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08-07-12 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION 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 Tuesday, August 7, 2012 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 Regular Meeting 6 :00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall 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 NW 1st Avenue Delray Beach, Florida 33444 The City will futnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243 -7000 program, or activity conducted by the City. Contact Doug Smith at 243 -7010, Fax: (561) 243 -3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. June 28, 2012 Workshop Meeting B. July 10, 2012 — Workshop Meeting C. July 17, 2012 — Regular Meeting D. July 20, 2012 — Special Meeting E. July 31, 2012 — Workshop Meeting 6. PROCLAMATIONS: A. Recognizing and commending Sergeant John Evans B. Recognizing and commending Tavarius "TJ" Jackson C. Florida Water Professionals Week — August 13 -17, 2012 7. PRESENTATIONS: A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation) B. Recognizing and commending Delray Beach Marketing Cooperative for their excellent work and contributions on the "Most Fun Small Town in America" Award 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL SUBDIVISION PLAT APPROVAL /VILLA SOBRE DEL MAR PLAT: Approve a proposed residential development containing five (5) townhouse lots and two (2) single - family lots being platted as Villas Sobre Del Mar located on the south side of S.E. 5th Street at its intersection with S.E. 7th Avenue lying west of the Intracoastal Waterway. B. SIXTH AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Sixth Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue pertaining to the site plan certification titneframes for Atlantic Plaza II. 08/07/2012 -2- C. RIGHT OF WAY DEED ACCEPTANCE /231 S.E. 3RD AVENUE: Accept a right -of -way deed for the dedication of 2' feet of alley right -of -way associated with improvements to the property located at 231 S.E. 3rd Avenue. D. APPROVE AN EASEMENT AGREEMENT WITH FLORIDA POWER & LIGHT (FPL) FOR LIFT STATION 10OA: Approve an easement agreement between the City and Florida Power & Light (FPL) required for the placement of a new switchgear cabinet and transformer to serve the Lift Station 100A Upgrade Project at Veterans Park. E. ACCEPTANCE OF A DRAINAGE EASEMENT DEED /SW DELRAY ONE, LLC /SAXENA WHITE LAW OFFICE: Approve and accept a 100 square foot Drainage Easement Deed from SW Delray One, LLC., for Saxena White Law Office located at 111 S.E. 1st Avenue. F. ACCEPTANCE OF A SANITARY SEWER EASEMENT DEED /HARBOURS EDGE: Accept a sanitary sewer easement deed with Lifespace Communities Inc. for installation of a sewer main at Harbours Edge, located at 401 East Linton Boulevard. G. HOLD HARMLESS AGREEMENT /290 EAST ATLANTIC, LLC.: Approve a Hold Harmless Agreement with 290 East Atlantic, LLC. for installation of a dumpster and enclosure in a public utility easement for Rack's Restaurant located at 5 S.E. 2nd Avenue. H. LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT: HARBOR PLAZA: Approve a landscape maintenance and hold harmless agreement associated with the Harbor Plaza project located at 1725 South Federal Highway. I. GRANT APPLICATION /SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM (WSIP) Provide authorization for submission of a grant application for a Water Savings Incentive Program (WSIP) grant from the South Florida Water Management District (SFWMD) in the amount of $50,000.00 for purchase and installation of automatic flushing devices. GRANT APPLICATION /ALTERNATIVE WATER SUPPLY GRANT /SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD . Provide authorization for submission of a grant application for a SFWMD Alternative Water Supply grant to provide supplemental funding for construction of Phase 1 of the Area 12A reclaimed water expansion project on the barmier island south of Atlantic Avenue. 08/07/2012 -3- K. INTERLOCAL AGREEMENT /SCHOOL BOARD OF PALM BEACH COUNTY: Approve an Interlocal Agreement with the School Board of Palm Beach County to share student information to further the goal to increase 3rd grade reading proficiency by 50% for low- income students attending schools located within the City's geographic boundaries. L. MEMORANDUM OF AGREEMENT /CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY: Approve a Memorandum of Agreement with Children's Services Council of Palm Beach County to share student information to further the goal to increase 3rd grade reading proficiency by 50% for low- income students attending schools located within die City's geographic boundaries. M. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, All Phase Roofing & Construction, for 135 S.W. 6th Avenue in the amount of $17,231.55. Funding is available from 118 - 1935 - 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). N. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation, for 102 S.W. 8th Street in the amount of $30,440.57. Funding is available from 118 - 1963- 554 -49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation). O. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, South Florida Construction Services, Inc., for 238 N.W. 14th Avenue in the amount of $35,630.41. Funding is available from 118- 1963- 554 -49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation). P. COMMUNITY DEVELOPMENT BLOCK GRANT / AMENDMENT TO FY 2010 -2011 CONSOLIDATED ANNUAL ACTION PLAN: Approve an amendment to the FY2010 -2011 Annual Action Plan to reallocate $307,244.00 in funding to Demolition, Economic Development and Housing Rehabilitation activities within the Community Development Block Grant (CDBG) target area. Q. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve an Agreement with the Florida Department of Financial Services in the amount $24,762.00 to accept the 2011 Domestic Preparedness Grant from the State Homeland Security Grant Program to sustain equipment and training for hazardous materials incidents and incidents involving weapons of mass destruction. R. RESCIND AGREEMENT PIGGYBACKED ON OAKLAND PARK WITH O'BRIEN RESPONSE MANAGEMENT, INC.: Approval to rescind an agreement with O'Brien's Response Management piggybacked on an Oakland Park agreement for debris monitoring services. 08/07/2012 -4- S. AGREEMENT /O'BRIEN RESPONSE MANAGEMENT, INC.: Approval of an agreement with O'Brien's Response Management for debris monitoring services, piggybacking the City of Plantation's agreement. T. RESCIND THE REQUEST FOR PROPOSAL (RFP) AND REISSUE: QN- SITE HEALTH AND WELLNESS CENTER: Rescind the original Request for Proposal (RFP) and authorize staff to issue a revised RFP for services related to the On- Site Health and Wellness Center. U. RESOLUTION NO. 36-12/GREEN IMPLEMENTATION ADVANCEMENT BOARD: Approve Resolution No. 36 -12 to amend Resolution No. 32 -09 and Resolution No. 15 -10 to reduce the number of board members on the Green Implementation Advancement Board. V. RESOLUTION NO. 37 -12: Approve Resolution No. 37 -12 supporting Palm Beach County's continued allocation of $12.50 funds from traffic violations to municipalities to cover municipal radio system expenses. W. CONSENT TO ASSIGNMENT: OLD SCHOOL SQUARE, INC. /DELRAY BEACH CENTER FOR THE ARTS, INC.: Approve consents to assignment for the lease and management agreements between the City and Old School Square, Inc. to reflect the name change to Delray Beach Center for the Arts, Inc. X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 17, 2012 through August 3, 2012. Y. AWARD OF BIDS AND CONTRACTS: Bid award to DAC Air Conditioning Corporation in the amount of $233,194.00 for the Police Department Shooting Range Ventilation Improvements. Funding is available from 334- 2111 -521 -64.90 (General Construction Fund: Machinery & Equipment; Other Machinery & Equipment). Purchase award from the Florida Sheriff s Association contract to Alan Jay Ford in the amount of $136,507.00 for one (1) replacement Water /Sewer Network Truck with TV Location equipment. Funding is available 501 - 3312 - 591 -64.25 (Garage Fund: Machinery /Equipment /Heavy Equipment). 3. Purchase award to Ag- Tronix in the amount of $49,890.29 for twelve (12) Irrinet M Station Computerized Irrigation Systems and two (2) ICC Computer System Laptops for Parks & Recreation. Funding is available from 119 -4151- 572- 64.90 (Beautification Trust Fund: Machinery /Equipment /Other Machinery /Equipment). 4. Purchase award to Municipal Equipment Company, LLC in the amount of $33,130.50 for fifteen (15) sets of replacement Firefighter Personnel Protective Equipment (Bunker Gear). Funding is available from 001 - 2313 - 522 -52.18 and 001- 2315 - 526 -52.18 (General Fund: Operating Supplies /Bunker Gear). 08/07/2012 5 - 9. REGULAR AGENDA: A. WAIVER REQUESTS/ 21 DROPS OFFICE BUILDING: Consider approval of requests for waivers to Land Development Regulations (LDR) Section 4.6.9(D)(4)(d), "Standard Isle Width ", which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking, and Land Development Regulations (LDR) Section 6.1.3(B)(1)(f), "Sidewalks ", which requires an 8 -foot sidewalk along S.E. Yd Street for 21 Drops Office Building located at 290 S.E. 6h Avenue. (Quasi-judicial Hearing) B. WAIVER REQUEST /ATLANTIC PLAZA II PLAT: Consider approval of a request for awaiver to Land Development Regulations (LDR) Section 2.4.4(E) (5) (a), "Abandonments, Final Plats, Variance ", to extend the time frame for recording the Atlantic Plaza II Plat by an additional nine (9) months. (Quasi-judicial Hearing) C. WAIVER REQUESTS /CHASE BANK: Consider a request for waivers to Land Development Regulations (LDR) Section 4.6.7 (E)(7), "Design Standards Matrix ", to allow three (3) flat wall signs to be placed on elevations that are not facing a dedicated street frontage and Land Development Regulations (LDR) Section 4.6.7(H)(6), "Nameplates ", to allow more than one nameplate on the building for Chase Bank located 5070 West Atlantic Avenue. (Quasi Judicial Hearing) D. CONTRACT CLOSEOUT /SPEARHEAD DEVELOPMENT GROUP, INC.: Consider approval of a contract closeout with Spearhead Development Group, Inc. due to failure to fulfill contractual obligations, failure to complete work and liquidated damages regarding the Community Improvement S.W. Area Sidewalk Phase II Project. E. RECONSIDERATION FOR A VOTE ON ORDINANCE NO. 19 -12: Consider a request for reconsideration of Ordinance No. 19 -12. F. 2012 BEACH RENOURISHMENT FILL EVENT PROJECT: Provide direction on the upcoming Beach Renourishment Fill Event Project. G. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a proposed schedule for the Commission review of the FY 2013 Budget. H. OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $762,500.00 in Patricia Miley v. City of Delray Beach. Staff recommends denial. I. APPOINTMENT TO WORKFORCE ALLIANCE. INC. BOARD OF DIRECTORS: Appoint an individual to serve as representation from the Delray Beach private sector to the Workforce Alliance Inc. Board of Directors. 08/07/2012 -6- APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint four (4) regular members to serve two (2) year terms ending August 31, 2014 to the Planning & Zoning Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). K. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint three (3) regular members to serve two (2) year terms ending August 31, 2014 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2). L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2014 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). M. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to a serve two (2) year term ending July 31, 2014 to the Public Art Advisory Board. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). N. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2014 to the Education Board. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). O. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to an unexpired term ending July 31, 2013 to the Financial Review Board. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). P. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint six (6) regular members to serve two (2) year terms ending July 31, 2014 to the Affordable Housing Advisory Committee. Based upon the rotation system, the appointments will be made by Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). Q. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members to serve two (2) year terns ending July 31, 2014 and two (2) alternate members to serve unexpired terms ending July 31, 2013 to the Nuisance Abatement Board. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). R. CITY ATTORNEY EVALUATION 08/07/2012 7- 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS /FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2012 -13: Consider approval of the CDBG Consolidated Annual Action Plan FY 2012 -13 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. C. ORDINANCE NO. 21 -12: Consider a privately - initiated amendment to the Land Development Regulations (LDR) to create Section 4.5.19, "Linton Development Overlay District", and amend Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental District Regulations ", to limit the Floor Area Ratio (FAR) to 0.36 for non - residential uses within the Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. D. ORDINANCE NO.22 -12: Consider a privately- initiated amendment to the Land Development Regulations (LDR) to create Section 4.5.20, "Waterford Overlay District", and amend Section 4.4.25, "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations ", to limit the non - residential Floor Area Ratio (FAR) to 1.32 and residential density to 12 units per acre within the Waterford Overlay District, located south of Linton Boulevard, east of I -95. E. ORDINANCE NO. 23 -12: Consider a city - initiated amendment to Land Development Regulations (LDR) Section 2.4.3(1)(1), "Development Applications ", Section 2.4.3(K)(3), "Permit Fees ", and Section 6.3.3, "Sidewalk Cafe', Subsection (A), "Permit and Fees ", to provide for an increase in certain development application and permit fees and increasing the permit fee assessed per square foot of approved sidewalk cafe space. 11. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public conunents and inquiries. B. From the Public. 08/07/2012 -8- 12. FIRST READINGS: A. ORDINANCE NO. 0112: Consider city - initiated amendments to the Land Development Regulations (LDR) regarding the duties, powers, and responsibilities of the Historic Preservation Board (HPB); procedures for obtaining a variance from the HPB; provision of required HPB review for properties listed on the Local Register of Historic Places within applicable zoning districts; clarification of procedures for historic designation; clarification of development standards for properties listed on the Local Register of Historic Places; creation of the "Local Register of Historic Places "; clarification of procedures for tax exemptions for historic properties; clarification of criteria for changes of historic designation and /or classification. If passed, a public hearing will be held on August 21, 2012. B. ORDINANCE NO. 24-12: Consider approval of a historic designation and individual listing on the Local Register of Historic Places for property located at 290 S.E. 6th Avenue. If passed, a public hearing will be scheduled on August 21, 2012. C. ORDINANCE NO. 25 -12: Consider an amendment to Chapter 53, "Sanitary Sewers ", and the City's Enforcement Response Plan, to comply with the Florida Administrative Code. If passed, a public hearing will be held on August 21, 2012. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUGUST 3, 2012 08/07/2012 -9- C. Background of the Firm: Provide a summary of the firm's background, including, but not limited to, the founding date; history; the names of principals and relationships with any parent, subsidiary, and /or affiliation of other firms; and the location of the closest servicing office. WORKSHOP MEETING JUNE 28, 2012 A 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, June 28, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Adam Frankel Also present were - Robert Barcinski, Acting City Manager Douglas E. Smith, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Public Works FY 2013 Budget Presentation Mr. Richard Hasko, Environmental Services Director, presented this item. He stated Stormwater Maintenance is out of Water /Sewer. He discussed the Public Works Organizational Chart, Building Maintenance /Street Lighting, Streets /Traffic, Fleet Maintenance, the Staffing Summary and Primary Functions. Mr. Hasko reviewed the organizational chart for the Parking Division and discussed parking facilities. He reiterated the Parking Division's primary functions and expense overview. He then discussed the overall Public Works Expense Overview, budget account highlights and the Parking Facility Program Revenue Comparison. Mr. Jacquet asked if we are paying some of the county garage expenses for the Library and if so, how much? Mr. Hasko replied that we pay $37,000- $40,000. Mr. Carney mentioned the contribution of the Community Redevelopment Agency (CPA) as it relates to the shuttle. He asked how this has been run. Mrs. Gray asked if we have more bus shelters coming on line and is this included in the $7,000. 