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01-17-11 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, January 17, 2012 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 the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business 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 on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. January 3, 2012 – Regular Meeting B. January 10, 2012 -Special/Workshop Meeting 6. PROCLAMATIONS: A. All People’s Day ® – March 22, 2012 B. Recognizing Black History Month – February 2012 7. PRESENTATIONS: A. RESOLUTION NO. 04-12: Approve Resolution No. 04-12 recognizing and commending Michael Kosick for 30 years of dedicated service to the City of Delray Beach. 8. CONSENT AGENDA: City Manager Recommends Approval A. CONSENT TO ASSIGNMENT/CH2M HILL, INC. TO CH2M HILL ENGINEERS, INC.: Approve a Consent to Assignment agreement for professional services, from CH2M Hill, Inc. to CH2M Hill Engineers, Inc. B. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/DOWNTOWN ROUNDABOUT SHUTTLE: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) in the amount of $300,000.00 per year which provides funding to the City for continued shuttle bus operational and capital costs for FY 2012 and 2013. C. JOINT PARTICIPATION AGREEMENT (JPA)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approval to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to reimburse the City $300,000.00 for the operational and capital costs of the Downtown Roundabout Shuttle. D. CHANGE ORDER NO. 1/RANDOLPH & DEWDNEY CONSTRUCTION, INC./POMPEY CONCESSION STAND: Approve Change Order No. 1 with Randolph & Dewdney Construction, Inc. for a contract time extension of twenty (20) days and authorize the amount of $19,426.50 to be paid out of the Contract's Contingency Allowance, for the reconstruction of the second floor of the concession stand building. E. EXTENDING FAMILY AND MEDICAL LEAVE ACT (FMLA) BENEFITS TO DOMESTIC PARTNERS: Amend the Family Medical Leave Act (FMLA) Administrative Policy to extend FMLA benefits so that employees in a registered domestic partnership could care for their domestic partners in the same manner as married employees can take FMLA leave to care for their spouses. F. REVISED WORKFORCE HOUSING COVENANT/FLORANDA MHP, LLC AND NEW CENTURY EXECUTIVE QUARTERS, LLC: Approve a revised Workforce Housing Covenant, as proposed between the City and Floranda MHP, LLC and New Century Executive Quarters, LLC. G. RESOLUTION NO. 05-12/AFFORDABLE HOUSING ADVISORY COMMITTEE: Approve Resolution No. 05-12 amending Resolution No. 12-08 to provide for changes to the Affordable Housing Advisory Committee. H. INVESTMENT ADVISORY SERVICES/PUBLIC FINANCIAL MANAGEMENT (PFM) ASSET, LLC: Approve an agreement with Public Financial Management (PFM) Asset, LLC to provide government investment advisory services. The investment advisory services agreement will incorporate the City of Lake Worth’s RFP (10-11-102) as well as PFM’s bid response. I. AGREEMENT/LANGTON ASSOCIATES, INC./LOCAL ENERGY ASSURANCE PLAN (LEAP) & TRAINING: Approve an agreement with Langton Associates, Inc. in the amount of $40,000.00 for providing services under the Local Energy Assurance Plan Grant from the U.S. Department of Energy; subject to approval of the final agreement by the City Attorney’s Office. Funding is available from 101-6354-519-31.90 (ARRA Economic Stimulus FD: Accounting & Auditing/Audit & Accounting Fees). J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3, 2012 through January 13, 2012. K. AWARD OF BIDS AND CONTRACTS: 1. Bid award to F2 Industries, LLC in the estimated annual cost of $94,920.00 for the purchase and delivery of Poly Phosphate for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 2. Bid award to Rosso Paving & Drainage, Inc. in the amount of $36,000.00 for sidewalk construction along the alley just south of 20 North Swinton Avenue (the CRA). Funding is available from 334-3162-541-63.11(General Construction Fund: Improvements Other Than Buildings: Bikepaths/Sidewalks). 3. Bid award to Gulfstream Carpet, Inc. in the amount of $20,305.80 for approximately 1,134 yards of indoor/outdoor carpet with trim for the Tennis Stadium. Funding is available from 334-4145-572-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 9. REGULAR AGENDA: A. WAIVER REQUEST/CHASE BANK: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.12(F)(2), “Planned Commercial (PC) District”, to reduce the minimum required floor area for a free standing structure from 6,000 square feet to 4,423 square feet for Chase Bank, located on the north side of Linton Boulevard east of Military Trail within Delray Town Center. (Quasi-Judicial Hearing) B. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/FLORIDA POWER & LIGHT (FPL)/DIGITAL DIVIDE PROJECT: Consider approval of an Interlocal Agreement with Palm Beach County and FPL in the annual amount of $8,780.31 for payment of pole attachments and electrical fees required for the Digital Divide project in the West Atlantic Avenue area. C. SPECIAL EVENT REQUEST/1ST ANNUAL WINE AND SEAFOOD FESTIVAL: Consider approval and endorsement of the 1st Annual Wine and Seafood Festival, sponsored by Greater Delray Beach Chamber of Commerce proposed to be held on November 10, 2012 from 11:00 a.m. to 10:00 p.m., and November 11, 2012 from 11:00 a.m. to 8:00 p.m., with alternate dates of November 3 & 4, 2012, pending dates for the Chris Evert Tennis Tournament; grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from the west side of Bronson to the east side of the Intracoastal from 3:00 p.m., Friday, November 9, 2012 through approximately 10:00 p.m. Sunday, November 11, 2012; and authorize staff support for traffic control and security, EMS services and Fire inspections, barricading, and event signage; contingent upon the conditions of approval listed in the staff report. D. SPECIAL EVENT REQUEST/DELRAY BEACH TWILIGHT FESTIVAL 5K RUN: Consider approval and endorsement of an additional event, Delray Beach Twilight Festival 5K Run, sponsored by RAC Event Productions proposed to be held in conjunction with the Wellness and Fitness Festival/Bike Race on March 10, 2012 from 8:00 a.m. to 10:00 a.m., grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of A-1-A from Casurina to George Bush Boulevard from approximately 6:00 a.m. to 10:00 a.m.; and authorize staff support for traffic control, barricading, clean up, and waiver of parking meter fees for Sandoway and Anchor parking lots; contingent upon receipt of a Hold Harmless Agreement, a Certificate of Event Liability and receipt of permit fee of $150.00 by the dates outlined in the staff report. E. AGREEMENTS FOR CONSULTING ENGINEERING SERVICES: Approve Agreements with Corzo Castella Carballo Thompson & Salman, Craig A. Smith & Associates, Calvin Giordano & Associates, Kimley-Horn & Associates, Mathews Consulting, Inc. and Wantman Group for consulting engineering services for capital improvement projects contained in the City’s Capital Improvement Program (CIP). F. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2013 and one (1) regular member to serve an unexpired term ending July 31, 2012 to the Education Board. Based upon the rotation system, the appointments will be made by Commissioner Carney (Seat #1) and Commissioner Alperin (Seat #2). H. DISCUSSION OF THE GARBAGE RATE COMPARISON: Provide direction to staff regarding how the City should respond to Waste Management's proposals for extension of their franchise for solid waste collection. 10. PUBLIC HEARINGS: A. RESOLUTION NO. 02-12: Consider adopting a schedule of non-ad valorem assessments to partially fund fire rescue operations and first response. B. ORDINANCE NO. 44-11 (SECOND READING): Consider an ordinance revising the Charter of the City of Delray Beach by amending Article III, “Legislative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms”; Section 3.08, “Vacancies; Filling of Vacancies”; and Section 3.09, “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a terms from two years to three years and clarifying the applicability of such change; providing for a referendum election to be held on March 13, 2012. C. ORDINANCE NO. 02-12: Consider an amendment to Chapter 96, “Fire Safety and Emergency Services”, by amending 96.16, “Certain Codes Adopted by Reference”, to comply with the State of Florida’s updated changes in the Fire Prevention Code Standards. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 01/03/12 JANUARY 3, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 3, 2012. 1. Roll call showed: Present -Commissioner Tom Carney Commissioner Jay Alperin Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Lanelda D. Gaskins, Acting City Clerk 2. The opening prayer was delivered by Reverend Paula Hayward, Board member of the Delray Beach Interfaith Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Dr. Alperin requested that Item 8.E., Appointment of Outside Counsel to Assist in Review of Ordinances Regarding Transient Housing of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Carney requested that Item 8.N.1., Purchase Award to Municipal Lighting Systems of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Frankel. 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. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of December 6, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as 2 01/03/12 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. Mrs. Gray moved to approve the Minutes of the Regular Meeting of December 13, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Martin Luther King, Jr. Day – January 16, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming January 16, 2012 as Martin Luther King, Jr. Day. Lillian Strainge came forward to accept the proclamation and gave a few brief comments. 6.B. Calling for the First Non-Partisan Election to be held on March 13, 2012 Mayor McDuffie read and presented a proclamation hereby calling for the First Nonpartisan Election and a Special Election to be held on Tuesday, March 13, 2012, between the hours of 7:00 a.m. and 7:00 p.m. Lanelda Gaskins, Deputy City Clerk, accepted the proclamation. 7. PRESENTATIONS: 7.A. Government Finance Officers Association Award – Certificate of Achievement for Excellence in Financial Reporting Milena Walinski, Assistant Finance Director, stated this is one of the highest accommodations that the Finance Department receives for governmental accounting and this is the 28th consecutive year the City of Delray Beach has received this award. Mayor McDuffie stated the Government Finance Officers Association reviews the work that the City’s Finance Department turns into the state and based upon certain criteria they decide whether the City is doing a good job or not. Mayor McDuffie stated the City is doing a very good job and have awarded the Finance Department the Certificate of Achievement for Excellence in Financial Reporting Award for the 28th consecutive year. Mayor McDuffie congratulated the Finance Department for this accomplishment. 7.B. Recognizing and commending sponsors who helped make the 25th Annual Turkey Trot 5K Run and Health Walk a success Danielle Beardsley, Special Event Coordinator/Parks & Recreation, stated every year they do a Turkey Trot 5K Run and Health Walk along A-1-A for the “Keith 3 01/03/12 Straghn Feed the Hungry Thanksgiving Drive”. This feeds thousands of people on Thanksgiving Day between Delray Beach, Boynton Beach and Boca Raton. Mrs. Beardsley stated they raised over $2,000.00 and 466 people participated. Mrs. Beardsley thanked and recognized the sponsors for their generosity: (1) Grimes Events & Party Tents, (2) Crossfit Delray Beach, (3) Bob’s Quick Printing, and (4) Road ID. 7.C. Waste Management Proposal Presentation Butch Carter, Waste Management, briefly discussed an intelligent waste collection system by BigBelly Solar. Mr. Carter stated the Waste Management Solar powered trash compactor uses renewable energy to turn public spaces into clean ecofriendly zones and powered by the sun it encourages recycling and reduces both greenhouse gas emissions and trash collection expenses. Mr. Carter stated it is good for the environment and the economy. He stated the solar powered compactor does not have an open container top; you have to actually walk up to it and put your items into it so it will help reduce litter. Mr. Carter stated reduces operational cost, it is tech savvy, it is powered by the sun and made of recycled materials and although it is small it has a huge capacity. He stated inside the solar compactor is about a 35 gallon bin and holds 180 gallons of loose debris that would be out on the street. Mr. Carter briefly discussed the three options (Option A, Option B and Option C). Mrs. Gray asked if there is a comparison charge as to what we have been paying for the pickups. The City Manager stated Rich Reade has done some analysis on it and staff is doing more. Mrs. Gray asked if there is a cost for the maintenance of the software once the contract is over. Mr. Carter stated it is currently $7.95 per month per unit. Mrs. Gray asked how many compactors have been donated to date. Mr. Carter stated Waste Management has agreed to fund the purchase of ten compactors and the City has purchased three. Mr. Carney stated he has received three calls on these receptacles and people are very happy with them. Dr. Alperin asked if staff collects the garbage from the old containers. The City Manager stated some Waste Management does and some City staff does. Mr. Carter stated in remote locations such as the parks the City staff collects it and brings it to a centralized location but along the Avenue and the beach Waste Management is doing the collection. Mrs. Gray asked if there any other type of contracts that the Commission would have to review with given direction to move forward or not with this. The City Attorney stated there has been other garbage collection contract that may have been led out in the not too distant past. The City Attorney stated on the Waste Management contract there is one particular fee that is a collection around the bus shelters which the City would have to bid out in order to comply with the purchasing guidelines. 4 01/03/12 Dr. Alperin stated some people are concerned with the extension of a contract as opposed to going out for bid and asked if staff should get an idea of what other cities are paying for a similar service. The City Manager stated staff will get that information to the Commission. Mayor McDuffie stated this is very exciting technology and this falls within the guidelines of the recommendations made by the Green Task Force and now we have a Green Implementation Advancement Board (GIAB) who also continues to make recommendations. Mayor McDuffie stated he was present when the first one was put at Pompey Park and they are terrific machines. Mr. Carter stated with regard to residual value, the first solar powered compactors were put out 13-14 years ago in Cape Cod and they are still functioning. He stated the very first ones he does not believe have the wireless technology but the rest of them do have it. Mayor McDuffie asked if the console would be under the City’s control so the Sustainability Officer could get the statistics off of it. Mr. Carter stated Waste Management would monitor it but the information about the Delray Beach Solar Powered Compactors is proprietary and the management console is password protected and the City is not limited to how many they would like to have. Mr. Carter stated Waste Management has access to it because they are also a collector and distributor. Mayor McDuffie stated the green, yellow and red indicators are positioned where the compactors exist indicating when they need to be emptied and asked if the City gets this information as well as Waste Management or is it incumbent upon the City to take that information and tell Waste Management the ones that need to be picked up. Mr. Carter stated the management console is currently monitored by Tim Simmons, Parks Superintendent. Mayor McDuffie stated rather than clicking on dots all over the city to find out where they are located it would be handy to get a report either on the screen or a hard copy. Mr. Carter stated the dots are telling you when it is time to schedule and the City already has a schedule. Mr. Carter stated it is a set route and it is all managed. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 01-12: Approve Resolution No. 01-12 regarding the March 13, 2012 First Nonpartisan and Special Election. The caption of Resolution No. 01-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN ELECTION AND A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 13, 2012; AND A SECOND NONPARTISAN ELECTION, IF NECESSARY, TUESDAY, MARCH 27, 2012; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN 5 01/03/12 THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION OF TWO CITY COMMISSIONERS AND THE SPECIAL ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 44-11; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 01-12 is on file in the City Clerk’s office.) 8.B. RIGHT-OF-WAY DEED ACCEPTANCE/DELRAY BEACH HOUSING AUTHORITY: Accept a right-of-way deed for the dedication of 50’ of land for Auburn Avenue from the Delray Beach Housing Authority in association with the Village Square Redevelopment project. 8.C. CHANGE ORDER NO. 4/FOSTER MARINE CONTRACTORS, INC.: Approve Change Order No. 4 to Foster Marine Contractors, Inc. in the amount of $10,646.40, for additional sod required due to sod quantity shortages; and a contract time extension of fourteen (14) days; for the S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue project. Funding is available from 334-3162-541-68.04 (General Construction Fund/Other Improvement/S.W. 12th Avenue/Auburn/S.W. 14th Avenue). 8.D. SERVICE AUTHORIZATION NO. 06-12/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 06-12 with Currie Sowards Aguila Architects in the amount of $44,300.00 for consulting services required in conjunction with a storm hardening project for Fire Rescue Headquarters (Fire Station No. 1). Funding is available from 334-6112-519-62.10 (General Construction Fund: Capital Outlay/Buildings). 8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.F. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) and Residential Construction Mitigation Program (RCMP) to the lowest responsive bidder, Citywide Construction Services, Inc., for 218 S.W. 13th Avenue in the amount of $24,011.77. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation) and 118-1936-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 6 01/03/12 8.G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve and authorize execution of a Sub-Recipient Funding Agreement with Achievement Centers for Children and Families under the Community Development Block Grant (CDBG) program for FY 2011-2012, with total funding in the amount of $72,540.00. Funding is available from 118-1966-554-82.09 (Neighborhood Services: Aid to Private Organizations/Child Care Center). 8.H. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.: Approve and authorize execution of a Sub-Recipient Funding Agreement with the Fair Housing Center of the Greater Palm Beaches, Inc. under the Community Development Block Grant (CDBG) program for FY 2011-2012, with total funding in the amount of $6,000.00. Funding is available from 118-1966-554-82.12 (Neighborhood Services: Aid to Private Organization/Fair Housing Center). 8.I. AMENDMENT TO THE THIRD ADDENDUM TO THE CONTRACT FOR SALE AND PURCHASE/2216 N.E. 3RD AVENUE: Approve an Amendment to the Third Addendum to the Contract to sell/transfer one (1) NSP property to the Delray Beach Community Land Trust (DBCLT) for the benefit and resale of the unit to a household with an income less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. 8.J. REVISED WORKFORCE HOUSING COVENANT/BAMFOUR, LLC/DKB REALTY INVESTMENT, INC./MATHIAS DEVELOPMENT: Approve the revised Workforce Housing Covenant as proposed between the City and Bamfour, LLC, DKB Realty Investment, Inc. and Mathias Development, Inc. 8.K. RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Approve and ratify the appointment of Mr. Adrian Ralkauskas, Police Department Representative, for an unexpired term ending November 11, 2013. 8.L. REQUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK FACILITIES FOR THE DR. MARTIN LUTHER KING, JR. HOLIDAY CELEBRATION: Approve a request to waive field permit and facility rental fees and provide staff support at Pompey Park on January 14, 2012 from 8:00 a.m.–12:00 p.m., and January 16, 2012 from 11:00 a.m.–5:00 p.m., for the Dr. Martin Luther King, Jr. Holiday Celebration. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 12, 2011 through December 30, 2011. 8.N. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 7 01/03/12 Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. 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. 9. REGULAR AGENDA: 9.A.A. AGREEMENTS FOR CONSULTING ENGINEERING SERVICES/WANTMAN GROUP, INC./MATHEWS CONSULTING, INC.: Approve Agreements with Wantman Group, Inc. and Mathews Consulting, Inc. for consulting engineering services for capital improvement projects contained in the City’s Capital Improvement Program (CIP). Project #12-057. Dr. Alperin stated he pulled this item because he would like to see all of the contracts at one time instead of certain ones being approved and getting a head start on the others for city projects. Mr. Carney asked if there is a reason why we are piecemealing the approvals of the contracts as opposed to seeing all the contracts and how they interact with each other. Richard Hasko, Director of Environmental Services, stated staff has been bringing them forward as they get them from the consultants. Mr. Hasko stated staff will not be able to get started on the 2012 design work for the capital program until staff gets all the contracts before the Commission. Mr. Frankel moved to postpone Item 9.A.A. (formerly Item 8.E.) to January 17, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – No. Said motion passed with a 4 to 1 vote, Mayor McDuffie dissenting. 9.A.A.A. AWARD OF BIDS AND CONTRACTS: Purchase award to Municipal Lighting Systems in the amount of $83,160.00 for the purchase of sixty (60) LED light fixtures that are Buy America Compliant, to install on the decorative street light poles along West Atlantic Avenue. Funding is available from 101-6352-519-46.95 (ARRA Economic Stimulus FD: Repair & Maintenance Services/West Atlantic Avenue Street Lights). Mr. Carney stated he requested that this item be pulled and understands he received a response from the City Manager today. Mr. Carney stated this was an approval of a contract for $83,000.00 to purchase LED light fixtures to complement existing ones that we already have there. He stated it was not comparatively bid and understands the City went with the sole source supplier. Mr. Carney stated it is older LED technology and has staff fully examined this new technology to see whether or not it is worth it. 8 01/03/12 Richard Hasko, Director of Environmental Services, stated the technology will always be evolving and the reason staff is making the recommendation is because through a trial process a number of different types of manufacturers of LED fixtures over the last few years. Mr. Hasko stated this particular manufacturer has proven to provide the most reliable lowest maintenance product with a superior warranty. Brief discussion by the Commission and staff followed. Dr. Alperin moved to approve the Purchase Award to Municipal Lighting Systems in the amount of $83,160.00, seconded by Mr. Frankel. 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. 9.A. APPEAL OF AN ADMINISTRATIVE INTERPRETATION/BOSTON’S RESTAURANT: Consider the appeal of an administrative interpretation by the Director of Planning and Zoning that a conditional use approval is required for the outdoor entertainment component to be located on the Boston’s Restaurant expansion area located at 40 South Ocean Boulevard. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi-Judicial Hearing rules into the record for this item and all subsequent Quasi-Judicial items. Lanelda D. Gaskins, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has the same ex parte communications he disclosed at both December meetings and he also received an email message that Mr. McMurrian called and he tried to call him back and did reach him today. Mrs. Gray stated she has the same ex parte communications she disclosed in the December meetings and she could have some emails; however, she has not checked those emails. Mayor McDuffie stated he disclosed the same ex parte communications he disclosed in the December meetings and received notification to call Mr. McMurrian and they have yet to connect with each other. Mr. Carney stated he has no new ex parte communications to disclose since the last time and stated there was an email about contacting Mr. McMurrian; however, he has not had the time to do that. Dr. Alperin stated he has no new communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-194 into the record. Mr. Dorling stated this is an appeal of the Planning and Zoning Director’s interpretation that a conditional use approval is required for the outside entertainment component of the Boston’s restaurant Phase II expansion and this includes the expansion to the south up to where the Bermuda Inn used to be. This includes a Class V site plan 9 01/03/12 application that was approved on November 9, 2011, by the Site Plan Review and Appearance Board (SPRAB) which includes three accessory structures including some bathrooms, a storage area, an outside bar and outside lobster cooker, and an outside deck that is to be used for outside entertainment. Mr. Dorling stated this entertainment area is the subject of this appeal. The determination that requires this additional process is consistent with how this outdoor entertainment venue has been handled in the past. The only legally established outside venue of this type is the approval received as part of the redevelopment of Block 85 formally known as Grove Square and now it is currently known as IL Bacio. Mr. Dorling stated they processed a conditional use under LDR Section 4.6.6.(A)(2) which states that certain conditional uses are allowed within commercial districts and they are subject to this conditional use process where appropriate conditions can be placed on them including visual and other impacts like noise. Mr. Dorling stated the applicant may argue that the outside entertainment is an accessory use to a restaurant but the accessory uses in the CBD (Central Business District) and outdoor entertainment is not included in that. He stated to assume that all restaurant uses may include outside entertainment would set a dangerous precedent citywide. Tom McMurrian, Ocean Properties, stated they own the Marriott and a few years ago they bought Boston’s Restaurant, stated they downscaled the property to make it more functional and briefly explained how the trucks pull into the site, back up to make the deliveries, pull back out and leave onto Atlantic Avenue. Mr. McMurrian stated they are trying to keep the trucks from going any further south. He briefly explained Phase II. He stated they looked at ways to keep the sound down by creating a wall. The wall starts on A-1-A at 5 feet; it steps up to 8 feet; steps up to 12 feet and then steps up to 13 feet and the wall becomes a sound barrier. Alan Ciklin, Attorney representing the owners of Boston’s Restaurant, stated November 9, 2011, they were approved by the Site Plan Review and Appearance Board (SPRAB) and at that time there was a recommended condition of approval that Boston’s be required to obtain a conditional use for dinner places, places of assembly, live concerts or live performances. Mr. Ciklin stated at the SPRAB meeting they explained that they were not doing that but they were just accessory music like so many other venues on Atlantic Avenue and SPRAB agreed and voted unanimously to eliminate that condition. He stated they received the letter of approval from SPRAB and it was not a condition anymore; however, there was a comment that said they needed a conditional use for music. Mr. Ciklin stated he filed an appeal on behalf of Boston’s indicating that this is accessory to the restaurant area and it is not a music type of venue. Mr. Ciklin stated the City Attorney explained to him that because it was a comment and not a condition of approval that the appeal was really Mr. Dorling’s decision not the condition and this was amended accordingly. He stated then he received a telephone call from Mr. Dorling and that was not the section after all and that there was another section that stated “all commercial uses need to be within four walls except for certain accepted uses including outside dining areas”. Therefore, Mr. Ciklin stated they amended the appeal to be the appeal of that. He stated the music that they are providing in that limited space is an accessory use to the dining and is not a primary use. Mr. Ciklin stated music is accessory to the dining area because if you walk up and down Atlantic Avenue there are a number of restaurants that have outside 10 01/03/12 music playing; some are outside and some are under a roof and only one has a conditional use. Mr. Ciklin stated as Boston’s is going through an expense in making this the premiere place on Atlantic Avenue they are hoping they have the same benefit as those other uses. Edward Dugger, Acoustics Architect, 789 SW Federal Highway Stuart, Florida 34994, stated they have been working on projects with the City of Miami Beach, South Beach, Orlando, Palm Beach Gardens, and West Palm Beach. Mr. Dugger stated as an important part of controlling the noise especially the music is being able to control the audio system. He stated if they have control over the audio system they can also can model the speaker placement and the throat patterns of the speakers so they know exactly where the sound goes not only in the near field but also any reflections that come off buildings. Mr. Dugger also suggests that a salable meter be built into the venue not only the band members but also the management can understand what the salable are. The City of Delray Beach has two requirements; one is a decibel (measured in DBA) and another one called L50. He stated they can go through the materials involved such as a thatched roof, sand for the floor versus concrete or pavers. 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. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Dorling stated this requirement is an LDR requirement and it is required to go through a conditional use process. He states staff can apply reasonable conditions, frequency, and hours of operation. Mr. Dorling stated if the Commission takes the position that it is just allowed as an accessory use the City loses that control. Mr. Dorling stated restaurants on Atlantic Avenue that do have music and those that have it inside and you can hear it from the outside it is in a completely enclosed building as identified in the LDRs. He stated the moment you go outside you need this conditional use process. The City Manager stated there have been a number of restaurants that have been in violation as well and they have been required to either remove speakers or tone the volume down. Mr. Ciklin stated there is outside music being provided in addition to just Johnnie Brown’s and reiterated that only one conditional use has been granted. Mr. Ciklin stated SPRAB unanimously recommended that the condition requiring conditional use approval for music be eliminated. He stated at the SPRAB hearing there was no opposition. Mr. Ciklin stated the old pre-renovated Boston’s had outside music as part of the tiki bar and it was never a problem and the pool area that was part of the Bermuda House that was eliminated was probably a bigger problem. Dr. Alperin made reference to the minutes of the last meeting and stated the Commission was very specific in the approval to the site plan, landscape plan, etc. that it was not including the approval of entertainment on the platform. Dr. Alperin stated his vote in supporting the site plan with the platform was with the knowledge that there was not going to be entertainment there. 11 01/03/12 Mr. Carney stated Mr. Ciklin’s statement suggesting that the pool would be as big of a problem as outdoor entertainment is not a correct comparison. Mr. Carney stated he understands there are restaurants along the Avenue but to compare the beach area and this location with a corridor of entertainment venues he does not find to be a correct comparison either. He stated staff is not saying that there cannot be outdoor entertainment but they are saying because it is contiguous to residential neighborhoods that there should be some controls on the hours of the entertainment and/or the volumes. Mr. Carney supports staff’s recommendation that a conditional use for outdoor entertainment is required. Mrs. Gray stated while she appreciates what is being done to Boston’s, she feels the LDRs and ordinances need to be upheld and they are put in place to protect everyone. She stated the residents should have some type of input being that music does travel. Mrs. Gray supports staff’s recommendation. Mr. Frankel stated Boston’s has had a tiki bar for many years with live bands on the weekends. Mr. Dorling stated they were not approved for the bands; they were approved for an outside bar area that when they went for approval did not include an area for a band. Mr. Dorling stated if he was aware that they were having bands there, staff would have had Code Enforcement sent out. Mr. Frankel stated the renovation is beautiful but the problem he has is the comparison to the music on Atlantic Avenue and how many phone calls has the Commission received about the music on Atlantic. Mr. Frankel stated to him that side is a lot quieter on Friday at 11:00 p.m. than on the corner of 2nd and Atlantic Avenue. Mr. Frankel stated there should be controls. Mayor McDuffie stated he is a musician and has played at Boston’s. He loves the site plan and concurred with Commissioner Frankel that the Commission has received numerous phone calls and email out of two places in the center of Atlantic Avenue to the point of litigation in one of the two. Mayor McDuffie stated noise regulation in this community is of the utmost importance and supports a conditional use where the City has control over the music. Mayor McDuffie stated he supports staff’s recommendation. 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). Dr. Alperin moved to adopt the Board Order denying the applicant’s appeal of the Planning and Zoning Director’s interpretation regarding the outdoor entertainment function, seconded by Mr. Carney. 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 to adopt the Board Order denying the applicant’s appeal passed with a 5 to 0 vote. At this point, the time being 7:32 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 12 01/03/12 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 44-11: Consider an ordinance amending the Charter of the City of Delray Beach by amending Article III, “Legislative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms” and Section 3.09, “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term from a two (2) year term to a three (3) year term; providing for a referendum election to be held on March 13, 2012. The caption of Ordinance No. 44-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, “LEGISLATIVE”, SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS” AND SECTION 3.09, “TERM LIMITS”; AMENDING ARTICLE V, “ELECTIONS”, SECTION 5.02, “TYPES OF ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 13, 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-11 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated this ordinance provides for a change in the Commission terms. The City Attorney stated at the last Commission meeting they made some modifications to direct staff to go ahead and have the terms modified to allow for three terms and the term amount of three years would stay the same. 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. Mr. Carney requested that certain language changes be considered and asked how this will be addressed. The City Attorney stated depending on what the Commission decides tonight he can go back and re-draft the ordinance and come forward with a second reading on January 17, 2012. Brief discussion between the Commission and the City Attorney followed. 13 01/03/12 Mr. Carney stated if someone is elected to a three year term and the next election would be in two years under the way the other portions of the code worked that person would be appointed and would serve essentially the next election which would be two years. He stated in the event that there was an appointment that the person could not serve two years until the next election and that there would have to be a special election so that there would not be two years until the next election. Mr. Carney stated the concept was that an appointment needs to be limited to the next time an election could be held not scheduled to be held. Brief discussion between the Commission and the City Attorney continued. Lanelda D. Gaskins, Deputy City Clerk, stated the deadline for the City to get this ordinance into the Supervisor of Elections is January 18, 2012. After brief discussion, the City Manager stated the simplest thing to do would be to have the language state that anytime someone is appointed that they serve until the following March, and if there is not a regular election the following March have a special election. Mr. Frankel and Mrs. Gray stated they support this. The City Manager explained that what the Commission is saying is that if someone gets appointed they do not want to have an appointed person serve for the approaching two years. The idea is that if someone is appointed they can only serve until the following March. If there is a regularly scheduled election the following March, fine. If there is not, there would be a special election that March so that someone would be elected to fill out the term and it would follow the same pattern that we have now. A resident from the public spoke and stated there are approximately 100 people in the Commission Chambers this evening, 60,000 people in the City and feels they should weigh in how the Commissioners are elected. Mayor McDuffie declared the public hearing open. Connor Lynch, speaking on behalf of DELPAC (Delray Economic Leaders Political Action Committee) as the Chair, stated as a result of the votes and the discussion at the last meeting revolving around the term limit issue DELPAC has the following consensus regarding the changes being proposed in priority order: (1) opposed to any changes to terms and term limits that would favorably affect anyone currently holding office in an elected position, (2) opposed to an extension of term limits to nine (9) years as they do not feel an adequate argument has been made for the need for this, (3) Mr. Lynch stated the group was less adamantly opposed to the change from 2-3 years but overall the consensus was to leave the term limits as they are now. Mr. Lynch stated DELPAC feels that a change to the Charter to reflect the times is a positive thing but that all aspects of the Charter should be reviewed at once. 14 01/03/12 Patricia Archer, 380 Sherwood Forest Drive, Delray Beach, FL 33445, stated she believes that a ballot question that supports a Commission term limit change from three two year terms to two three year terms has a good chance of passing for a variety of reasons: (1) elections are expensive, (2) the Commissioners campaign, work for a year, and then campaign for the next year and it makes them campaign too many times for too long a time. She understands that the Commission believes that 3 three-year terms would give them more time to participate and better represent the City at County and State levels but does not believe the constituency is interested in extending the length of Commission service to nine (9) years. Mrs. Archer stated she supports the referendum process but urged the Commission to reconsider the number of terms. Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483, stated this is not a simple issue and expressed concern with the length of terms and so called “career politicians”. He stated if this is a Charter ballot issue then that should be the case but to do this just on the expediency of saving some money in elections he would challenge the Commission to look at the budget. Mr. Edick stated this should go through the proper process and urged the Commission to get more community input before they make a decision. Tom Lynch, 28 Country Road, Boynton Beach, FL 33436, stated this is a serious enough issue that it should constitute a Charter Revision Committee made up of citizens who own and run the city. Mr. Lynch stated he does not feel this change should be made by the Commission especially when some people might personally benefit from it. Cary Glickstein, 1118 Waterway Lane, Delray Beach, FL 33483, concurred with comments expressed by Mr. Lynch and Mr. Edick. Mr. Glickstein stated the precedent in the City is to have a Charter Review of something so important especially when the Commission benefits and when there is feeling both nationally and locally that the public does not want people in office that long. He stated they want fresh ideas and good government. Mr. Glickstein stated he is not suggesting that they want different people now but it should stay the same until the people of the city vote to change it not the Commission. 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 Beach and Member of the Alliance), concurred with comments expressed by Mr. Glickstein and stated he does not support someone’s term extended to three (3) years. He stated he would not want the Commission to have control for nine (9) years. Dr. Kirson stated a six (6) year limit is all that is needed and urged the Commission to not support this. Tom Stanley, 3524 Oleander Way, Delray Beach, FL 33483 (Gulf Stream), Secretary for DELPAC (Delray Economic Leaders Political Action Committee), stated there is not enough community involvement or community outreach in what the Commission would like to do. 15 01/03/12 Mr. Stanley supports DELPAC’s opinion and stated two three year terms would be fine. He stated he understands what the Commission is talking about regarding the appointing and the special election; however, Mr. Stanley stated it is too soon without the community outreach. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-11, the public hearing was closed. Mr. Frankel stated the intent of what the Commission was proposing to do was to let the citizens decide not ten people who spoke or not one group or organization. He stated he emailed several people and had some communications. Mr. Frankel stated there would be $40,000.00 in savings every third year. In Delray, the Commission is not able to advance to leadership positions in Palm Beach County, the Palm Beach County League of Cities, or the Florida League of Cities because of the current limits. Mr. Frankel stated in Palm Beach County 19 municipalities have two year terms; 17 municipalities have three year terms; 2 municipalities have four year terms but in Palm Beach County only 3 municipalities allow members to serve two consecutive terms; 2 municipalities allow maximum service of three consecutive terms; and 33 have no term limits. Mr. Frankel stated in recent election cycles the last four Commissioners have not served out their maximum potential. He stated it is important to have a debate and he understands what Commissioner Carney is proposing but the Commission is not doing anything self-serving. Mrs. Gray stated she agrees that the citizens should have input and also agrees that the two three year terms is a possibility. However, Mrs. Gray stated she has experience with the Palm Beach County League of Cities, the Florida League and the National League of Cities and as elected officials they do not have time to develop relationships with these legislators in order to get the issues passed or that they would be able to be on these committees. Mrs. Gray stated it would not be self-serving to her because it would only extend one year. She stated we need to figure out more ways to save dollars for election and everyone would be included at the time of the vote. Mrs. Gray stated she supports the three three-year term. Mr. Carney stated there was a concept of saving money which he felt was important. He stated he does not feel that fresh faces for the sake of fresh faces is a good idea and sometimes gray hairs count because experience counts. Mr. Carney stated the arrogance would be if he saw that these things could actually benefit Delray Beach and did not put them to the voters. Mr. Carney stated he is going to let the voters decide what they want he is not going to decide for them. Dr. Alperin stated he will not be benefiting from this because he is not running for office. He stated there was a suggestion that this be done with a Charter Review Committee. Dr. Alperin stated in 1990 he ran against an incumbent and David Randolph ran against an incumbent and they beat the incumbents. Dr. Alperin stated he supports democracy and does not like having his choice being limited. He does not support this because it does have a term limit. 16 01/03/12 Dr. Alperin stated you lose your democracy with term limits. Mayor McDuffie stated he is term limited out and no matter what happens in what the Commission votes on here one year from March (2013) he will leave the office of the Mayor of Delray Beach. He stated whatever decision is made tonight has no effect on him as an elected official whatsoever and asked that it not be called self-serving. Mayor McDuffie stated he can think of a more pure form of democracy than the voters deciding what the answer to this is. The City Attorney stated since the Commission has directed him to make the change to the ordinance as stated by the City Manager, he suggested that there be a First Reading on this ordinance at the Workshop meeting and a second reading on January 17, 2012 because the changes will change the caption of the ordinance. Mayor McDuffie stated he would like to see this as single issue/Special Meeting held in the Commission Chambers not the first floor conference room. Dr. Alperin moved to continue Ordinance No. 44-11 onto First Reading on January 10, 2012 to include the modification, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 50-11: Consider an amendment to Chapter 34, “Elections”, by amending Section 34.16, “Filing of Nominating Petitions”, to modify the number of registered voters required to sign a petition to grant eligibility of a candidate to qualify to run for office. The caption of Ordinance No. 50-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, “ELECTIONS”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 34.16, “FILING OF NOMINATING PETITIONS”, TO MODIFY THE NUMBER OF REGISTERED VOTERS REQUIRED TO SIGN A PETITION TO GRANT ELIGIBILITY OF A CANDIDATE TO QUALIFY TO RUN FOR OFFICE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-11 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 17 01/03/12 and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. Chuck Halberg, 4870 S. Classical Boulevard, Delray Beach, FL 33445, asked why people already running only have to obtain 250 signatures if this ordinance is still being considered. Gary Eliopoulos, 314 N.W. 7th Street, Delray Beach, FL 33444, stated he respects how the Commission makes their decisions but also believes when you really believe in something sometimes you actually want it to be the people that help select this. Mr. Eliopoulos stated the City actually has approximately 30,000 registered voters and only 4,000 that vote. Mr. Eliopoulos stated it is not really going to the public and the signatures are based on 1% of the actual registered voters. He encouraged the Commission to rethink some of these things and feels that a Charter Review is necessary. 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 Beach and Member of the Alliance), stated he has 287 signatures and averages about 7 signatures an hour. Dr. Kirson stated the purpose of getting signatures is to speak to people and hear their input that is great. He stated for him to obtain 450 signatures is impossible. Dr. Kirson stated most of the other candidates have kids or political groups getting signatures for them and asked what this accomplishes. There being no one from the public who wished to address the Commission regarding Ordinance No. 50-11, the public hearing was closed. Dr. Alperin stated when the City was smaller the 1% meant about 200 people. Dr. Alperin stated 250 signatures is a substantial number of signatures to get to justify that you deserve the right to run. Dr. Alperin stated there are so many registered voters and only a few thousand actually vote you have to actually get more than 10% of the actual voters you have to get to sign and noted this is too high. Mr. Carney stated when he undertook this task it was described to him that the reason he has all these signatures is because you get to meet the people. However, Mr. Carney stated the reality is that most people have other people out there getting signatures for them all of which shows community support but it does not meet the objective of actually getting to meet the people. Mr. Carney stated out of the average number of people who vote (anywhere between 3,000 and 3,400 people in a municipal election) 250 seemed like a good number because it is 8% of the actual voters. He stated he would have been prepared to take 10% of the average number of people who voted as your standard. Mr. Carney stated 500 signatures is a lot of signatures and it does keep some people from running. Mrs. Gray supports candidates obtaining 250 signatures and she is also fine with raising it to 300 if the Commission wishes to do so. 18 01/03/12 Mr. Frankel stated what is being proposed tonight is 250 valid signatures. He stated when he went through the process the Commission needed 410 and he turned in 550 and some were kicked back because he had duplicates, etc. Mr. Frankel stated 250 valid signatures means 350-400 signatures which shows the candidate is taking it seriously and feels 250 valid signatures is fair. Mayor McDuffie stated he has run three times and the first time his campaign team was his wife and they went to all the places they could think of in Delray Beach to gather signatures. Mayor McDuffie stated the number of registered voters is about 41,000 so you need to obtain 410 signatures and he has always gathered 600 signatures or more because some people who think they live in Delray Beach and have a Delray Beach mailing address actually live in unincorporated Delray Beach west of the City limits. He stated you really need to take 50% above the target number that you have been given and you need to get that many signatures to get qualified. Mayor McDuffie stated he always obtained 600 or more to make sure he got through on the first time. Mayor McDuffie stated right now you need 410 verified signatures to get on the ballot until this ordinance passes at which point it will drop to 250 valid signatures. Dr. Alperin moved to adopt Ordinance No. 50-11 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – No; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 1 vote, Commissioner Carney dissenting. At this point, the time being 8:34 p.m., Commissioner Carney stepped away from the dais. 10.C. ORDINANCE NO. 47-11 (SECOND READING/SECOND PUBLIC HEARING): City-initiated amendment to the Land Development Regulations (LDR) Sections 4.4.6 “Medium Density Residential (RM) District”, 4.4.9 “General Commercial (GC) district”, 4.4.12 Planned Commercial (PC) District, 4.4.13 “Central Business (CBD) District” and Section 4.4.28 Central Business District–Railroad Corridor, in order to provide that assisted living facilities will be allowed in the same manner as multiple family residential developments with respect to the number of units and density. The caption of Ordinance No. 47-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT, SUBSECTION (D), “CONDITIONAL USES AND 19 01/03/12 STRUCTURES ALLOWED”, SECTION 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (B), “PRINCIPAL USES AND STRUCTURES PERMITTED”, SECTION 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (G)(3)(4), “MULTIFAMILY DWELLING UNITS”, SECTION 4.4.12, “PLANNED COMMERCIAL (PC) DISTRICT”, SUBSECTION (G), SUPPLEMENTAL DISTRICT REGULATIONS”, SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, SUBSECTION (D), “CONDITIONAL USES AND STRUCTURES ALLOWED”, SECTION 4.4.28, “CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)”, SUBSECTION (D), “CONDITIONAL USES AND STRUCTURES ALLOWED, TO ADD ASSISTED LIVING FACILITIES TO THE LIST OF ALLOWED USES IN THE SAME MANNER AS MULTIPLE FAMILY RESIDENTIAL USES IN ORDER TO BRING CONSISTENCY BETWEEN THE LAND DEVELOPMENT REGULATIONS AND STATE AND FEDERAL LAWS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-11 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 to add assisted living facilities to the list of allowable uses in the same manner as multi-family residential uses are treated within the RM, GC, PC, CBD, CBD-RC zoning districts. Mr. Dorling stated recent amendments achieved most of this on April 15, 2008 (Ordinance 20-08) and on January 19, 2010 (Ordinance 01-10) to allow assisted living facilities to be accommodated similarly (with respect to the number of residents and units) to either single family, duplex, or multi-family uses in the zoning districts in which those uses were allowed. However, Mr. Dorling stated it was discovered that assisted living facilities were not accommodated under two situations and those were where special regulations allowed increased densities within certain overlay districts. Mr. Dorling stated this is a corrective ordinance that accommodates them under those two circumstances. He stated required findings were made under LDR Section 2.4.5(M)(5) and staff recommends approval. 20 01/03/12 At its meeting of November 21, 2011, the Planning and Zoning Board recommended approval with a 6 to 1 vote (Gerry Franciosa dissenting). At its meeting of December 13, 2011, the City Commission approved this item on first reading. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 47-11, the public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 47-11 on Second Reading/Second Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 48-11 (SECOND READING/SECOND PUBLIC HEARING): Consider a city-initiated amendment to Land Development Regulations (LDR) Section 4.3.3, “Special Requirements for Specific Uses”, by enacting a new Subsection 4.3.3 (AAAA), “Simulated Gambling Devices”, in order to prohibit use of same and to enact a new definition of, “Simulated Gambling Devices”. The caption of Ordinance No. 48-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”; BY ENACTING A NEW SUBSECTION 4.3.3(AAAA), “SIMULATED GAMBLING DEVICES”, IN ORDER TO PROHIBIT USE OF SAME AND AMENDING APPENDIX “A” TO ENACT A NEW DEFINITION OF “SIMULATED GAMBLING DEVICES”; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-11 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 cityinitiated amendment to the LDRs that will prohibit simulated gambling devices and their related places of business. He stated these are sometimes referred to as internet cafés, 21 01/03/12 sweepstake cafés, or cyber cafés. Mr. Dorling stated these are businesses that sell internet access or telephone calls that allow people to enter into sweepstakes on computers and these games pay out cash prizes. He stated this circumvents the current gambling laws because they are buying computer time and phone cards rather than technically paying to play a game to win money. Mr. Dorling stated these businesses have been popping up across the nation and more recently in Florida. He stated there are some negative aspects associated with that including increases in crime rates, financial hardships on low income customers, and some tied to lower property values. Mr. Dorling stated these are different from adult gaming facilities which are allowed in the City in certain zoning districts as a conditional use; however, they differ in that the sweepstakes winnings are significantly higher for this type of use rather than an adult gaming facility which is limited to .75 per game and does not allow any cash awards, gift certificates, gift cards, credit cards, or other cash substitutes. At its meeting of November 21, 2011, the Planning and Zoning Board considered this item and the Board recommended approval with a 7 to 0 vote. At its meeting of December 13, 2011, the City Commission considered this ordinance on first reading and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 48-11, the public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 48-11 on Second Reading/Second Public Hearing, 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. Carney – Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 45-11: Consider a city-initiated amendment to Land Development Regulations (LDR) Section 4.4.9, “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations”, Sub-subsection (3), “Four Corners Overlay District”, to correct outdated references. The caption of Ordinance No. 45-11 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 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, SUBSUBSECTION (3), “FOUR CORNERS OVERLAY DISTRICT”; TO CORRECT OUTDATED REFERENCES THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 22 01/03/12 (The official copy of Ordinance No. 45-11 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. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 45-11, the public hearing was closed. Paul Dorling, AICP, Director of Planning and Zoning, stated this is to correct outdated references concerning conditional uses that are allowed in the four corners overlay district on Military Trail and Atlantic Avenue. Mr. Dorling stated there have been some changes in the listing of the specific conditional uses by letter and the references in the four corners related to those individual letters which have changed and are being realigned. He stated the required findings under LDR Section 2.4.5(M)(5) are made in the staff report. At its meeting of November 21, 2011, the Planning and Zoning Board recommended approval with a 7 to 0 vote. At its meeting of December 13, 2011, the City Commission considered this ordinance on first reading and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 46-11, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 45-11 on Second and FINAL Reading, seconded by Mr. Carney. 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. 10.F. ORDINANCE NO. 46-11: Consider an Ordinance amending Chapter 113, "Alcoholic Beverages", Section 113.02, “Prohibition of Consumption or Possession of Open Containers of Alcoholic Beverages in Public Places”. The caption of Ordinance No. 46-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, “ALCOHOLIC BEVERAGES”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 113.02, “PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN 23 01/03/12 PUBLIC PLACES”, TO INCLUDE AN EXCEPTION FOR THE DELRAY BEACH ARTS GARAGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-11 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. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 46-11, the public hearing was closed. Dr. Alperin disclosed that the President of the Creative City Collaborative which runs the Arts Garage is Commissioner Carney and he is Vice-President. Mr. Frankel moved to adopt Ordinance No. 46-11 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. 11.A. City Manager’s response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Colleen Barbara, 1240 Seaspray Avenue, Delray Beach, FL 33483, asked if a moratorium has been placed on any of the pending applications for the sober homes and if so she would like to have it in writing so that she can bring it back to Philadelphia and they can go to sleep at night. Mayor McDuffie stated every effort that can possibly be expended on this issue right now is being expended. 11.B.2. Joann Stanley, Municipal Marketing Manager for Public Services, stated they are second largest waste and recycling company in the United States and they are committed to providing safe, sufficient, and cost effective services for residents and businesses. 24 01/03/12 Ms. Stanley encouraged the Commission to request proposals when considering what direction to take regarding the City’s Solid Waste collection services for the residents of Delray Beach. 11.B.3. 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 Beach and Member of the Alliance), stated 2½ years ago the three unrelated rule was passed and noted he has attended almost every City Commission Regular Meeting and City Commission Workshop Meeting and nothing was mentioned to correct the problem. Dr. Kirson stated for 2½ years while other cities were correcting the problem why were our Commissioners not correcting the problem. Dr. Kirson stated this City Commission does not have one member who at their last election was voted in by the residents of the City of Delray Beach; they all ran unopposed. 11.B.4. Al Jacquet, 236 S.E. 3rd Avenue, Delray Beach, FL 33483, stated he heard Mayor McDuffie state that he has reached out to the State Legislative Delegation on this transient home issue. Mr. Jacquet stated the Legislative Session starts January 10, 2012 and he works for State Representative Mack Bernard (former Delray Beach City Commissioner) and also noted that he is Mr. Bernard’s Legislative Aide. Mr. Jacquet stated if people are having issues with the transient homes do not hesitate to reach out to him. Mr. Jacquet stated he is a 22 year resident, a licensed attorney and works at the State House. 11.B.5. Pat Archer, P.O. Box 8301, Delray Beach, FL 33482, stated transient living facilities have caused major problems for the neighborhoods because they are operated as a business in a residential community. Mrs. Archer stated transient living facilities provide a substantial impact on the neighborhoods because of the following factors: (1) numerous cars parked in driveways, roadways, swales, with comings and goings at all hours of the day and night, (2) congregations of people usually in the front of the home smoking, drinking, and indulging in loud conversation far into the night, (3) many more than three (3) unrelated people/individuals are living together and some not very peacefully, and (4) belongings including furniture, TV’s, Wi-Fi equipment, personal paraphernalia either in boxes or just dumped at the curb happen all the time and in some cases several times a month. Mrs. Archer stated this is not a normal living situation and disrupts the normality and the characteristics of a neighborhood. She urged the Commission to take all the necessary steps they can to protect the integrity of the neighborhoods. At this point, the time being 8:58 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. AMENDMENT NO. 1 TO THE AGREEMENT/PLAYERS INTERNATIONAL MANAGEMENT, INC. (PIM): Consider approval of Amendment No. 1 to the Agreement with Players International Management, Inc. (PIM) to extend the term of the Agreement as well as modify when the events may be held. 25 01/03/12 Brian Shutt, City Attorney, stated this agreement provides that there will be a nine year term beginning October 1, 2012, and provides for one nine year additional term that the City can renew for if they so desire. He stated another change is to allow that the events may be held from April to October; however, if there is a major event that is scheduled for the same time period PIM would have to get the City’s consent. The City Attorney stated another change is that in order to use the City’s tennis facilities at the Delray Swim and Tennis Club that they would have to get the City’s consent. Mr. Carney stated he prefers a renewal process. This compels people to have their feet to the fire more. Mr. Frankel stated this is a good idea because years ago the City was criticized because there were not enough events at the tennis center. He stated since being invited to the junior tournaments which are held at least four times a year there are 200 players in addition to coaches coming to the city. Mr. Frankel stated he serves on the Palm Beach County Tourist Development Council who looks highly at what is going on with these USTA events as well as traveling for the tennis championships to London and seeing the national players and the level of respect Delray Beach has on a worldwide level. Mr. Frankel stated this is a special group that runs amazing events and supports this amendment. Mrs. Gray asked how long it has taken to develop the relationships in getting these tournaments here. Mr. Baron stated they have been bringing four USTA events to the City of Delray Beach. Mr. Baron stated six years they were able to get the sanction for the Boys and Girls 12 and under Spring National Championships. He stated that event has grown and is over 50 years old and brings with it over 200 players. Mr. Baron stated these events are during the summer and the hotels, businesses, etc. have grown from these events. Mr. Baron stated they are up to eight events they bring to the City and one of the events they brought in May was an international event that had kids from 30 countries around the world whose parents, coaches, and siblings came. Dr. Alperin asked what the benefit is to the City for extending these contracts. Mr. Baron stated they are televised so they go through the production costs, etc. Mr. Baron stated in the agreement they did an economic impact with the Sports Commission of Palm Beach County and it has been verified that over the last five years of this agreement over $8.8 million has been brought into the city on just three events. Dr. Alperin asked what the advantage is to the City of Delray Beach be extending the contract. Mr. Baron stated having these events here benefits the City economically. Mr. Carney reiterated that he has a problem with doubling the period without having the ability to terminate the agreement. Mr. Baron stated if the Commission wishes to do this for five years he is okay with that. The City Manager stated the proposed amendment is to make it 3 five year renewals and 1 three year renewal. He stated this still extends out 18 years but the Commission will get to review it every five years. 26 01/03/12 Dr. Alperin moved to approve Amendment No. 1 subject to amending the agreement to make it 3 five year renewals and 1 three year renewal, 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. 9.C. SPECIAL EVENT REQUEST/VIVA SOUTH FLORIDA: Consider approval and endorsement of a new event, Viva South Florida, produced by Pegasus Entertainment proposed to be held on the grounds of Old School Square and Old School Square Park from noon to 11:00 p.m. on September 14-15, 2012 and from noon to 8:00 p.m. on September 16, 2012; to grant a temporary use permit per LDR Section 2.4.6(F) for the use of City rights-of-way to include N.E. 1st Avenue from the north side of the Old School Square grounds to south of the garage entrance and Swinton Avenue from Atlantic Avenue to approximately the southernmost driveway entrance to the Crest Theatre; and to authorize staff support for traffic control and security, Fire/EMS services, site cleanup and trash removal, electrician assistance, barricading assistance, event signage, trash boxes, and use of a City generator; contingent upon the conditions of approval listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this is a new event called “VIVA South Florida” produced by Pegasus Entertainment proposed to be held on the grounds at Old School Square and in the Old School Square Park on September 14-15, 2012 from noon to 11:00 p.m. and September 16, 2012 from noon to 8:00 p.m. Mr. Barcinski stated the Commission is also requested to approve staff support for traffic control and security, Fire/EMS services, site cleanup and trash removal, electrician assistance, barricading assistance, event signage, trash boxes, use of a City generator and a temporary use permit per LDR Section 2.4.6(F) for the use of City rights-of-way to include NE 1st Avenue as well as Swinton Avenue. Mr. Barcinski stated the set up for this event is like the Garlic Festival. A letter, special event permit, site plan, budget and economic calculator was received from Mr. Carrillo, CEO Pegasus Entertainment. The proposed event is a Latin American Festival designed to be a kickoff event for Hispanic Heritage month. The West Palm Beach Hispanic Chamber of Commerce is supporting this event. The estimated overtime costs is $22,700, trash boxes $400 and signage $250 for a total cost of $23,350. The event producer will pay 100% of City costs. Staff recommends consideration of the event with the eleven (11) conditions listed on page two of the backup. Mr. Frankel moved to approve the Special Event Request for the “VIVA South Florida” event proposed for September 14-15 from noon to 11:00 p.m., and September 16, 2012, from noon to 8:00 p.m., subject to the eleven (11) conditions listed on page two in the memorandum, seconded by Mrs. Gray. 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. 27 01/03/12 Mr. Carrillo, CEO Pegasus Entertainment, introduced the Executive Director of the Hispanic Chamber of Palm Beach County and stated they were going to attempt to do this last year. Mr. Carrillo stated there was some consideration of the event regarding the economy last year and they did not feel it was suitable to do. Mr. Carrillo stated they are better prepared for it this year and they can be successful. At this point, a representative from the Hispanic Chamber of Palm Beach County came forward and thanked the City of Delray Beach for its support. 9.D. REQUEST FOR QUALIFICATIONS (RFQ) RESPONSES FOR ARCHITECTURAL CONSULTING SERVICES/CAPITAL IMPROVEMENT PROJECTS (CIP): Consider approval of the Architectural Consulting Services RFQ (RFQ# 2012-05) responses short list and authorization to negotiate contracts with each of the five (5) companies on the short list. Project #12-056. Richard Hasko, Director of Environmental Services, stated this is the last of a series of three major requests for qualifications for architects for the next 2-5 years. Mr. Hasko stated staff advertised and established an RFQ rating committee to review the respondents. Staff recommends approval of the rankings and negotiation of contracts to the five (5) top ranked architects: Currie Sowards Aguila Architects, Walters Zackria & Associates, Inc., David Miller and Associates, Slattery & Associates and Bridges Marsh and Associates. Mr. Hasko stated the final respondent rankings are based on a weighted total of all raters’ individual rankings and rankings based on totaling raw point scores are used solely for tie breaking. Mr. Hasko briefly explained the process and stated the difference of the weighted numbers is the multiplier is no longer in there. Mr. Frankel moved to approve the Request for Qualifications (RFQ) Responses for Architectural Consulting Services, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – No; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion was approved with a 4 to 1 vote, Dr. Alperin dissenting. 9.E. APPOINTMENT OF OUTSIDE COUNSEL TO ASSIST IN REVIEW OF ORDINANCES REGARDING TRANSIENT HOUSING: Consider a request to appoint outside counsel to assist the City Attorney’s Office in the drafting, review and defense of ordinances concerning transient residential use as well as reasonable accommodation procedures. The City Attorney stated this item is to approve outside counsel to assist the City Attorney’s office in the drafting, review and defense of ordinances concerning transient residential housing as well as reasonable accommodation procedures. The City Attorney stated there are two firms; one firm is on a national level and has contacts in Washington, D.C. and the other firm is a more local firm that has assisted the City in the past and is the same firm that the City of Boca Raton used as well. 28 01/03/12 Staff recommends the approval of the local firm of Weiss Serota to assist the City in possible litigation as well as giving the ordinances a local perspective and if the Commission wishes to go with a national firm they are listed in the memorandum with their rate structures. Mr. Frankel stated the City Attorney’s office has worked very hard with limited staff and limited attorneys. Mr. Frankel stated he would like to allow the City Attorney to contract with both of the firms. The City Attorney suggested going with Option #3. Mrs. Gray concurs with Commissioner Frankel that we need to put in place and exercise all our options even though this is going to be expensive. Mr. Carney concurs with the recommendation and stated this is very important that we balance everybody’s interests and rights. Dr. Alperin asked how the national firm was selected. The City Attorney stated the law firm of Patton Boggs was recommended to him by Commissioner Carney and staff researched on line as well. Dr. Alperin supports the Commission. Mayor McDuffie stated enforcing some of the restrictions that we have in these ordinances is labor intensive. He stated the City would have to dramatically increase the number of Code Enforcement officers in Delray. Mayor McDuffie stated the Commission is hoping that something that we get out of this finds a way for us to enforce it without so many people on the street going door-to-door investigating each one of these homes and checking identification to see who is related to whom which is a difficult process. Mayor McDuffie stated he supports using the local firm until the City needs the national firm. Mayor McDuffie stated this is a difficult balancing act of not taking people who are renting properties and behaving as the perfect landlord and for the City to go in and stop them from being able to make a living while trying to regulate someone who is unscrupulously debunking parents while providing no medical care or rehab. Mayor McDuffie stated he has sent many residents letters that he wrote to the State Delegation and the Governor and asked that the residents send these to Tallahassee. Dr. Alperin moved the appointment of outside counsel as presented with Option #3, seconded by Mr. Frankel. 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. 9.F. OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $9.5 million in Patricia Miley v. City of Delray Beach. Staff recommends denial. 29 01/03/12 The City Attorney stated the plaintiff has made a demand for $9.5 million and staff recommends denial. This case rises out of an accident involving a Delray Beach Police Officer in 2009. Mr. Frankel moved to deny the Offer of Settlement in the amount of $9.5 million in Patricia Miley v. City of Delray Beach, seconded by Dr. Alperin. 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 to DENY passed with a 5 to 0 vote. 9.G. APPOINTMENT OF OUTSIDE COUNSEL FOR PATRICIA MILEY v. CITY OF DELRAY BEACH: Consider approval to appoint Kent Pratt, Esq. as outside counsel in the case of Patricia Miley v. City of Delray Beach at the rate of $140.00 per hour. The City Attorney stated staff recommends the appointment of Kent Pratt, Esq. at the rate of $140.00 per hour to act as outside trial counsel in this case. Mr. Carney moved to appoint to appoint Kent Pratt, Esq. as outside counsel in the case of Patricia Miley v. City of Delray Beach, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.H. OFFER OF SETTLEMENT IN ANDREA WALLACE ET, AL. V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $40,000.00 in Andrea Wallace et, al. v. City of Delray Beach. Staff recommends denial. The City Attorney stated staff recommends denial of the Offer of Settlement in Andrea Wallace et, all. V. City of Delray Beach because they believe the damages are excessive. Mr. Carney moved to deny the Offer of Settlement in the amount of $40,000.00 in Andrea Wallace et al v. City of Delray Beach, seconded by Mrs. Gray. 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. 9.I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members to the Code Enforcement Board to serve three (3) year terms ending January 14, 2015. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat#4) and Mayor McDuffie (Seat #5). 30 01/03/12 Mr. Frankel moved to reappoint Kurt Lehmann as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2015, seconded by Mr. Carney. Upon roll call the Commission 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. Mrs. Gray moved to reappoint Stephanie Sugar as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 15, 2015, seconded by Mr. Frankel. 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. Mayor McDuffie stated he wished to reappoint David Boone as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 15, 2015. Mr. Frankel so moved, seconded by Dr. Alperin. 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. 9.J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney stated he would like to defer his appointment to the next regular meeting of January 17, 2012. 9.K. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2012 and one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Financial Review Board. Based upon the rotation system, the appointments will be made by 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 January 17, 2012. Mayor McDuffie stated he would to appoint Warren Trilling as an alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2013. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint one (1) At-Large-Representative to the Kids and Cops Committee to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Alperin (Seat #2). 31 01/03/12 Commissioner Alperin moved to appoint Jennifer Aracri as an At-Large-Representative to the Kids and Cops Committee to serve an unexpired term ending July 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. 9.M. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance Board to serve an unexpired term ending August 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Alperin (Seat #2). Dr. Alperin moved to appoint Alice Finst as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve an unexpired 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 McDuffie – Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 02-12: Consider an amendment to Chapter 96, “Fire Safety and Emergency Services”, by amending 96.16, “Certain Codes Adopted by Reference”, to comply with the State of Florida’s updated changes in the Fire Prevention Code Standards. If passed, a public hearing will be held on January 17, 2012. The caption of Ordinance No. 02-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES”, BY AMENDING 96.16, “CERTAIN CODES ADOPTED BY REFERENCE”, TO COMPLY WITH THE STATE OF FLORIDA’S UPDATED CHANGES IN THE FIRE PREVENTION CODE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 02-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. 