2. Police Department FY 2013 Budget Presentation Police Chief Anthony Strianese presented this item. He discussed the mission of the Police Department (PD) and the number of employees. He gave an overview of the Police Department Organizational Charts: Chief's Office, Support Bureau and Operations Bureau (largest of the two). Chief Strianese highlighted the Department's accomplishments: Next Generation 911 System, OSSI (Public Safety Software), over 265,000 phone calls per year - average of 726 calls per day. He stated the department managed four (4) grants totaling over half a million dollars. In addition, he discussed the number of arrests made for FY 2010 -2011, K-9 Units, hours of security and stated SWAT was deployed 52 times since 2009. He mentioned the instruction for the Criminal Justice Academy (ACHS) and stated there have been 178 youth. Lastly, Chief Strianese discussed the Department's community involvement activities. Ms. Sharon L'Herrou, Administrative Manager, gave an overview regarding revenue and stated the Police Department has 27 different functions. She discussed the expenses, the requested FY 2012 -2013 Budget and actual overtime costs (Ms. L'Herrou stated the department has been bringing these costs down). Special events represent 34% of Police Department overtime costs. Chief Strianese presented the Operations Bureau staffing levels and discussed the number of officers in the DROP plan. He stated 80 % of the PD budget is personnel costs and there have been key changes in operating expenses. Assistant Chief Milenkovic stated the department has certain mandates from the State regarding certification /training. In addition, Chief Strianese referenced key changes in capital expenses from FY 2011 -2012 to FY 2012 -2013, breakdown of increases, reductions, and concessions. He mentioned the Police Department's innovative ideas, strategies (Phase I and Phase II) and stated they will try to create auxiliary programs. Mrs. Gray commented regarding the years of experience of the sworn officers and community patrol officers. She asked what type of experience the officers are coming to us with upon hire. Chief Strianese stated they come to us from the academy, out of college and have very little life experience. He reiterated that we target the best of the best. Mrs. Gray inquired about the reasons for the gap. Chief Milenkovic stated the Police Department hires in cycles. He stated we lost a lot of officers to the Sheriff's Office within a two (2) year period. Mr. Carney asked for an explanation regarding the amount listed under fringe benefits. The Chief and Ms. L'Herrou spoke regarding the actuary. Mr. Jacquet stated he loves the community involvement aspect and encouraged PD to continue to focus on this area. He stated he attended a Criminal Justice Academy ceremony; and one of the greatest things is to grown our own officers. He stated Delray Beach has the largest percentage of Haitians than any other city outside of Port -Au- Prince. He asked what we can do to reflect our population more. He asked about the requirements for the program. Ms. I :Herrou discussed the costs. Mr. Jacquet asked how much of the Part One Crimes are attributed to the transient population. Chief Milenkovic stated it is a high number. Mayor McDuffie mentioned PD recruiting. Chief Strianese described the process that applicants complete. Mayor McDuffie commended the Police Department and spoke regarding crime statistics stating crime has bottomed out in this community. Chief Strianese stated we have a lot of challenges for 15 square miles. Mayor McDuffie adjourned the Workshop Meeting at 7:59 p.m. City Clerk June 28, 2012 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, June 28, 2012, which Minutes were formally approved and adopted by the City Commission on August 7. 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. June 28, 2012 WORKSHOP MEETING JULY 10, 2012 A 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, July 10, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet 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 McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Discussion of a Smoke Free Workplace Mt. Bruce Koeser, Human Resources Director, discussed the cost regarding health expenses for tobacco users. Most employers are now putting the responsibility back on employees. Mr. Koeser stated some national companies have put smoking bans in place. There are some agencies that do not hire smokers and some local governments that have put policies into place. He stated our outside counsel has stated it is legal to institute policies regarding smoking for civil service employees, Department Heads and new lures. For unions, this would have to be negotiated. This cannot affect current employees only future hires. Mr. Koeser discussed what progress the city has made to date: smoking cessation classes and higher premiums. Mr. Jacquet asked if there is a way of calculating how much we spend or how much we could save with a policy. In addition, he asked if there is any company that has implemented this in a segmented way: different rules for in office and out of office. He mentioned the cessation classes. We imposed a 20% premium for smokers as of last year. The city pays for the classes. Mrs. Gray feels this is a form of discrimination and she is not support of this. Mr. Frankel stated this is an interesting issue and he enjoyed the memorandum. He stated it had a lot of good information. Mr. Frankel asked how much time people are taking during the work day to smoke and how does it affect productivity. Mayor McDuffie asked about Fire- Rescue and echoed Mr. Frankel's comments. He stated he is okay with the new hire proposal. Mr. Jacquet proposes that it only affects new hires and complimented Mr. Koeser on the memorandum. It was the consensus of the Commission to move forward with the proposal. Mrs. Gray stated she was not in support based on the discussion. 2. Economic Development Budget Presentation Mayor McDuffie read a letter into the record from Governor Rick Scott commending Delray Beach on creating jobs and culture, etc. Mr. Vin Nolan, Economic Development Director, stated his time is split between the Community Redevelopment Agency (CRA) and the City. He provided an update on the City and CRA Economic Development programs and progress as of June 2012. He highlighted the accomplishments for FY 2011 -2012. He proposed additional economic development initiatives for FY 2012 -2013. Mr. Nolan discussed current staffing and proposed CRA and City staffing. In addition, he spoke regarding the City's Economic Development Program Management, additional tools and support mechanisms. Mr. Nolan reviewed the FY 2012 -2013 City and CRA Economic Development Budget. Mr. Frankel thanked Mr. Nolan and asked if he could give examples of businesses brought to the city as a result of his efforts. Mrs. Gray thanked Mr. Nolan and stated she is excited we are moving forward with Economic Development. She mentioned national consultants and the ability to look at sites online. She commented regarding brochures and referenced the city's webpage. She stated a micro -loan program would be an excellent program to implement. Mrs. Gray mentioned providing incentives to businesses that remain in the city. Mr. Carney stated he was on the CRA Board when Mr. Nolan first came. He thinks the incentives are great and the micro -loan program as well. He congratulated Mr. Nolan on the work he does at the CRA. Mr. Jacquet stated he spoke quite a bit with Mr. Nolan regarding his vision and the work he is doing. He told Mr. Nolan to keep up the good work. Mayor McDuffie stated we need to support businesses when they need our help. He stated he supports the proposals. 3. Cornmuni1y Improvement FY 2013 Departmental Budget Presentation Mrs. Lula Butler, Community Improvement Director, presented this item. She introduced her staff members that were present. She discussed the Community Improvement Organizational Chart, major functions, staffing summary, expense overview, budget account highlights, revenue overview and the annual total revenue comparison. Mr. Frankel stated it never ceases to amaze lvm. The Community Improvement Department does a top notch, great job. He congratulated the Department Mrs. Gray how the Code Enforcement positions that are frozen affect us. Mrs. Butler stated one position was unfrozen. Mrs. Gray asked if we can have the CRA more involved regarding demolitions. Mr. Carney stated this was a very good presentation and he is fascinated by the increased revenues; he asked about the projects. Mr. Jacquet thanked Mrs. Butler for the presentation. 2 July 10, 2012 Mayor McDuffie thanked Mrs. Butler for the presentation. 4. Planning and Zoning FY 2013 Departmental Budget Presentation Mr. Paul Dorling presented this item. He provided an overview of the Planning and Zoning Department Organizational Chart, departmental activities, staffing summary, expense overview, budget account highlights, current trends and workload. Mr. Jacquet asked how we are progressing on the development plans for Osceola and South Federal Highway. Mr. Dorling stated the plans may have to be tweaked a little due to public input. However, they are imminent. In addition, Mr. Harden stated the reason it is taking a longer time is due to the number of staff and staff's workload. Mr. Jacquet asked if we have a policy regarding frozen positions and what the procedures are for deciding what positions to eliminate. Mr. Carney stated he is interested in the part of the presentation that talks about development applications and building permit reviews trending upward. He asked what kinds of projects are trending upwards. Mr. Dorling explained. Mrs. Gray asked about the permit review and turnaround time. Mr. Dorling stated the level of service has not changed regarding the core functions. Mr. Frankel stated he would like to see a graph regarding permits. Mr. Dorling stated it has slightly gone up but has been mostly flat. Mayor McDuffie thanked I'dr. Dorling for the presentation. 5. Revenue, Debt Service and Transfers FY 2013 Budget Presentations Mr. David Boyd presented this item. He showed graphs of trends in General Fund Revenues and transfers in FY 2004 through Proposed FY 2013, assessed valuation growth or decline (City, CRA and Downtown Development Authority (DDA) Trending), FY 2013 Revenue Budget - permits have increased over the last two (2) years. Mr. Harden commented regarding Communications Services Tax. He stated State law changes caused our taxes to drop $150,000, Mr. Boyd also discussed revenue changes by category: budgeted, Debt Service FY 2013, Debt Service by category, budgeted and additional information. He discussed transfers as well. Mrs. Gray asked about the Financial Review Board. In addition, she inquired about Community Development Block Grant (CDBG) dollars. Mayor McDuffie adjourned the Workshop Meeting at 8:05 p.m. City Clerk July 10, 2012 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, July 10, 2012, which Minutes were formally approved and adopted by the City Commission on August 7. 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. July 10, 2012 JULY 17, 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, July 17, 2012. 1. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was IDiven. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. After the first motion, the City Manager requested that Item 9.C., Contract Award/Foster Marine Contractors, Inc. be removed from the Agenda. Consequently, Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of July 5, 2012, seconded by Mr. Frankel. 07/17/12 Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. International Clown Week — August 1 -7, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of August 1 -7, 2012 as International Clown Week. Krackerjac Clown Alley of Boynton Beach came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 33 -12: Approve Resolution No. 33 -12 recognizing and commending Robert Johnson for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 33 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT JOHNSON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 33 -12 is on file in the City Clerk's office.) Mayor McDuffie read and presented Resolution No. 33 -12 to Robert Johnson for thirty years of dedicated service to the City of Delray Beach. Mr. Jacquet moved to approve Resolution No. 33 -12, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A WATER EASEMENT DEED /ABBEY DELRAY SOUTH: Approve and accept an exclusive water easement deed for a new fire hydrant at Abbey Delray South. 8.B. ACCEPTANCE OF A RECLAIMED WATER EASEMENT DEED/LANE SUBDIVISION: Approve and accept a reclaimed water easement deed for a new reclaimed water main at Lane Subdivision. 2 07/17/12 8.C. INDEPENDENT CONTRACTOR AGREEMENT/VINCENT MINTUS: Approve an Independent Contractor Agreement between the City and Vincent Mintus to conduct background investigations for prospective candidates for police officer and non -sworn police employment. Funding is available from 001 -2111- 521 -34.90 (General Fund: Other Contractual Services). S.D. TRAFFIC ENFORCEMENT AGREEMENT /SHERWOOD FOREST HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with the Sherwood Forest Homeowners Association to allow the City of Delray Beach Police Department to enforce State and local traffic laws on the private roads owned by the Association. 8.E. RESOLUTION NO. 34 -12: FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/MAINTENANCE MEMORANDUM OF AGREEMENT: Approve Resolution No. 34 -12 authorizing the Mayor to execute the Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) to provide for an overall uniform landscape maintenance agreement covering the areas under FDOT jurisdiction in the City of Delray Beach. The caption of Resolution No. 34 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR AN OVERALL AGREEMENT COVERING THE AREAS UNDER FDOT JURISDICTION IN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 34 -12 is on file in the City Clerk's office.) 8.F. RESCIND BID AWARD TO SIMPLY THE BEST CHARTER: Approval to rescind the bid award to Simply the Best Charter in the amount of $45,989.00 for bus rental and driver service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition and Overnight/Weekend Trips and proceed with re- advertising the project for bid. 3 07/17/12 8.G. SPECIAL EVENT REOUEST /9TH ANNUAL FAMMY FUN DAY AT POMPEY PARK: Approve a special event request for the 9 Annual Family Fun Day at Pompey Park, produced by the Parks and Recreation Department, to be held on August 18, 2012 from 8:00 a.m. to 11:00 p.m., with outside activities ending at 10:00 p.m.; and authorize staff support for security and traffic control, fire inspection, trash removal and clean up assistance, trash boxes, use of the large City stage, and preparation and installation of event signage. 8.11. SPECIAL EVENT REQUEST /ON THE AVE/ROOTS CULTURAL FESTIVAL FAMILY REUNION: Approve a special event request for On the Ave/Roots Cultural Festival Family Reunion scheduled for August 11, 2012 from 4:00 p.m. to 10:00 p.m; and authorize staff support for security, fire inspection, trash removal and clean up assistance, trash boxes, use of the large City stage, and preparation and installation of event signage. 8_I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 2, 2012 through July 13, 2012. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Florida Door Control in the amount of $17,060.00 for the Police Department's Access Control System. Funding is available from 001 - 2111 -521 -46.10 (General Fund: Repair & Maintenance Services/Building Maintenance). 2. Contract award to Intercounty Engineering, Inc. in the amount of $82,998.00 for Lift Station Rehabilitation of lift station #35. Funding is available from 442 - 5178 -536 -68.15 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Lift Station Rehabilitation). 3. Purchase award to Fluid Control Specialties, Inc. in the amount of $19,606.00 for the purchase and delivery of two replacement filter backwash valves for the City's Water Treatment Plant. Funding is available from 442 - 5178 -536 -64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 4. Purchase award to Emergency Vehicle Supply (EVS) in the amount of $131,321.40 for the installation of police lighting and equipment in fourteen (14) Police Department vehicles. Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery/ Equipment/ Automotive). 4 07/17/12 5. Purchase award to WW Sod & Equipment Company in the amount of $27,500.00 for the purchase of one (1) used Toro 3500D Rotary Mower Sidewinder and one (1) used Toro RM5510 Fairway Mower with Groomers and Canopy Top. Funding is available from 445- 4761 - 572 -64.90 (D B Municipal Golf Course: Machinery & Equipment: Other Machinery/Equipment). Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated out of 700 cities that were competing for this honor Rand McNally USA Today announced today that the City of Delray Beach has won the "Most Fun Small Town" in the USA. He thanked the Downtown Marketing Cooperative (DMC) and everyone who participated for making this happen. Mayor McDuffie commended Stephanie Immelman for doing a remarkable job and stepped out for the City of Delray Beach. 9. REGULAR AGENDA: 9.A. RESOLUTION NO. 31-12: Consider approval of Resolution No. 31 -12 to rename the S.W. 5th Avenue Plaza as The Elizabeth "Libby" Jackson Wesley Plaza. The caption of Resolution No. 31 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING ELIZABETH "LIBBY" WESLEY BY NAMING THE 5TH AVENUE PLAZA IN DELRAY BEACH, FLORIDA, "THE ELIZABETH "LIBBY" JACKSON WESLEY PLAZA," PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 31 -12 is on file in the City Clerk's office.) Lula Butler, Director of Community Improvement, read Resolution No. 31 -12 into the record renaming the 5h Avenue Plaza as The Elizabeth "Libby" Jackson Wesley Plaza. Mrs. Gray thanked the City of Delray Beach, CRA, and the City Commission because when she brought Ms. Wesley's name forward everyone concurred that recognizing her was a great idea. In addition, Mrs. Gray thanked her family and Ms. Hill as well. 07/17/12 At this point, Ms. Wesley's daughter spoke on her behalf. Mrs. Gray moved to approve Resolution No. 31 -12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. Mrs. Butler stated the CRA will do the official plaque and unveil at the plaza on August 11, 2012. Mrs. Gray stated this is the 35th year for the Roots Cultural Festival in that this weekend starting July 20th they will be having their youth basketball tournament at Pompey Park, Village Academy, and the Community Center. Also, Mrs. Gray stated on August 11, 2012 there will be a family reunion for the 35th year and will be held on Atlantic Avenue and S.W. 0' Avenue and August 3 -5, 2012 is the men's tournament. She encouraged everyone to come out and support the Roots Cultural Festival. 9.B. SETTLEMENT AGREEMENT AND CONSENT ORDER: CARON FOUNDATION OF FLORIDA, INC.: Consider approval of a proposed Settlement Agreement and Consent Order with Caron Foundation of Florida, Inc. The City Attorney stated the Caron Foundation filed a lawsuit against the City of Delray Beach claiming violations of the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) based on a denial of a reasonable accommodation request and the enactment of certain zoning ordinances. He stated a Federal Court granted a portion of that in May 2012. The City Attorney stated after that order staff met with Caron and had several discussions with them and the proposed settlement agreement before the Commission came out of those settlement discussions. The City Attorney stated the highlights of that settlement agreement is that basically Caron agrees to not own/operate any more than 2 homes in the City, while not required, Caron has agreed to pay the property taxes to the City (minus the school portion) which they will then take that amount and use that in conjunction with the City's Education Coordinator for educational programs in the City, Caron will also be allowed to relocate then second Ocean Drive home one time with the reasonable accommodation remaining in place, Caron agrees to have no more than 6 people in the second Ocean Drive property and 8 in the first Ocean Drive property, Caron would have no more than 4 vehicles in the driveway of either property for more than 12 hours continuously and the turnovers for the homes would comply with Ordinance No. 29 -09 which is what the Federal Court ruled that the City would need to comply with. The City Attorney noted that Mr. Mandel, the City's outside counsel is present if the Commission has any questions. Mr. Jacquet stated regarding the taxes that Caron has agreed to pay there is no time limit as to when they will stop paying those taxes. The City Attorney stated as long as Caron owns the property they would continue to pay the taxes and noted they are not required to pay the property taxes. Mr. Jacquet inquired about the amount. 