32 01/03/12 Dr. Alperin moved to approve Ordinance No. 02-12 on FIRST Reading, seconded by Mr. Frankel. 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Dr. Alperin Dr. Alperin had no comments or inquiries on non-agenda items. 13.C.2. Mr. Carney Mr. Carney stated he attended First Night and it was great. He stated he went for breakfast the following morning after First Night and the streets were immaculate. Mr. Carney commended City maintenance and stated they did a wonderful job with the cleanup. 13.C.3. Mrs. Gray Mrs. Gray had no comments or inquiries on non-agenda items. 13.C.4. Mr. Frankel Mr. Frankel thanked Mr. Barcinski, City staff, and the rest of the Commission for coming to the Menorah lighting. Mr. Frankel stated there was about 300 people which was triple the attendance compared to last year. He publicly acknowledged Sharon Frankel for donating the Hanukkah candy. 13.C.5. Mayor McDuffie Mayor McDuffie stated he attended First Night with his family and had a great time. He stated there was a great crowd and he spoke to the police officers many times including right after he signed off on the midnight Fiat drop. Mayor McDuffie stated at that time the City had zero incidents downtown during First Night. 33 01/03/12 Mayor McDuffie stated he watched the police personally instruct people that they could not carry alcohol in the street and noted that the City has to somehow get that word out that it is okay if you stay in the restaurants and have alcohol but you cannot carry the alcoholic drink in the street. Secondly, Mayor McDuffie stated a gentleman bought the L-shaped piece at the intersection of Linton Boulevard and South Federal Highway trying to redo that as retail for $11 million. Mayor McDuffie stated people are backing out on him because of the overlay. Mayor McDuffie stated this gentleman is losing his clients with that overlay hanging over their heads they are not going to commit to somebody where in six months something may change where that use is not permitted. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:59 p.m. __________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 3, 2012, which Minutes were formally approved and adopted by the City Commission on ________________________. __________________________________ ________________ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. City Commission Meeting on January 3, 2012; Item 9.A. City Commission Meeting on January 3, 2012; Item 9.A. City Commission Meeting on January 3, 2012; Item 9.A. City Commission Meeting on January 3, 2012; Item 9.A. City Commission Meeting on January 3, 2012; Item 9.A. SPECIAL/WORKSHOP MEETING JANUARY 10, 2012 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, January 10, 2012. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Jay Alperin 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 Mayor Nelson S. McDuffie called the special/workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. ORDINANCE NO. 44-11 (FIRST READING): Consider an ordinance providing for revisions to the charter of the City of Delray Beach by amending Article III, “Legislative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms”; Section 3.08, “Vacancies; Filling of Vacancies”; and Section 3.09, “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term from a two year term to a three year term and clarifying the applicability of such change; providing for a referendum election to be held on March 13, 2012. If passed, a public hearing will be held on January 17, 2012. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, “LEGISLATIVE”, SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS”; SECTION 3.08, “VACANCIES; FILLING OF VACANCIES”; AND SECTION 3.09, “TERM LIMITS”; AMENDING ARTICLE V, “ELECTIONS”, SECTION 5.02, “TYPES OF ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM AND CLARIFYING THE APPLICABILITY OF SUCH CHANGE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 13, 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 2 January 10, 2012 (The official copy of Ordinance No. 44-11 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated based on comments from the Regular Meeting on January 3, 2012, staff modified the language in the ordinance regarding appointments. Mr. Carney thanked the City Attorney for the revised language. Dr. Alperin stated the language is fine now. Mayor McDuffie concurred that the language is much clearer than last time. Mr. Frankel stated he had a lengthy discussion with someone from the public regarding the ordinance and they discussed the pros and cons of the ordinance. He encouraged the public to contact the Commission regarding this. Mrs. Gray stated the three (3) year term allows the commission to build relationships with our legislators as well as staff. She asked that we make sure that the residents understand the ordinance. Dr. Alperin stated that reporters need to make sure the facts are reported; even in the headlines. He stated the Commission voted only to put the Ordinance to the voters. Mr. Carney stated this is a straightforward issue. He reiterated that the reasons that were articulated for doing this were to strengthen the Commission with local and state representation and with the staff. Mayor McDuffie asked the public to contact the Commission if they have questions. He spoke regarding relationships with state legislators and Washington. He stated there are many things locally that we cannot do by ourselves. He reiterated that relationship building takes a while. He discussed history and continuity as well as institutional knowledge. Mayor McDuffie read the ballot language. Mrs. Gray asked the City Attorney to explain the three (3) year terms and how this affects the city having an election. Discussed continued between the Commission. Dr. Alperin moved to approve Ordinance No. 44-11 on FIRST Reading, seconded by Mr. Frankel. 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. Mayor McDuffie adjourned the Special Meeting at 6:17 p.m. 3 January 10, 2012 WORKSHOP MEETING AGENDA 1. Art in Public Places Presentation Mrs. Linda Karch, Director of Parks and Recreation, introduced Ms. Elayna Toby Singer, Palm Beach County Arts in Public Places Administrator. Ms. Singer stated she is not here on behalf of Palm Beach County tonight. She is here due to her work with the city’s Public Art Advisory Board. She conducted a PowerPoint presentation regarding the city’s public art priorities outlined in the City’s and Community Redevelopment Agency’s master, strategic and cultural plans. She also discussed highlights of the city’s public arts ordinance. Dr. Alperin stated he has always been excited about public art. He mentioned lighting at Old School Square. Mr. Carney commented that the public art program is good here at the city. Mrs. Gray asked are their any upcoming projects for other areas in the city i.e. Military Trail. Mr. Frankel thanked Ms. Singer for the presentation and thanked the Public Art Advisory Board as well. He stated the city does a good job with its public art. In addition, he mentioned lighting. Mayor McDuffie stated we have wonderful artists in Delray Beach. He stated there is no sense of central control regarding coordination. He discussed lighting and asked what the relationship and expectations can be between the city and Palm Beach County. Ms. Singer stated she will present a full summary of key findings and recommendations in February to the Public Art Advisory Board and in March to the City Commission. 2. Discussion of Virtual Kiosks Mrs. Lula Butler, Director of Community Improvement, this is a presentation from the Delray Beach Marketing Cooperative (DBMC) in partnership Blueweb Mobile Media. She stated the concept of digital signs and interactive kiosks were presented to Commission at a workshop meeting in March 2011. She stated staff will come back to Commission to discuss how to amend our code to allow this if Commission so chooses. Ms. Sarah Martin, Executive Director of the DBMC, this is a part of their multifaceted Blueweb Mobile Media project. The virtual kiosk is the second phase of this project; the first is Wi-Fi. She stated this will act as a way finding system and a green alternative for marketing in Delray. It will address economic development as it provides a direct link to merchants and information on their websites. It can also act as an emergency platform for city messages regarding hurricanes or any other type of emergency. In addition, it can be interactive during events. It can be part of public art as well. The kiosk demonstration took place two weeks ago at the Delray Beach Public Library. Mr. Dan Kenny, Blueweb Mobile Media, showed a video of how the interactive kiosk works. Ms. Martin further explained the kiosk project. Mrs. Butler stated this can be done citywide and merchants will pay for advertising to be listed on the kiosk. However, there is a conflict with the sign code regarding off premise signs. 4 January 10, 2012 Mr. David T. Harden, City Manager, stated this program is new and exciting. It can be done assuming Commission would like to move forward as long as we work with our attorneys closely to be sure we are not creating unintended consequences in terms of opening things up regarding window signs, etc. Dr. Alperin stated he is excited about this concept; it a great idea. He stated this concept was discussed when he was on the Old School Square Board for Old School Square events and the surrounding area. He stated there has to be a way to word this. He discussed possible working and asked will these be free standing kiosks. Mr. Kenny stated the kiosks will be mounted to the inside of a window and the window becomes the touch screen. Mr. Carney discussed advertising and stated he is concerned with authorizing a program that might exclude people who cannot pay for advertising-how do we protect the smaller businesses. Mr. Kenny stated advertising will be $75.00 per month. Mrs. Gray asked what locations have been identified for the virtual kiosks and how many kiosks will be going in. Ms. Martin stated the following locations have been identified but they have not received approval yet: Seagate Hotel, Hands, the 110 Building, Library and Pineapple Grove. In addition, Mrs. Gray asked about the contract and maintenance. Mr. Frankel stated he likes the fact that there will be a listing of everyone included. He stated our ordinances need to be very strict about this. He feels there are too many signs in Delray Beach. Mr. Kenny stated this is all web based regarding updated information. Dr. Alperin asked if this can be accessed through a webpage. Mr. Kenny stated “Google Chrome” would have to be used. The Mayor suggested a link to the DBMC webpage. Ms. Martin stated this is a single platform project. The information will be the same on each kiosk; and this is a locked internet. Mr. Brian Shutt, City Attorney, stated as far as what we can do on the code; it will not be specific only to Blueweb Mobile Media but will be applicable and open to others as well. Regarding the code, this could be deemed off premise advertising and reiterated what may or may not be done. Discussion continued regarding the code and Mr. Harden asked Commission to allowed staff to work on this. Commission thanked Ms. Martin and Mr. Kenny for the presentation. Mayor McDuffie adjourned the Workshop Meeting at 8:02 p.m. ________________________________ City Clerk ATTEST: MAYOR 5 January 10, 2012 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, January 10, 2012, which Minutes were formally approved and adopted by the City Commission on January 17, 2012. ________________________________ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. WHEREAS, in 1973 Susan Berkowitz-Schwartz MPS, ATR-BC, established All People's Day®, as a multicultural program that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect; and WHEREAS, the theme of All People's Day® is "Discovering Our Connections" because throughout the world, and even in our own nation and schools, there have been tragic incidents involving people who are different; and WHEREAS, All People's Day® gives people, of all ages and walks of life, fun and creative ways to explore positive connections through educational programs that teach about diversity through the arts and festivals which showcase diverse entertainment, goods and foods from many countries for sale, as well as booths which feature craft making, interactive games, and workshops that connect us through the visual, dramatic, and language arts; and WHEREAS, it is projected that by the year 2050 European Americans will no longer constitute the majority of the United States population, and people from different cultures will be interacting with one another more often than ever before; and WHEREAS, the facets to a communal nature of the community are: awareness, understanding, and acceptance. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim March 22, 2012 as: ALL PEOPLE'S DAY® in the City of Delray Beach and urge all residents to appreciate the universal qualities at our core and the differences that help make us individuals. The All People’s Day Diversity Festival will be celebrated on March 31, 2012 at S.D. Spady Elementary School. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of January, 2012. ___________________________ NELSON S. McDUFFIE MAYOR WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the richness of our dynamic, multicultural society. They embody our Nation’s core values, including devotion to family, commitment to hard work and pride in their heritage, and have added to every aspect of our national life; and WHEREAS, we must bear witness to the progress, richness, and diversity of African American achievement; and WHEREAS, the preservation and conservation of African American heritage and culture are important to our history; and WHEREAS, an observance of African American achievement has been recognized since 1926; and WHEREAS, it is important that we share this celebration of the human spirit as demonstrated by the traditions and legacies of our African American citizens. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of February, 2012 as BLACK HISTORY MONTH and encourage all of our residents to join in this recognition of the accomplishments and contributions made to our community and country by African Americans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of January, 2012. ____________________________ NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: David T. Harden, City Manager DATE: December 21, 2011 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 RESOLUTION NO. 04-12 MICHAEL KOSICK ITEM BEFORE COMMISSION Resolution No. 04-12 honoring Michael Kosick for 30 years of service. BACKGROUND In accordance with the City’s Service Awards policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Michael Kosick, Police Officer achieved this milestone on January 11, 2012. RESOLUTION NO. 04-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MICHAEL L. KOSICK FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Officer Michael Kosick was hired by the City of Delray Beach as a Police Officer on January 11, 1982 and on January 11, 2012 reached a milestone in his career, having achieved thirty years of full-time service with the City; and WHEREAS, Officer Michael Kosick has served this community with honor and distinction as a Police Officer, and Police Officer First Class; and WHEREAS, Officer Michael Kosick has had a steadfast career with the Delray Beach Police Department that included unprecedented, uninterrupted service as a Road Patrol Officer; and WHEREAS, Officer Michael Kosick has established himself as a loyal, trusted and committed officer and friend to both the Delray Beach Police Department and the citizens that he served; and WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored to have had Officer Michael Kosick as a valued member of the municipal team over the past thirty years and he will be missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Michael Kosick for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Michael Kosick for his many years of service, and wishes him the best of health and happiness in his retirement. PASSED AND ADOPTED in regular session on this the 17th day of January 2012. ___________________________________ MAYOR ATTEST: ______________________________ ____ CITY CLERK RETIREMENT AWARD Presented to Michael L. Kosick As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Police Department January 11, 1982 – January 16, 2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden; City Manager DATE: January 3, 2012 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 CONSENT OF ASSIGNMENT/CH2M HILL, INC. TO CH2M HILL ENGINEERS, INC. ITEM BEFORE COMMISSION Request approval of the Consent to Assignment of the professional services agreement, dated April 28, 2004, from CH2M HILL, Inc. to CH2M HILL Engineers, Inc. BACKGROUND CH2M HILL, Inc. has restructured their organization. The reorganization has created a sub-entity dedicated to commercial type contracts, which include contracts with the City of Delray Beach. Therefore, CH2M HILL, Inc. has requested that the City consent to the assignment of the professional services agreement, dated April 28, 2004, to CH2M HILL Engineers, Inc. CH2M HILL Engineers, Inc. will be bound by the existing terms and conditions of the original agreement. RECOMMENDATION Staff recommends approval of the consent to assignment of the professional services agreement with CH2M HILL, Inc. to CH2M HILL Engineers, Inc. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated April 28, 2004 and originally between the City of Delray Beach and CH2M HILL, Inc., does hereby give consent to the assignment of the above-stated Agreement from CH2M HILL, Inc. to CH2M HILL Engineers, Inc. which shall assume all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of _____________________. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: ____________________________ City Clerk By: _______________________________ Mayor Approved as to legal form and Sufficiency: By:____________________________ City Attorney CH2M HILL, Inc. CH2M HILL Engineers, Inc. Date:_____________________ Date:_____________________ By:________________________________ Vice President By:________________________________ Vice President ___________________________________ Witness ___________________________________ Witness ___________________________________ Witness ___________________________________ Witness STATE of FLORIDA COUNTY of ______________ STATE of FLORIDA COUNTY of _______________ The following instrument was acknowledged before me this day of __________________by _____________________ _____as Vice President, of CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced _________________ (type of identification) as identification. The following instrument was acknowledged before me this day of ____________________by _________________________ as Vice President of CH2M HILL Engineers, Inc., a Delaware corporation, on behalf of the corporation. He/she is personally known to me or has produced _________________ (type of identification) as identification. _______________________________ Signature of Person Taking Acknowledgement _______________________________ Signature of Person Taking Acknowledgement _______________________________ Name Typed, Printed or Stamped __________________ _____________ Name Typed, Printed or Stamped MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 10, 2012 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 INTERLOCAL AGREEMENT/CRA/SHUTTLE OPERATING AND CAPITAL COSTS FUNDING ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for the Mayor to sign an inter-local agreement with the CRA which provides funding for continued shuttle operational and capital costs. Amount of agreement is $300,000 per year for this fiscal year and the next. BACKGROUND In recent months the City applied for and received a $300,000 grant from the Florida Department of Transportation (FDOT). The grant is for continuing the free shuttle service in Delray Beach. A $300,000 local match is required. The CRA has agreed to provide the $300,000 required match. The attached inter-local agreement with the CRA is for two fiscal years, FY 12 and 13 and will provide the required match for this grant. The CRA approved the interlocal agreement at their January 12, 2012 meeting. The total amount of $600,000 for the current fiscal year will be spent in the following manner: l $400,000 for operational expenses l $200,000 for capital expenses (purchase of trolley like vehicles) RECOMMENDATION Staff recommends approval. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR SHUTTLE BUS SERVICE THIS AGREEMENT is made this _________day of _____, 2012 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as “CITY”), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the “CRA”). W I T N E S S E T H : WHEREAS, the CITY has entered into a contract for shuttle bus service to be provided in the downtown area of the CITY; and WHEREAS, the CRA recognizes the importance of an in-town shuttle system to serve Tri-Rail, the downtown and the beach, and has included in the CRA Plan the “Downtown Transit System” as a program that will receive funding from the CRA; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall, upon the execution of this Agreement, pay to the CITY the amount of $300,000.00 to be utilized as matching funds for the grant. The CRA shall pay this same amount no later than December 31, 2012 subject to the CRA approving the funds in its FY 2012-13 budget, and provided that the CITY continues to provide the shuttle bus service. The CRA’s funds over the two years that this agreement is in effect shall at a minimum provide the following match for the FDOT grant funding: a. $200,000 for operating expenses b. $100,000 for capital expenditures 2 4. The term of this Agreement shall be retroactive from October 1, 2011 to September 30, 2013. 5. The CITY shall require the contractor that provides shuttle bus services, pursuant to an agreement with the CITY, in which the CITY uses funds the CRA provides pursuant to this Agreement, to provide a certificate of insurance evidencing the insurance coverages required by the CITY in the agreement with the contractor. The certificate of insurance shall specifically name the CRA as an additional insured under the insurance policies required pursuant to the contractor's agreement. A copy of the certificate of insurance shall be provided to the CRA. Nothing herein shall constitute a waiver of the CITY's or CRA's sovereign immunity, or consent to the imposition of any liability in excess of the statutory limitations as provided in Section 768.28, Florida Statutes. 6. The CITY shall submit quarterly shuttle ridership reports to the CRA on or before the thirtieth (30th) day of the following months: January, April, July, October. The reports shall include ridership data for all routes. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 3 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA ________________________ By: _______________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to Form: ________________________ City Attorney ATTEST: COMMUNITY REDEVELOPMENT AGENCY __________________________ By:_____________________________________ Howard Lewis, Chair Print Name: ________________ (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ____________, 2012, by ___________________________, as ____________________ (name of officer or agent, title of officer or agent), of _____________________________ (name of corporation acknowledging), a _____________ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced _____________________________ (type of identification) as identification. ____________________________________ Notary Public – State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 10, 2012 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 JPA/FDOT/DOWNTOWN ROUNDABOUT SHUTTLE ITEM BEFORE COMMISSION Request approval/authorizatio n for Mayor to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for 50% reimbursement of operational and capital costs associated with Delray's free shuttle service. Total project cost is estimated at $600,000. Project #12-064. BACKGROUND The City was awarded a 50% matching grant from the FDOT. This grant will fund both operational and capital costs for the free Delray Beach shuttle for one year. Total cost of the JPA is $600,000, with $400,000 earmarked for operational expenses and $200,000 earmarked for capital expenses. Operational expenses will include items like drivers and vehicle maintenance. The capital expenses will be to purchase trolley type vehicles. The Community Redevelopment Agency has committed $300,000 to fund the required match of this grant. RECOMMENDATION Staff recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 10, 2012 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 CHANGE ORDER NO. 1/RANDOLPH & DEWDNEY CONSTRUCTION, INC./POMPEY CONCESSION STAND P/N 10-128 ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 1 for a contract time extension of twenty (20) days to Randolph & Dewdney Construction, Inc.; and approval for the amount of $19,426.50, for the reconstruction of the 2nd floor concession stand building, to be paid out of the Contract's Contingency Allowance; for the Pompey Concession Stand Project #10-128. BACKGROUND Change Order No. 1 is for a contract time extension of twenty (20) days required to perform additional scope for the reconstruction of the 2nd floor of the concession stand building. The existing wood structure, damaged by water over an extended period of time, was deemed unsalvageable by the structural engineer. The additional work will cost $19,426.50 and will be paid from the Contract's Contingency Allowance. Prior expenditures from this general allowance total $5,033.50, and were approved by the City Manager in accordance with city purchasing procedures. Attached is a copy of the Construction Project Detailed Allowances Spreadsheet. Also attached is Exhibit “A”; which details all costs associated with this work. FUNDING SOURCE Cost to be funded out of Contract's Contingency Allowance. RECOMMENDATION Staff recommends approval of Change Order No. 1 for a contract time extension of twenty (20) days to Randolph & Dewdney Construction, Inc.; and approval for the amount of $19,426.50, for the reconstruction of the 2nd floor concession stand building, to be paid out of the Contract's Contingency Allowance; for the Pompey Concession Stand Project. MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: January 12, 2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 EXTENDING FMLA BENEFITS TO DOMESTIC PARTNERS ITEM BEFORE COMMISSION A request has been received from the Palm Beach County Human Relations Council that the City amend its Family Medical Leave Act (FMLA) Administrative Policy to extend FMLA benefits so that employees in a registered domestic partnership could care for their domestic partners in the same manner as married employees can take FMLA leave to care for their spouses. BACKGROUND In the summer of 2006, the Palm Beach County Human Relations Council requested that the City amend its policies to give employees in a registered domestic partnership the same employee benefits as those given spouses of married employees. By majority consensus at a work session the Commission directed that the City's Administrative Policies be changed as requested, except that FMLA leave benefits were not made available for domestic partners, largely because at that time Palm Beach County had not made FMLA leave available for domestic partners. Lat year Palm Beach County amended their policies to extend the FMLA leave benefit to domestic partners, and the Palm Beach County Human Relations Council has requested that we do the same. The City Commission does not normally act on Administrative Policies. This particular change is being put before you because the current policy was established pursuant to Commission direction. The City currently has 10 employees who are in a registered domestic partnership. There will be some cost in making this change, although it is difficult to quantify. When someone takes FMLA leave, it sometimes requires us to bring someone else in on overtime to take their place. This is almost always true for the Police and Fire Departments because of their minimum manning levels. If the Commission approves the Consent Agenda with this item on it, our FMLA Administrative Policy will be amended to read as shown in the attachment. RECOMMENDATION Commission discretion. EB-16.4 QUALIFYING EVENT A. To qualify as FMLA leave under this plan, the employee’s request for leave must meet one of the following criteria listed below: 1. Birth of a child or care for child; 2. The placement of child for adoption or foster care and to care for the newly placed child; 3. To care for a spouse, child, parent or domestic partner (as registered with Palm Beach County) with a serious health condition; or 4. The serious health condition of the employee. 5. A spouse, child, parent, next of kin or domestic partner (as registered with Palm Beach County) who has been called to or is on active duty in the armed forces. 6. A spouse, child, parent, next of kin or domestic partner (as registered with Palm Beach County) in the armed forces who is recovering from a serious illness or injury sustained in the line of duty on active duty. (Employee is entitled to 26 weeks of leave to care for a service member’s serious injury or illness). B. Any qualifying exigency arising out of the fact that an employee who is the spouse, child, parent or domestic partner (as registered with Palm Beach County) of a covered service member on active duty or called to active duty status in support of a contingency operation, the employee is entitled to 12 weeks of leave in a single 12 month period. (New language is underlined.) MEMORANDUM TO: Mayor and City Commissioners FROM: David Harden, City Manager THROUGH: Lula Butler, Director, Community Improvement DATE: January 10, 2012 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 REVISED WORKFORCE HOUSING CONVENANT/FLORANDA MHP, LLC AND NEW CENTURY EXECUTIVE QUATERS, LLC ITEM BEFORE COMMISSION City Commission consideration of a revised Workforce Housing Covenant between the City of Delray Beach and Floranda MHP, LLC and New Century Executive Quarters, LLC, pursuant to the requirements under Section 4.7 of the Land Development Regulations (LDR's). BACKGROUND The lending institution for the Franklin project has requested that the City make the following changes to the Workforce Housing Covenant: (1) Under Recitals, C, that rental rates do not exceed a certain percentage of the rent limits for the area as published by the Florida Housing Finance Corporation. (2) Under II Rental Units, 2.3 -requires that all moderate-income households shall comply with the underwriting criteria established by the developer for all tenants. RECOMMENDATION Staff is recommending City Commission approval of the revised Workforce Housing Covenant as proposed between the City and Floranda MHP, LLC and New Century Executive Quarters, LLC. 1 Prepared by and Return to: Brian Shutt, Esq., City Attorney City of Delray Beach, Florida 200 NW 1st Avenue Delray Beach, FL 33444 WORKFORCE HOUSING COVENANT THIS WORKFORCE HOUSING COVENANT (the “Covenant”) is entered into as of the ____ day of _______, 2012, by the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (referred to herein as “City”), and FLORANDA MHP, LLC, a Florida Limited Liability Company, and NEW CENTURY EXECUTIVE QUARTERS, LLC, a Florida Limited Liability Company (referred to herein as “Developer”, which term shall include any successor to Developer as owner of the entire Development). RECITALS A. City has implemented affordable housing requirements as set forth in Article 4.7 of the Delray Beach Land Development Regulations (“Regulations”) by establishing a Family/Work Force Housing Program (hereinafter referred to as the “Affordable Housing Program” for the City of Delray Beach. Article 4.7 of the Regulations grants to Developer certain density bonus Units (additional market rate Units) beyond the base number allowed per existing City Zoning Ordinance after performance standards have been met. B. Developer was required to be part of the Affordable Housing Program with respect to that certain real property which is owned by the Developer and is located in the PC zoning District in Delray Beach, Florida, and more particularly described in Exhibit “A” which is attached hereto and incorporated by reference herein (“Real Property”). Developer has agreed to provide affordable rental housing Units within the residential development project (“Development”) to be constructed on the Real Property. C. Pursuant to the City’s Affordable Housing Program, LDR Section 4.4.12(G)(5), residential development in the Silver Terrace Courtyards Overlay in the PC zoning district must include a minimum of 20% workforce units consisting of moderate income households at rental rates which do not exceed a certain percentage of the Florida Housing Finance Corporation rent limits for the area. D. Pursuant to Article 4.7 of the Regulations, the Developer has agreed to enter into this Covenant to evidence of record the affordable housing covenant against the Real Property. 2 E. This Covenant shall apply and be enforceable against Developer and all current and future Owners, as applicable, during the term of this Covenant and shall restrict the sale, resale, rental and use of the applicable housing as provided herein. NOW, THEREFORE, City and Developer hereby agree as follows: I. DEFINITIONS The following terms not otherwise defined herein shall have the meanings set forth below for purposes of this Covenant, and if a term is defined in the Regulations, the Regulations shall control: 1.1. Adjusted Median Income (A.M.I.) – The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 1.2. Affordability Controls – Restrictions placed on dwelling Units by which the rent of such Units and/or the income of the purchaser or lessee will be restricted in order to ensure that the Units remain affordable to moderate income households. 1.3. City – The City of Delray Beach, Florida. 1.4. CRA – The Delray Beach Community Redevelopment Agency 1.5. Development – The housing development at the Real Property for which approvals of density bonus Units have been granted by the City to the Developer. 1.6. Eligible Occupant – A household who is income eligible to rent a Workforce Housing Unit. Priority will be given to persons who have lived or worked within the City limits of Delray Beach, Florida, continually for one year immediately prior to the date of application for a Workforce Housing Unit in the Development and who are income eligible. 1.7. Exempt Transfer – A Transfer of all of the Development, as opposed to a Transfer of one or more individual Units that are separate from a Transfer of the entire Development. 1.8. First Time Home Buyer – A person who has not held ownership in a residence within the past three years. 1.9. HUD means the United States Department of Housing and Urban Development. 1.10. Household – A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. 3 1.11. Moderate Income Household – A household with a gross, combined income between 81% and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Corporation) as published more specifically in the “Income Limits Florida Housing Finance Corporation CWHIP Homeownerhip Program” table for West Palm Beach – Boca Raton HMFA (Palm Beach) area. 1.12. Purchase Price or Sales Price shall mean all consideration paid for the Transfer of a Unit either at or outside of closing, but shall not include any proration amounts, taxes, costs and expenses of obtaining financing, the fair market value of furnishings or personal property, lender fees, title insurance fees, closing costs, inspection fees, or other normal and customary costs related to the purchase of property but not paid directly to the seller. 1.13. Transfer means any sale, assignment or transfer, voluntary or involuntary, or by operation of law (whether by deed, contract of sale, gift, devise, bequest, trustee’s sale, deed in lieu of foreclosure, or otherwise) of any interest in a Unit, including but not limited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life estate, a leasehold interest (except for an Affordable Housing Unit lease as permitted by this Covenant), or any interest evidenced by a land contract by which possession of such Unit is transferred while the existing Unit Owner retains title. 1.14. Unit means a single family, condominium, townhouse, or apartment residence located in the Development. 1.15. Unit Owner means the record title owner at any time of a Unit 1.16. Workforce Housing Unit or Workforce Unit – A dwelling unit for which the rent or mortgage payment (including principal, interest, taxes and Insurance (“P.I.T.I.”)) does not exceed 35% of the gross income of households that classify as Moderate Income Households and meets the other requirements of the Affordable Housing Program. II. RENTAL OF UNITS 2.1. The Development shall be subject to this Covenant, and each lessee shall be an Eligible Occupant, except as provided in Section 2.5 below. 2.2. In no event shall any Unit in the Development be used for transient, interval or timeshare rental or ownership. 2.3. At all times, at least twenty (20%) percent of all Units in the Development must be Workforce Housing Units that are available to Moderate Income Households. However, the Developer shall be under no obligation to rent a Unit to any particular Moderate Income Household and may use its standard underwriting criteria to qualify all Moderate Income Households. 4 2.3.1. Workforce Housing Units targeted to Moderate Income Households at 81% to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed 140% rent limit for the area (as defined by the Florida Housing Finance Corporation) as published more specifically in “Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)” table for West Palm Beach – Boca Raton HMFA (Palm Beach) area 2.3.2. No Workforce Housing Units shall be offered for rent to the general public until all requirements of this Covenant are met. 2.3.3. No efficiency or studio type Workforce Housing Units are allowed. 2.4. The Developer shall provide Workforce Housing Units that include Unit types in the same proportion as the market rate housing unit types. The following conditions must be met: 2.4.1. The proportion of one (1) bedroom Workforce Units to total Workforce Units may not exceed the proportion of one (1) bedroom market rate Units to total market rate Units. 2.4.2. The proportion of two (2) bedroom Workforce Units to Total Workforce Units may not exceed the proportion of two (2) bedroom market rate Units to total market rate Units. 2.4.3. The proportion of three (3) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of three (3) bedroom market rate Units to total market rate Units, unless four plus (4+) bedroom Workforce Units are provided. 2.4.4. The proportion of four plus (4+) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of four plus 4+ bedroom market rate Units to total market rate Units. 2.4.5. If the Development contains a mix of different types of Units, (e.g. condominium, townhouse, detached, etc), the proportion of Workforce Units of each type to total Workforce Units must be approximately the same as the proportion of market rate Units of each type to total market rate Units. 2.4.6. If the development includes both for sale and for rent Units, the proportion of for rent Workforce Units to for sale Workforce Units must not exceed the proportion of for rent market rate Units to for sale market rate Units; provided however if the Workforce Housing Units are funded under Florida Housing Finance Corporation’s Housing Credit or SAIL Programs, the proportionality requirement herein stated shall not apply if the Development provides at least twenty percent (20%) of the “for sale” Units as Workforce Housing Units. 5 2.4.7. The total number of Units in the Project, including both Workforce Units and market rate Units, are based on the certified site plan for the Project. 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the event that, notwithstanding the marketing efforts, Workforce Housing Unit(s) offered for rental remain vacant for 45 days or more due to a lack of Eligible Occupants, the Workforce Unit(s) may be rented to other non eligible occupants, provided that the rental rate is the same as it would have been if the occupant had been deemed to be an Eligible Occupant under the City’s workforce housing ordinance. In such event, the Unit will still be considered a Workforce Housing Unit for the purposes of this ordinance for the duration of the rental term provided, however, in no event shall there be less than 15 percent of the Units occupied or available for occupancy at any time by Eligible Workforce Housing Occupants. Notwithstanding the above, in the event that despite good faith marketing efforts occupancy of 15 percent of the units by Eligible Workforce Housing Occupants cannot be achieved, City and Developer shall, within 30 days of a request by Developer, negotiate in good faith to agree upon an alternative commercially reasonable percentage and this Covenant shall be amended accordingly. III. FUTURE SALE OF WORKFORCE HOUSING UNITS 3.1. Should Units be offered for sale in the future in accordance with Florida Condominium Law, only deeds of those units to be sold as Workforce Housing Units shall include reference to this Covenant. All sales contracts shall state that the Workforce Housing Unit is part of the Affordable Housing Program and subject to these Covenants. All deeds to Unit Owners of Workforce Housing Units (except for a deed for an Exempt Transfer) shall provide that the Delray Beach Community Land Trust, Inc., a Florida not for profit corporation (“DBCLT”) shall have the right of first refusal to purchase the Workforce Housing Unit on the same terms and conditions as a prospective buyer. Developer and/or the Workforce Housing Unit Owner shall notify the DBCLT and the City in writing within five (5) days after the Developer’s or Workforce Housing Unit Owner’s acceptance of a contract for sale and purchase (except for an Exempt Transfer) and shall include in the notice a true and correct copy of the contract. The DBCLT Trust shall have ten (10) business days after receipt of the written notice and contract to exercise its right to purchase the Unit on the same terms as stated in the contract, except as stated herein. The DBCLT shall deliver written notice of its exercise to purchase the Workforce Housing Unit to the Developer/Workforce Housing Unit Owner within ten (10) days after the receipt by the DBCLT of the Developer’s/Unit Owner’s written notice. The DBCLT shall close the transaction within thirty (30) business days after its election to exercise its right of first refusal. In the event the DBCLT is not then in existence or no longer qualifies to act as a Sub-Recipient for the City, then the City, its successors and assigns may exercise the right of first refusal. 3.2. All purchasers of Workforce Housing Units (except a purchaser pursuant to an Exempt Transfer) shall be moderate income households and must be First Time Home Buyers. 6 3.3. Owners of Workforce Housing Units (other than the Developer) shall be required to occupy the Unit. If, during ownership, the Owner is unable to continuously occupy the Unit due to illness or incapacity, based upon evidence and application made to the City, City may in its discretion, excuse compliance with this requirement. 3.4. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of closing. No charges or fees shall be imposed by the seller on the purchaser of a Workforce Housing Unit which are in addition to or more than charges imposed upon purchasers of market rate Units, except for administrative fees charged by the City/CRA, or their designee. 3.4.1. The maximum Sales Price of a Workforce Housing Unit (except for an Exempt Transfer) shall be established by the City Community Improvement Department based on a formula that considers the prevailing Institutional Lender mortgage interest rates, as approved by the City Commission by resolution. 3.5. Except for an Exempt Transfer, no Workforce Housing Units shall be offered for sale to the general public until all requirements of this Covenant are met. Each purchaser shall be an Eligible Occupant. 3.6. Except as expressly permitted by this Covenant, no Workforce Housing Unit may be transferred. 3.7. At all times, at least twenty percent (20%) of all Units in the Development must be Workforce Housing Units that are available to moderate income families. 3.8. Not less than ten (10) calendar days prior to the closing on any Workforce Housing sale or resale (except for an Exempt Transfer), the City shall be notified of the Workforce Housing sale or resale, and the City shall be provided with a true and correct copy of the proposed contract. Developer or Workforce Housing Unit Owner, respectively, shall deliver written notice of the intent to sell to the City, and shall provide to the City all information which is necessary for the City to determine that the proposed sale complies with the terms, restrictions, and conditions contained in this Covenant. The information shall be provided to the City on City approved forms which shall be executed under oath by the proposed transferor or transferee, as applicable. The City shall have ten (10) business days after the receipt of the written notice to determine and notify the Developer and/or Workforce Housing Unit Owner whether the proposed transfer is in compliance with the terms, conditions, and restrictions contained in this Covenant. If not, the proposed transfer shall not be made. If the City does not deliver written notice to Developer and/or Workforce Housing Unit Owner with said 10-day period that the proposed contract is not in compliance, such contract shall be deemed approved by the City. City shall have the right to waive the notice requirements at its sole discretion as circumstances may warrant to facilitate sale of Workforce Housing Units. Each contract for sale and purchase of a Workforce Housing Unit (except for a deed for an Exempt Transfer) shall contain a clause which subjects the proposed transfer to the prior review of the City. 7 IV. ADDITIONAL RESTRICTIONS 4.1. All Workforce Housing Units constructed or rehabilitated in the Project shall be situated within the Real Property so as not to be in less desirable locations than market-rate Units in the Development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate Units. 4.2. Workforce Housing Units shall be integrated with the rest of the Development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate Units and provide them as standard features. All Workforce Housing Units shall contain comparable square footage to the corresponding market-rate Unit. 4.3. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate Units. 4.4. There shall be no lot premiums charged on the Workforce Housing Units 4.5. Resale and Subsequent Rentals of Workforce Housing Units. To maintain the availability of Workforce Housing Units which are constructed in the Development, the following resale and/or rental conditions are imposed on the Workforce Housing Units and the same shall also be included in the deed: a. All Workforce Housing Units shall remain affordable for a period of no less and no more than forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. b. Except for an Exempt Transfer, all Workforce Housing Units must be rented or sold to eligible Households and Eligible Occupants except as otherwise provided in Section 2.5. c. If the Units in the Development are part of a condominium, cooperative, homeowners association or similar community, these Covenants shall be incorporated into the governing documents of such community and the governing documents shall be approved by the City Attorney. The governing documents may not be amended without the City’s consent. d. Workforce Housing Unit resales shall be limited to Households of the same category relative to income. 8 e. The Sales Price of Workforce Housing Units may not exceed the upper limit of affordability for the income category to which the Unit was originally assigned. f. Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this Covenant: i. Transfers by inheritance to the purchaser-owner's surviving spouse, qualified domestic partner, or lineal descendants, or; ii. Transfers of title to a spouse as part of a divorce decree, or to a qualified domestic partner as part of a court approved property settlement agreement; or iii. Acquisition of title or interest therein by an existing Owner’s spouse if it is in conjunction with marriage of the Owner and his spouse, or by an existing Owner’s qualified domestic partner; or iv. Exempt Transfers. 4.6. No resales of Workforce Housing Units are permitted until the requirements of this Covenant are met. 4.7. No Workforce Housing Unit may be sublet or assigned to a tenant(s) or purchaser(s) whose income exceeds the percent of AMI under which the Unit was originally approved, except as otherwise provided in Section 2.5. 4.8. Household income is determined by the cumulative income of all tenants or purchasers under one (1) roof. 4.9. The maximum permitted resale price of Workforce Housing Unit may not exceed the initial Sales Price of the Workforce Housing Unit, subject to an increase at the same rate as the Palm Beach County median income has increased from the initial date of purchase. 4.10. Nothing contained in this Covenant shall require a Workforce Household to vacate a rental Workforce Housing Unit or to sell a Workforce Housing Unit if the tenant(s) or purchaser(s) income respectively, later exceeds AMI, provided such Household initially qualified as Eligible Occupants for such lease or purchase. 4.11. The forms of the lease, contract for sale (except for an Exempt Transfer), and deed for the rental and sale of a Workforce Housing Unit, respectively, shall be 9 approved in advance for compliance with this Covenant by the City Attorney, which approval shall not be unreasonably withheld. 4.12. To ensure the Developer’s compliance with the Affordability Controls and restrictions contained in this Covenant, not later than the tenth (10th) day of each calendar month for every month during the term of this Covenant, Developer shall deliver a written report (“Report”) to the City containing such information and documents as the City may require to verify that the Developer is in compliance with this Covenant. The Report shall be current as of the first day of the month in which the Report is delivered to the City. The form of the Report shall be approved by the City Attorney. At minimum, the Report shall contain the following information and documents with respect to each Workforce Housing Unit: 4.12.1. With respect to Workforce Housing Unit leases: a. Name and address of each Unit Eligible Occupant and member of the Household. b. Date lease term commenced. c. Date lease term terminates. d. Amount of monthly rent due under the lease. e. Qualifying Household income. f. Unit address. g. Number of bedrooms and baths in each Unit. h. Household size. i. Whether Unit is occupied or vacant. j. Total number of Workforce Housing Units presently leased. 4.12.2. With respect to Workforce Housing Unit sales: a. Total number of Workforce Housing Units listed for sale. b. Total number of Workforce Housing Units transferred by the Developer. c. Date of each sale closing. d. Household size. 10 e. Name and address of all Eligible Occupants. f. Number of bedrooms and baths in Unit. g. A copy of the recorded instrument which transferred the Unit. h. Unit address. i. Qualifying Household income. 4.12.3. The Report shall be executed under Oath by the Developer or its authorized agent or representative. 4.13. Provided no Units are offered for sale by the Developer and the Developer owns all of the Units in the Development, the Developer may redesignate a Unit as a rental Workforce Housing Unit or redesignate a Unit as a market rate rental Unit provided, at all times, there is not less than twenty percent (20%) rental Workforce Housing Units in the Development. 4.14. At any time and from time to time, the City may conduct written or oral surveys of Eligible Occupants and Unit Owners to verify the Developer’s compliance with the terms and conditions of this Covenant, and City may enter the Development and access the Workforce Housing Units for the purpose of conducting personal interviews and obtaining other information reasonably necessary to verify Developer’s compliance with the City’s Affordable Housing Program requirements. 4.15. Developer shall comply with all applicable Federal, State and local laws, rules, regulations and ordinances relating to the sale and rental of real property. 4.16. Developer shall promptly notify the City upon the occurrence of an Exempt Transfer. V. DURATION AND AMENDMENT 5.1. For both sale and rental of Workforce Housing Units, this Covenant shall remain in effect for forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. This Covenant shall apply to any replacement structure or structures constructed if a structure containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containing Workforce Housing Units occurs thirty-five (35) years after recording of this Covenant and demolition or destruction was unintentional, this Covenant with respect to the Unit in the structure shall terminate on demolition or destruction. 11 5.2. Covenant Running With Land. The terms of this Covenant constitute covenants running with the Real Property and each designated Workforce Housing Unit. This Covenant shall bind, and the benefit hereof shall inure to, Developer, the Workforce Housing Unit Owners, DBCLT, and the City, and any heirs, legal representatives, executors, successors and assignees thereof. The Workforce Housing Units shall be held, conveyed (including pursuant to an Exempt Transfer), hypothecated, encumbered, leased, rented and occupied subject to the covenants, restrictions and limitation set forth herein, which are intended to constitute both equitable servitudes and covenants running with the Real Property. Any lessee, buyer, or transferee of a Workforce Housing Unit or any portion thereof, by acceptance of a lease or a deed therefor, or by the signing a lease or of a contract to purchase the same, shall, by acceptance of such lease or deed or by the signing of such contract or agreement, be deemed to have consented to and accepted the covenants, conditions, restrictions and limitations set forth herein, whether or not there is any express reference to this Covenant in such lease, deed or contract. 5.3. Amendment. This Covenant may be amended at any time by a recorded document executed and acknowledged by the Unit Owners (including Developer, should Developer hold a Unit for sale) and the City. An amendment may be effective as to some but not all of the Units, in which event it need only be approved by the Unit Owner(s) of the Unit(s) so affected. VI. ENFORCEMENT 6.1. Right to Enforce. The City reserves, and Developer, all proposed lessees, buyers and the Workforce Housing Unit Owners are deemed to have granted the City the right to review and enforce compliance with all provisions of this Covenant, as further set forth in this Article VI. (a) In the event that the City has reasonable cause to believe that the Developer, lessee, occupant, Household or a Workforce Housing Unit Owner is in default of any of the provisions of this Covenant, then the City Manager, or his or her designee, may inspect the Unit owned by the Developer or such Workforce Housing Unit Owner at any reasonable time and from time to time, after providing the Developer, lessee or such Workforce Housing Unit Owner not less than twenty-four (24) hours advance written notice, except in the case of an emergency when less advance notice may be given. (b) Except in the case of a default which constitutes an incurable default or involves the health, safety and welfare of Households in the Development, or in the case of an emergency (in which event no notice and opportunity to cure are required), in the event of any other default of this Covenant, the City shall give the Developer, lessee, Workforce Housing Unit Owner or Household Occupant who is in default, fifteen (15) days written notice of such default, which notice shall state the nature of the default. If the default is not cured to the satisfaction of the City within fifteen (15) days from the giving of such notice, or immediately when no notice and opportunity to cure is required, the City may pursue any or all remedies available to it, as set forth in Section 6.1(c) below. 12 (c) The City hereby reserves the right to enforce this Covenant by pursuing any and all remedies provided by law or in equity. The City’s remedies shall include, by way of example and not limitation, the right to specific performance of this Covenant, the right to a mandatory injunction requiring the sale or lease of a Workforce Housing Unit in conformance with this Covenant, the right to cancel and declare void the sale, deed, contract or lease, the right to remove occupants, and damages and injunctive relief for breach of this Covenant. All of the remedies available to the City shall be cumulative, and the City’s election to pursue any remedy shall not preclude the City for then or later pursuing any one or more other remedies. (d) In the event City resorts to litigation with respect to any default under this Covenant, the prevailing party shall be entitled to recover its damages and costs, including expert witness fees from the party at fault. Developer shall not be liable for default that was due to misrepresentation or other wrongful act of an occupant. The party in default hereunder shall be responsible for the costs required to enforce the provisions of this Covenant. Venue for any action for breach of, or to enforce, this Covenant shall be properly in Palm Beach County, Florida. (e) In the event any Workforce Housing Unit is transferred or leased in a manner that is not in full compliance with the provisions of this Covenant, such transfer or lease shall be wholly null and void and shall confer no title or rights whatsoever upon the purported transferee or lessee. 6.2. Priority of Covenant. This Covenant shall be of equal dignity to, and shall not be subordinated to, any lien or encumbrance, including without limitation, any Institutional Lender, and shall survive and not be extinguished by the foreclosure or deedin-lieu of foreclosure regarding any such liens or encumbrances. This includes, but is not limited to, judgment liens, assessment liens, tax liens, construction liens and mortgage liens. VI. MISCELLANEOUS 7.1. No Third Party Beneficiaries. There are no intended third party beneficiaries of this Covenant, and no party other than the City shall have standing to bring an action for, breach of, or to enforce, the provisions of this Covenant, except for the Delray Beach Community Land Trust which shall be a third party beneficiary of this Covenant with respect to its right of first refusal. 7.2. Notices. Notices to any person or entity shall be given in writing and delivered in person or mailed, by certified or registered prepaid U. S. Mail, return receipt requested, to the person’s or entity’s representative set forth below (as may be changed by notice from time to time) at the address set forth below: 13 Notices to the City shall be sent to: City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Attention: City Manager With a copy to: City Attorney City of Delray Beach 200 N. W. 1st Avenue Delray Beach, Florida 33444 Notices to the Developer shall be sent to: New Century Companies, LLC 1030 S. Federal Highway, Suite 100 Delray Beach, Florida 33483 Notices to the Delray Beach Community Land Trust, Inc. shall be sent to: Delray Beach Community Land Trust, Inc. 20 North Swinton Avenue Delray Beach, Florida 33444 Notices to a Workforce Housing Unit lessee or Workforce Housing Unit Owner may be given in like manner addressed to the applicable Unit. Such notice shall be deemed given when hand delivered or when deposited, postage prepaid, in the United States mail. 7.3. Severability. If any provision of this Covenant shall be held by a court of proper jurisdiction to be invalid or unenforceable; the remaining provisions shall survive and their validity, legality and enforceability shall not in any way be affected or impaired thereby; and the court may, but shall not be required to fashion a substitute for the provision held to be invalid or unenforceable. 7.4. Headings. The headings of the Sections in this Covenant are for convenience only and shall not be used to interpret the meaning of any provision hereof. 7.5. Homestead Waiver. This Covenant is prior and superior to each Workforce Housing Unit Owner’s right to a homestead exemption. Each Workforce Housing Unit Owner waives the Workforce Housing Unit Owner’s homestead rights to the fullest extent that they conflict or impair the City’s rights and remedies under this Covenant. 14 7.6. No Guarantee. Nothing herein shall be construed or give rise to any implied representation, warranty or guarantee, and the City expressly disclaims, that any Workforce Housing Unit Owner will be able to resell his or her Workforce Housing Unit for the maximum purchase price or recover the purchase price for such Workforce Housing Unit or release for the maximum rent for such Workforce Housing Unit. Such Workforce Housing Unit Owner recognizes and accepts that his or her Unit may be less marketable than other Units in the Project and may not sell for as great a purchase price. 7.7. Governmental Functions: Notwithstanding anything to the contrary contained in this Declaration: a. Even though the City has certain contractual obligations under this Covenant such obligations shall not relieve any person subject to this Covenant from complying with all applicable governmental regulations, rules, laws, and ordinances; b. To the extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights; c. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City’s right to exercise its discretion in connection with its governmental or quasigovernmental functions. 7.8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7.9. DEVELOPER AND CITY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. 7.10 This Agreement constitutes the entire agreement between City and Developer. 7.11 In the event of a default of either party to this Covenant, the non-defaulting party may bring an action at law or in equity to enforce his rights under this Covenant. The proper place of venue shall be Palm Beach County, Florida. 15 7.12 Conflict. To the extent of any conflict between the terms of this Covenant and Section 4.7 of the City’s Code of Ordinances in effect as of the date of the execution of this Covenant by the City, the Code of Ordinances shall control. Signed, sealed and delivered FLORANDA MHP, LLC in the presence of: _____________________________ By:____________________________________ _____________________________ DAVID BIGGS, MANAGING MEMBER (Name printed or typed) _____________________________ _____________________________ (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ___________, 2012 by David Biggs as Managing Member of FLORANDA MHP, LLC, who is personally known to me or who has produced _____________________ as identification. ________________________________ Signature of Notary Public – State of Florida Signed, sealed and delivered NEW CENTURY EXECTIVE in the presence of: QUARTERS, LLC _____________________________ By:________________________________ _____________________________ DAVID BIGGS, MANAGING MEMBER (Name printed or typed) _____________________________ _____________________________ (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ___________, 2012 by David Biggs as Managing Member of NEW CENTURY EXECUTIVE QUARTERS, LLC, who is personally known to me or who has produced _____________________ as identification. ____________________________________ Signature of Notary Public – State of Florida 16 CITY OF DELRAY BEACH, a Florida Municipal Corporation ATTEST: CITY OF DELRAY BEACH, FLORIDA ________________________ By: __________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to legal form and sufficiency: ________________________ City Attorney Witness ________________________________ Print name of Witness ________________________________ Witness ________________________________ Print name of Witness ________________________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _____________ 2012, by Nelson S. McDuffie, Mayor, City of Delray Beach, Florida who: (please check one) ______ is (are) personally known to me OR ______ has (have) produced ______________________________________ as identification. ______________________________ My Commission Expires: Notary Public 17 EXHIBIT “A” Legal Description of Real Property: EXHIBIT “A” PARCEL ONE PARCEL I: THAT PART OF THE NORTH 15 FEET OF THE SOUTH ONE-HALF (S-1/2) OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 46 SOUTH , RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF STATE ROAD NO.5 (U.S. HIGHWAY#1) AS NOW LAID OUT AND IN USE, AND PARCEL II THE EAST 80 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY , FLORIDA: TOGETHER WITH THAT PORTION OF TRACT 1 OF SAID LAMBERT TRAILER COURT DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE EASTERLY ALONG THE SOUTH LINE OF TRACT 1 AT A DISTANCE OF 92.39 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID SOUTH LINE, MAKING AN INCLUDED ANGLE OF 180°09'45" A DISTANCE OF 206.40 FEET TO A POINT IN THE PROPOSED WEST RIGHT-OFWAY LINE OF THE SOUTH BOUND LANE OF STATE ROAD NO.5, U.S. NO.1, ACCORDING TO THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP, SECTION 9301-206 DATED JUNE 1958; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT WHOSE RADIUS IS 2836.93 FEET, CENTRAL ANGLE OF 2°46'36", AN ARC DISTANCE OF 137.48 FEET TO THE NORTH LINE OF SAID TRACT 1; THENCE WESTERLY ALONG THE NORTH LINE OF TRACT 1, A DISTANCE OF 238.26 FEET TO AN ANGLE POINT; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE, MAKING AN INCLUDED, MAKING AN INCLUDED ANGLE OF 179°50'15", A DISTANCE OF 92.37 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT 1: THENCE SOUTHERLY ALONG THE WESTERLY LINE OF TRACT 1, MAKING AN INCLUDED ANGLE OF 90°34'30", A DISTANCE OF 133.50 FEET TO THE POINT OF BEGINNING. RESERVING THE SOUTHERLY 18 FEET THEREOF FOR USE OF ADJOINING PROPERTY OWNERS. AND A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PART OF LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT IN THE NORTH LINE OF LOT 2 OF SAID LAMBERT TRAILER COURT, AT A DISTANCE OF 1387.27 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 2; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 172.35 FEET TO A POINT 126.77 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF LOTS 2 AND 3 OF SAID PLAT, A DISTANCE OF 197.63 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 126.77 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 3; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 113.06 FEET TO A POINT 75.09 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 2836.93 FEET, A DISTANCE OF 206.85 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS. PARCEL 2: ALL OF LOTS 4 AND 5 AND THE WEST 126.77 FEET OF LOTS 2 AND 3, OF SAID LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL TWO: THE WEST 130.47 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE EAST 40 FEET OF THE WEST 170.47 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND ALSO: THE WEST 40 FEET OF THE EAST 400 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL THREE: THE WEST 40 FEET OF THE EAST 120 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL FOUR: THE WEST 40 FEET OF THE EAST 360 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL FIVE: ALL OF "PROFESSIONAL OFFICE PLAZA FOR ACQUILANO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44 AT PAGE 147 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS ALL LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 8.191 ACRES, MORE OR LESS. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 11, 2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 RESOLUTION NO. 05-12/AFFORDABLE HOUSING ADVISORY COMMITTEE ITEM BEFORE COMMISSION Request approval to revise Resolution 12-08 with new Resolution No. 05-12. BACKGROUND On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12-08 establishing the Affordable Housing Advisory Committee for the purpose of recommending incentives for affordable housing to the City Commission. This revision to Resolution 12-08 will allow the following in accordance to Florida Statute 420.9076: 1. Ability to appoint fewer than the 11 members required under certain conditions. 2. Ability to appoint a citizen engaged in the activity without regard to affordable housing. 3. Election to not perform the triennial review if the City receives less than the minimal SHIP allocation. The minimum allocation is established at $350,000. RECOMMENDATION Staff recommends approval of Resolution No. 05-12. 420.9076 Adoption of affordable housing incentive strategies; committees.--(1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee to prepare a joint plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the resolution appointing the advisory committee members must provide for 11 committee members and their terms. The committee must include: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for-profit provider of affordable housing. (f) One citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. (j) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. If a county or eligible municipality whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program may elect to appoint an affordable housing advisory committee with fewer than 11 representatives if they are unable to find representatives 1who meet the criteria of paragraphs (a)-(k). (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. (4) Triennially, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform the initial review but may elect to not perform the triennial review. (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the tentative advisory committee recommendations can be obtained by interested persons. (6) Within 90 days after the date of receipt of the local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program pursuant to s. 420.9078. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after receipt of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9072. (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. History.--s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198. 1Note.--The word "who" was substituted for the word "that" by the editors. RESOLUTION NO. 5-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 12-08 TO PROVIDE FOR CHANGES TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to Amend Resolution No. 12-08 in order to allow the Affordable Housing Advisory Committee the ability to have fewer members; appoint a citizen to the board not affiliated with affordable housing; and a change to the minimum meetings required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution 12-08 is hereby amended by adding the following language: If the City whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program may elect to appoint an affordable housing advisory committee with fewer than 11 representatives if they are unable to find representatives 1who meet the criteria of paragraphs (a)-(k). Section 2. Resolution 12-08 is further amended to include the following language: That the Affordable Housing Advisory Committee shall meet at minimum triennially to review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each the advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing. The Affordable Housing Advisory Committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform the initial review but may elect to not perform the triennial review. 2 Res No. 05-12 PASSED AND ADOPTED in regular session on this the _____ day of ______________, 2012. _____________________________________ M A Y O R Attest: __________________________________ City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: DAVID A. BOYD, DIRECTOR OF FINANCE REBECCA S. O'CONNOR, TREASURER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: January 12, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 INVESTMENT ADVISORY SERVICES AGREEMENT/PFM ASSET, LLC ITEM BEFORE COMMISSION Authorize an agreement with Public Financial Management (PFM) to provide government investment advisory services. The investment advisory services agreement will incorporate the City of Lake Worth’s RFP (10-11-102) as well as PFM’s bid response. BACKGROUND Finance staff reviewed the City of Lake Worth’s investment advisory services agreement as well as investment performance data from PFM and is recommending cooperative sharing relative to this service. PFM has an excellent reputation, good access to the capital markets and technical expertise relative to the investment of government funds. Pricing for services is on a tiered basis. For assets ranging from $0 -$50 million, the charge is 0.08%; $50 million -$100 million, the charge is 0.07% and over $100 million, the charge is 0.06%. The cost will be approximately $55,000 but will be offset by increased interest earnings. Assuming current market rates, we anticipate increasing our interest revenues by a minimum of $100,000 net of the cost of advisory services. The City’s contract may be terminated with cause upon notification and without cause within 30 days of written notice. FUNDING SOURCE The cost of the investment advisory services will be netted against interest earnings. RECOMMENDATION Recommend an investment advisory services agreement with Public Financial Management. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 12, 2012 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 AGREEMENT/LANGTON ASSOCIATES, INC./LEAP & TRAINING ITEM BEFORE COMMISSION The item before Commission is consideration of an agreement with Langton Associates to provide services for the Local Energy Assurance Plan Grant that the City received from the U.S. Department of Energy. BACKGROUND The City was previously awarded a Local Energy Assurance Plan (LEAP) grant from the U.S. Department of Energy in the amount of $130,000 through the American Recovery and Reinvestment Act of 2009. The main focus of the LEAP initiative is to build regional energy assurance capabilities that will allow the City to better communicate and coordinate responses on a regional and state level as it relates to energy security, reliability, assurance planning, and emergency issues regarding energy disruptions. The objectives of the initiative are to develop, strengthen, and/or expand local government energy assurance planning and resiliency, reduce the impacts from energy supply disruptions, and create and save jobs in energy assurance planning at the city level. The City issued RFQ# 2011-16 for consulting services to assist with plan preparation and training related to the LEAP grant. At the December 13, 2011 Regular Meeting, the Commission provided authorization for staff to negotiate a contract with Langton Associates, Inc. The contract with Langton Associates in the amount of $40,000 is being funded by the grant. The following documents are attached: City Standard Agreement (modified for this contract), an excerpt from Langton Associates' RFQ response, and supplemental information. Additional information from the RFQ and Langton Associates response will also be included in the final contract documents that will include any final contract revisions and will be reviewed by the City Attorney's Office. FUNDING SOURCE 101-6354-519-31.90 after budget transfer. RECOMMENDATION Staff recommends approval of the agreement with Langton Associates, subject to approval of the final agreement documents by the City Attorney's Office. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONSULTANT THIS AGREEMENT made this _____ day of January, 2012, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Langton Associates, Inc. (hereinafter called CONSULTANT). WITNESSETH: The CITY and the CONSULTANT in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONSULTANT hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONSULTANT, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONSULTANT further acknowledges that the RFQ includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONSULTANT include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Standard Form of Agreement Request for Qualifications Consultant Letter of Interest General Conditions, Instructions and Information Indemnity/Hold Harmless Agreement Cone of Silence Corporate Acknowledgment Certificate (If Corporation) Insurance Requirements Specifications RFQ Proposed schedule Consultant Inserts Drug Free Workplace Certification RFQ Signature Form Supplemental Proposal Information Addendum numbers 1 and any modifications, including Change Orders, duly delivered after execution of this Agreement. 3. The term of this contract shall commence on the date of execution indicated at the top of the first page of this agreement and end on September 30, 2012. 4. In exchange for CONSULTANT performing these services as established herein and devoting agency time, CITY agrees to pay CONSULTANT the sum of Forty Thousand Dollars ($40,000.00) with Twenty Thousand ($20,000.00) due upon submission of the Energy Assurance Plan document to the City and Twenty Thousand ($20,000.00) due at project completion. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: David T. Harden, City Manager City of Delray Beach, FL 33444 100 NW 1st Avenue Delray Beach, FL 33444 As to CONSULTANT: Michael Langton, President 4380 Atlantic, Blvd. Jacksonville, Florida 32207 7. This agreement can be terminated by either party without cause upon giving a thirty (30) day notice to the address shown above. In the event of a contract termination, CITY’s responsibility to pay CONSULTANT’s fees and expenses will be limited to the period up to the termination date. All work products prepared by Langton on behalf of the CITY will be determined to be CITY’s property. 8. The CONSULTANT shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONSULTANT shall not assign any moneys due or to become due without the prior written consent of the CITY. Services outlined in the attached documentation regarding CONSULTANT’s proposal that involve work to be performed by Florida Power & Light or Emergency Responders Industries, Inc. are hereby given consent by CITY to receive payment from CONSULTANT for services rendered under this agreement. 9. The CITY and the CONSULTANT each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 10. In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONSULTANT and any persons employed or utilized by the CONSULTANT in the performance of this Project. CONSULTANT agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONSULTANT agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONSULTANT, his sub-Consultants, agents, servants or employees. CONSULTANT further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONSULTANT to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONSULTANT, his sub-Consultant or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys’ fees and costs at trial and appellate levels. The CITY will pay to the CONSULTANT the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONSULTANT acknowledges that the RFQ includes said consideration for the indemnification provision. The parties intend that Langton, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. 11. This Agreement shall be considered null and void unless signed by both the CONSULTANT and the CITY. 12. The contract documents constitute the entire agreement between the CITY and the CONSULTANT and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA _________________________________ By: _____________________________ City Clerk Nelson (Woodie) McDuffie, Mayor Approved as to form: _________________________________ City Attorney WITNESS: CONSULTANT: __________________________________ BY: _____________________________ ________________________________________ _ _______________________________________ (Print or type name and title) (Print or type name and title) (SEAL) Supplemental Proposal Information The following supplemental proposal information is considered to be an addendum to the CONSULTANT’s Request for Qualifications response and is to be considered part of CONSULTANT’s scope of work: 1. Grant Reporting -CONSULTANT with prepare all required federal grant reports required for the Local Energy Assurance Planning grant and return the reports to CITY for submission by federal grant reporting deadlines dependent upon CITY providing information to CONSULTANT and reviewing grant reports to facilitate timely preparation for submission. 2. Training – CONSULTANT will provide two training exercises as outlined in the RFQ: a tabletop exercise to familiarize staff the Energy Assurance Plan document and a regional exercise that includes local neighboring governments, industry, local, State and Federal partners, as appropriate. The regional exercise will be a FEMA style, role-playing training exercise, more extensive than a tabletop exercise, involving a simulated disaster (i.e., hurricane) to provide as must realism as possible to an actual emergency event. 3. Additional Project Team Member – Robert “Chip” M. Patterson, Jr. is added to CONSULTANT’s Project Team as a sub-contractor of Emergency Responders Industries, Inc. for the training exercise portion of the project (resume attached). 4. Energy Audit – In creation of the Energy Assurance Plan, CONSULTANT will acquire free or paid (at CONSULTANT’s expense) consulting services from Florida Power and Light (FPL) as needed. CONSULTANT will also include Florida Public Utilities as an energy services provider in the process of creating the Energy Assurance Plan. Resume Robert M. Patterson, Jr. “Chip” Education Bachelor of Science in Sociology, University of the State of New York 1989 Masters in Business Administration, Jacksonville University 2002 Associations Adjunct Instructor, University of North Carolina/College of Public Health US Navy Postgraduate School, Center for Homeland Defense and Security MET Adjunct Instructor (2012) Flagler College International Association of Emergency Management Recent Training Programs Delivered University of North Carolina – EM Graduate Certificate Program Hurricane Evacuation Decision making Course US Navy Postgraduate School – Center for Homeland Defense and Security; Mobile Executive Training State of Colorado City of Dallas, TX City of Port Huron, MI National League of Cities State of Louisiana State of Connecticut State of Alabama City of Charleston, SC City of Memphis, TN City of Atlanta, GA Commonwealth of Puerto Rico State of Georgia City of Columbia, SC State of Florida City of Norfolk/Va Beach, VA Joint Field Office (JFO) ICS Curriculum Development and Pilot Delivery – FEMA EMI FEMA MACS – IS 701 FEMA ICS – 300/400 Jefferson County EM Hamilton County Sheriff’s Office Suwannee County Sheriff’s Office Union County Sheriff’s Office FEMA EOC MGT & OPS– G-775 State of South Carolina NE SC Counties Hyde County, NC US Air Force (IAFC/IAEM) FEMA Special Events IAEM University of North Florida COOP Workshops PA-Debris Monitoring Hyde County, NC Warrick County, Indiana Summary Robert “Chip” Patterson has over 20 years of experience leading emergency management and business continuity programs. Prior to leading Coxwell’s Disaster Recovery Services Division, Chip served in mayoral appointed positions for 10 years as the City of Jacksonville, Florida’s Director for Emergency Management and Special Assistant to the Mayor for Security. Chip worked in the Florida Division of Emergency Management as the Response Services Administrator. Prior to work in Florida, Chip was the Chief of Operations for North Carolina Division of Emergency Management. His career includes service as a Radiological Emergency Preparedness Planner in North Carolina and 6 years in the United States Navy nuclear propulsion program. Relevant Experience Patterson and Associates LLC, Jacksonville, Florida October 2009 to present Supervisor – Self employed Managing Member – Emergency management and homeland security consulting in the areas of strategic planning and programmatic accreditation, disaster plans development, training and exercise development. US Navy Postgraduate School Center for Homeland Defense and Security Mobile Executive Training Subject Matter Expert; Catastrophic Planning (Florida, Houston and Dallas, Texas, Greater NY area) J.B. Coxwell Contracting, Inc. Coxwell Disaster Recovery Services, Jacksonville, Florida July 2006 to present Supervisor – John B. Coxwell. Chairman Director – Emergency management and homeland security business development and service delivery for a 300 person civil construction firm providing services in disaster response and recovery. Grew company’s contracts by 900% in five (5) years at the high end of the price market. Developed disaster personnel to meet industry national standards. Emergency Preparedness Division Chief, Duval County Emergency Preparedness, Jacksonville, Florida December 1995 to July 2006 Supervisor – Ray Alfred, Fire Chief (Retired) Director – Led a comprehensive emergency management program that includes plans and procedures development, public education, disaster response and recovery management, facilities management, program development and marketing, personnel development, press availabilities and interacting with elected officials in a jurisdiction of 840 square miles and over 800,000 in population. First local government in nation to achieve Emergency Management accreditation; Homeland Security Program Manager (UASI, SHSGP, MMRS) managed portfolio of up to $10M annually in readiness funds; Florida’s Emergency Manager of the Year in 2005; Florida Professional Emergency Management certification; Incident Management Team Lead in Harrison County, MS for Hurricane Katrina; Resume Robert M. Patterson, Jr. “Chip” Recent Planning Projects Comprehensive Emergency Management Plan Union County, FL (update) Bradford County, FL (terrorism annex update) Continuity of Operations Plans Union County, FL Nassau County, FL (workshop) University of North FL (workshop) Bradford County, FL Catastrophic Planning Florida Catastrophic Planning Project (IEM) Houston, TX Dallas, TX Greater NY Area Hurricane Preparedness Planning Jacksonville Jaguars, LLC Debris Management ICPs Hyde County, FL Gilchrist County, FL Points of Distribution ICPs Bradford County, FL Gilchrist County, FL Plan Templates to Support CPG 101 Implementation FEMA/IEM Recent Exercises Delivered Tabletop Exercises University of North Florida – Crisis Management Team; Active Shooter State of Florida Governor’s Homeland Security TTX; 2006, 2007, 2009 Union County Interagency Complex Incident Functional Exercises University of North Florida – Crisis Management Team; Active Shooter Lafayette County, FL – Homeland Security exercise Contact Information Robert M. Patterson, Jr. 1532 Quail Roost Lane Jacksonville, FL 32220 904.652.5999 Jpboys4@bellsouth.net IMT Lead in Lee County, FL in Hurricane Wilma. Disaster Recovery programs for ten (10) Presidential declared disasters. Florida Division of Emergency Management, Tallahassee, Florida June 1993 to December 1995 Supervisor – Eric Tolbert (deceased) Response Services Administrator – Hired to bring about transformational change in the State’s disaster planning and readiness following the events of Hurricane Andrew in 1992. Created systems to manage State of Florida delivery of disaster resources (equipment, personnel and programs). Development and maintain the State’s Comprehensive Emergency Management Plan, radiological emergency preparedness program and management of seven field offices. Lead the interagency planning team to re-write the State’s Comprehensive Emergency Management Plan. Support development and then implement the State’s change management strategy. Develop Standard Operating Procedures to support the State’s disaster operations. Develop training and workshop materials to communicate the State’s disaster plans. In disaster time responsible for managing the State Emergency Operations Center. As EOC Manager; ensure that operations were consistent with the State’s objectives, ensure that planning, logistics and finance were all capable of supporting operation’s needs. Six (6) Presidential Disaster declarations North Carolina Division of Emergency Management, Raleigh, North Carolina March 1989 to June 1993 Supervisor – Eric Tolbert (deceased) Chief of Operations – Manage State of North Carolina delivery of disaster resources (equipment, personnel and programs). Develop EOC procedures for disaster management. Manage State Warning Point; Emergency Operations Center. Five (5) Presidential Disaster declarations Radiological Emergency Preparedness Planner – Fixed nuclear facility off-site readiness. Support Shearon Harris Nuclear Power Plant, McGuire Nuclear Power Plant and Brunswick Nuclear Power Plan planning task forces. Update radiological emergency preparedness plans for all supported facilities. Participate in the exercise design for FEMA evaluated fixed nuclear facility exercises. Participate as a technical expert in fixed nuclear facility exercises. United States Navy Norfolk, VA February 1983 to February 1989 Engineering Duty Petty Officer – USS Glenard P. Lipscomb (SSN-685) Nuclear Pipeline Schools MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 12, 2012 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of January 3, 2012 through January 13, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: · The item must be raised by a Commission member. · By motion, an action must be taken to place the item on the next meeting agenda of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of January 11, 2012 1. Tabled (5 to 0, Roger DeCapito and Nick Sadowsky absent), a Class I site plan site plan modification associated with building elevation changes to the approved townhomes at the Latitude Delray development, located at the northwest corner of South Federal Highway and Lindell Boulevard. 2. Approved with conditions (5 to 0), a Class I site plan modification and landscape plan associated with the addition of a guardhouse and automated gates for Abbey Delray South, located south of Linton Boulevard and west of the E-4 Canal (1717 Homewood Boulevard). The architectural elevation plan was approved on a 4 to 1 vote (Rustem Kupi dissenting). Concurrently, the Board approved a waiver to LDR Section 4.6.9(D)(3)(c)(2) for a reduction in the required stacking distance from 100’ to 80’ in advance of the guardhouse. 3. Approved with conditions (5 to 0), a Class II site plan modification associated with the demolition of the existing open air pavilion and construction of a new 2,320 sq. ft. open air pavilion, relocation of existing tree, shower, sign, fence and bench; and, installation of associated lighting bollards and landscaping for the Delray Beach Pavilion, located at the intersection of Ocean Boulevard and East Atlantic Avenue. The architectural elevation plan was approved on a 4 to 1 vote (Rustem Kupi dissenting). 4. Approved with conditions (5 to 0), a Class III site plan modification associated with exterior renovations for the existing sixteen one-story units and construction of a multiple story addition on the easternmost beachfront units for Delray Villas by the Sea, located on the east side of Ocean Boulevard, south of Linton Boulevard (2225 South Ocean Boulevard). 5. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 9,066 sq. ft. child care facility for Trinity Lutheran Early Childhood Center, located at the northwest corner of Lake Ida Road and Swinton Avenue (400 North Swinton Avenue). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: January 4, 2012 SUBJECT: AGENDA ITEM 8.K.1 -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 BID AWARD/F2 INDUSTRIES, LLC ITEM BEFORE COMMISSION City Commission is requested to approve Bid #2012-11 award to the lowest bidder, F2 Industries, LLC, for the purchase and delivery of Poly Phosphate at $1.13 per lb. for the Water Treatment Plant at an estimated annual cost of $94,920.00, purchased as needed. BACKGROUND Poly Phosphate is an additive for water treatment available in liquid or dry form. It is needed to reduce reversion rate, inhibit scale formation, restrict oxygen permeation and hydrogen generation with corrosion inhibitors to protect water distribution systems from related repair and maintenance expense. Monomolecular film reduces lead and copper leaching to comply with the lead and copper rule. Per the Water Treatment Manager, the City has regularly passed the lead and copper tests which indicates that this product continues to be effective. Five bids were received for supply and delivery of polyphosphate; the lowest bid was from F2 Industries, LLC, in the amount of $1.13/lb. for an estimated annual cost of $94,920.00 (see attached bid tabulation). The Water Treatment Plant Manager recommends award of this bid to F2 Industries. FUNDING SOURCE 441-5122-536.52-21 RECOMMENDATION Staff recommends the approval of Bid #2012-11 award to F2 Industries, LLC, for the purchase of Poly Phosphate at $1.13 per pound for an estimated annual cost of $94,920.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 12, 2012 SUBJECT: AGENDA ITEM 8.K.2 -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 BID AWARD/ROSSO PAVING & DRAINAGE, INC. ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for Mayor to sign quote from Rosso Paving & Drainage, Inc., in the amount of $36,000.00, for sidewalk construction along the alley just south of 20 N Swinton Ave. (the CRA) Project #11-075. BACKGROUND This project will provide an east-west sidewalk connection between the CRA parking lot and N Swinton Ave. and provide an additional sidewalk for this parking lot to the current CRA office building. Currently people parking in this lot and going to Doc's, Old School Square or other destinations to the east have to walk in the alley travel lane to get to Swinton Avenue. The new sidewalk will be a brick paver sidewalk, to match the existing brick paver sidewalk in and around the CRA parking lot. Also included in this project is new “F” and “D” curbing, grading for drainage and sodding. The CRA is providing the funding for this project and the CRA Board approved the Inter-local Agreement Amendment on 12 Jan 2012. Attached is a copy of the location map and quotes received. FUNDING SOURCE 334-3162-541.63-11 RECOMMENDATION Staff recommends approval. CRA Sidewalk N1/12/2012 Delray Beach GIS W Atalntic Av Site MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 12, 2012 SUBJECT: AGENDA ITEM 8.K.3 -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 BID AWARD/GULFSTREAM CARPET, INC. ITEM BEFORE COMMISSION Commission is requested to approve a bid award to Gulfstream Carpet, Inc. in the amount of $20,305.80 for approximately 1,134 yards of indoor/outdoor carpet with trim for the Tennis Stadium. BACKGROUND The existing carpet in the Tennis Stadium is approximately four (4) years old and is worn and ripped in many locations. The Purchasing Office solicited samples and quotes from four (4) vendors. Only two (2) vendors submitted samples for staff review. Four (4) samples were selected from each vendor for pricing. Quotes from both vendors are attached. Approximately 1,134 yards of carpeting would be replaced in the Stadium veranda, wheelchair ramps and areas in the walkways above the box seats. Quotes also included trim and metal transition strips. After careful review by City staff, Tournament staff and JCD Sports Group, the Cabello Moss Stone Carpet #36321, was selected as the best option. This selection has a limited warranty of three (3) years versus two (2) years. Samples are available in Mr. Barcinski’s office for review. FUNDING SOURCE Funding is available in account code 334-4145-572-46.90. RECOMMENDATION Staff recommends approval of the bid award to Gulfstream Carpet, Inc. in the amount of $20,305.80 for approximately 1,134 yards of replacement carpet with trim for the Tennis Stadium as per quote. MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 3, 2012 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 WAIVER REQUEST/CHASE BANK ITEM BEFORE COMMISSION Consideration of a waiver request to LDR Section 4.4.12(F)(2) to reduce the minimum required floor area for a free standing structure from 6,000 sq. ft. to 4,423 sq. ft. The development proposal involves demolition of the old Block Buster Video building (6,500 sq. ft.) and replacement with a new Chase Bank. BACKGROUND The City Commission initially approved the Delray Town Center as a 91,417 sq. ft shopping center with two outbuildings consisting of a 5,000 sq. ft drive-through bank and a 5,000 sq. ft restaurant. In 1990, the City Commission approved a modification of the site plan that transferred 1,500 sq. ft of the 5,000 sq. ft from the Bank site (leaving 3,500 sq. ft) to the Restaurant site (making it 6,500 sq. ft). This action was concurrent with a development proposal to build a Blockbuster movie rental facility (6,500 sq. ft), which was substituted for the restaurant. The overall center was constructed in 1990, the Bank (3,500 sq.ft.) in 1990 and the Blockbuster Video Building in 1991. With the citywide rezoning on October 1, 1990, the property was rezoned from LC (Limited Commercial) to PC (Planned Commercial). With that zoning change came a requirement that any free-standing structure shall have a minimum floor area of 6,000 sq. ft. The waiver request is to allow less than the 6,000 sq. ft.minimum floor area structure for the new Chase Bank. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following narrative in support of the proposed waiver: “The proposed Chase Bank is such that it does not require a floor area in excess of 6,000 square feet. The gross floor area of the bank including the drive-thru is 5,298 square feet. The bank is such that architecturally it is compatible with the other structures within the Delray Shopping Center, it takes access from the interior circulation system of the development and meets all other code requirements if it were to be situated on an outparcel. If the functioning area of the drive-thru queuing lanes were accounted for as floor area the building will have well over the minimum required 6,000 square feet. As such the proposed 5,298 square foot Chase Bank is well over the existing free standing TD Bank square footage. The approximate gross floor area of the TD Bank, per the overall survey of the shopping center, is approximately 4,415 square feet.” By definition the total gross floor of a building, is the area contained within a building measured from the exterior surface of the outer building walls. Thus, the gross floor area of the bank cannot include the drive-thru canopy as suggested by the applicant. With the applicant’s current proposal the gross floor area of the bank (excluding the drive-thru canopy) is 4,423 sq. ft which is 26.2% short of the required 6,000 sq. ft. (6,000-4,423=1,577/6,000= 26.2%). It is noted that the gross floor area of the TD Bank (located to the west within the same shopping center), according to the Class III site plan modification approved by SPRAB at its meeting of July 7, 2001, is approximately 3,500 sq. ft which is also below the minimum freestanding floor area required by the LDRs. However, the bank square footage of 3,500 sq. ft. was approved for the Palm Beach County Bank (now known as TD Bank) prior to the rezoning of the property to PC zone district in October 1, 1990, which now requires a minimum of 6,000 sq. ft. per building. Further the bank was subject to a site plan modification transferring 1,500 sq. ft. to the subject parcel (see prior discussion). It is further noted that the facility being demolished meets the current 6,000 sq. ft. minimum free standing floor area structure requirement. Granting the waiver will not adversely affect neighboring properties, will not create an unsafe situation or diminish the provision of public facilities. However, as the justification for the waiver centers on the applicant’s assertion that the bank does not need 6,000 sq. ft. an argument could be made that this would be a grant of a special privilege and may not be granted under similar circunstances on other property for another applicant or owner. REVIEW BY OTHERS The Site Plan Review and Appearance Board (SPRAB) reviewed the waiver request at their meeting of December 14, 2011 in conjunction with review of the Chase Bank development proposal. After a brief discussion, the Board moved a recommendation of approval of the waiver request on a unanimous vote of 4-0. A detailed description and analysis of the proposal is contained within the attached SPRAB staff report of December 14, 2011. RECOMMENDATION City Commission discretion. 1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR CHASE BANK 1. This waiver request came before the City Commission on January 17, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Chase Bank. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.12(F)(2): Pursuant to LDR Section 4.4.12(F)(2), any freestanding structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures on the subject plaza; shall take access from the interior circulation system of the development; and shall be able to meet all code requirements as if it were to be situated on an outparcel. Should the waiver to reduce the minimum free-standing floor area from 6,000 square feet to 4,423 square feet be granted? Yes _______ No _______ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 2 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ___ denies ___ the waiver request subject to the condition listed on Exhibit “A”. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 17th day of January, 2012, by a vote of _____ in favor and ____ opposed. ______________________________ __ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 12, 2012 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 INTERLOCAL AGREEMENT/PALM BEACH COUNTY AND FPL/DIGITAL DIVIDE PROJECT ITEM BEFORE COMMISSION The item before the Commission is an interlocal agreement with Palm Beach County and Florida Power & Light (FPL) for pole attachment fees and electrical fees related to the Digital Divide project. BACKGROUND The attached interlocal agreement for the City, County and FPL is in conjunction with the Digital Divide project in the West Atlantic Avenue area. Wireless internet access will be provided through a new system which includes WiFi antenna mounted on FPL street light poles. As part of the interlocal agreement, the City will pay an annual FPL street light bracket attachment fee of $119.19 per pole and a monthly electrical service fee currently estimated to be $5.00 per pole. The attached cost summary shows the total estimated annual cost as $8,780.31 based on an estimated 49 poles. RECOMMENDATION Staff recommends approval of the agreement with finding to be covered by a mid-year budget amendment. Agreement With Palm Beach County and the City of Delray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 1 of 8 Matter No. Interlocal Agreement This Interlocal Agreement ("Agreement") regarding the payment of Florida Power & Light (“FPL”) attachment and service fees for the City of Delray Beach Project is entered into this ______ day of ___________________, 2011, by and with the City of Delray Beach, a public body corporate and politic of the State of Florida (the “City”) and Palm Beach County, a political subdivision of the State of Florida (the “County”). WITNESSETH THAT: WHEREAS, Section 163.01 of the Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969”, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into Interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the City and County recognize the need to provide WiFi Internet access to certain residents of Delray Beach in conjunction with the efforts of Palm Beach Broadband that provides refurbished computers, training and WiFi access to eligible students and their household family members; and WHEREAS, the County has agreed to participate in this project by installing, on FPL street light poles, WiFi antenna the City managed areas to provide wireless Internet access; and WHEREAS, the City, as sponsor of this project, perceive this project to be of great value to its participating citizens; and Agreement With Palm Beach County and the City of Delray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 2 of 8 WHEREAS, FPL requires an annual Street Light Bracket Attachment fee currently $119.19, as provided for in the Street Light Bracket Attachment Agreement existing between FPL and the County, as well as a monthly electrical service fee currently estimated to be $5.00, as provided for by the Wireless Electric Service Agreement between FPL and the County, for each street light antenna that must be billed directly to the WiFi antenna owner. These fees are in addition to the Street Light fees for which the City of Delray Beach is and will continue to be directly responsible to FPL under a separate agreement between the City and FPL. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the parties do mutually agree as follows: AGREEMENT Section 1 Purpose and Fee Approval The purpose of this Agreement is to implement a billing process whereby the County will invoice the City for FPL street light bracket antenna attachment fees and the City shall be responsible for payment of these fees. Such fees shall be for authorized attachments in accordance with Section 4.1 (a) and (b) of the Street Light Bracket Attachment Agreement and in accordance with the Wireless Internet Electric Service Agreement. Section 2 Approval The City approves the payment of the charges for all of the Tropos WiFi antennae it approves for this project. FPL will provide the County with a bill in two forms, a monthly electrical service bill for each street light used in the project and an annual attachment fee. This Agreement shall become effective upon its execution by both parties. Additional antenna installations within the City District shall require the prior written approval of the City Manager. Agreement With Palm Beach County and the City of Delray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 3 of 8 Section 3 Term The term of this Agreement, unless terminated as provided herein, is for a period of one year. This Agreement shall automatically be renewed annually unless either party gives written notice of termination of this Agreement as provided for in Section 9 herein. Section 4 County’s Responsibilities for the Street Light Antenna The County shall be responsible for the routine, day-to-day management of the street light antenna. The County will work closely with FPL and street light personnel regarding the planning and placement of each antenna. The City shall be consulted and informed of the placement on the City managed areas. Section 5 Indemnification and Insurance The City and the County recognize their respective liability for certain tortious acts of its agents, officers, employees, and invitees, and agree to be responsible, respectively, for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees. Such liability is subject to the provisions of law, including the limits included in Section 768.28, Florida Statutes, which sets forth the partial waiver of sovereign immunity to which governmental entities are subject. It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties have under Section 768.28 or any other statute. This Interlocal Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege, except the provisions hereof involving indemnification or limitation of liability of the City and the County. Without waiving the right to sovereign immunity as provided by Section 768.28, The City acknowledges to be either insured or self-insured for General Liability, Professional Liability, and workers’ compensation coverage under Florida sovereign immunity statutes with coverage limits of $200,000 Per Person and $300,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the Legislature. Agreement With Palm Beach County and the City of Delray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 4 of 8 Section 6 Damage Caused by Disasters Should the Network be damaged or destroyed by a natural or man-made event to the extent that the cost to repair or replace the line, including utility pole replacement, exceeds 50% of the original installation costs, this Interlocal Agreement is automatically terminated unless the governing bodies of the City and County authorize its continuation and associated funding to repair or restore the affected area(s). Section 7 Miscellaneous No provision in this Agreement shall provide to any person not a party to this Agreement any remedy, claim, or cause of action, or create any third-party beneficiary rights against either party. In the event that any one or more of the provisions in this Agreement shall for any reason be held to have no force and effect, this Agreement shall, if possible, be interpreted in a manner so as to effectuate the intention of the parties. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. All disputes related to this Agreement shall in the first instance be referred to the appropriate executives of each party for resolution. This Agreement is the subject of negotiation between the parties and should not be interpreted more favorably toward one party over the other. Section 8 Nondiscrimination The parties warrant and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression. Agreement With Palm Beach County and the City of Delray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 5 of 8 Section 9 Disclosure and Ownership of Documents To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the County or at its expense will be kept confidential by the Consultant and will not be disclosed to any other party, directly or indirectly, without the County's prior written consent unless required by a lawful court order. All drawings, maps, sketches, programs, data bases, reports and other data developed, or purchased, under this Interlocal Agreement for or at the County's expense shall be and remain the County's property and may be reproduced and reused at the discretion of the County. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. Notwithstanding any other provision in this Interlocal Agreement, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the Palm Beach County Office of the Inspector General Ordinance 2009-049, as may be amended. Section 10 Notice Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mail, postage prepaid, and certified return receipt requested to the following addresses or such other addresses as the parties may provide to each other in writing: To THE CITY: David T. Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Telephone: 561.243.7000 Agreement With Palm Beach County and the City of Delray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 6 of 8 With a copy to: , Attorney City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Telephone: 561.243.7000 To COUNTY: Robert Weisman, County Administrator Palm Beach County Board of County Commissioners 301 N. Olive Avenue, 11th Floor West Palm Beach, FL 33401 Telephone: 561-355-2712 With a copy to: Paul King, Assistant County Attorney County Attorney’s Office Palm Beach County Board of County Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 Telephone: 561-355-2734 With a copy to: Steve Bordelon, Director ISS Palm Beach County Board of County Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 Telephone: 561-355-2394 Section 9 Entire Agreement This Agreement represents the entire agreement between the City and the County and supersedes all prior agreements or representations, whether written or oral, with respect to the subject matter hereof. No provision of this Agreement may be changed or amended except by written agreement signed by both Agencies. This Agreement shall be binding upon the City and the County and their respective successors and assigns. Agreement With Palm Beach County and the City of Delray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 7 of 8 Section 10 Filing This Agreement will become effective upon filing a copy of the signed Agreement with the Palm Beach County Clerk & Comptroller’s Office. Section 11 Participation This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in drafting the same. Section 12 Venue for Dispute Resolution This Agreement shall be construed in accordance with the laws of the State of Florida. Should any litigation arise from this Agreement, venue shall lie in Palm Beach County, Florida. Section 13 Binding Agreement This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. Section 14 Severability In the event that any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision. Section 15 Subject to Funding This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than thirty (30) days notice to the County, the City shall be the sole and final authority as to the availability of funds. Agreement With Palm Beach County and the City of Delray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 8 of 8 ATTEST: Palm Beach County, Florida, By Its Board of County Commissioners Sharon R. Bock, Clerk & Comptroller By: _______________________ By: _______________________ Deputy Clerk Shelly Vana, Chair (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: _______________________ By: _______________________ County Attorney Steve Bordelon Director, ISS City of Delray Beach By: ________ Nelson S. McDuffie, Mayor ATTEST: By: _________________________ 49 $119.19 $5,840.31 $5.00 49 $60.00 $2,940.00 Annual Cost to the City $8,780.31 Digital Divide Interlocal Agreement Estimated Pole Attachment Costs Monthly Cost Number of Poles Annual Cost TOTAL Annual cost per street light backet Monthly cost for electric service fee Copyright © 1988-2003 Microsoft Corp. and/or its suppliers. All rights reserved. http://www.microsoft.com/mappoint © Copyright 2002 by Geographic Data Technology, Inc. All rights reserved. © 2002 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities © 1991-2002 Government of Canada (Statistics Canada and/or Geomatics Canada), all rights reserved. delray.beach 0 mi 0.2 0.4 0.6 0.8 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 10, 2012 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 SPECIAL EVENT REQUEST /1ST ANNUAL WINE AND SEAFOOD FESTIVAL ITEM BEFORE COMMISSION Commission is requested to approve a special event permit for a Wine and Seafood Festival produced by the Greater Delray Beach Chamber of Commerce proposed to be held on November 10, 2012 from 11:00 a.m. to 10:00 p.m., and November 11, 2012 from 11:00 a.m. to 8:00 p.m., with alternate dates of November 3 & 4, 2012, pending dates for the Chris Evert Tennis Tournament. Commission is also requested to approve a temporary use permit per LDR’s Section 2.4.6.(F) for the closure of Atlantic Avenue from the west side of Bronson to the east side of the Intracoastal from 3:00 p.m., Friday, November 9, 2012 through approximately 10:00 p.m. Sunday, November 11. 2012; and providing staff support for traffic control and security, EMS services and Fire Inspections, barricading and event signage. BACKGROUND Attached are a special event permit application, site plan, budget and economic prosperity calculator received from Nancy Stewart-Franczak on behalf of the Chamber of Commerce. Two (2) different weekends are listed since we do not yet know what weekend the 2012 Chris Evert Tournament will be held. This is a new event being proposed as a result of East Atlantic Avenue Merchants asking for additional events on the beach side. The applicant has indicated that they have BPOA support, as well as merchant support for this proposed event. Staff has a concern with the request to close Atlantic Avenue at 3:00 p.m. on Friday and would recommend an early AM closure on Saturday, as we do for Delray Affair and the Howard Alan Show. The estimated overtime costs for this event is $14,215, barricade and message and arrow board rental $1,200 and signage $250 for a total estimated City cost of $15,665. Per Event Policies and Procedures the event producer is required to pay 100% of City costs. RECOMMENDATION Staff recommends consideration of the special event permit, temporary use permit, signage, barricading and staff assistance as requested with the following conditions: 1. Final approved date contingent on the weekend of the 2012 Chris Evert Tournament. 2. Street closures to commence after 2:00 a.m. of the date of the event. 3. Receipt of a Certificate of Event Liability Insurance fourteen (14) days prior to the event. 4. Receipt of a Liquor Liability Insurance fourteen (14) days prior to the event. 5. Alcohol beverages not to be served before noon on Sunday. 6. Event producer is required to provide dumpster and grease disposal barrels for vendor use. 7. All trash and garbage to be removed from area and cleaned up by 2:00 a.m. Monday morning. 8. All barricades to be removed immediately after event, and the area cleared of tents and cleaned. 9. Receipt of an additional $100 for the event permit fee; this is considered a major event. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 12, 2012 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 SPECIAL EVENT REQUEST/TWILIGHT FESTIVAL 5K RUN ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for a Twilight Festival 5K Run produced by RAC Production to be held on March 10, 2012 from 8:00 a.m. to approximately 10:00 a.m. Commission is also requested to grant a temporary use permit per LDR’s section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard from 6:00 a.m. to approximately 10:00 a.m., and to authorize staff support for traffic control, barricading, clean up, and waiver of parking meter fees for Sandoway and Anchor parking lots. BACKGROUND Attached is a permit request received from Chelsea Midlarsky for this event, along with an event map, budget and other information. This proposed 5K Run is an additional activity proposed to be held in conjunction with the Wellness and Fitness Festival/Bike Race previously approved. The estimated overtime cost for this event is $2,985 and barricade rental $100 for a total estimated cost of $3,085. Per Special Event Policies and Procedures, the event producer is required to pay 100% of City costs. RECOMMENDATION Staff recommends consideration of approval of the special event permit, the temporary use permit, request for staff assistance, and waiver of the parking meter fees from 6:00 a.m. until 10:00 a.m. for Sandoway Park and Anchor parking lots with the following conditions: 1. Receipt of a Certificate of Liability Insurance and a Hold Harmless agreement by February 19, 2012. 2. Receipt of permit fee of $150 by January 27, 2012. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 4, 2012 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 AGREEMENTS FOR CONSULTING ENGINEERING SERVICES ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for Mayor to sign Engineering RFQ agreements with Corzo Castella Carballo Thompson & Salman, Craig A. Smith & Associates, Calvin Giordano & Associates, Kimley-Horn & Associates, Mathews Consulting, Inc. and Wantman Group. Project #12-057. BACKGROUND On 02 Oct 2011 Request for Qualifications were solicited from engineering firms for capital improvement projects contained in the City’s Capital Improvement Program (CIP). Thirty four firms responded and were reviewed by the selection committee. On 13 Dec 2011 City Commission gave staff approval to negotiate continuing contracts with; Corzo Castella Carballo Thompson & Salman, Craig A. Smith & Associates, Calvin Giordano & Associates, Kimley-Horn & Associates, Mathews Consulting, Inc. and Wantman Group. Attached are partially executed agreements from Corzo Castella Carballo Thompson & Salman, Craig A. Smith & Associates, Calvin Giordano & Associates, Kimley-Horn & Associates, Mathews Consulting, Inc. and Wantman Group. RECOMMENDATION Staff recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 4, 2012 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commision for an appointment to the Financial Review Board. BACKGROUND There is a vacancy on the Financial Review Board due to the resignation of regular member Ms. Rosalie Blood. The term is unexpired ending July 31, 2012. Appointment is needed for one (1) regular member. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City’s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City’s budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. 05-11 provided further amendments to clarify that the Board’s duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individual has submitted an application and would like to be considered for appointment: Applicant with experience in the professions required: Brian Wood Director/Senior Manager-Finance A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Financial Review Board for an unexpired term ending July 31, 2012. FINANCIAL REVIEW BOARD 01/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Unexp Appt 08/02/11 reg Appt 06/21/11 alt Anthony Cottone Business Owner/Finance 07/31/12 Unexp Appt 11/01/11 David Stein Business Owner 07/31/13 Unexp Appt 04/05/11 Reappt 06/21/11 John Hallahan Assistant Director of Operations/Retired 07/31/12 Unexp Appt Vacant 07/31/13 Appt 11/03/09 Reappt 6/21/11 Christina Morrison, Chair Realtor 07/31/13 Unexp Appt 04/05/11 Reappt 06/21/11 Jeff Ritter Management Consulting Professor 07/31/12 Appt 07/20/10 Luise Piane Executive Management ALTERNATES 07/31/13 Unexp Appt 01/03/12 Warren Trilling Retired-Certified Public Accountant 07/31/13 Unexp Appt Vacant Contact: Barbara Flynn X-7115 S/City Clerk/Board 11/Financial Review Board MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 4, 2012 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND There are vacancies on the Education Board for two (2) regular members due to Ms. Sharon Schwartz and Ms. Amanda Orndorff missing three (3) consecutive meetings. The terms are unexpired ending July 31, 2013, and July 31, 2012. Appointments are needed for two (2) regular members. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. John Pasqual. Based on the rotation system, the appointments will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve an unexpired term ending July 31, 2013, and Commissioner Alperin (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Education Board for an unexpired term ending July 31, 2013, and one (1) regular member to serve an unexpired term ending July 31, 2012. 01/12 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2013 Appt 07/05/11 LeAnne DeRigne Educator 07/31/2012 Unexp Appt 04/21/11 Jose Herrera Special Events Coordinator 07/31/2012 Appt 07/15/08 Reappt 07/20/10 Derline Pierre-Louis, Vice Chair President/Plan & Budget Reviewer 07/31/2012 Unexp Appt Vacant 07/31/2012 Appt 07/20/10 Debra Kaiser Senior Director 07/31/2012 Unexp Appt 11/15/11 Angela Burns Educator 7/31/2013 Unexp Appt 12/06/11 Julia Kadel Director of Admissions 07/31/2013 Unexp Appt Vacant 07/31/2013 Appt 06/21/11 Isabel Make Educator/Consultant 07/31/2013 Appt 08/02/11 Lee Cohen Educator 07/31/2013 Unexp Appt 12/07/10 Reappt 06/21/11 Myra Leavy Bazemore Educator STUDENT MEMBERS (one term limit) 7/31/2013 Appt 06/21/11 2 YEAR TERM Madison Aracri Student 7/31/2012 Appt 07/19/11 1 YEAR TERM Trevis Pridgen Student CITY REPRESENTATIVE: Janet Meeks – Education Coordinator 243-7231 COMMISSION LIAISON: EDUCATION BOARD EXHIBIT A Mary-Elizabeth Cohn Education/Sales & Consultant Claudia Flores Banking-Assistant Vice President Mary Leavenworth Director/Educator Sandra Owens Educator John Pasqual Surgeon Kevin Warner Educator (currently serving on the Police Advisory Board) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 13, 2012 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 GARBAGE RATE COMPARISONS ITEM BEFORE COMMISSION The Commission is requested to give direction to staff regarding how we should respond to Waste Management's proposals for extension of their franchise for solid waste collection within Delray Beach. BACKGROUND As previously requested, attached is a comparison of rates being charged to various cities for garbage collection services. We will double check on Tuesday to be sure no city charges have been included in these rates. Also attached is a memo with recommendtions from the Community Improvement Department. Staff is prepared to gather any additional information the Commission may wish to have on this subject. RECOMMENDATION If the franchise is to be extended, I recommend that the language of our franchise agreement be updated to correct any issues we have found with the existing agreement. l Page 1 Memo To: David Harden – City Manager From: Lula Butler -Director, Community Improvement Subject: Rate Comparisons for Waste Removal Services Date: January 13, 2012 Staff has completed the analysis of ten (10) Municipal Franchise Agreements within Palm Beach and Broward Counties. The municipalities vary in size and population having franchise agreements that have been either awarded or renewed within the past two (2) years. Waste Management has eight (8) of the agreements and Republic and Waste Pro each have one (1). The attached chart details the costs for residential, multifamily commercial services, as well as information regarding annual adjustments for your review. Each Franchise Agreement has variations or unique features, which are tailored to the municipality’s needs. As an example, Delray Beach has a clam truck and driver funded and assigned to the Code Enforcement Division by Waste Management. Each of the Agreements has some allocation for public participation and in-kind services provided to the municipality. Waste Management has presented a proposal to renew the existing Franchise Agreement with options of a 5-, 8-or 10-year contract. Staff would strongly suggest that if the Commission chooses to renew the Franchise Agreement, consideration should be given to having Waste Management assume the responsibility of servicing containers placed at all bus shelters under the same arrangement that exists for the City-provided pelican containers located within the downtown corridor. Placing solar-powered compactors at the high-traffic shelters would help balance the service level and cost to Waste Management. The City will realize a significant savings annually under this arrangement. LB:DQ Attachments Updated Information for Item 9.H. Schedule I – Rate Comparisons for Waste Removal Services Page 1 Delray Beach Highland Beach Jupiter Margate Miramar (Pop 60,522) (Pop 3,539) (Pop 55,156) (Pop 53,284) (Pop 122,041) Contract Period Current 10/1/08 – 9/30/13 1999 (original contract) 12/31/14 3-yr term option 3/1/07 – 2/28/12 5-yr renewal option 10/1/09 – 9/20/12 3-yr renewal option 5/1/11 – 4/30/16 Residential Curbside Cart $11.42 Rear $21.69 Bag $ 9.38 $10.63 $11.52 $26.78 $18.75 (optional curb-side bags) Residential Multi-Family Container $5.74/unit $5.89/unit $7.25/unit $26.65/unit $104.27/cubic yd/wk (dumpster) Commercial Container $5.64/yd $6.36 $7.61 $16.32 $204.58/cubic yd/wk Roll-Off Rate Per Pull $230.28 Compactor $173.32 >12 cy >12 cy Compactor $225 $190.03 $361.50 Fuel Adjustment Provision Yes (Table) Annual Adj. Yes (Table) Quarterly Adjustment Yes – petition to town/basis/extraordinary or unusual Yes Table Annual Adjustment *no increase for first 3 years of contract except under extraordinary conditions Other Significant Rate Adjustment Provisions * Annual CPI increase not to exceed 5% Rolling CPI (5% max cap per yr) Rolling CPI (5% max cap per yr) Rolling CPI (up to 5% annually) Same as above Roll-Off Exclusive No Yes No Yes Yes Company Waste Management Waste Management 5-yr option renewed Waste Management 3-yr option renewed Waste Management Waste Pro *All municipalities have a provision allowing for extraordinary or unusual operation costs Updated Information for Item 9.H. Schedule I – Rate Comparisons for Waste Removal Services Page 2 Delray Beach P.B. Gardens Riviera Beach Royal Palm Bch Tamarac (Pop 60,522) (Pop 48,452) (Pop 32,488) (Pop 34,140) (Pop 60,427) Contract Period Current 10/1/08 – 9/30/13 4/106 – 3/30/12 3/1/11 – 9/30/16 10/1/12 – 9/30/17 10/2011 – 10/2020 Residential Curbside Cart $11.42 Rear $21.69 Bag $ 9.38 $8.96 $10.74 $10.39 $14.43 $42.60 (rear door) n/a Residential Multi-Family Container $5.74/unit $6.98/unit $10.59/unit $10.32/unit $ 5.12/unit $12.53/dumpster Commercial Container $5.64/yd $ 7.15/yd $18.15/yd $9.64/yd $14.74/yd (includes disposal fee) Roll-Off Rate Per Pull $230.28 $194.00 $193.39 $217.89 $293.00 Fuel Adjustment Provision Yes (Table) Annual Adj. Extraordinary rate adjustment -unusual changes in fuel costs. Reports & requests submitted quarterly 2.5% Based on 12-month Change Up to 3% annually, based on CPI. Yes Combined with CPI Other Significant Rate Adjustment Provisions * Annual CPI increase not to exceed 5% Increase based on 80% of CPI (7/1 – 6/30) fees adjusted April 1 each yr Annual comparison to last 12 months CPI Increased costs based on SWA disposal rate CPI & fuel index published by US Dept of Energy; not to exceed 5% total Roll-Off Exclusive No No Yes Yes Yes Company Waste Management Waste Management (New 5-yr renewal in place) Waste Management Republic Waste Management *All municipalities have a provision allowing for extraordinary or unusual operation costs Updated Information for Item 9.H. Schedule I – Rate Comparisons for Waste Removal Services Page 3 Delray Beach Wellington West Palm Beach (Pop 60,522) (Pop 56,508) (Pop 99,919) Contract Period Current 10/1/08 – 9/30/13 2008 – 2015 5/2009 – 6/2012 (recycling only) Residential Curbside Cart $11.42 Rear $21.69 Bag $ 9.38 $11.74 City Pick-Up Residential Multi-Family Container $5.74/unit $9.34/unit City Pick-Up Commercial Container $5.64/yd $5.82/yd City Pick-Up Roll-Off Rate Per Pull $230.28 Negotiated: (1) Republic (2) Waste Mgmt (3) Southern City Pick-Up Fuel Adjustment Provision Yes (Table) Annual Adj. No 12-month adjustable fuel modifier (table) Other Significant Rate Adjustment Provisions * Annual CPI increase not to exceed 5% CPI annual adjustment No Maximum Extraordinary Rate Adjustment Roll-Off Exclusive No No Company Waste Management Waste Mgmt Waste Mgmt provides recycling services only *All municipalities have a provision allowing for extraordinary or unusual operation costs MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 10, 2012 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 RESOLUTION NO. 02-12/FIRE ASSESSMENT FEE ITEM BEFORE COMMISSION Approval of Resolution No. 02-12, providing for a fire assessment fee, if adopted, to be placed on the property tax bill for the fiscal year beginning October 1, 2012 and providing for a fire assessment fee for fiscal year 2011/2012 to be direct billed by the City. BACKGROUND While considering the City's budget for Fiscal 2012, after cutting some $4,300,000 from departmental budget requests the Commission decided that it would be more fair to institute a fire assessment fee to raise the additional $3,200,000 needed to balance the budget, rather than increasing the property tax by approximately 0.55 mills. Therefore the adopted budget for FY 2012 includes $3,200,000 in revenue from a fire assessment fee. The proposed assessments will raise this amount, based on an assumed 95% collection rate. Resolution 2-12, if adopted, provides for the placement of a fire assessment fee on the non-ad valorem tax roll starting with the fiscal year beginning October 1, 2012 and for direct billing of a fire assessment fee by the City for fiscal year 2011/2012. This fee would recover a portion of the annual cost the City spends on providing fire protection service to properties within the City. Based on the direction the Commission gave at its November 15, 2011 Commission meeting, the rate for residential and nonresidential assessments is based on a tiered approach according to the square footage of the property. The fire rescue assessment study final report sets forth the methodology used. If the Commission approves the resolution the City will bill the property owners for the assessment for fiscal year 2011/2012. Thereafter the assessment will be on the Palm Beach County non-ad valorem assessment roll and billed on the annual property tax bill. RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION NO. 02-12 RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA ADOPTING A SCHEDULE OF NON-AD VALOREM ASSESSMENTS FOR FIRE RESCUE OPERATIONS AND FIRST RESPONSE FOR THE FISCAL YEAR 2011-2012 AND ANNUALLY THEREAFTER. WHEREAS, Sections 197.3632 and 170.201 Florida Statutes authorize the City Commission for the City of Delray Beach, (“the Commission”) to levy and assess non-ad valorem assessments for the purpose of funding fire rescue services and first response; and WHEREAS, all notices required by Section 197.3632 and 170.201 Florida Statutes in order to utilize the county tax roll for collection of assessment have been published in a daily newspaper of local circulation within Palm Beach County as required by law; and WHEREAS, on November 15, 2011, at a public hearing the Commission adopted Resolution No. 49-11 determining to use the county tax roll to collect said non-ad valorem assessments; and WHEREAS, at the conclusion of the hearing on November 15, 2011, the Commission determined to go forward with the adoption of a schedule of non-ad valorem assessments and set a final hearing for January 17, 2012; and WHEREAS, all individual first class mail notices and notice by publication to all owners of taxable property within the City of Delray have been prepared and served as required by Sections 197.3632 and 170.201 Florida Statutes; and WHEREAS, the Commission has heard all testimony and considered all evidence including a report by Burton & Associates regarding the proposed assessment methodology and assessment schedule, adopted and included herein as Attachment A (the Burton Report); and WHEREAS, the Commission has determined the proposed schedule of assessments is equitable, fair and allocates assessments in accordance with the benefit received by individual property owners; and WHEREAS, all improved property within the City of Delray Beach is benefitted by fire rescue services and first response by increased property values and reduced fire insurance rates; and WHEREAS, the benefits of the assessment substantially exceed the financial burdens of the assessment; and 2 Res No. 02-12 WHEREAS, assessments will be levied proportionately on assessable property based upon the proportion of benefits received. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF DELRAY BEACH: Section 1. That the Burton report assessment methodology, costs, benefits, equitable apportionment and schedule of non-ad valorem assessments proposed to be levied against all assessable, non-exempt property within the City is hereby approved and adopted. Section 2. That the said assessments shall be collected by the City of Delray Beach for fiscal year 2011/2012. Section 3. That the said assessments shall be collected by the Palm Beach County Tax Collector for fiscal year 2012/2013 and annually thereafter. Section 4. That this resolution shall be effective upon adoption. PASSED AND ADOPTED in regular session on the 17th day of January, 2012. _________________________________ M A Y O R Attest: ____________________ ________ City Clerk Presented by: 1 City of Delray Beach Fire Assessment Study City Commission Meeting January 17, 2012 Presentation of Results Additional Information for Item 10.A. Introduction of Burton & Associates  Burton & Associates Firm Background  Multi-year financial planning and rate services to local governments since 1988  Fire Assessment development has been a significant portion of our practice over the past ten years  Some of our Fire Assessment clients  Brevard County, Lauderdale-by-the-Sea, Deltona, Cape Coral, Orange Park, New Port Richey  Some of our clients in the Southeast Florida area  Fort Lauderdale, Lake Worth, Coconut Creek, Lauderdale-bythe-Sea, Davie, Coral Springs, Key Biscayne  Project Staff  Mike Burton – President & Project Director  Andy Burnham – Senior Vice President & Project Manager 2 Additional Information for Item 10.A. 3 Project Scope  Develop a Fire Assessment Program for the City:  Identify an assessment rate structure to achieve a fair and equitable relationship between:  The benefit received by properties, and  The cost burden of the assessment  Develop a ten-year Fire Service financial management plan  Prepare the assessment roll, final report, and provide implementation assistance Additional Information for Item 10.A. 4 Background  Fire Assessments are an alternative revenue source to more fairly recover the cost of Fire/Rescue Services  Emergency Medical Services (EMS) costs cannot be included in a Fire Assessment per a Florida Supreme Court decision  Fire costs must be apportioned to properties based upon benefit  Benefit criteria include:  Watch Standing Benefit – The maintenance of facilities, equipment, and personnel to provide fire suppression services within acceptable response times – 99% of Fire Costs  Service Benefit – Actual calls for service made to property classes: -1% of Fire Costs (marginal costs of making calls, primarily fuel) Additional Information for Item 10.A. The Analysis  Cost determination  Performed a detailed allocation of Fire Rescue costs to Fire and Emergency Medical Service (EMS)  Included only Fire costs in the Fire Assessment  Property data  Provided by the Palm Beach County Property Appraiser  Compiled into a Fire Assessment database  Used Department of Revenue (DOR) land use codes to:  Determine allocation of costs to residential and non-residential property classes based upon square feet of developed space  Determine properties to be exempted or excluded from the Fire Assessment (described on next slide)  Database used to calculate assessment rates by property class and specific assessments for each parcel and prepare the Fire Assessment roll upon approval 5 Additional Information for Item 10.A. The Analysis  Property data ( Cont’d)  Exempted property classes (not included in the cost apportionment)  Vacant  Religious institutions  Public County schools  Federal buildings  Rivers and lakes, right-of-way/buffers, etc.  Excluded property classes (included in the cost apportionment but not included in the assessment roll)  Districts  City property  County property 6 Additional Information for Item 10.A. RESIDENTIAL REVENUE ALLOCATION RESIDENTIAL ASSESSMENT REVENUE $ 2,658,064 TOTAL RES ASSESSMENT $ 2,658,064 Tiered Rate Structure Block Top Frequency ERU # of Eq. Units Rate 1,000,000 369 3.09 1,140 $ 263.00 5,000 930 2.19 2,037 $ 186.00 3,500 5,273 1.42 7,488 $ 121.00 2,000 12,200 1.00 12,200 $ 85.00 1,200 14,214 0.61 8,671 $ 52.00 32,986 31,535 RESIDENTIAL ALLOCATIONResidential Assessment Rates 7 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 1,200 2,000 3,500 5,000 1,000,000 Additional Information for Item 10.A. NON RESIDENTIAL REVENUE ALLOCATION $ 765,762 $ 765,762 Tiered Rate Structure Block Top Frequency ECU # of Units Rate 1,000,000 72 15.00 1,080 $ 3,552.00 50,000 19 12.50 238 $ 2,960.00 40,000 23 10.00 230 $ 2,368.00 30,000 43 7.50 323 $ 1,776.00 20,000 41 5.00 205 $ 1,184.00 15,000 70 3.75 263 $ 888.00 10,000 48 2.50 120 $ 592.00 8,000 91 2.00 182 $ 474.00 6,000 139 1.50 209 $ 355.00 4,000 114 1.00 114 $ 237.00 3,000 221 0.75 166 $ 178.00 2,000 305 0.50 153 $ 118.00 1,000 127 0.25 32 $ 59.00 500 731 0.13 95 $ 31.00 2,044 3,407 NON RESIDENTIAL ASSESSMENT REVENUE NON RESIDENTIAL ALLOCATION TOTAL NON RESIDENTIAL ASSESSMENT Non-Residential Assessment Rates 8 Additional Information for Item 10.A. Assessment Revenue Summary 9 FIRE ASSESSMENT REVENUE SUMMARY RESIDENTIAL ASSESSMENT REVENUE 2,658,064 NON RESIDENTIAL ASSESSMENT REVENUE 765,762 TOTAL REVENUE (1) $ 3,423,826 (1) Equals approximately 16% of annual fire protection service costs Additional Information for Item 10.A. Survey 10 0 20 40 60 80 100 120 140 160 180 200 Boca Raton Boynton Beach Pompano Beach Coral Springs Fort Lauderdale Deerfield Beach Hollywood Boca Raton Boynton Beach Pompano Beach Coral Springs Fort Lauderdale Deerfield Beach Hollywood FY 2012 Fee 80 88 111 128.77 135 143 189 FY 2011 Fee 60 68 111 114.84 135 143 159 FY 2011 & 2012 Fire Assessment Fee Comparison Survey Delray Beach Proposed Average Residential Assessment Additional Information for Item 10.A. Recommendations  Consider adoption of Fire Assessments as presented herein  Residential  Tiered rates by the amount of developed square feet per unit on each parcel  Non Residential  Tiered rates by the amount of developed square feet on each parcel  Financial plan  Review the assessments periodically to ensure adequate financial resources to fund all fire costs  Fire Assessments  Other operating revenue (payments from other communities served)  General Fund 11 Additional Information for Item 10.A. 12 Discussion Additional Information for Item 10.A. January 17,2012 Additional Information for Item 10.A. Projected Revenues  At 2011 millage rate (7.19) $89,016,810  Each 1/10th mill equals $582,568 Additional Information for Item 10.A. Projected Expenses  Initial Budget Requests $96,953,030  Net cuts made $4,210,050  Remaining Expenses $92,742,980  Balance needed at 7.19 mills $3,726,170 Additional Information for Item 10.A. Recommended Changes to Balance Budget at 7.19 mills for Operations  Grants 313,360  Increase Parking Fees 204,100  Increase Parks and Planning Fees 40,420  Fire Service Assessment 3,168,290  Or increase the millage 0.55 mills  Total Revenue Increase $3,726,170 Additional Information for Item 10.A. Has the City Cut Its Expenses?  2007 Property Tax Revenue $59,021,613  2012 Property Tax Revenue $45,460,725  A 23% reduction in property taxes  2007 General Fund Budget $103,115,460  2012 General Fund Budget $93,356,270 Additional Information for Item 10.A. Actions Taken to Cut Costs  Offered early retirement for General Employees  Eliminated or frozen positions  Increased employee pension contributions  Reduced General Employee pension benefits  Frozen salaries and wages  Eliminate two paid holidays for Fire and Police  Reduced Retiree Health Trust contributions  Reduced energy usage  Reduced use of overtime Additional Information for Item 10.A. Frequently Asked Questions (FAQs) Q: What is the Fire Assessment Fee? A: The Fire Assessment Fee is a new proposed fee that will fund fire related services only (i.e., fire station facilities, equipment, trucks) similar to fees charged in neighboring cities (i.e., Boca Raton, Boynton Beach, West Palm Beach, etc.). The total amount of revenue estimated to be collected from the fee is $3.34 million per year, which is only a portion of the $18.9 million of fire-related expenses in the Fire-Rescue Department’s operating budget for Fiscal Year 2012. This revenue will not increase the Fire-Rescue’s budget or salaries. Instead, it provides a new revenue source to offset the decline in other revenue sources, such as property taxes. Q: Why is this being done? A: The City’s funding from property taxes, a main source of City revenue, has decreased significantly because of the decline in home values, extra property tax exemptions and an increase in homestead exemptions that were approved by the State Legislature. Currently, there are over 600 property owners who pay no property taxes to the City and almost 6,000 properties that pay $200 or less. If a property is valued below $50,000 and it qualifies for the $50,000 homestead exemption, that property will pay no City property taxes. Further, if the City Commission had raised the Ad-Valorem (property) tax rate, the property owners who currently pay no taxes would continue to pay no taxes. The Fire Assessment Fee (a Non Ad-Valorem fee) helps ensure that all homeowners contribute and creates a more fair system. This fee will also assist in maintaining the high level of service the City provides and will also help to maintain the insurance rating level that lowers homeowner insurance rates for the community. Q: What happens if I don’t pay, will Fire-Rescue still respond? A: Absolutely. Fire-Rescue will respond to a call regardless of whether the fee is paid. If the assessment is not paid for Fiscal Year 2011/2012, a lien may be placed on the property. If the bill is not paid in future years, a tax certificate will be issued against the property. Q: What does Non Ad-Valorem mean? A: Non Ad-Valorem is a fee that is not calculated based on property value. Q: How is the fee determined? A: The Fire Assessment is calculated based on on-site building square footage of all improvements on the property (see table below). The square footage that has been identified for each parcel of property (residential and commercial) was provided by the Palm Beach County Property Appraiser’s Office: www.pbcgov.com/papa/(Note: Information on finding the square footage for all structures on each property can be found at the bottom of this FAQ document). Q: How much will this cost me? A: The amount of the Fire Assessment Fee is identified in the chart above and is based on the on-site building square footage for all improvements on a parcel of property. Further, this information was outlined in a notarized letter that was sent to all property owners within the City in December 2011. Q: Will this reduce my taxes? A: No. However, it will provide an additional, stable revenue source for the City when property tax revenues are declining due to falling home values. Q: Does this apply to both commercial and residential properties? A: Yes. There are tiered rate tables (see above) based on on-site building square footage for all improvements on a parcel of property. The tiered rates provide for a more fair payment system, which is based upon the need for fire service readiness for various sized structures within the City. Q: Why is a Public Hearing being held? A: The Public Hearing is an opportunity for property owners to voice their comments and opinions to the City Commission about the proposed Fire Assessment Fee. The Public Hearing for this proposed fee has been set for Tuesday, January 17, 2012, at 7 pm in City Hall, 100 NW 1st Avenue. You may also send your comments in writing to the Commission within 30 days of the date of the notice/letter that was mailed in December 2011. Q: Why does the letter that was mailed in December 2011 mention a first Public Hearing and a final Public Hearing? A: The January 17th Public Hearing is planned to be the only Public Hearing. However, if the Commission decides to defer a decision and/or obtain additional public comment, another Public Hearing could be scheduled. After public comments have been heard and the Public Hearing is closed, the City Commission will make a decision regarding implementing the proposed Fire Assessment Fee. Q: When do I have to pay this? A: If the City Commission adopts the fee, owners will receive a bill in the mail for the Fiscal Year 2011/2012 (current year). The fee will then be included on your property tax bill that is provided by the Palm Beach County Tax Collector beginning in the Fall of 2012. Q: Why has the City not advertised or notified the public of this issue previously? A: The City has made multiple efforts to notify the public of this proposed fee. The proposed Fire Assessment Fee was discussed at various City Commissions meetings and workshops and was included in the September 2011 News for Neighborhoods newsletter that is provided in all utility (water) bills and posted on the City’s website. In addition, the City prepared press releases that were issued on September 2, 2011 and on December 9, 2011. These press releases were posted on the City’s website, sent out to all local media, Twitter followers and City E-mail subscribers. Further, the City included information about this proposed fee on the back of the January 2012 utility bill. A legal advertisement regarding the scheduled Public Hearing in accordance with state law was published on Monday, December 26, 2011 and Friday, January 6, 2012 in the Palm Beach Post. Q: Why is the letter written in “legalese” rather than in plain English? A: The letter, by state law, must meet various requirements. We apologize for any confusion that the letter has caused. The letter was sent out to all property owners and we included the contact phone number so the public could call and speak directly to staff about any concerns regarding the proposed fee. The City encourages everyone to read the letter and attend the Public Hearing or provide written comments to the City Commission. If you have any questions, contact the City’s Public Information Office at (561) 243-7190 or E-mail PIO@mydelraybeach.com. Tool for Checking Property Square Foot/Tax Bill The square footage used in the Fire Assessment calculation is a building square footage number (which may be less than the total square footage of improvements on a property). Building square footage includes all areas under a roof with areas such as a covered porch (without AC) included at a reduced square footage amount. The square footage number available on the Property Appraiser’s website is a total square footage number which may be higher than the building square footage number used in the Fire Assessment calculation. To check the total square footage of all improvements on a parcel of property: • Go to the Palm Beach County Property Appraiser’s website at http://www.pbcgov.com/papa/• Click on “Record Search” in the upper left hand corner • You can then search by “Owner” or “Address” or Parcel Id number (“P.C.N”) • Once you click on the property owner and/or address from the search results, you will go to an individual screen for that property. Scroll down towards the middle of the page and the property’s square footage is provided under “Property Information” in the “Appraisals” section. • In addition, near the bottom of the page, you can click on the “Details” button in the Taxes section; this link provides a breakdown of a property tax bill (or if there is no information on this link, you can click over to the Tax Collector website on the link provided under the “Taxes” chart at the bottom of the page). A large portion of all annual tax bills for properties within the City of Delray Beach are paid to other governmental agencies (i.e., Palm Beach County, Palm Beach County School Board, South Florida Water Management District, Palm Beach County Health Care District, etc.) than the City of Delray Beach. City of Delray Beach FIRE RESCUE ASSESSMENT STUDY FIINAL REPORT January 4, 2012 Specialists in Governmental Economics 200 Business Park Circle, Suite 101 St. Augustine, FL 32095 (904) 247 0787 Burton & Associates 200 Business Park Circle, Suite 101  St. Augustine, Florida 32095  Phone (904) 247-0787  Fax (904) 241-7708 E-mail: mburton@burtonandassociates.com January 4, 2012 Mr. David Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Fire Rescue Assessment Study – Final Report Dear Mr. Harden: Burton & Associates is pleased to present this Final Report of the Fire Rescue Assessment Study that we have performed for the City. We appreciate the fine assistance provided by you and all of the members of City staff who participated in the analysis. If you have any questions, please do not hesitate to call me at (904) 247-0787. Very truly yours, Michael E. Burton President Enclosure FIRE RESCUE ASSESSMENT STUDY TABLE OF CONTENTS BURTON & ASSOCIATES i City of Delray Beach Specialists in Governmental Economics Final Report -TABLE OF CONTENTS SECTION 1. INTRODUCTION ........................................................................................................... 1 1.1 OBJECTIVE AND SCOPE ................................................................. .................................................... 1 1.2 STUDY PROCEDURES ......................................................................................................................... 1 SECTION 2. CALCULATION OF THE ASSESSMENT .................................................................. 3 2.1 BACKGROUND ........................................................................ .......................................................... 3 2.2 ANALYSIS ............................................................................................................................. ........... 3 2.2.1 Cost of Service & Revenue Requirement ................................................................................ 3 2.2.2 Finding of Benefit ................................. ................................................................................ 13 2.2.3 Fire Service Cost & Revenue Requirement Allocation Based Upon Benefit Conferred ....... 14 2.2.4 Fire Rescue Assessment Rate Classes .................................................................................. 16 2.2.5 Assessment Rate Structure ............................................. ....................................................... 19 2.3 RESULTS ................................................................................................................................ ........ 20 2.3.1 Residential Fire Rescue Assessment ..................................................................................... 20 2.3.2 Non-Residential Fire Rescue Assessment ............................................................................. 21 2.4 CONCLUSIONS & RECOMMENDATIONS .................................................................................... ....... 23 2.5 SURVEY OF OTHER JURISDICTIONS ................................................................................................. 25 2.5.1 FY 2011 & FY 2012 Survey of Fire Rescue Assessments ..................................................... 26 FIRE RESCUE ASSESSMENT STUDY 1. INTRODUCTION BURTON & ASSOCIATES 1 City of Delray Beach Specialists in Governmental Economics Final Report SECTION 1. INTRODUCTION This report presents the results of an analysis to develop a non-ad valorem Fire Rescue Assessment Program (Fire Rescue Assessments) to recover the cost of fire protection services from properties that benefit from these services provided by the City of Delray Beach (City). The term “fire protection service” as used in this study refers to the twenty-four hours per day, seven days per week service for fire suppression provided by the City to properties located within its limits. This study was conducted by Burton & Associates, a firm that specializes in providing rate and assessment consulting services to local governments. 1.1 OBJECTIVE AND SCOPE The objective of this study was to develop Fire Rescue Assessments that would recover all or a portion of the annual cost requirement of providing fire protection service to properties within the City limits for FY 2012 and FY 2013. 1.2 STUDY PROCEDURES During this study we identified the full FY 2012 and FY 2013 cost components and revenue requirements (i.e. costs less offsetting revenues provided by other sources) for the provision of fire protection service that recognize the high level of service that has traditionally been provided. We accomplished this through interactive work sessions with City staff. During these work sessions, we performed a detailed allocation of all Fire Department costs and offsetting revenues to Fire Rescue Service and Emergency Medical Service (EMS)1. After isolating the Fire Rescue Service costs and offsetting revenues, we then calculated the recommended Fire Rescue Assessments presented in this report that will recover a portion of the revenue requirement for fire protection service for FY 2012 and FY 2013. 1 EMS costs cannot be included in a fire services assessment based upon a Florida Supreme Court decision. FIRE RESCUE ASSESSMENT STUDY 1. INTRODUCTION BURTON & ASSOCIATES 2 City of Delray Beach Specialists in Governmental Economics Final Report In order to initiate our analysis, we obtained the City’s historical and budgeted information for the Fire Department, including historical operating expenditures, the FY 2012 operating budget, and the capital improvement program. We then performed a lineitem cost allocation to remove EMS costs in order to determine the cost components associated with providing fire protection service that could be recovered by a Fire Rescue Assessment Program. These costs were then adjusted based upon cost escalation factors reviewed with City staff to identify the projected FY 2013 fire protection service costs. To determine the FY 2012 & FY 2013 revenue requirements associated with providing fire protection service, we identified all costs associated with the provision of Fire Rescue Service and then deducted offsetting revenues from the full cost of service, such as revenues for service provided to the City of Gulf Stream and the City of Highland Beach. The fire protection service revenue requirement for FY 2012 was then apportioned to residential and non-residential properties based upon property data obtained from the Palm Beach County Property Appraiser’s Office. Once the revenue requirement was apportioned between these property types, a Fire Rescue Assessment fee structure was developed for each property type, the results of which are presented herein. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 3 City of Delray Beach Specialists in Governmental Economics Final Report SECTION 2. CALCULATION OF THE ASSESSMENT This section presents the basis for and the results of the calculation of the Fire Rescue Assessments designed to recover a portion of the cost of providing fire protection services in the City. 2.1 BACKGROUND The development of a non-ad valorem assessment for fire protection service requires that the service for which properties are to be charged confer a special benefit on that property burdened by the special fee. Simply stated, there must be a logical relationship between the service provided and the benefit to real property assessed for the cost of this service. In order to satisfy this requirement, the costs associated with providing the service must be reasonably apportioned to the properties that receive a benefit from fire protection service in proportion to the benefit received. Therefore, the recommended Fire Rescue Assessments calculated in this study were developed such that the costs of providing fire protection service will be recovered through assessments to properties in proportion to the benefit received by the availability of fire protection service to those properties. 2.2 ANALYSIS This section presents an overview of the analysis that was conducted to develop fair and equitable Fire Rescue Assessments that conform to legal standards required for such types of assessments or fees. 2.2.1 COST OF SERVICE & REVENUE REQUIREMENT In order to develop the Fire Rescue Assessments, it was first necessary to determine the cost of providing fire protection services to all properties located within the City limits. As such, Burton & Associates conducted several interactive work sessions with City staff during which we accomplished a line-item allocation of all Fire Department costs to Fire FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 4 City of Delray Beach Specialists in Governmental Economics Final Report Rescue Service and to Emergency Medical Service (EMS)2. This analysis determined how much of the total FY 2012 operating budget (including personnel, operating, and minor capital expenses), debt service requirements, and capital improvement expenditures for the Fire Department was associated with Fire Rescue Service. The Fire Rescue Service costs were then escalated to FY 2013 based upon line-item cost escalation factors discussed with City staff. Once the FY 2012 and FY 2013 Fire Rescue Service costs were determined, all offsetting revenues received by the Fire Department (such as revenues from inter-local service agreements, plan reviews, hazardous materials programs, etc.) were allocated to Fire Rescue Service and EMS, with the Fire Rescue Service portion of the revenues being deducted from the FY 2012 and FY 2013 cost of Service to determine the full amount of the Fire Rescue Service revenue requirement that could be recovered via a non-ad valorem assessment program. The basis of the cost and offsetting revenue allocations described above is presented in the following sub sections. FY 2012 Operating Budget Allocation Personnel -The analysis of personnel costs was based upon the premise that in order to provide fire protection service only, all personnel that are classified as firefighter/paramedic/EMT would only need to be qualified as firefighters (the City hires personnel qualified as firefighter/paramedic/EMT in order to provide efficiencies through cross training). Based upon discussions with Fire Department Management it was determined that 1) an estimated 90.3% of the workforce is qualified as firefighters/paramedics/EMTs, and 2) the average salary of a firefighter would be approximately 85.5% of the average salary of a firefighter/paramedic/EMT. As such, 14.5% of the cost for 90.3% of the personnel was allocated 100% to EMS Service, with the remaining personnel expenses being allocated to Fire Rescue Service, resulting in an overall allocation of all personnel costs of approximately 87% to Fire Rescue Service. 2 EMS costs cannot be included in a fire services assessment based upon a Florida Supreme Court decision. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 5 City of Delray Beach Specialists in Governmental Economics Final Report Operating Expenses and Minor Capital – These costs were allocated to Fire Rescue Service and EMS by assigning all or portions of the costs to each service based upon interviews with Fire Department Management as to what the specific expense was for and which service it benefitted. Based upon this analysis, approximately 72% of these costs were allocated to Fire Rescue Service. The following schedule presents the detailed allocation of the FY 2012 operating budget. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 6 City of Delray Beach Specialists in Governmental Economics Final Report FY 2012 Fire Department Operating Budget Allocation Div Code Item # Description 2012 Bgt FY 12 EMS $ FY 12 Fire $ Div 11 FIRE ADMINISTRATION Div 11 PS 12-10 REGULAR SALARIES/WAGES 911,790 118,638 793,152 Div 11 PS 12-20 HOLIDAY PAY 440 57 383 Div 11 PS 12-30 TERM. PAY/SICK & VACATION ---Div 11 PS 14-10 OVERTIME ---Div 11 PS 15-45 EDUCATION/CERTIFICATION 1 7,640 2,295 15,345 Div 11 PS 15-50 OTHER PAY ---Div 11 PS 21-10 EMPLOYER FICA 6 6,920 8,707 58,213 Div 11 PS 22-10 GENERAL EMPL. RETIREMENT 4 4,850 5,836 39,014 Div 11 PS 22-20 POLICE & FIRE RETIREMENT 205,990 26,803 179,187 Div 11 PS 22-30 ICMA CONTRIBUTION 1 2,340 1,606 10,734 Div 11 PS 22-40 RETIREE HEALTH TRUST 3,450 449 3,001 Div 11 PS 23-10 LIFE INSURANCE 1 1,060 1,439 9,621 Div 11 PS 23-20 DISABILITY INSURANCE 3,740 487 3,253 Div 11 PS 23-30 HEALTH INSURANCE 100,120 13,027 87,093 Div 11 PS 24-10 WORKERS COMPENSATION 2 0,840 2,712 18,128 Div 11 PS 25-10 UNEMPLOYMENT COMPENSAT 460 60 400 Div 11 PS 25-20 EMPLOYEE ASSISTANCE PRO 430 56 374 Div 11 OMF 31-20 MEDICAL ---Div 11 OMF 31-90 OTHER PROFESSIONAL SERVI 2 0,200 -20,200 Div 11 OMF 34-10 JANITORIAL SERVICES 8,640 -8,640 Div 11 OMF 34-20 PEST CONTROL SERVICES 4,090 -4,090 Div 11 OMF 34-40 TEMPORARY SERVICES ---Div 11 OMF 34-90 OTHER CONTRACTUAL SERVIC 5,540 -5,540 Div 11 OMF 40-10 TRAVEL & TRAINING 1 0,090 1,200 8,890 Div 11 OMF 41-10 TELEPHONE EXPENSE 4,030 -4,030 Div 11 OMF 41-15 PORTABLE PHONE/MDD 7,140 -7,140 Div 11 OMF 42-10 POSTAGE 4,500 -4,500 Div 11 OMF 42-20 EXPRESS CHARGE/MESSENGE 1,500 -1,500 Div 11 OMF 43-10 ELECTRICITY 8 4,550 -84,550 Div 11 OMF 43-20 WATER & SEWER 1 2,840 -12,840 Div 11 OMF 43-25 IRRIGATION WATER 1 3,350 -13,350 Div 11 OMF 43-30 WASTE COLLECTION & DISP. 6,150 -6,150 Div 11 OMF 43-40 GAS 1 1,000 -11,000 Div 11 OMF 43-50 STORMWATER ASSESSMENT 5,500 -5,500 Div 11 OMF 44-30 EQUIPMENT RENTAL/LEASES 1 0,550 -10,550 Div 11 OMF 44-40 VEHICLE RENTAL/LEASES 100 -100 Div 11 OMF 44-45 VEHICLE RENTAL-GARAGE 1 9,710 -19,710 Div 11 OMF 45-10 GENERAL LIABILITY 4 7,960 -47,960 Div 11 OMF 45-90 OTHER INSURANCE COSTS ---Div 11 OMF 46-10 BUILDING MAINTENANCE 150,000 -150,000 Div 11 OMF 46-20 EQUIPMENT MAINTENANCE 2 4,430 -24,430 Div 11 OMF 46-30 VEHICLE MAINT.-GARAGE 1 3,300 -13,300 Div 11 OMF 46-90 OTHER REPAIR/MAINT. COSTS ---Div 11 OMF 47-10 PRINTING/BINDING SERVICES 5,000 -5,000 Div 11 OMF 48-20 EMPLOYEE AWARDS 1,500 -1,500 Div 11 OMF 48-30 REFRESHMENT/FOOD/MEETIN 2,550 -2,550 Div 11 OMF 49-10 ADVERTISING ---Div 11 OMF 49-90 OTHER CURRENT CHARGES ---Div 11 OMF 51-10 STATIONERY/PAPER/FORMS 2,430 -2,430 Div 11 OMF 51-20 OFFICE EQUIP. < $1,000 3,000 -3,000 Div 11 OMF 51-90 OTHER OFFICE SUPPLIES 1 3,870 -13,870 Div 11 OMV 52-10 FUEL/LUBE VEHICLES 1 2,670 -12,670 Div 11 OMF 52-18 BUNKER GEAR 4,270 -4,270 Div 11 OMF 52-20 GENERAL OPER. SUPPLIES 4,750 -4,750 Div 11 OMF 52-22 UNIFORMS/LINEN SERVICES 6,550 -6,550 Div 11 OMF 52-25 JANITORIAL SUPPLIES 1 9,000 -19,000 Div 11 OMF 52-27 EQUIPMENT < $1,000 9,700 -9,700 Div 11 OMF 54-10 BOOKS & PUBLICATIONS 220 -220 Div 11 OMF 54-15 SUBSCRIPTIONS 260 60 200 Div 11 OMF 54-20 MEMBERSHIPS 3,020 210 2,810 Div 11 OMF 54-30 TRAINING/EDUCATION COSTS 6,000 3,910 2,090 Div 11 OMF 54-35 TUITION REIMBURSEMENT 3,780 -3,780 Div 11 CO 64-10 OFFICE FURN./FIXTURES ---Div 11 CO 64-11 COMPUTER EQUIPMENT ---Div 11 CO 64-90 OTHER MACH./EQUIPMENT 1 7,000 -17,000 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 7 City of Delray Beach Specialists in Governmental Economics Final Report FY 2012 Fire Department Operating Budget Allocation Div Code Item # Description 2012 Bgt FY 12 EMS $ FY 12 Fire $ Div 13 Div 13 HIGHLAND BEACH --Div 13 PS 12-10 REGULAR SALARIES/WAGES 1,594,960 207,529 1,387,431 Div 13 PS 12-20 HOLIDAY PAY 5 4,100 7,039 47,061 Div 13 PS 12-30 TERM. PAY/SICK & VACATION 1 3,600 1,770 11,830 Div 13 PS 14-10 OVERTIME 190,840 24,831 166,009 Div 13 PS 15-45 EDUCATION/CERTIFICATION 2 5,080 3,263 21,817 Div 13 PS 15-50 OTHER PAY 1,130 147 983 Div 13 PS 21-10 EMPLOYER FICA 135,390 17,616 117,774 Div 13 PS 22-20 POLICE & FIRE RETIREMENT 630,120 81,989 548,131 Div 13 PS 22-40 RETIREE HEALTH TRUST 3 4,760 4,523 30,237 Div 13 PS 23-10 LIFE INSURANCE 2,110 275 1,835 Div 13 PS 23-20 DISABILITY INSURANCE 6,520 848 5,672 Div 13 PS 23-30 HEALTH INSURANCE 183,640 23,894 159,746 Div 13 PS 24-10 WORKERS COMPENSATION 5 4,250 7,059 47,191 Div 13 PS 25-10 UNEMPLOYMENT COMPENSAT 780 101 679 Div 13 PS 25-20 EMPLOYEE ASSISTANCE PRO 740 96 644 Div 13 OMF 34-20 PEST CONTROL SERVICES 200 -200 Div 13 OMF 34-90 OTHER CONTRACTUAL SERVIC 700 -700 Div 13 OMF 40-10 TRAVEL & TRAINING 140 -140 Div 13 OMF 41-10 TELEPHONE EXPENSE 1,610 -1,610 Div 13 OMF 41-15 PORTABLE PHONE/MDD ---Div 13 OMF 43-40 GAS 2,000 -2,000 Div 13 OMF 46-10 BUILDING MAINTENANCE 8,900 -8,900 Div 13 OMF 46-20 EQUIPMENT MAINTENANCE 1 1,490 8,530 2,960 Div 13 OMF 46-30 VEHICLE MAINT.-GARAGE 4 5,000 -45,000 Div 13 OMF 51-20 OFFICE EQUIP. < $1,000 800 -800 Div 13 OMF 51-90 OTHER OFFICE SUPPLIES ---Div 13 OMV 52-10 FUEL/LUBE VEHICLES 1 0,530 -10,530 Div 13 OMF 52-18 BUNKER GEAR 9,680 -9,680 Div 13 OMF 52-20 GENERAL OPER. SUPPLIES 2 2,290 20,340 1,950 Div 13 OMF 52-22 UNIFORMS/LINEN SERVICES 1 1,660 -11,660 Div 13 OMF 52-25 JANITORIAL SUPPLIES 1,500 -1,500 Div 13 OMF 52-27 EQUIPMENT < $1,000 1 0,250 7,800 2,450 Div 13 OMF 54-10 BOOKS & PUBLICATIONS 200 200 -Div 13 OMF 54-30 TRAINING/EDUCATION COSTS 1 0,000 10,050 (50) Div 13 OMF 54-35 TUITION REIMBURSEMENT 530 -530 Div 13 CO 64-35 PUMPS & HOSES 3,280 -3,280 Div 13 CO 64-90 OTHER MACH./EQUIPMENT 2,350 2,350 - FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 8 City of Delray Beach Specialists in Governmental Economics Final Report FY 2012 Fire Department Operating Budget Allocation Div Code Item # Description 2012 Bgt FY 12 EMS $ FY 12 Fire $ Div 15 FIRE OPERATIONS --Div 15 PS 12-10 REGULAR SALARIES/WAGES 7,630,720 992,877 6,637,843 Div 15 PS 12-20 HOLIDAY PAY 252,340 32,833 219,507 Div 15 PS 12-30 TERM. PAY/SICK & VACATION 8 9,760 11,679 78,081 Div 15 PS 14-10 OVERTIME 685,240 89,160 596,080 Div 15 PS 14-20 REIMBURSABLE OVERTIME ---Div 15 PS 15-45 EDUCATION/CERTIFICATION 199,270 25,928 173,342 Div 15 PS 15-50 OTHER PAY 3,380 440 2,940 Div 15 PS 21-10 EMPLOYER FICA 637,760 82,983 554,777 Div 15 PS 22-20 POLICE & FIRE RETIREMENT 2,912,240 378,928 2,533,312 Div 15 PS 22-30 ICMA CONTRIBUTION 1 3,190 1,716 11,474 Div 15 PS 22-40 RETIREE HEALTH TRUST 150,000 19,517 130,483 Div 15 PS 23-10 LIFE INSURANCE 1 0,940 1,423 9,517 Div 15 PS 23-20 DISABILITY INSURANCE 3 1,250 4,066 27,184 Div 15 PS 23-30 HEALTH INSURANCE 876,490 114,045 762,445 Div 15 PS 24-10 WORKERS COMPENSATION 263,440 34,278 229,162 Div 15 PS 25-10 UNEMPLOYMENT COMPENSAT 3,840 500 3,340 Div 15 PS 25-20 EMPLOYEE ASSISTANCE PRO 3,600 468 3,132 Div 15 OMF 31-90 OTHER PROFESSIONAL SERVI 3 2,000 32,000 -Div 15 OMF 34-70 PHOTO/MICROFILM SERVICES ---Div 15 OMF 34-90 OTHER CONTRACTUAL SERVIC ---Div 15 OMF 40-10 TRAVEL & TRAINING 1 6,500 2,250 14,250 Div 15 OMF 40-20 NON-EMPLOYEE TRAVEL ---Div 15 OMF 41-10 TELEPHONE EXPENSE 1 4,700 -14,700 Div 15 OMF 41-15 PORTABLE PHONE/MDD 1 7,340 -17,340 Div 15 OMF 41-20 INTERNET ACCESS ---Div 15 OMF 44-40 VEHICLE RENTAL/LEASES 200 -200 Div 15 OMF 44-45 VEHICLE RENTAL-GARAGE 383,370 216,020 167,350 Div 15 OMF 45-10 GENERAL LIABILITY 376,120 -376,120 Div 15 OMF 46-10 BUILDING MAINTENANCE ---Div 15 OMF 46-20 EQUIPMENT MAINTENANCE 108,320 68,400 39,920 Div 15 OMF 46-30 VEHICLE MAINT.-GARAGE 336,500 107,200 229,300 Div 15 OMF 46-31 VEHICLE MAINT -OTHER ---Div 15 OMF 46-90 OTHER REPAIR/MAINT. COSTS 4 3,270 3,000 40,270 Div 15 OMF 47-10 PRINTING/BINDING SERVICES 3,800 3,800 -Div 15 OMF 48-30 REFRESHMENT/FOOD/MEETIN ---Div 15 OMF 49-90 OTHER CURRENT CHARGES ---Div 15 OMF 51-10 STATIONERY/PAPER/FORMS ---Div 15 OMF 51-20 OFFICE EQUIP. < $1,000 2,400 -2,400 Div 15 OMF 51-25 COMPUTER SOFTWARE <$1,00 ---Div 15 OMF 51-90 OTHER OFFICE SUPPLIES ---Div 15 OMV 52-10 FUEL/LUBE VEHICLES 144,140 91,800 52,340 Div 15 OMF 52-18 BUNKER GEAR 5 8,270 -58,270 Div 15 OMF 52-20 GENERAL OPER. SUPPLIES 241,790 173,410 6 8,380 Div 15 OMF 52-22 UNIFORMS/LINEN SERVICES 7 0,820 -70,820 Div 15 OMF 52-27 EQUIPMENT < $1,000 101,820 40,860 60,960 Div 15 OMF 54-10 BOOKS & PUBLICATIONS 3,000 2,990 10 Div 15 OMF 54-15 SUBSCRIPTIONS 20 -20 Div 15 OMF 54-20 MEMBERSHIPS 1,370 -1,370 Div 15 OMF 54-30 TRAINING/EDUCATION COSTS 8 8,830 42,230 46,600 Div 15 OMF 54-35 TUITION REIMBURSEMENT 1 5,980 -15,980 Div 15 CO 64-11 COMPUTER EQUIPMENT 1,200 -1,200 Div 15 CO 64-35 PUMPS & HOSES 2 2,330 -22,330 Div 15 CO 64-90 OTHER MACH./EQUIPMENT 101,640 6 ,480 95,160 Div 15 CO 66-10 SOFTWARE 9,750 -9,750 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 9 City of Delray Beach Specialists in Governmental Economics Final Report FY 2012 Fire Department Operating Budget Allocation Div Code Item # Description 2012 Bgt FY 12 EMS $ FY 12 Fire $ Div 16 EMERGENCY MANAGEMENT --Div 16 PS 14-10 OVERTIME 6,500 846 5,654 Div 16 PS 21-10 EMPLOYER FICA 500 65 435 Div 16 PS 23-10 LIFE INSURANCE ---Div 16 OMF 40-10 TRAVEL & TRAINING 330 -330 Div 16 OMF 48-30 REFRESHMENT/FOOD/MEETIN 900 -900 Div 16 OMF 51-25 COMPUTER SOFTWARE <$1,00 440 -440 Div 16 OMF 51-90 OTHER OFFICE SUPPLIES ---Div 16 OMF 52-20 GENERAL OPER. SUPPLIES 5,630 -5,630 Div 16 OMF 54-30 TRAINING/EDUCATION COSTS 900 -900 Div 17 FIRE SAFETY --Div 17 PS 12-10 REGULAR SALARIES/WAGES 667,130 86,804 580,326 Div 17 PS 12-20 HOLIDAY PAY 860 112 748 Div 17 PS 12-30 TERM. PAY/SICK & VACATION 5 5,750 7,254 48,496 Div 17 PS 13-10 PARTTIME 2 1,580 2,808 18,772 Div 17 PS 14-10 OVERTIME 1 7,000 2,212 14,788 Div 17 PS 14-20 REIMBURSABLE OVERTIME ---Div 17 PS 15-45 EDUCATION/CERTIFICATION 2 7,600 3,591 24,009 Div 17 PS 15-50 OTHER PAY 930 121 809 Div 17 PS 21-10 EMPLOYER FICA 5 8,770 7,647 51,123 Div 17 PS 22-10 GENERAL EMPL. RETIREMENT 3,920 510 3,410 Div 17 PS 22-20 POLICE & FIRE RETIREMENT 156,350 20,344 136,006 Div 17 PS 22-30 ICMA CONTRIBUTION 3,260 424 2,836 Div 17 PS 22-40 RETIREE HEALTH TRUST 1 1,790 1,534 10,256 Div 17 PS 23-10 LIFE INSURANCE 800 104 696 Div 17 PS 23-20 DISABILITY INSURANCE 2,730 355 2,375 Div 17 PS 23-30 HEALTH INSURANCE 6 6,760 8,687 58,073 Div 17 PS 24-10 WORKERS COMPENSATION 2 2,780 2,964 19,816 Div 17 PS 25-10 UNEMPLOYMENT COMPENSAT 320 42 278 Div 17 PS 25-20 EMPLOYEE ASSISTANCE PRO 260 34 226 Div 17 OMF 34-70 PHOTO/MICROFILM SERVICES ---Div 17 OMF 40-10 TRAVEL & TRAINING 3,560 -3,560 Div 17 OMF 41-10 TELEPHONE EXPENSE 2,170 -2,170 Div 17 OMF 41-15 PORTABLE PHONE/MDD 6,010 -6,010 Div 17 OMF 44-30 EQUIPMENT RENTAL/LEASES 3,430 -3,430 Div 17 OMF 44-45 VEHICLE RENTAL-GARAGE 1 8,420 -18,420 Div 17 OMF 45-10 GENERAL LIABILITY 2 6,890 -26,890 Div 17 OMF 46-20 EQUIPMENT MAINTENANCE 200 -200 Div 17 OMF 46-30 VEHICLE MAINT.-GARAGE 1 3,000 -13,000 Div 17 OMF 46-90 OTHER REPAIR/MAINT. COSTS 1,200 -1,200 Div 17 OMF 47-10 PRINTING/BINDING SERVICES 550 -550 Div 17 OMF 48-30 REFRESHMENT/FOOD/MEETIN ---Div 17 OMF 48-90 OTHER PROMOTIONAL ACTIVIT ---Div 17 OMF 51-10 STATIONERY/PAPER/FORMS 500 -500 Div 17 OMF 51-20 OFFICE EQUIP. < $1,000 700 -700 Div 17 OMF 51-90 OTHER OFFICE SUPPLIES 2,000 -2,000 Div 17 OMV 52-10 FUEL/LUBE VEHICLES 1 3,000 -13,000 Div 17 OMF 52-18 BUNKER GEAR 3,450 -3,450 Div 17 OMF 52-20 GENERAL OPER. SUPPLIES 900 -900 Div 17 OMF 52-22 UNIFORMS/LINEN SERVICES 3,800 -3,800 Div 17 OMF 52-27 EQUIPMENT < $1,000 400 -400 Div 17 OMF 54-10 BOOKS & PUBLICATIONS 1,380 -1,380 Div 17 OMF 54-20 MEMBERSHIPS 1,050 -1,050 Div 17 OMF 54-30 TRAINING/EDUCATION COSTS 3,090 -3,090 Div 17 OMF 54-35 TUITION REIMBURSEMENT 1,920 -1,920 Div 17 CO 64-10 OFFICE FURN./FIXTURES ---PS 19,217,140 2,500,452 16,716,688 OMF 2,707,260 744,460 1,962,800 OMV 180,340 91,800 88,540 CO 157,550 8,830 148,720 22,262,290 3,345,542 18,916,748 15.0% 85.0% FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 10 City of Delray Beach Specialists in Governmental Economics Final Report FY 2012 Debt Service Allocation City staff identified two outstanding borrowings that were issued for the Fire Department (Series 2002 General Obligation Bonds and the Series 2007 Utility Tax Bond). Based upon discussions with City staff, the annual principal and interest (debt service) requirements for each of these borrowings was allocated to Fire Rescue Service and EMS based upon the overall allocation of the total operating budget, as the facilities funded from these financings are being used proportionately as part of the annual provision of service for each of these functions. As such, approximately 85% of the annual debt service was allocated to Fire Rescue Service and 15% to EMS. The schedule below presents a five-year summary of the annual debt service allocations. Capital Improvement Program (CIP) Allocation Each project of the multi-year CIP was allocated to Fire Rescue Service and EMS based upon discussions with Fire Department Management reflecting the specific nature and function of each project. The schedule on the following page presents the allocation of each project within the five-year CIP. In summary, approximately 82% of the five-year CIP is associated with Fire Rescue Service and 18% is associated with EMS. Fire Department Debt Service Allocation Financing EMS % Fire % FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Series 2002 GO Bonds 15% 85% 526,301 524,961 Series 2007 Utility Tax Bond (FS 4) 15% 85% 342,788 342,568 356,098 355,328 354,558 Total 869,089 867,529 356,098 355,328 354,558 Fire Portion 738,484 737,158 302,584 301,930 301,276 EMS Portion 130,605 130,371 53,514 53,398 53,282 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 11 City of Delray Beach Specialists in Governmental Economics Final Report Offsetting Revenue Allocation Each of the various revenues collected by the Fire Department was allocated to Fire Rescue Service and EMS based upon discussions with Fire Department Management reflecting the specific service or services provided for which the revenue was received. The schedule on the following page presents the allocation of the FY 2012 budget amount for each individual revenue type. Fire Department Capital Improvement Program Description EMS % Fire % FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Fire Dept Defib/Monitor 100% 0% 52,000 52,000 Fire Dept Site Plan/Design Depot 0% 100% Fire EMS Billing Software 100% 0% Fire HQ Generator Upgrade 15% 85% 140,000 Flre HQ Public Plaza 15% 85% 35,000 225,000 Fire Station Alerting 15% 85% Fire Training Ctr Restoration 0% 100% Fire Video Conference Server 15% 85% 30,000 Fire Zoll Med Autopulse 100% 0% Fire SCBA 0% 100% 144,500 160,000 160,000 FS 2 Generator Upgrade 15% 85% 40,000 FS 3 Generator Upgrade 15% 85% 40,000 Telephone System Fire 15% 85% 100,000 Fire HQ Add'l Parking 15% 85% Fire Rescue Training Ctr 0% 100% 75,000 Fire HQ Hardening 15% 85% 390,000 Fire Dept Sev Unit 85% 15% 25,000 25,000 Other Unspecified CIP 15% 85% 0% Total 179,500 462,000 337,000 420,000 295,000 Fire Portion 174,240 354,937 248,722 356,883 261,939 EMS Portion 5,260 107,063 88,278 63,117 33,061 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 12 City of Delray Beach Specialists in Governmental Economics Final Report Summary -The identified costs less the offsetting revenue allocated to Fire Rescue Service as discussed in the previous sub sections formed the basis for the revenue requirement for the proposed Fire Rescue Assessments. Although the total net costs or revenue requirement associated with Fire Rescue Service for FY 2012 that could be recovered with the non-ad valorem assessment was determined to be $16,658,991, City Management determined that a lower amount would be appropriate to keep the City’s Fire Rescue Assessment in line with neighboring communities. As such, the lower amount that is included in the FY 2012 revenue requirement for the assessments developed herein is $3,423,826, with the remaining costs continuing to be funded by the City’s General Fund. The schedule on the following page presents a summary of the FY 2012 and FY 2013 Fire Rescue Service cost of service, offsetting revenues, and annual assessment revenue requirements. FY 2012 Fire Department Offsetting Revenue Budget Allocation Description 2012 Bgt EMS % Fire % EMS $ Fire $ ST REIMB/FIRE INCENTIVE $ 60,100 15.0% 85% $ 9,032 51,068 COLLECTION AGENCY $ 15,000 100.0% 0% $ 15,000 HIGHLAND BEACH CONTRACT $ 2,951,890 15.0% 85% $ 443,605 2,508,285 HIGHLAND BEACH CONTRACT $ 12,000 100.0% 0% $ 12,000 FIRE EMS GULFSTREAM QTRLY $ 370,990 15.0% 85% $ 55,752 315,238 EMERGENCY SRVS O/T REIMB $ 27,000 85.0% 15% $ 22,950 4,050 FIRE HAZ MAT PROGRAM $ 228,340 0.0% 100% $ 228,340 TRANSPORT FEES $ 2,300,000 100.0% 0% $ 2,300,000 FIRE SAFETY PLAN REVIEW $ 62,000 0.0% 100% $ 62,000 FALSE ALARM FEES FIRE $ 1,500 0.0% 100% $ 1,500 Total $ 6,028,820 $ 2,858,339 3,170,481 Note: General Fund Contribution is an additional offset that is determined and credited as part of calculating the fire rescue assessment. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 13 City of Delray Beach Specialists in Governmental Economics Final Report 2.2.2 FINDING OF BENEFIT It is our determination that the City’s fire protection services, facilities, and programs provide a special benefit to property because fire protection services possess a logical relationship to the use and enjoyment of improved property by: (1) protecting the value and integrity of the improvements and structures through the provision of available fire services; (2) protecting the life and safety of intended occupants in the use and enjoyment of property; (3) lowering the cost of fire insurance by the presence of a professional and comprehensive fire program within the City; and (4) containing the spread of fire incidents occurring on vacant property with the potential to spread and endanger the structures and occupants of improved property. FIRE RESCUE SERVICE REVENUE REQUIREMENTS COST OF SERVICE FY 2012 FY 2013 PERSONNEL SERVICES 16,716,688 17,406,378 VARIABLE O&M 88,540 97,394 FIXED O&M 1,962,800 2,018,901 CAPITAL OUTLAY 148,720 152,438 CIP 174,240 365,585 EXISTING DEBT 738,484 737,158 TOTAL COST OF SERVICE 19,829,472 20,777,854 LESS: OFFSETTING REVENUE 3,170,481 3,261,654 NET REVENUE REQUIREMENT 16,658,991 17,516,200 REVENUE SOURCES FY 2012 FY 2013 ASSESSMENT REVENUE (1) 3,423,826 3,321,111 GENERAL FUND CONTRIBUTION 13,235,165 14,195,089 TOTAL REVENUES 16,658,991 17,516,200 VARIANCE (REVENUES to NET REVENUE REQUIREMENT) (1) FY 2013 revenue reflects a 3% reduction as an estimate for the billing and collection costs of Property Appraiser & Tax Collector that will be deducted from assessment revenue remitted to City. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 14 City of Delray Beach Specialists in Governmental Economics Final Report 2.2.3 FIRE SERVICE COST & REVENUE REQUIREMENT ALLOCATION BASED UPON BENEFIT CONFERRED The total Fire Rescue Service costs were allocated to properties within the City in such a manner as to fairly apportion the costs based upon the benefit received from fire protection service. It was determined that benefit is conferred on properties in two ways; by the availability of fire protection services (watch-standing benefit) and the provision of calls for service to specific properties (service benefit). Based upon this determination, the total Fire Rescue Service costs were allocated to watch-standing and service benefit cost pools. Watch-standing benefit is the special benefit conferred upon all properties in the City by the protection from loss of use and economic loss of the buildings on the property that every developed property receives by virtue of the fact that the City stands ready with the facilities, equipment, and personnel to provide fire suppression service to all properties within the City limits. This benefit is conferred upon each developed parcel regardless of calls for service. Service benefit is the special benefit conferred upon property classes that actually receive calls for service. This benefit is conferred upon property classes based upon actual calls for service made to each identified property class. This allocation was accomplished by estimating the marginal cost of making all calls for service (which includes fuel and a small portion of the maintenance expenses of the vehicles used to make the calls). Those costs were allocated to the service benefit cost pool with the remainder of the costs being allocated to the watch-standing benefit cost pool. The marginal cost of calls for service comprises less than 1% of the fire service revenue requirement, resulting in over 99% of the revenue requirement being allocated to the watch-standing benefit cost pool. Because the service benefit cost pool is so small (less than 1% of the total Fire Rescue Service cost pool) it was determined in consultation with City staff that the total cost apportionment should be based upon the watch-standing apportionment as discussed in the following paragraph because the effects of allocating the service costs based upon calls for service would not have a material effect upon the apportionment of costs. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 15 City of Delray Beach Specialists in Governmental Economics Final Report The portion of the Fire Rescue Service costs to be recovered in the assessments were then allocated to residential and non-residential property classes based upon the percentage of developed building area contained in the Palm Beach County Property Appraiser’s records for each parcel within the City limits of Delray Beach. Parcels were determined to be residential or non-residential based upon Department of Revenue (DOR) property use classifications. This allocation results in approximately 77.6% of Fire Rescue Service costs being allocated to residential properties and approximately 22.4% being allocated to non-residential properties as is shown in the following table. ASSESSMENT REVENUE ANNUALIZED REV REQ. PER FAMS XL MODE $ 3,423,826 STATUTORY DISCOUNT $ TOTAL ASSESSMENT $ 3,423,826 BENEFIT ALLOCATION BENEFIT TO LAND LAND BENEFIT $ DEVELOPED SPACE BENEFIT $ 3,423,826 BENEFIT TO DEVELOPED SPACE $ 3,423,826 WATCHSTANDING BENEFIT $ 3,423,826 CALLS FOR SERVICE $ RESIDENTIAL FIRE CALLS $ NON RESIDENTIAL FIRE CALLS $ ALL OTHER CALLS (i.e. EMS/TRAFFIC etc.) $ TOTAL RECOVERABLE REVENUE $ 3,423,826 SQUARE FOOTAGE ALLOCATION RESIDENTIAL SQ FT 52,732,688 77.63% NON RESIDENTIAL SQ FT 15,191,777 22.37% TOTAL SQ FT 67,924,465 100% REVENUE ALLOCATION RESIDENTIAL ASSESSMENT REVENUE 2,658,064 77.63% NON RESIDENTIAL ASSESSMENT REVENUE 765,762 22.37% TOTAL REVENUE $ 3,423,826 100% FY 2012 REVENUE ALLOCATION 100.00% 0.00% 0.00% 100.00% FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 16 City of Delray Beach Specialists in Governmental Economics Final Report 2.2.4 FIRE RESCUE ASSESSMENT RATE CLASSES In order to accomplish the allocations described above, it was necessary to classify properties into Fire Rescue Assessment rate classes. After reviewing property data obtained from the Palm Beach County Property Appraiser’s Office it was determined that two rate classes should be established for the Fire Rescue Assessments, residential (R) and non-residential (NR). Each property was separated into its specific rate class based upon the DOR property use classification codes as identified in the property data. The chart on the following pages shows the mapping of DOR property use codes into Fire Rescue Assessment rate classes. It is important to note that Public County Schools (DOR Code 8300) were not included in the calculation of the Fire Rescue Assessment as these properties are statutorily exempt from such assessments. In addition Religious, District, Forest/Park/Recreation, County Government, Federal Government, and Municipal Government properties (DOR Codes 7100, 8000, 8200, 8600, 8800, and 8900) were not included in the calculation of the Fire Rescue Assessment calculations as these properties are being exempted by the City. All other property classes, except those classified as currently vacant or non-developable (such as rights-of-way, easements, etc.), are included in the assessment program. To the extent that the City determines to exclude certain property classes, the assessments for all other properties would not change; however, the assessment revenue that otherwise would have been recovered from the excluded properties will need to be provided from the General Fund. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 17 City of Delray Beach Specialists in Governmental Economics Final Report DOR Code DOR Description DOR Count Sub Cat 0 VACANT 521 V 10 VACANT TWNHS 370 V 30 VACANT ZLOT OL 4 V 100 SINGLE FAMILY 10,051 SFR 101 SFR COMM ZONING 58 SFR 110 TOWNHOUSE 3,177 MFR 130 ZERO LOT LINE 1,254 MFR 140 SFR IND ZONING 0 SFR 200 MOBILE HOME 134 MFR 300 MULTIFAMILY 36 MFR 305 MULTIFAMILY 1 MFR 400 CONDOMINIUM 13,331 MFR 420 TIMESHARE 5 NR 510 COOPERATIVE 342 MFR 605 RETIREMENT 2 MFR 620 LIFE CARE HX 3 MFR 700 MISC RESID SFR 2 SFR 800 MFR < 10 UNITS 623 MFR 801 MFR<10 UT CM ZN 36 MFR 804 MFR<10 UT IN ZN 2 MFR 1000 VACANT COMM 167 V 1100 STORES 146 NR 1200 STOR/OFF/RES 109 NR 1300 DEPT STORE 13 NR 1400 SPRMKT/DRUG STR 9 NR 1600 SHOPPING CENTER 21 NR 1700 OFFICE 1 STY 103 NR 1800 OFFICE MULTI 36 NR 1900 PROF OFFICES 64 NR 2000 AIRPORT/MARINA 2 NR 2010 WRKNG WTRFRONT 1 NR 2100 RESTAURANT 35 NR 2200 REST, DRIVE IN 15 NR 2300 FINANCIAL 38 NR 2400 INSURANCE 2 NR 2500 SERVICE SHOPS 6 NR 2600 SER STATION 22 NR 2700 AUTO SALES 95 NR 2800 PKG LT /MH PK 14 NR 2900 WHOLESALER 1 NR 3200 THTR/AUD/CLBHS 1 NR Subcategory Table Single Family Home SFR Multi Family Home MFR Non Residential NR Institutional I Government owned G Vacant V FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 18 City of Delray Beach Specialists in Governmental Economics Final Report DOR Code DOR Description DOR Count Sub Cat 3300 NIGHT CLUBS 7 NR 3500 TOURIST ATTRAC 2 NR 3800 GOLF COURSE 16 NR 3900 MOTEL 23 NR 4000 VACANT INDUS 69 V 4100 LIGHT MFG 7 NR 4400 PACKING 1 NR 4600 FOOD PROCESS 2 NR 4700 MIN PROCESS 9 NR 4800 WAREH/DIST TERM 150 NR 4900 OPEN STORAGE 1 NR 4969 COMMERCIAL CONDO 1 NR 4960 CONDO COMM 529 NR 6600 ORCHARD GROVES 5 NR 6900 ORN/MISC AGRI 3 NR 7100 RELIGIOUS 113 I 7200 PRV SCHL/COLL 28 I 7300 PRV HOSPITAL 1 I 7500 ORPHNG/NON PROF 2 I 7600 MORT/CEMETERY 4 NR 7700 CLB/LDG/UN HALL 9 NR 7800 SANI/REST HOME 3 NR 8000 DISTRICTS 116 G 8200 FOREST/PK/REC 14 G 8300 PUB CTY SCHOOL 13 I 8500 HOSPITAL 1 I 8600 CTY INC NONMUNI 17 G 8800 FEDERAL 1 G 8900 MUNICIPAL 202 G 9000 LEASEHOLD INT 18 G 9100 UTILITY 12 NR 9400 R/W BUFFER 207 NR 9500 RIVER/LAKES 70 NR 9600 SEWG/WASTE LAND 3 NR 9700 OUTDR REC/PK 172 NR 9900 NON AG 1 NR Total 32,684 Subcategory Table Single Family Home SFR Multi Family Home MFR Non Residential NR Institutional I Government owned G Vacant V FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 19 City of Delray Beach Specialists in Governmental Economics Final Report 2.2.5 ASSESSMENT RATE STRUCTURE Residential Parcels – Some fire assessment structures apportion equal fire rescue assessments to residential parcels, independent of the square feet of developed space on the parcel. However, judicial standards established through case law have determined that a reasonable method for apportioning fire rescue benefits to residential properties is square feet of developed space. Also, the benefit conferred upon properties in the form of protection from loss of use of and economic loss of structures on the properties is generally proportional to the square feet of developed space on the parcel. Therefore, this report presents for consideration two options for apportionment of the assessments to residential properties as follows: 1) equal assessment for all residential parcels per dwelling unit, and 2) a tiered assessment structure for residential parcels per dwelling unit, whereby parcels with smaller amounts of developed space per dwelling unit will pay less than parcels with larger amounts of developed space per dwelling unit. The proposed structure is a tiered structure which recognizes that parcels with greater developed space receive a greater benefit than those with less developed space. In this structure the size of the tiers was determined by analysis of the frequency of occurrence of parcels with square feet of developed space per unit within five (5) tiers. Non-Residential Parcels – Fire rescue assessments are usually apportioned to nonresidential parcels based upon the square feet of developed space on the parcel. However, in some instances, fire rescue assessments are apportioned based upon an assessment per square foot and the exact number of square feet of developed space on each non-residential parcel. Therefore, this report presents for consideration two options for apportionment of the assessments to non-residential properties as follows: 1) applying an assessment per square foot to the exact number of square feet of developed space on each non-residential parcel, and 2) a tiered assessment structure for non-residential parcels, whereby parcels with smaller amounts of developed space will pay less than parcels with larger amounts of developed space. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 20 City of Delray Beach Specialists in Governmental Economics Final Report 2.3 RESULTS This section presents the calculation of the proposed Fire Rescue Assessments. While the City has the option to adopt assessments at any level of cost recovery up to, but not exceeding, the full revenue requirement amount identified herein, City management has indicated that the level of cost recovery included in the proposed Fire Rescue Assessments is the preferred amount in order for the assessments to be comparable to neighboring communities. As indicate previously, the portion of the Fire Rescue Service revenue requirement not recovered in the Fire Rescue Assessment will continue to be funded from the General Fund. 2.3.1 RESIDENTIAL FIRE RESCUE ASSESSMENT The calculated residential assessment rates (presented below) are projected to generate sufficient revenue under either of the two residential assessment structures described in Section 2.2.5 to cover the allocated portion of the Fire Rescue Service Assessment revenue requirement for the residential class. Tiered Rate Structure Block Top Frequency ERU # of Eq. Units Rate 1,000,000 369 3.09 1,140 $ 263.00 5,000 930 2.19 2,037 $ 186.00 3,500 5,273 1.42 7,488 $ 121.00 2,000 12,200 1.00 12,200 $ 85.00 1,200 14,214 0.61 8,671 $ 52.00 32,986 31,535 Uniform Rate Structure Number of Residential Units With Developed Space 32,986 Charge per Dwelling Unit $ 85.00 Residential Fire Assessment Summary FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 21 City of Delray Beach Specialists in Governmental Economics Final Report The distribution of residential parcels across the tiers in the prior table is presented in the graph below with the number of parcels on the vertical axis and the maximum of the size range in square feet of building area on the horizontal axis: 2.3.2 NON-RESIDENTIAL FIRE RESCUE ASSESSMENT The calculated non-residential assessment rates (presented on the following page) are projected to generate sufficient revenue under either of the two non-residential assessment structures described in Section 2.2.5 to cover the allocated portion of the Fire Rescue Service Assessment revenue requirement for the non-residential class. 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 1,200 2,000 3,500 5,000 1,000,000 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 22 City of Delray Beach Specialists in Governmental Economics Final Report The distribution of non-residential parcels across the tiers in the table above is presented in the graph below with the number of parcels on the vertical axis and the maximum of the size range in square feet of building area on the horizontal axis: 0 100 200 300 400 500 600 700 800 Non Residential Fire Assessment Summary Uniform Rate Structure Total Sq. Ft. of Developed Space (Bldg. Area) Subject to Assessment 14,072,787 Charge per Sq. Ft. $ 0.054 Tiered Rate Structure Block Top Frequency ECU # of Units Rate 1,000,000 72 15.00 1,080 $ 3,552.00 50,000 19 12.50 238 $ 2,960.00 40,000 23 10.00 230 $ 2,368.00 30,000 43 7.50 323 $ 1,776.00 20,000 41 5.00 205 $ 1,184.00 15,000 70 3.75 263 $ 888.00 10,000 48 2.50 120 $ 592.00 8,000 91 2.00 182 $ 474.00 6,000 139 1.50 209 $ 355.00 4,000 114 1.00 114 $ 237.00 3,000 221 0.75 166 $ 178.00 2,000 305 0.50 153 $ 118.00 1,000 127 0.25 32 $ 59.00 500 731 0.13 95 $ 31.00 2,044 3,407 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 23 City of Delray Beach Specialists in Governmental Economics Final Report 2.4 CONCLUSIONS & RECOMMENDATIONS The Fire Rescue Assessments presented herein will provide sufficient revenue to fund approximately $3,423,826 of the costs of the Fire Rescue Services portion of the Fire Department cost requirements. Our recommendations regarding the specific residential and non-residential Fire Rescue Assessment rate structures are as follows: 1. Residential Fire Rescue Assessments a. Conclusion – The residential rates structure that apportions an equal assessment to each residential property or dwelling unit does not recognize the differential benefit received by parcels with smaller and larger amounts of developed square feet of space per unit. The primary benefit is protection from the loss of use and value of the developed space on the parcel to each dwelling unit. Therefore, it is our conclusion that the tiered approach provides a better matching of the burden of the assessment upon the dwelling units of each parcel and the benefit received by the units of each parcel to the availability of Fire Rescue Service provided by the City. b. Recommendation – Adopt the tiered residential assessment rates presented in the table below. Tiered Rate Structure Block Top Frequency ERU # of Eq. Units Rate 1,000,000 369 3.09 1,140 $ 263.00 5,000 930 2.19 2,037 $ 186.00 3,500 5,273 1.42 7,488 $ 121.00 2,000 12,200 1.00 12,200 $ 85.00 1,200 14,214 0.61 8,671 $ 52.00 32,986 31,535 Residential Fire Assessment Summary FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 24 City of Delray Beach Specialists in Governmental Economics Final Report 2. Non-Residential Fire Rescue Assessments a. Conclusion – The non-residential apportionment option relying upon the exact amount of square feet of developed space on each non-residential parcel increases the likelihood of potential challenges due to differences in the square feet of developed space in the Property Appraiser’s records and measurements that may be taken by property owners. Also, the differential benefit received by a parcel does not change materially for each additional square foot of developed space, but rather changes with order of magnitude differences in the amount of develop space. Therefore, it is our conclusion that the tiered approach provides a better matching of the burden of the assessment upon the parcel and the benefit received by the dwelling units on each parcel to the availability of Fire Rescue Service provided by the City. b. Recommendation – Adopt the tiered non-residential assessment rates presented in the table below. c. Tiered Rate Structure Block Top Frequency ECU # of Units Rate 1,000,000 72 15.00 1,080 $ 3,552.00 50,000 19 12.50 238 $ 2,960.00 40,000 23 10.00 230 $ 2,368.00 30,000 43 7.50 323 $ 1,776.00 20,000 41 5.00 205 $ 1,184.00 15,000 70 3.75 263 $ 888.00 10,000 48 2.50 120 $ 592.00 8,000 91 2.00 182 $ 474.00 6,000 139 1.50 209 $ 355.00 4,000 114 1.00 114 $ 237.00 3,000 221 0.75 166 $ 178.00 2,000 305 0.50 153 $ 118.00 1,000 127 0.25 32 $ 59.00 500 731 0.13 95 $ 31.00 2,044 3,407 Non Residential Fire Assessment Summary FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 25 City of Delray Beach Specialists in Governmental Economics Final Report 2.5 SURVEY OF OTHER JURISDICTIONS The schedule on the following page provides a graphical representation of the average fire assessment for a typical single-family residential dwelling in other jurisdictions for FY 2011 and FY 2012. It is important to note that this survey does not identify nor make adjustments for municipalities that have adopted a partial cost recovery fire assessment. Therefore, this survey is solely a comparative market analysis of adopted fire assessments and does not necessarily reflect the actual unit cost of providing fire protection services for a typical single-family dwelling unit located within the governmental boundaries of the entities surveyed. We have identified on the survey where the City would be based upon the proposed residential Fire Rescue Assessment for a typical single-family home contained herein for comparative purposes. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT BURTON & ASSOCIATES 26 City of Delray Beach Specialists in Governmental Economics Final Report 2.5.1 FY 2011 & FY 2012 SURVEY OF FIRE RESCUE ASSESSMENTS 0 20 40 60 80 100 120 140 160 180 200 Boca Raton Boynton Beach Pompano Beach Coral Springs Fort Lauderdale Deerfield Beach Hollywood Boca Raton Boynton Beach Pompano Beach Coral Springs Fort Lauderdale Deerfield Beach Hollywood FY 2012 Fee 80 88 111 128.77 135 143 189 FY 2011 Fee 60 68 111 114.84 135 143 159 FY 2011 & 2012 Fire Assessment Fee Comparison Survey Delray Beach Proposed Average Residential Assessment 1 From: BEAT109@aol.com [mailto:BEAT109@aol.com] Sent: Monday, December 19, 2011 3:06 PM To: Reade, Richard Subject: non ad-valorem assessment Pre Parcel # 12434607140002520 2060 NW 15 Place, Delray Beach, Fl Beatrice R Peiffer owner Dear Mr.Rea de:: Please be advised I am not in favor of non ad-valorem assessment referred to in your letter of December 9, 2011 Metroplex, Inc. P rofessional Real Est a te Services 200 East R a n d o l p h Street, Suite 2100•Chicago, IL 60601-6432•Direct: 312/726-5600•Fax: 312/345-3260 Sent via email (reade@mydelraybeach.com and by Facsimile -561-243-7199) January 6, 2012 City Commission of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Re: January 17, 2012 Non Ad-Valorem Assessment Public Hearing Parcel No.: 12434629080010000; 600 Lindell Blvd., Delray Beach Gentlemen: We are the authorized Management Agent for the owners of the referenced parcel and received your December 9, 2011 notice relative to a non ad-valorem assessment that will be considered for approval by the City Commission subsequent to a public hearing to be held on January 17, 2012. It is our understanding that the proposed assessment is designed to fund the costs associated with fire rescue service within the City. While we and the owners of the referenced parcel would not argue that proper funding of services such as this are vital to the safety and prosperity of the community, we would argue that the methodology used to determine the amounts assessed should be modified to more appropriately apply the assessment to non-single family residential properties. The referenced parcel, Lake Delray Apartments, is a 404 unit low income, tax credit, senior housing rental apartment complex. Rents for these units are regulated by tax credit regulations and limited by funding available from the local housing authorities. We have been unable to increase rents in the past three years due to the lack of funding from the housing authorities. While the costs of operating and providing affordable senior housing in Delray Beach continue to rise, housing authority restrictions result in lower income to offset the operating cost increases. In addition, the City of Delray Beach imposed a mandate for this property that required that we install emergency generators at a cost of approximately $450,000. To our knowledge, this mandate applied solely to this apartment complex and no other rental properties in Delray Beach experienced this unanticipated expenditure. If passed, this new assessment will result in an additional tax on this parcel of $21,008 for fiscal year 2012/2013 and combined with the other income/expenditures noted as well as other economic factors, the result is a tremendous financial burden to the property and its owners. F:\Real Estate Taxes\LDR019\Assessment Correspondence\LDR Non Advalorem Assmt Objection 01.06.12.doc As previously stated, we are not arguing that additional funding is needed for a very important life service, but do argue that the there should be at least one if not two additional assessment brackets for lower square footage and a lower per unit fee that would be more applicable to multi-family housing properties. This is especially appropriate to this property, in our opinion, because the 404 apartment units are clustered together and the fire safety systems within the buildings are far more effective than would be installed in a typical single family home. This obviously would translate to a much lower cost to protect this one 404 unit community than 404 individual single family homes. We therefore petition the Commission to revisit the methodology of assessing each property and ask that you include consideration for the type of residential property before moving forward with any assessment. Thank you, Eleanor A. Hannagan Tax Administrator Metroplex, Inc. Agent for Owner, Delray Elderly Limited Partnership F:\Real Estate Taxes\LDR019\Assessment Correspondence\LDR Non Advalorem Assmt Objection 01.06.12.doc FYI… Thank you. Have a great day! Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Please consider the environment before printing this email. http://www.epa.gov/watersense/From: Larry [mailto:wlkenny@optonline.net] Sent: Wednesday, December 28, 2011 7:16 PM To: Reade, Richard Subject: Re: non ad-valorem assessment I truly appreciate your making the effort to respond! 1 From: Reade, Richard Sent: Monday, December 19, 2011 11:01 AM To: Nubin, Chevelle; Gaskins, Lanelda Cc: Harden, David; Smith, Douglas; Barcinski, Robert Subject: FW: Please find enclosed information that was received regarding the Fire Assessment Public Hearing on January 17th. Thank you. Have a great day! Richard J. Reade 2 Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Please consider the environment before printing this email. http://www.epa.gov/watersense/From: Perez, Katie Sent: Monday, December 19, 2011 9:33 AM To: Reade, Richard Subject: Sherry Hillman opposes this fee. She does not want a call back she wants to say NO to adding this fee. Thanks! Katie Perez Customer Service Assistant City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: 561-243-7000 Email: perezk@mydelraybeach.com 1 From: Dechicchio, Rosanne Sent: Tuesday, January 03, 2012 12:00 PM To: Nubin, Chevelle; Gaskins, Lanelda Cc: Reade, Richard; Smith, Douglas Subject: FW: Non ad-valorem tax assessment for fire rescue service Please include this into public record comments regarding the Fire Assessment Fee, thanks. Rosanne From: Gupta Shri-QSWI2147 [mailto:shri.gupta@motorolasolutions.com] Sent: Saturday, December 24, 2011 6:57 PM To: PIO@mydelraybeach.com Cc: SHOBHA GUPTA Subject: Non ad-valorem tax assessment for fire rescue service Dear madam/sir I have received notice for upcoming hearing for additional assessment of taxes on two townhomes that I own in the city. I am really surprised at this additional taxation and it does not seem to be fair on my properties. I am paying over 2 $3100 each on town homes with an area of only 1600 sq ft. This is a tremendous amount of tax on such small property. I acquired these properties in 2003 and the tax level on these properties is same today as in 2003. Since these properties are not homestead, the taxation is extremely high. City is losing taxes because of increase in homestead exemption. It is not fair that homeowners who are already paying high level of taxes should be further taxed to compensate for losses caused by homes that are homestead. I am totally against this increase in taxation. Please put this forward during forthcoming public hearing in January. Thanking you in advance. Shri Gupta Parcel numbers 12434628830000020/80 Dec 24, 2011 1 From: Reade, Richard Sent: Friday, December 09, 2011 4:07 PM To: 'tandme@comcast.net' Cc: Dechicchio, Rosanne; Gaskins, Lanelda; Nubin, Chevelle Subject: RE: Fee Assessment Mr. Goldsmith, Thank you for your E mail regarding the proposed Fire Assessment Fee. We will forward this note to the City Clerk’s Office and ensure that it will be forwarded to the City Commission prior to their consideration of the issue. 2 Again, thank you for you note. Have a great day! Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Please consider the environment before printing this email. http://www.epa.gov/watersense/From: Steve Goldsmith [mailto:tandme@comcast.net] Sent: Friday, December 09, 2011 1:24 PM To: PIO@mydelraybeach.com Subject: Fee Assessment Importance: High To Whom it May Concern. So the new loophole is not to increase taxes but have an assessment fee? I have been here for over 32 years and we did just fine without this new way of trying to tax us. If you don't have the money then just reduce expenses, that's the proper way. It's time to start biting the bullet on costs. The free spending days are over, and people don't have the money for additional fees. I'll await your reply Steve 1 From: Reade, Richard Sent: Wednesday, December 28, 2011 11:16 AM To: 'Cyndi.Denig@lifespacecommunities.com' Cc: Agenda Coordinator Subject: FW: Proposed Fire Assessment Fee Attachments: 20111227102359094.pdf Ms. Denig, Thank you for your E mail regarding the proposed Fire Assessment Fee. Please see below the response to your question regarding the determination of the fee for the Harbor Edge. In addition, I will call to answer any additional questions that you may have. Thank you. Have a great day! Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Please consider the environment before printing this email. http://www.epa.gov/watersense/From: Andrew Burnham [mailto:aburnham@burtonandassociates.com] Sent: Tuesday, December 27, 2011 5:16 PM To: Reade, Richard Cc: mburton@burtonandassociates.com; Barcinski, Robert; Smith, Douglas; Harden, David Subject: Re: Proposed Fire Assessment Fee Richard, 2 The property referenced in the attached letter (per the data from the property appraiser) is owned by Lifespace Communities, Inc. and has a multi-unit residential property use code of 620, which is "Life Care /HX". The property has 268 residential units and 570,764 sq. ft. of building area. As with other multi-unit residential properties, the sq. ft. was divided by the number of units to determine the appropriate tier of the residential fire assessment, (in this case the 2,130 sq. ft. per unit place it in the third tier of the residential assessment structure), whereby the fee ($121 per unit) was applied to the total units to determine the annual assessment of $32,428. Sincerely, Andy-On Tue, Dec 27, 2011 at 3:33 PM, Reade, Richard <reade@mydelraybeach.com> wrote: Mike, FYI…See below. Thank you. Have a great day! Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Please consider the environment before printing this email. http://www.epa.gov/watersense/From: Cyndi Denig [mailto:Cyndi.Denig@lifespacecommunities.com] Sent: Tuesday, December 27, 2011 11:42 AM To: Reade, Richard Subject: Proposed non ad-valorem assessment 3 Mr. Reade, Upon reading the notice of public hearing for the proposed non ad-valorem assessment I have a question about the assessment amount for Harbour's Edge. The table shows a maximum assessment of $3,552 but in a subsequent paragraph the amount for Harbour's Edge is stated at $32,428. How is this amount derived and why is it so high? A copy of the letter is provided as an attachment. Thank you in advance for your prompt attention to this matter. Sincerely, Cyndi Denig Director of Financial Services Harbour's Edge 561.526.0128 Phone 561.243.0038 Fax e-mail: cyndi.denig@lifespacecommunities.com CONFIDENTIALITY NOTICE -The document accompanying this message contains information belonging to the sender which is intended only for use of the individual or entity named above. Information representing protected health information is subject to the sender's current policies and procedures governing its use and disclosure. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, or if you have received this message in error please delete it from your system without copying or forwarding it and notify me immediately by reply email or by calling LIFESPACE Communities, Inc. at 515-288.5805. --Andrew Burnham Senior Vice President Burton & Associates 200 Business Park Circle, Ste. 101 St. Augustine, FL 32095 Phone: (904) 247-0787 Fax: (904) 241-7708 Cell: (904) 631-5109 2 Again, thank you for you note. Have a great day! Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Please consider the environment before printing this email. http://www.epa.gov/watersense/From: Gary [mailto:gary@oscoconstruction.com] Sent: Friday, December 09, 2011 1:49 PM To: PIO@mydelraybeach.com Cc: 'Gary Cisco' Subject: RE: Media Release: Notice of Public Hearing -Fire Assessment Fee I see that you wish raise an estimated $3,339,734.00. With this increase in revenue, what is the estimate decrease on our present tax bills for the Fire Department? I see from you announcement, that you are implementing these fees to create a more fair and equitable cost sharing system among the City’s residents and businesses. I can only assume you are not trying to increase revenues for the Fire Department. Gary Cisco 138 NE 1st Ave DelrayBeach, Fl. 33444 From: City of Delray Beach [mailto:Subscriptions@MyDelrayBeach.com] Sent: Friday, December 09, 2011 1:03 PM To: gary cisco Subject: Media Release: Notice of Public Hearing -Fire Assessment Fee 1 From: Reade, Richard Sent: Friday, December 09, 2011 4:08 PM To: 'gary@oscoconstruction.com' Cc: Dechicchio, Rosanne; Nubin, Chevelle; Gaskins, Lanelda Subject: RE: Media Release: Notice of Public Hearing -Fire Assessment Fee Mr. Cisco, Thank you for your E mail regarding the proposed Fire Assessment Fee. We will forward this note to the City Clerk’s Office and ensure that it will be forwarded to the City Commission prior to their consideration of the issue. 3 CITY OF DELRAY BEACH MEDIA RELEASE Notice of Public Hearing -Fire Assessment Fee Tuesday, January 17, 2012 December 9, 2011: The City Commission of the City of Delray Beach, Florida, will conduct a Public Hearing to consider implementing a Fire Assessment Fee for residential and commercial properties on Tuesday, January 17, 2012, in City Hall Commission Chambers, 100 NW 1st Avenue. Public Hearings, which allow for public comment, begin at 7:00 pm. The Fire Assessment Fee, if approved, will fund a portion of the City's essential fire protection services costs (i.e., personnel and operating). This fixed, annual non ad-valorem Assessment Fee would be similar to the fees charged by neighboring communities (i.e., Boca Raton, Boynton Beach, West Palm Beach, etc.) and would create a more fair and equitable cost sharing system among the City's residents and businesses. The total amount of revenue to be collected by the City of Delray Beach annually under the assessment program is estimated to be $3,339,734. The City Commission is expected to take action on this issue at their Regular Meeting on Tuesday, January 17th, 2012, following the requisite Public Hearing. If imposed, the Fire Assessment Fee will be billed directly via first class mail for Fiscal Year 2011/2012 and will appear on the Fiscal Year 2012/2013 tax bill and each year thereafter. Additional information on the Fire Assessment Fee Public Hearing, Apportionment Method and Assessment Rates has been mailed to all property owners. The City encourages everyone to read the letter and attend the Public Hearing or provide written comments to the City Commission. If you have any questions, contact the City's Public Information Office at (561) 243-7190 or E-mail PIO@mydelraybeach.com. Contact: City of Delray Beach Public Information Office (561) 243-7190 PIO@mydelraybeach.com City Commission: Nelson S. "Woodie" McDuffie, Mayor Angeleta Gray, Vice-Mayor Thomas Carney, Deputy Vice-Mayor Adam Frankel, Commissioner Dr. Jay Alperin, Commissioner MyDelrayBeach.com Follow CityDelrayBeach on Twitter January 2, 2012 Chevelle D. Nubin, CMC, City Clerk for the City of Delray Beach Office of the Clerk 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Ms. Nubin, I am writing to let you know that I am not in favor of the proposed non ad valorem tax that is being considered for the property owners of Delray Beach. I understand that if the tax is approved, it will generate an additional 3.34 million in revenue to our annual budget of 22 million. I am in favor of giving the fire rescue services the equipment they need to do their job but I believe cuts somewhere else can provide what is needed. Delray Beach currently has one of the higher millage rates of $23.31 in the local area. I used to live in the city of Boca Raton and the millage rate there is $20.03. The city of Highland Beach has a millage rate of $19.85. I do not understand how the city of Delray cannot operate on $23.31 per $1,000 from each resident that owns property. We pay enough taxes. I would respectfully ask that you consider standing up for the citizens of Delray Beach and say “no” to additional taxes and ask where we can cut expenses. Individuals that have property valued less than $50,000 do not pay any taxes at all. Personally I think this is unfair. They still have all the benefits of other citizens in our town; fire rescue still comes to their home if it’s burning. Maybe the city should consider a flat/minimum tax for these individuals as a way to make up some of the difference. Thank you for your consideration Ms. Nubin. I appreciate your time and your service to our community. Sincerely, Debbie Castagna 1 Wynn, Kimberly From: Reade, Richard Sent: Tuesday, January 17, 2012 4:04 PM To: Agenda Coordinator Subject: FW: FW: Thank you. Have a great day! Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Please consider the environment before printing this email. http://www.epa.gov/watersense/From: Andrew Burnham [mailto:aburnham@burtonandassociates.com] Sent: Tuesday, January 17, 2012 3:31 PM To: Reade, Richard Cc: mburton@burtonandassociates.com; Harden, David; Smith, Douglas; Barcinski, Robert; Agenda Coordinator Subject: Re: FW: Rich, As indicated previously, the fire assessment methodology relies upon the Department of Revenue Property Use Codes or Designations for each property as contained within the records of the Palm Beach County Property Appraiser for determining the amount of the assessment to each property. The particular properties you reference are designated as Commercial Condos (DOR Use Code 4969), not as Public Schools (DOR Code 8300). There are likely other similar properties that have certain ad valorem exemptions due to their non-profit status (or due to their reliance upon public funding), but receive non-ad valorem assessments based upon the findings of benefit received by these properties from the services received and the policy decisions of the City. Additional Information for Item 10.A. 2 Sincerely, Andy-On Tue, Jan 17, 2012 at 3:08 PM, Reade, Richard <reade@mydelraybeach.com> wrote: Andy, Please see the E-mail below regarding the Delray Youth Vocational Charter School (aka – Delray Beach Youth Enrichment Development Center, Inc.). Apparently, this Charter School receives public funding and they do not pay any property taxes to the City. However, they do pay the City’s stormwater non ad-valorem assessment, as well as the County’s Solid Waste Authority and the Lake Worth Drainage District). The question is: would they fall under the public school classification and be exempt from the proposed Fire Assessment Fee? Thank you. Have a great day! Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E-Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Additional Information for Item 10.A. 3 Please consider the environment before printing this email. http://www.epa.gov/watersense/From: Knabb, Benjamin Sent: Thursday, January 12, 2012 3:04 PM To: Reade, Richard Cc: Nastasi, Debra Subject: FW: Thanks Richard. From: karen goranson [mailto:karengoranson@dyvcs.com] Sent: Thursday, January 12, 2012 2:56 PM To: cjoujou@hotmail.com; Knabb, Benjamin; alankirschenbaum@seabreezew ealthmanagement.com; rgago@adt.com Cc: Marjorie Waldo Subject: Dear all, I have attached a Notice of Public Hearing from the City of Delray Beach regarding a change in assessments for our two units in the Congress Commerce Center. FYI …….so you know our costs are going up…..and if you are interested in attending. Karen Additional Information for Item 10.A. 4 Karen M. Goranson Office Manager Delray Youth Vocational Charter School 601 N. Congress Ave. #110 Delray Beach, FL. 33445 561-266-2206 561-266-2208 FAX karengoranson@dyvcs.com --Andrew Burnham Senior Vice President Burton & Associates 200 Business Park Circle, Ste. 101 St. Augustine, FL 32095 Phone: (904) 247-0787 Fax: (904) 241-7708 Cell: (904) 631-5109 Additional Information for Item 10.A. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 11, 2012 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 ORDINANCE NO. 44-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider providing for revisions to the Charter of the City of Delray Beach by amending Article III, “Legislative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms”; Section 3.08, “Vacancies; Filling of Vacancies”; and Section 3.09, “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term from a two year term to a three year term and clarifying the applicability of such change; providing for a referendum election to be held on March 13, 2012. BACKGROUND At the first reading on January 10, 2012, the Commission passed a revised version of Ordinance No. 44-11 which provides that if a commissioner is appointed, the appointment will not extend beyond the maximum time that is currently allowed, which is approximately fourteen (14) months. RECOMMENDATION Commission discretion. ORDINANCE NO. 44-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, “LEGISLATIVE”, SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS”; SECTION 3.08, “VACANCIES; FILLING OF VACANCIES”; AND SECTION 3.09, “TERM LIMITS”; AMENDING ARTICLE V, “ELECTIONS”, SECTION 5.02, “TYPES OF ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM AND CLARIFYING THE APPLICABILITY OF SUCH CHANGE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 13, 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may by ordinance submit a proposed amendment to the Charter to the electors of the municipality; and WHEREAS, the City Commission of the City of Delray Beach deems it advisable to amend the Charter of the City to provide: (i) that the terms of office for the Mayor and other City Commission Members be extended from two years to three years. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article III, “Legislative”, Section 3.02, “City Commission; Composition, Eligibility, Election and Terms”, be amended to read as follows: Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS. (A) Composition and Term. The City Commission shall be composed of five (5) Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a term of two (2) three (3) years in the manner provided in this Charter. (B) Staggered Terms. Two (2) Commissioners shall be elected in even-numbered years, and two (2) Commissioners shall be elected in odd numbered years. The Mayor may be elected in an even or odd numbered year. Two (2) Commission seats with terms expiring in 2013 shall be filled by election in 2013 and every three years thereafter, and two (2) Commission seats with terms expiring in 2014 shall be filled by election in 2014 and every three years thereafter. The Mayor’s term commencing in 2013 shall be filled by election in 2013 and every three years thereafter. 2 ORD. NO. 44-11 (C) Length of Mayor’s Term. If a special or regular election is held to fill a vacancy in the office of Mayor, the duration of the Mayor’s term of office will be for two (2) years commencing on the last Thursday in March prior to the special election the remainder of the unexpired term. (D) Term as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Charter. Section 2. That Article III, “Legislative”, Section 3.08, “Vacancies; Filling of Vacancies”, Subsection (A), “Vacancy in Office of Commissioner”, be amended to read as follows: Section 3.08. VACANCIES; FILLING OF VACANCIES. The office of a Commissioner, including the Mayor, shall become vacant upon the incumbent’s death, resignation, forfeiture, or removal from office in any manner authorized by law. Any vacancy in the membership of the Commission, other than at the close of a regular term, shall be filled according to the following procedure. (A) Vacancy in Office of Commissioner. In the event of a vacancy other than in the office of the Mayor, the remaining Commissioners, including the Mayor, shall appoint, by a majority vote, a qualified person to fill the vacancy. (1) If the term of office in which the vacancy occurs expires on the last Thursday in March following the next regular City election, the person so appointed shall only serve until that date. (2) If the vacancy occurs sixty (60) or more days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve until the last Thursday in March and the remainder of the unexpired term shall be filled at that election. (3) If the vacancy occurs less than sixty (60) days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve for the entire remainder of the unexpired term. (1) If the vacancy occurs less than sixty (60) calendar days preceding the second Tuesday in March and the term of office expires on the last Thursday in March, following a regular City election, which will occur no later than the second Tuesday in March of the following year, the person so appointed shall serve the unexpired term of the office to which they are appointed. (2) If the vacancy occurs less than sixty (60) calendar days preceding the second Tuesday in March, of a regular City election year, and the term of office does not expire on the last Thursday in March of the following year, the person so appointed shall serve until said last Thursday in March of the following year and a special 3 ORD. NO. 44-11 election to fill the remainder of the unexpired term shall be held on the second Tuesday in March of that year. (3) If the vacancy occurs more than sixty (60) days prior to the second Tuesday in March, of a year when there is no regular City election, the person so appointed shall serve until the last Thursday in March and the remainder of the unexpired term shall be filled at a special election to be held on the second Tuesday in March. (4) If the vacancy occurs more than sixty (60) days prior to the second Tuesday in March, of a regular City election year and the term of office in which the vacancy occurs expires on the last Thursday in that March, the person so appointed shall serve until the last Thursday in March. (45) If a majority of the remaining Commissioners, including the Mayor, are unable to agree, after two (2) regular meetings, upon the appointment of an individual to fill a vacancy., Tthe Commission shall call a special election to fill the vacancy. The special election shall be held within sixty (60) calendar days of the second regular meeting. (B) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, there will be an election to fill the Mayor's seat which will be held at the time of the next regular City election. If a vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the Mayor shall be elected at a special election If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the second Tuesday in March, there will be an election to fill the Mayor’s seat which will be held on the second Tuesday in March. If a vacancy occurs in the office of Mayor prior to but less than (60) calendar days preceding the second Tuesday in March, the Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special election is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat and other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of Ordinances may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the contrary, the Mayor elected at the special election shall assume office after the first regular meeting after being elected. (2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her former seat and complete the remainder of his or her Commission term if any part thereof remains unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational 4 ORD. NO. 44-11 meeting shall serve until a new Mayor is seated and shall thereafter return to his or her seat. (3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission. The vacancy on the Commission shall be filled in the manner set forth in this Charter except the Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs sixty (60) days or more before the next election shall serve only until the last Thursday in March following the next regular City election. If a vacancy occurs on the Commission as a result of a vacancy in the office of Mayor less than sixty (60) days before the next election, the Commission seat shall remain vacant, notwithstanding anything to the contrary within this Charter until after the assumption of office of the Mayor after the special election. (4) If the Vice-Mayor is unable or unwilling to succeed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of the second regular meeting after the vacancy then a special election shall be held for the election of the Mayor. (5) If a vacancy occurs in the office of Vice-Mayor, the Deputy Vice-Mayor shall automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by the Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. (C) Extraordinary Vacancies. In the event that all members of the Commission are removed by death, disability, resignation or forfeiture of office, the Governor shall appoint a Commission, including a Mayor, with full Commission powers. The interim Commission shall then call a special election, as provided under this Charter, to fill the appointed offices. The special election shall be held not more than ninety (90) days after appointment of the interim Commissioners. Section 3. That Article III, “Legislative”, Section 3.09, “Term Limits”, be amended to read as follows: Section 3.09. TERM LIMITS. (A) Term Limit. Individual Commissioners, including the Mayor, shall be prohibited from holding office for more than six (6) nine (9) consecutive years. The term “holding office” shall be defined as serving as Commissioner or Mayor. The term “consecutive years” shall not include any years served as a result of an appointment. Effective for those elected in March of the year 2003 and thereafter, a Commissioner or Mayor may complete the entire term to which they were elected, if a term limit is reached during an elected term. Effective for those Commissioners and Mayor, who voted on this Ordinance, they will only be allowed to serve a total of three (3) consecutive terms, which will include consecutive terms already served prior to the adoption of this Ordinance. In the event a Commissioner, who voted on this Ordinance, is elected Mayor, then any 5 ORD. NO. 44-11 partial year term served as a Commissioner will not count toward the three consecutive term maximum. (B) One Year Hiatus. A person who has served the maximum amount of consecutive time allowed by this Charter as a Commissioner or Mayor shall not assume office again until the last Thursday in March of the year following the expiration of his or her term of office. Section 4. That Article V, “Elections”, Section 5.02, “Types of Elections”, be amended to read as follows: Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (A) Date of Nonpartisan Election. Nonpartisan elections shall be held on the second Tuesday in March of each year in which a term of the mayor or city commissioner expires (which, starting in 2013, will be every three years thereafter, for the mayor and commission seats 1 and 3; and 2014, and every three years thereafter, for commission seats 2 and 4). (B) Ties. In case of a tie in the nonpartisan election, a second nonpartisan election shall be held. (C) Special Election. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special elections. Section 5 That this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 13, 2012, for the purpose of approving or disapproving this ordinance. If a majority of the electors voting upon such a question approve the amendment, then the amendment shall be in full force and effect and shall apply to the election held on March 12, 2013 and all elections thereafter. If a majority of the electors voting upon such question disapprove such amendment(s), then the amendment(s) shall be null and void. The question to be submitted to the electors at such election shall be substantially as follows: Question One CHARTER REVISION RELATING TO THE LENGTH OF TERMS AND TERM LIMITS FOR THE COMMISSION MEMBERS AND MAYOR CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAYOR) SERVE TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS. THE CHARTER AMENDMENT PROPOSES THREE-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS AS WELL AS CLARIFYING THE APPLICABILITY OF SUCH CHANGE AS PROVIDED IN ORDINANCE NO. 44-11. IF PASSED THIS AMENDMENT SHALL APPLY TO THE COMMISSIONERS AND MAYOR ELECTED IN MARCH 2013 AND THEREAFTER. 6 ORD. NO. 44-11 SHOULD THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? _____YES (for approval) _____NO (against approval) Section 6. That upon approval of this ordinance by the electors as aforesaid, all ordinances or Charter provisions or parts of Charter provisions in conflict shall be and the same are hereby repealed as of the effective date of this ordinance. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 8. That this ordinance shall become effective upon its passage on second and final reading. The Charter Amendment shall take effect (and be applicable to the election) on March 12, 2013, if approved by a majority of the electors as provided in Section 3 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of January, 2012. ______________________________________ M A Y O R ATTEST: ____________________________ City Clerk First Reading ______________ Second Reading _____________ MEMORANDUM TO: Mayor and City Commissioners FROM: R. BRIAN SHUTT, CITY ATTORNEY DATE: January 6, 2012 SUBJECT: AGENDA ITEM SP.1 -SPECIAL/WORKSHOP MEETING OF JANUARY 10, 2012 ORDINANCE NO. 44-11 ITEM BEFORE COMMISSION Adoption of Ordinance 44-11 regarding a proposed charter amendment related to commission terms and the applicability of such changes. BACKGROUND Pursuant to the direction given by Commission, at its January 3, 2012 regular meeting, I have prepared the following charter amendment related to increasing the length of a term of a Commissioner/Mayor from 2 years to 3 years and providing that no commissioner/mayor who votes on this ordinance shall be allowed to exceed 3 consecutive terms, which includes consecutive terms already served as of the date of the adoption of this ordinance. The proposed ordinance was also changed to provide that in the event a commissioner was appointed, the appointment would not extend beyond the maximum time that is currently allowed, which is approximately 14 months. The charter ballot language was modified to provide that there were changes to clarify the change in terms. This charter amendment would be placed on the ballot for the March 2012 election and, if passed, would be effective starting with the March 2013 election cycle. RECOMMENDATION Commission discretion. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5279&MeetingID=365 1/11/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 9, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 3, 2012 ORDINANCE NO. 44-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an ordinance amending the Charter of the City of Delray Beach by amending Article III, “Legislative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms” and Section 3.09, “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term from a two (2) year term to a three (3) year term; providing for a referendum election to be held on March 13, 2012. BACKGROUND At the first reading on December 6, 2011, the Commission passed Ordinance No. 44-11. RECOMMENDATION Commission discretion. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID= 5214&MeetingID=340 1/11/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 29, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF DECEMBER 6, 2011 ORDINANCE NO. 44-11 ITEM BEFORE COMMISSION Adoption of Ordinance 44-11 regarding a proposed charter amendment related to Commission terms. BACKGROUND Pursuant to the direction given by Commission, at its November 8, 2011 workshop meeting, I have prepared the following charter amendment related to increasing the length of a term of a Commissioner/Mayor from 2 years to 3 years and providing that no Commissioner/Mayor who votes on this ordinance shall be allowed to exceed 3 consecutive terms, which includes consecutive terms already served as of the date of the adoption of this Ordinance. This charter amendment would be placed on the ballot for the March 2012 election and, if passed, would be effective starting with the March 2013 election cycle. RECOMMENDATION Commission discretion. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5163&MeetingID=363 12/9/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 4, 2012 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JANUARY 17, 2012 ORDINANCE NO. 02-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 96, “Fire Safety and Emergency Services”, by amending 96.16, “Certain Codes Adopted by Reference”, to comply with the State of Florida’s updated changes in the Fire Prevention Code Standards. BACKGROUND At the first reading on January 3, 2012, the Commission passed Ordinance No. 02-12. RECOMMENDATION Recommend approval of Ordinance No. 02-12 on second and final reading. ORDINANCE NO. 2-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES”, BY AMENDING 96.16, “CERTAIN CODES ADOPTED BY REFERENCE”, TO COMPLY WITH THE STATE OF FLORIDA’S UPDATED CHANGES IN THE FIRE PREVENTION CODE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission follows certain NFPA codes in relation to minimum fire safety standards and the Florida Fire Prevention Code; WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of Ordinances to reflect recent changes in the Fire Prevention Code Standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 96.16, “Certain Codes Adopted by Reference” of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. (A) The City adopts by reference and incorporates into this Code as though fully set out herein, that certain code, as it may from time to time be amended, known as the Florida Fire Prevention Code, and the incorporated standards. (B) The City adopts by reference and incorporates into this Code, as though fully set out herein, those specific codes and standards, from the Florida Fire Prevention Code. In addition to the codes adopted by the Florida Fire Prevention Code, the City of Delray Beach adopts National Fire Protection Association codes listed below and as they may be amended: NFPA 18 2006 Wetting Agents NFPA 170 2006 Fire Safety Symbols NFPA 326 2005 Safeguarding Tanks and Containers NFPA 408 2004 Aircraft Hand Portable Fire Extinguishers NFPA 423 2004 Construction and Protection of Aircraft Engine Test Facilities 2 ORD. NO. 2-12 NFPA 496 2003 Purged and Pressurized Enclosures for Electrical Equipment NFPA 502 2004 Road Tunnels, Bridges, and Limited Access Highways NFPA 720 2005 Household Carbon Monoxide Warning Equipment NFPA 780 2004 Installation of Lightning Protection Systems NFPA 820 2003 Fire Protection in Wastewater Treatment and Collection Facilities NFPA 914 2001 Fire Protection in Historic Structures NFPA 1141 2003 Planned Building Groups NFPA 1962 2003 Care, Use and Service Testing of Fire Hose Including Connections and Nozzles NFPA 1961 2002 Fire Hose The City hereby adopts the following amendments to the Fire Prevention Code of the National Fire Protection Association, N.F.P.A. Pamphlet No. 1, included in the Florida Fire Prevention Code, adopted in this article: (1) Section 13.3.2 is amended to include the following language: Approved automatic fire sprinkler systems as hereinafter defined shall be installed throughout hereinafter constructed buildings and structures or appropriate sections thereof: (a) The following buildings of an institutional or educational character; all hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers caring for more than 12 clients under 1 year of age, adult congregate living facilities, and all occupancies and uses of similar nature to those herein stated, without regard to the type of construction or height of the building or structure involved. (b) All new construction involving wood or partial wood frame buildings or structures which are 2 stories or more than 20 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. Singlefamily homes, duplexes and townhouses shall be exempt from this requirement except as provided in section (d) below. For reconstruction or rehabilitation of existing structures where the total area of the additional/renovation included in the modification does not exceed 50 percent of the area of the building, the work shall be considered exempt from this requirement. 3 ORD. NO. 2-12 (c) All buildings or structures regardless of the type of construction which are 3 or more occupied stories or have three (3) or more unoccupied stories as deemed required by the authority having jurisdiction (AHJ). Occupied story is defined by N.F.P.A. 101 the Life Safety Code as a story occupied by people on a regular basis. Stories used exclusively for mechanical equipment rooms, elevator penthouse, and similar spaces are not occupiable stories. (d) All buildings or structures regardless of the type of construction which are in excess of 12,000 square feet per floor, or an aggregate of 12,000 square feet if there is unprotected communication between floors or intermediate spaces. (e) All portions or sections of buildings or structures which are below grade or which constitute the basement area of a building or structure regardless of square footage of floor area or type of construction. The automatic fire sprinkler systems herein referred to and the installation thereof which is required by this ordinance shall be as contained in and provided for with the applicable standard specified for this section under appendix A of this Fire Prevention Code. (2) Section 13.2.2.2 is amended to include the following language: All hereafter constructed buildings and structures more than 3 stories in height or 36 feet in height or all buildings more than 2 stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes to provide reasonable safety to persons and property. For purposes of this section, height is measured from finish ground floor grade to the underside of the topmost roof assembly. (3) Section 13.2.3 is amended to include the following language: All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law, shall be maintained in operative condition at all times to provide the service for which installed. All fire sprinkler, standpipe, and fire pump systems shall be annually inspected, serviced, and maintained under a written service contract with service companies licensed by the State of Florida to provide such services and which possess a current occupational license for the City of Delray Beach providing for regular maintenance and testing of the systems in accordance with the applicable standards specified under Appendix A of this Fire Prevention Code and N.F.P.A. 13A, N.F.P.A. 14A and N.F.P.A. 25. 4 ORD. NO. 2-12 The service company performing the maintenance and tests shall forward a written report to the Fire-Rescue Department indicating the nature of any repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections and any other information which may be required by the fire-rescue services department. In addition, a copy of the service report must be maintained on the premises, and it shall be subject to inspection by the Fire-Rescue Department at anytime. (4) Section 13.3.1.7 is amended to include the following language: Valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water based fire suppression systems shall be supervised by an approved Central station signaling service. (5) Section 13.7.1.1 is amended to include the following language: Remote monitoring locations shall not be permitted to verify fire alarm signals prior to reporting them to the Fire-Rescue Department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ____ day of _______________, 2012. ___________________________________ MAYOR ATTEST: ___________________________ City Clerk First Reading________________ Second Reading______________ MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle E. Connor, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: December 14, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 3, 2012 ORDINANCE NO. 02-12 ITEM BEFORE COMMISSION The City Commission is requested to approve a revision and update of various sections of Chapter 96 of the City Code of Ordinances. BACKGROUND Revision and updating of the Florida Fire Prevention Code by the state takes place every three (3) years. Section 633.025 (4) of the Florida Statues identifies the procedure a municipality must follow to amend the Florida Fire Prevention Code. This section states that local amendments sunset every three (3) years and require re-adoption by the City Commission. Some previous local code amendments (i.e. NFPA 170 Fire Safety Symbols, NFPA 326 Safeguarding Tanks and Containers, NFPA 820 Fire Protection in Wastewater Treatment and Collection Facilities, etc.) have now been adopted by the State and included in the Florida Fire Prevention Code, thus no longer require local adoption as an amendment to the code. Other portions of the previously approved and locally adopted code (i.e. NFPA 18 Wetting Agents, NFPA 408 Aircraft Hand Portable Fire Extinguishers, NFPA 423 Construction and Protection of Aircraft Engine Test Facilities, etc.) were not adopted therefore require local adoption by the City as justified by our close proximity to the Boca Raton Executive Airport and mutual aid responsibilities. The sprinkler language in Section (1), subsection (b) is the same as amended in May of 2011. Likewise, the verbiage in Section (1) subsection (c) remains the same as amended in June/July of 2011. All the remaining sprinkler language is the original verbiage used during ordinance adoption . RECOMMENDATION Recommend that the City Commission approve the revision and update of various sections of Chapter 96 of the City Code of Ordinances. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5222&MeetingID=340 1/4/2012 9 01/03/12 application that was approved on November 9, 2011, by the S ite Plan Review and Appearance Board (SPRAB) which includes three accessor y structures including some bathrooms, a storage area, an outside bar and outside l obster cooker, and an outside deck that is to be used for outside entertainment. Mr. D orling stated this entertainment area is the subject of this appeal. The determination that r equires this additional process is consistent with how this outdoor entertainment venu e has been handled in the past. The only legally established outside venue of this type is the approval received as part of the redevelopment of Block 85 formally known as Grove Square and now it is currently known as IL Bacio. Mr. Dorling stated they processed a conditi onal use under LDR Section 4.6.6.(A)(2) which states that certain conditional u ses are allowed within commercial districts and they are subject to this conditional use process where appropriate conditions can be placed on them including visual and other impacts like noise. Mr. Dorling stated the applicant may argue that the outside entertainment is an accessory use to a restaurant but the accessory uses in the CBD (Central Business Dist rict) and outdoor entertainment is not included in that. He stated to assume that all resta urant uses may include outside entertainment would set a dangerous precedent citywide. Tom McMurrian, Ocean Properties, stated they own the M arriott and a few years ago they bought Boston’s Restaurant, stated they downscaled the property to make it more functional and briefly explained how the trucks pull into the site, back up to make the deliveries, pull back out and leave onto Atl antic Avenue. Mr. McMurrian stated they are trying to keep the trucks from going any furt her south. He briefly explained Phase II. He stated they looked at ways to keep the sound down by creating a wall. The wall starts on A-1-A at 5 feet; it steps up to 8 feet; steps u p to 12 feet and then steps up to 13 feet and the wall becomes a sound barrier. Alan Ciklin, Attorney representing the owners of Bo ston’s Restaurant, stated November 9, 2011, they were approved by the Site Plan Review and Appearance Board (SPRAB) and at that time there was a recommended condition of approval that Boston’s be required to obtain a conditional use for d inner places, places of assembly, live concerts or live performances. Mr. Ciklin stated at the SPRA B meeting they explained that they were not doing that but they were just accessory music like so many other venues on Atlantic Avenue and SPRAB agreed and voted unanimousl y to eliminate that condition. He stated they received the letter of approval from SP RAB and it was not a condition anymore; however, there was a comment that said they ne eded a conditional use for music. Mr. Ciklin stated he filed an appeal on behalf of Bost on’s indicating that this is accessory to the restaurant area and it is not a music type of venue. Mr. Ciklin stated the City Attorney explained to him that because it was a comme nt and not a condition of approval that the appeal was really Mr. Dorling’s decision not the condition and this was amended accordingly. He stated then he received a telephone call from Mr. Dorling and that was not the section after all and that there was another sect ion that stated “all commercial uses need to be within four walls except for certain accepted u ses including outside dining areas”. Therefore, Mr. Ciklin stated they amended the appeal to be the appeal of that. He stated the music that they are providing in that limited space i s an accessory use to the dining and is not a primary use. Mr. Ciklin stated music is acce ssory to the dining area because if you walk up and down Atlantic Avenue there are a number of r estaurants that have outside 10 01/03/12 music playing; some are outside and some are under a roof and only one has a conditional use. Mr. Ciklin stated as Boston’s is going through an expense in making this the premiere place on Atlantic Avenue they are hoping they have the sa me benefit as those other uses. Edward Dugger, Acoustics Architect, 789 SW Federal Highway Stuart, Florida 34994, stated they have been working on projects with the City of Miami Beach, South Beach, Orlando, Palm Beach Gardens, and West Palm Beach. Mr. Dugger stated as an important part of controlling the noise especially the music is being able to control the audio system. He stated if they have control over the audio sy stem they can also can model the speaker placement and the throat patterns of the s peakers so they know exactly where the sound goes not only in the near field but also a ny reflections that come off buildings. Mr. Dugger also suggests that a salable meter be buil t into the venue not only the band members but also the management can understand what the sala ble are. The City of Delray Beach has two requirements; one is a decibel (measure d in DBA) and another one called L50. He stated they can go through the materials involved such a s a thatched roof, sand for the floor versus concrete or pavers. Mayor McDuffie stated if anyone from the public wou ld like to speak in favor or in opposition of the appeal, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Dorling stated this requirement is an LDR requirem ent and it is required to go through a conditional use process. He states st aff can apply reasonable conditions, frequency, and hours of operation. Mr. Dorling stated if the Comm ission takes the position that it is just allowed as an accessory use the City l oses that control. Mr. Dorling stated restaurants on Atlantic Avenue that do have music and those tha t have it inside and you can hear it from the outside it is in a completely enclos ed building as identified in the LDRs. He stated the moment you go outside you need this condi tional use process. The City Manager stated there have been a number of restaurants that have been in violation as well and they have been required to either remove speakers or tone the volume down. Mr. Ciklin stated there is outside music being provi ded in addition to just Johnnie Brown’s and reiterated that only one conditional use has been granted. Mr. Ciklin stated SPRAB unanimously recommended that the condition r equiring conditional use approval for music be eliminated. He stated at the S PRAB hearing there was no opposition. Mr. Ciklin stated the old pre-renovated Boston’s had outside music as part of the tiki bar and it was never a problem and the pool a rea that was part of the Bermuda House that was eliminated was probably a bigger proble m. Dr. Alperin made reference to the minutes of the las t meeting and stated the Commission was very specific in the approval to the s ite plan, landscape plan, etc. that it was not including the approval of entertainment on the platform. Dr. Alperin stated his vote in supporting the site plan with the platform was with the knowledge that there was not going to be entertainment there. 11 01/03/12 Mr. Carney stated Mr. Ciklin’s statement suggestin g that the pool would be as big of a problem as outdoor entertainment is not a correct comparison. Mr. Carney stated he understands there are restaurants along the Aven ue but to compare the beach area and this location with a corridor of entertainment venue s he does not find to be a correct comparison either. He stated staff is not saying tha t there cannot be outdoor entertainment but they are saying because it is contiguous to resid ential neighborhoods that there should be some controls on the hours of the entertainment an d/or the volumes. Mr. Carney supports staff’s recommendation that a conditional u se for outdoor entertainment is required. Mrs. Gray stated while she appreciates what is be ing done to Boston’s, she feels the LDRs and ordinances need to be upheld and th ey are put in place to protect everyone. She stated the residents should have some type of input being that music does travel. Mrs. Gray supports staff’s recommendation. Mr. Frankel stated Boston’s has had a tiki bar for many years with live bands on the weekends. Mr. Dorling stated they were not approved for the bands; they were approved for an outside bar area that when they w ent for approval did not include an area for a band. Mr. Dorling stated if he was aware that they were having bands there, staff would have had Code Enforcement sent out. Mr. Frankel s tated the renovation is beautiful but the problem he has is the comparison to the music on Atlantic Avenue and how many phone calls has the Commission received about the musi c on Atlantic. Mr. Frankel stated to him that side is a lot quieter on Friday at 11:00 p .m. than on the corner of 2 nd and Atlantic Avenue. Mr. Frankel stated there should be c ontrols. Mayor McDuffie stated he is a musician and has playe d at Boston’s. He loves the site plan and concurred with Commissioner F rankel that the Commission has received numerous phone calls and email out of two pla ces in the center of Atlantic Avenue to the point of litigation in one of the two. Mayor Mc Duffie stated noise regulation in this community is of the utmost importance and supports a conditional use where the City has control over the music. Mayor McDuffie stated he suppor ts staff’s recommendation. 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). Dr. Alperin moved to adopt the Board Order denying the applicant’s appeal of the Planning and Zoning Director’s interpretation regarding the outdoor entertainment function, seconded by Mr. Carney. Upon roll call the C ommission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; M r. Carney – Yes; Dr. Alperin – Yes. Said motion to adopt the Board Order denying the ap plicant’s appeal passed with a 5 to 0 vote. At this point, the time being 7:32 p.m., the Commission moved to the du ly advertised Public Hearings portion of the Agenda. 12 01/03/12 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 44-11: Consider an ordinance amending the Charter of the City of Delray Beach by amending Article III, “Legi slative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms” and Se ction 3.09, “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term from a two (2) year term to a three (3) year term; providing for a referendum election to be held on March 13, 2012. The caption of Ordinance No. 44-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, “LEGISLATIVE”, SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS” AND SECTION 3.09, “TERM LIMITS”; AMENDING ARTICLE V, “ELECTIONS”, SECTION 5.02, “TYPES OF ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 13, 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-11 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and state d this ordinance provides for a change in the Commission terms. The City Attorney stated at the last Commission meeting they made some modifications to dire ct staff to go ahead and have the terms modified to allow for three terms and the term amount of three years would stay the same. 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. Mr. Carney requested that certain language changes be conside red and asked how this will be addressed. The City Attorney stated de pending on what the Commission decides tonight he can go back and re-draft the ordinance a nd come forward with a second reading on January 17, 2012. Brief discussion between the Commission and the City Attorney followed. 13 01/03/12 Mr. Carney stated if someone is elected to a three year te rm and the next election would be in two years under the way the other portions of t he code worked that person would be appointed and would serve essentially the next elec tion which would be two years. He stated in the event that there was an appointment that the person could not serve two years until the next election and that there would have t o be a special election so that there would not be two years until the next election. Mr. C arney stated the concept was that an appointment needs to be limited to the next t ime an election could be held not scheduled to be held. Brief discussion between the Commission and the City Attorney continued. Lanelda D. Gaskins, Deputy City Clerk, stated the deadline for t he City to get this ordinance into the Supervisor of Elections is January 18, 2012. After brief discussion, the City Manager stated the simple st thing to do would be to have the language state that anytime someone is appointe d that they serve until the following March, and if there is not a regular election t he following March have a special election. Mr. Frankel and Mrs. Gray stated they support this. The City Manager explained that what the Commission is say ing is that if someone gets appointed they do not want to have an appointed person ser ve for the approaching two years. The idea is that if someone is appointed t hey can only serve until the following March. If there is a regularly scheduled ele ction the following March, fine. If there is not, there would be a special election that Marc h so that someone would be elected to fill out the term and it would follow the same pattern that we have now. A resident from the public spoke and stated there are approxim ately 100 people in the Commission Chambers this evening, 60,000 people in the C ity and feels they should weigh in how the Commissioners are elected. Mayor McDuffie declared the public hearing open. Connor Lynch, speaking on behalf of DELPAC (Delray Economic Leaders Political Action Committee) as the Chair, stated as a result of the votes and the discussion at the last meeting revolving around the term limit issue DELPAC has the following consensus regarding the changes being proposed in priorit y order: (1) opposed to any changes to terms and term limits that would favorably a ffect anyone currently holding office in an elected position, (2) opposed to an extension of ter m limits to nine (9) years as they do not feel an adequate argument has been made f or the need for this, (3) Mr. Lynch stated the group was less adamantly opposed to t he change from 2-3 years but overall the consensus was to leave the term limits as they are now. Mr. Lynch stated DELPAC feels that a change to the Charter to reflect the t imes is a positive thing but that all aspects of the Charter should be reviewed at once. 14 01/03/12 Patricia Archer, 380 Sherwood Forest Drive, Delray Beach, FL 33445, stated she believes that a ballot question that supports a Commi ssion term limit change from three two year terms to two three year terms has a g ood chance of passing for a variety of reasons: (1) elections are expensive, (2) the Commi ssioners campaign, work for a year, and then campaign for the next year and it makes t hem campaign too many times for too long a time. She understands that the Commission believes that 3 three -year terms would give them more time to participate and better re present the City at County and State levels but does not believe the constituency is interes ted in extending the length of Commission service to nine (9) years. Mrs. Archer stated she supports the referendum process but urged the Commission to reconsider the number of terms. Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483, stated this is not a simple issue and expressed concern with t he length of terms and so called “career politicians”. He stated if this is a Chart er ballot issue then that should be the case but to do this just on the expediency of saving some money in elections he would challenge the Commission to look at the budget. Mr. Edick stated this should go through the proper process and urged the Commission to get more community input before they make a decision. Tom Lynch, 28 Country Road, Boynton Beach, FL 33436, stated this is a serious enough issue that it should constitute a Charter Revision C ommittee made up of citizens who own and run the city. Mr. Lynch stated he does not feel this change should be made by the Commission especially when some people might personally benefit from it. Cary Glickstein, 1118 Waterway Lane, Delray Beach, FL 33483, concurred with comments expressed by Mr. Lynch and Mr. Edick. Mr. G lickstein stated the precedent in the City is to have a Charter Review of somethi ng so important especially when the Commission benefits and when there is feel ing both nationally and locally that the public does not want people in office that long . He stated they want fresh ideas and good government. Mr. Glickstein stated he is not suggesting that they want different people now but it should stay the same until the peo ple of the city vote to change it not the Commission. 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 Beach and Member of the Alliance), concurred with comments expressed by Mr. Glickstein and stated he does not support someone’s term extended to t hree (3) years. He stated he would not want the Commission to have control for nine (9) year s. Dr. Kirson stated a six (6) year limit is all that is needed and urged t he Commission to not support this. Tom Stanley, 3524 Oleander Way, Delray Beach, FL 33483 (Gulf Stream), Secretary for DELPAC (Delray Economic Leaders Polit ical Action Committee), stated there is not enough community involvement or community outreach in what the Commission would like to do. 15 01/03/12 Mr. Stanley supports DELPAC’s opinion and stated two three year terms would be fine. He stated he understands what the Commission is talking about regar ding the appointing and the special election; however, Mr. Stanley stated it is too s oon without the community outreach. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-11, the public hearing was closed. Mr. Frankel stated the intent of what the Commission was propos ing to do was to let the citizens decide not ten people who spoke or not one g roup or organization. He stated he emailed several people and had some communicati ons. Mr. Frankel stated there would be $40,000.00 in savings every third year. In Delray, the Comm ission is not able to advance to leadership positions in Palm Beach County, the Pa lm Beach County League of Cities, or the Florida League of Cities because of t he current limits. Mr. Frankel stated in Palm Beach County 19 municipalities have two y ear terms; 17 municipalities have three year terms; 2 municipalities have four year terms but in Palm Beach County only 3 municipalities allow members to serve two cons ecutive terms; 2 municipalities allow maximum service of three consecutive te rms; and 33 have no term limits. Mr. Frankel stated in recent election cycles the las t four Commissioners have not served out their maximum potential. He stated it is important to have a debate and he understands what Commissioner Carney is proposing but the Commis sion is not doing anything self-serving. Mrs. Gray stated she agrees that the citizens should have inp ut and also agrees that the two three year terms is a possibility. Ho wever, Mrs. Gray stated she has experience with the Palm Beach County League of Cities, the F lorida League and the National League of Cities and as elected officials they do not have time to develop relationships with these legislators in order to get the issues passed or that they would be able to be on these committees. Mrs. Gray stated it would not b e self-serving to her because it would only extend one year. She stated we need to figure out more ways to save dollars for election and everyone would be included at the time of the vote. Mrs. Gray stated she supports the three three-year term. Mr. Carney stated there was a concept of saving money which he felt was important. He stated he does not feel that fresh faces for the sake of fresh faces is a good idea and sometimes gray hairs count because experience counts. Mr . Carney stated the arrogance would be if he saw that these things could actually benefit Delray Beach and did not put them to the voters. Mr. Carney stated he is going to let the voters decide what they want he is not going to decide for them. Dr. Alperin stated he will not be benefiting from this bec ause he is not running for office. He stated there was a suggestion that this be done with a Charter Review Committee. Dr. Alperin stated in 1990 he ran against an incumbent and David Randolph ran against an incumbent and they beat the incumbents. Dr. Al perin stated he supports democracy and does not like having his choice being limited. He does not support this because it does have a term limit. 16 01/03/12 Dr. Alperin stated you lose your democracy with term limits. Mayor McDuffie stated he is term limited out and no matter what happens in what the Commission votes on here one year from March (2013) he wil l leave the office of the Mayor of Delray Beach. He stated whatever dec ision is made tonight has no effect on him as an elected official whatsoever and asked that it not be cal led self-serving. Mayor McDuffie stated he can think of a more pure form of democr acy than the voters deciding what the answer to this is. The City Attorney stated since the Commission has directed him to make the change to the ordinance as stated by the City Manager, he s uggested that there be a First Reading on this ordinance at the Workshop meeting and a second reading on January 17, 2012 because the changes will change the caption of the ordinance. Mayor McDuffie stated he would like to see this as single is sue/Special Meeting held in the Commission Chambers not the first floor conference room. Dr. Alperin moved to continue Ordinance No. 44-11 onto First Reading on January 10, 2012 to include the modification, seconded by Mr. Frankel. Upon r oll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuff ie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 50-11: Consider an amendment to Chapter 34, “Elections”, by amending Section 34.16, “Filing of Nominating Petitions ”, to modify the number of registered voters required to sign a petition to grant e ligibility of a candidate to qualify to run for office. The caption of Ordinance No. 50-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, “ELECTIONS”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 34.16, “FILING OF NOMINATING PETITIONS”, TO MODIFY THE NUMBER OF REGISTERED VOTERS REQUIRED TO SIGN A PETITION TO GRANT ELIGIBILITY OF A CANDIDATE TO QUALIFY TO RUN FOR OFFICE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-11 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 17 01/03/12 and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. Chuck Halberg, 4870 S. Classical Boulevard, Delray Beach, FL 33445, asked why people already running only have to obtain 250 signatur es if this ordinance is still being considered. Gary Eliopoulos, 314 N.W. 7 th Street, Delray Beach, FL 33444, stated he respects how the Commission makes their decisions but also bel ieves when you really believe in something sometimes you actually want it to be the people that help select this. Mr. Eliopoulos stated the City actually has approximately 30,000 r egistered voters and only 4,000 that vote. Mr. Eliopoulos stated it is not really going t o the public and the signatures are based on 1% of the actual registered voters. He encouraged the Commission to rethink some of these things and feels that a Charter Review is nec essary. 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 Beach and Member of the Alliance), stated he has 287 signatures and averages about 7 signatures an hour. Dr. Kirson stated the purpose of getting sign atures is to speak to people and hear their input that is great. He stated for hi m to obtain 450 signatures is impossible. Dr. Kirson stated most of the other candidates have kids or political groups getting signatures for them and asked what this accomplishes. There being no one from the public who wished to address the Commission regarding Ordinance No. 50-11, the public hearing was closed. Dr. Alperin stated when the City was smaller the 1% meant about 200 people. Dr. Alperin stated 250 signatures is a substantial num ber of signatures to get to justify that you deserve the right to run. Dr. Alperin stated t here are so many registered voters and only a few thousand actually vote you have to actually get more than 10% of the actual voters you have to get to sign and noted this is too high. Mr. Carney stated when he undertook this task it was described to him that the reason he has all these signatures is because you get to meet the people. However, Mr. Carney stated the reality is that most people have other people out there getting signatures for them all of which shows community support but it doe s not meet the objective of actually getting to meet the people. Mr. Carne y stated out of the average number of people who vote (anywhere between 3,000 and 3,400 people in a m unicipal election) 250 seemed like a good number because it is 8% of the ac tual voters. He stated he would have been prepared to take 10% of the average number of p eople who voted as your standard. Mr. Carney stated 500 signatures is a lot of sig natures and it does keep some people from running. Mrs. Gray supports candidates obtaining 250 signatures and she is also fine with raising it to 300 if the Commission wishes to do so. 18 01/03/12 Mr. Frankel stated what is being proposed tonight is 250 valid signatures. He stated when he went through the process the Commission needed 410 and he turned in 550 and some were kicked back because he had duplicates, etc. Mr. F rankel stated 250 valid signatures means 350-400 signatures which shows the candidate is taking it seriously and feels 250 valid signatures is fair. Mayor McDuffie stated he has run three times and the first time his campaign team was his wife and they went to all the places they could think of in Delray Beach to gather signatures. Mayor McDuffie stated the number of registered voters is about 41,000 so you need to obtain 410 signatures and he has always gather ed 600 signatures or more because some people who think they live in D elray Beach and have a Delray Beach mailing address actually live in unincorporated D elray Beach west of the City limits. He stated you really need to take 50% above the target number that you have been given and you need to get that many signatures to get qual ified. Mayor McDuffie stated he always obtained 600 or more to make sure he got through on the first time. Mayor McDuffie stated right now you need 410 verified signatures to get on the ballot until this ordinance passes at which point it will dr op to 250 valid signatures. Dr. Alperin moved to adopt Ordinance No. 50-11 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – No; Dr. Alperin – Yes; Mr . Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 1 vote, Commissioner Carney dissenting. At this point, the time being 8:34 p.m., Commissioner Carney stepped away from the dais. 10.C. ORDINANCE NO. 47-11 (SECOND READING/SECOND PUBLIC HEARING): City-initiated amendment to the Land Development Regulations (LDR) Sections 4.4.6 “Medium Density Residential (RM) District”, 4.4.9 “Gene ral Commercial (GC) district”, 4.4.12 Planned Commercial (PC) District, 4.4.13 “Central Busines s (CBD) District” and Section 4.4.28 Central Business District–Railroad Cor ridor, in order to provide that assisted living facilities will be allowed in t he same manner as multiple family residential developments with respect to the number of units and density . The caption of Ordinance No. 47-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT, SUBSECTION (D), “CONDITIONAL USES AND 19 01/03/12 STRUCTURES ALLOWED”, SECTION 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (B), “PRINCIPAL USES AND STRUCTURES PERMITTED”, SECTION 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (G)(3)(4), “MULTIFAMILY DWELLING UNITS”, SECTION 4.4.12, “PLANNED COMMERCIAL (PC) DISTRICT”, SUBSECTION (G), SUPPLEMENTAL DISTRICT REGULATIONS”, SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, SUBSECTION (D), “CONDITIONAL USES AND STRUCTURES ALLOWED”, SECTION 4.4.28, “CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)”, SUBSECTION (D), “CONDITIONAL USES AND STRUCTURES ALLOWED, TO ADD ASSISTED LIVING FACILITIES TO THE LIST OF ALLOWED USES IN THE SAME MANNER AS MULTIPLE FAMILY RESIDENTIAL USES IN ORDER TO BRING CONSISTENCY BETWEEN THE LAND DEVELOPMENT REGULATIONS AND STATE AND FEDERAL LAWS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-11 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 add assisted living facilities to the list of allowable uses in the same manner as multi-family residential uses are treated within the RM, GC, PC, CBD, CBD-R C zoning districts. Mr. Dorling stated recent amendments achieved most of this on April 15, 2008 (Ordinance 20-08) and on January 19, 2010 (Ordinance 01-10) to allow assisted living fac ilities to be accommodated similarly (with respect to the number of resident s and units) to either single family, duplex, or multi-family uses in the zoning distri cts in which those uses were allowed. However, Mr. Dorling stated it was discovered that assisted living facilities were not accommodated under two situations and those wer e where special regulations allowed increased densities within certain overlay districts. Mr. Dorling stated this is a corrective ordinance that accommodates them unde r those two circumstances. He stated required findings were made under LDR Section 2.4.5(M)(5) and staff recommends approval. 20 01/03/12 At its meeting of November 21, 2011, the Planning and Zoning Board recommended approval with a 6 to 1 vote (Gerry Franciosa dissenti ng). At its meeting of December 13, 2011, the City Commission approved this item on first reading. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Or dinance No. 47-11, the public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 47-11 on Second Reading/Second Public Hearing, seconded by Mr. Frankel. Upon roll c all the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Y es; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 48-11 (SECOND READING/SECOND PUBLIC HEARING): Consider a city-initiated amendment to Land Development Regulations (LDR) Section 4.3.3, “Special Requirements for Specific Uses”, by enacting a new Subsection 4.3.3 (AAAA), “Simulated Gambling Devices”, in order to prohibit use of same and to enact a new definition of, “Simulated Gambling Devices”. The caption of Ordinance No. 48-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”; BY ENACTING A NEW SUBSECTION 4.3.3(AAAA), “SIMULATED GAMBLING DEVICES”, IN ORDER TO PROHIBIT USE OF SAME AND AMENDING APPENDIX “A” TO ENACT A NEW DEFINITION OF “SIMULATED GAMBLING DEVICES”; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-11 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 prohibit simulated ga mbling devices and their related places of business. He stated these are sometimes referred to as internet cafés, 21 01/03/12 sweepstake cafés, or cyber cafés. Mr. Dorling stated these are businesses that sell internet access or telephone calls that allow people to enter into sweepstakes on computers and these games pay out cash prizes. He stated thi s circumvents the current gambling laws because they are buying computer time and p hone cards rather than technically paying to play a game to win money. Mr. Dorling stated these businesses have been popping up across the nation and more recently in Flori da. He stated there are some negative aspects associated with that including increases in crime rates, financial hardships on low income customers, and some tied to lower property values. Mr. Dorl ing stated these are different from adult gaming facilities whi ch are allowed in the City in certain zoning districts as a conditional use; however, they differ i n that the sweepstakes winnings are significantly higher for this type of use rather than an adult gaming facility which is limited to .75 per game and does not allow any cash awar ds, gift certificates, gift cards, credit cards, or other cash substitutes. At its meeting of November 21, 2011, the Planning and Zoning Board considered this item and the Board recommended approval with a 7 to 0 vote. At its meeting of December 13, 2011, the City Commission considered this ordina nce on first reading and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Or dinance No. 48-11, the public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 48-11 on Second Reading/Second Public Hearing, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. G ray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 45-11: Consider a city-initiated amendment to Land Development Regulations (LDR) Section 4.4.9, “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations”, Sub-sub section (3), “Four Corners Overlay District”, to correct outdated references. The caption of Ordinance No. 45-11 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 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, SUB- SUBSECTION (3), “FOUR CORNERS OVERLAY DISTRICT”; TO CORRECT OUTDATED REFERENCES THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 22 01/03/12 (The official copy of Ordinance No. 45-11 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. Mayor McDuffie declared the public hearing open. There b eing no one from the public who wished to address the Commission regarding Or dinance No. 45-11, the public hearing was closed. Paul Dorling, AICP, Director of Planning and Zoning, stated this is to correct outdated references concerning conditional uses that are a llowed in the four corners overlay district on Military Trail and Atlantic Avenue. Mr. Dorling stated there have been some changes in the listing of the specific conditional us es by letter and the references in the four corners related to those individual lette rs which have changed and are being realigned. He stated the required findings under LDR Section 2.4.5(M)(5) are made in the staff report. At its meeting of November 21, 2011, the Planning and Zoning Board recommended approval with a 7 to 0 vote. At its meeting of December 13, 2011, the City Commission considered this ordinance on first reading and recommended approval. Mayor McDuffie declared the public hearing open. Ther e being no one from the public who wished to address the Commission regarding Or dinance No. 46-11, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 45-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 46-11: Consider an Ordinance amending Chapter 113, "Alcoholic Beverages", Section 113.02, “Prohibition of Consumption or Pos session of Open Containers of Alcoholic Beverages in Public Places”. The caption of Ordinance No. 46-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, “ALCOHOLIC BEVERAGES”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 113.02, “PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN 23 01/03/12 PUBLIC PLACES”, TO INCLUDE AN EXCEPTION FOR THE DELRAY BEACH ARTS GARAGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-11 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. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Or dinance No. 46-11, the public hearing was closed. Dr. Alperin disclosed that the President of the Creative City Collaborative which runs the Arts Garage is Commissioner Carney and he is Vice-President . Mr. Frankel moved to adopt Ordinance No. 46-11 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alp erin – Yes. Said motion passed with a 5 to 0 vote. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. 11.A. City Manager’s response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Colleen Barbara, 1240 Seaspray Avenue, Delray Beach, FL 33483, asked if a moratorium has been placed on any of the pending appl ications for the sober homes and if so she would like to have it in writing so that she can bring it back to Philadelphia and they can go to sleep at night. Mayor McDuffie stated every effort that can possibly be expended on this issue right now is being expended. 11.B.2. Joann Stanley, Municipal Marketing Manager for Public Services, stated they are second largest waste and recycling company in the United States and they are committed to providing safe, sufficient, and cost effective services for residents and businesses. 24 01/03/12 Ms. Stanley encouraged the Commission to request proposals when c onsidering what direction to take regarding the City’s Solid Waste collection services for the residents of Delray Beach. 11.B.3. 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 Beach and Member of the Alliance), stated 2½ years ago the three unrelated rule was passed and noted he has attended almost every City Commission Regula r Meeting and City Commission Workshop Meeting and nothing was mentioned to correct the problem. Dr. Kirson stated for 2½ years while other cities were correc ting the problem why were our Commissioners not correcting the problem. Dr. Kirson stated this City Commission does not have one member who at their last election was voted in by the residents of the City of Delray Beach; they all ran unopposed. 11.B.4. Al Jacquet, 236 S.E. 3 rd Avenue, Delray Beach, FL 33483 , stated he heard Mayor McDuffie state that he has reached out to the Sta te Legislative Delegation on this transient home issue. Mr. Jacquet stated the Legislative Session starts January 10, 2012 and he works for State Representative Mack Bernard (former D elray Beach City Commissioner) and also noted that he is Mr. Bernard’s Legislative Aide. Mr. Jacquet stated if people are having issues with the transient homes do not hesitate to reach out to him. Mr. Jacquet stated he is a 22 year resident, a licensed attorney and works at the State House. 11.B.5. Pat Archer, P.O. Box 8301, Delray Beach, FL 33482, stated transient living facilities have caused major problems for the neighborhoods because they are operated as a business in a residential community. Mrs. Arche r stated transient living facilities provide a substantial impact on the neighborhoods bec ause of the following factors: (1) numerous cars parked in driveways, roadways, swal es, with comings and goings at all hours of the day and night, (2) congregations of p eople usually in the front of the home smoking, drinking, and indulging in loud conversation far into the ni ght, (3) many more than three (3) unrelated people/individuals are living together and some not very peacefully, and (4) belongings including furniture, TV’s, Wi -Fi equipment, personal paraphernalia either in boxes or just dumped at the curb happen al l the time and in some cases several times a month. Mrs. Archer stated this is not a normal living situation and disrupts the normality and the characteristics of a neighborhood. She urged the Commission to take all the necessary steps they can to protec t the integrity of the neighborhoods. At this point, the time being 8:58 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. AMENDMENT NO. 1 TO THE AGREEMENT/PLAYERS INTERNATIONAL MANAGEMENT, INC. (PIM): Consider approval of Amendment No. 1 to the Agreement with Players International Manageme nt, Inc. (PIM) to extend the term of the Agreement as well as modify when the events may be held. 25 01/03/12 Brian Shutt, City Attorney, stated this agreement provides that there will be a nine year term beginning October 1, 2012, and provides for one nine year additional term that the City can renew for if they so desire. He stat ed another change is to allow that the events may be held from April to October; however, if there is a major event that is scheduled for the same time period PIM would have to get the Ci ty’s consent. The City Attorney stated another change is that in order to use the City’s tennis facilities at the Delray Swim and Tennis Club that they would have to get the City’s consent. Mr. Carney stated he prefers a renewal process. This c ompels people to have their feet to the fire more. Mr. Frankel stated this is a good idea because years ago the City was criticized because there were not enough events at the tennis ce nter. He stated since being invited to the junior tournaments which are held at least four times a year there are 200 players in addition to coaches coming to the city. Mr. Frankel s tated he serves on the Palm Beach County Tourist Development Council who looks highly at wh at is going on with these USTA events as well as traveling for the tennis championships to London and seeing the national players and the level of respect Delray Beach has on a worldwide level. Mr. Frankel stated this is a special group that runs am azing events and supports this amendment. Mrs. Gray asked how long it has taken to develop the relationships in getting these tournaments here. Mr. Baron stated they have been bringing four USTA events to the City of Delray Beach. Mr. Baron stated six year s they were able to get the sanction for the Boys and Girls 12 and under Spring National Champions hips. He stated that event has grown and is over 50 years old and brings with it ove r 200 players. Mr. Baron stated these events are during the summer and the hotels , businesses, etc. have grown from these events. Mr. Baron stated they are up to eig ht events they bring to the City and one of the events they brought in May was an internat ional event that had kids from 30 countries around the world whose parents, coaches, and siblings came. Dr. Alperin asked what the benefit is to the City for exte nding these contracts. Mr. Baron stated they are televised so they go through the production costs, etc. Mr. Baron stated in the agreement they did an economic impac t with the Sports Commission of Palm Beach County and it has been verified that over the last five years of this agreement over $8.8 million has been brought into the city on just three events. Dr. Alperin asked what the advantage is to the City of Delray B each be extending the contract. Mr. Baron stated having these events here benefits the City econom ically. Mr. Carney reiterated that he has a problem with doubling t he period without having the ability to terminate the agreement. Mr. Baron stated if the Commission wishes to do this for five years he is okay with that. The City Manager stated the proposed amendment is to make it 3 five year renewals and 1 three year renewal. He stated this still ext ends out 18 years but the Commission will get to review it every five years. 26 01/03/12 Dr. Alperin moved to approve Amendment No. 1 subject to amending the agreement to make it 3 five year renewals and 1 three year ren ewal, 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. 9.C. SPECIAL EVENT REQUEST/VIVA SOUTH FLORIDA: Consider approval and endorsement of a new event, Viva South Florida, produced by Peg asus Entertainment proposed to be held on the grounds of Old School Square and O ld School Square Park from noon to 11:00 p.m. on September 14-15, 2012 and from noon to 8:00 p.m. on September 16, 2012; to grant a temporary use permit per LD R Section 2.4.6(F) for the use of City rights-of-way to include N.E. 1st Avenue from the north side of the Old School Square grounds to south of the garage entrance and Swinton Avenue from Atlantic Avenue to approximately the southernmost driveway entrance to the Crest Theatre; and to authorize staff support for traffic control and se curity, Fire/EMS services, site cleanup and trash removal, electrician assistance, barri cading assistance, event signage, trash boxes, and use of a City generator; contingent upon the conditions of approval listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this is a new event called “VIVA South Florida” produced by Pegasus Entertainment p roposed to be held on the grounds at Old School Square and in the Old School Square Park on Sep tember 14- 15, 2012 from noon to 11:00 p.m. and September 16, 2012 from noon to 8:00 p.m. Mr. Barcinski stated the Commission is also requested to approve staf f support for traffic control and security, Fire/EMS services, site cleanup and tras h removal, electrician assistance, barricading assistance, event signage, trash box es, use of a City generator and a temporary use permit per LDR Section 2.4.6(F) for the use of City rights-of-way to include NE 1 st Avenue as well as Swinton Avenue. Mr. Barcinski stated the set up for this event is like the Garlic Festival. A letter, special event permit, site plan, budget and economic calculator was received from Mr. Carrillo, CEO Pegasus Entertainment. The proposed event is a Latin American Festival designed to be a ki ckoff event for Hispanic Heritage month. The West Palm Beach Hispanic Chamber of Comm erce is supporting this event. The estimated overtime costs is $22,700, trash boxes $400 a nd signage $250 for a total cost of $23,350. The event producer will pay 100% of City costs. Staff recommends consideration of the event with the eleven (11) conditions listed on page two of the backup. Mr. Frankel moved to approve the Special Event Request for the “V IVA South Florida” event proposed for September 14-15 from noon to 11:00 p.m., a nd September 16, 2012, from noon to 8:00 p.m., subject to the eleven (11) conditi ons listed on page two in the memorandum, seconded by Mrs. Gray. Upon roll ca ll the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carne y – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 27 01/03/12 Mr. Carrillo, CEO Pegasus Entertainment, introduced the Executive Director of the Hispanic Chamber of Palm Beach County and state d they were going to attempt to do this last year. Mr. Carrillo stated there wa s some consideration of the event regarding the economy last year and they did not feel it was sui table to do. Mr. Carrillo stated they are better prepared for it this year and they can be successful. At this point, a representative from the Hispanic Chamber of Palm Beach County came forward and thanked the City of Delray Beach for its support. 9.D. REQUEST FOR QUALIFICATIONS (RFQ) RESPONSES FOR ARCHITECTURAL CONSULTING SERVICES/CAPITAL IMPROVEME NT PROJECTS (CIP): Consider approval of the Architectural Consulting Services RFQ (RFQ# 2012-05) responses short list and authorization to negotiate contra cts with each of the five (5) companies on the short list. Project #12-056. Richard Hasko, Director of Environmental Services, stated this i s the last of a series of three major requests for qualifications for arc hitects for the next 2-5 years. Mr. Hasko stated staff advertised and established an RFQ r ating committee to review the respondents. Staff recommends approval of the rankings and negotiat ion of contracts to the five (5) top ranked architects: Currie Sowards Aguila A rchitects, Walters Zackria & Associates, Inc., David Miller and Associates, Slattery & Assoc iates and Bridges Marsh and Associates. Mr. Hasko stated the final respondent rankings are based on a wei ghted total of all raters’ individual rankings and rankings based on tota ling raw point scores are used solely for tie breaking. Mr. Hasko briefly explained the process and stated the difference of the weighted numbers is the multiplier is no longer in there. Mr. Frankel moved to approve the Request for Qualifications (RFQ) Responses for Architectural Consulting Services, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – No; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion wa s approved with a 4 to 1 vote, Dr. Alperin dissenting. 9.E. APPOINTMENT OF OUTSIDE COUNSEL TO ASSIST IN REVIEW OF ORDINANCES REGARDING TRANSIENT HOUSING: Consider a request to appoint outside counsel to assist the City Attorney’s Of fice in the drafting, review and defense of ordinances concerning transient residential use as well as reasonable accommodation procedures. The City Attorney stated this item is to approve outside counsel to assist the City Attorney’s office in the drafting, review and defense of ordinances concerning transient residential housing as well as reasonable accommodati on procedures. The City Attorney stated there are two firms; one firm is on a national level and has contacts in Washington, D.C. and the other firm is a more local firm that has assisted the City in the past and is the same firm that the City of Boca Raton used as well. 28 01/03/12 Staff recommends the approval of the local firm of Weiss Serota to assist the City in possible litigation as well as giving the ordinances a local perspective and if the Commission wishes to go with a national firm they are liste d in the memorandum with their rate structures. Mr. Frankel stated the City Attorney’s office has worked very hard with limited staff and limited attorneys. Mr. Frankel stated he woul d like to allow the City Attorney to contract with both of the firms. The City Attorney suggested going with Option #3. Mrs. Gray concurs with Commissioner Frankel that we need to put in place and exercise all our options even though this is going to be expensive. Mr. Carney concurs with the recommendation and stated this is ve ry important that we balance everybody’s interests and rights. Dr. Alperin asked how the national firm was selected. The City Attorney stated the law firm of Patton Boggs was recommended to him by C ommissioner Carney and staff researched on line as well. Dr. Alperin supports the Commission. Mayor McDuffie stated enforcing some of the restrictions tha t we have in these ordinances is labor intensive. He stated the City would h ave to dramatically increase the number of Code Enforcement officers in Delray. May or McDuffie stated the Commission is hoping that something that we get out of this finds a way for us to enforce it without so many people on the street going door-to-door investigating each one of these homes and checking identification to see who is related to whom whi ch is a difficult process. Mayor McDuffie stated he supports using the local fi rm until the City needs the national firm. Mayor McDuffie stated this is a difficult balancing act o f not taking people who are renting properties and behaving as the perfect landlord and for the City to go in and stop them from being able to make a living while trying to regulate someone who is unscrupulously debunking parents while providing no medical care or r ehab. Mayor McDuffie stated he has sent many residents letters that he w rote to the State Delegation and the Governor and asked that the residents send these to Tallahassee. Dr. Alperin moved the appointment of outside counsel as presented wit h Option #3, seconded by Mr. Frankel. 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. 9.F. OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $9.5 mill ion in Patricia Miley v. City of Delray Beach. Staff recommends denial. 29 01/03/12 The City Attorney stated the plaintiff has made a demand for $9.5 million and staff recommends denial. This case rises out of an accident involving a Delray Beach Police Officer in 2009. Mr. Frankel moved to deny the Offer of Settlement in the amount of $9.5 million in Patricia Miley v. City of Delray Beach, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. G ray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said mot ion to DENY passed with a 5 to 0 vote. 9.G. APPOINTMENT OF OUTSIDE COUNSEL FOR PATRICIA MILEY v. CITY OF DELRAY BEACH: Consider approval to appoint Kent Pratt, Esq. as outside counsel in the case of Patricia Miley v. City of Delray Beach at the rate of $140.00 per hour. The City Attorney stated staff recommends the appointment of Kent Pratt, Esq. at the rate of $140.00 per hour to act as outside trial counsel in this case. Mr. Carney moved to appoint to appoint Kent Pratt, Esq. as outside counsel in the case of Patricia Miley v. City of Delray Be ach, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Ye s; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.H. OFFER OF SETTLEMENT IN ANDREA WALLACE ET, AL. V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $40,000.00 in Andrea Wallace et, al . v. City of Delray Beach. Staff recommends denial. The City Attorney stated staff recommends denial of the Offer of Settlement in Andrea Wallace et, all. V. City of Delray Bea ch because they believe the damages are excessive. Mr. Carney moved to deny the Offer of Settlement in the amount of $40,000.00 in Andrea Wallace et al v. City of Delray Beach, seconded by M rs. Gray. 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. 9.I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members to the Code Enforcement Board to s erve three (3) year terms ending January 14, 2015. Based upon the rotation system, the appoi ntments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). 30 01/03/12 Mr. Frankel moved to reappoint Kurt Lehmann as a regular member to the Code Enforcement Board to serve a three (3) year term ending Ja nuary 14, 2015, seconded by Mr. Carney. Upon roll call the Commission voted as fol lows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Ye s; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to reappoint Stephanie Sugar as a regular me mber to the Code Enforcement Board to serve a three (3) year term ending Ja nuary 15, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as fol lows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffi e – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to reappoint David Boone as a r egular member to the Code Enforcement Board to serve a three (3) year term ending January 15, 2015. Mr. Frankel so moved, seconded by Dr. Alperin. 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. 9.J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by C ommissioner Carney (Seat #1). Mr. Carney stated he would like to defer his appointment to the nex t regular meeting of January 17, 2012. 9.K. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2012 and one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Financial Review Board. Based upon the rotation system, the appointments will b e made by 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 January 17, 2012. Mayor McDuffie stated he would to appoint Warren Trilling as an alternate member to the Financial Review Board to serve an unexp ired term ending July 31, 2013. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Fra nkel – Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint one (1) At-Large-Representative to the Kids and Cops Commit tee to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Alperin (Seat #2). 31 01/03/12 Commissioner Alperin moved to appoint Jennifer Aracri as an At-L arge- Representative to the Kids and Cops Committee to serve an unexp ired term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as f ollows: Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance Board to serve an unexpired term ending August 31, 2013. Bas ed upon the rotation system, the appointment will be made by Commissioner Alperin (Seat #2). Dr. Alperin moved to appoint Alice Finst as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve an unexpired term ending August 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as f ollows: 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. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 02-12: Consider an amendment to Chapter 96, “Fire Safety and Emergency Services”, by amending 96.16, “Certain Codes Adopt ed by Reference”, to comply with the State of Florida’s updated ch anges in the Fire Prevention Code Standards. If passed, a public hearing will be held on January 17, 2012. The caption of Ordinance No. 02-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES”, BY AMENDING 96.16, “CERTAIN CODES ADOPTED BY REFERENCE”, TO COMPLY WITH THE STATE OF FLORIDA’S UPDATED CHANGES IN THE FIRE PREVENTION CODE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 02-12 is on file in the City C lerk’s office.) The City Attorney read the caption of the ordinance. 32 01/03/12 Dr. Alperin moved to approve Ordinance No. 02-12 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as fol lows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffi e – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Dr. Alperin Dr. Alperin had no comments or inquiries on non-agenda items. 13.C.2. Mr. Carney Mr. Carney stated he attended First Night and it was great . He stated he went for breakfast the following morning after First Night and t he streets were immaculate. Mr. Carney commended City maintenance and stated t hey did a wonderful job with the cleanup. 13.C.3. Mrs. Gray Mrs. Gray had no comments or inquiries on non-agenda items. 13.C.4. Mr. Frankel Mr. Frankel thanked Mr. Barcinski, City staff, and the rest of t he Commission for coming to the Menorah lighting. Mr. Frankel stated there was about 300 people which was triple the attendance compared to last ye ar. He publicly acknowledged Sharon Frankel for donating the Hanukkah candy. 13.C.5. Mayor McDuffie Mayor McDuffie stated he attended First Night with his fa mily and had a great time. He stated there was a great crowd and he spoke to the police officers many times including right after he signed off on the midnight Fiat drop . Mayor McDuffie stated at that time the City had zero incidents downtown during First Night. 33 01/03/12 Mayor McDuffie stated he watched the police personally inst ruct people that they could not carry alcohol in the street and noted that the City has to som ehow get that word out that it is okay if you stay in the restaurants and have alcohol but you cannot carry the alcoholic drink in the street. Secondly, Mayor McDuffie stated a gentleman bought the L-sh aped piece at the intersection of Linton Boulevard and South Federal Highway try ing to redo that as retail for $11 million. Mayor McDuffie stated people are ba cking out on him because of the overlay. Mayor McDuffie stated this gentleman is losing hi s clients with that overlay hanging over their heads they are not going to commit to somebody where in six months something may change where that use is not permitted. There being no further business, Mayor McDuffie declared the m eeting adjourned at 9:59 p.m. __________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R 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 January 3, 2012, which Minutes were formally approved and adopted by t he City Commission on ________________________. __________________________________________________ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They 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 January 3, 2012; Item 9.A. City Commission Meeting on January 3, 2012; Item 9.A. City Commission Meeting on January 3, 2012; Item 9.A. City Commission Meeting on January 3, 2012; Item 9.A. City Commission Meeting on January 3, 2012; Item 9.A. SPECIAL/WORKSHOP MEETING JANUARY 10, 2012 A Special/Workshop Meeting of the City Commission o f the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, January 10, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Jay Alperin 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 Mayor Nelson S. McDuffie called the special/worksho p meeting to order and announced that it had been called for the purpose of considering the following Ite ms. SPECIAL MEETING AGENDA 1. ORDINANCE NO. 44-11 (FIRST READING): Consider an ordinance providing for revisions to the charter of the City of Delray Beac h by amending Article III, “Legislative”, Section 3.02, “City Commission: Composition, Eligib ility, Election, and Terms”; Section 3.08, “Vacancies; Filling of Vacancies”; and Section 3.09 , “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term from a two year term to a three year term and clari fying the applicability of such change; providing for a referendum election to be held on M arch 13, 2012. If passed, a public hearing will be held on January 17, 2012. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, “LEGISLATIVE”, SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS”; SECTION 3.08, “VACANCIES; FILLING OF VACANCIES”; AND SECTION 3.09, “TERM LIMITS”; AMENDING ARTICLE V, “ELECTIONS”, SECTION 5.02, “TYPES OF ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM AND CLARIFYING THE APPLICABILITY OF SUCH CHANGE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 13, 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 2 January 10, 2012 (The official copy of Ordinance No. 44-11 is on file in the Cit y Clerk’s office.) The City Attorney read the caption of the ordinance and stated based on comments from the Regular Meeting on January 3, 2012, staff modified the language in the ordinance regarding appointments. Mr. Carney thanked the City Attorney for the revised langua ge. Dr. Alperin stated the language is fine now. Mayor McDuffie concurred that the language is much clearer than last time. Mr. Frankel stated he had a lengthy discussion with someone from the public regarding the ordinance and they discussed the pros and cons of t he ordinance. He encouraged the public to contact the Commission regarding this. Mrs. Gray stated the three (3) year term allows the commission to build relationships with our legislators as well as staff. She asked that we mak e sure that the residents understand the ordinance. Dr. Alperin stated that reporters need to make sure the facts are reported; even in the headlines. He stated the Commission voted only to put the Ordinance to th e voters. Mr. Carney stated this is a straightforward issue. He reiterated that the reasons that were articulated for doing this were to strengthen the C ommission with local and state representation and with the staff. Mayor McDuffie asked the public to contact the Comm ission if they have questions. He spoke regarding relationships with state legislators and Washington. He stated there are many things locally that we cannot do by ourselves. He reitera ted that relationship building takes a while. He discussed history and continuity as well as institu tional knowledge. Mayor McDuffie read the ballot language. Mrs. Gray asked the City Attorney to explain the th ree (3) year terms and how this affects the city having an election. Discussed continued between the Commission. Dr. Alperin moved to approve Ordinance No. 44-11 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Dr . Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es. Said motion passed with a 5 to 0 vote. Mayor McDuffie adjourned the Special Meeting at 6:17 p.m. 3 January 10, 2012 WORKSHOP MEETING AGENDA 1. Art in Public Places Presentation Mrs. Linda Karch, Director of Parks and Recreation, introduced Ms. Elayna Toby Singer, Palm Beach County Arts in Public Places Administrator. Ms . Singer stated she is not here on behalf of Palm Beach County tonight. She is here due to her work with the city’s Public Art Advisory Board. She conducted a PowerPoint presentation reg arding the city’s public art priorities outlined in the City’s and Community Redevelopment Agency’s master, strategic and cultural plans. She also discussed highlights of the city’s public ar ts ordinance. Dr. Alperin stated he has always been excited about public art. He mentioned lighting at Old School Square. Mr. Carney commented that the public art program is good here at the city. Mrs. Gray asked are their any upcoming projects for other ar eas in the city i.e. Military Trail. Mr. Frankel thanked Ms. Singer for the presentation and thanked the Public Art Advisory Board as well. He stated the city does a good job with its public ar t. In addition, he mentioned lighting. Mayor McDuffie stated we have wonderful artists in Delray Beach. He stated there is no sense of central control regarding coordination. He disc ussed lighting and asked what the relationship and expectations can be between the city and Palm Beach Coun ty. Ms. Singer stated she will present a full summary o f key findings and recommendations in February to the Public Art Advisory Board and in March to the C ity Commission. 2. Discussion of Virtual Kiosks Mrs. Lula Butler, Director of Community Improvement , this is a presentation from the Delray Beach Marketing Cooperative (DBMC) in partnership B lueweb Mobile Media. She stated the concept of digital signs and interactive kiosks wer e presented to Commission at a workshop meeting in March 2011. She stated staff will come ba ck to Commission to discuss how to amend our code to allow this if Commission so chooses. Ms. Sarah Martin, Executive Director of the DBMC, t his is a part of their multifaceted Blueweb Mobile Media project. The virtual kiosk is the sec ond phase of this project; the first is Wi-Fi. She stated this will act as a way finding system an d a green alternative for marketing in Delray. It will address economic development as it provides a direct link to merchants and information on their websites. It can also act as an emergency platf orm for city messages regarding hurricanes or any other type of emergency. In addition, it can b e interactive during events. It can be part of public art as well. The kiosk demonstration took pla ce two weeks ago at the Delray Beach Public Library. Mr. Dan Kenny, Blueweb Mobile Media, showed a video of how th e interactive kiosk works. Ms. Martin further explained the kiosk project. Mrs. Butler stated this can be done citywide and me rchants will pay for advertising to be listed on the kiosk. However, there is a conflict with the sign code r egarding off premise signs. 4 January 10, 2012 Mr. David T. Harden, City Manager, stated this prog ram is new and exciting. It can be done assuming Commission would like to move forward as long as we work with our attorneys closely to be sure we are not creating unintended consequen ces in terms of opening things up regarding window signs, etc. Dr. Alperin stated he is excited about this concept ; it a great idea. He stated this concept was discussed when he was on the Old School Square Boar d for Old School Square events and the surrounding area. He stated there has to be a way to word this. He discussed possible working and asked will these be free standing kiosks. Mr. K enny stated the kiosks will be mounted to the inside of a window and the window becomes the touch screen. Mr. Carney discussed advertising and stated he is c oncerned with authorizing a program that might exclude people who cannot pay for advertising-how do w e protect the smaller businesses. Mr. Kenny stated advertising will be $75.00 per month. Mrs. Gray asked what locations have been identified for the virtual kiosks and how many kiosks will be going in. Ms. Martin stated the following l ocations have been identified but they have not received approval yet: Seagate Hotel, Hands, th e 110 Building, Library and Pineapple Grove. In addition, Mrs. Gray asked about the contract and mainten ance. Mr. Frankel stated he likes the fact that there wil l be a listing of everyone included. He stated our ordinances need to be very strict about this. H e feels there are too many signs in Delray Beach. Mr. Kenny stated this is all web based regarding updated info rmation. Dr. Alperin asked if this can be accessed through a webpage. Mr. Kenny stated “Google Chrome” would have to be used. The Mayor suggested a link to the DBMC webpage. Ms. Martin stated this is a single platform project. T he information will be the same on each kiosk; and this is a locked internet. Mr. Brian Shutt, City Attorney, stated as far as what we can do on the code; it will not be specific only to Blueweb Mobile Media but will be applicable and open to others as well. Regarding the code, this could be deemed off premise advertising and reit erated what may or may not be done. Discussion continued regarding the code and Mr. Har den asked Commission to allowed staff to work on this. Commission thanked Ms. Martin and Mr. Kenny for the present ation. Mayor McDuffie adjourned the Workshop Meeting at 8:02 p.m. ________________________________ City Clerk ATTEST: MAYOR 5 January 10, 2012 The undersigned is the City Clerk of the City of De lray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meet ing of the City Commission held on Tuesday, January 10, 2012, which Minutes were formally appro ved and adopted by the City Commission on January 17, 2012. ________________________________ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indica ted above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may i nvolve amendments, additions or deletions to the Minutes as set forth above. WHEREAS, in 1973 Susan Berkowitz-Schwartz MPS, ATR-BC, established All People's Day®, as a multicultural p rogram that helps children, adults, and seniors see and embrace the b eauty of their diversity through the arts and bring about awareness of the u nique attributes in others leading to mutual respect; and WHEREAS, the theme of All People's Day® is "Discovering Our Connections" because throughout the world, and even in our own nation and schools, there have been tragic inci dents involving people who are different; and WHEREAS, All People's Day® gives people, of all ages and wal ks of life, fun and creative ways to explore positive connections through educational programs that teach about diversity thr ough the arts and festivals which showcase diverse entertainment, goo ds and foods from many countries for sale, as well as booths which fe ature craft making, interactive games, and workshops that connect us th rough the visual, dramatic, and language arts; and WHEREAS, it is projected that by the year 2050 European Americans will no longer constitute the majority of the United States population, and people from different cultures wil l be interacting with one another more often than ever before; and WHEREAS, the facets to a communal nature of the community a re: awareness, understanding, and acceptance. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim March 22, 2012 as: ALL PEOPLE'S DAY®ALL PEOPLE'S DAY®ALL PEOPLE'S DAY®ALL PEOPLE'S DAY® in the City of Delray Beach and urge all residents to appreciate the universal qualities at our core and the differences that help make us individuals . The All People’s Day Diversity Festival will be c elebrated on March 31, 2012 at S.D. Spady Elementary School. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Official Seal of the City of Delray Beac h, Florida, to be affixed this 17 th day of January, 2012. ___________________________ NELSON S. McDUFFIE MAYOR WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the rich ness of our dynamic, multicultural society. They embody our Nation’s co re values, including devotion to family, commitment to hard work and pride in their heritage, and have added to every aspect of our national life; and WHEREAS, we must bear witness to the progress, richness, an d diversity of African American achievement; and WHEREAS, the preservation and conservation of African Americ an heritage and culture are important to our history; and WHEREAS, an observance of African American achievement has been recognized since 1926; and WHEREAS, it is important that we share this celebration of the human spirit as demonstrated by the traditions and legacies of o ur African American citizens. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commis sion do hereby proclaim the month of February, 2012 as BLACK HISTORY MONTH and encourage all of our residents to join in this recognition of the accomplishments and contributions made to our community and country by African Americans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17 th day of January, 2012. ____________________________ NELSON S. McDUFFIE MAYOR MEMORANDUM TO:Mayor and City Commissioners FROM:Dot Bast, Training and Development Manager THROUGH:David T. Harden, City Manager DATE:December 21, 2011 SUBJECT:AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 RESOLUTION NO. 04 -12 MICHAEL KOSICK ITEM BEFORE COMMISSION Resolution No. 04-12 honoring Michael Kosick for 30 years of service. BACKGROUND In accordance with the City’s Service Awards policy , employees with 30 years of continuous full-time service are to be honored by the City Commission wi th a resolution and plaque. Michael Kosick, Police Officer achieved this milestone on January 11, 2012 . RESOLUTION NO. 04-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MICHAEL L. KOSICK FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Officer Michael Kosick was hired by the City of Delray Beach as a Police Officer on January 11, 1982 and on January 11, 2012 reached a milestone i n his career, having achieved thirty years of full-time service with the City; and WHEREAS, Officer Michael Kosick has served this community wi th honor and distinction as a Police Officer, and Police Officer First Class; and WHEREAS, Officer Michael Kosick has had a steadfast career with the Delray Beach Police Department that included unprecedented, uninterrupted service as a Road Patrol Officer; and WHEREAS, Officer Michael Kosick has established himself as a loyal, trusted and committed officer and friend to both the Delray Beach Police Department and the citizens that he served; and WHEREAS, the City of Delray Beach and the Delray Beach Poli ce Department are honored to have had Officer Michael Kosick as a valued member of t he municipal team over the past thirty years and he will be missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLO WS: Section 1. That the City Commission of the City of Delray Be ach hereby recognizes and commends Michael Kosick for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Michael Kosick for his many years of service, and wishes him the best of health and happiness in his retirement . PASSED AND ADOPTED in regular session on this the 17th day of January 2012. ___________________________________ MAYOR ATTEST: __________________________________ CITY CLERK RETIREMENT AWARD Presented to Michael L. Kosick As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Police Department January 11, 1982 – January 16, 2012 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 THROUGH:David Harden; City Manager DATE:January 3, 2012 SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 CONSENT OF ASSIGNMENT/CH2M HILL, INC. TO CH2M HILL ENGINEERS, INC. ITEM BEFORE COMMISSION Request approval of the Consent to Assignment of th e professional services agreement, dated April 28, 2004, from CH2M HILL, Inc. to CH2M HILL Engineers, Inc. BACKGROUND CH2M HILL, Inc. has restructured their organization . The reorganization has created a sub-entity dedicated to commercial type contracts, which inclu de contracts with the City of Delray Beach. Therefore, CH2M HILL, Inc. has requested tha t the City consent to the assignment of the professional services agreement, dated April 28, 20 04, to CH2M HILL Engineers, Inc. CH2M HILL Engineers, Inc. will be bound by the exis ting terms and conditions of the original agreement. RECOMMENDATION Staff recommends approval of the consent to assignm ent of the professional services agreement with CH2M HILL, Inc. to CH2M HILL Engineers, Inc. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party unde r that certain agreement dated April 28, 2004 and ori ginally between the City of Delray Beach and CH2M HILL, Inc., does hereby give consent to the assignment of the above-stated Agreement from CH2M HILL, Inc. to CH2M HILL Engineers, Inc. which shall assume all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of _____________________. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: ____________________________ City Clerk By: _______________________________ Mayor Approved as to legal form and Sufficiency: By:____________________________ City Attorney CH2M HILL, Inc. CH2M HILL Engineers, Inc. Date:_____________________ Date:_____________________ By :________________________________ Vice President By:________________________________ Vice President ___________________________________ Witness ___________________________________ Witness ___________________________________ Witness ___________________________________ Witness STATE of FLORIDA COUNTY of ______________ STATE of FLORIDA COUNTY of _______________ The following instrument was acknowledged before me this day of __________________by __________________________as Vice President, of CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced _________________ (type of identification) as identification. The following instrument was acknowledged before me this day of ____________________by _________________________ as Vice President of CH2M HILL Engineers, Inc., a Delaware corporation, on behalf of the corporation. He/she i s personally known to me or has produced _________________ (type of identification) as identification. _______________________________ Signature of Person Taking Acknowledgement _______________________________ Signature of Person Taking Acknowledgement _______________________________ Name Typed, Printed or Stamped _______________________________ Name Typed, Printed or Stamped 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:January 10, 2012 SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 INTERLOCAL AGREEMENT/CRA/SHUTTLE OPERATING AND CAPITAL COSTS FUNDING ITEM BEFORE COMMISSION This item is before the Commission for approval/aut horization for the Mayor to sign an inter-local agreement with the CRA which provides funding for c ontinued shuttle operational and capital costs. Amount of agreement is $300,000 per year for this f iscal year and the next. BACKGROUND In recent months the City applied for and received a $300,000 grant from the Florida Department of Transportation (FDOT). The grant is for continuing the free shuttle service in Delray Beach. A $300,000 local match is required. The CRA has agre ed to provide the $300,000 required match. The attached inter-local agreement with the CRA is for two fiscal year s, FY 12 and 13 and will provide the required match for this grant. The CRA approved th e interlocal agreement at their January 12, 2012 meeting. The total amount of $600,000 for the current fiscal year will be spent in the following manner: $400,000 for operational expenses $200,000 for capital expenses (purchase of trolley like vehicles) RECOMMENDATION Staff recommends approval. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR SHUTTLE B US SERVICE THIS AGREEMENT is made this _________day of _____, 2012 by and between the CITY OF DELRAY BEACH , a Florida Municipal Corporation, (hereinafter referred to as “CITY ”), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY , (hereinafter referred to as the “CRA ”). W I T N E S S E T H : WHEREAS , the CITY has entered into a contract for shuttle bus service to be provided in the downtown area of the CITY ; and WHEREAS , the CRA recognizes the importance of an in-town shuttle system to serve Tri-Rail, the downtown and the beach, and has included in the CRA Plan the “Downtown Transit System” as a program that will receive funding from the CRA ; and NOW, THEREFORE , in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall, upon the execution of this Agreement, pay to the CITY the amount of $300,000.00 to be utilized as matching funds for the grant. The CRA shall pay this same amount no later than December 31, 2012 subject to the CRA approving the funds in its FY 2012-13 budget, and provided that the CITY continues to provide the shuttle bus service. The CRA ’s funds over the two years that this agreement is in effect sha ll at a minimum provide the following match for the FDOT grant funding: a. $200,000 for operating expenses b. $100,000 for capital expenditures 2 4. The term of this Agreement shall be retroactive from Octob er 1, 2011 to September 30, 2013. 5. The CITY shall require the contractor that provides shuttle bus services, pursuant to an agreement with the CITY , in which the CITY uses funds the CRA provides pursuant to this Agreement, to provide a certificate of insurance evidenci ng the insurance coverages required by the CITY in the agreement with the contractor. The certificate of insu rance shall specifically name the CRA as an additional insured under the insurance policies required pursuant to the contractor's agreement. A copy of the certificate of insurance shall be provided to the CRA. Nothing herein shall constitute a waiver of the CITY 's or CRA 's sovereign immunity, or consent to the imposition of any liability in excess of the statutory limitations as provided in Section 768.28, Florida Statutes. 6. The CITY shall submit quarterly shuttle ridership reports to the CRA on or before the thirtieth (30 th ) day of the following months: January, April, July, October. The reports shall include ridership data for all routes. 7. This Interlocal Agreement shall be filed pursuant to the r equirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regar d to any subject matter contained within this Agreement shall be binding on any pa rty unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, claus e, or any portion thereof of this Agreement shall have no force and effect upon the val idity of any other part of portion hereof. 3 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beac h County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Cle rk. ATTEST: CITY OF DELRAY BEACH, FLORIDA ________________________ By: _______________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to Form: ________________________ City Attorney ATTEST: COMMUNITY REDEVELOPMENT AGENCY __________________________ By:_____________________________________ Howard Lewis, Chair Print Name: ________________ (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day o f ____________, 2012, by ___________________________, as ____________________ (name of officer or agent, title of officer or agent), of _____________________________ (name of corporation acknowledging), a _____________ (state or place of incorporation) corpor ation, on behalf of the corporation. He/She is personally known to me or has produced _____________________________ (type of identification) as identification. ____________________________________ Notary Public – State of Florida MEMORANDUM TO:Mayor and City Commissioners FROM:Randal L. Krejcarek, PE, LEED AP, GISP, City E ngineer Richard C. Hasko, PE, Environmental Services Direct or THROUGH:David T. Harden, City Manager DATE:January 10, 2012 SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 JPA/FDOT/DOWNTOWN ROUNDABOUT SHUTTLE ITEM BEFORE COMMISSION Request approval/authorization for Mayor to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for 50% reimbursement of operational and capital costs associated with Delray's free shuttle service. Tota l project cost is estimated at $600,000. Project #1 2- 064. BACKGROUND The City was awarded a 50% matching grant from the FDOT. This grant will fund both operational and capital costs for the free Delray Beach shuttle for one year. Total cost of the JPA is $600,000, with $400,000 earmarked for operational expenses and $20 0,000 earmarked for capital expenses. Operational expenses will include items like drivers and vehicl e maintenance. The capital expenses will be to purchase trolley type vehicles. The Community Redevelopment Agency has committed $3 00,000 to fund the required match of this grant. RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:Bob Diaz, Construction Manager Richard C. Hasko, P.E., Environmental Services Dire ctor THROUGH:David T. Harden, City Manager DATE:January 10, 2012 SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 CHANGE ORDER NO. 1/RANDOLPH & DEWDNEY CONSTRUCTION, INC./POM PEY CONCESSION STAND P/N 10 -128 ITEM BEFORE COMMISSION This item is before the Commission to approve Chang e Order No. 1 for a contract time extension of twenty (20) days to Randolph & Dewdney Construction , Inc.; and approval for the amount of $19,426.50, for the reconstruction of the 2nd floor concession stand building, to be paid out of the Contract's Contingency Allowance; for the Pompey Co ncession Stand Project #10-128. BACKGROUND Change Order No. 1 is for a contract time extension of twenty (20) days required to perform additional scope for the reconstruction of the 2nd floor of th e concession stand building. The existing wood structure, damaged by water over an extended period of time, was deemed unsalvageable by the structural engineer. The additional work will cost $19,426.50 and will b e paid from the Contract's Contingency Allowance. Prior expenditures from this general allowance tota l $5,033.50, and were approved by the City Manager in accordance with city purchasing procedures. Att ached is a copy of the Construction Project Detaile d Allowances Spreadsheet. Also attached is Exhibit “A”; which details all cos ts associated with this work. FUNDING SOURCE Cost to be funded out of Contract's Contingency All owance. RECOMMENDATION Staff recommends approval of Change Order No. 1 for a contract time extension of twenty (20) days to Randolph & Dewdney Construction, Inc.; and approval for the amount of $19,426.50, for the reconstruction of the 2nd floor concession stand bu ilding, to be paid out of the Contract's Contingenc y Allowance; for the Pompey Concession Stand Project. MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:January 12, 2012 SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 EXTENDING FMLA BENEFITS TO DOMESTIC PARTNERS ITEM BEFORE COMMISSION A request has been received from the Palm Beach Cou nty Human Relations Council that the City amend its Family Medical Leave Act (FMLA) Administ rative Policy to extend FMLA benefits so that employees in a registered domestic partnership coul d care for their domestic partners in the same manner as married employees can take FMLA leave to care for their spouses. BACKGROUND In the summer of 2006, the Palm Beach County Human Relations Council requested that the City amend its policies to give employees in a regi stered domestic partnership the same employee benefits as those given spouses of married employe es. By majority consensus at a work session the Commission directed that the City's Administrative Policies be changed as requested, except that FMLA leave benefits were not made available for domestic partners, largely because at that time Palm Beach County had not made FMLA leave available for domest ic partners. Lat year Palm Beach County amended their policies t o extend the FMLA leave benefit to domestic partners, and the Palm Beach County Human Relations Council has requested that we do the same. The City Commission does not normally act on Admini strative Policies. This particular change is being put before you because the current policy was estab lished pursuant to Commission direction. The City currently has 10 employees who are in a re gistered domestic partnership. There will be some cost in making this change, although it is difficul t to quantify. When someone takes FMLA leave, it sometimes requires us to bring someone else in on o vertime to take their place. This is almost always true for the Police and Fire Departments because of their minimum manning levels. If the Commission approves the Consent Agenda with this item on it, our FMLA Administrative Policy will be amended to read as shown in the attachment. RECOMMENDATION Commission discretion. EB-16.4 QUALIFYING EVENT A. To qualify as FMLA leave under this plan, the emplo yee’s request for leave must meet one of the following criteria listed below: 1. Birth of a child or care for child; 2. The placement of child for adoption or foster care and to care for the newly placed child; 3. To care for a spouse, child, parent or domestic par tner (as registered with Palm Beach County) with a serious health condition; or 4. The serious health condition of the employee. 5. A spouse, child, parent, next of kin or domestic pa rtner (as registered with Palm Beach County) who has been called to or is on active duty in the armed forces. 6. A spouse, child, parent, next of kin or domestic pa rtner (as registered with Palm Beach County) in the armed forces who is recovering from a serio us illness or injury sustained in the line of duty on active duty. (Employee is entit led to 26 weeks of leave to care for a service member’s serious injury or illness). B. Any qualifying exigency arising out of the fact th at an employee who is the spouse, child, parent or domestic partner (as registered with Palm Beach County) of a covered service member on active duty or called to active duty status in support of a contingency operation, the employee is entitled to 12 weeks of leave in a single 12 month period. (New language is underlined.) MEMORANDUM TO:Mayor and City Commissioners FROM:David Harden, City Manager THROUGH:Lula Butler, Director, Community Improvemen t DATE:January 10, 2012 SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 REVISED WORKFORCE HOUSING CONVENANT/FLORANDA MHP, LLC AND NEW CENTURY EXECUTIVE QUATERS, LLC ITEM BEFORE COMMISSION City Commission consideration of a revised Workforc e Housing Covenant between the City of Delray Beach and Floranda MHP, LLC and New Century Executi ve Quarters, LLC, pursuant to the requirements under Section 4.7 of the Land Developm ent Regulations (LDR's). BACKGROUND The lending institution for the Franklin project ha s requested that the City make the following change s to the Workforce Housing Covenant: (1) Under Recitals, C, that rental rates do not ex ceed a certain percentage of the rent limits for th e area as published by the Florida Housing Finance Corpora tion. (2) Under II Rental Units, 2.3 - requires that all moderate-income households shall comply with the underwriting criteria established by the developer for all tenants. RECOMMENDATION Staff is recommending City Commission approval of t he revised Workforce Housing Covenant as proposed between the City and Floranda MHP, LLC and New Century Executive Quarters, LLC. 1 Prepared by and Return to: Brian Shutt, Esq., City Attorney City of Delray Beach, Florida 200 NW 1 st Avenue Delray Beach, FL 33444 WORKFORCE HOUSING COVENANT THIS WORKFORCE HOUSING COVENANT (the “Covenant”) is ente red into as of the ____ day of _______, 2012, by the CITY OF DELRAY BEACH , a Florida Municipal Corporation, (referred to herein as “City”), and FLORANDA MHP, LLC , a Florida Limited Liability Company, and NEW CENTURY EXECUTIVE QUARTERS, LLC , a Florida Limited Liability Company (referred to herein as “Developer”, which term shall include any successor to Developer as owner of the entire Development). RECITALS A. City has implemented affordable housing requirements as se t forth in Article 4.7 of the Delray Beach Land Development Regulations (“Regulations”) by establishing a Family/Work Force Housing Program (hereinafte r referred to as the “Affordable Housing Program” for the City of Delray Beach . Article 4.7 of the Regulations grants to Developer certain density bonus Units (additi onal market rate Units) beyond the base number allowed per existing City Zoning Ordinance after performance standards have been met. B. Developer was required to be part of the Affordable Housi ng Program with respect to that certain real property which is owned by the Developer and is located in the PC zoning District in Delray Beach, Florida, and more part icularly described in Exhibit “A” which is attached hereto and incorporated by reference herein (“Real Property”). Developer has agreed to provide affordable rental housing Units within the residential development project (“Development”) to be constructed on t he Real Property. C. Pursuant to the City’s Affordable Housing Program, LDR Secti on 4.4.12(G)(5), residential development in the Silver Terrace Courtyards Overlay in the PC zoning district must include a minimum of 20% workforce units consisting of moderate income households at rental rates which do not exceed a certain perc entage of the Florida Housing Finance Corporation rent limits for the area. D. Pursuant to Article 4.7 of the Regulations, the Developer has ag reed to enter into this Covenant to evidence of record the affordable housing covenant agains t the Real Property. 2 E. This Covenant shall apply and be enforceable against Develop er and all current and future Owners, as applicable, during the term of this Covenant and shall restrict the sale, resale, rental and use of the applicable housing as p rovided herein. NOW, THEREFORE, City and Developer hereby agree as follows: I. DEFINITIONS The following terms not otherwise defined herein shall have the mea nings set forth below for purposes of this Covenant, and if a term is defined i n the Regulations, the Regulations shall control: 1.1. Adjusted Median Income (A.M.I.) – The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 1.2. Affordability Controls – Restrictions placed on dwelling Units by which the rent of such Units and/or the income of the purchaser or lessee will be restricted in order to ensure that the Units remain affordable to moderate income households. 1.3. City – The City of Delray Beach, Florida. 1.4. CRA – The Delray Beach Community Redevelopment Agency 1.5. Development – The housing development at the Real Property for which approvals of density bonus Units have been granted by the City to the Develo per. 1.6. Eligible Occupant – A household who is income eligible to rent a Workforce Housing Unit. Priority will be given to persons who ha ve lived or worked within the City limits of Delray Beach, Florida, continually for one year immediately prior to the date of application for a Workforce Housing Unit in the Development and who are income eligible. 1.7. Exempt Transfer – A Transfer of all of the Development, as opposed to a Transfer of one or more individual Units that are separate f rom a Transfer of the entire Development. 1.8. First Time Home Buyer – A person who has not held ownership in a residence within the past three years. 1.9. HUD means the United States Department of Housing and Urban Development. 1.10. Household – A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. 3 1.11. Moderate Income Household – A household with a gross, combined income between 81% and 120% of the Palm Beach County Adjusted Median I ncome (as defined by the Florida Housing Finance Corporation) as published more specifically in the “Income Limits Florida Housing Finance Corporation CWHIP Hom eownerhip Program” table for West Palm Beach – Boca Raton HMFA (Palm Beach) area. 1.12. Purchase Price or Sales Price shall mean all consideration paid for the Transfer of a Unit either at or outside of closing, but shall not include any proration amounts, taxes, costs and expenses of obtaining financing, the fai r market value of furnishings or personal property, lender fees, title insurance fee s, closing costs, inspection fees, or other normal and customary costs related to the purchase of property but not paid directly to the seller. 1.13. Transfer means any sale, assignment or transfer, voluntary or involuntary, or by operation of law (whether by deed, contract of sale, gift , devise, bequest, trustee’s sale, deed in lieu of foreclosure, or otherwise) of any interest i n a Unit, including but not limited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life estate, a leasehold interest (except for an Affordable Housing Unit lease as permitted by this Covenant), or any interest evidenced by a land contract by which possession of such Unit is transferred while the existing Unit Owner retains title. 1.14. Unit means a single family, condominium, townhouse, or apartment residence located in the Development. 1.15. Unit Owner means the record title owner at any time of a Unit 1.16. Workforce Housing Unit or Workforce Unit – A dwelling unit for which the rent or mortgage payment (including principal, interest , taxes and Insurance (“P.I.T.I.”)) does not exceed 35% of the gross income of households that cla ssify as Moderate Income Households and meets the other requirements of the Af fordable Housing Program. II. RENTAL OF UNITS 2.1. The Development shall be subject to this Covenant, and each less ee shall be an Eligible Occupant, except as provided in Section 2.5 below. 2.2. In no event shall any Unit in the Development be used for transient , interval or timeshare rental or ownership. 2.3. At all times, at least twenty (20%) percent of all Units i n the Development must be Workforce Housing Units that are available to Moderate Income Households. However, the Developer shall be under no obligation to rent a Uni t to any particular Moderate Income Household and may use its standard underwriting crite ria to qualify all Moderate Income Households. 4 2.3.1. Workforce Housing Units targeted to Moderate Income Households at 81% to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates tha t exceed 140% rent limit for the area (as defined by the Florida Housing Finance Corpora tion) as published more specifically in “Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)” table for West Palm Beach – Boc a Raton HMFA (Palm Beach) area 2.3.2. No Workforce Housing Units shall be offered for rent to the general public until all requirements of this Covenant are met. 2.3.3. No efficiency or studio type Workforce Housing Units are allowed. 2.4. The Developer shall provide Workforce Housing Units that include Uni t types in the same proportion as the market rate housing unit typ es. The following conditions must be met: 2.4.1. The proportion of one (1) bedroom Workforce Units to total Workforce Units may not exceed the proportion of one (1) bedroom ma rket rate Units to total market rate Units. 2.4.2. The proportion of two (2) bedroom Workforce Units to Total Workforce Units may not exceed the proportion of two (2) bedroom m arket rate Units to total market rate Units. 2.4.3. The proportion of three (3) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of three (3) bedroom market rate Units to total market rate Units, unless four plus (4+) bedroom Wor kforce Units are provided. 2.4.4. The proportion of four plus (4+) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of four plus 4+ bedroom mar ket rate Units to total market rate Units. 2.4.5. If the Development contains a mix of different types of Units, (e.g. condominium, townhouse, detached, etc), the proportion of Workforce Units of each type to total Workforce Units must be approximately the same as t he proportion of market rate Units of each type to total market rate Units. 2.4.6. If the development includes both for sale and for rent Units, t he proportion of for rent Workforce Units to for sale Workforce Units must not exceed the proportion of for rent market rate Units to for sale market ra te Units; provided however if the Workforce Housing Units are funded under Florida Housing Finance C orporation’s Housing Credit or SAIL Programs, the proportionality requirement herein stated shall not apply if the Development provides at least twenty percent (20%) of the “for sale” Units as Workforce Housing Units. 5 2.4.7. The total number of Units in the Project, including both Workforce Units and market rate Units, are based on the certified site plan for the P roject. 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the event that, notwithstanding the marketing efforts, Workforce Housing Unit(s) offered for rental remain vacant for 45 days or more due to a lack of Eligible Occupants, the Workforce Unit(s) may be rented to other non eligible occupants, provided that the rental rate is the same as it would have been if the occupant had been deemed to be an Eligible Occ upant under the City’s workforce housing ordinance. In such event, the Unit will still be cons idered a Workforce Housing Unit for the purposes of this ordinance for the duration of the rental term provided, however, in no event shall there be less than 15 percent of the Units occupied or available for occupancy at any time by Eligible Workforce Housing Occupants. Notwithstanding the above, in the event that despite good fa ith marketing efforts occupancy of 15 percent of the units by Eligible Wor kforce Housing Occupants cannot be achieved, City and Developer shall, within 30 days of a request by Developer, negotiate in good faith to agree upon an alternativ e commercially reasonable percentage and this Covenant shall be amended accordingly. III. FUTURE SALE OF WORKFORCE HOUSING UNITS 3.1. Should Units be offered for sale in the future in accordance with Florida Condominium Law, only deeds of those units to be sold as Workforce Housing U nits shall include reference to this Covenant. All sales contracts s hall state that the Workforce Housing Unit is part of the Affordable Housing Program and subject to these Covenants. All deeds to Unit Owners of Workforce Housing Units (except for a deed for an Exempt Transfer) shall provide that the Delray Beach Community Land T rust, Inc., a Florida not for profit corporation (“DBCLT”) shall have the right of first refusal to purchase the Workforce Housing Unit on the same terms and conditions as a prospec tive buyer. Developer and/or the Workforce Housing Unit Owner shall notify t he DBCLT and the City in writing within five (5) days after the Developer’s or Workforce Housing Unit Owner’s acceptance of a contract for sale and purchase (exc ept for an Exempt Transfer) and shall include in the notice a true and correct copy of the c ontract. The DBCLT Trust shall have ten (10) business days after receipt of the written notice and contract to exercise its right to purchase the Unit on the same terms as stated in the contract, except as stated herein. The DBCLT shall deliver written notice of its exercise to purchase the Workforce Housing Unit to the Developer/ Workforce Housing Unit Owner within ten (10) days after the receipt by the DBCLT of the Developer’s/Unit Owne r’s written notice. The DBCLT shall close the transaction within thirty (30) business days after its election to exercise its right of first refusal. In the event the DB CLT is not then in existence or no longer qualifies to act as a Sub-Recipient for the City, the n the City, its successors and assigns may exercise the right of first refusal. 3.2. All purchasers of Workforce Housing Units (except a purchaser pursuant to an Exempt Transfer) shall be moderate income households and must be First Time Home Buyers. 6 3.3. Owners of Workforce Housing Units (other than the Developer) sha ll be required to occupy the Unit. If, during ownership, the Owner is una ble to continuously occupy the Unit due to illness or incapacity, based upon evidence a nd application made to the City, City may in its discretion, excuse compliance with this requireme nt. 3.4. Closing costs and title insurance shall be paid pursuant to the c ustom and practice in Palm Beach County at the time of closing. No char ges or fees shall be imposed by the seller on the purchaser of a Workforce Housing Unit which are in addition to or more than charges imposed upon purchasers of market rate Units, except for administrative fees charged by the City/CRA, or their designee. 3.4.1. The maximum Sales Price of a Workforce Housing Unit (except for an Exempt Transfer) shall be established by the City Community Improvement Department based on a formula that considers the prevailing Insti tutional Lender mortgage interest rates, as approved by the City Commission by resolution. 3.5. Except for an Exempt Transfer, no Workforce Housing Units shall b e offered for sale to the general public until all requirements of this Covenant are met. Each purchaser shall be an Eligible Occupant. 3.6. Except as expressly permitted by this Covenant, no Workforce Ho using Unit may be transferred. 3.7. At all times, at least twenty percent (20%) of all Units i n the Development must be Workforce Housing Units that are available to moderate income famil ies. 3.8. Not less than ten (10) calendar days prior to the closing on any W orkforce Housing sale or resale (except for an Exempt Transfer), the City shall be notified of the Workforce Housing sale or resale, and the City shall be prov ided with a true and correct copy of the proposed contract. Developer or Workforce Housing Unit Owner, respectively, shall deliver written notice of the intent to s ell to the City, and shall provide to the City all information which is necessary for the City to determine that the proposed sale complies with the terms, restrictions, and conditions con tained in this Covenant. The information shall be provided to the City on City approved forms which shall be executed under oath by the proposed transferor or transferee, as applic able. The City shall have ten (10) business days after the receipt of the written notice to de termine and notify the Developer and/or Workforce Housing Unit Owner whether the propos ed transfer is in compliance with the terms, conditions, and restrictions containe d in this Covenant. If not, the proposed transfer shall not be made. If the City does no t deliver written notice to Developer and/or Workforce Housing Unit Owner with said 10-day period that the proposed contract is not in compliance, such contract shall be deemed approved by the City. City shall have the right to waive the notice require ments at its sole discretion as circumstances may warrant to facilitate sale of Workforce Housing Units. Each contract for sale and purchase of a Workforce Housing Unit (except for a deed for an Exempt Transfer) shall contain a clause which subjects the propo sed transfer to the prior review of the City. 7 IV. ADDITIONAL RESTRICTIONS 4.1. All Workforce Housing Units constructed or rehabilitated in the Pro ject shall be situated within the Real Property so as not to be in less desirable locations than market-rate Units in the Development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate Units. 4.2. Workforce Housing Units shall be integrated with the rest of the Development and shall be compatible in exterior design, appear ance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate Units and provide them as standard features. All Workforce Hous ing Units shall contain comparable square footage to the corresponding market-rate Unit. 4.3. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate Units. 4.4. There shall be no lot premiums charged on the Workforce Housing Units 4.5. Resale and Subsequent Rentals of Workforce Housing Units. To maint ain the availability of Workforce Housing Units which are constructe d in the Development, the following resale and/or rental conditions are imposed on the Workforce H ousing Units and the same shall also be included in the deed: a. All Workforce Housing Units shall remain affordable for a period of no less and no more than forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. b. Except for an Exempt Transfer, all Workforce Housing Units must be rented or sold to eligible Households and Eligible Occupants except as otherwise provided in Secti on 2.5. c. If the Units in the Development are part of a condominium, cooperative, homeowners association or similar community, these Covenants shall be incorporated into the governing documents of such community and the governing documents shall be approved by the City Attorney. The governing documents may not be amended without the City’s consent. d. Workforce Housing Unit resales shall be limited to Households of the same category relative to income. 8 e. The Sales Price of Workforce Housing Units may not exceed the upper limit of affordability for the income category to which the Unit was originally assigned. f. Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this Covenant: i. Transfers by inheritance to the purchaser-owner's surviving spouse, qualified domestic partner, or lineal descendants, or; ii. Transfers of title to a spouse as part of a divorce decree, or to a qualified domestic partner as part of a court approved property settlement agreement; or iii. Acquisition of title or interest therein by an existing Owner’s spouse if it is in conjunction with marriage of the Owner and his spouse, or by an existing Owner’s qualified domestic partner; or iv. Exempt Transfers. 4.6. No resales of Workforce Housing Units are permitted until the requirements of this Covenant are met. 4.7. No Workforce Housing Unit may be sublet or assigned to a te nant(s) or purchaser(s) whose income exceeds the percent of AMI under wh ich the Unit was originally approved, except as otherwise provided in Section 2.5. 4.8. Household income is determined by the cumulative income of all tenants or purchasers under one (1) roof. 4.9. The maximum permitted resale price of Workforce Housing Unit may not exceed the initial Sales Price of the Workforce Housing Unit , subject to an increase at the same rate as the Palm Beach County median income has increas ed from the initial date of purchase. 4.10. Nothing contained in this Covenant shall require a Workforce House hold to vacate a rental Workforce Housing Unit or to sell a Workf orce Housing Unit if the tenant(s) or purchaser(s) income respectively, later exce eds AMI, provided such Household initially qualified as Eligible Occupants for such le ase or purchase. 4.11. The forms of the lease, contract for sale (except for an Exe mpt Transfer), and deed for the rental and sale of a Workforce Housing Unit, respe ctively, shall be 9 approved in advance for compliance with this Covenant by the Cit y Attorney, which approval shall not be unreasonably withheld. 4.12. To ensure the Developer’s compliance with the Affordability C ontrols and restrictions contained in this Covenant, not later than the t enth (10 th ) day of each calendar month for every month during the term of this Covenant, Developer s hall deliver a written report (“Report”) to the City containing such information and doc uments as the City may require to verify that the Developer is in compliance with this Cove nant. The Report shall be current as of the first day of the month in which the Report is delivered to the City. The form of the Report shall be approved by the City Attorney. At minimum, the Report shall contain the following information and documents with respec t to each Workforce Housing Unit: 4.12.1. With respect to Workforce Housing Unit leases: a. Name and address of each Unit Eligible Occupant and member of the Household. b. Date lease term commenced. c. Date lease term terminates. d. Amount of monthly rent due under the lease. e. Qualifying Household income. f. Unit address. g. Number of bedrooms and baths in each Unit. h. Household size. i. Whether Unit is occupied or vacant. j. Total number of Workforce Housing Units presently leased. 4.12.2. With respect to Workforce Housing Unit sales: a. Total number of Workforce Housing Units listed for sale. b. Total number of Workforce Housing Units transferred by the Developer. c. Date of each sale closing. d. Household size. 10 e. Name and address of all Eligible Occupants. f. Number of bedrooms and baths in Unit. g. A copy of the recorded instrument which transferred the Unit. h. Unit address. i. Qualifying Household income. 4.12.3. The Report shall be executed under Oath by the Developer or it s authorized agent or representative. 4.13. Provided no Units are offered for sale by the Developer and the Developer owns all of the Units in the Development, the Developer may redesignate a Unit as a rental Workforce Housing Unit or redesignate a Unit as a market rate renta l Unit provided, at all times, there is not less than twenty percent (20%) rental Workforce Housing Units in the Development. 4.14. At any time and from time to time, the City may conduct wri tten or oral surveys of Eligible Occupants and Unit Owners to verify the Developer’s c ompliance with the terms and conditions of this Covenant, and City may enter t he Development and access the Workforce Housing Units for the purpose of conducting per sonal interviews and obtaining other information reasonably necessary to verify Developer’s compliance with the City’s Affordable Housing Program requirements. 4.15. Developer shall comply with all applicable Federal, Stat e and local laws, rules, regulations and ordinances relating to the sale and rental of r eal property. 4.16. Developer shall promptly notify the City upon the occurrence of an Exe mpt Transfer. V. DURATION AND AMENDMENT 5.1. For both sale and rental of Workforce Housing Units, this Covenant shall remain in effect for forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. This Covenant shal l apply to any replacement structure or structures constructed if a structur e containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containing Workforce Housing Units oc curs thirty-five (35) years after recording of this Covenant and demolition or destruc tion was unintentional, this Covenant with respect to the Unit in the structure shall terminate on demolition or destruction. 11 5.2. Covenant Running With Land . The terms of this Covenant constitute covenants running with the Real Property and each designated Workfor ce Housing Unit. This Covenant shall bind, and the benefit hereof shall inure to, Developer, the Workforce Housing Unit Owners, DBCLT, and the City, and any heirs, legal r epresentatives, executors, successors and assignees thereof. The Workforce H ousing Units shall be held, conveyed (including pursuant to an Exempt Transfer), hypothecated, enc umbered, leased, rented and occupied subject to the covenants, restrictions and li mitation set forth herein, which are intended to constitute both equitable servitudes and co venants running with the Real Property. Any lessee, buyer, or transferee of a Work force Housing Unit or any portion thereof, by acceptance of a lease or a deed therefor, or by the signing a lease or of a contract to purchase the same, shall, by acceptance of s uch lease or deed or by the signing of such contract or agreement, be deemed to have consent ed to and accepted the covenants, conditions, restrictions and limitations set forth herei n, whether or not there is any express reference to this Covenant in such lease, deed or contra ct. 5.3. Amendment . This Covenant may be amended at any time by a recorded document executed and acknowledged by the Unit Owners (including De veloper, should Developer hold a Unit for sale) and the City. An amendment ma y be effective as to some but not all of the Units, in which event it need only be approved b y the Unit Owner(s) of the Unit(s) so affected. VI. ENFORCEMENT 6.1. Right to Enforce . The City reserves, and Developer, all proposed lessees, buyers and the Workforce Housing Unit Owners are deemed to have granted the City the right to review and enforce compliance with all provisions of t his Covenant, as further set forth in this Article VI. (a) In the event that the City has reasonable cause to believe tha t the Developer, lessee, occupant, Household or a Workforce Housing Uni t Owner is in default of any of the provisions of this Covenant, then the City Manager, or his or her designee, may inspect the Unit owned by the Developer or such Workforce Ho using Unit Owner at any reasonable time and from time to time, after providing the Developer, lessee or such Workforce Housing Unit Owner not less than twenty-four (24) hours advance written notice, except in the case of an emergency when less advance notice may be given. (b) Except in the case of a default which constitutes an incurab le default or involves the health, safety and welfare of Households in the Development, or in the case of an emergency (in which event no notice and opportuni ty to cure are required), in the event of any other default of this Covenant, the City shall give the Developer, lessee, Workforce Housing Unit Owner or Household Occupant who is in default, fifteen (15) days written notice of such default, which notice shall state the nature of the default. If the default is not cured to the satisfaction of the City wi thin fifteen (15) days from the giving of such notice, or immediately when no notice and opportuni ty to cure is required, the City may pursue any or all remedies available to it, as set forth in Section 6.1(c) below. 12 (c) The City hereby reserves the right to enforce this Covenant b y pursuing any and all remedies provided by law or in equity. The City’s remedies shall include, by way of example and not limitation, the right to sp ecific performance of this Covenant, the right to a mandatory injunction requiring the sale or lease of a Workforce Housing Unit in conformance with this Covenant, the right to cancel and declare void the sale, deed, contract or lease, the right to remove occupants, and da mages and injunctive relief for breach of this Covenant. All of the remedies ava ilable to the City shall be cumulative, and the City’s election to pursue any remedy shall no t preclude the City for then or later pursuing any one or more other remedies. (d) In the event City resorts to litigation with respect to any default under this Covenant, the prevailing party shall be entitled to recover i ts damages and costs, including expert witness fees from the party at fault. Deve loper shall not be liable for default that was due to misrepresentation or other wrongful ac t of an occupant. The party in default hereunder shall be responsible for the costs require d to enforce the provisions of this Covenant. Venue for any action for breach of, or to enfor ce, this Covenant shall be properly in Palm Beach County, Florida. (e) In the event any Workforce Housing Unit is transferred or lease d in a manner that is not in full compliance with the provisions of this Covenant, such transfer or lease shall be wholly null and void and shall confer no title or rights whatsoever upon the purported transferee or lessee. 6.2. Priority of Covenant . This Covenant shall be of equal dignity to, and shall not be subordinated to, any lien or encumbrance, including withou t limitation, any Institutional Lender, and shall survive and not be extinguished by the foreclosure or deed- in-lieu of foreclosure regarding any such liens or encumbranc es. This includes, but is not limited to, judgment liens, assessment liens, tax liens, c onstruction liens and mortgage liens. VI. MISCELLANEOUS 7.1. No Third Party Beneficiaries . There are no intended third party beneficiaries of this Covenant, and no party other than the C ity shall have standing to bring an action for, breach of, or to enforce, the provisions of this Covenant, excep t for the Delray Beach Community Land Trust which shall be a third par ty beneficiary of this Covenant with respect to its right of first refusal. 7.2. Notices . Notices to any person or entity shall be given in writing and delivered in person or mailed, by certified or registered pre paid U. S. Mail, return receipt requested, to the person’s or entity’s representative set forth belo w (as may be changed by notice from time to time) at the address set forth below: 13 Notices to the City shall be sent to: City of Delray Beach 100 N. W. 1 st Avenue Delray Beach, Florida 33444 Attention: City Manager With a copy to: City Attorney City of Delray Beach 200 N. W. 1 st Avenue Delray Beach, Florida 33444 Notices to the Developer shall be sent to: New Century Companies, LLC 1030 S. Federal Highway, Suite 100 Delray Beach, Florida 33483 Notices to the Delray Beach Community Land Trust, Inc. shall be sent t o: Delray Beach Community Land Trust, Inc. 20 North Swinton Avenue Delray Beach, Florida 33444 Notices to a Workforce Housing Unit lessee or Workforce Housing Unit Owner may be given in like manner addressed to the applicable Unit. Such notice shall be deemed given when hand delivered or when deposited, postage prepaid, in the United States mail. 7.3. Severability . If any provision of this Covenant shall be held by a court of proper jurisdiction to be invalid or unenforceable; the remaini ng provisions shall survive and their validity, legality and enforceability shall not in any way be affected or impaired thereby; and the court may, but shall not be required to fashion a substitute for the provision held to be invalid or unenforceable. 7.4. Headings . The headings of the Sections in this Covenant are for convenience only and shall not be used to interpret the meaning of any prov ision hereof. 7.5. Homestead Waiver . This Covenant is prior and superior to each Workforce Housing Unit Owner’s right to a homestead exemption. Each Workforce Housing Unit Owner waives the Workforce Housing Unit Owner’s homestead rights to the fullest extent that they conflict or impair the City’s rights and remedies under this Covenant. 14 7.6. No Guarantee . Nothing herein shall be construed or give rise to any implied representation, warranty or guarantee, and the City expressly disclaims, that any Workforce Housing Unit Owner will be able to resell his or her Workforce Housing Unit for the maximum purchase price or recover the purchase pric e for such Workforce Housing Unit or release for the maximum rent for such Workforce Housing Unit. Such Workforce Housing Unit Owner recognizes and accepts that hi s or her Unit may be less marketable than other Units in the Project and may not sell for as great a purchase price. 7.7. Governmental Functions: Notwithstanding anything to the contrary contained in this Declaration: a. Even though the City has certain contractual obligations under t his Covenant such obligations shall not relieve any person subject to this Covenant from complying with all applicable governmental regulations, rules, laws, and ordinances; b. To the extent approval or permission must be obtained from th e City, such approval or permission shall be granted or denied in ac cordance with applicable governmental regulations, rules, laws, and ordina nces, and no person shall have any vested rights; c. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall n ot constitute a limit on, impairment or waiver of, or otherwise a ffect City’s right to exercise its discretion in connection with its governmental or quasi- governmental functions. 7.8. This Agreement shall be governed by and construed in accordance with t he laws of the State of Florida. 7.9. DEVELOPER AND CITY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR A RISING OUT OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND AN Y AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THERE WITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. 7.10 This Agreement constitutes the entire agreement betwe en City and Developer. 7.11 In the event of a default of either party to this Covenant , the non-defaulting party may bring an action at law or in equity to enforce his rights under this Covenant. The proper place of venue shall be Palm Beach County, Florida. 15 7.12 Conflict . To the extent of any conflict between the terms of this Covena nt and Section 4.7 of the City’s Code of Ordinances in effect as of t he date of the execution of this Covenant by the City, the Code of Ordinances shall control. Signed, sealed and delivered FLORANDA MHP, LLC in the presence of: _____________________________ By:____________________________________ _____________________________ DAVID BIGGS, MANAGING MEMBER (Name printed or typed) _____________________________ _____________________________ (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ___________, 2012 by David Biggs as Managing Member of FLORANDA MHP, LLC, w ho is personally known to me or who has produced _____________________ as identification. ________________________________ Signature of Notary Public – State of Florida Signed, sealed and delivered NEW CENTURY EXECTIVE in the presence of: QUARTERS, LLC _____________________________ By:________________________________ _____________________________ DAVID BIGGS, MANAGING MEMBER (Name printed or typed) _____________________________ _____________________________ (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ___________, 2012 by David Biggs as Managing Member of NEW CENTURY EXECUT IVE QUARTERS, LLC, who is personally known to me or who has produced _____________________ as identification. ____________________________________ Signature of Notary Public – State of Florida 16 CITY OF DELRAY BEACH, a Florida Municipal Corporation ATTEST: CITY OF DELRAY BEACH, FLORIDA ________________________ By: __________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to legal form and sufficiency: ________________________ City Attorney Witness ________________________________ Print name of Witness ________________________________ Witness ________________________________ Print name of Witness ________________________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _____________ 2012, by Nelson S. McDuffie, Mayor, City of Delray Beach, Florida who: (please check one) ______ is (are) personally known to me OR ______ has (have) produced ______________________________________ as identification. ______________________________ My Commission Expires: Notary Public 17 EXHIBIT “A” Legal Description of Real Property: EXHIBIT “A” PARCEL ONE PARCEL I: THAT PART OF THE NORTH 15 FEET OF THE SOUTH ONE-HAL F (S-1/2) OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE S OUTHWEST 1/4 OF SECTION 21, TOWNSHIP 46 SOUTH , RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF STATE ROAD NO.5 (U.S. HIGHWA Y#1) AS NOW LAID OUT AND IN USE, AND PARCEL II THE EAST 80 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY , FLORIDA: TOGE THER WITH THAT PORTION OF TRACT 1 OF SAID LAMBERT TRAILER COU RT DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CO RNER OF SAID TRACT 1; THENCE EASTERLY ALONG THE SOUTH LINE OF TRACT 1 AT A DISTANCE OF 92.39 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID SOUTH LINE, MAKING AN INCLUDED ANGLE OF 180°09'45" A DISTANCE OF 206.40 FEET TO A POINT IN THE PROPOSED WEST RIGHT-OF- WAY LINE OF THE SOUTH BOUND LANE OF STATE ROAD NO.5 , U.S. NO.1, ACCORDING TO THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP, SECTION 9301-206 DATED JUNE 1958; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT WHOSE RADIUS IS 2836.93 FEET, CENTRAL ANGLE OF 2°46'36", AN ARC DIS TANCE OF 137.48 FEET TO THE NORTH LINE OF SAID TRACT 1; THENCE WEST ERLY ALONG THE NORTH LINE OF TRACT 1, A DISTANCE OF 238.26 FEE T TO AN ANGLE POINT; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE, MAKING AN INCLUDED, MAKING AN INCLUDED ANGLE OF 179 °50'15", A DISTANCE OF 92.37 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT 1: THENCE SOUTHERLY ALONG THE WESTERLY LINE O F TRACT 1, MAKING AN INCLUDED ANGLE OF 90°34'30", A DISTANCE O F 133.50 FEET TO THE POINT OF BEGINNING. RESERVING THE SOUTHERLY 18 FEET THEREOF FOR USE OF ADJOINING PROPERTY OWNERS. AND A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PART OF LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH CO UNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT IN THE NORTH LINE OF LOT 2 OF SAID LAMBERT TRAILER COURT, AT A DISTANCE OF 1387.27 FEET WEST O F THE NORTHEAST CORNER OF SAID LOT 2; THENCE WESTERLY ALO NG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 172.35 FEET TO A POINT 126.77 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2; TH ENCE SOUTHERLY PARALLEL TO THE WEST LINE OF LOTS 2 AND 3 OF SAID PLAT, A DISTANCE OF 197.63 FEET TO A POINT IN THE SOUTH L INE OF SAID LOT 3, A DISTANCE OF 126.77 FEET EAST OF THE SOUTHWEST COR NER OF SAID LOT 3; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 113.06 FEET TO A POINT 75.09 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG THE AR C OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 28 36.93 FEET, A DISTANCE OF 206.85 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS. PARCEL 2: ALL OF LOTS 4 AND 5 AND THE WEST 126.77 FEET OF LOT S 2 AND 3, OF SAID LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREO F AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS O F PALM BEACH COUNTY, FLORIDA. PARCEL TWO: THE WEST 130.47 FEET OF TRACT 6, LAMBERT TRAILER CO URT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT B OOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THE EAST 40 FEET OF THE WEST 170.47 FEET OF TRACT 6 , LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS REC ORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND ALSO: THE WEST 40 FEET OF THE EAST 400 FEET OF TRACT 6, L AMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, F LORIDA. PARCEL THREE: THE WEST 40 FEET OF THE EAST 120 FEET OF TRACT 6, L AMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, F LORIDA. PARCEL FOUR: THE WEST 40 FEET OF THE EAST 360 FEET OF TRACT 6, L AMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, F LORIDA. PARCEL FIVE: ALL OF "PROFESSIONAL OFFICE PLAZA FOR ACQUILANO", A CCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44 AT PA GE 147 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS ALL LYING IN THE CITY OF DELRAY BEACH, P ALM BEACH COUNTY, FLORIDA AND CONTAIN 8.191 ACRES, MORE OR LE SS. MEMORANDUM TO:Mayor and City Commissioners FROM:Lula Butler, Director, Community Improvement THROUGH:David Harden, City Manager DATE:January 11, 2012 SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 RESOLUTION NO. 05 -12/AFFORDABLE HOUSING ADVISORY COMMITTEE ITEM BEFORE COMMISSION Request approval to revise Resolution 12-08 with ne w Resolution No. 05-12. BACKGROUND On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12-08 establishing the Affordable Housing Advisory Committee for the purpo se of recommending incentives for affordable housing to the City Commission. This revision to Resolution 12-08 will allow the fo llowing in accordance to Florida Statute 420.9076: 1. Ability to appoint fewer than the 11 members re quired under certain conditions. 2. Ability to appoint a citizen engaged in the act ivity without regard to affordable housing. 3. Election to not perform the triennial review if the City receives less than the minimal SHIP allocation. The minimum allocation is established at $350,000. RECOMMENDATION Staff recommends approval of Resolution No. 05-12. 420.9076 Adoption of affordable housing incentive strategies; committees.-- (1) Each county or eligible municipality participating in the State Hous ing Initiatives Partnership Program, including a municipality receiving program funds through t he county, or an eligible municipality must, within 12 months after the original ado ption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of t he affordable housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee to prepare a joint plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the resolution appointing the advisory committee members must provide for 11 committee members and their terms . The committee must include: (a) One citizen who is actively engaged in the residential home building industr y in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking indus try in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income pe rsons in connection with affordable housing. (e) One citizen who is actively engaged as a for-profit provider of afford able housing. (f) One citizen who is actively engaged as a not-for-profit provider of aff ordable housing. (g) One citizen who is actively engaged as a real estate professi onal in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174. (i) One citizen who resides within the jurisdiction of the local governing bod y making the appointments. (j) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined i n the local housing assistance plan. If a county or eligible municipality whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable fa ctor, is unable to appoint a citizen actively engaged in these activities in connection with afforda ble housing, a citizen engaged in the activity without regard to affordable housing may b e appointed. Local governments that receive the minimum allocation under the Stat e Housing Initiatives Partnership Program may elect to appoint an affordabl e housing advisory committee with fewer than 11 representatives if they are unable to find representatives 1 who meet the criteria of paragraphs (a)-(k). (3) All meetings of the advisory committee are public meetings, and al l committee records are public records. Staff, administrative, and facility su pport to the advisory committee shall be provided by the appointing county or eligible municip ality. (4) Triennially, the advisory committee shall review the established pol icies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend speci fic actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may i nclude the modification or repeal of existing policies, procedures, ordinances, regul ations, or plan provisions; the creation of exceptions applicable to affordable housing; or t he adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and correspondin g regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housi ng incentives in the following areas: (a) The processing of approvals of development orders or permits, as defi ned in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater deg ree than other projects. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-i ncome persons, low-income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in resident ial zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line conf igurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers , before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suita ble for affordable housing. (k) The support of development near transportation hubs and major employment ce nters and mixed-use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that rec eive the minimum allocation under the State Housing Initiatives Partnership Progr am shall perform the initial review but may elect to not perform the triennial re view. (5) The approval by the advisory committee of its local housing incentive strat egies recommendations and its review of local government implementation of previousl y recommended strategies must be made by affirmative vote of a majorit y of the membership of the advisory committee taken at a public hearing. Notic e of the time, date, and place of the public hearing of the advisory committee to adopt fina l local housing incentive strategies recommendations must be published in a newspape r of general paid circulation in the county. The notice must contain a short and concise summary of the local housing incentives strategies recommendations to be considered by the a dvisory committee. The notice must state the public place where a copy of th e tentative advisory committee recommendations can be obtained by interested persons. (6) Within 90 days after the date of receipt of the local housing incentive strate gies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance pla n to incorporate the local housing incentive strategies it will implement wi thin its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory comm ittee. (7) The governing board of the county or the eligible municipality shall notif y the corporation by certified mail of its adoption of an amendment of its local housi ng assistance plan to incorporate local housing incentive strategies. The noti ce must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local ho using assistance plan to incorporate local housing incentive strategies, a notic e of termination of its share of the local housing distribution shall be sent by certified mai l by the corporation to the affected county or eligible municipality. The notice of term ination must specify a date of termination of the funding if the affected county or elig ible municipality has not adopted an amended local housing assistance plan to incorpor ate local housing incentive strategies. If the county or the eligible municipali ty has not adopted an amended local housing assistance plan to incorporate local housing incent ive strategies by the termination date specified in the notice of terminati on, the local distribution share terminates; and any uncommitted local distribution funds held b y the affected county or eligible municipality in its local housing assistance t rust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corpora tion to administer the local government housing program pursuant to s. 420.9078. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipali ty receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate loca l housing incentive strategies, the corporation, after receipt of a notice of termi nation, shall thereafter distribute directly to the participating eligible muni cipality its share calculated in the manner provided in s. 420.9072. (c) Any county or eligible municipality whose local distribution share ha s been terminated may subsequently elect to receive directly its local distri bution share by adopting an amended local housing assistance plan to incorporate local housing i ncentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the loc al government, including: (a) The provision of mentoring services to affordable housing partners includi ng developers, banking institutions, employers, and others to identify availabl e incentives, assist with applications for funding requests, and develop partnerships b etween various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing pr ograms to ensure an integrated approach to the work of the advisory committee. History.--s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198. 1 Note.--The word "who" was substituted for the word "that" by the editors. RESOLUTION NO. 5-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 12-0 8 TO PROVIDE FOR CHANGES TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to Amend Resolution No. 12-08 in order to allow the Affordable Housing Advisory C ommittee the ability to have fewer members; appoint a citizen to the board not affiliated with affordable housing ; and a change to the minimum meetings required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That Section 3 of Resolution 12-08 is hereby amen ded by adding the following language: If the City whether due to its small size, the pres ence of a conflict of interest by prospective appoi ntees, or other reasonable factor, is unable to appoint a cit izen actively engaged in these activities in connec tion with affordable housing, a citizen engaged in the activi ty without regard to affordable housing may be appo inted. Local governments that receive the minimum allocati on under the State Housing Initiatives Partnership Program may elect to appoint an affordable housing advisory committee with fewer than 11 representativ es if they are unable to find representatives 1 who meet the criteria of paragraphs (a)-(k). Section 2 . Resolution 12-08 is further amended to include the follow ing language: That the Affordable Housing Advisory Committee shal l meet at minimum triennially to review the establi shed policies and procedures, ordinances, land developme nt regulations, and adopted local government comprehensive plan of the appointing local governme nt and shall recommend specific actions or initiati ves to encourage or facilitate affordable housing while pr otecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinance s, regulations, or plan provisions; the creation of ex ceptions applicable to affordable housing; or the a doption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to am end the local government comprehensive plan and correspondi ng regulations, ordinances, and other policies. At a minimum, each the advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing. The Affordable Housing Advisory Committee recommend ations may also include other affordable housing incentives identified by the advisory committee. Lo cal governments that receive the minimum allocation under the State Housing Initiatives Partnership Program s hall perform the initial review but may elect to no t perform the triennial review. 2 Res No. 05-12 PASSED AND ADOPTED in regular session on this the _____ day of ______________, 201 2. _____________________________________ M A Y O R Attest: __________________________________ City Clerk MEMORANDUM TO:Mayor and City Commissioners FROM:DAVID A. BOYD, DIRECTOR OF FINANCE REBECCA S. O'CONNOR, TREASURER THROUGH:DAVID T. HARDEN, CITY MANAGER DATE:January 12, 2012 SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 INVESTMENT ADVISORY SERVICES AGREEMENT/PFM ASSET, LLC ITEM BEFORE COMMISSION Authorize an agreement with Public Financial Manage ment (PFM) to provide government investment advisory services. The investment advisory services agreement will incorporate the City of Lake Worth’s RFP (10-11-102) as well as PFM’s bid respon se. BACKGROUND Finance staff reviewed the City of Lake Worth’s investment advisory services agreement as well as investment performance data from PFM and is recomme nding cooperative sharing relative to this service. PFM has an excellent reputation, good acce ss to the capital markets and technical expertise relative to the investment of government funds. Pricing for services is on a tiered basis. For asse ts ranging from $0 - $50 million, the charge is 0.08%; $50 million - $100 million, the charge is 0.07% and over $100 mill ion, the charge is 0.06%. The cost will be approximately $55,000 but will be offset by increased interest earnings. Assuming current market rates, we anticipate increasing our interest revenues by a minimum of $100,000 net of the cost of advisory services. The City’s contract may be terminated with cause upon notifi cation and without cause within 30 days of written notice. FUNDING SOURCE The cost of the investment advisory services will b e netted against interest earnings. RECOMMENDATION Recommend an investment advisory services agreement with Public Financial Management. MEMORANDUM TO:Mayor and City Commissioners FROM:Douglas E. Smith, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:January 12, 2012 SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 AGREEMENT/LANGTON ASSOCIATES, INC./LEAP & TRAINING ITEM BEFORE COMMISSION The item before Commission is consideration of an a greement with Langton Associates to provide services for the Local Energy Assurance Plan Grant that the City received from the U.S. Department of Energy. BACKGROUND The City was previously awarded a Local Energy Assu rance Plan (LEAP) grant from the U.S. Department of Energy in the amount of $130,000 thro ugh the American Recovery and Reinvestment Act of 2009. The main focus of the LEAP initiative is to build regional energy assurance capabilities that will allow the City to better communicate and coordinate responses on a regional and state level as it relates to energy security, reliability, assuran ce planning, and emergency issues regarding energy disruptions. The objectives of the initiative are t o develop, strengthen, and/or expand local governme nt energy assurance planning and resiliency, reduce th e impacts from energy supply disruptions, and creat e and save jobs in energy assurance planning at the c ity level. The City issued RFQ# 2011-16 for consulting services to assist with plan prep aration and training related to the LEAP grant. At the December 13, 201 1 Regular Meeting, the Commission provided authorization for staff to negotiate a contract wit h Langton Associates, Inc. The contract with Langto n Associates in the amount of $40,000 is being funded by the grant. The following documents are attached: City Standard Agreement (modified for th is contract), an excerpt from Langton Associates' RFQ response, and supplemental information. Additi onal information from the RFQ and Langton Associates response will also be included in the fi nal contract documents that will include any final contract revisions and will be reviewed by the City Attorney's Office. FUNDING SOURCE 101-6354-519-31.90 after budget transfer. RECOMMENDATION Staff recommends approval of the agreement with Lan gton Associates, subject to approval of the final agreement documents by the City Attorney's Office. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONSULTANT THIS AGREEMENT made this _____ day of January, 2012, by and between the CITY OF DELRAY BEACH (hereinafter called CITY ) and Langton Associates, Inc. (hereinafter called CONSULTANT ). WITNESSETH: The CITY and the CONSULTANT in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONSULTANT hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONSULTANT , as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristi cs of the job requirements. The CONSULTANT further acknowledges that the RFQ includes all costs and e xpenses required for the satisfactory completion of the contract s requirements. 3. The contract between the CITY and the CONSULTANT include the following documents which are attached hereto and incorporated her ein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Standard Form of Agreement Request for Qualifications Consultant Letter of Interest General Conditions, Instructions and Information Indemnity/Hold Harmless Agreement Cone of Silence Corporate Acknowledgment Certificate (If Corporation) Insurance Requirements Specifications RFQ Proposed schedule Consultant Inserts Drug Free Workplace Certification RFQ Signature Form Supplemental Proposal Information Addendum numbers 1 and any modifications, including Cha nge Orders, duly delivered after execution of this Agreement. 3. The term of this contract shall commence on the date of execution indicated at the top of the first page of this agreement and en d on September 30, 2012. 4. In exchange for CONSULTANT performing these services as established herein and devoting agency time, CITY agrees to pay CONSULTANT the sum of Forty Thousand Dollars ($40,000.00) with Twenty Thousand ($2 0,000.00) due upon submission of the Energy Assurance Plan document to the City and Twenty Thousand ($20,000.00) due at project completion. 5. This agreement shall be governed by the laws of t he State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if p ersonally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: David T. Harden, City Manager City of Delray Beach, FL 33444 100 NW 1st Avenue Delray Beach, FL 33444 As to CONSULTANT: Michael Langton, President 4380 Atlantic, Blvd. Jacksonville, Florida 32207 7. This agreement can be terminated by either party without cause upon giving a thirty (30) day notice to the address shown above. I n the event of a contract termination, CITY ’s responsibility to pay CONSULTANT ’s fees and expenses will be limited to the period up to the termination date. All work products p repared by Langton on behalf of the CITY will be determined to be CITY ’s property. 8. The CONSULTANT shall not, without prior written consent of the CITY, assign any portion of its interest under this contract an d, specifically, the CONSULTANT shall not assign any moneys due or to become due without the prior written consent of the CITY . Services outlined in the attached documentation regard ing CONSULTANT’s proposal that involve work to be performed by Florida Power & Ligh t or Emergency Responders Industries, Inc. are hereby given consent by CITY to receive payment from CONSULTANT for services rendered under this agreement. 9. The CITY and the CONSULTANT each binds himself, his partners, successors, assigns and legal representatives to the other par ty hereto in respect to all covenants, agreements and obligations contained in the contract documents. 10. In consideration of ten dollars ($10.00) and othe r valuable consideration, the CONSULTANT shall defend, indemnify and save harmless the CITY , its officers, agents and employees, from or on account of any liabilities, d amages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY ), recklessness or intentional wrongful misconduct of the CONSULTANT and any persons employed or utilized by the CONSULTANT in the performance of this Project. CONSULTANT agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account o f the use of any improper materials. CONSULTANT agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violati on of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONSULTANT , his sub-Consultants, agents, servants or employees. CONSULTANT further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all su its and actions of every name and description that may be broug ht against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, o r corporation. The indemnification provided above shall obligate the CONSULTANT to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name an d description that may be brought against the CITY which may result from the operations and activities un der this Contract whether the construction operations be performed by th e CONSULTANT , his sub- Consultant or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys’ fees and cost s at trial and appellate levels. The CITY will pay to the CONSULTANT the specific consideration of ten dollars and other good and valuable consideration as specific co nsideration for the indemnification provided herein. Furthermore, the CONSULTANT acknowledges that the RFQ includes said consideration for the indemnification provision. The parties intend that Langton, in performing the services hereinafter specified , shall act as an independent contractor and shall have control of the work and the ma nner in which it is performed. 11. This Agreement shall be considered null and void u nless signed by both the CONSULTANT and the CITY . 