6 07/17/12 The City Attorney stated in 2011 the properties were approximately $37,000 and $35,000 and if you subtract the school portion of that it would be $20,000/$25,000 for each property that would then be coming to the City. Mr. Carney stated he read and reread the judge's ruling and noted there was motion for the injunction which essentially the judge came back and said that there was a substantial likelihood that the plaintiff would prevail on the merits of its claim to the injunction as it would be imposed on them. Mr. Mandel stated the standard to grant a preliminary injunction is very high and it has to be "a substantial likelihood of success on the merits" and the court found that there is a substantial likelihood that Caron would prevail as to its intentional discrimination under the ADA (Americans with Disabilities Act) and the Fair Housing Amendments Act (FHAA). Mr. Mandel stated the injunction only related to the Caron Foundation. Mr. Carney asked if the standard higher than Caron would have had to meet in a regular trial. Brief discussion ensued between Mr. Mandel and Mr. Carney. Mrs. Gray asked how the ordinance the City has in place now relates to what Caron is willing to have no more than 6 people in the second Ocean Drive property. The City Attorney stated the ordinance the City has now provides that "no more than 3 unrelated people" and the 6 is above the 3. However, the City Attorney stated this settlement agreement only applies to the Caron Foundation and no one else. Mrs. Gray asked for an estimated amount of what is being spent on this case. The City Attorney stated to date for litigation the City spent approximately $55,000 and that will increase dramatically if the City continues on through the appellant process and then through a full blown trial. Mr. Frankel stated since 2009 he has tried to be the single strongest advocate in protecting our single family neighborhoods. He stated there is a lot of misinformation out there and feels it is important to clarify some things, and if it has not already been done, he feels the opinion needs to be posted on the City's website. Mr. Frankel thanked outside counsel and the City's inside counsel for doing a great job. Mr. Frankel stated he is against any business in a single family neighborhood and in 2009 he proposed having no more than 3 unrelated in any dwelling and unfortunately at that time his colleagues thought that was too stringent including many of our beach residents who lease out their homes were not interested. Mr. Frankel stated he is happy that in 2012 the City was able to pass the position he previously took. He stated since 2009 he has met with State and Federal representatives, worked with the Police Department about this area and it is very complex. Mr. Frankel stated according to Federal law a child born with spinal bifida is offered the same protections as someone in recovery for alcohol or drugs. Mr. Frankel read the opinion of Judge William P. Dimitrouleas of the U.S. District Court into the record (page 420 & 21). Mr. Frankel stated if this goes any further the City is looking at over $1 million in legal fees potentially and it is going to be worse than what is in the settlement agreement. Mr. Frankel stated while he is not happy about it, he believes the City has no choice but to approve the settlement agreement. 7 07/17/12 Mayor McDuffie stated the Commission was asked by the community to do something about this issue and our own legal team worked for a number of years and along with outside counsel the City worked for quite some time longer. He stated he asked the public how much more tax were they willing to spend to continue to try to eliminate this problem. Mayor McDuffie stated in conversation with outside counsel, our own legal counsel as the spear point of this effort in South Florida we have run into an immovable object. Mayor McDuffie stated a city of this size cannot stand for a loss of revenue of the magnitude that this could reach. He stated he believes the City has done their best to try to bring the stability to single family neighborhoods that Commissioner Frankel has talked about. Mayor McDuffie stated all of us would like to have pure single family neighborhoods whether we are the BPOA, Lake Ida, or someone else. He stated given the Americans with Disabilities Act (ADA), the Fair Housing Law (FHL), and everything else the City is running into it is impossible. He stated for the City to pursue this and throw more money at it is fiscally irresponsible and unconscionable. Mayor McDuffie stated he sees nothing to do but to agree with the settlement agreement. Mr. Carney stated he understands the frustrations that the Commission is having, that counsel is having, and that the citizens of Delray Beach are having. Mr. Carney stated the ordinance itself was found to be non - discriminatory. Mr. Carney stated he does not like the idea of settling when he knows that the Commission as a body adopted this ordinance and did not have any of the intents that are being imputed to them. Brief discussion ensued by the Commission. Mr. Mandel stated the City is only agreeing not to enforce certain things against Caron and Caron only; the ordnance still is in play for everyone else. Mr. Jacquet stated he is glad to know that this is only dealing with Caron. He suggested that the City start dialogue with our representatives in Washington and see if there is a change down the road that could take care of this for us and other municipalities that are dealing with similar situations. Mayor McDuffie stated he and Mike Malone went to Washington with several things to talk to the Congressional Delegation about (i.e. Beach Renourishment, Highway funding, etc.) but they had two huge issues they wanted to discuss and that were transient housing and pill mills. Mayor McDuffie stated it caught fire in Washington and Tallahassee and we now have some very strong efforts being put forth in Tallahassee with evidence down here that we got serious about dealing with prescription drug pill mills. Mayor McDuffie stated there is some legislation in the way of this that is huge. Mayor McDuffie encouraged the Commission to continue to make trips to Washington and reminded everyone of the election in November and that is where people need to speak. Mr. Frankel moved to approve the settlement agreement and Consent Order with Caron Foundation of Florida, Inc., seconded by Mrs. Gray. 8 07/17/12 Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, Mr. Harden stated Item 9.13. will take quite a bit of time and suggested that the Commission make their appointments first and come back to this item. 9.E. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2013 and two (2) regular members to serve two (2) year terms ending July 31, 2014 to the Financial Review Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mayor McDuffie stated he wished to appoint Brian Wood as a regular member to the Financial Review Board (FRB) to serve a two (2) year term ending July 31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Jacquet moved to reappoint Jeremy Office as a regular member to the Financial Review Board (FRB) to serve a two (2) year term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to reappoint Luise Piane as a regular member to the Financial Review Board (FRB) to serve an unexpired term ending July 31, 2013. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9_F. APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to serve a four (4) year term ending August 1, 2016 and one (1) alternate member to serve an unexpired term ending June 30, 2014 to the Public Employees Relations Commission. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Frankel moved to reappoint Edward Desmond as a regular member to the Public Employees Relations Commission (PERC) to serve a four (4) year term ending August 1, 2016, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney— Yes. Said motion passed with a 5 to 0 vote. 9 07/17/12 Mrs. Gray moved to appoint Yvonne Walker as an alternate member to the Public Employees Relations Commission (PERC) to serve an unexpired term ending June 30, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular members to serve two (2) year terms ending July 31, 2014 and one (1) regular member to serve an unexpired term ending July 31, 2013 to the Education Board. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Debra Kaiser as a regular member to the Education Board to serve a two (2) year term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to reappoint Angela Burns as a regular member to the Education Board to serve a two (2) year term ending July 31, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to reappoint as a regular member to the Education Board to serve a two (2) year term ending July 31, 2014. Mr. Frankel so moved, seconded by Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. Mr. Carney stated he would like to defer his appointment to the next regular meeting of August 7, 2012. Mr. Jacquet moved to appoint Shannon Schwartz as a regular member to the Education Board to serve a two (2) year term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Toni McMillan as a regular member to the Education Board to serve an unexpired term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10 07/17/12 9.H. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two (2) regular members to serve two (2) year terms ending July 31, 2014 to the Parking Management Advisory Board. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). Mrs. Gray moved to reappoint John Gergen as a regular member to serve on the Parking Management Advisory Board (PMAB) to serve a two (2) year term ending July 31, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to reappoint Alan Komblau as a regular member to the Parking Management Advisory Board (PMAB) to serve a two (2) year term ending July 31, 2014. Mrs. Gray so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9_I. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint six (6) regular members to serve two (2) year terms ending July 31, 2014 to the Police Advisory Board. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat 41) and Commissioner Jacquet (Seat #2). Mr. Jacquet stated he would like to defer his appointment to the next regular meeting of August 7, 2012. Mr. Frankel moved to appoint Wyana Claxton as a regular member to the Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to reappoint Edith Thompson as a regular member to the Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie moved to appoint Shelly Weil as a regular member to the Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014, Mr. Frankel so moved, seconded by Mrs. Gray. 11 07/17/12 Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mr. Carney moved to reappoint Robert Shell as a regular member to the Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Jacquet moved to appoint Aird Cajuste as a regular member to the Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint four (4) regular members to serve two (2) year terms ending July 31, 2014 to the Public Art Advisory Board. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). Mrs. Gray moved to reappoint Sandi Franciosa as a regular member to the Public Art Advisory Board (PAAB), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint as a regular member to the Public Art Advisory Board (PAAB) to serve a two (2) year term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray stated she would like to defer her appointment to the next regular meeting of August 7, 2012. Mayor McDuffie stated he wished to appoint Kevin Rouse as a regular member to the Public Art Advisory Board (PAAB) to serve a two (2) year term ending July 31, 2014. Mr. Frankel so moved, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 12 07/17/12 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS /FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. Mayor McDuffie declared the public hearing open regarding the fiscal year 2013 proposed budget. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated he does not feel it is right that there are 6,000 parcels in the city of people that do not pay any taxes at all. Mr. Blum stated he does not like the term "fire fee" and suggested that it should be "alternative minimum tax ". He stated he supports setting up a fee like last year's amount about $60 or $70 per household but a corresponding reduction in the millage rate for the people that are already paying for that service so they do not get hit twice. Mr. Blum stated it would bring everyone onto the tax rolls and urged the Commission to consider this for year's budget. 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 the problem with what Mr. Blum recommended is to arrive at the figure that is being proposed is an impossibility. He stated the 3,500 people that cannot pay the $65 again will not be able to pay the $65. Dr. Kirson stated the city will have to use the enterprise money or the reserves. There being no one else from the public who wished to speak on the fiscal year 2013 proposed budget, the public hearing was closed. 10.B. ORDINANCE NO. 19 -12: Consider a Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a vacant parcel located on the east side of S.W. 10th Avenue approximately 391 feet south of West Atlantic Avenue at 35 S.W. 10th Avenue. (Quasi - Judicial Hearing) The caption of Ordinance No. 19 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO CC (COMMERCIAL CORE), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE 13 07/17/12 PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19 -12 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 read the City of Delray Beach Quasi - Judicial Hearing rules into the record for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission stated they had no ex parte communications to disclose. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning project file #2012 -137 and #2012 -138 into the record. Mr. Hoggard stated the property is on the east side of S.W. 10'�' Avenue approximately 391 feet south of West Atlantic Avenue. Mr. Hoggard stated it is part of a larger parcel that is owned by the Community Redevelopment Agency (CRA). The property is being developed as a hotel that went up for RFP by the CRA and this parcel is currently zoned RM (Medium Density Residential) land use designation. Mr. Hoggard stated in order to use this for parking for the hotel it needs to have a land use plan amendment and an associated rezoning. He stated the Future Land Use Map change is from Medium Density Residential (MD) to Commercial Core (CC), and in terms of zoning it would go from RM (Multiple Family Residential) to CBD (Central Business District). Mr. Hoggard stated there are a number of findings that are required with this. The first ones are associated with LDR Section 3.1.1 (Required Findings) are Consistency, Concurrency, Compatibility, and Compliance. Mr. Hoggard stated also included in the staff report is the number of policies in the Comprehensive Plan that are related to Goal Area C which are the ones related to redevelopment in the city. He stated the Comprehensive Plan Future Land Element Policy A -1.7 requires that Future Land Use Plan amendments also meet these findings and that it be based on demonstrated need. 14 07/17/12 The applicant has submitted a statement based on the demonstrated need which is economic stimulus in the area to be created by development. Mr. Hoggard stated Future Land Use Element Objective A -1.1 is that the development is appropriate in terms of the physical considerations on the site and complimentary to the adjacent land uses and fulfills remaining land use needs. He stated it is compatible with the Southwest Neighborhood Redevelopment Plan (northwest quadrant) and it calls for a substantial redevelopment of the property north of S.W. 2nd Street to include a mix of residential and commercial uses. Mr. Hoggard stated the other standards are for rezoning actions Section 3.2.2 and Item D applies which states "That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed..." Also, Mr. Hoggard stated with regard to rezoning finding 2.4.5(D)(5) and noted there has been a change in circumstance which makes the current zoning inappropriate and that the requested zoning is of similar intensity allowed under the Future Land Use Map and more appropriate. He stated to do a hotel in this area would require the additional area for the parking. At its meeting of May 24, 2012, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval of the privately initiated FLUM amendment and rezoning. The development proposal is not within a geographical area requiring review by the Downtown Development Authority (DDA). At its meeting of June 18, 2012, the Planning and Zoning Board reviewed this item and recommended approval. Staff recommends approval of this ordinance. Jay Huebner, HSO Group, Inc., (agent for the applicant), stated they have a conceptual site plan that they have been working on in order to meet parking they need this parcel to do that. Mr. Hueber stated the adjacent use which is another parking lot to a church is nominal impact on them. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 19 -12, to please come forward at this time. There being no one from the public who wished to address the Commission regarding Ordinance No. 19 -12, the public hearing was closed. There was no cross - examination or rebuttal. Mrs. Gray inquired about the project. Mr. Huebner stated they are looking to move forward with the hotel and it is going to be a Marriott and this land use needs to go forward before the Commission spends a lot of money for consultants, etc. to develop plans. Mr. Carney moved to adopt Ordinance No. 19 -12 on Second and FINAL Reading. The motion failed for the lack of a second. 15 07/17/12 10.C. RESOLUTION NO. 32 -12: Consider approval of Resolution No. 32 -12 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2013 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. The caption of Resolution No. 32 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON - ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 32 -12 is on file in the City Clerk's office.) Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 32 -12, the public hearing was closed. The City Manager stated this is a non -ad valorem assessment for the same amount that it has been for the last several years $63.96 per Equivalent Residential Unit (ERU) per year. He stated there are certain discounts in the Lake Worth Drainage District (LWDD) and those properties serve by private system. Mr. Carney stated he sees the budget from fiscal year 2012/13; however, there is no comparison on the numbers from fiscal year 2011/12 to show if any savings were achieved. Mr. Carney stated he does not understand the financials because he does not see the prior year. The City Manager stated staff has made reductions in fuel and insurance costs. He stated this information is not part of the resolution. The City Manager stated this is a stand -alone fund and the only difference is what is not in operating goes into capital or project reserve. He stated there are some savings because the administrator of this retired and the new person will be at a somewhat lower salary. 16 07/17/12 The City Manager reiterated that the difference stays in the stormwater fund; in stormwater there are operating costs and capital costs so it would either go into other capital projects or to a project reserve for future capital projects. Mr. Frankel moved to approve Resolution No. 32 -12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:23 p.m., the Commission moved to Item 11, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated he went to an Inspector General (IG) meeting last week and they were amazed when he told them that with regard to the Regular Agenda for the City of Delray Beach the public is not allowed to speak. Mr. Blum stated the City Manager decides where the items go on the agenda and the public may not get to speak on a certain item depending on where it is placed. Mr. Blum stated other cities allow for people to speak and if it concerns the citizens of the city anybody is allowed to speak when an agenda item comes up. He stated they got back to him today and quoted the State Supreme Court of Florida has said that people should for the most part have a right to speak on any item on the agenda that pertains to them. Mr. Blum asked where does it state that the public is not allowed to speak on regular agenda items and if the Commission would consider allowing the public to speak on regular agenda items. 11.B.2. Charles Dortch, 112 S.E. 7th Avenue #2, Delray Beach, FL 33483, asked the Commission to get Delray Beach on the map but in a different venue. Mr. Dortch stated he is a teacher and volunteers for the North Broward /South Palm Beach MoveOn.org Council. He stated they are working on a constitutional amendment to overturn Citizens United. Mr. Dortch stated the Supreme Court voted 5 to 4 in favor of Citizens United and one of the remedies that they announced was that they would hope that Congress would pass a law that would have transparency. He stated he would like the City of Delray Beach to be one of the many cities in the United States that are now starting to get behind support for this "Move to Amend" issue. 11.111.3. Joni Albrecht, 803 N. Swinton Avenue, Delray Beach, FL 33444, stated everyone should have a vote whether they live on the beach, by the tracks, or near I -95. She is proud that Delray Beach supports recovery and noted that she is a Pediatrician who deals with both the kid with Spina Bifida and the teenager struggling with addiction. 17 07/17/12 Ms. Albrecht stated she wants our governments to be representative of the population and not show loyalties to whomever pays for their campaign or TV ads. She stated she sent the Commission copies of the resolution that was passed in June at the US Conference of Mayors in Orlando and read this into the record. 11.B.4. 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), and stated two weeks ago he suggested a 5% increase for every city employee without a tax increase and received no response. Secondly, Dr. Kirson commented about the fire tax and it was deemed "no" and asked why it is being brought up again. 11.B.5. Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483, stated on June 15, 2012 Waste Management stood up at a Government Affairs meeting for the Chamber of Commerce and gave out some information on contracts and it did not look right to her. Therefore, Ms. Morrison stated she had everything researched and the results of her research are in front of the Commission. She stated all the four cities that were renegotiated (Riviera Beach, Palm Beach Gardens, Juno Beach and Jupiter) all reduced their rates for the residential. Ms. Morrison stated Jupiter and Juno Beach have similar rates for the residential but includes two times per week vegetation pick up and in Delray Beach we have one time a week vegetation pickup. She stated the most comparable city to Delray Beach is Palm Beach Gardens in that they are similar in the amount of residential units and a sizeable commercial base; fewer multi - family units and Delray Beach has the most multi - family units. She asked that the contract go out for renegotiation and for open bid for transparency. 9.D. PRIORITY BASED BUDGETING: Presenting the results of the Priority Based Budgeting System Process. Doug Smith, Assistant City Manager, stated last year the Commission approved a proposal for services with the Center for Priority Based Budgeting and that included implementation of their priority budgeting model which is an extensive process of ranking and prioritizing budget programs. Mr. Smith gave a brief overview of the process and displayed the model which is a tool for looking at and examining the City's budget broken down by program and prioritization. Mr. Smith explained that the City Vision Statement was used to arrive at the following Community Results: World Class Beach, Vibrant Downtown, Diverse Local Economy, Community of Quality Neighborhoods and Schools, Abundant Recreational and Cultural Opportunities, and Community Where People Embrace Cultural Diversity. As part of the Priority Based Budgeting process, the Commission was invited to participate in an exercise to invest a sum of $500 on the Community Results to determine the prioritization that they felt was important. Mr. Smith stated staff ranked and rated the budget programs based on the criteria in addition to specific program attribute criteria which are whether services are mandated, whether we rely on the city to provide that or are there other providers, cost recovery, and the demand for services. He stated after City staff rated this there was a 18 07/17/12 process of including internal peer review by creating teams of employees that went through those results to give it a second review. Mr. Smith stated these several layers of review were presented to the consultants who then put the results into their priority budgeting model. Mr. Smith stated the results that came from the peer review and the departmental ranking are plugged into their model and allocated by Quartiles 1 -4 with Quartile #1 programs were the highest rated. Mr. Carney stated a lot of the numbers did not end up where he thought they would fall. Mayor McDuffie stated there was a comment from the public about ranking the Police Department as Quartile 44 and does not believe they are seeing the true picture of this because that particular line item in that particular department is a Quartile #4 even if you are talking about one of the critical departments. Mayor McDuffie stated it is very challenging to rank and rate these things. The City Manager stated the projected revenue at the 2012 millage rate is $93,057,890 and explained that this is the total millage (operating and debt service). He stated the operating would actually increase a little because the increase in assessed values allows the debt service part to go down a little bit. The City Manager stated the roll back rate is $93,100,000 and the maximum rate the Commission could go at a majority vote is $109,000,000 which is 9.99 mills and by a super majority the Commission could go to 10 mills. He stated a tenth of mill equals $590,000 but approximately $89,000 of that would go to the CRA so the net amount to the City would be $501,000, one -tenth of a mill increase. The City Manager briefly reviewed the fiscal year 2013 budget. The City Manager stated the meeting is set on August 3, 2012 to determine the proposed millage on the Notice of Taxes that will go out from the Property Appraiser's office and suggested that the Commission schedule a work session on July 24 to give staff further direction as to how they choose to address the gap of approximately $2.4 million. Mr. Frankel and Mr. Carney stated they will both be out of town on July 24t'. The City Manager stated the City's deadline for getting the proposed millage in is August 3, 2012 by 5:00 p.m. After brief discussion, it was the consensus of the Commission to hold a Budget Workshop meeting on Tuesday, July 31, 2012 at 3:00 p.m. At this point, the time being 8:04 p.m., the Commission moved back to Item 9.K. of the Regular Agenda. 9.K. CITY MANAGER EVALUATION This item has been moved to the regular meeting of August 7, 2012. 19 07/17/12 9.L. CITY ATTORNEY EVALUATION This item has been moved to the regular meeting of August 7, 2012. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager read a brief statement into the record and publicly announced his retirement. He noted that he grew up in Okeechobee, went to school in Atlanta for six years, and worked in the Orlando area for 19 years. The City Manager stated he will retire the first week in January 2013 after 22 years of service with the City of Delray Beach. The City Manager stated at the City Manager's Conference this year he will receive a 40 year local government service recognition. U.B. City Attorney The City Attorney stated he will be out of town the last part of July and the beginning of August. 13.C. City Commission U.C.I. Mr. Jacquet Mr. Jacquet stated this past weekend on Saturday there was a 7 on 7 competition at the Old Atlantic High School complex where two Delray teams were in it (Village Academy and Atlantic High School) and both did very well. He stated Village Academy defeated Atlantic High School in the semi - finals and Village Academy lost to Boca High in the finals. Mr. Jacquet stated this competition is put on by Prep and Sports (T.J. Jackson, David Clowney, Brandon Flowers and Preston Parker) and stated many Delray guys who have made it to the NFL were there. Mr. Jacquet stated this was his first year attending and it was very good and looks forward to attending next year. 13.C.2. Mr. Carney Mr. Carney stated several meetings ago the Commission had discussed about trying to do a Visions 20/20 and he would like to get this set for a date certain sometime in November/December where the community can get involved with what we want our vision to be especially with the City Manager's 22 years of experience it adds an invaluable ingredient to where we are. Mr. Carney stated he would really like to get that accomplished before the City Manager leaves so that when the Commission goes through the process of selecting what will be a very difficult replacement at least there will be some kind of road map to help the Commission move forward. 20 07/17/12 The City Manager stated Lula Butler is working on this and staff will be setting up a Steering Committee and will talk to FAU about getting them involved again. Secondly, Mr. Carney stated it is a matter of policy that contract values over a certain amount per year even if they are on the Consent Agenda should always come back to the City Commission so that they can have a look at them and have the opportunity to have a discussion. Mr. Carney thanked the City Manager for doing a wonderful job over the last 22 years. Lastly, Mr. Carney stated earlier this evening the Commission discussed Ordinance No. 19 -12 to change the zoning and it failed for lack of a second. He stated the Community Redevelopment Agency (CRA) staff worked on this for 3 years and did an RFP. Mr. Carney stated that the Commission should at least hear from the CRA who is responsible for the redevelopment of that corridor why they think it is important. The City Attorney stated staff can bring this back at the next regular meeting of August 7, 2012 to see if someone other than Commissioner Carney wants to make a motion for reconsideration. 13.C.3. Mrs. Gray Mrs. Gray thanked the City Manager for everything that he has done and stated his leadership and stability has been valuable. She stated the City Manager will be missed. Secondly, Mrs. Gray suggested that the city look into hiring lobbyists to help obtain dollars and look into how much it will cost to have people advocate on the Commission's behalf. Lastly, Mrs. Gray stated at the last regular meeting she expressed concern about S.E. 3rd Avenue off Atlantic Avenue regarding the zoning from Swinton Avenue to the railroad. She asked if a text amendment will need to be done because of the conflict in. the zoning. 13.C.4. Mr. Frankel Mr. Frankel echoed comments expressed by the rest of the Commission and congratulated the City Manager for a great job. Mr. Frankel stated the City Manager has the hardest job, the toughest decisions, and receives the most critiques. He stated for someone to have a position for 22 years and have a "bull's eye" on them when they are making so many decisions is tough. Mr. Frankel stated in remembering when he first came to the city when he was 12 years old and to see where it is today, in his opinion Mr. Harden is the "captain of the ship." Mr. Frankel stated he is looking forward in the upcoming months to honor the City Manager for everything that he has done. Secondly, Mr. Frankel recognized former Police Officer Brady Myers who is directly responsible for working with Tallahassee with regard to pill mills. 21 07/17/12 Mr. Frankel suggested that the City give him a proclamation to honor hnn for his work with regard to the pill mills. Mr. Frankel stated another group that deserves recognition is Stephanie Immelman and the entire Delray Beach Marketing Cooperative (DBMC) for all their work for the Most Fun Small Town. He stated it was a team effort how they got the community together, the volunteers, restaurants involved, the car to drive them down Atlantic Avenue, etc. Mr. Frankel stated he watched it on television and although it was great that Delray Beach was represented, they did not get the accolades today but he would like to see the people who are responsible in putting this together get honored. Lastly, Mr. Frankel stated he was at the Convention Center for his TDC meeting Thursday and the Sports Commission sponsors a two -day sports festival. He stated they bring kids from Palm Beach and Dade County to participate. Mr. Frankel stated Delray Beach Parks and Recreation was there with a large group of Delray Beach children having a great time. 13.C.5. Mayor McDuffie Mayor McDuffie congratulated and thanked the City Manager for his 22 years of service with the City of Delray Beach. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:29 p.m. ATTEST: MAYOR City Clerk 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 July 17, 2012, which Minutes were formally approved and adopted by the City Commission on 22 07/17/12 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. 23 07/17/12 SPECIAL MEETING JULY 20, 2012 A Special 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 8:05 a.m., on Friday, July 20, 2012. Roll call showed: Present- Commissioner Alson Jacquet Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Thomas F. Carney, Jr. Commissioner Adam Frankel Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called the Special Meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. AGREEMENT /DELRAY BEACH MARKETING COOPERATIVE (DBMC): Consider approval of an Agreement with the Delray Beach Marketing Cooperative (DBMC) that will provide for a fireworks display on the municipal beach. Mr. Brian Shutt, City Attorney, highlighted the agreement with the Delray Beach Marketing Cooperative (DBIvIC) regarding a fireworks display on the municipal beach to be held on July 25, 2012 in conjunction with the Florida Festivals and Events Convention. This is also the same night as the viewing party for Delray Beach winning the Most Fun Small Town in the USA. Ms. Sarah Martin, Executive Director of DBMC, discussed the viewing party which will be held at 8:00 p.m. at Boston's on The Beach. In addition, she explained the setup for the fireworks display. Mrs. Gray thanked DBMC for everything they do for the city and stated she will attend the viewing party. She asked about the lighting for the event. Ms. Martin explained the reason for the lighting for the 4�h of July event; she stated there will not be a necessity for that type of lighting because the crowd will not be as large as the July Th event. Mr. Jacquet stated that DBMC does great work in the city, he is proud of Delray Beach for winning Most Fun Small Town and that he will attend the viewing party. This is a great opportunity to celebrate with everyone from Delray. Mayor McDuffie asked if the fireworks will be done from the same location as July e. Ms. Martin stated it will be a different location neat the pavilion area. She stated we will be on the Today Show today at 10:00 a.m. Mayor McDuffie stated this is another major accomplishment and Ms. Stephanie Immelman really worked on this and asked Ms. Martin to convey our thanks. Mrs. Gray moved to approve the agreement with the Delray Beach Marketing Cooperative, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Jacquet — Yes. Said motion passed with a 3 to 0 vote. Mayor McDuffie adjourned the Workshop Meeting at 8:12 a.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Friday, July 20, 2012, which Minutes were formally approved and adopted by the City Commission on August 7, 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. 2 July 20, 2012 WORKSHOP MEETING JULY 31, 2012 A Workshop 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 3:09 p.m., on Tuesday, July 31, 2012. Roll call showed: Present - Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Thomas F. Carney, Jr. Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Item. WORKSHOP MEETING AGENDA 1. FY 2013 Budget Discussion Mr. David T. Harden, City Manager, presented this item. He discussed the projected revenues for the city at the 2012 Millage Rate, Rollback Rate, Maximum Majority Rate and Supermajority Rate. He does not recommend the Maximum Majority or Supermajority rates. He stated each tenth of a mill equals $590,760 with $501,080 netted to the city. He also covered the projected expenses and the balance needed at the current millage rate ($4,021,650). Mr. Harden advised the Commission of the following options: (1) additional budget cuts, (2) increase revenue, or (3) use more surplus. He stated he does not recommend that Commission use more surplus other than the $1.6 million that has been suggested to fund the increase in capital. Mr. Harden also discussed the email received from Ms. Christina Morrison regarding a fire tax. He stated he is asking for direction from the Commission regarding how they would like to go about closing the gap in order to adopt a proposed millage on Friday to send to the Property Appraiser's office. Mrs. Gray asked if the only option Commission has to increase revenue is a fire fee. Mr. Harden stated that the Commission can increase millage and if they want to do so, it would be by half a mill. He stated these are two possibilities for increasing revenue. Mr. Frankel stated his position has not changed since last time we had the opportunity to do the budget. He asked if there are still 600 property owners who pay zero in property taxes and 6,000 property owners who pay $200 or less. He is in favor of keeping the millage at the same rate or decreasing it and instituting a flat fire fee in order to get the 6,600 property owners that pay $200 or less to use city services to contribute. He stated he would like to see a flat rate for the fire service fee or as a compromise position a two- tiered rate with no change in the millage rate or hopefully a decrease in the millage. Mayor McDuffie asked about the recommended fire service fee and the tenth of a mill reduction in the millage. Mr. Harden stated this is assuming an 85% collection rate. Mayor McDuffie stated he is not in favor of the Maximum Majority or Supermajority rate. Mr. Harden stated staff would never suggest those but was providing the numbers for information. Mrs. Gray asked are there any other ways or means to cut the budget. Mr. Harden stated this is what Commission would need to look at. He mentioned the Priority Based Budgeting Materials and discussed setting the millage on Friday and additional opportunities to look at the budget. He reiterated that once the millage is set that is the cap, and it cannot be increased. Mr. Jacquet stated he echoes Mrs. Gray's concerns. He stated the options they have are the millage options and the fire fee. He asked what the flat rate means for people who are currently paying their fair share of taxes. Mr. Harden explained how the fire fee would work. Mr. Jacquet asked what the other options are. He stated he thinks we can make certain cuts. Mr. Jacquet stated he is ready to help in any way he can with finding places to cut. He stated he would hate to think these are the only options. Ms. Terrill Pyburn, Assistant City Attorney, stated we may need to do an updated study regarding the Fire Assessment Fee and it takes time to comply with the requirements of the Statutes to put everyone on notice. She stated this could easily take sixty (60) days. Mr. Frankel asked why we would need to do another study. Ms. Pyburn stated Mr. Brian Shutt, City Attorney, had expressed concerns that we need to look at the expenditures for the upcoming year and make sure everything is up to date. Mr. Harden stated the timeframe coincides with the Budget cycle. Mrs. Gray stated she is not interested in another tax and she will not support a fire assessment fee. Mr. Harden stated staff needs direction on what the Commission would want to cut. Mayor McDuffie corrunented regarding the budget and stated we have cut approximately 10 million dollars over the last six years. He discussed setting a tentative millage rate on Friday which is the deadline for the Property Appraiser's office and TRIM notices. He stated he would be in favor of a fire fee with a reduction of a tenth of a mill. He stated this treats people very fairly. Mr. Jacquet stated the only way he would be in favor of the fire fee is if we lower the millage in a way that balances it to where people who are paying their fair share gets that break in the millage. Discussion continued between Commission and staff. Mr. Harden stated staff will be glad to provide any other information the Commission would like. Mr. Jacquet asked about Special Events. Mr. Harden stated staff will provide that information. Mayor McDuffie stated we have increased fees also. Mr. Jacquet inquired about fees for cabs. Mr. Harden and Ms. Pyburn stated the County regulates cabs. Mr. Frankel stated he supports a 7.19 millage rate or lower and a fire fee. Mrs. Gray asked about early retirement. Mr. Harden stated we could offer this again and he will provide information on the last time we did this. 2 July 31, 2012 Mayor McDuffie asked Commission if they would like to meet individually with Mr. Harden. Mayor McDuffie stated he will meet with Mr. Harden. Mayor McDuffie adjourned the Workshop Meeting at 3:40 p.m. ATTEST: MAYOR City Clerk 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, July 31, 2012, which Minutes were formally approved and adopted by the City Commission on August 7. 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. July 31, 2012 WHEREAS, John Evans, a native of Delray Beach, was hired on January 9, 1984 at the Delray Beach Police Department at the young age of nineteen amidst an atmosphere of flourishing crime and negative social issues, all of which lie had to overcome in order to serve his community and change the perception of law enforcement officers; and WHEREAS, despite the conflict that he faced from family, friends, fellow officers and the community, he donned his uniform proudly each day to protect the city he grew up in; and WHEREAS, he began his career as a volunteer in the Youth Explorer Program in 1981- 1982. He went on to build a solid foundation at the Police Department where he worked in the Patrol Division, Investigative Division, Community Policing Unit, Vice intelligence Unit, and Juvenile Investigative Sergeant. He operated specialty assignments in Internal Affairs, "Training Unit, Recruiter and the SW11T Team; and WHEREAS, as a result of his drive and ambition, he was promoted to the rank of Sergeant in 2000; and WHEREAS, Sergeant Evans faced many difficult situations not always police related but social. He had a situation where he had to make a decision to report a dilapidated house to code enforcement, but could also lead to a family being homeless. IIe also faced situations that contributed to the betterment of the community. Sergeant Fvans was integral in identifying and having the first crack house razed in the City in 1991; and WHEREAS, he was one of the first officers on Bike Control in the City in 1991, wearing black shorts and a white cotton golf shirt Sergeant Evans pedaled through his beat on a new, bright red, 21 -gear Schwinn mountain bicycle. On his first day, he arrested a man wanted for armed robbery; and WHEREAS, Sergeant Evans is often applauded by his commanding staff peers on the confident and professional manner he uses when lie handles critical situations. IIe has received 95 letters of appreciation and 40 commendations from citizens and outside law enforcement organizations as a testament; and WHEREAS, upon entering the profession, John was a naive young man, after almost 30 years of selfless contributions and service, he has gained experience that he gladly shares with others; and WHEREAS, on September 14, 2012, Sergeant Evans will retire from the Police Department leaving a positive influence on the many officers lie has mentored throughout his career. He will leave his legacy to be carried on by many others, who have used his example as the standard for what it is to be a true law enforcement officer. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Marida, on behalf of the City Commission and the citizens of Delray Beach, do hereby extend our heartfelt thanks and appreciation to: SERGEANT JOHN EVANIS and call upon local law enforcement agencies and all present to acknowledge and applaud his outstanding and exemplary dedication, multitudinous contributions and service to the City of Delray Beach, its residents and communities. IN WITNESS WHEREOF, T have hereunto set my hand and caused the Official Seal of the City of Delray Beach, I'lorida, to be affixed this 7`h day of August, 2012. NELSON S. McDUFPIE MAYOR Item 6.A. WHEREAS, Tavadus'TJ" Jackson, a native of Delray Beach, graduated from Olympic Heights Community High School in 1998; and WHEREAS, his athletic prowess earned him recruiting opportunities by some of the top college programs in the country but his struggle to pass college entrance exams presented a barrier. Through perseverance and hard work he prevailed and accepted a scholarship to Virginia Tech University where he played football and graduated with a Bachelor's Degree in Residential Property Management in 2002. He continued to pursue his dream of becoming a professional football player and signed as a Free Agent with the Dallas Cowboys in 2003; and WHEREAS, unfortunately this is not always the case with young men and women who often get discouraged and give up, because they are frustrated with the myriad of hurdles that face them. He recognized a need to have a program that would focus on at risk youth through mentorships, training and guidance in a formal structure; and WHEREAS, in 2005 he founded Prep and Sports, Inc., the first and only not - for - profit organization that focused on a balance of education, athletics and nutrition for at risk youth in Palm Beach County. He recruited the services of friends whom he knew shared similar values, goals, and backgrounds, who would understand the obstacles that the youth face; and WHEREAS, he animated the vision by describing the difference that they could make in the young people's lives, a difference that would spread and expand exponentially as more youth joined the program, and more professionals, athletes and volunteers took up the dream of assuring the success of the youth, and slowly but surely, the number of youth who got lost by the wayside, was lessened; and WHEREAS, the organization is able to tutor and train quite a number of young people today, and with greater sponsorship, recognition, and support, has plans to continue its expansion even further, all the while maintaining its focus on assisting our disadvantaged youth in their quest to make a difference, and achieve success. Mr. Jackson's goal is to help 5,000 student athletes get into 4 year universities in the next ten years through his program. The organization works with 10 high schools in Palm Beach County. His program was instrumental in helping 207 student athletes get into college. Prep and Sports has trained 150 professional athletes in baseball, basketball, soccer, football and UFC Fighting; and WHEREAS, as he has insisted on an emphasis on service, it seems as if not only the youth have grown, but also the members of his organization, as well as those who have volunteered as everyone is becoming more excited about being a tool to promote positive change, rather than a tool to simply spout the negativity that is rampant today; and WHEREAS, he is admired for his generosity, honesty, dedication and integrity. Mr. Jackson has proven time and time again, that he is a genuine individual that wants to make a difference, and is not simply searching for the publicity that many others so desperately seek; and WHEREAS, Mr. Jackson's work changed the organization in that through his relentless efforts to share his vision, he has helped to recruit many professional businesspeople, professional athletes, teachers, and organizations to not only invest in the non -profit organization, but also to volunteer their time and effort to speak to, teach, or train the youth in an endeavor to help them better themselves, stay focused and achieve success in life. He has sparked a fire that is sbnvly, but surely, spreading and alerting others of the impact that they can make on the lives of many young people. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend: TAV1RIUtS "T.1" JACKSON and call upon all present to acknowledge and applaud his accomplishments, multitudinous contributions and eagerness to serve his community through active participation. 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 7h day of August, 2012. NELSON S. McDUFFIE MAYOR Item 6.B. EITY OF DELRAY BEREH DELRAY BE S CH 100 N.W. 1st AVENUE • DELRAY BEACH, FLGRMA 33.444 561/243 -7000 1993 "" August 14, 2012 Florida Water & Pollution Control Operators Association Attention: Phil Donovan, Director District 6 3847 Woods Walk Boulevard Lake Worth, FL 33467 Re: Florida Water Professionals Week Proclamation Dear Mr. Donovan: Enclosed is a proclamation recognizing Florida Water Professionals Week on August 13 -17, 2012. The City of Delray Beach would like to thank you for allowing us to participate in such a special week. Please let us know if we can be of additional assistance to you. We would appreciate it if you were to acknowledge receipt of this proclamation by calling me at (561) 243 -7059. Sincerely, Kimberly Wynn Agenda Coordinator Enclosure Cn:� Ti C rRl _�':ti;; p CE ' IN'! i 6�ITY ;S�v - 15TH -i f.IP�^'�.AT11'F TEAr'J AI0PK -1 Inv Florida Water & Pollution Control Operators Association A Non - Profit Association Serving Water and Wastewater Professionals in the State of Florida IE C E....., t,_ W E July 26, 2012 JUL 3 0 2012 CITY COMMA :SIOV The Honorable Woodie McDuffie, Mayor City of Delray Beach 100 NW 1st Ave Delray Beach FL 33444 -2612 RE: Proclamation request for Florida Water Professionals Week Dear Mayor McDuffie: The Florida Water & Pollution Control Operators Association (FW &PCOA) is a non - profit organization whose members are engaged in the production and distribution of drinking water, and the collection, treatment and disposal of wastewater and storm water. Our goal is to protect the health of citizens and preserve natural resources. We accomplish this by advancing the professional status of all water industry employees, arranging educational programs for treatment plant operators and customer service representatives, and providing a training and certification program for system operators. The FW &PCOA embarked on a program in 2007 to recognize all water industry employees for their dedication and hard work providing safe drinking water to Florida's citizens and protecting Florida's environment and natural resources. We did this by proclaiming a week during the month of August as "Florida Water Professionals Week. " The FW &PCOA has scheduled this year's Florida Water Professionals Week for August 13 -17, 2012. We would like to invite you and the City of Delray Beach to join us in recognizing the efforts of water professionals in your community. You can do this by executing a proclamation recognizing the event. I am enclosing a sample proclamation for your reference. Please send your executed proclamation to my address, stated below, so we can recognize the City of Delray Beach's participation in this year's celebration. If you would like an officer from our association to accept the proclamation at your commission meeting, please contact regional director Phil Donovan at (561) 632 -4188. Thank you in advance for your anticipated participation! Sincerely, '•L � Ill �_ �S� Phil Donovan CHN OF GELRRY HEREH bftd I Ac. WHEREAS, the Florida Water & Pollution Control operators Association ssociaU on is a statewide organization composed of water industry professionals who dedicate, themselves to the Production and distribution of safe drinking. water, as well as tine proper coUection, treatment, reuse, and disposal of wastewater and stormwater; and WHEREAS, this organization is committed to protecting the health of Florida's citizens and our state's natural resources, and supports the, training, certification, and licensing of water industry personnel, as a means to achieve these goals; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the watcr,industry, acts as liaison between the Florida Department of Fnviromnent Protection and industry personnel; and WHEREAS, each year the Florida Water & Pollution Control Operators Association recognizes all those who have played a signifiga,. nt part. in ,operating and maintaining drinking water, wastewater, .and st.ormwater systems in. Florida by celebrating Florida Water Professionals Week, which applauds their constant-efforts to protect our health and environment. NOW, THEREFORE, 1, NELSON S. MeDUFFIE, Mayor of the City, of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of August 13-17,2012 -as: FLORIDA WATER PROFESSIONALS WEEK and call upon each citizen and. business of Delray Beach, Florida to honor .our. Florida Water Pi ofessionals and. extend greetings and. best wishes, IN WITNESS WHEREOF, I have hereunto set my hand and caused ftie Official Seal of the City of Delray Beach, Florida, to be affixed this 7a` day Of A-UgIUSL, 2012. /--, ... ... .. .... .. MAYOR WHEREAS, the Florida Water & Pollution Control Operators Association is a statewide organization composed of water industry professionals who dedicate themselves to the production and distribution of safe drinking water, as well as the proper collection, treatment, reuse, and disposal of wastewater and stormwater; and WHEREAS, this organization is committed to protecting the health of Florida's citizens and our state's natural resources, and supports the training, certification, and licensing of water industry personnel as a means to achieve these goals; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environment Protection and industry personnel; and WHEREAS, each year the Florida Water & Pollution Control Operators Association recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater, and stormwater systems in Florida by celebrating Florida Water Professionals Week, which applauds their constant efforts to protect our health and environment. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of August 13 -17, 2012 as: FLORIDA WATER PROFESSIONALS WEEK and call upon each citizen and business of Delray Beach, Florida to honor our Florida Water Professionals and extend greetings and best wishes. 