12. The contract documents constitute the entire agreeme nt between the CITY and the CONSULTANT and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF , the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA _________________________________ By: _____________________________ City Clerk Nelson (Woodie) McDuffie, Mayor Approved as to form: _________________________________ City Attorney WITNESS: CONSULTANT: __________________________________ BY: _____________________________ _________________________________________ _______________________________________ (Print or type name and title) (Print or type name and title) (SEAL) Supplemental Proposal Information The following supplemental proposal information is considered to be an addendum to the CONSULTANT ’s Request for Qualifications response and is to be considered part of CONSULTANT ’s scope of work: 1. Grant Reporting - CONSULTANT with prepare all required federal grant reports re quired for the Local Energy Assurance Planning grant and r eturn the reports to CITY for submission by federal grant reporting deadlines dependent upon CITY providing information to CONSULTANT and reviewing grant reports to facilitate timely pr eparation for submission. 2. Training – CONSULTANT will provide two training exercises as outlined in the RFQ: a tabletop exercise to familiarize staff the Energy A ssurance Plan document and a regional exercise that includes local neighboring government s, industry, local, State and Federal partners, as appropriate. The regional exercise wi ll be a FEMA style, role-playing training exercise, more extensive than a tabletop exercise, involving a simulated disaster (i.e., hurricane) to provide as must realism as possible to an actual emergency event. 3. Additional Project Team Member – Robert “Chip” M. Patterson, Jr. is added to CONSULTANT ’s Project Team as a sub-contractor of Emergency Re sponders Industries, Inc. for the training exercise portion of the project (resum e attached). 4. Energy Audit – In creation of the Energy Assurance Plan, CONSULTANT will acquire free or paid (at CONSULTANT ’s expense) consulting services from Florida Power and Light (FPL) as needed. CONSULTANT will also include Florida Public Utilities as an en ergy services provider in the process of creating the Energy Assurance Plan. Resume Robert M. Patterson, Jr. “Chip” Education Bachelor of Science in Sociology, University of the State of New York 1989 Masters in Business Administration, Jacksonville University 2002 Associations Adjunct Instructor, University of North Carolina/College of Public Health US Navy Postgraduate School, Center for Homeland Defense and Security MET Adjunct Instructor (2012) Flagler College International Association of Emergency Management Recent Training Programs Delivered University of North Carolina – EM Graduate Certificate Program Hurricane Evacuation Decision making Course US Navy Postgraduate School – Center for Homeland Defense and Security; Mobile Executive Training State of Colorado City of Dallas, TX City of Port Huron, MI National League of Cities State of Louisiana State of Connecticut State of Alabama City of Charleston, SC City of Memphis, TN City of Atlanta, GA Commonwealth of Puerto Rico State of Georgia City of Columbia, SC State of Florida City of Norfolk/Va Beach, VA Joint Field Office (JFO) ICS Curriculum Development and Pilot Delivery – FEMA EMI FEMA MACS – IS 701 FEMA ICS – 300/400 Jefferson County EM Hamilton County Sheriff’s Office Suwannee County Sheriff’s Office Union County Sheriff’s Office FEMA EOC MGT & OPS– G-775 State of South Carolina NE SC Counties Hyde County, NC US Air Force (IAFC/IAEM) FEMA Special Events IAEM University of North Florida COOP Workshops PA-Debris Monitoring Hyde County, NC Warrick County, Indiana Summary Robert “Chip” Patterson has over 20 years of experi ence leading emergency management and business continuity progra ms. Prior to leading Coxwell’s Disaster Recovery Services Divisi on, Chip served in mayoral appointed positions for 10 years as the Cit y of Jacksonville, Florida’s Director for Emergency Management and Spe cial Assistant to the Mayor for Security. Chip worked in the Florida Divi sion of Emergency Management as the Response Services Administrator. Prior to work in Florida, Chip was the Chief of Operations for North Carolina Division of Emergency Management. His career includes service as a Radiological Emergency Preparedness Planner in North Carolina an d 6 years in the United States Navy nuclear propulsion program. Relevant Experience Patterson and Associates LLC, Jacksonville, Florida October 2009 to present Supervisor – Self employed Managing Member – Emergency management and homeland security consulting in the areas of strategic planning and p rogrammatic accreditation, disaster plans development, training and exercise development. US Navy Postgraduate School Center fo r Homeland Defense and Security Mobile Executive Training Subject Matt er Expert; Catastrophic Planning (Florida, Houston and Dallas, Texas, Greater NY area) J.B. Coxwell Contracting, Inc. Coxwell Disaster Recovery Services, Jacksonville, F lorida July 2006 to present Supervisor – John B. Coxwell. Chairman Director – Emergency management and homeland security busin ess development and service delivery for a 300 person c ivil construction firm providing services in disaster response and recover y. Grew company’s contracts by 900% in five (5) years at the high end of the price market. Developed disaster personnel to meet industry natio nal standards. Emergency Preparedness Division Chief, Duval County Emergency Preparedness, Jacksonville, Florida December 1995 to July 2006 Supervisor – Ray Alfred, Fire Chief (Retired) Director – Led a comprehensive emergency management program that includes plans and procedures development, public e ducation, disaster response and recovery management, facilities manage ment, program development and marketing, personnel development, p ress availabilities and interacting with elected officials in a jurisdi ction of 840 square miles and over 800,000 in population. First local governm ent in nation to achieve Emergency Management accreditation; Homelan d Security Program Manager (UASI, SHSGP, MMRS) managed portfol io of up to $10M annually in readiness funds; Florida’s Emergency Ma nager of the Year in 2005; Florida Professional Emergency Management cer tification; Incident Management Team Lead in Harrison County, MS for Hur ricane Katrina; Resume Robert M. Patterson, Jr. “Chip” Recent Planning Projects Comprehensive Emergency Management Plan Union County, FL (update) Bradford County, FL (terrorism annex update) Continuity of Operations Plans Union County, FL Nassau County, FL (workshop) University of North FL (workshop) Bradford County, FL Catastrophic Planning Florida Catastrophic Planning Project (IEM) Houston, TX Dallas, TX Greater NY Area Hurricane Preparedness Planning Jacksonville Jaguars, LLC Debris Management ICPs Hyde County, FL Gilchrist County, FL Points of Distribution ICPs Bradford County, FL Gilchrist County, FL Plan Templates to Support CPG 101 Implementation FEMA/IEM Recent Exercises Delivered Tabletop Exercises University of North Florida – Crisis Management Team; Active Shooter State of Florida Governor’s Homeland Security TTX; 2006, 2007, 2009 Union County Interagency Complex Incident Functional Exercises University of North Florida – Crisis Management Team; Active Shooter Lafayette County, FL – Homeland Security exercise Contact Information Robert M. Patterson, Jr. 1532 Quail Roost Lane Jacksonville, FL 32220 904.652.5999 Jpboys4@bellsouth.net IMT Lead in Lee County, FL in Hurricane Wilma. Dis aster Recovery programs for ten (10) Presidential declared disaste rs. Florida Division of Emergency Management, Tallahass ee, Florida June 1993 to December 1995 Supervisor – Eric Tolbert (deceased) Response Services Administrator – Hired to bring about transformational change in the State’s disaster pla nning and readiness following the events of Hurricane Andrew in 1992. Created systems to manage State of Florida delivery of disaster resour ces (equipment, personnel and programs). Development and maintain the State’s Comprehensive Emergency Management Plan, radiologic al emergency preparedness program and management of seven field offices. Lead the interagency planning team to re-write the State’s C omprehensive Emergency Management Plan. Support development and then implement the State’s change management strategy. Develop St andard Operating Procedures to support the State’s disaster operatio ns. Develop training and workshop materials to communicate the State’s d isaster plans. In disaster time responsible for managing the State Em ergency Operations Center. As EOC Manager; ensure that operations wer e consistent with the State’s objectives, ensure that planning, logis tics and finance were all capable of supporting operation’s needs. Six (6) P residential Disaster declarations North Carolina Division of Emergency Management, Raleigh, North Carolina March 1989 to June 1993 Supervisor – Eric Tolbert (deceased) Chief of Operations – Manage State of North Carolina delivery of disaster resources (equipment, personnel and progra ms). Develop EOC procedures for disaster management. Manage State W arning Point; Emergency Operations Center. Five (5) Presidential Disaster declarations Radiological Emergency Preparedness Planner – Fixed nuclear facility off-site readiness. Support Shearon Harri s Nuclear Power Plant, McGuire Nuclear Power Plant and Brunswick Nuclear P ower Plan planning task forces. Update radiological emergency prepare dness plans for all supported facilities. Participate in the exercise design for FEMA evaluated fixed nuclear facility exercises. Participate as a technical expert in fixed nuclear facility exercises. United States Navy Norfolk, VA February 1983 to February 1989 Engineering Duty Petty Officer – USS Glenard P. Lipscomb (SSN-685) Nuclear Pipeline Schools MEMORANDUM TO:Mayor and City Commissioners FROM:Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH:City Manager DATE:January 12, 2012 SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 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 January 3, 2012 through January 13, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an approving Board. It also provides that the City Com mission 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 agenda of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of Ja nuary 11, 2012 1. Tabled (5 to 0, Roger DeCapito and Nick Sadowsky ab sent), a Class I site plan site plan modification associated with building elevation cha nges to the approved townhomes at the Latitude Delray development, located at the northwest corner of So uth Federal Highway and Lindell Boulevard. 2. Approved with conditions (5 to 0), a Class I site p lan modification and landscape plan associated with the addition of a guardhouse and automated gat es for Abbey Delray South , located south of Linton Boulevard and west of the E-4 Canal (1717 Ho mewood Boulevard). The architectural elevation plan was approved on a 4 to 1 vote (Ruste m Kupi dissenting). Concurrently, the Board approved a waiver to LDR Section 4.6.9(D)(3)(c)(2) for a reduction in the required stacking distance from 100’ to 80’ in advance of the guardho use. 3. Approved with conditions (5 to 0), a Class II site plan modification associated with the demolition of the existing open air pavilion and construction of a new 2,320 sq. ft. open air pavilion, relocatio n of existing tree, shower, sign, fence and bench; an d, installation of associated lighting bollards and landscaping for the Delray Beach Pavilion , located at the intersection of Ocean Boulevard an d East Atlantic Avenue. The architectural elevation p lan was approved on a 4 to 1 vote (Rustem Kupi dissenting). 4. Approved with conditions (5 to 0), a Class III site plan modification associated with exterior renovations for the existing sixteen one-story unit s and construction of a multiple story addition on the easternmost beachfront units for Delray Villas by the Sea, located on the east side of Ocean Boulevard, south of Linton Boulevard (2225 South Oc ean Boulevard). 5. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the co nstruction of a 9,066 sq. ft. child care facility f or Trinity Lutheran Early Childhood Center, located at the northwest corner of Lake Ida Road a nd Swinton Avenue (400 North Swinton Avenue). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map MEMORANDUM TO:Mayor and City Commissioners FROM:David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH:David T. Harden, City Manager DATE:January 4, 2012 SUBJECT:AGENDA ITEM 8.K.1 - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 BID AWARD/F2 INDUSTRIES, LLC ITEM BEFORE COMMISSION City Commission is requested to approve Bid #2012-11 award to the lowest bidder, F2 Industries, LLC, for the purchase and delivery of Poly Phosphate at $1.13 per lb. for the Water Treatment Plant at an estimated annual cost of $94,920.00, purchased as n eeded. BACKGROUND Poly Phosphate is an additive for water treatment a vailable in liquid or dry form. It is needed to red uce reversion rate, inhibit scale formation, restrict o xygen permeation and hydrogen generation with corrosion inhibitors to protect water distribution systems from related repair and maintenance expense. Monomolecular film reduces lead and copper leaching to comply with the lead and copper rule. Per the Water Treatment Manager, the City has regularly passed the lead and copper tests which indicates that this product continues to be effecti ve. Five bids were received for supply and delivery of polyphosphate; the lowest bid was from F2 Industries, LLC, in the amount of $1.13/lb. for an estimated annual cost of $94,920.00 (see attached bid tabulation). The Water Treatment Plant Manager recommends award of this bid to F2 Industries. FUNDING SOURCE 441-5122-536.52-21 RECOMMENDATION Staff recommends the approval of Bid #2012-11 award to F2 Industries, LLC, for the purchase of Poly Phosphate at $1.13 per pound for an estimated annua l cost of $94,920.00 MEMORANDUM TO:Mayor and City Commissioners FROM:Randal L. Krejcarek, PE, LEED AP, GISP, City E ngineer Richard C. Hasko, PE, Environmental Services Direct or THROUGH:David T. Harden, City Manager DATE:January 12, 2012 SUBJECT:AGENDA ITEM 8.K.2 - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 BID AWARD/ROSSO PAVING & DRAINAGE, INC. ITEM BEFORE COMMISSION This item is before the Commission for approval/aut horization for Mayor to sign quote from Rosso Paving & Drainage, Inc., in the amount of $36,000.0 0, for sidewalk construction along the alley just south of 20 N Swinton Ave. (the CRA) Project #11-07 5. BACKGROUND This project will provide an east-west sidewalk connection between the CRA parking lo t and N Swinton Ave. and provide an additional sidewalk for this pa rking lot to the current CRA office building. Currently people parking in this lot and going to D oc's, Old School Square or other destinations to th e east have to walk in the alley travel lane to get t o Swinton Avenue. The new sidewalk will be a brick paver sidewalk, to match the existing brick paver s idewalk in and around the CRA parking lot. Also included in this project is new “F” and “D” curbing , grading for drainage and sodding. The CRA is providing the funding for this project a nd the CRA Board approved the Inter-local Agreement Amendment on 12 Jan 2012. Attached is a copy of the location map and quotes r eceived. FUNDING SOURCE 334-3162-541.63-11 RECOMMENDATION Staff recommends approval. CRA Sidewalk N 1/12/2012Delray Beach GIS W Atalntic Av Site MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:January 12, 2012 SUBJECT:AGENDA ITEM 8.K.3 - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 BID AWARD/GULFSTREAM CARPET, INC. ITEM BEFORE COMMISSION Commission is requested to approve a bid award to G ulfstream Carpet, Inc. in the amount of $20,305.80 for approximately 1,134 yards of indoor/outdoor car pet with trim for the Tennis Stadium. BACKGROUND The existing carpet in the Tennis Stadium is approx imately four (4) years old and is worn and ripped i n many locations. The Purchasing Office solicited samples and quotes from four (4) vendors. Only two (2) vendors submitted samples for staff review. Four (4) sample s were selected from each vendor for pricing. Quotes from both vendors are attached. Approximately 1,134 yards of carpeting would be rep laced in the Stadium veranda, wheelchair ramps and areas in the walkways above the box seats. Quot es also included trim and metal transition strips. After careful review by City staff, Tournament staf f and JCD Sports Group, the Cabello Moss Stone Carpet #36321, was selected as the best option. Thi s selection has a limited warranty of three (3) yea rs versus two (2) years. Samples are available in Mr. Barcinski’s office for review. FUNDING SOURCE Funding is available in account code 334-4145-572-4 6.90. RECOMMENDATION Staff recommends approval of the bid award to Gulfs tream Carpet, Inc. in the amount of $20,305.80 for approximately 1,134 yards of replacement carpet wit h trim for the Tennis Stadium as per quote. MEMORANDUM TO:Mayor and City Commissioners FROM:Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH:City Manager DATE:January 3, 2012 SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 WAIVER REQUEST/CHASE BANK ITEM BEFORE COMMISSION Consideration of a waiver request to LDR Section 4.4.12(F)(2) to reduce the minimum required floor area for a free standing structure from 6,000 sq. ft. to 4,423 sq. ft. The development proposal involves demolition of the old Block Buster Video b uilding (6,500 sq. ft.) and replacement with a new Chase Bank. BACKGROUND The City Commission initially approved the Delray T own Center as a 91,417 sq. ft shopping center with two outbuildings consisting of a 5,000 sq. ft drive -through bank and a 5,000 sq. ft restaurant. In 1990 , the City Commission approved a modification of the site plan that transferred 1,500 sq. ft of the 5,00 0 sq. ft from the Bank site (leaving 3,500 sq. ft) t o the Restaurant site (making it 6,500 sq. ft). Thi s action was concurrent with a development proposal to build a Blockbuster movie rental facility (6,500 sq. ft), which was substituted for the restaurant. The overa ll center was constructed in 1990, the Bank (3,500 sq.ft.) in 1990 and the Blockbuster Video Building in 1991. With the citywide rezoning on October 1, 1990, the property was rezoned from LC (Limited Com mercial) to PC (Planned Commercial). With that zoning change came a requirement that any free-standing structure shall have a minimum floor area of 6,000 sq. ft. The waiver request is to allow less t han the 6,000 sq. ft.minimum floor area structure for the new Chase Bank. Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area ; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following narrative in support of the proposed waiver: “The proposed Chase Bank is such that it does not r equire a floor area in excess of 6,000 square feet. The gross floor area of the bank including the drive-thru is 5,298 square feet. The bank is such that architecturally it is compatible with the other structures within the Delray Shopping Center, it ta kes access from the interior circulation system of the development and meets all other code requirements if it were to be situated on an outparcel. If the functio ning area of the drive-thru queuing lanes were accounted for as floor area the building will have well over the minimum required 6,000 square feet. As such the proposed 5,298 square foot Chase Bank is well over the existing free standing TD Bank square footage. The approximate gross floor area of the TD Bank, per the overall survey o f the shopping center, is approximately 4,415 square feet.” By definition the total gross floor of a building, is the area contained within a building measured fr om the exterior surface of the outer building walls. T hus, the gross floor area of the bank cannot includ e the drive-thru canopy as suggested by the applicant. Wi th the applicant’s current proposal the gross floor area of the bank (excluding the drive-thru canopy) is 4,423 sq. ft which is 26.2% short o f the required 6,000 sq. ft. (6,000-4,423=1,577/6,000= 26.2%). It is noted that the gross floor area of the TD Ban k (located to the west within the same shopping center), according to the Class III site plan modif ication approved by SPRAB at its meeting of July 7, 2001, is approximately 3,500 sq. ft which is also b elow the minimum freestanding floor area required by the LDRs. However, the bank square footage of 3,500 sq. ft. was approved for the Palm Beach County Bank (now known as TD Bank) prior to the rez oning of the property to PC zone district in October 1, 1990, which now requires a minimum of 6,000 sq. ft. per building. Further the bank was subject to a site plan modification transferring 1,500 sq. ft. to the subject parcel (see prior discus sion). It is further noted that the facility being demolished meets the current 6,000 sq. ft. minimum free standing floor area structure requirement. Granting the waiver will not adversely affect neigh boring properties, will not create an unsafe situat ion or diminish the provision of public facilities. How ever, as the justification for the waiver centers o n the applicant’s assertion that the bank does not need 6,000 sq. f t. an argument could be made that this would be a grant of a special privilege and may not be granted under similar circunstances on other property for another applicant or owner. REVIEW BY OTHERS The Site Plan Review and Appearance Board (SPRAB) r eviewed the waiver request at their meeting of December 14, 2011 in conjunction with review of the Chase Bank development proposal. After a brief discussion, the Board moved a recommendation of app roval of the waiver request on a unanimous vote of 4-0. A detailed description and analysis of the propo sal is contained within the attached SPRAB staff report of December 14, 2011. RECOMMENDATION City Commission discretion. 1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR CHASE BANK 1. This waiver request came before the City Commission on January 17, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the wai ver request for Chase Bank. All of the evidence is a part of the record in this case. Re quired findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of p ublic facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on ot her property for another applicant or owner. A. Waiver to LDR Section 4.4.12(F)(2): Pursuant to LDR Section 4.4.12(F)(2), any freestanding structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures on the subject plaza; sha ll take access from the interior circulation system of the development ; and shall be able to meet all code requirements as if it were to be situa ted on an outparcel. Should the waiver to reduce the minimum free-standi ng floor area from 6,000 square feet to 4,423 square feet be granted? Yes _______ No _______ 3. The City Commission has applied the Comprehensive P lan and LDR requirements in existence at the time the original dev elopment application was 2 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and compete nt substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff r eports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Co mmission approves ___ denies ___ the waiver request subject to the condition l isted on Exhibit “A”. 6. Based on the entire record before it, the City C ommission hereby adopts this Order this 17th day of January, 2012, by a vote o f _____ in favor and ____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:January 12, 2012 SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 INTERLOCAL AGREEMENT/PALM BEACH COUNTY AND FPL/DIGITAL DIVIDE PROJECT ITEM BEFORE COMMISSION The item before the Commission is an interlocal agr eement with Palm Beach County and Florida Power & Light (FPL) for pole attachment fees and electric al fees related to the Digital Divide project. BACKGROUND The attached interlocal agreement for the City, Cou nty and FPL is in conjunction with the Digital Divide project in the West Atlantic Avenue area. W ireless internet access will be provided through a new system which includes WiFi antenna mounted on F PL street light poles. As part of the interlocal agreement, the City will pay an annual FPL street l ight bracket attachment fee of $119.19 per pole and a monthly electrical service fee currently estimated to be $5.00 per pole. The attached cost summary shows the total estimated annual cost as $8,780.31 based on an estimated 49 poles. RECOMMENDATION Staff recommends approval of the agreement with fin ding to be covered by a mid-year budget amendment. Agreement With Palm Beach County and the City of D elray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 1 of 8 Matter No. Interlocal Agreement This Interlocal Agreement ("Agreement") regarding the payment of Florida Power & Light (“FPL”) attachment and service fees for the C ity of Delray Beach Project is entered into this ______ day of ___________________, 2011, by an d with the City of Delray Beach, a public body corporate and politic of the State of Florida (the “City”) and Palm Beach County, a political subdivision of the State of Florida (the “County”). WITNESSETH THAT: WHEREAS , Section 163.01 of the Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969”, authorizes local governmental units to make t he most efficient use of their powers by enabling them to cooperate with other localiti es on a basis of mutual advantage and thereby to provide services and facilities in a manner and pur suant to forms of governmental organization that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS , Part I of Chapter 163 of the Florida Statutes permits publi c agencies as defined therein to enter into Interlocal agreements with each oth er to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS , the City and County recognize the need to provi de WiFi Internet access to certain residents of Delray Beach in conjunction wi th the efforts of Palm Beach Broadband that provides refurbished computers, training and WiFi a ccess to eligible students and their household family members; and WHEREAS , the County has agreed to participate in this proj ect by installing, on FPL street light poles, WiFi antenna the City managed areas to provide wireless Internet access; and WHEREAS , the City, as sponsor of this project, perceive th is project to be of great value to its participating citizens; and Agreement With Palm Beach County and the City of D elray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 2 of 8 WHEREAS , FPL requires an annual Street Light Bracket Attac hment fee currently $119.19, as provided for in the Street Light Bracke t Attachment Agreement existing between FPL and the County, as well as a monthly electrical ser vice fee currently estimated to be $5.00, as provided for by the Wireless Electric Service Agree ment between FPL and the County, for each street light antenna that must be billed directly t o the WiFi antenna owner. These fees are in addition to the Street Light fees for which the Cit y of Delray Beach is and will continue to be directly responsible to FPL under a separate agreem ent between the City and FPL. NOW, THEREFORE , in consideration of the mutual covenants herein c ontained and for other good and valuable consideration, the part ies do mutually agree as follows: AGREEMENT Section 1 Purpose and Fee Approval The purpose of this Agreement is to implement a bil ling process whereby the County will invoice the City for FPL street light bracket antenna attac hment fees and the City shall be responsible for payment of these fees. Such fees shall be for a uthorized attachments in accordance with Section 4.1 (a) and (b) of the Street Light Bracket Attachment Agreement and in accordance with the Wireless Internet Electric Service Agreement. Section 2 Approval The City approves the payment of the charges for all of the Tropos WiFi antennae it approves for this project. FPL will provide the County with a bill in two forms, a monthly electrical service bill for each street light used in the project and an annual attachment fee. This Agreement shall become effective upon its execution by both parties . Additional antenna installations within the City District shall require the prior written appro val of the City Manager. Agreement With Palm Beach County and the City of D elray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 3 of 8 Section 3 Term The term of this Agreement, unless terminated as pr ovided herein, is for a period of one year. This Agreement shall automatically be renewed annually unless e ither party gives written notice of termination of this Agreement as provided for in Section 9 herein. Section 4 County’s Responsibilities for the Street Light Antenna The County shall be responsible for the routine, da y-to-day management of the street light antenna. The County will work closely with FPL and street light personnel regarding the planning and placement of each antenna. The City sh all be consulted and informed of the placement on the City managed areas. Section 5 Indemnification and Insurance The City and the County recognize their respective liability for certain tortious acts of its agents, officers, employees, and invitees, and agree to be responsible, respectively, for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees. Su ch liability is subject to the provisions of law, including the limits included in Section 768.28, Fl orida Statutes, which sets forth the partial waiver of sovereign immunity to which governmental entities are subject. It is expressly understood that this provision shall not be constru ed as a waiver of any right or defense that the parties have under Section 768.28 or any other stat ute. This Interlocal Agreement does not provide third parties with any remedy, claim, liabi lity, reimbursement, cause of action, or other right or privilege, except the provisions hereof in volving indemnification or limitation of liability of the City and the County. Without waiving the right to sovereign immunity as provided by Section 768.28, The City acknowledges to be either insured or self-insured f or General Liability, Professional Liability, and workers’ compensation coverage under Florida so vereign immunity statutes with coverage limits of $200,000 Per Person and $300,000 Per Occu rrence; or such monetary waiver limits that may change and be set forth by the Legislature . Agreement With Palm Beach County and the City of D elray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 4 of 8 Section 6 Damage Caused by Disasters Should the Network be damaged or destroyed by a nat ural or man-made event to the extent that the cost to repair or replace the line, including u tility pole replacement, exceeds 50% of the original installation costs, this Interlocal Agreem ent is automatically terminated unless the governing bodies of the City and County authorize i ts continuation and associated funding to repair or restore the affected area(s). Section 7 Miscellaneous No provision in this Agreement shall provide to any person not a party to this Agreement any remedy, claim, or cause of action, or create any th ird-party beneficiary rights against either party. In the event that any one or more of the pr ovisions in this Agreement shall for any reason be held to have no force and effect, this Agreement shall, if possible, be interpreted in a manner so as to effectuate the intention of the parties. Provisions contained in this Agreement that, by their sense and context, are intended to survive th e suspension or termination of this Agreement, shall so survive. All disputes related to this Agreement shall in the first instance be referred to the appropriate executives of each part y for resolution. This Agreement is the subject of negotiation between the parties and shou ld not be interpreted more favorably toward one party over the other. Section 8 Nondiscrimination The parties warrant and represents that all of its employees are tr eated equally during employment without regard to race, color, religion, disability, s ex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and ex pression. Agreement With Palm Beach County and the City of D elray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 5 of 8 Section 9 Disclosure and Ownership of Documents To the extent allowed by Chapter 119, Florida Statutes, all written and oral inf ormation not in the public domain or not previously known, and all information and data obtaine d, developed, or supplied by the County or at its expense will be kept confi dential by the Consultant and will not be disclosed to any other party, directly or indirectly, without t he County's prior written consent unless required by a lawful court order. All drawings, maps, sketc hes, programs, data bases, reports and other data developed, or purchased, under this Interloc al Agreement for or at the County's expense shall be and remain the County's property and ma y be reproduced and reused at the discretion of the County. All covenants, agreements, representations and warranties made he rein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall sur vive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. Notwithstanding any other provision in this Interlocal Agreement, all docume nts, records, reports and any other materials produced hereunder shall be subject to disc losure, inspection and audit, pursuant to the Palm Beach County Office of the Inspector Genera l Ordinance 2009-049, as may be amended. Section 10 Notice Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mail, postage prepaid, and cer tified return receipt requested to the following addresses or such other addresses as the parties ma y provide to each other in writing: To THE CITY: David T. Harden , City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, Fl orida 33444 Telephone: 561.243.7000 Agreement With Palm Beach County and the City of D elray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 6 of 8 With a copy to: , Attorney City of Delray Beach 100 NW 1 st Avenue Delray Beach, Fl orida 33444 Telephone: 561.243.7000 To COUNTY : Robert Weisman, County Administrator Palm Beach County Board of County Commissioners 301 N. Olive Avenue, 11 th Floor West Palm Beach, FL 33401 Telephone: 561-355-2712 With a copy to: Paul King, Assistant County Attorne y County Attorney’s Office Palm Beach County Board of County Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 Telephone: 561-355-2734 With a copy to: Steve Bordelon, Director ISS Palm Beach County Board of County Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 Telephone: 561-355-2394 Section 9 Entire Agreement This Agreement represents the entire agreement betw een the City and the County and supersedes all prior agreements or representations, whether written or oral, with respect to the subject matter hereof. No provision of this Agreem ent may be changed or amended except by written agreement signed by both Agencies. This Ag reement shall be binding upon the City and the County and their respective successors and assi gns. Agreement With Palm Beach County and the City of D elray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 7 of 8 Section 10 Filing This Agreement will become effective upon filing a copy of the signed Agreement with the Palm Beach County Clerk & Comptroller’s Office. Section 11 Participation This Agreement shall not be construed against the p arty who drafted the same as all parties to this Agreement have participated in drafting the sa me. Section 12 Venue for Dispute Resolution This Agreement shall be construed in accordance wit h the laws of the State of Florida. Should any litigation arise from this Agreement, venue sha ll lie in Palm Beach County, Florida. Section 13 Binding Agreement This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. Section 14 Severability In the event that any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision. Section 15 Subject to Funding This Agreement is expressly conditioned upon the av ailability of funds lawfully appropriated and available for the purposes set out herein as de termined in the sole discretion of the City. In the event funds to finance this Agreement become un available, the City may terminate this Agreement upon no less than thirty (30) days notice to the County, the City shall be the sole and final authority as to the availability of funds. Agreement With Palm Beach County and the City of D elray Beach Re: Payment of FPL Pole Attachment and Electrical Fees for the WiFi Project Page 8 of 8 ATTEST: Palm Beach County, Florida, By Its Board of County Commissioners Sharon R. Bock, Clerk & Comptroller By: _______________________ By: _______________________ Deputy Clerk Shelly Vana, Chair (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: _______________________ By: _______________________ County Attorney Steve Bordelon Director, ISS City of Delray Beach By: ________ Nelson S. McDuffie, Mayor ATTEST: By: _________________________ 49$119.19$5,840.31 $5.0049$60.00$2,940.00 $8,780.31 Annual Cost to the City Digital Divide Interlocal Agreement Estimated Pole Attachment Costs Monthly Cost Number of Poles Annual CostTOTAL Annual cost per street light backet Monthly cost for electric service fee Copyright © 1988-2003 Microsoft Corp. and/or it s suppliers. All right s reserved. http://www.microsoft.com/mappoint © Copyright 2002 by Geographic Data Technology, Inc. All rights reserved. © 2002 Navigation Technologies. All ri ghts reserved. This data includes information taken wit h permission from Canadian authorities © 1991-2002 Gove rnment of Canada (Statistics Canada and/or Geomatics Canada ), all ri g hts reserved. delray.beach 0 mi 0.2 0.4 0.6 0.8 MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:January 10, 2012 SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 SPECIAL EVENT REQUEST /1ST ANNUAL WINE AND SEAFOOD FEST IVAL ITEM BEFORE COMMISSION Commission is requested to approve a special event permit for a Wine and Seafood Festival produced by the Greater Delray Beach Chamber of Commerce pro posed to be held on November 10, 2012 from 11:00 a.m. to 10:00 p.m., and November 11, 2012 fro m 11:00 a.m. to 8:00 p.m., with alternate dates of November 3 & 4, 2012, pending dates for the Chris E vert Tennis Tournament. Commission is also requested to approve a temporary use permit per LDR ’s Section 2.4.6.(F) for the closure of Atlantic Avenue from the west side of Bronson to the east si de of the Intracoastal from 3:00 p.m., Friday, November 9, 2012 through approximately 10:00 p.m. S unday, November 11. 2012; and providing staff support for traffic control and security, EMS servi ces and Fire Inspections, barricading and event signage. BACKGROUND Attached are a special event permit application, si te plan, budget and economic prosperity calculator received from Nancy Stewart-Franczak on behalf of the Chamber of Commerce. Two (2) different weekends are listed since we do not yet know what w eekend the 2012 Chris Evert Tournament will be held. This is a new event being proposed as a result of E ast Atlantic Avenue Merchants asking for additional events on the beach side. The applicant has indicat ed that they have BPOA support, as well as merchant support for this proposed event. Staff has a concer n with the request to close Atlantic Avenue at 3:0 0 p.m. on Friday and would recommend an early AM clos ure on Saturday, as we do for Delray Affair and the Howard Alan Show. The estimated overtime costs for this event is $14,215, barricade and message and arrow board rental $1,200 and signage $250 for a total estimated City cost of $15,665. Per Event Policies and Procedures the event producer is required to pay 100% of City costs. RECOMMENDATION Staff recommends consideration of the special event permit, temporary use permit, signage, barricading and staff assistance as requested with the followin g conditions: 1.Final approved date contingent on the weekend of the 2012 Chris Evert Tournament. 2.Street closures to commence after 2:00 a.m. of th e date of the event. 3.Receipt of a Certificate of Event Liability Insur ance fourteen (14) days prior to the event. 4.Receipt of a Liquor Liability Insurance fourteen (14) days prior to the event. 5.Alcohol beverages not to be served before noon on Sunday. 6.Event producer is required to provide dumpster an d grease disposal barrels for vendor use. 7.All trash and garbage to be removed from area and cleaned up by 2:00 a.m. Monday morning. 8.All barricades to be removed immediately after ev ent, and the area cleared of tents and cleaned. 9.Receipt of an additional $100 for the event permi t fee; this is considered a major event. MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:January 12, 2012 SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 SPECIAL EVENT REQUEST/TWILIGHT FESTIVAL 5K RUN ITEM BEFORE COMMISSION City Commission is requested to approve a Special E vent Permit for a Twilight Festival 5K Run produced by RAC Production to be held on March 10, 2012 from 8:00 a.m. to approximately 10:00 a.m. Commission is also requested to grant a tempor ary use permit per LDR’s section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard from 6:00 a.m. to approximately 10:00 a.m., and to authorize staff support for traf fic control, barricading, clean up, and waiver of parking meter fees for Sandoway and Anchor parking lots. BACKGROUND Attached is a permit request received from Chelsea Midlarsky for this event, along with an event map, budget and other information. This proposed 5K Run is an additional activity proposed to be held in conjunction with the Wellness and Fitness Festival/Bike Race previously approved. The estimated overtime cost for this event is $2,985 and barricad e rental $100 for a total estimated cost of $3,085. Per Special Event Policies and Procedures, the event pr oducer is required to pay 100% of City costs. RECOMMENDATION Staff recommends consideration of approval of the s pecial event permit, the temporary use permit, request for staff assistance, and waiver of the par king meter fees from 6:00 a.m. until 10:00 a.m. for Sandoway Park and Anchor parking lots with the foll owing conditions: 1. Receipt of a Certificate of Liability Insurance and a Hold Harmless agreement by February 19, 2012. 2. Receipt of permit fee of $150 by January 27, 2012. 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:January 4, 2012 SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 AGREEMENTS FOR CONSULTING ENGINEERING SERVICES ITEM BEFORE COMMISSION This item is before the Commission for approval/aut horization for Mayor to sign Engineering RFQ agreements with Corzo Castella Carballo Thompson & Salman, Craig A. Smith & Associates, Calvin Giordano & Associates, Kimley-Horn & Associates, Mathews Consulting, Inc. and Wan tman Group. Project #12-057. BACKGROUND On 02 Oct 2011 Request for Qualifications were soli cited from engineering firms for capital improvement projects contained in the City’s Capital Improvement Program (CIP). Thirty four fi rms responded and were reviewed by the selection commit tee. On 13 Dec 2011 City Commission gave staff approval to negotiate continuing contracts with; Co rzo Castella Carballo Thompson & Salman, Craig A. Smith & Associates, Calvin Giordano & Associates, K imley-Horn & Associates, Mathews Consulting, Inc. and Wantman Group. Attached are partially exec uted agreements from Corzo Castella Carballo Thompson & Salman, Craig A. Smith & Associates, Cal vin Giordano & Associates, Kimley-Horn & Associates, Mathews Consulting, Inc. and Wantman Gr oup. RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:January 4, 2012 SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commision for an appoi ntment to the Financial Review Board. BACKGROUND There is a vacancy on the Financial Review Board du e to the resignation of regular member Ms. Rosalie Blood. The term is unexpired ending July 31, 2012. Appointment is needed for one (1) regular member. On October 6, 2009, the Delray Beach City Commissio n adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City’s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt ser vice expenses, capital outlay, grants to other enti ties and transfers to other funds or any other items tha t may favorably impact the City’s budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded res ponsibilities of analysis of revenues and expenses and business practices and processes. Resolution No . 05-11 provided further amendments to clarify that the Board’s duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9 ) members. Five (5) seats on the Board must be filled with a certified public accountant, accounti ng professional, finance professional, certified financial planner, investment advisor, insurance pr ofessional (property/casualty or health), business owner/manager/officer and someone with an MBA or MP A degree. The remaining four (4) members may be at large. The following individual has submitted an applicati on and would like to be considered for appointment: Applicant with experience in the professions requir ed: Brian Wood Director/Senior Manager-Finance A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Financial Review Board for an unexpired term ending July 31, 2012. FINANCIAL REVIEW BOARD 01/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Unexp Appt 08/02/11 reg Appt 06/21/11 alt Anthony Cottone Business Owner/Finance 07/31/12 Unexp Appt 11/01/11 David Stein Business Owner 07/31/13 Unexp Appt 04/05/11 Reappt 06/21/11 John Hallahan Assistant Director of Operations/Retired 07/31/12 Unexp Appt Vacant 07/31/13 Appt 11/03/09 Reappt 6/21/11 Christina Morrison, Chair Realtor 07/31/13 Unexp Appt 04/05/11 Reappt 06/21/11 Jeff Ritter Management Consulting Professor 07/31/12 Appt 07/20/10 Luise Piane Executive Management ALTERNATES 07/31/13 Unexp Appt 01/03/12 Warren Trilling Retired-Certified Public Accountant 07/31/13 Unexp Appt Vacant Contact: Barbara Flynn X-7115 S/City Clerk/Board 11/Financial Review Board MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:January 4, 2012 SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appoint ments to the Education Board. BACKGROUND There are vacancies on the Education Board for two (2) regular members due to Ms. Sharon Schwartz and Ms. Amanda Orndorff missing three (3) consecuti ve meetings. The terms are unexpired ending July 31, 2013, and July 31, 2012. Appointments are neede d for two (2) regular members. Members of the Education Board must be a resident o f the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include pers ons with a background in business, real estate and/or education. The following individuals have submitted applicatio ns and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered w ith the exception of Mr. John Pasqual. Based on the rotation system, the appointments will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve an unexpired term endin g July 31, 2013, and Commissioner Alperin (Seat #2) for one (1) regular member to serve an unexpire d term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Education Board for an unexpired term ending July 31, 2013, and one (1) regular memb er to serve an unexpired term ending July 31, 2012. 01/12 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2013 Appt 07/05/11 LeAnne DeRigne Educator 07/31/2012 Unexp Appt 04/21/11 Jose Herrera Special Events Coordinator 07/31/2012 Appt 07/15/08 Reappt 07/20/10 Derline Pierre-Louis, Vice Chair President/Plan & Budget Reviewer 07/31/2012 Unexp Appt Vacant 07/31/2012 Appt 07/20/10 Debra Kaiser Senior Director 07/31/2012 Unexp Appt 11/15/11 Angela Burns Educator 7/31/2013 Unexp Appt 12/06/11 Julia Kadel Director of Admissions 07/31/2013 Unexp Appt Vacant 07/31/2013 Appt 06/21/11 Isabel Make Educator/Consultant 07/31/2013 Appt 08/02/11 Lee Cohen Educator 07/31/2013 Unexp Appt 12/07/10 Reappt 06/21/11 Myra Leavy Bazemore Educator STUDENT MEMBERS (one term limit) 7/31/2013 Appt 06/21/11 2 YEAR TERM Madison Aracri Student 7/31/2012 Appt 07/19/11 1 YEAR TERM Trevis Pridgen Student CITY REPRESENTATIVE: Janet Meeks – Education Coordinator 243-7231 COMMISSION LIAISON: EDUCATION BOARD EXHIBIT A Mary-Elizabeth Cohn Education/Sales & Consultant Claudia Flores Banking-Assistant Vice President Mary Leavenworth Director/Educator Sandra Owens Educator John Pasqual Surgeon Kevin Warner Educator (currently serving on the Police Advisory Board) MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:January 13, 2012 SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 GARBAGE RATE COMPARISONS ITEM BEFORE COMMISSION The Commission is requested to give direction to st aff regarding how we should respond to Waste Management's proposals for extension of their franc hise for solid waste collection within Delray Beach . BACKGROUND As previously requested, attached is a comparison o f rates being charged to various cities for garbage collection services. We will double check on Tuesd ay to be sure no city charges have been included in these rates. Also attached is a memo with recommen dtions from the Community Improvement Department. Staff is prepared to gather any additi onal information the Commission may wish to have on this subject. RECOMMENDATION If the franchise is to be extended, I recommend tha t the language of our franchise agreement be update d to correct any issues we have found with the existi ng agreement. Page 1 Memo To: David Harden – City Manager From: Lula Butler - Director, Community Improvemen t Subject: Rate Comparisons for Waste Removal Services Date: January 13, 2012 Staff has completed the analysis of ten (10) Munici pal Franchise Agreements within Palm Beach and Broward Counties. The municipalities var y in size and population having franchise agreements that have been either awarded or renewed within the past two (2) years. Waste Management has eight (8) of the agreements an d Republic and Waste Pro each have one (1). The attached chart details the costs for residential, multifamily commercial services, as well as information regarding annual adjustments for your review. Each Franchise Agreement has variations or unique f eatures, which are tailored to the municipality’s needs. As an example, Delray Beach has a clam truck and driver funded and assigned to the Code Enforcement Division by Waste Management. Each of the Agreements has some allocation for public participation and in -kind services provided to the municipality. Waste Management has presented a proposal to renew the existing Franchise Agreement with options of a 5-, 8- or 10-year contract. Staff wou ld strongly suggest that if the Commission chooses to renew the Franchise Agreement, considera tion should be given to having Waste Management assume the responsibility of servicing c ontainers placed at all bus shelters under the same arrangement that exists for the City-provi ded pelican containers located within the downtown corridor. Placing solar-powered compactor s at the high-traffic shelters would help balance the service level and cost to Waste Managem ent. The City will realize a significant savings annually under this arrangement. LB:DQ Attachments Updated Informatio n for Item 9.H. Schedul e I – Rate Comparisons fo r Waste Removal Services Page 1 Delray Beach Highland Beach Jupiter Margate Miramar (Pop 60,522) (Pop 3,539) (Pop 55,156) (Pop 53,284) (Pop 122,041) Contract Period Current 10/1/08 – 9/30/13 1999 (original contract) 12/31/14 3-yr term option 3/1/07 – 2/28/12 5-yr renewal option 10/1/09 – 9/20/12 3-yr renewal option 5/1/11 – 4/30/16 Residential Curbside Cart $11.42 Rear $21.69 Bag $ 9.38 $10.63 $11.52 $26.78 $18.75 (optional curb-side bags) Residential Multi-Family Container $5.74/unit $5.89/unit $7.25/unit $26.65/unit $104.27/cubic yd/wk (dumpster) Commercial Container $5.64/yd $6.36 $7.61 $16.32 $204.58/cubic yd/wk Roll-Off Rate Per Pull $230.28 Compactor $173.32 >12 cy >12 cy Compactor $225 $190.03 $361.50 Fuel Adjustment Provision Yes (Table) Annual Adj. Yes (Table) Quarterly Adjustment Yes – petition to town/basis/extraordinary or unusual Yes Table Annual Adjustment *no increase for first 3 years of contract except under extraordinary conditions Other Significant Rate Adjustment Provisions * Annual CPI increase not to exceed 5% Rolling CPI (5% max cap per yr) Rolling CPI (5% max cap per yr) Rolling CPI (up to 5% annually) Same as above Roll-Off Exclusive No Yes No Yes Yes Company Waste Management Waste Management 5-yr option renewed Waste Management 3-yr option renewed Waste Management Waste Pro *All municipalities have a provision allowing for extraordinary or un usual operation costs Updated Informatio n for Item 9.H. Schedule I – Rate Comparison s for Waste Removal Services Page 2 Delray Beach P.B. Gardens Riviera Beach Royal Palm Bch Tamarac (Pop 60,522) (Pop 48,452) (Pop 32,488) (Pop 34,140) (Pop 60,427) Contract Period Current 10/1/08 – 9/30/13 4/106 – 3/30/12 3/1/11 – 9/30/16 10/1/12 – 9/30/17 10/2011 – 10/2020 Residential Curbside Cart $11.42 Rear $21.69 Bag $ 9.38 $8.96 $10.74 $10.39 $14.43 $42.60 (rear door) n/a Residential Multi-Family Container $5.74/unit $6.98/unit $10.59/unit $10.32/unit $ 5.12/unit $12.53/dumpster Commercial Container $5.64/yd $ 7.15/yd $18.15/yd $9.64/yd $14.74/yd (includes disposal fee) Roll-Off Rate Per Pull $230.28 $194.00 $193.39 $217.89 $293.00 Fuel Adjustment Provision Yes (Table) Annual Adj. Extraordinary rate adjustment - unusual changes in fuel costs. Reports & requests submitted quarterly 2.5% Based on 12-month Change Up to 3% annually, based on CPI. Yes Combined with CPI Other Significant Rate Adjustment Provisions * Annual CPI increase not to exceed 5% Increase based on 80% of CPI (7/1 – 6/30) fees adjusted April 1 each yr Annual comparison to last 12 months CPI Increased costs based on SWA disposal rate CPI & fuel index published by US Dept of Energy; not to exceed 5% total Roll-Off Exclusive No No Yes Yes Yes Company Waste Management Waste Management (New 5-yr renewal in place) Waste Management Republic Waste Management *All municipalities have a provision allowing for extraordinary or un usual operation costs Updated Informatio n for Item 9.H. Schedule I – Rate Comparison s for Waste Removal Services Page 3 Delray Beach Wellington West Palm Beach (Pop 60,522) (Pop 56,508) (Pop 99,919) Contract Period Current 10/1/08 – 9/30/13 2008 – 2015 5/2009 – 6/2012 (recycling only) Residential Curbside Cart $11.42 Rear $21.69 Bag $ 9.38 $11.74 City Pick-Up Residential Multi-Family Container $5.74/unit $9.34/unit City Pick-Up Commercial Container $5.64/yd $5.82/yd City Pick-Up Roll-Off Rate Per Pull $230.28 Negotiated: (1) Republic (2) Waste Mgmt (3) Southern City Pick-Up Fuel Adjustment Provision Yes (Table) Annual Adj. No 12-month adjustable fuel modifier (table) Other Significant Rate Adjustment Provisions * Annual CPI increase not to exceed 5% CPI annual adjustment No Maximum Extraordinary Rate Adjustment Roll-Off Exclusive No No Company Waste Management Waste Mgmt Waste Mgmt provides recycling services only *All municipalities have a provision allowing for extraordinary or un usual operation costs MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:January 10, 2012 SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 RESOLUTION NO. 02 -12/FIRE ASSESSMENT FEE ITEM BEFORE COMMISSION Approval of Resolution No. 02-12, providing for a fire assessment fee, if adopted , to be placed on the property tax bill for the fiscal year beginning Oct ober 1, 2012 and providing for a fire assessment fe e for fiscal year 2011/2012 to be direct billed by th e City. BACKGROUND While considering the City's budget for Fiscal 2012 , after cutting some $4,300,000 from departmental budget requests the Commission decided that it woul d be more fair to institute a fire assessment fee t o raise the additional $3,200,000 needed to balance the budget, rather than increasing the property tax by approximately 0.55 mills. Therefore the adopted bu dget for FY 2012 includes $3,200,000 in revenue from a fire assessment fee. The proposed assessment s will raise this amount, based on an assumed 95% collection rate. Resolution 2-12, if adopted, provides for the place ment of a fire assessment fee on the non-ad valorem tax roll starting with the fiscal year beginning Oc tober 1, 2012 and for direct billing of a fire asse ssment fee by the City for fiscal year 2011/2012. This fee would recover a portion of the annual cost the Cit y spends on providing fire protection service to prop erties within the City. Based on the direction the Commission gave at its November 15, 2011 Commission meeting, the rate for residential and non- residential assessments is based on a tiered approa ch according to the square footage of the property. The fire rescue assessment study final re port sets forth the methodology used. If the Commission approves the resolution the City will bi ll the property owners for the assessment for fisca l year 2011/2012. Thereafter the assessment will be on the Palm Beach County non-ad valorem assessment roll and billed on the annual property t ax bill. RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION NO. 02-12 RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA ADOPTING A SCHEDULE OF NON-AD VALOREM ASSESSMENTS FOR FIRE RESCUE OPERATIONS AND FIRST RESPONSE FOR THE FISCAL YEAR 2011-2012 AND ANNUALLY THEREAFTER. WHEREAS, Sections 197.3632 and 170.201 Florida Statutes aut horize the City Commission for the City of Delray Beach, (“the Comm ission”) to levy and assess non-ad valorem assessments for the purpose of funding fire rescue services and first response; and WHEREAS, all notices required by Section 197.3632 and 170.2 01 Florida Statutes in order to utilize the county tax roll for collection of as sessment have been published in a daily newspaper of local circulation within Palm Beach County as required by law; and WHEREAS, on November 15, 2011, at a public hearing the Comm ission adopted Resolution No. 49-11 determining to use the county tax roll to collect said non-ad valorem assessments; and WHEREAS, at the conclusion of the hearing on November 15, 2 011, the Commission determined to go forward with the adoption of a sch edule of non-ad valorem assessments and set a final hearing for January 17, 2012; and WHEREAS, all individual first class mail notices and notice by publication to all owners of taxable property within the City of Delray have bee n prepared and served as required by Sections 197.3632 and 170.201 Florida Statutes; and WHEREAS, the Commission has heard all testimony and conside red all evidence including a report by Burton & Associates regarding the propo sed assessment methodology and assessment schedule, adopted and included herein as Attachment A (the Burton Report); and WHEREAS, the Commission has determined the proposed schedul e of assessments is equitable, fair and allocates assessments in accord ance with the benefit received by individual property owners; and WHEREAS, all improved property within the City of Delray Be ach is benefitted by fire rescue services and first response by increased property va lues and reduced fire insurance rates; and WHEREAS, the benefits of the assessment substantially exceed the financial burdens of the assessment; and 2 Res No. 02-12 WHEREAS, assessments will be levied proportionately on asse ssable property based upon the proportion of benefits received. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF DELRAY BEACH: Section 1. That the Burton report assessment methodology, cost s, benefits, equitable apportionment and schedule of non-ad valorem assess ments proposed to be levied against all assessable, non- exempt property within the City is hereby approved and adopted. Section 2. That the said assessments shall be collected by the City of Delray Beach for fiscal year 2011/2012. Section 3. That the said assessments shall be collected by the Palm Beach County Tax Collector for fiscal year 2012/2013 and annually thereafte r. Section 4. That this resolution shall be effective upon adoption. PASSED AND ADOPTED in regular session on the 17 th day of January, 2012. _________________________________ M A Y O R Attest: ____________________________ City Clerk Presented by: 1 City of Delray Beach Fire Assessment Study City Commission Meeting January 17, 2012 Presentation of Results Additional Information for Item 10.A. Introduction of Burton & Associates `Burton & Associates Firm Background `Multi-year financial planning and rate services to local governments since 1988 `Fire Assessment development has been a significant portion of our practice over the past ten years `Some of our Fire Assessment clients `Brevard County, Lauderdale-by-the-Sea, Deltona, Cape Coral, Orange Park, New Port Richey `Some of our clients in the Southeast Florida area `Fort Lauderdale, Lake Worth, Coconut Creek, Lauderdale-by- the-Sea, Davie, Coral Springs, Key Biscayne `Project Staff `Mike Burton –President & Project Director `Andy Burnham –Senior Vice President & Project Manager 2 Additional Information for Item 10.A. 3 Project Scope `Develop a Fire Assessment Program for the City: `Identify an assessment rate structure to achieve a fair and equitable relationship between: `The benefit received by properties, and `The cost burden of the assessment `Develop a ten-year Fire Service financial management plan `Prepare the assessment roll, final report, and provide implementation assistance Additional Information for Item 10.A. 4 Background `Fire Assessments are an alternative revenue source to more fairly recover the cost of Fire/Rescue Services `Emergency Medical Services (EMS) costs cannot be included in a Fire Assessment per a Florida Supreme Court decision `Fire costs must be apportioned to properties based upon benefit `Benefit criteria include: `Watch Standing Benefit–The maintenance of facilities, equipment, and personnel to provide fire suppression services within acceptable response times –99% of Fire Costs `Service Benefit–Actual calls for service made to property classes: - 1% of Fire Costs (marginal costs of making calls, primarily fuel) Additional Information for Item 10.A. The Analysis `Cost determination `Performed a detailed allocation of Fire Rescue costs to Fire and Emergency Medical Service (EMS) `Included only Fire costs in the Fire Assessment `Property data `Provided by the Palm Beach County Property Appraiser `Compiled into a Fire Assessment database `Used Department of Revenue (DOR) land use codes to: Determine allocation of costs to residential and non-residential property classes based upon square feet of developed space Determine properties to be exempted or excluded from the Fire Assessment (described on next slide) `Database used to calculate assessment rates by property class and specific assessments for each parcel and prepare the Fire Assessment roll upon approval 5 Additional Information for Item 10.A. The Analysis `Property data ( Cont’d) `Exempted property classes (not included in the cost apportionment) `Vacant `Religious institutions `Public County schools `Federal buildings `Rivers and lakes, right-of-way/buffers, etc. `Excluded property classes (included in the cost apportionment but not included in the assessment roll) `Districts `City property `County property 6 Additional Information for Item 10.A. RESIDENTIAL REVENUE ALLOCATION RESIDENTIAL ASSESSMENT REVENUE 2,658,064 $ TOTAL RES ASSESSMENT2,658,064 $ Tiered Rate Structure Block TopFrequencyERU#of Eq.UnitsRate 1,000,0003693.091,140263.00 $ 5,0009302.192,037186.00 $ 3,5005,2731.427,488121.00 $ 2,00012,2001.0012,20085.00 $ 1,20014,2140.618,67152.00 $ 32,98631,535 RESIDENTIAL ALLOCATION Residential Assessment Rates 7 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 1,2002,0003,5005,0001,000,000 Additional Information for Item 10.A. NON Assessment Revenue Summary 9 FIRE ASSESSMENT REVENUE SUMMARY RESIDENTIAL ASSESSMENT REVENUE2,658,064 NON Survey 10 020406080100120140160180200 Boca Raton Boynton Beach Pompano Beach Coral Springs Fort Lauderdale Deerfield Beach Hollywood Boca RatonBoynton BeachPompano BeachCoral SpringsFort LauderdaleDeerfield BeachHollywood FY 2012 Fee 8088111128.77135143189 FY 2011 Fee 6068111114.84135143159 FY 2011 &2012 Fire Assessment Fee Comparison Survey Delray Beach Proposed Average Residential Assessment Additional Information for Item 10.A. Recommendations `Consider adoption of Fire Assessments as presented herein `Residential `Tiered rates by the amount of developed square feet per unit on each parcel `Non Residential `Tiered rates by the amount of developed square feet on each parcel `Financial plan `Review the assessments periodically to ensure adequate financial resources to fund all fire costs `Fire Assessments `Other operating revenue (payments from other communities served) `General Fund 11 Additional Information for Item 10.A. 12 Discussion Additional Information for Item 10.A. January 17,2012 Additional Information for Item 10.A. Projected Revenues y At 2011 millage rate (7.19 )$89,016,810 y Each 1/10 th mill equals $582,568 Additional Information for Item 10.A. Projected Expenses y Initial Budget Requests $96,953,030 y Net cuts made $4,210,050 y Remaining Expenses $92,742,980 y Balance needed at 7.19 mills $3,726,170 Additional Information for Item 10.A. Recommended Changes to Balance Budget at 7.19 mills for Operations y Grants 313,360 y Increase Parking Fees 204,100 y Increase Parks and Planning Fees 40,420 y Fire Service Assessment 3,168,290 y Or increase the millage 0.55 mills y Total Revenue Increase $3,726,170 Additional Information for Item 10.A. Has the City Cut Its Expenses? y 2007 Property Tax Revenue $59,021,613 y 2012Property Tax Revenue $45,460,725 y A 23% reduction in property taxes y 2007 General Fund Budget $103,115,460 y 2012 General Fund Budget $93,356,270 Additional Information for Item 10.A. Actions Taken to Cut Costs y Offered early retirement for General Employees y Eliminated or frozen positions y Increased employee pension contributions y Reduced General Employee pension benefits y Frozen salaries and wages y Eliminate two paid holidays for Fire and Police y Reduced Retiree Health Trust contributions y Reduced energy usage y Reduced use of overtime Additional Information for Item 10.A. Frequently Asked Questions (FAQs) Q: What is the Fire Assessment Fee? A: The Fire Assessment Fee is a new proposed fee that will fund fire rela ted services only (i.e., fire station facilities, equipment, trucks) similar to fees charged in ne ighboring cities (i.e., Boca Raton, Boynton Beach, West Palm Beach, etc.). The total amount of revenue estimat ed to be collected from the fee is $3.34 million per year, which is only a portion of the $18.9 mill ion of fire-related expenses in the Fire-Rescue Department’s operati ng budget for Fiscal Year 2012. This revenue will not increase the Fire-Rescue’s budget or salaries . Instead, it provides a new revenue source to offset the decline in other revenue sources, such as property taxes. Q: Why is this being done? A: The City’s funding from property taxes, a main source of City revenue, has de creased significantly because of the decline in home values, extra property ta x exemptions and an increase in homestead exemptions that were approved by the State Legis lature. Currently, there are over 600 property owners who pay no property taxe s to the City and almost 6,000 properties that pay $200 or less. If a property is valued below $50,000 and i t qualifies for the $50,000 homestead exemption, that property will pay no City property ta xes. Further, if the City Commission had raised the Ad-Valorem (property) tax rate, the prop erty owners who currently pay no taxes would continue to pay no taxes. The Fire Assessment Fee (a Non Ad- Valorem fee) helps ensure that all homeowners contribute and creates a mo re fair system. This fee will also assist in maintaining the high level of service the City p rovides and will also help to maintain the insurance rating level that lowers homeowner insurance rate s for the community. Q: What happens if I don’t pay, will Fire-Rescue still respond? A: Absolutely. Fire-Rescue will respond to a call regardless of whether the fee is pai d. If the assessment is not paid for Fiscal Year 2011/2012, a lien may be placed on the property. If the bill is not paid in future years, a tax certificate will be is sued against the property. Q: What does Non Ad-Valorem mean? A: Non Ad-Valorem is a fee that is not calculated based on property value. Q: How is the fee determined? A: The Fire Assessment is calculated based on on-site building square footage of all improvements on the property (see table below). The square footage th at has been identified for each parcel of property (residential and commercial) was provided b y the Palm Beach County Property Appraiser’s Office: www.pbcgov.com/papa/ (Note: Information on finding the square footage for all structures on each property can be found at the bottom of this F AQ document). Q: How much will this cost me? A: The amount of the Fire Assessment Fee is identified in the chart above and is b ased on the on-site building square footage for all improvements on a parcel of propert y. Further, this information was outlined in a notarized letter that was sent to all property owners within the City in December 2011. Q: Will this reduce my taxes? A: No. However, it will provide an additional, stable revenue source for the City whe n property tax revenues are declining due to falling home values. Q: Does this apply to both commercial and residential properties? A: Yes. There are tiered rate tables (see above) based on on-site building square footage for all improvements on a parcel of property. The tiered rates provide for a mor e fair payment system, which is based upon the need for fire service readiness for various sized st ructures within the City. Q: Why is a Public Hearing being held? A: The Public Hearing is an opportunity for property owners to voice their comments and opinions to the City Commission about the proposed Fire Assessment Fee. The Public Hearing for this proposed fee has been set for Tuesday, January 17, 2012, at 7 pm in City Ha ll, 100 NW 1st Avenue. You may also send your comments in writing to the Commission within 30 days of the dat e of the notice/letter that was mailed in December 2011. Q: Why does the letter that was mailed in December 2011 mention a first Publi c Hearing and a final Public Hearing? A: The January 17th Public Hearing is planned to be the only Public Hearing. Howe ver, if the Commission decides to defer a decision and/or obtain additional public comment , another Public Hearing could be scheduled. After public comments have been heard and the P ublic Hearing is closed, the City Commission will make a decision regarding implementing the proposed Fire Assessment Fee. Q: When do I have to pay this? A: If the City Commission adopts the fee, owners will receive a bill in the mail for the Fiscal Year 2011/2012 (current year). The fee will then be included on your property tax bill that is provided by the Palm Beach County Tax Collector beginning in the Fall of 2012. Q: Why has the City not advertised or notified the public of this issue previ ously? A: The City has made multiple efforts to notify the public of this propose d fee. The proposed Fire Assessment Fee was discussed at various City Commissions meetings and workshops and was included in the September 2011 News for Neighborhoods newsletter that i s provided in all utility (water) bills and posted on the City’s website. In addition, the Ci ty prepared press releases that were issued on September 2, 2011 and on December 9, 2011. These press releases were posted on the City’s website, sent out to all local media, Twitter followers and C ity E-mail subscribers. Further, the City included information about this propose d fee on the back of the January 2012 utility bill. A legal advertisement regarding the scheduled Publi c Hearing in accordance with state law was published on Monday, December 26, 2011 and Friday, January 6, 2012 in the Palm Beach Post. Q: Why is the letter written in “legalese” rather than in plain English? A: The letter, by state law, must meet various requirements. We apologize for any confusion that the letter has caused. The letter was sent out to all property owners a nd we included the contact phone number so the public could call and speak directly to staff about any concerns regarding the proposed fee. The City encourages everyone to read the letter and attend the Public Hearing or provide written comments to the City Commission. If you have any questions, contact the City’s P ublic Information Office at (561) 243-7190 or E-mail PIO@mydelraybeach.com . Tool for Checking Property Square Foot/Tax Bill The square footage used in the Fire Assessment calculation is a building square footage number (which may be less than the total square footage of improvements on a property ). Building square footage includes all areas under a roof with areas such as a covered porch (without AC) included at a reduced square footage amount. The square footage number available on the Property Appraiser’s website is a total square footage number which may be higher than the building square footage number used in the Fire Assessment calculation. To check the total square footage of all improvements on a parcel of property: • Go to the Palm Beach County Property Appraiser’s website at http://www.pbcgov.com/papa/ • Click on “Record Search” in the upper left hand corner • You can then search by “Owner” or “Address” or Parcel Id number (“P.C.N”) • Once you click on the property owner and/or address from the search result s, you will go to an individual screen for that property. Scroll down towards the middle of the pa ge and the property’s square footage is provided under “Property Informat ion” in the “Appraisals” section. • In addition, near the bottom of the page, you can click on the “Details” button in the Taxes section; this link provides a breakdown of a property tax bill (or if there is no information on this link, you can click over to the Tax Collector website on the link provided under the “Taxes” chart at the bottom of the page). A large portion of all annual tax bills for properties within the City of Delray Beach are p aid to other governmental agencies (i.e., Palm Beach County, Palm Beach County School Board, South Florida Water Management District, Palm Beach County Health Care District , etc.) than the City of Delray Beach. C C i i t t y y o o f f D D e e l l r r a a y y B B e e a a c c h h F F I I R R E E R R E E S S C C U U E E A A S S S S E E S S S S M M E E N N T T S S T T U U D D Y Y F F I I N N A A L L R R E E P P O O R R T T J J a a n n u u a a r r y y 4 4 ,, 2 2 0 0 1 1 2 2 S S p p e e c c i i a a l l i i s s t t s s i i n n G G o o v v e e r r n n m m e e n n t t a a l l E E c c o o n n o o m m i i c c s s 200 Business Park Circle,Suite 101 St.Augustine,FL 32095 (904)247 Burton & Associates 200 Business Park Circle, Suite 101 x St. Augustine, Florida 32095 x Phone (904) 247-0787 x Fax (904) 241-7708 E-mail: mburton@burtonandassociates.com January 4, 2012 Mr. David Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Fire Rescue Assessment Study – Final Report Dear Mr. Harden: Burton & Associates is pleased to presen t this Final Report of the Fire Rescue Assessment Study that we have performed for th e City. We appreciate the fine assistance provided by you and all of the members of City staff who participated in the analysis. If you have any questions, please do not he sitate to call me at (904) 247-0787. Very truly yours, Michael E. Burton President Enclosure FIRE RESCUE ASSESSMENT STUDY TABLE OF CONTENTS B URTON & A SSOCIATES i City of Delray Beach Specialists in Governmental Economic s Final Report - TABLE OF CONTENTS SECTION 1.INTRODUCTION ........................................................................................................... 1 1.1 O BJECTIVE AND S COPE ..................................................................................................................... 1 1.2 S TUDY P ROCEDURES ......................................................................................................................... 1 SECTION 2.CALCULATION OF THE ASSESSMENT .................................................................. 3 2.1 B ACKGROUND ................................................................................................................................... 3 2.2 A NALYSIS ......................................................................................................................................... 3 2.2.1 Cost of Service & R evenue Requirement ................................................................................ 3 2.2.2 Finding of Benefit ................................................................................................................. 13 2.2.3 Fire Service Cost & Revenue Requirement Allocation Based Upon Benefit Conferred ....... 14 2.2.4 Fire Rescue Assessmen t Rate Classes .................................................................................. 16 2.2.5 Assessment Rate Structure .................................................................................................... 19 2.3 R ESULTS ......................................................................................................................................... 20 2.3.1 Residential Fire Resc ue Assessment ..................................................................................... 20 2.3.2 Non-Residential Fire Rescue Assessment ............................................................................. 21 2.4 C ONCLUSIONS & R ECOMMENDATIONS ........................................................................................... 23 2.5 S URVEY OF O THER J URISDICTIONS ................................................................................................. 25 2.5.1 FY 2011 & FY 2012 Survey of Fire Rescue A ssessments ..................................................... 26 FIRE RESCUE ASSESSMENT STUDY 1. INTRODUCTION B URTON & A SSOCIATES 1 City of Delray Beach Specialists in Governmental Economic s Final Report SECTION 1. INTRODUCTION This report presents the results of an analys is to develop a non-ad valorem Fire Rescue Assessment Program (Fire Rescue Assessments) to recover the cost of fire protection services from properties that benefit from these services provided by the City of Delray Beach (City). The term “fire protection serv ice” as used in this study refers to the twenty-four hours per day, seven days per week service for fire suppression provided by the City to properties locat ed within its limits. This study was conducted by Burton & Associates, a firm that specializes in providi ng rate and assessment consulting services to local governments. 1.1 OBJECTIVE AND SCOPE The objective of this study was to develop Fi re Rescue Assessments that would recover all or a portion of the annual cost requireme nt of providing fire protection service to properties within the City limits for FY 2012 and FY 2013. 1.2 STUDY PROCEDURES During this study we identified the full FY 2012 and FY 2013 cost components and revenue requirements (i.e. costs less offs etting revenues provided by other sources) for the provision of fire protecti on service that recognize the high level of service that has traditionally been provided. We accomplished this through interactive work sessions with City staff. During these work sessions, we performed a detailed allocation of a ll Fire Department costs and offsetting revenue s to Fire Rescue Service and Emergency Medical Service (EMS)1 . After isolating the Fire Rescue Service costs and offsetting revenues, we then calculated the recommende d Fire Rescue Assessments presented in this report that will recover a portion of th e revenue requirement for fire protection service for FY 2012 and FY 2013. 1 EMS costs cannot be included in a fire services assessment based upo n a Florida Supreme Court decision. FIRE RESCUE ASSESSMENT STUDY 1. INTRODUCTION B URTON & A SSOCIATES 2 City of Delray Beach Specialists in Governmental Economic s Final Report In order to initiate our analysis, we obtained the City’s historical and budgeted information for the Fire Department, including historical operating expenditures, the FY 2012 operating budget, and the capital improvement program. We then performed a line- item cost allocation to remove EMS costs in order to determine the cost components associated with providing fire protection serv ice that could be recovered by a Fire Rescue Assessment Program. These costs were then adjusted based upon cost escalation factors reviewed with City staff to identify the proj ected FY 2013 fire protec tion service costs. To determine the FY 2012 & FY 2013 revenu e requirements associ ated with providing fire protection service, we identified all costs associated with the provision of Fire Rescue Service and then deducted offsetting revenues from the full cost of service, such as revenues for service provided to the City of Gulf Stream and the City of Highland Beach. The fire protection service revenue requirement for FY 2012 was then apportioned to residential and non-residential properties based upon property data obtained from the Palm Beach County Property Appraiser’s Offi ce. Once the revenue requirement was apportioned between these property types, a Fire Rescue Assessment fee structure was developed for each property type, the results of which are presented herein. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 3 City of Delray Beach Specialists in Governmental Economic s Final Report SECTION 2. CALCULATION OF THE ASSESSMENT This section presents the basis for and the re sults of the calculation of the Fire Rescue Assessments designed to recover a portion of the cost of providi ng fire protection services in the City. 2.1 BACKGROUND The development of a non-ad valorem assessme nt for fire protection service requires that the service for which properties are to be char ged confer a special be nefit on that property burdened by the special fee. Simply stated, there must be a logica l relationship between the service provided and the benef it to real property assessed fo r the cost of this service. In order to satisfy this requi rement, the costs associated with providing the service must be reasonably apportioned to the properties th at receive a benefit from fire protection service in proportion to the be nefit received. Therefore, the recommended Fire Rescue Assessments calculated in this study were deve loped such that the costs of providing fire protection service will be r ecovered through assessments to properties in proportion to the benefit received by the avai lability of fire protection service to those properties. 2.2 ANALYSIS This section presents an overview of the analysis that was conducted to develop fair and equitable Fire Rescue Assessments that c onform to legal standards required for such types of assessments or fees. 2.2.1 COST OF SERVICE & REVENUE REQUIREMENT In order to develop the Fire Rescue Assessm ents, it was first necessary to determine the cost of providing fire protection services to al l properties located with in the City limits. As such, Burton & Associates conducted severa l interactive work sessi ons with City staff during which we accomplished a line-item allocati on of all Fire Department costs to Fire FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 4 City of Delray Beach Specialists in Governmental Economic s Final Report Rescue Service and to Emergency Medical Service (EMS)2 . This analysis determined how much of the total FY 2012 operating bud get (including personnel, operating, and minor capital expenses), debt service requirements, and capital improvement expenditures for the Fire Department was associ ated with Fire Rescue Service. The Fire Rescue Service costs were then escalat ed to FY 2013 based upon line-item cost escalation factors discussed with City staff. Once the FY 2012 and FY 2013 Fire Rescue Service costs were determined, all offsetti ng revenues received by the Fire Department (such as revenues from inter-local service ag reements, plan reviews, hazardous materials programs, etc.) were allocated to Fire Rescue Service and EMS, with the Fire Rescue Service portion of the revenues being deduc ted from the FY 2012 and FY 2013 cost of Service to determine the full amount of the Fi re Rescue Service revenue requirement that could be recovered via a non-ad valorem assessment program. The basis of the cost and offsetting revenue allocations described above is presented in the following sub sections. FY 2012 Operating Budget Allocation Personnel - The analysis of personnel costs wa s based upon the premise that in order to provide fire protection servi ce only, all personnel that are classified as firefighter/ paramedic/EMT would only need to be qualifie d as firefighters (the City hires personnel qualified as firefighter/paramedic/EMT in or der to provide efficiencies through cross training). Based upon discussions with Fire Department Management it was determined that 1) an estimated 90.3% of the workforce is qualified as firefighters/paramedics/EMTs, and 2) the average salary of a firefighter would be approximately 85.5% of the average salary of a firefighter/paramedic/EMT. As such, 14.5% of the cost for 90.3% of the personnel was allocated 100% to EMS Service, with the remaining personnel expenses being allocated to Fire Rescue Service, resu lting in an overall allo cation of all personnel costs of approximately 87% to Fire Rescue Service. 2 EMS costs cannot be included in a fire services assessment based upo n a Florida Supreme Court decision. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 5 City of Delray Beach Specialists in Governmental Economic s Final Report Operating Expenses and Minor Capital – These costs were allocated to Fire Rescue Service and EMS by assigning all or portions of the costs to each service based upon interviews with Fire Department Management as to what the specific expense was fo r and which service it benefitted. Based upon this analysis, approximately 72% of these costs were allocated to Fire Rescue Service. The following schedule presents the detailed allocation of the FY 2012 operating budget. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 6 City of Delray Beach Specialists in Governmental Economic s Final Report FY 2012 Fire Department Operating Budget Allocation DivCodeItem # Description2012 Bgt FY 12 EMS $F Y 12 Fire $ Div 11FIRE ADMINISTRATION Div 11PS12-10REGULAR SALARIES/WAGES911,790 118,638 793,152 Div 11PS12-20HOLIDAY PAY440 57 383 Div 11PS12-30TERM. PAY/SICK & VACATION- - - Div 11PS14-10OVERTIME - - - Div 11PS15-45EDUCATION/CERTIFICATION17,640 2,295 15,345 Div 11PS15-50OTHER PAY- - - Div 11PS21-10EMPLOYER FICA66,920 8,707 58,213 Div 11PS22-10GENERAL EMPL. RETIREMEN T 44,850 5,836 39,014 Div 11PS22-20POLICE & FIRE RETIREMENT205,990 26,803 179,187 Div 11PS22-30ICMA CONTRIBUTION12,340 1,606 10,734 Div 11PS22-40RETIREE HEALTH TRUST3,450 449 3,001 Div 11PS23-10LIFE INSURANCE11,060 1,439 9,621 Div 11PS23-20DISABILITY INSURANCE3,740 487 3,253 Div 11PS23-30HEALTH INSURANCE100,120 13,027 87,093 Div 11PS24-10WORKERS COMPENSATION20,840 2,712 18,128 Div 11PS25-10UNEMPLOYMENT COMPENSA T 460 60 400 Div 11PS25-20EMPLOYEE ASSISTANCE PRO430 56 374 Div 11OMF31-20MEDICAL - - - Div 11OMF31-90OTHER PROFESSIONAL SERV I 20,200 - 20,200 Div 11OMF34-10JANITORIAL SERVICES8,640 - 8,640 Div 11OMF34-20PEST CONTROL SERVICES4,090 - 4,090 Div 11OMF34-40TEMPORARY SERVICES- - - Div 11OMF34-90OTHER CONTRACTUAL SERVI C 5,540 - 5,540 Div 11OMF40-10TRAVEL & TRAINING10,090 1,200 8,890 Div 11OMF41-10TELEPHONE EXPENSE4,030 - 4,030 Div 11OMF41-15PORTABLE PHONE/MDD7,140 - 7,140 Div 11OMF42-10POSTAGE4,500 - 4,500 Div 11OMF42-20EXPRESS CHARGE/MESSENG E 1,500 - 1,500 Div 11OMF43-10ELECTRICITY84,550 - 84,550 Div 11OMF43-20WATER & SEWER12,840 - 12,840 Div 11OMF43-25IRRIGATION WATER13,350 - 13,350 Div 11OMF43-30WASTE COLLECTION & DISP.6,150 - 6,150 Div 11OMF43-40GAS 11,000 - 11,000 Div 11OMF43-50STORMWATER ASSESSMENT 5,500 - 5,500 Div 11OMF44-30EQUIPMENT RENTAL/LEASES10,550 - 10,550 Div 11OMF44-40VEHICLE RENTAL/LEASES100 - 100 Div 11OMF44-45VEHICLE RENTAL- GARAGE19,710 - 19,710 Div 11OMF45-10GENERAL LIABILITY47,960 - 47,960 Div 11OMF45-90OTHER INSURANCE COSTS- - - Div 11OMF46-10BUILDING MAINTENANCE150,000 - 150,000 Div 11OMF46-20EQUIPMENT MAINTENANCE24,430 - 24,430 Div 11OMF46-30VEHICLE MAINT.- GARAGE13,300 - 13,300 Div 11OMF46-90OTHER REPAIR/MAINT. COSTS- - - Div 11OMF47-10PRINTING/BINDING SERVICES5,000 - 5,000 Div 11OMF48-20EMPLOYEE AWARDS1,500 - 1,500 Div 11OMF48-30REFRESHMENT/FOOD/MEETIN2,550 - 2,550 Div 11OMF49-10ADVERTISING- - - Div 11OMF49-90OTHER CURRENT CHARGES- - - Div 11OMF51-10STATIONERY/PAPER/FORMS2,430 - 2,430 Div 11OMF51-20OFFICE EQUIP. < $1,0003,000 - 3,000 Div 11OMF51-90OTHER OFFICE SUPPLIES13,870 - 13,870 Div 11OMV52-10FUEL/LUBE VEHICLES12,670 - 12,670 Div 11OMF52-18BUNKER GEAR4,270 - 4,270 Div 11OMF52-20GENERAL OPER. SUPPLIES4,750 - 4,750 Div 11OMF52-22UNIFORMS/LINEN SERVICES6,550 - 6,550 Div 11OMF52-25JANITORIAL SUPPLIES19,000 - 19,000 Div 11OMF52-27EQUIPMENT < $1,0009,700 - 9,700 Div 11OMF54-10BOOKS & PUBLICATIONS220 - 220 Div 11OMF54-15SUBSCRIPTIONS260 60 200 Div 11OMF54-20MEMBERSHIPS3,020 210 2,810 Div 11OMF54-30TRAINING/EDUCATION COSTS6,000 3,910 2,090 Div 11OMF54-35TUITION REIMBURSEMENT3,780 - 3,780 Div 11CO64-10OFFICE FURN./FIXTURES- - - Div 11CO64-11COMPUTER EQUIPMENT- - - Div 11CO64-90OTHER MACH./EQUIPMENT17,000 - 17,000 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 7 City of Delray Beach Specialists in Governmental Economic s Final Report FY 2012 Fire Department Operating Budget Allocation DivCodeItem # Description2012 Bgt FY 12 EMS $F Y 12 Fire $ Div 13 Div 13HIGHLAND BEACH - - Div 13PS12-10REGULAR SALARIES/WAGES1,594,960 207,529 1,387,431 Div 13PS12-20HOLIDAY PAY54,100 7,039 47,061 Div 13PS12-30TERM. PAY/SICK & VACATION13,600 1,770 11,830 Div 13PS14-10OVERTIME190,840 24,831 166,009 Div 13PS15-45EDUCATION/CERTIFICATION25,080 3,263 21,817 Div 13PS15-50OTHER PAY1,130 147 983 Div 13PS21-10EMPLOYER FICA135,390 17,616 117,774 Div 13PS22-20POLICE & FIRE RETIREMENT630,120 81,989 548,131 Div 13PS22-40RETIREE HEALTH TRUST34,760 4,523 30,237 Div 13PS23-10LIFE INSURANCE2,110 275 1,835 Div 13PS23-20DISABILITY INSURANCE6,520 848 5,672 Div 13PS23-30HEALTH INSURANCE183,640 23,894 159,746 Div 13PS24-10WORKERS COMPENSATION54,250 7,059 47,191 Div 13PS25-10UNEMPLOYMENT COMPENSA T 780 101 679 Div 13PS25-20EMPLOYEE ASSISTANCE PRO740 96 644 Div 13OMF34-20PEST CONTROL SERVICES200 - 200 Div 13OMF34-90OTHER CONTRACTUAL SERVI C 700 - 700 Div 13OMF40-10TRAVEL & TRAINING140 - 140 Div 13OMF41-10TELEPHONE EXPENSE1,610 - 1,610 Div 13OMF41-15PORTABLE PHONE/MDD- - - Div 13OMF43-40GAS 2,000 - 2,000 Div 13OMF46-10BUILDING MAINTENANCE8,900 - 8,900 Div 13OMF46-20EQUIPMENT MAINTENANCE11,490 8,530 2,960 Div 13OMF46-30VEHICLE MAINT.- GARAGE45,000 - 45,000 Div 13OMF51-20OFFICE EQUIP. < $1,000800 - 800 Div 13OMF51-90OTHER OFFICE SUPPLIES- - - Div 13OMV52-10FUEL/LUBE VEHICLES10,530 - 10,530 Div 13OMF52-18BUNKER GEAR9,680 - 9,680 Div 13OMF52-20GENERAL OPER. SUPPLIES22,290 20,340 1,950 Div 13OMF52-22UNIFORMS/LINEN SERVICES11,660 - 11,660 Div 13OMF52-25JANITORIAL SUPPLIES1,500 - 1,500 Div 13OMF52-27EQUIPMENT < $1,00010,250 7,800 2,450 Div 13OMF54-10BOOKS & PUBLICATIONS200 200 - Div 13OMF54-30TRAINING/EDUCATION COSTS10,000 10,050 (50) Div 13OMF54-35TUITION REIMBURSEMENT530 - 530 Div 13CO64-35PUMPS & HOSES3,280 - 3,280 Div 13CO64-90OTHER MACH./EQUIPMENT2,350 2,350 - FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 8 City of Delray Beach Specialists in Governmental Economic s Final Report FY 2012 Fire Department Operating Budget Allocation DivCodeItem # Description2012 Bgt FY 12 EMS $F Y 12 Fire $ Div 15FIRE FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 9 City of Delray Beach Specialists in Governmental Economic s Final Report FY 2012 Fire Department Operating Budget Allocation DivCodeItem # Description2012 Bgt FY 12 EMS $F Y 12 Fire $ Div 16EMERGENCY MANAGEMENT - - Div 16PS14-10OVERTIME6,500 846 5,654 Div 16PS21-10EMPLOYER FICA500 65 435 Div 16PS23-10LIFE INSURANCE- - - Div 16OMF40-10TRAVEL & TRAINING330 - 330 Div 16OMF48-30REFRESHMENT/FOOD/MEETIN900 - 900 Div 16OMF51-25COMPUTER SOFTWARE <$1,0 0 440 - 440 Div 16OMF51-90OTHER OFFICE SUPPLIES- - - Div 16OMF52-20GENERAL OPER. SUPPLIES5,630 - 5,630 Div 16OMF54-30TRAINING/EDUCATION COSTS900 - 900 Div 17FIRE SAFETY - - Div 17PS12-10REGULAR SALARIES/WAGES667,130 86,804 580,326 Div 17PS12-20HOLIDAY PAY860 112 748 Div 17PS12-30TERM. PAY/SICK & VACATION55,750 7,254 48,496 Div 17PS13-10PARTTIME21,580 2,808 18,772 Div 17PS14-10OVERTIME17,000 2,212 14,788 Div 17PS14-20REIMBURSABLE OVERTIME- - - Div 17PS15-45EDUCATION/CERTIFICATION27,600 3,591 24,009 Div 17PS15-50OTHER PAY930 121 809 Div 17PS21-10EMPLOYER FICA58,770 7,647 51,123 Div 17PS22-10GENERAL EMPL. RETIREMEN T 3,920 510 3,410 Div 17PS22-20POLICE & FIRE RETIREMENT156,350 20,344 136,006 Div 17PS22-30ICMA CONTRIBUTION3,260 424 2,836 Div 17PS22-40RETIREE HEALTH TRUST11,790 1,534 10,256 Div 17PS23-10LIFE INSURANCE800 104 696 Div 17PS23-20DISABILITY INSURANCE2,730 355 2,375 Div 17PS23-30HEALTH INSURANCE66,760 8,687 58,073 Div 17PS24-10WORKERS COMPENSATION22,780 2,964 19,816 Div 17PS25-10UNEMPLOYMENT COMPENSA T 320 42 278 Div 17PS25-20EMPLOYEE ASSISTANCE PRO260 34 226 Div 17OMF34-70PHOTO/MICROFILM SERVICES- - - Div 17OMF40-10TRAVEL & TRAINING3,560 - 3,560 Div 17OMF41-10TELEPHONE EXPENSE2,170 - 2,170 Div 17OMF41-15PORTABLE PHONE/MDD6,010 - 6,010 Div 17OMF44-30EQUIPMENT RENTAL/LEASES3,430 - 3,430 Div 17OMF44-45VEHICLE RENTAL- GARAGE18,420 - 18,420 Div 17OMF45-10GENERAL LIABILITY26,890 - 26,890 Div 17OMF46-20EQUIPMENT MAINTENANCE200 - 200 Div 17OMF46-30VEHICLE MAINT.- GARAGE13,000 - 13,000 Div 17OMF46-90OTHER REPAIR/MAINT. COSTS1,200 - 1,200 Div 17OMF47-10PRINTING/BINDING SERVICES550 - 550 Div 17OMF48-30REFRESHMENT/FOOD/MEETIN- - - Div 17OMF48-90OTHER PROMOTIONAL ACTIVI T - - - Div 17OMF51-10STATIONERY/PAPER/FORMS500 - 500 Div 17OMF51-20OFFICE EQUIP. < $1,000700 - 700 Div 17OMF51-90OTHER OFFICE SUPPLIES2,000 - 2,000 Div 17OMV52-10FUEL/LUBE VEHICLES13,000 - 13,000 Div 17OMF52-18BUNKER GEAR3,450 - 3,450 Div 17OMF52-20GENERAL OPER. SUPPLIES900 - 900 Div 17OMF52-22UNIFORMS/LINEN SERVICES3,800 - 3,800 Div 17OMF52-27EQUIPMENT < $1,000400 - 400 Div 17OMF54-10BOOKS & PUBLICATIONS1,380 - 1,380 Div 17OMF54-20MEMBERSHIPS1,050 - 1,050 Div 17OMF54-30 TRAINING/EDUCATION COSTS3,090 - 3,090 Div 17OMF54-35TUITION REIMBURSEMENT1,920 - 1,920 Div 17CO64-10 OFFICE FURN./FIXTURES- - - PS19,217,140 2,500,452 16,716,688 OMF2,707,260 744,460 1,962,800 OMV180,340 91,800 88,540 CO 157,550 8,830 148,720 22,262,290 3,345,542 18,916,748 15.0%85.0% FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 10 City of Delray Beach Specialists in Governmental Economic s Final Report FY 2012 Debt Service Allocation City staff identified two outstanding borrowings that were issued for the Fire Department (Series 2002 General Obligation Bonds and th e Series 2007 Utility Tax Bond). Based upon discussions with City staff, the annua l principal and intere st (debt service) requirements for each of these borrowings was allocated to Fire Rescue Service and EMS based upon the overall allocation of the total operating budget, as the facilities funded from these financings are being used proporti onately as part of th e annual provision of service for each of these functions. As su ch, approximately 85% of the annual debt service was allocated to Fire Rescue Serv ice and 15% to EMS. The schedule below presents a five-year summary of th e annual debt service allocations. Capital Improvement Program (CIP) Allocation Each project of the multi-year CIP was allocated to Fire Rescue Service and EMS based upon discussions with Fire Department Mana gement reflecting the specific nature and function of each project. The schedule on th e following page presents the allocation of each project within the five-year CIP. In summary, approximately 82% of the five-year CIP is associated with Fire Rescue Service and 18% is associated with EMS. Fire Department Debt Service Allocation FinancingEMS %F i r e %F Y 2012FY 2013FY 2014FY 2015FY 2016 Series 2002 GO Bonds15%85%526,301 524,961 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 11 City of Delray Beach Specialists in Governmental Economic s Final Report Offsetting Revenue Allocation Each of the various revenues collected by th e Fire Department was allocated to Fire Rescue Service and EMS based upon discussi ons with Fire Department Management reflecting the specific service or services provided for which the revenue was received. The schedule on the following page presents the allocation of the FY 2012 budget amount for each individual revenue type. Fire Department Capital Improvement Program DescriptionEMS %F i r e %F Y 2012FY 2013FY 2014FY 2015FY 2016 Fire Dept FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 12 City of Delray Beach Specialists in Governmental Economic s Final Report Summary - The identified costs less the offs etting revenue allocated to Fire Rescue Service as discussed in the previous sub sections formed the basis for the revenue requirement for the proposed Fire Rescue Assessments. Although th e total net costs or revenue requirement associated with Fire Rescue Service for FY 2012 that could be recovered with the non-ad valorem asse ssment was determined to be $16,658,991, City Management determined that a lower amount would be appropriate to keep the City’s Fire Rescue Assessment in line with nei ghboring communities. As such, the lower amount that is included in the FY 2012 re venue requirement for the assessments developed herein is $3,423,826, with the remaini ng costs continuing to be funded by the City’s General Fund. The sche dule on the following page pres ents a summary of the FY 2012 and FY 2013 Fire Rescue Service cost of service, offsetting revenues, and annual assessment revenue requirements. FY 2012 Fire Department Offsetting Revenue Budget Allocation Description2012 BgtEMS %Fire %E M S $F i r e $ ST REIMB/FIRE INCENTIVE60,100 $15.0%85%9,032 $51,068 COLLECTION AGENCY15,000 $100.0%0%15,000 $ FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 13 City of Delray Beach Specialists in Governmental Economic s Final Report 2.2.2 FINDING OF BENEFIT It is our determination that the City’s fire protection services, f acilities, and programs provide a special benefit to property because fire protection services possess a logical relationship to the use and enjoyment of im proved property by: (1) protecting the value and integrity of the improvements and structures through the provision of available fire services; (2) protecting the life and safety of intended occupants in the use and enjoyment of property; (3) loweri ng the cost of fire insurance by the presence of a professional and comprehensive fire program within the City ; and (4) containing the spread of fire incidents occurring on vacant property with the potential to spread and endanger the structures and occupant s of improved property. FIRE RESCUE SERVICE REVENUE REQUIREMENTS COST OF SERVICE FY 2012FY 2013 PERSONNEL SERVICES16,716,68817,406,378 VARIABLE O&M 88,54097,394 FIXED O&M 1,962,8002,018,901 CAPITAL OUTLAY 148,720152,438 CIP 174,240365,585 EXISTING DEBT 738,484737,158 TOTAL COST OF SERVICE19,829,472 20,777,854 LESS:OFFSETTING REVENUE3,170,4813,261,654 NET REVENUE REQUIREMENT16,658,991 17,516,200 REVENUE SOURCES FY 2012FY 2013 ASSESSMENT REVENUE (1)3,423,8263,321,111 GENERAL FUND CONTRIBUTION13,235,16514,195,089 TOTAL REVENUES16,658,991 17,516,200 VARIANCE (REVENUES to NET REVENUE REQUIREMENT) FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 14 City of Delray Beach Specialists in Governmental Economic s Final Report 2.2.3 FIRE SERVICE COST & REVE NUE REQUIREMENT ALLOCATION BASED UPON BENEFIT CONFERRED The total Fire Rescue Service costs were allocat ed to properties within the City in such a manner as to fairly apportion the costs ba sed upon the benefit received from fire protection service. It was determined that be nefit is conferred on pr operties in two ways; by the availability of fire protection servi ces (watch-standing bene fit) and the provision of calls for service to specific properties (servi ce benefit). Based upon this determination, the total Fire Rescue Service costs were allocated to watch-standing and service bene fit cost pools. Watch-stan ding benefit is the special benefit conferred upon all properties in the C ity by the protection from loss of use and economic loss of the buildings on the property that every developed property receives by virtue of the fact that the City stands read y with the facilities, equipment, and personnel to provide fire suppression service to all propert ies within the City limits. This benefit is conferred upon each developed parcel regardless of calls for service. Service benefit is the special benefit conferred upon property classe s that actually receive calls for service. This benefit is conferred upon property cla sses based upon actual calls for service made to each identified property class. This allocation was accomplished by estimating the marginal cost of making all calls for service (which includes fuel and a small portion of the maintenance expenses of the vehicles used to make the calls). Those cost s were allocated to the service benefit cost pool with the remainder of th e costs being allocat ed to the watch-st anding benefit cost pool. The marginal cost of calls for service comprises less than 1% of the fire service revenue requirement, resulting in over 99% of the revenue requirement being allocated to the watch-standing benefit cost pool. Because the service benefit cost pool is so small (less than 1% of the total Fire Rescue Serv ice cost pool) it was determined in consultation with City staff that the total cost appor tionment should be based upon the watch-standing apportionment as discussed in the following pa ragraph because the effects of allocating the service costs based upon calls for service would not have a material effect upon the apportionment of costs. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 15 City of Delray Beach Specialists in Governmental Economic s Final Report The portion of the Fire Rescue Service costs to be recovered in the assessments were then allocated to residential and non-residential pr operty classes based upon the percentage of developed building area contained in th e Palm Beach County Property Appraiser’s records for each parcel within the City limits of Delray Be ach. Parcels were determined to be residential or non-residential base d upon Department of Re venue (DOR) property use classifications. This allocation result s in approximately 77.6% of Fire Rescue Service costs being allocated to residential properties and approximately 22.4% being allocated to non-residential properties as is shown in the following table. ASSESSMENT REVENUE ANNUALIZED REV REQ.PER FAMS FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 16 City of Delray Beach Specialists in Governmental Economic s Final Report 2.2.4 FIRE RESCUE ASSESSMENT RATE CLASSES In order to accomplish the allocations desc ribed above, it was necessary to classify properties into Fire Rescue Assessment rate classes. After re viewing property data obtained from the Palm Beach County Property Appraiser’s Office it was determined that two rate classes should be established for the Fire Rescue Assessments, residential (R) and non-residential (NR). Each property was se parated into its specif ic rate class based upon the DOR property use classification codes as identified in the property data. The chart on the following pages shows the mappi ng of DOR property use codes into Fire Rescue Assessment rate classes. It is important to note that Public County Schools (DOR Code 8300) were not included in the calculation of the Fire Rescue Assessment as these properties are statutorily exempt from such assessments. In addition Religi ous, District, Forest/P ark/Recreation, County Government, Federal Government, and Muni cipal Government properties (DOR Codes 7100, 8000, 8200, 8600, 8800, and 8900) were not include d in the calculation of the Fire Rescue Assessment calculations as these prope rties are being exempted by the City. All other property classes, except those classifi ed as currently vacant or non-developable (such as rights-of-way, easements, etc.), are included in the assessment program. To the extent that the City determines to exclude cer tain property classes, the assessments for all other properties would not change; however, the assessment revenue that otherwise would have been recovered from the exclude d properties will need to be provided from the General Fund. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 17 City of Delray Beach Specialists in Governmental Economic s Final Report DOR CodeDOR DescriptionDOR CountSub Cat 0VACANT 521V 10VACANT TWNHS 370V 30VACANT ZLOT OL 4V 100SINGLE FAMILY 10,051SFR 101SFR FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 18 City of Delray Beach Specialists in Governmental Economic s Final Report DOR CodeDOR DescriptionDOR CountSub Cat 3300NIGHT CLUBS 7N R 3500TOURIST ATTRAC2NR 3800GOLF COURSE 16NR 3900MOTEL 23NR 4000VACANT INDUS 69V 4100LIGHT MFG 7N R 4400PACKING 1N R 4600FOOD PROCESS 2N R 4700MIN PROCESS 9N R 4800WAREH/DIST TERM150NR 4900OPEN STORAGE 1N R 4969COMMERCIAL CONDO1NR 4960CONDO COMM 529NR 6600ORCHARD GROVES 5N R 6900ORN/MISC AGRI 3N R 7100RELIGIOUS 113I 7200PRV SCHL/COLL 28I 7300PRV HOSPITAL 1I 7500ORPHNG/NON FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 19 City of Delray Beach Specialists in Governmental Economic s Final Report 2.2.5 ASSESSMENT RATE STRUCTURE Residential Parcels – Some fire assessment struct ures apportion equal fire rescue assessments to residential parcels, independent of the square feet of developed space on the parcel. However, judicial standards es tablished through case law have determined that a reasonable method for apportioning fire rescue benefits to resi dential properties is square feet of developed space. Also, the benefit conferred upon properties in the form of protection from loss of use of and economic loss of st ructures on the properties is generally proportional to the square feet of developed space on the parcel. Therefore, this report presents for consideration two options for apportionment of the assessments to residential properties as follows: 1) equal assessment for all residential parc els per dwelling unit, and 2) a tiered assessment stru cture for residential parcels per dwelling unit, whereby parcels with smaller amounts of developed space per dwelling unit will pay less than parcels with larger amounts of developed space per dwelling unit. The proposed structure is a tie red structure which recognizes that parcels with greater developed space receive a greater benefit than those with less develo ped space. In this structure the size of the tiers was determined by analysis of the frequency of occurrence of parcels with square feet of develo ped space per unit within five (5) tiers. Non-Residential Parcels – Fire rescue assessments are usually apportioned to non- residential parcels based upon the square feet of developed space on the parcel. However, in some instances, fire rescue assessments are apportioned based upon an assessment per square foot and the exact num ber of square feet of developed space on each non-residential parcel. Therefore, this re port presents for cons ideration two options for apportionment of the assessments to non-resi dential properties as fo llows: 1) applying an assessment per square foot to the exact num ber of square feet of developed space on each non-residential parcel, and 2) a tiere d assessment structure for non-residential parcels, whereby parcels with smaller am ounts of developed space will pay less than parcels with larger amounts of developed space. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 20 City of Delray Beach Specialists in Governmental Economic s Final Report 2.3 RESULTS This section presents the calcu lation of the proposed Fire Rescue Assessments. While the City has the option to adopt assessments at any level of cost re covery up to, but not exceeding, the full revenue requirement amount identified herein, City management has indicated that the level of cost recove ry included in the proposed Fire Rescue Assessments is the preferred amount in order for the assessments to be comparable to neighboring communities. As indi cate previously, the portion of the Fire Rescue Service revenue requirement not recovered in the Fi re Rescue Assessment will continue to be funded from the General Fund. 2.3.1 RESIDENTIAL FIRE RESCUE ASSESSMENT The calculated residential assessment rates (pre sented below) are projected to generate sufficient revenue under either of the two resi dential assessment stru ctures described in Section 2.2.5 to cover the al located portion of the Fire Rescue Service Assessment revenue requirement for the residential class. Tiered Rate Structure Block TopFrequencyERU#of Eq.UnitsRate 1,000,0003693.091,140263.00 $ 5,0009302.192,037186.00 $ 3,5005,2731.427,488121.00 $ 2,00012,2001.0012,20085.00 $ 1,20014,2140.618,67152.00 $ 32,98631,535 Uniform Rate Structure Number of Residential Units With Developed Space32,986 Charge per Dwelling Unit 85.00 $ Residential Fire Assessment Summary FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 21 City of Delray Beach Specialists in Governmental Economic s Final Report The distribution of residential pa rcels across the tiers in the prior table is presented in the graph below with the number of parcels on the vertical axis and the maximum of the size range in square feet of build ing area on the hor izontal axis: 2.3.2 NON-RESIDENTIAL FIRE RESCUE ASSESSMENT The calculated non-residential assessment ra tes (presented on the following page) are projected to generate sufficient revenue under either of the two non-residential assessment structures described in Section 2.2.5 to cover the allocated portion of the Fire Rescue Service Assessment revenue requi rement for the non-residential class. 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 1,2002,0003,5005,0001,000,000 FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 22 City of Delray Beach Specialists in Governmental Economic s Final Report The distribution of non-residentia l parcels across the tiers in the table above is presented in the graph below with the number of parcel s on the vertical axis and the maximum of the size range in square feet of building area on the horizontal axis: 0 100 200 300 400 500 600 700 800 Non FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 23 City of Delray Beach Specialists in Governmental Economic s Final Report 2.4 CONCLUSIONS & RECOMMENDATIONS The Fire Rescue Assessments presented here in will provide sufficient revenue to fund approximately $3,423,826 of the cost s of the Fire Rescue Serv ices portion of the Fire Department cost requirements. Our recommen dations regarding the specific residential and non-residential Fire Rescue Assessm ent rate structures are as follows: 1. Residential Fire Rescue Assessments a. Conclusion – The residential rates st ructure that apportions an equal assessment to each residential property or dwelling unit does not recognize the differential benefit received by parcels with smaller and larger amounts of developed square feet of sp ace per unit. The primary benefit is protection from the loss of use and value of the developed space on the parcel to each dwelling unit. Therefore, it is our conclusi on that the tiered approach provides a better matching of the burden of the assessment upon the dwelling units of each parcel and the benefit received by the units of each parcel to the availab ility of Fire Rescue Service provided by the City. b. Recommendation – Adopt the tiered residential assessment rates presented in the table below. Tiered Rate Structure Block TopFrequencyERU#of Eq.UnitsRate 1,000,0003693.091,140263.00 $ 5,0009302.192,037186.00 $ 3,5005,2731.427,488121.00 $ 2,00012,2001.0012,20085.00 $ 1,20014,2140.618,67152.00 $ 32,98631,535 Residential Fire Assessment Summary FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 24 City of Delray Beach Specialists in Governmental Economic s Final Report 2. Non-Residential Fire Rescue Assessments a. Conclusion – The non-residential a pportionment option relying upon the exact amount of square feet of developed space on each non-residential parcel increases the likelihood of potent ial challenges due to differences in the square feet of developed space in the Property Appraiser’s records and measurements that may be take n by property owners. Also, the differential benefit received by a parc el does not change materially for each additional square foot of devel oped space, but rather changes with order of magnitude differences in the amount of develop space. Therefore, it is our conclusion that the tiered approach provides a better matching of the burden of the assess ment upon the parcel and the benefit received by the dwelling un its on each parcel to the availability of Fire Rescue Service provided by the City. b. Recommendation – Adopt the tiered non-residential assessment rates presented in the table below. c. Tiered Rate Structure Block TopFrequencyECU#of UnitsRate 1,000,0007215.001,0803,552.00 $ 50,0001912.502382,960.00 $ 40,0002310.002302,368.00 $ 30,000437.503231,776.00 $ 20,000415.002051,184.00 $ 15,000703.75263888.00 $ 10,000482.50120592.00 $ 8,000912.00182474.00 $ 6,0001391.50209355.00 $ 4,0001141.00114237.00 $ 3,0002210.75166178.00 $ 2,0003050.50153118.00 $ 1,0001270.253259.00 $ 5007310.139531.00 $ 2,0443,407 Non FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 25 City of Delray Beach Specialists in Governmental Economic s Final Report 2.5 SURVEY OF OTHER JURISDICTIONS The schedule on the following page provides a graphical representation of the average fire assessment for a typical single-family re sidential dwelling in other jurisdictions for FY 2011 and FY 2012. It is important to note that this survey does not identify nor make adjustments for municipalities that have adopted a partial cost recovery fire assessment. Therefore, this survey is solely a comparative market analysis of adopted fire assessments and does not necessarily re flect the actual unit cost of providing fire protection services for a typical single-family dwelling unit located within the governmental boundaries of the entities surveyed. We ha ve identified on the survey where the City would be based upon the proposed residential Fire Rescue Assessment for a typical single-family home containe d herein for comparative purposes. FIRE RESCUE ASSESSMENT STUDY 2. CALCULATION OF THE ASSESSMENT B URTON & A SSOCIATES 26 City of Delray Beach Specialists in Governmental Economic s Final Report 2.5.1 FY 2011 & FY 2012 SURVEY OF FI RE RESCUE ASSESSMENTS 020406080100120140160180200 Boca Raton Boynton Beach Pompano Beach Coral Springs Fort Lauderdale Deerfield Beach Hollywood Boca RatonBoynton BeachPompano BeachCoral SpringsFort LauderdaleDeerfield BeachHollywood FY 2012 Fee 8088111128.77135143189 FY 2011 Fee 6068111114.84135143159 FY 2011 &2012 Fire Assessment Fee Comparison Survey Delray Beach Proposed Average Resi dential Assessment January 6, 2012 Mr. Richard Reade, City Manager JAN j '� tt1 �l 100 NW i sc Avenue Delray Beach, FL 33444 -2612 CITY MANAGER In re: Non -ad- valorem assessment for Delray Beach Dear Mr. Reade: I have received your letter informing me that I may be subjected to a non -ad- valorem assessment authorized by 170.201, Florida Statutes, for fiscal year 2011/2012. Further, you state that, if the non ad- valorem assessment imposed for fiscal 2011/2012, and thereafter, with the use of the tax bill collection method authorized by section 197.3632, Florida Statutes is not paid, a tax certificate will be issued against the property which may result in a loss_ o_ f title. (Underline added). I am extremely concerned that this new method of arbitrary taxation will continue and become open -ended to the degree that I will be forced from my home due to rising tax costs. You explain in your letter that the windfall. "fire rescue services" are the beneficiaries of this Vi"hat about the firemen, the policemen, the water department, et. al., and maybe all the city employees - you included? Will I be taxed additionally for their services in future assessments? I vehemently object to the assessment of the non -ad- valorem tax and will attend the January 17, 2012, meeting at 100 NW I" Avenue, Delray Beach, FL at 7:00 p.m. in the City Commission Chambers to express my opposition to this arbitrary new tax. Respectfully, F� 1 Metroplex, Inc. Professional Real Estate Services 200 East Randolph Street, Suite 2100•Chicago, IL 60601-6432•Direct: 312/726-5600•Fax: 312/345-3260 Sent via email (reade@mydelraybeach.com and by Facsimile - 561-243-7199) January 6, 2012 City Commission of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Re: January 17, 2012 Non Ad-Valorem Assessment Public Hearing Parcel No.: 12434629080010000; 600 Lindell Blvd., Delray Beach Gentlemen: We are the authorized Management Agent for the owners of the referenced parcel and received your December 9, 2011 notice relative to a non ad-valorem assessment that will be considered for approval by the City Commission subsequent to a public hearing to be held on January 17, 2012. It is our understanding that the proposed assessment is designed to fund the costs associated with fire rescue service within the City. While we and the owners of the referenced parcel would not argue that proper funding of services such as this are vital to the safety and pros perity of the community, we would argue that the methodology used to determine the amount s assessed should be modified to more appropriately apply the assessment to non-single family residential properties. The referenced parcel, Lake Delray Apartm ents, is a 404 unit low income, tax credit, senior housing rental apartment complex. Re nts for these units are regulated by tax credit regulations and limited by funding ava ilable from the local housing authorities. We have been unable to increas e rents in the past three year s due to the l ack of funding from the housing authorities. While the costs of operating and providing affordable senior housing in Delray Beach continue to rise, housing authority restrictions result in lower income to offset the operating cost in creases. In addition, the City of Delray Beach imposed a mandate for this property that required that we install emergency generators at a cost of approximately $450,000. To our knowledge, this mandate applied solely to this apartment complex a nd no other rental properties in Delray Beach experienced this unanticipated expenditure. If passed, this new assessment will result in an additional tax on this parcel of $21,008 fo r fiscal year 2012/2013 and combined with the other income/expenditures noted as well as other economic factors, the result is a tremendous financial burden to the property and its owners. F:\Real Estate Taxes\LDR019\Assessment Corres pondence\LDR Non Advalorem Assmt Objection 01.06.12.doc As previously stated, we are not arguing that additional funding is needed for a very important life service, but do argue that th e there should be at least one if not two additional assessment brackets for lower squa re footage and a lower per unit fee that would be more applicable to multi-family housing properties. This is especially appropriate to this property, in our opi nion, because the 404 apartment units are clustered together and the fire safety systems within the buildings are far more effe ctive than would be installed in a typical single family home. This obviously would translate to a much lower cost to pr otect this one 404 unit community than 404 individual single family homes. We therefore petition the Commission to revisit the methodology of assessing each property and ask that you include considerati on for the type of residential property before moving forward with any assessment. Thank you, Eleanor A. Hannagan Tax Administrator Metroplex, Inc. Agent for Owner, Delray Elderly Limited Partnership F:\Real Estate Taxes\LDR019\Assessment Corres pondence\LDR Non Advalorem Assmt Objection 01.06.12.doc FYI… Thank you. Have a great day! Richard J.Reade Sustainability Officer/Public Information Officer City of Delray Beach,Florida Tel:561.243.7009 Fax:561.243.7199 E 1 2 Sustainability Officer/Public Information Officer City of Delray Beach,Florida Tel:561.243.7009 Fax:561.243.7199 E 1 From: Dechicchio, Rosanne Sent: Tuesday, January 03, 2012 12:00 PM To: Nubin, Chevelle; Gaskins, Lanelda Cc: Reade, Richard; Smith, Douglas Subject: FW: Non ad-valorem tax assessment for fire rescue s ervice Please include this into public record comment s regarding the Fire Assessment Fee, thanks. Rosanne From: Gupta Shri-QSWI2147 [mailto:shri.gupta@motorolasolutions.com] Sent: Saturday, December 24, 2011 6:57 PM To: PIO@mydelraybeach.com Cc: SHOBHA GUPTA Subject: Non ad-valorem tax assessment for fire rescue service Dear madam/sir I have received notice for upcoming hearing for additional assessment of taxes on two townhomes that I own in the city.I am really surprised at this additional taxation and it does not seem to be fair on my properties.I am paying over 2 $3100 each on town homes with an area of only 1600 sq ft.This is a tremendous amount of tax on such small property.I acquired these properties in 2003 and the tax level on these properties is same today as in 2003.Since these properties are not homestead,the taxation is extremely high.City is losing taxes because of increase in homestead exemption.It is not fair that homeowners who are already paying high level of taxes should be further taxed to compensate for losses caused by homes that are homestead.I am totally against this increase in taxation.Please put this forward during forthcoming public hearing in January.Thanking you in advance. Shri Gupta Parcel numbers 12434628830000020/80 Dec 24,2011 1 2 Again,thank you for you note. Have a great day! Richard J.Reade Sustainability Officer/Public Information Officer City of Delray Beach,Florida Tel:561.243.7009 Fax:561.243.7199 E 1 Wynn, Kimberly From:Reade, Richard Sent:Wednesday, December 28, 2011 11:16 AM To:'Cyndi.Denig@lifespacecommunities.com' Cc:Agenda Coordinator Subject:FW: Proposed Fire Assessment Fee Attachments:20111227102359094.pdf Ms.Denig, Thank you for your E 2 The property referenced in the attached letter (per th e data from the property appraiser) is owned by Lifespace Communities, Inc. and has a multi-unit residential propert y use code of 620, which is "Life Care / HX". The property has 268 residential units and 570,764 sq. ft. of bu ilding area. As with other multi-unit residential properties, the sq. ft. was divided by the number of units to determine the appropriate tier of the residential fire assessment, (in this case the 2,130 sq. ft . per unit place it in the third tier of the residential assessment structure), whereby the fee ($121 per unit) was a pplied to the total units to determine the annual assessment of $32,428. Sincerely, Andy- On Tue, Dec 27, 2011 at 3:33 PM, Reade, Richard <reade@mydelraybeach.com > wrote: Mike, FYI…See below. Thank you. Have a great day! Richard J.Reade Sustainability Officer/Public Information Officer City of Delray Beach,Florida Tel:561.243.7009 Fax:561.243.7199 E 3 Mr. Reade, Upon reading the notice of public hearing for the propos ed non ad-valorem assessment I have a question about th e assessment amount for Harbour's Edge . The table shows a maximum assessm ent of $3,552 but in a subsequent paragraph the amount for Harbour's Edge is stated at $3 2,428. How is this amount derived and why is it so high? A copy of the letter is provided as an attachment. Thank you in advance for your prompt attention to this ma tter. Sincerely, Cyndi Denig Director of Financial Services Harbour's Edge 561.526.0128 Phone 561.243.0038 Fax e-mail: cyndi.denig@lifespacecommunities.com CONFIDENTIALITY NOTICE - The document accompanyi ng this message contains information belonging to the sender which is intended only for use of the indi vidual or entity named above. Information representing protected health information is subj ect to the sender's current policies and procedures governing its use and disclosure. Any unauthorized dissemi nation, distribution or copying of th is communication is strictly prohibited. If you are not the intended recipi ent, or if you have received this message in error please delete it from your system without copying or forwarding it and notify me immediately by re ply email or by calling LIFESPACE Communities, Inc. at 515-288.5805 . -- Andrew Burnham Senior Vice President Burton & Associates 200 Business Park Circle, Ste. 101 St. Augustine, FL 32095 Phone: (904) 247-0787 Fax: (904) 241-7708 Cell: (904) 631-5109 2 Again,thank you for you note. Have a great day! Richard J.Reade Sustainability Officer/Public Information Officer City of Delray Beach,Florida Tel:561.243.7009 Fax:561.243.7199 E 1 3 CITY OF DELRAY BEACH MEDIA RELEASE Notice of Public Hearing - Fire Assessment Fee Tuesday, January 17, 2012 December 9, 2011: The City Commission of the City of Delr ay Beach, Florida, will conduct a Public Hearing to consider implementing a Fire Assessment Fee for residential and commercial properties on Tuesday, January 17, 2012, in City Hall Commission Ch ambers, 100 NW 1st Avenue. Public Hearings, which allow for public comment, begin at 7:00 pm. The Fire Assessment Fee, if approved, will fund a portion of the City's essent ial fire protection services costs (i.e., personnel and operating). This fixed, annual non ad-valorem Asse ssment Fee would be similar to the fees charged by neighboring communities (i.e., Bo ca Raton, Boynton Beach, West Palm Beach, etc.) and would create a more fair and equitable cost sharing system among the City's residents and businesses. The total amount of revenue to be colle cted by the City of Delray Beach annually under the assessment program is estimated to be $3,339,734. The City Commission is expected to take action on this issue at their Regular Meeting on Tuesday, January 17th, 2012, following the requisite Public Hearing. If imposed, the Fire Assessment Fee will be billed directly via first class mail for Fiscal Year 2011/2012 and will appear on the Fiscal Year 2012/2013 tax bill and each year thereafter. Additional information on the Fire Assessment Fee Public Hearing, Ap portionment Method and Assessment Rates has been mailed to all property owners. The City encourages everyone to read the letter and attend the Public Hearing or provide written comments to the City Commission. If you have any questions, contact the City's Public Information Office at (561) 243-7190 or E-mail PIO@mydelraybeach.com . Contact: City of Delray Beach Public Information Office (561) 243-7190 PIO@mydelraybeach.com City Commission: Nelson S. "Woodie" McDuffie, Mayor Angeleta Gray, Vice-Mayor Thomas Carney, Deputy Vice-Mayor Adam Frankel, Commissioner Dr. Jay Alperin, Commissioner MyDelrayBeach.com Follow CityDelrayBeach on Twitter January 2,2012 Chevelle D.Nubin,CMC,City Clerk for the City of Delray Beach Office of the Clerk 100 NW 1 st Avenue Delray Beach,Florida 33444 Dear Ms.Nubin, I am writing to let you know that I am not in favor of the proposed non ad 1 Wynn, Kimberly From:Reade, Richard Sent:Tuesday, January 17, 2012 4:04 PM To:Agenda Coordinator Subject:FW: FW: Thank you. Have a great day! Richard J.Reade Sustainability Officer/Public Information Officer City of Delray Beach,Florida Tel:561.243.7009 Fax:561.243.7199 E 2 Sincerely, Andy- On Tue, Jan 17, 2012 at 3:08 PM, Reade, Richard <reade@mydelraybeach.com > wrote: Andy, Please see the E-mail below regarding the Delray Youth Vocational Charter School (aka – Delray Beach Youth Enrichment Development Center, Inc.). Apparently, this Charter Schoo l receives public funding and they do not pay any property taxes to the Cit y. However, they do pay the City’s stormwater non ad-valorem assessment, as well as the County’s Solid Waste Authority and the Lake Worth Drainage District). The question is: would they fall under the public school classification and be exempt from the proposed Fire Assessment Fee? Thank you. Have a great day! Richard J. Reade Sustainability Officer/Pub lic Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Fax: 561.243.7199 E-Mail: reade@mydelraybeach.com Web: www.mydelraybeach.com Follow CityDelrayBeach on Twitter Additional Information for Item 10.A. 3 3Please consider the environment before printing this email . http://www.epa.gov/watersense/ From: Knabb, Benjamin Sent: Thursday, January 12, 2012 3:04 PM To: Reade, Richard Cc: Nastasi, Debra Subject: FW: Thanks Richard. From: karen goranson [mailto:karengoranson@dyvcs.com] Sent: Thursday, January 12, 2012 2:56 PM To: cjoujou@hotmail.com ; Knabb, Benjamin; alankirschenbaum@seabreezewealthmanagement.com ; rgago@adt.com Cc: Marjorie Waldo Subject: Dear all, I have attached a Notice of Public Hearing from the City of Delr ay Beach regarding a change in assessments for our two units in the Congress Comm erce Center. FYI …….so you know our costs are going up…..and if you are interested in attending. Karen Additional Information for Item 10.A. 4 Karen M. Goranson Office Manager Delray Youth Vocational Charter School 601 N. Congress Ave. #110 Delray Beach, FL. 33445 561-266-2206 561-266-2208 FAX karengoranson@dyvcs.com -- Andrew Burnham Senior Vice President Burton & Associates 200 Business Park Circle, Ste. 101 St. Augustine, FL 32095 Phone: (904) 247-0787 Fax: (904) 241-7708 Cell: (904) 631-5109 Additional Information for Item 10.A. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:January 11, 2012 SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 ORDINANCE NO. 44 -11 ITEM BEFORE COMMISSION This ordinance is before Commission for second read ing to c onsider providing for revisions to the Charter of the City of Delray Beach by amending Art icle III, “Legislative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms”; Section 3.08, “Vacancies; Filling of Vacancies”; and Section 3.09, “Term Limits”; amend ing Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term fro m a two year term to a three year term and clarifying the applicability of such change; pr oviding for a referendum election to be held on Mar ch 13, 2012. BACKGROUND At the first reading on January 10, 2012, the Commi ssion passed a revised version of Ordinance No. 44-11 which provides that if a commissioner is appoint ed, the appointment will not extend beyond the maximum time that is currently allowed, which is a pproximately fourteen (14) months. RECOMMENDATION Commission discretion. ORDINANCE NO. 44-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, “LEGISLATIVE”, SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS”; SECTION 3.08, “VACANCIES; FILLING OF VACANCIES”; AND SECTION 3.09, “TERM LIMITS”; AMENDING ARTICLE V, “ELECTIONS”, SECTION 5.02, “TYPES OF ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM AND CLARIFYING THE APPLICABILITY OF SUCH CHANGE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 13, 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may b y ordinance submit a proposed amendment to the Charter to the electors of the muni cipality; and WHEREAS, the City Commission of the City of Delray Beach deems it advisable to amend the Charter of the City to provide: (i) that the terms of office for the Mayor and other City Commission Members be extended from two years to three years . NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article III, “Legislative”, Section 3.02, “Ci ty Commission; Composition, Eligibility, Election and Terms”, be amended to read as follows: Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBI LITY, ELECTION, AND TERMS. (A) Composition and Term . The City Commission shall be composed of five (5 ) Commissioners, one of whom shall be duly elected Ma yor. All of them shall be elected at large for a term of two (2) three (3) years in the manner provided in this Charter. (B) Staggered Terms . Two (2) Commissioners shall be elected in even -numbered years, and tw o (2) Commissioners shall be elected in odd numbere d years. The Mayor may be elected in an even or odd numbered year. Two (2) Commission seats with terms expiring in 2 013 shall be filled by election in 2013 and every three years th ereafter, and two (2) Commission seats with terms expiring in 2014 shall be filled by election in 201 4 and every three years thereafter. The Mayor’s term commencing in 2013 shall be filled by election in 2013 an d every three years thereafter. 2 ORD. NO. 44-11 (C) Length of Mayor’s Term . If a special or regular election is held to fill a vacancy in the office of Mayor, the duration of the Mayor’s term o f office will be for two (2) years commencing on the last Thursday in March p rior to the special election the remainder of the unexpired term . (D) Term as a Result of a Vacancy . In the event of vacancies, successors shall be a ppointed or elected in the manner provided in this Charter. Section 2. That Article III, “Legislative”, Section 3.08, “Va cancies; Filling of Vacancies”, Subsection (A), “Vacancy in Office of Commissi oner”, be amended to read as follows: Section 3.08. VACANCIES; FILLING OF VACANCIES. The office of a Commissioner, including the Mayor, shall become vacant upon the incumbent’s death, resignation, forfeiture, or remo val from office in any manner authorized by law. Any vacancy in the membership of the Commission, ot her than at the close of a regular term, shall be filled according to the following procedure. (A) Vacancy in Office of Commissioner . In the event of a vacancy other than in the offi ce of the Mayor, the remaining Commissioners, including t he Mayor, shall appoint, by a majority vote, a qualified person to fill the vacancy. (1) If the term of office in which the vacancy occurs e xpires on the last Thursday in Marc h following the next regular City election, the per son so appointed shall only serve until that date. (2) If the vacancy occurs sixty (60) or more days prece ding the date of the next regular City election, and if the term of office in which the vacancy o ccurs does not expire on the last Thursday in March following that election, the person so appointed shall serve until the last Thursday in Ma rch and the remainder of the unexpired term shall be filled at that election. (3) If the vacancy occurs less than sixty (60) days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve for the entire remai nder of the unexpired term. (1) If the vacancy occurs less than sixty (60) cale ndar days preceding the second Tuesday in March and the term of office expires on the last Thursday in March, following a regular City election, which will occur no later than the second Tuesday in March of the following year, the person so appoi nted shall serve the unexpired term of the office to which they are appointed. (2) If the vacancy occurs less than sixty (60) calendar days preceding the second Tuesday in March, of a regular City election year, and the term of office does not expire on the last Thursday in March of the followi ng year, the person so appointed shall serve until said last Thursday in March of th e following year and a special 3 ORD. NO. 44-11 election to fill the remainder of the unexpired ter m shall be held on the second Tuesday in March of that year. (3) If the vacancy occurs more than sixty (60) days pri or to the second Tuesday in March, of a year when there is no regular City e lection, the person so appointed shall serve until the last Thursday in March and th e remainder of the unexpired term shall be filled at a special election to be held on the second T uesday in March. (4) If the vacancy occurs more than sixty (60) days pri or to the second Tuesday in March, of a regular City election year and the t erm of office in which the vacancy occurs expires on the last Thursday in that March, the person so appointed shall serve until the last Thursday in March. (4 5 ) If a majority of the remaining Commissioners, inc luding the Mayor, are unable to agree, after two (2) regular meetings, up on the appointment of an individual to fill a vacancy., T t he Commission shall call a special election to fill the vacancy. The special election shall be held within sixty (60) calendar days of the second regular meeting. (B) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the date of the next regular City el ection, there will be an election to fill the Mayor's seat which wi ll be held at the time of the next regular City ele ction. If a vacancy occurs in the office of Mayor less than s ixty (60) calendar days preceding the date of the regular City election, the Mayor sh all be elected at a special election If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the second Tuesday in March, there will b e an election to fill the Mayor’s seat which will be held on the second Tuesday in Ma rch. If a vacancy occurs in the office of Mayor prior to but less than (60) calenda r days preceding the second Tuesday in March, the Mayor shall be elected at a s pecial election to be held on the second Tuesday in May. If a special election is hel d to fill the office of Mayor, those persons who previously qualified to run for the May or's seat and other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of Ordinances may run for the Mayor's seat to be filled at the specia l election. Notwithstanding anything to the contrary, the Mayor elected at the special e lection shall assume office after the first regular meeting after being elected. (2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. The reafter, the Vice-Mayor shall return to his or her former seat and complete the r emainder of his or her Commission term if any part thereof remains unexpir ed. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational 4 ORD. NO. 44-11 meeting shall serve until a new Mayor is seated and shall thereafter return to his or her seat. (3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission. The vacancy on the Commi ssion shall be filled in the manner set forth in this Charter except the Commiss ioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs six ty (60) days or more before the next election shall serve only until the last Thursday in March following the next regular C ity election . If a vacancy occurs on the Commission as a result of a vacancy in the o ffice of Mayor less than sixty (60) days before the next election, the Commission seat shall remain vacant, notwithstanding anything to the contrary within thi s Charter until after the assumption of office of the Mayor after the special election . (4) If the Vice-Mayor is unable or unwilling to s ucceed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the off ice of Mayor. If the Deputy Vice-Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remai ning Commissioners. If the Commission is unable to select a Mayor by the end o f the second regular meeting after the vacancy then a special election shall be held for th e election of the Mayor. (5) If a vacancy occurs in the office of Vice-May or, the Deputy Vice-Mayor shall automatically become Vice-Mayor and a new Deputy Vi ce-Mayor shall be selected by the Commission. If a vacancy occurs in the offic e of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. (C) Extraordinary Vacancies . In the event that all members of the Commission a re removed by death, disability, resignation or forfei ture of office, the Governor shall appoint a Commission, including a Mayor, with full Commission powers. The interim Commission shall then call a special election, as provided under this Cha rter, to fill the appointed offices. The special election shall be held not more than ninety (90) da ys after appointment of the interim Commissioners. Section 3. That Article III, “Legislative”, Section 3.09, “Te rm Limits”, be amended to read as follows: Section 3.09. TERM LIMITS. (A) Term Limit. Individual Commissioners, including the Mayor, sh all be prohibited from holding office for more than six (6) nine (9) consecutive years. The term “holding office” shall be defined as serving as Commissioner or Mayor. Th e term “consecutive years” shall not include any years served as a result of an appointment. Ef fective for those elected in March of the year 2003 and thereafter, a Commissioner or Mayor may co mplete the entire term to which they were elected, if a term limit is reached during an elect ed term. Effective for those Commissioners and Mayor, who voted on this Ordinance, they will only be allowed to serve a total of three (3) consecutive terms, which will include consecutive t erms already served prior to the adoption of this Ordinance. In the event a Commissioner, who voted on this Ordinance, is elected Mayor, then any 5 ORD. NO. 44-11 partial year term served as a Commissioner will not count toward the three consecutive term maximum. (B) One Year Hiatus. A person who has served the maximum amount of conse cutive time allowed by this Charter as a Commissioner or Mayor shall not assume office again until the last Thursday in March of the year following the expiration of his or her term of office. Section 4 . That Article V, “Elections”, Section 5.02, “Types of Elections”, be amended to read as follows: Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be cond ucted on a nonpartisan basis without regard for or designation of political party affiliation. (A) Date of Nonpartisan Election . Nonpartisan elections shall be held on the secon d Tuesday in March of each year in which a term of th e mayor or city commissioner expires (which, starting in 2013, will be every three years thereaf ter, for the mayor and commission seats 1 and 3; and 2014, and every three years thereafter, for commission s eats 2 and 4). (B) Ties . In case of a tie in the nonpartisan election, a second nonpartisan election shall be held. (C) Special Election . All other municipal elections that may be held b y authority of this Charter, or of any law, shall be known as special elections. Section 5 That this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 13, 2012, for the purpose of appro ving or disapproving this ordinance. If a majority of the electors voting upon such a questio n approve the amendment, then the amendment shall be in full force and effect and shall apply t o the election held on March 12, 2013 and all elections thereafter. If a majority of the elector s voting upon such question disapprove such amendment(s), then the amendment(s) shall be null a nd void. The question to be submitted to the electors at such election shall be substantially as follows : Question One CHARTER REVISION RELATING TO THE LENGTH OF TERMS AN D TERM LIMITS FOR THE COMMISSION MEMBERS AND MAYOR CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MA YOR) SERVE TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS. THE CHARTER AMENDMENT PROPOSES THREE-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS AS WELL AS CLARI FYING THE APPLICABILITY OF SUCH CHANGE AS PROVIDED IN ORDINAN CE NO. 44-11. IF PASSED THIS AMENDMENT SHALL APPLY TO THE COMMISSIONERS AND MAYOR ELECTED IN MARCH 2013 AND THEREAFTER. 6 ORD. NO. 44-11 SHOULD THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? _____YES (for approval) _____NO (against approval) Section 6. That upon approval of this ordinance by the electo rs as aforesaid, all ordinances or Charter provisions or parts of Charte r provisions in conflict shall be and the same are hereby repealed as of the effective date of this ordinance. Section 7 . That should any section or provision of this ordi nance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the vali dity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 8 . That this ordinance shall become effective upon i ts passage on second and final reading. The Charter Amendment shall take ef fect (and be applicable to the election) on March 12, 2013, if approved by a majority of the electors as pr ovided in Section 3 hereof. PASSED AND ADOPTED in regular session on second an d final reading on this the 17 th day of January, 2012. ______________________________________ M A Y O R ATTEST: ____________________________ City Clerk First Reading ______________ Second Reading _____________ MEMORANDUM TO:Mayor and City Commissioners FROM:R. BRIAN SHUTT, CITY ATTORNEY DATE:January 6, 2012 SUBJECT:AGENDA ITEM SP.1 - SPECIAL/WORKSHOP MEETING OF JANUARY 10, 2012 ORDINANCE NO. 44 -11 ITEM BEFORE COMMISSION Adoption of Ordinance 44-11 regarding a proposed charter amendment related to commission terms a nd the applicability of such changes. BACKGROUND Pursuant to the direction given by Commission, at its January 3, 2012 regular m eeting, I have prepared the following charter amendment related to increasi ng the length of a term of a Commissioner/Mayor from 2 years to 3 years and providing that no commissioner/mayor who votes on this ordinance shall be allowed to exceed 3 consecutive terms, which includes consecutive terms already s erved as of the date of the adoption of this ordinance. The proposed ordinance was also changed to provide that in the event a commissioner was appointed, the appointment would not extend beyond the maximum time that is currently allowed, which is approximately 14 mont hs. The charter ballot language was modified to provide that there were changes to clarify the chan ge in terms. This charter amendment would be placed on the ballot for the March 2012 election and, if passed, would be effective starting with the March 2013 election cycle. RECOMMENDATION Commission discretion. Page 1of 1 Coversheet 1/11/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5279&Meetin g ID=365 MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:December 9, 2011 SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETI NG OF JANUARY 3, 2012 ORDINANCE NO. 44 -11 ITEM BEFORE COMMISSION This ordinance is before Commission for second readi ng to consider an ordinance amending the Charter of the City of Delray Beach by amending Article III, “Legislative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms” and Section 3.09, “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term from a two (2) year term to a three (3) year term; providi ng for a referendum election to be held on March 13, 2012. BACKGROUND At the first reading on December 6, 2011, the Commission passed Ordinance No. 44-11. RECOMMENDATION Commission discretion. Page 1of 1 Coversheet 1/11/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5214&Meetin g ID=340 MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:November 29, 2011 SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETI NG OF DECEMBER 6, 2011 ORDINANCE NO. 44 -11 ITEM BEFORE COMMISSION Adoption of Ordinance 44-11 regarding a proposed charter amendment related to Commission terms. BACKGROUND Pursuant to the direction given by Commission, at its November 8, 2011 workshop meeting, I have prepared the following charter amendment related to increasing the length of a term of a Commissioner/Mayor from 2 years to 3 years and providing that no Commissioner/Mayor who votes on this ordinance shall be allowed to exceed 3 consecutive terms, which includes consecutive t erms already served as of the date of the adoption of this Ordinance. This charter amendment would be placed on the b allot for the March 2012 election and, if passed, would be effective starting with the March 2013 election cycle. RECOMMENDATION Commission discretion. Page 1of 1 Coversheet 12/9/2011 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5163&Meetin g ID=363 MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:January 4, 2012 SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JANUARY 17, 2012 ORDINANCE NO. 02 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for second read ing to consider an amendment to Chapter 96, “Fire Safety and Emergency Services”, by amending 96.16, “Certain Codes Adopted by Reference”, to comply with the State of Florida’s updated changes in the Fire Prevention Code Standards. BACKGROUND At the first reading on January 3, 2012, the Commis sion passed Ordinance No. 02-12. RECOMMENDATION Recommend approval of Ordinance No. 02-12 on second and final reading. ORDINANCE NO. 2-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES”, BY AMENDING 96.16, “CERTAIN CODES ADOPTED BY REFERENCE”, TO COMPLY WITH THE STATE OF FLORIDA’S UPDATED CHANGES IN THE FIRE PREVENTION CODE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission follows certain NFPA codes in relation to minimum fire safety standards and the Florida Fire Prevention Code; WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of Ordinances to reflect recent changes in the Fire Prevention Code Standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1 . That Section 96.16, “Certain Codes Adopted by Re ference” of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. (A) The City adopts by reference and incorporates into this Code as though fully set out herein, that certain code, as it may from time to t ime be amended, known as the Florida Fire Prevention Code, and the incorporated standards. (B) The City adopts by reference and incorporates i nto this Code, as though fully set out herein, those specific codes and standards, from th e Florida Fire Prevention Code. In addition to the codes adopted by the Florida Fire Prevention Code, the City of Delray Beach adopts National Fire Protection Association codes listed below and as they may be amended: NFPA 18 2006 Wetting Agents NFPA 170 2006 Fire Safety Symbols NFPA 326 2005 Safeguarding Tanks and Containers NFPA 408 2004 Aircraft Hand Portable Fire Extinguishers NFPA 423 2004 Construction and Protection of Aircraft Engine Test Facili ties 2 ORD. NO. 2-12 NFPA 496 2003 Purged and Pressurized Enclosures for Electrica l Equipment NFPA 502 2004 Road Tunnels, Bridges, and Limi ted Access Highways NFPA 720 2005 Household Carbon Monoxide Warning Equipment NFPA 780 2004 Installation of Lightning Protection Systems NFPA 820 2003 Fire Protection in Wastewater Treat ment and Collection Facilities NFPA 914 2001 Fire Protection in Historic Structures NFPA 1141 2003 Planned Building Groups NFPA 1962 2003 Care, Use and Service Testing of Fire Hose Incl uding Connections and Nozzles NFPA 1961 2002 Fire Hose The City hereby adopts the following amendments to the Fire Prevention Code of the National Fire Protection Association, N.F.P.A. Pamphlet No. 1, in cluded in the Florida Fire Prevention Code, adopted in this article: (1) Section 13.3.2 is amended to include the following lan guage: Approved automatic fire sprinkler systems as herei nafter defined shall be installed throughout hereinafter constructed buildings and st ructures or appropriate sections thereof: (a) The following buildings of an institutional or educational character; all hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, da y care centers caring for more than 12 clients under 1 year of age, adult congrega te living facilities, and all occupancies and uses of similar nature to those her ein stated, without regard to the type of construction or height of the building or structu re involved. (b) All new construction involving wood or partial wood frame buildings or structures which are 2 stories or more than 20 feet in height as measured from finish ground floor grade to the underside of the t opmost roof assembly. Single- family homes, duplexes and townhouses shall be exem pt from this requirement except as provided in section (d) below. For recon struction or rehabilitation of existing structures where the total area of the add itional/renovation included in the modification does not exceed 50 percent of the area of the building, the work shall be considered exempt from this requirement. 3 ORD. NO. 2-12 (c) All buildings or structures regardless of the t ype of construction which are 3 or more occupied stories or have three (3) or more uno ccupied stories as deemed required by the authority having jurisdiction (AHJ). Occupied story is defined by N.F.P.A. 101 the Life Safety Code as a story occ upied by people on a regular basis. Stories used exclusively for mechanical equ ipment rooms, elevator penthouse, and similar spaces are not occupiable stories. (d) All buildings or structures regardless of the t ype of construction which are in excess of 12,000 square feet per floor, or an aggre gate of 12,000 square feet if there is unprotected communication between floors or inter mediate spaces. (e) All portions or sections of buildings or struct ures which are below grade or which constitute the basement area of a building or structure regardless of square footage of floor area or type of constructio n. The automatic fire sprinkler systems herein referred to and the instal lation thereof which is required by this ordinance shall be as contained in and provided for with the applicable standard specified for this section unde r appendix A of this Fire Prevention Code. (2) Section 13.2.2.2 is amended to include the following l anguage: All hereafter constructed buildings and structures more than 3 stories in height or 36 feet in height or all buildings more than 2 stories in height and more than 30,000 square feet per floor level, shall be equipped with approv ed Class 1 standpipes to provide reasonable safety to persons and property. For purposes of this section, height is measured fr om finish ground floor grade to the underside of the topmost roof assembly. (3) Section 13.2.3 is amended to include the following lan guage: All systems, equipment, tanks, piping, devices, app liances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law, shall be maintained in operative condition at all times to provide the service for which installed. All fire sprinkler, standpipe, and fire pump system s shall be annually inspected, serviced, and maintained under a written service contract wit h service companies licensed by the State of Florida to provide such services and which possess a current occupational license for the City of Delray Beach providing for regular maintenance and testing of the systems in accordance with the applicable stand ards specified under Appendix A of this Fire Prevention Code and N.F.P.A. 13A, N.F.P.A. 14A and N.F.P.A. 25. 4 ORD. NO. 2-12 The service company performing the maintenance and tests shall forward a written report to the Fire-Rescue Department indicating the nature of any repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections and any other informa tion which may be required by the fire-rescue services department. In addition, a cop y of the service report must be maintained on the premises, and it shall be subject to inspection by the Fire-Rescue Department at anytime. (4) Section 13.3.1.7 is amended to include the following l anguage: Valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and othe r fixed water based fire suppression systems shall be supervised by an approved Central statio n signaling service. (5) Section 13.7.1.1 is amended to include the following l anguage: Remote monitoring locations shall not be permitted to verify fire alarm signals prior to reporting them to the Fire-Rescue Department. Section 2. That should any section or provision of this ordin ance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such deci sion shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declare d to be invalid. Section 3. That all ordinances or parts of ordinances in conf lict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immedia tely upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ____ day of _______________, 2012. ___________________________________ MAYOR ATTEST: ___________________________ City Clerk First Reading________________ Second Reading______________ MEMORANDUM TO:Mayor and City Commissioners FROM:Danielle E. Connor, Fire-Rescue Chief THROUGH:David T. Harden, City Manager DATE:December 14, 2011 SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION M EETING OF JANUARY 3, 2012 ORDINANCE NO. 02 -12 ITEM BEFORE COMMISSION The City Commission is requested to approve a revision and update of various sections of Chapter 96 o f the City Code of Ordinances. BACKGROUND Revision and updating of the Florida Fire Prevention Code by the state takes place every three (3) years. Section 633.025 (4) of the Florida Statues identifies the procedure a municipality must fol low to amend the Florida Fire Prevention Code. This section states that local amendments sunset eve ry three (3) years and require re-adoption by the City Commission. Some previous local code amendments (i.e. NFPA 170 Fire Safety Symbols, NFPA 326 Safegua rding Tanks and Containers, NFPA 820 Fire Protection in Wastewater Treatment and Collection Facilities, etc.) have now been adopted by the State and included in the Florida Fire Prevention Code, thus no longer require local adoption as an amendment to the code. Other portions of the previously approved and locally adopted code (i.e. NFPA 18 Wetting Agents, NFPA 408 Aircraft Hand Portable Fire Extinguishers, NFPA 423 Construction and Protection of Aircraft Engine Test Facilit ies, etc.) were not adopted therefore require local adoption by the City as justified by our close proximity to the Boca Raton Executive Airport and mutual aid responsib ilities. The sprinkler language in Section (1), subsection (b) is the same as amended in May of 2011. Likewise, the verbiage in Section (1) subsection (c) remains the same as amended in June/July of 2011. All the remaining sprinkler language is the original verbiage used during ordinance adoption . RECOMMENDATION Recommend that the City Commission approve the revision and update of various sections of Chapter 96 of the City Code of Ordinances. Page 1of 1 Coversheet 1/4/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5222&Meetin g ID=340