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 7f day of August, 2012. NELSON S. McDUFFIE MAYOR Item 6.C. Coversheet MEMORANDUM moo ' TO: Mayor and City Commissioners FROM: Jennifer Buce, SPIRIT Co -Chair Shakeema Gaskin, SPIRIT Co -Chair DATE: July 30, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF AUGUST 7, 2012 S.P.I.R.I.T. (SERVICE, PERFORMANCE, INTEGRITY, RESPONSIBILITY, INNOVATION, TEAMWORK) COMMITTEE QUARTERLY AWARDS PRESENTATION) ITEM BEFORE COMMISSION The item before the City Commission is recognition of three (3) quarterly winners chosen by the SPIRIT Committee for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The main objective of the SPIRIT Program is to award the efforts of employees who provide outstanding quality service to our City. Winners for the last quarter are: • Officer Jonathan Erickson, Police Department; Jennifer Buce will present the award. • Danny Oliveras, Parks Department, Jennifer Buce will present the award. • Barbara Brennen, Police Department; Dawn Delaney will present the award http:// itwebapp /AgendalntranetBluesheet .aspx ?ItemlD = 5818 &MeetinglD =384 8/3/2012 Vi. NJ THE YES, SPIRIT Award Nomination Form Nominee Information: EXHIBIT A Name: 21acb2ra 8renaen Department: Phone #:ffZaZ Nominator Information: Name: r ecp Department: Po li ce Phone # ' / e? ,3 ` PP3Y Signature c Date: - 14-111211112- The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions In following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the I" Friday of the months of October, January, April, and July. �1�G1� 2 elm i�i� d l.Zn ca /e &C_ DELRAY BEACH POLICE DEPARTMENT TO: SPIRIT Committee FROM: Supervisor Dawn Delaney Police Information Services DATE: April 24, 2012 SUBJECT: S.P.LR.I.T. Award Nomination On Friday, April 13, 2012 Donna Fhrke, an employee of Delray Medical Center, came into Delray Beach Police Department for assistance. She was working a booth for her employer at the Delray Affair and parked her vehicle a few blocks from, where she was scheduled to report. By the time site was done working, there were thunderstorms with heavy rain and lightning. As she attempted to return to her vehicle she was unable to locate it She could not remember where she had parked her vehicle and walked around in the rain for two hours looking for her car. She approached two officers who said they would keep an eye out for her vehicle and she continued to search on her own. Finally after being soaked, upset, frustrated and somewhat embarrassed she came into the Delray Beach Police Department lobby for help. It was at this time that she was assisted by Ms. not be dispatched into the lobby to help her. Ms. Brennen displayed compassion by taking her break, obtained towels to dry Ms. Ehrke off and took her personal vehicle to drive around with Ms. Ehrke to look for her missing vehicle. After 45 minutes, they were unable to locate the vehicle. Ms. Brennen brought her back to the police department where she contacted her mother to come and get her. Within 20 minutes, officers notified Ms. Ehrke that her vehicle had been located. The street she originally walked down to get to DMC's booth had been blocked off to both vehicular and pedestrian traffic, therefore, making it impossible for her to go down those streets and causing her confusion about where she bad parked. Police Information Specialist Barbara Brennen was very courteous, professional and empathetic with this customer at all times and truly displayed an attitude of S.P.I.R.I.T. I feel that Ms. Brennen went above and beyond her duties to assist this customer and left an impression that will most certainly reflect positively on herself and the City ofD&ay Beach as a whole, Serving with P.R.I.D.E. ......... . �V5 :— -- -,�-- sec` _._�.__ CL Kk 1"I 111 z UVN A6 R ra4q PUY\, 0 n -Vi MAKE EXHIBIT A *Please submit direct ,a a uman Resources '�Y �:��• Supervisor signature not required. 0 a; ITs Rf THE PEA SPIRIT Award Nomination Form Nominee Information: l Name:, �( 1T 1i ,ac r, Department: +w'h� MtQ'!t't�i ckACLPhone it: ! " 3 ^` XF-3 Nominator Information: Name :, � I CN ado%_A1 Department ;gafi �t W5 1 � �&`At oAQ Phone # " I -oA t -- ?) t'8 Signature: Date: 0q a The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively Impacts the city, community, or general public. any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the I" Friday of the months of October, January, April, and July. itiF - W THE PED�`6 SPIRIT Award Nomination Form R EatTN1) 2012 JUN 14 PH 12., 07. HUMAN RESOURCES Nominee information: Name: 6,1 Departm ant: Qd� cam- Phone #:. Nominator Information: (� Na e: � �'� (\ `� s ',, - — bepartm ant: ! �� ; C� Phone # �a i -:1) Off- l �l Signature: �` �— r Date: The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exem any supporting documentation i.e. photos, comment cards, etc. service. Peel free to attach Nominations trust be submitted to Human Resources no, later than the 1" Friday of the months of October, January, April, and July. DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: SPIRIT Recognition Comm FROM: Sergeant Scott McGuire S` DATE: May 1, 2012 V--\ SUBJECT: SPIRIT QUARTERLY NOMINATION JONATHAN ERICKSON I would like to formally nominate Officer Jonathan Erickson for the 'SPIRIT Quarferly Award' for the e Quarter 2012. 1 feel it is both an honor and privilege to be able to reward such outstanding service the community. He may be a quiet person but his integrity and character are extraordinary. Jonathan demonstrates outstanding quality service each and every day. On April 7, 2092, Jonathan responded to 950 Egret Circle in reference to a stolen vehicle call. The elderly victim had just returned home from the hospital after a few weeks and noticed his car was missing. Jonathan. didn't just take a stolen vehicle report; he did a little investigative work by contacting Delray Medical Center and Delray Beach Fire Rescue. As it turned out the victim's vehicle was located where he was actually picked up by Fire Rescue a few ago. Jonathan then went back and took the victim to pick his vehicle up and followed him safely home. Of course Jonathan's involvement didn't end here. just been hospitalized, and was all alone. He noticed the victim didn't have much food in his home and based on his current encounter didn't feel the victim should be going out on his oven, Jonathan then contacted the victim's relatives who unfortunately were out of state. He offered to help the family as they weren't able to respondlessist for the next few days: Jonathan then told the family that he would take care of it. Later after he got off work, Jonathan went to the grocery store and purchased food for the elderly victim to get him few through the next few weeks. He did this on his own and asked for no compensation, just a good will act of kindness and compassion. The SPIRIT Award is about recognizing someone for exemplary actions in following the City's Core Beliefs (Service, Perfonnance, Integrity, Responsible, Innovative, and Teamwork). Jonathan Erickson certainly exemplifies the SPIRIT of the City of Delray Beach, and is most deserving of recognition. Jonathan didn't ask for any praise and isn't someone who seeks it out; he is just an example of one of Delray's Finest and how a police officer can't just 'clock out'. STM1691 Coversheet I►l l D!►I Lei :.,101111U►I TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM S.A. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 FINAL SUBDIVISION APPROVALMLLAS SOME DEL MAR PLAT ITEM BEFORE COMMISSION Page 1 of 2 The item before the City Commission is the certification of the final plat for a residential development containing five (5) townhouse lots and two (2) single - family lots being platted as Villas Sobre Del Mar. The subject property is located south of SE 5th Street at its intersection with SE 7th Avenue (lying west of the Intracoastal Waterway). BACKGROUND The 1.06 acre subdivision is a replat of a portion of Lot 11, Block 1, Osceola Park, according to the Plat thereof recorded in Plat Book 3, Page 2 of the public records of Palm Beach County, Florida. The west side of the parcel contains a one -story single - family home constructed in 1953. The east side of the parcel contains a three -story 5 -unit townhouse building constructed in 1979. The townhouse building was divided into five fee - simple lots through metes and bounds descriptions. The Villas Sobre Del Mar Property Owners Association, which represents the 5 townhouse unit owners, acquired a 40 foot wide strip of land from the property owner to the west with the intention of providing additional parking and improving on -site circulation within the townhouse development. The property owner to the west also wants to subdivide his remaining property into two single family lots. The replat is necessary to create the new subdivision. A class 2 site plan modification to construct 8 parking spaces, a trash enclosure and associated landscaping on the 40' wide strip and townhouse parcels was approved with conditions by the Site Plan Review and Appearance Board on July 11, 2012. The replat of the subject property will include the five (5) existing townhouse lots, two (2) single - family lots and Tract "A ", which is being reserved for the exclusive use of the five townhouse lots. The property contains a number of existing easements that will be retained with the replat. Two of these easements are located within Tract "A" and will continue to provide access to the Barrton Condominium located south of this project. There is also a 22' ingress- egress easement on each of the townhouse lots which provides cross - access rights between the townhouse units. A 2' sewer main http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5827 &MectingID =384 8/3/2012 Coversheet Page 2 of 2 easement is located along the west side of Lot 7. The final existing easement is a 10' pedestrian easement located on the north side of lot 1, which was established to provide access to the Intracoastal Waterway. New 10' general utility easements on the west side of the townhouse lots and on the north side of the two single - family lots will be provided with the replat. Plat Anal City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. I U1 OW I X101 310111104 R The Planning and Zoning Board reviewed the Plat at its meeting of July 16, 2012, and recommended approval by a vote of 5 to 0. (Spodak and Hansen absent). Courtesy Notices: Courtesy notices were provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Barrton Apartments To date, no letters of objection or support to the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the Villas Sobre Del Mar Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 5827 &MeetingID =384 8/3/2012 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT- MEETING DATE: July 16, 2012 AGENDA ITEM: IV. B. ITEM: Final Subdivision Plat for Villa Sobre Del Mar, a proposed seven (7) lot subdivision located on the south side of SE 5th Street at its intersection with SE 7th Avenue (lying west of the Intracoastal Waterway). GENERAL DATA: Applicant .............. Bradley D. Miller, AICP, Miller Land Planning Consultants, Inc. Owners ..................... Townhouse Villas Sobre Del Mar Property Owners Association Inc., and property owners for individual lots. Location .......................... South of SE 5th Street at its intersection with SE 7th Avenue (lying west of the Intracoastal Waterway) Property Size .................. 1.06 acres S. E. Future Land Use Map.... MD (Medium Density Residential - 5 -12 du /ac ) Current Zoning ............... RM (Multiple Family Residential - Medium Density) Adjacent Zoning.... North: R -1 -AAA (Single Family Residential) East: R -1 -AAA (Single Family Residential) South: RM (Multiple Family Residential - Medium Density) and POD (Professional and Office District) West: NC (Neighborhood Commercial)) Existing Land Use.......... 1 single - family home and 5 townhouse units Proposed Land Use........ 2 single - family homes and 5 townhouse units Water Service ................. Connection to existing 2" water main in SE 5th Street Sewer Service ................ Connection to existing sewer main in SE 5th Street l I II S.E. 5TH SST. I J Q N Q 0 Z Q 3 w Q IV. B. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a residential development to be platted as Villas Sobre Del Mar. The subject property is located south of SE 5th Street at its intersection with SE 7th Avenue (lying west of the Intracoastal Waterway). This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 1.06 acre subdivision is a replat of a portion of Lot 11, Block 1, Osceola Park, according to the Plat thereof recorded in Plat Book 3, Page 2 of the public records of Palm Beach County, Florida. The west side of the parcel contains a one -story single - family home constructed in 1953. The east side of the parcel contains a three -story townhouse building constructed in 1979. The townhouse building was divided into five fee - simple lots through metes and bounds descriptions. The Villas Sobre Del Mar Property Owners Association, which represents the 5 townhouse unit owners, acquired a 40 foot wide strip of land from the property owner to the west with the intention of providing additional parking and improving on -site circulation within the townhouse development. The property owner to the west also wants to subdivide his remaining property into two single family lots. The replat is necessary to create the new subdivision. A class 2 site plan modification to construct 8 parking spaces, a trash enclosure and associated landscaping is being processed concurrently with this replat. PLAT DESCRIPTION The replat of the subject property will include the five (5) existing townhouse lots, two (2) single - family lots and Tract "A ", which is being reserved for the exclusive use of the five townhouse lots. The property contains a number of existing easements that will be retained with the replat. Two of these easements are located within Tract "A" and will continue to provide access to the Barrton Condominium located south of this project. There is also a 22' ingress - egress easement on each of the townhouse lots which provides cross - access rights between the townhouse units. A 2' sewer main easement is located along the west side of Lot 7. The final existing easement, which is a 10' pedestrian easement located on the north side of lot 1, provides access to the Intracoastal Waterway. New 10' general utility easements on the west side of the townhouse lots and on the north side of the two single - family lots will be provided with the replat. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. P &Z Board Staff Report, Meeting of July 16, 2012: Villas Sobre Del Mar Plat Page 2 The subject property has a Future Land Use Map designation of MD (Medium Density Residential - 5 -12 du /ac) and is zoned RM (Multiple Family Residential - Medium Density). Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), the RM zoning district is consistent with the MD Land Use Map Designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer service are available via connection to existing water and sewer mains in SE 5th Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Storm water drainage for the new parking lot area will be accommodated via valley gutter, catch basin and exfiltration trench located within Tract "A ". Drainage will be reviewed as part of the building permit process. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: With the additional one single - family lot, the project will generate a net increase of ten (10) daily trips. This impact is minimal, and residential development east of 1 -95, is exempt from Palm Beach County traffic concurrency standards. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards ". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, the impact fee for single family dwellings shall be imposed and collected upon first development of the lot and collected at the time of issuance of the building permit. Upon redevelopment of a lot, an impact fee credit shall be given for the demolition of any structure built after February 23, 1982. No credit shall be given for structures built prior to February 23, 1982 and a park impact fee is due upon issuance of a building permit. Since the existing home on Lots 617 was constructed before this date, a total fee of $1,000 will be required of this development for parks and recreation purposes. Solid Waste: There will be one additional single family lot with the proposed plat which will result in a net increase of 1.99 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047, thus a positive finding with respect to this level of service standard can be made. Schools: The School Concurrency response from the Palm Beach County School District for the additional single family lot has not been received as of this date. Receipt of a positive determination of school concurrency is attached as a condition of approval. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. P &Z Board Staff Report, Meeting of July 16, 2012: Villas Sobre Del Mar Plat Pape 3 As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: 0 LDR Section 5.3.1(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land. The property will be divided into 5 townhouse lots, 2 single - family lots and Tract "A ", which will continue to provide access to the Barrton Condominium to the south, as well as provide additional parking for the five existing townhouses. • LDR Section 4.3.4(K) (Development Standards Matrix): Within the RM zoning district, single family lots must meet the requirements of the R -1 -A district, which requires a minimum 60' width and frontage, 100' depth and 7,500 square feet of area. Both of the proposed single - family lots meet these requirements. • LDR Section 5.3.1(Right -of -Way Dedication): No additional right -of -way dedications are required with the plat. Comprehensive Plan Policies: A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Objective was noted: Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The property is surrounded on the north by single - family homes, on the south by a multi - family residential condominium and offices, on the west by offices, and on east by the Intracoastal Waterway. Construction of the new parking area in Tract "A" and demolition of the existing single - family home and construction of two new homes on Lots 6 and 7 of the new subdivision is proposed in a manner appropriate and complementary to the surrounding neighborhood. TECHNICAL ITEMS Technical comments from the Environmental Services Department are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) of the DDA (Downtown Development Authority). P &Z Board Staff Report, Meeting of July 16, 2012: Villas Sobre Del Mar Plat Page 4 Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Neighborhood Advisory Council Delray Citizen's Coalition Barrton Apartments Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for the Villas Sobre Del Mar Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Villas Sobre Del Mar Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Location Map • Reduced Plat and Survey P &Z Board Staff Report, Meeting of July 16, 2012: Villas Sobre Del Mar Plat Paqe 5 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of July 16, 2012: Villas Sobre Del Mar Plat Page 6 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of July 16, 2012: Villas Sobre Del Mar Plat Paqe 7 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: According to the Opinion of Title, Lot 1 is owned by Phyllis C. Graham (99 %) and Graham Holdings, LLC (1%). The Plat only provides a sign off for Graham Holdings, LLC. Additionally, the wording is cumbersome since the LLC is not named above as indicated in the statement. Please correct this section for Lot 1 so that both owners are included. Add an additional sign -off and acknowledgement section for Phyllis C. Graham if necessary. 2. The Opinion of Title lists one of the owners of Lot 3 as Charles Robert Johnson, but the name is shown as Robert Johnson on the Plat. Please make the required correction. 3. The Opinion of Title lists the owners of Lot 4 as George M. Potter and Ann P. Potter, but the owner's name on the plat is shown as Randall L. Wolff. Please make the required correction. 4. Receipt of responses for all utility provider notifications. 5. Receipt of a positive determination of School Concurrency from Palm Beach County School District. 6. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 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S:\Planning & Zoning\DBlvlS\Fla—Cob\Z—LM 1001-1500\LM1348Vlia Sobre Del Mar Plot • � � I .1 .: iT I I Yr 1 '�� Cd = r If Wig• "_ �. • s MT .T IMP ' •9v i1 c" � ' _ r r _ .gyp •.�'' •j � Y •� ., .� - i• JFj -AW - �. `' A' r ",• a _' `� 'l:� tom•. .y y • "xW� }�►` c..�: � Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: August 1, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF AUGUST 7, 2012 SIXTH AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT ITEM BEFORE COMMISSION Approval of the Sixth Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1 st Street and East Atlantic Avenue, to extend the time frame to obtain site plan certification by a period of 270 days. BACKGROUND The owner submitted a request for the abandonment and relocation of N.E. 7th Avenue in order to accommodate the proposed Atlantic Plaza project. The Abandonment of N.E. 7th Avenue has been concluded, however, if the Developer fails to meet certain time frames the City may require the reconveyance of N. E. 7th Avenue. A quick summary of the time frames regarding N.E. 7th Avenue is as follows: • provide environmental audit within 180 days of abandonment resolution approval; • obtain SPRAB approval by 12/01/09; • obtain the site plan certification within 18 months of SPRAB approval; • complete construction of the underground tunnel under relocated N.E.7th Avenue within three (3) years of site plan certification (this is the "no turn back deadline "); • Substantial completion of the relocated N.E.7th Avenue within 2 years of the "no turn back deadline ". The Developer has met the first two timeframes listed above. The developer previously obtained three 6 month extensions, and two 3 month extensions to obtain site plan certification. The developer is now http: // itwebapp / Agendalntranet /Blueshect.aspx ?ItemlD= 5855 &MeetingID =384 8/3/2012 Coversheet Page 2 of 2 requesting an additional 270 day (9 month) extension to obtain site plan certification. The Planning and Zoning and Engineering Departments have reviewed the request and do not have any objections to the requested extension. The agreement has been reviewed and approved by the City Attorney's office for legal form and sufficiency and is now before the City Commission for approval. RECOMMENDATION Staff recommends approval of the Sixth Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5855 &MeetingID =384 8/3/2012 This instrument was prepared by and should be returned to: Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SIXTH AMENDMENT TO DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7`h AVENUE (Vacated 7`h Avenue) This Sixth Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7rh Avenue (this "Sixth Amendment ") is entered into this _ of , 2012, among the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City ") and CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company (the 'Developer "). The City and the Developer are collectively referred to herein as the `Parties". WHEREAS, the City, Atlantic Center, Ltd., a Florida limited partnership ("Atlantic Center "), and CDR Atlantic Plaza, Ltd., a Florida limited partnership ( "CDR Atlantic Plaza ") entered into that certain Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7uh Avenue (the "Declaration "), dated February 17, 2009 and recorded April S, 2009 in Official. Records Book 23166, Page 1375 of the Public Records of Palm Beach County, Florida; WHEREAS, pursuant to that certain Certificate and Plan of Merger filed on June 7, 2010 with the Florida Secretary of State, Atlantic Center merged with other entities into CDS ASJ Building, LLC, a Florida limited liability company ("CDS ASJ Building"); WHEREAS, pursuant to that certain Certificate and Plan of Merger filed on July 1, 2010 with the Florida Secretary of State, CDS AS] Building merged into the Developer; WHEREAS, CDR Atlantic Plaza delivered to Developer that certain Warranty Deed recorded September 13, 2010 in Official Records Book 24070, Page 611 of the Public Records of Pahn Beach County, Florida, wherein CDR Atlantic Plaza conveyed its interest in the property encumbered by the Declaration to the Developer; WHEREAS, the Parties amended the Declaration by that certain First Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7`h Avenue, dated October 27, 2010, and recorded November 12, 2010 in Official Records Book 24189, Page 200 of the Public Records of Palm Beach County, Florida, as amended by Second Amendment 5553084v2 to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7'h Avenue, dated March 15, 2011, and recorded March 29, 2011 in Official Records Book 24431, Page 407 of the Public Records of Palm Beach County, Florida, as amended by Third Amendment to Declaration of .Reserved Rights and Agreement Not to Further Encumber N.E. 70` Avenue, dated June 30, 2011, and recorded July 29, 2011 in Official Records Book 24662, Page 1970 of the Public Records of Palm Beach County, Florida, as amended by Fourth Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. .7t' Avenue, dated October 4, 2011, and recorded October 24, 2011 in Official Records Book 24812, Page 579 of the Public Records of Palm Beach County, Florida, as amended by Fifth Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E, 7a' Avenue, dated February 22, 2012, and recorded March 8, 2012 in Official Records Book 25058, Page 1465 of the Public Records of Palm Beach County, Florida (the Declaration and the related amendments collectively will be referred to herein as the "Agreement "). WHEREAS, the City and the Developer have agreed to extend the Site Plan Certification Deadline (as defined in the Agreement) and to modify the Agreement, pursuant to the terms set forth herein. NOW, TBEREFORE, in consideration of the sum of TEN & NO1100 DOLLARS, the mutual promises contained herein, and other good and valuable consideration between the parties, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals: Capitalized Terms: Conflict. The recitals set forth above are true and correct and are incorporated herein by this reference, as if set forth in their entirety. Any capitalized term not defined in this Sixth Amendment shall have the meaning ascribed to it in the Agreement. In the event of any conflict between the terms and conditions set forth in the Agreement and those set forth in this Sixth Amendment, the terms and conditions of this Sixth Amendment shall control. 2. Site Plan Certification Deadline. Section 2.a.(ii) of the Agreement is hereby deleted in its entirety and substituted with the following: (ii) obtain site plan certification for the Project from the City within e (548) seven htmdred and #vvefflty of (72S) eight h,.nd oa aBd e � teo3i (8 18) nine himdred eight theusa�a , one thousand five hundred and thirty eight (1,538) days following the SPRAB Approval Date (the "Site Plan Certification Deadline ") (the "Site Plan Certification Condition "). (The date on which the Developer obtains the site plan certification of the site plan shall hereinafter be defined as the "Site Plan, Certification Date "); provided 55530802 nothing herein shall be deemed an approval of extension for site plan approval; 3. Ratification. Except as expressly set forth in this Sixth Amendment, the Agreement is ratified and confirmed as written. 4. Counterparts. This Sixth Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Sixth Amendment. (.EXECUTION PAGES FOLLOW) sss3os4v2 IN WITNESS WHEREOF, the parties to this Sixth Amendment set their hands and seals the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA By:_ Name: Its: Date: The foregoing instrument was acknowledged before me this — day of , 2012, by , the of the CITY OF DELRAY BEACH, FLORIDA. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking AcImowledgrnent 55530902 WTI'NESSES: DEVELOPER CDS DELRAY REDEVELOPMENT, LLC, a Florida htnited liability company By: CDS GROUP HOLDINGS, L.L.C., a Florida limited liability company, its Manager Print Name: By: Print Name: STATE OF COtA,TY OF William H Milmoe, Manager The foregoing instrument was acknowledged before me this _ day of 21112, by William H. Mihnoe, the Manager of CDS Group Holdings, L.L.C., a Florida limited Liability company, the Manager of CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment 55530842 This instrument was prepared by and should be returned to: Brian Shutt, Esq. City Attorneys Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SIXTH AMENDMENT TO DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7`" AVENUE (Vacated 7a' Avenue) This Sixth Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7th Avenue (this "Sixth Amendment ") is entered into this _ of 2012, among the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City ") and CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company (the "Developer "). The City and the Developer are collectively referred to herein as the "Parties". WHEREAS, the City, Atlantic Center, Ltd., a Florida limited partnership ("Atlantic Center "), and CDR Atlantic Plaza, Ltd., a Florida limited partnership ("CDR Atlantic Plaza ") entered into that certain Declaration of Reserved Rights and Agreement Not to Encumber N.E. 70' Avenue (the "Declaration "), dated February 17, 2009 and recorded April 8, 2009 in Official. Records Book 23166, Page 1375 of the Public Records of Palm Beach County, Florida; WHEREAS, pursuant to that certain Certificate and Plan of Merger filed on June 7, 2010 with the Florida Secretary of State, Atlantic Center merged with other entities into CDS ASJ Building, LLC, a Florida limited liability company ("CDS ASJ Build ng ;7% WHEREAS, pursuant to that certain Certificate and Plan of Merger filed on July 1, 2010 with the Florida Secretary of State, CDS ASJ Building merged into the Developer; WHEREAS, CDR Atlantic Plaza delivered to Developer that certain Warranty Deed recorded September 13, 2010 in Official Records Book 24070, Page 611 of the Public Records of Palm Beach County, Florida, wherein CDR Atlantic Plaza conveyed its interest in the property encumbered by the Declaration to the Developer; WHEREAS, the Parties amended the Declaration by that certain First Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 76 Avenue, dated October 27, 2010, and recorded November 12, 2010 in Official Records Book 24189, Page 200 of the Public Records of Palm Beach County, Florida, as amended by Second Amendment 5553084x2 to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7e' Avenue, dated March 15, 2011, and recorded March 29, 2011 in Official Records Book 24431, Page 407 of the Public Records of Palm Beach County, Florida, as amended by Third Amendment to Declaration of Reserved Rights and Agreement Not to Further Encumber N.E, 7"' Avenue, dated June 30, 2011, and recorded July 29, 2011 in Official Records Book 24662, Page 1970 of the Public Records of Palm Beach County, Florida, as amended by Fourth Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. .7" Avenue, dated October 4, 2011, and recorded October 24, 2011 in Official Records Book 24812, Page 579 of the Public Records of Palm Beach County, Florida, as amended by Fifth Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 76 Avenue, dated February 22, 2012, and recorded March 8, 2012 in Official Records Book 25 05 8, Page 1465 of the Public Records of Palm Beach County, Florida (the Declaration and the related amendments collectively will be referred to herein as the "Agreement "). WHEREAS, the City and the Developer have agreed to extend the Site Plan Certification Deadline (as defined in the Agreement) and to modify the Agreement, pursuant to the terms set forth herein. NOW, THEREFORE, in consideration of the sum of TEN & NO 1100 DOLLARS, the mutual promises contained herein, and other good and valuable consideration between the parties, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals: Capitalized Terms: Conflict. The recitals set forth above are true and correct and are incorporated herein by this reference, as if set forth in their entirety. Any capitalized term not defined in this Sixth Amendment shall have the meaning ascribed to it in the Agreement. in the event of any conflict between the terms and conditions set forth in the Agreement and those set forth in this Sixth Amendment, the terms and conditions of this Sixth Amendment shall control. 2. Site Plan Certification .Deadline. Section 2.a.(ii) of the Agreement is hereby deleted in its entirety and substituted with the following: (ii) obtain site plan certification for the Project from the City within X728) ei& _ hundred _and eigl#een -(818) Pine hundred e-iglA (98S) ene theusand eigbly eight (1,088) one diousa one thousand five hundred and thirty eight (1,538) days following the SPRAB Approval Date (the "Site Plan Certification Deadline ") (the "Site Plan Certification Condition "). (The date on which the Developer obtains the site plan certification of the site plan shall hereinafter be defined as the "Site Plan. Certification Date "); provided 5553084v2 nothing herein shall be deemed an approval of extension for site Plan approval; 3. Ratification. Except as expressly set forth in this Sixth Amendment, the Agreement is ratified and confirmed as written. 4. Counterparts. This Sixth Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Sixth Amendment. (EXECUTION PAGES FOLLOW) 5553084v2 1N WITNESS WHEREOF, the parties to this Sixth Amendment set their hands and seals the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: _ City Attorney STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA By: _ Name: Its: Date: The foregoing instrument was acknowledged before me this _ day of , 2012, by , the of the CITY OF DELRAY BEACH, FLORIDA. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taldng Acknowledgment 55530942 WITNESSES: DEVELOPER CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company By: CDS GROUP HOLDINGS, L.L.C., a Florida limited liability company, its Manager Print Name: By: Print Name: STATE OF COUNTY OF William K Milmoe, Manager The foregoing instrument was acknowledged before me this _ day of 2012, by William H. Milmoe, the Manager of CDS Group Holdings, L.L.C., a Florida limited liability company, the Manager of CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company, on behalf of the company. Ile is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment 5553084v2 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 RIGHT -OF WAY DEED ACCEPTANCE/ 231 S.E. 3RD AVE ITEM BEFORE COMMISSION Acceptance of a Right -of -Way Deed for two feet (2') of alley right -of -way dedication. BACKGROUND Page 1 of 1 The owner submitted a building permit application for internal and external renovations of subject residence, located at 231 S.E. 3rd Avenue. The subject property is an existing single family residence located on the east side of S.E. 3rd Avenue, south of S.E. 2nd Street and abuts a sixteen foot (16') alley. Refer to attached location map. Pursuant to LDR Section 5.3.1(13)(2), the required minimum width of an alley is twenty feet (20'). The current dedicated alley right -of -way is sixteen feet (16'). Therefore, a dedication equivalent to one -half the additional right -of -way (i.e. two feet) from the east property line is required. This dedication is described within the attached "Exhibit A ". RECOMMENDATION Staff recommends acceptance of the right -of-- -way deed. http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 5839 &MectingID =384 8/3/2012 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT -OF -WAX DEED THIS INDENTURE made this ate day of .Jt. wde- , kan»ul;�A , with a mailing address of .; .?/ S z- c7 .411z- /ft QgzeAJ as parry of the first part and CITY BEACH, FLORIDA, a Florida municipal corporation with a mailing address Avenue, Delray Beach, Florida 33444, as parry of the second part. WITNESSETH: 2019 between OF DELRAY of 100 N.W. 1st That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part hag in and to the following- described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A' attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part; its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made; executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, -the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it that it has good right and lawful authority to grant the above - described right -of -way and that the same is unencumbered. Where the context of this Right-of-Way Deed. allows or permits, the same shall include the successors or assigns of the parties. - TO HAVE AND TO HOLD THE SAME, together- with all and singular. the appurtenances thereto belonging or in anywise incident or appertaining, and all the .estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or iri equity to the only proper use, benefit, and behalf of the. said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. and delivered PARTY OF THE FIRST PART By:C� - L 1 � iROi� � E' 1� �i ,ti nz•.7"" KJtJC.d� Y K.✓ �^ >/_:J�.� or typed) (Name printed or typed) �l s c.s' Avg Pfl al�_2)'t7 (Address) (Name printed or typed) STATE OF f:(-VP, " COUNTY OF f -=A-C,4 The foregoing instrument was acknowledged before me this 2_0�ay of 20� rby Ecnridh j, ea me who is personally known to me or has produced VA DA as identification. A qA- 0&"7o45 • ��c.�,lc.�� _ � -fir Signature of Notary Public - State of Florida ,_` %..r U�!C+ELLER�hINElONASEtl1 •• �',�' Comm +seior, � DD 834382 2�• '�s `�.XUiresflcCober23,28ti3 ..�J? ionda7Shtutmyfainlnsu :anzfl00.3857019 2 LEGAL DESCRIPTION FOR A 2 FOOT BY 100 FOOT STRIP DEDICATED TO THE CITY OF DELRAY BEACH, FLORIDA. BEING MORE PARTICLILALY DESCRIBED AS FOLLOWS: BEGINING AT A FOUND %" IRON PIPE AT THE NORTHEAST CORNER OF LOTS 8 & 9, BLOCK 95, OF LINNS ADD. TO OSCEOLA PARK AS RECORDED IN PLAT BOOK 1, PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH, FLORIDA, SUCH CORNER IS A COMMON CORNER OF LOT 7, BLOCK 95 OF SAID PLAT AND LIES ON THE WEST LINE OF A 16 FOOT WIDE DEDICATED ALLEY THENCE NORTH 89 °09'00" WEST ALONG THE NORTH LINE OF SAID LOTS 8 & 9, BLOCK 95 OF SAID PLAT A DISTANCE OF 2.00 FEET TO AN IRON ROD & CAP LB 7965 TO BE SET; THENCE SOUTH 00 °00'00" EAST A DISTANCE OF 100.00 FEET TO AN IRON ROD & CAP LB 7965 TO BE SET IN THE SOUTHERLY LINE OF SAID LOTS 8 & 9, BLOCK 95 OF SAID PLAT; THENCE SOUTH 89 °09'00" EAST DISTANCE OF 2.00 FEET TO A FOUND %" IRON PIPE AT THE SOUTHEAST CORNER OF SAID LOTS 8 & 9, BLOCK 95 OF SAID PLAT AND SUCH CORNER IS A COMMON CORNER OF LOT 10, BLOCK 9S OF SAID PLAT AND LIES ON THE WEST LINE OF SAID 16 FOOT DEDICATED ALLEY; THENCE NORTH 00 000'00" EAST ALONG THE WEST LINE OF THE 16 FOOT DEDICATE ALLEY A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET OR 0.00459 ACRES. RONALD W. WALLING P.S.M. 6473 ALL FLORIDA SURVEYING INC. 1263 HAMMONDVILLE RD POMPANO BEACH, FL 33069 OFFICE: 954 788 8998 FAX: 954 788 8992 �1YJJ 7i. Ol avw 0 °Mw Z �i �4 10 0 -1Z��W W iZv� -j > _IQ�M�Ox Q n vJ s N Q �l • ICI a II w< F l) O N J N 2 Z S F m OZ Og w W K Np Z F W Or Q 7 Oa Om U 0= z W C °r ° oo O rc L F ° ym Mj a i W Z Z r O Z ® °z¢ o aj p O K R W o F oa W 7j W r � ¢ N "�7 �v � = u�+i�m W o w z W �a o o W 2 o gj oWy F i z m ® oz°O N a i E i°aWO1wi1w10 ° F� a`ct, w a Y Z R� F V a m a = o g ocvoi aW ¢ °z zoz Z 0 Z Zi�na ^a rr�Yl as a csi p w:?�W "ate �ZS.° Z_ o un,i°. o 0 °y' �^ F �=o oao� mo m 2(k�a n (/� o oazwSN2�ya?°4�o a -'oSS po=r a a O m z °oa o az' wa:z a z� rm�-Tn p to N' 0 o. a �x I a a� y F o•a mw w vzi z F- r oioz7$m do of z F da��ymz m�ZFNO fi Z 55 aY �S LZi >u N N Z W 0 z aZJ � Z U ! 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Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: July 26, 2012 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 APPROVE AN EASEMENT AGREEMENT WITH FPL FOR LIFT STATION 100A Page 1 of 1 ITEM BEFORE COMMISSION Approve an FPL easement at Veteran's Park for the placement of a new switchgear cabinet and transformer required to serve the Lift Station 100A Upgrade project, P/N 2011 -041. BACKGROUND Lift Station 100A is located at the northeast corner of Veteran's Park, northeast of the shuffleboard courts. On June 5, 2012, City Commission approved the award to Intercounty Engineering, Inc. for construction the Wastewater Lift Station 100A Upgrade project, and on June 19, 2012, City Commission approved payment to FPL for the s cope of work required in upgrading the electrical service to the lift station, which consists of installing a new switchgear cabinet, pad mounted transformer, and associated wiring to the power pole. Associated with FPL's new equipment is a request for an easement, a 6'x 26' area adjacent to an existing 10' wide utility easement that traverses the property north and south. The new switchgear cabinet and transformer will be placed over this 156 sf area. FPL requests execution of their "Easement for Corporations" form, which will be contingent upon the appropriate revisions to the signature page, i.e., "Mayor" vs. "President" and "City Clerk" vs. Secretary. RECOMMENDATION Staff recommends approval of the easement and the FPL "Easement for Corporations" form. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5811 &MeetingID =384 8/3/2012 0 FPL. Easement Instructions POWERING TODAY. EMPOWERING TOMORROW.- Enclosed is the easement form required by FPL to provide electric service to the above referenced facility. Please complete the instrument according to the following instructions. DESCRIBE, EXECUTE and RECORD the easement and return a recorded copy to your Project Manager. This easement needs to be returned to FPL prior to installing and energizing your proposed facility. Failure to do so could delay the timely installation of your electric facilities. Parcel I. D. #: Enter Parcel I. D. # in the upper left portion of the easement form. Describe Easement: Use the blank area in the middle of the form to describe the easement. If additional space is required, an Exhibit "A" attached as a 2nd sheet to the instrument may be used. Metes & bounds may be used but a center line description is most common. A pictorial view of the easement may also be attached as an Exhibit "A ". Easements are usually 1Oft in width, 5ft on either side of FPL facilities to be installed, Signing and Witnessing: A. For Individuals: All persons shown on the deed must sign the easement. Enter date in space provided. Sign on the indicated lines on the right side in the presence of two (2) separate witnesses, who sign on the lines to the left, and a notary public who completes the acknowledgement forms as described below. The notary public may be one of the witnesses and if so must sign at the left in the space provided. B. For Corporations: Enter date in space provided. The President, or Vice - President and the Secretary or an Assistant Secretary sign on lines indicated on the right, filling in their title below, in the presence of two (2) separate witnesses, who sign on the lines to the left, and a notary public who completes the acknowledgement forms as described below. The corporate seal must be affixed adjacent to the officer's signatures. Acknowledgements: The notary public should legibly fill in all blanks, including state and county of execution, names of individuals or officers signing and their titles, state or county where empowered to act, expiration date of commission, fill in the date, sign on line provided, and affix seal adjacent to the signature of the notary public. Record the Easement: If there are any questions with regards to the easement, please call your Project Manager prior to recording the easement. Have the easement Recorded at your local governing body. Only the unaltered FPL standard easement form (form 3722) will be accepted by FPL. Rev. 11107 0 FPL. POWERING TODAY, EMPOWERING TOMORROW.' Work Request # Sec._, Twp _ S, Rge _ E Parcel I.D. (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 11107 Easement for Corporations This Instrument Prepared By Name: Co. Name: Florida Power & Light Compan v Address: pg of FPL use only The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement feet in width described as follows: Easement Description Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_. Signed, sealed and delivered in the presence of: orpora e s name (Witness' Signature) Print Name: (Witness) Print STATE OF this (Witness' Signature) (Witness) AND COUNTY OF day of a known to me or have produced Identification) My Commission Expires: By: (President' s signature) Print Name: Print Address: Attest: (Secretary s signature) Print Name: Print Address: 20 respectively the _ (Corporate Seal) The foregoing instrument was acknowledged before me by , and President and Secretary of corporation, on behalf of said corporation, who are personally as identification, and who did (did not) take an oath. (Type of Notary Public, Signature Print Name Form 3722, Rev. 11/07 a FPL, POWERING TODAY. EfAMWERI:NG TOYGRROW .' Exhibit Section Township S, Range E County, Florida Scale: FPL Work Request # *If possible, please provide a pictoral view Reserved for Circuit Court Indicate North Form 3722, Rev. 11107 SKETCH & DESCRIPTION LOCATION MAP NOT TO SCALE SURVEY NOTES: 1. BEARINGS DEPICTED HEREON ARE RELATIVE TO THE NORTH LINE OF TRACT A AS DEPICTED ON THE PLAT OF VETERANS PARK AS RECORDED IN PLAT BOOK 75, PAGE 169 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LINE HAVING A BEARING OF NORTH 90'00'00" EAST AS DEPICTED ON SAID PLAT. 2. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED ' SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 3. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND /OR EASEMENTS OF RECORD. 4. THE LICENSED BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS LB #6599, THE CERTIFYING SURVEYORS LICENSE NUMBER IS LS #5888. 5. THIS IS NOT A SURVEY. Dennis J. Leavy & Associates, Inc. Land Surveyors * Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 Phone: 561 753 -0650 Fax: 561 753 -0290 6 AM EDT SKETCH & DESCRIPTION For: Mathews Counsulting, Inc. DRAWN: RRM SCALE: N/A DATE: 07 /10/12 CHK: DB : 1 OF 4 NE 1 ST COURT Q THIS SITE w w NE 1ST STREET Q 3 LOWERY w J STREET >Q = Z J Q � Q I=— c0 r W = O U W UW Q Z L►- W z EAST ATLANTIC AVE. LOCATION MAP NOT TO SCALE SURVEY NOTES: 1. BEARINGS DEPICTED HEREON ARE RELATIVE TO THE NORTH LINE OF TRACT A AS DEPICTED ON THE PLAT OF VETERANS PARK AS RECORDED IN PLAT BOOK 75, PAGE 169 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LINE HAVING A BEARING OF NORTH 90'00'00" EAST AS DEPICTED ON SAID PLAT. 2. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED ' SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 3. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY AND /OR EASEMENTS OF RECORD. 4. THE LICENSED BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS LB #6599, THE CERTIFYING SURVEYORS LICENSE NUMBER IS LS #5888. 5. THIS IS NOT A SURVEY. Dennis J. Leavy & Associates, Inc. Land Surveyors * Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 Phone: 561 753 -0650 Fax: 561 753 -0290 6 AM EDT SKETCH & DESCRIPTION For: Mathews Counsulting, Inc. DRAWN: RRM SCALE: N/A DATE: 07 /10/12 CHK: DB : 1 OF 4 DESCRIPTION: A 6.00 foot wide strip of land lying within TRACT A of the PLAT OF VETERANS PARK according to the plot thereof, as recorded in Plat Book 75, Page 169 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Northeast corner of said TRACT A; thence North 90'00'00" West (as a Basis of Bearings) along the North line of said TRACT A, distance of 10.09 feet to a point being on the West line of a 10 foot wide Utility Easement as shown on said plot; thence South 07'39'35" West along the West line of said 10 foot wide Utility Easement, a distance of 49.71 feet to the POINT OF BEGINNING; thence continue South 07'39'35" West along said West line, a distance of 26.00 feet; thence North 82'20'25" West, a distance of 6.00 feet to a point being on a line lying 6.00 feet West of and parallel with (as measured at right angles) the West line of said 10 foot wide Utility Easement; thence North 07'39'35" East along said parallel line, a distance of 26.00 feet; thence South 82'20'25" East, a distance of 6.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Section 16, Township 46 South, Range 43 East, Palm Beach County, Florida. Containing 156 square feet, more or less. LEGEND- P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. = PLAT BOOK P.B.C.R. = PALM BEACH COUNTY RECORDS PG. = PAGE (P) = PER THE "PLAT OF VETERANS PARK ", RECORDED IN PLAT BOOK 75, PAGE 169, PALM BEACH COUNTY RECORDS, PALM BEACH COUNTY, FLORIDA Dennis J. Leavy & Associates, Inc. Land Surveyors * Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 Phone: 561 753 -0650 Fax: 561 753 -0290 SKETCH & DESCRIPTION For: Mathews Counsulting, Inc. DRAWN: RRM SCALE: N/A DATE: 07 /10/12 CHK: DB IJOB# Fpr ckFTru SHEET:2 OF 4, TRACT B (P) R m Q N Q OF) � N U w I— CD Q Ln N.E. 1 ST STREET NORTH LINE OF TRACT A (P) w Q Q co Q 0 w EAST ATLANTIC AVE. 800' 400' o Soo' GRAPHIC SCALE IN FEET SCALE: 1" = 100' Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: Mathews Counsulting, Inc. 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 DRAWN: RRM SCALE: 1" =100' DATE:07 /10/12 Phone: 561 753 -0650 Fax: 561 753 -0290 CHK: DB IJOB# ISHEET: 3 OF 4/ J N90'00'00 "E 297.42' (Bearing Base) j DESCRIBED AREA 1 (156 SQUARE FEET) a 1 z TRACT A 1 (P) l 1 :j- O 1 w Q Q co Q 0 w EAST ATLANTIC AVE. 800' 400' o Soo' GRAPHIC SCALE IN FEET SCALE: 1" = 100' Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: Mathews Counsulting, Inc. 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 DRAWN: RRM SCALE: 1" =100' DATE:07 /10/12 Phone: 561 753 -0650 Fax: 561 753 -0290 CHK: DB IJOB# ISHEET: 3 OF 4/ NORTH LINE OF TRACT A (P) TRACT B (P) -,,,, V N90 °00'00 "E (BEARING BASE) S82020'25 "E 6.00' N07'39'35 "E ; 26.00' 6.00' a TRACT A CP (P) { N82'20'25 "W j 6.00' l QUEST LINE OF 10'- -- , WIDE UTILITY EASEMENT (P) f It 4P fI to N+ I 7) I ` � In ' r\ 4-) 0 10 Dennis J. Leavy & Associates, Inc. Land Surveyors * Mappers 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 Phone: 561 753 -0650 Fax: 561 753 -0290 N90'00'00 "W 10.09' POINT OF COMMENCEMENT NORTHEAST CORNER OF TRACT A (P) EAST LINE OF TRACT A (P) POINT OF BEGINNING S07'39' 35" W 26.00' - DESCRIBED AREA (156 SQUARE FEET) 10' UTILITY EASEMENT (P) 20' 70, 0 20' GRAPHIC SCALE IN FEET SCALE: 1" = 20' SKETCH & DESCRIPTION For: Mathews Counsulting, Inc. DRAWN: RRM SCALE: 1"=20' DATE: 07 /10/12 CHK; D6 JOBS cpi cuFTru JSHEET:4 OF 4j Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 27, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM S.E. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 ACCEPTANCE OF A DRAINAGE EASEMENT/ SW DELRAY ONE. LLC/ SAXENA WHITE LAW OFFICE ITEM BEFORE COMMISSION Acceptance of a Drainage Easement Deed for the Saxena White Law Office, located at 111 S.E. 1 st Avenue. BACKGROUND The subject property is located on the east side of S.E. 1st Avenue; just south of S.E. 1st Street and north of S.E. 2nd Street. Refer to attached location map. In order to provide proper drainage at the S.E. 1st Avenue ingress /egress, a drainage structure is being installed on the Saxena White side of the right -of -way line. As a result, a 100- square foot drainage easement is required so the City crews can access and perform maintenance operations if the structure is not maintained by Saxena White. RECOMMENDATION Staff recommends acceptance of the drainage easement deed. http:// itwebapp/ AgendaIntranetBluesheet .aspx ?ItemlD= 5813 &MeetinglD =384 8/3/2012 0 Prepared by: RETURN: R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st avenue Delray Beach, Florida 33444 PIM: EASEMENT DEED INDENTURE, made this 71v day of Jor%,P— , 2012, by and between .y ONe , with a mailing address of l l g 4 -,"e 4A- aV7 d oGe, 44 4.1— 1%L , party of the first part, and the ELRAY BE AC, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETII: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens .encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. Print Name: 1s- Print Name: P TY OF THE FIRST PART By: Prin ame: Li-114,k . STATE OF FLORIDA COUNTY OFD' =� The foregoing instrument was acknowledged before me this day of -Z �C .r , 201a by Seseb6 W K, fv, (name of officer or agent, title of officer or agent) of S%l pelt-ow 0n2. Ue, (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. Ile /She is ersonn ly known o me or has produced (type of identification) as identification. o aature%f Notary Public - State of Florida r��;. "• %�. °°�� TAMMY A. MELYCHER * MY COMMISSION 0 EE 067933 EXPIRES: May 28, 2013 -1°"O"' vl Banded Thru Budget Notary 5erhes SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET 1 OF 2 PA L D. tNGLE SOUTH LINE] SURVEYOR tYlAP YER ��5708 TRACT i DATE. • JUNE 21, 2012 25.0' 0 BRIEN SUI TER & O'BRIEN, INC CERTIFICATE OF AUTHORIZATION SURVEYOR AND MAPPER IN RESP CHARGE.- PAUL D. ENGLE 955 N. W. 17TH A VENUE, SUITE K DELRAY BEACH FLORIDA 33445 ORDER NO. 04 -1IIAB 'DRAINAGE EASEMENT" (561) 276 - -4501 (561) 732 -3279 N.W. CORNER TRACT 'B" & POINT OF COMMENCEMENT 25.0' NOTES.- z NORTH LINE THIS IS NOT A SURVEY i TRACT 18" ° z CENTERLINE ,Z,' THE WEST LINE OF TRACT "B" O o IS ASSUMED TO BEAR Q) 5.0000100'E 1 N.90 000'00 "W. 10 00' a 0 DESCRIPTION OF 10' DRAINAGE EASEMENT. o 10.00' oo N.0 000100 "W. THAT PORTION OF TRACT l ?" MIRAFLORES m 1 ° 10.00' AT DELRAY, AS RECORDED IN PLAT BOOK cQ) 5.90000100't. 108, PAGES 184 AND 185 OF THE PUBLIC , RECORDS OF PALM BEACH COUNTY, a FLORIDA, DESCRIBED AS FOLLOWS.• QQ COMMENCING AT THE NORTHWEST CORNER OF tr i SAID TRACT 'B'; THENCE .300001001E, ALONG THE WEST LINE OF SAID TRACT I?", A DISTANCE OF 30.00 FEET TO THE s POINT OF BEGINNING, THENCE CONTINUE �- S0000100 "E., ALONG SAID WEST LINE, A DISTANCE OF 10.00 FEET, • THENCE o v U Q S.90`001001E, A DISTANCE OF 10.00 Q FEET; THENCE N 0 °00'00 "W., A DISTANCE "W., z OF 10.00 FEET; THENCE N.90 °00'00 y A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING EASEMENT AREA = 100 SQUARE FEET, MORE OR LESS. PA L D. tNGLE SOUTH LINE] SURVEYOR tYlAP YER ��5708 TRACT i DATE. • JUNE 21, 2012 25.0' 0 BRIEN SUI TER & O'BRIEN, INC CERTIFICATE OF AUTHORIZATION SURVEYOR AND MAPPER IN RESP CHARGE.- PAUL D. ENGLE 955 N. W. 17TH A VENUE, SUITE K DELRAY BEACH FLORIDA 33445 ORDER NO. 04 -1IIAB 'DRAINAGE EASEMENT" (561) 276 - -4501 (561) 732 -3279 m Tr s. ro, ils i to to T—W 7f7 i j9F_ SELI st Ave nue S. inton V_ muwl .a Li CL op! PA, 6 151. L 1. s. ro, ils i to to T—W 7f7 i j9F_ SELI st Ave nue S. inton V_ muwl .a Li 0 ief PA, 6 151. L 0 ief Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: July 30, 2012 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 ACCEPTANCE OF A SANITARY SEWER EASEMENT DEEDMARBOURS EDGE ITEM BEFORE COMMISSION Acceptance of a Sanitary Sewer Easement Deed for an existing sanitary sewer main. BACKGROUND Page 1 of 1 Harbour's Edge Health Center is located at 401 E. Linton Blvd, north of E. Linton Boulevard and east of S. Federal Highway. In July 2012, Harbour's Edge received Site Plan certification for miscellaneous renovations, which included the addition of a new kitchen facility. Upon review, it was discovered that a portion of an existing sanitary sewer main was not in a sanitary sewer easement. Therefore, a sanitary sewer easement is being provided so City crews can access and perform maintenance operations associated with this sanitary sewer main. RECOMMENDATION Staff recommends acceptance of sanitary sewer easement deed. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5824 &MeetingID =384 8/3/2012 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this 28th day of June, 2012, by and between Lifespace Communities, Inc., with a mailing address of 100 East Grand Avenue, Suite 200, Des Moines, IA 50309, parry of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a sewer main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such sewer main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above- described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: INiI At1Y, (name printed or typed) WITNESS 42: (name printed or typed) STATE OF 1 1 A, COUNTY OF PARTY OF THE FIRST PART The foregoing instrument was acknowledged before me this ` q day of 2012 by`,c'� (name of officer or agent), of bWUnjjjC5 (name of corporation), a -1 (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 and did/did not take an oath. Signature of Notary Public - State of �;. u) a-., NICOLE SUE TOWERS (SEAT,) $4 Commaston Number M My Commission Expires o 6119. 20 2 LEGAL DESCRIPTION: (12' SANITARY SEWER EASEMENT) A strip of land 12 feet wide lying in TRACT "A ", HARBOUR'S EDGE PLAT 1, Plat Book 52, Pages 178 and 179, of the Public Records of Palm Beach County, Florida, the centerline of said strip being more particularly described as follows: COMMENCE at the Southwest corner of TRACT "E" of said HARBOUR'S EDGE PLAT 1; Thence South 00'12'03" East along the Westerly boundary of said TRACT 'A ", a distance of 30.14 feet; Thence North 89 "47'57" East, a distance of 14.00 feet to a point on the Northerly line of that certain 12 foot wide Utility Easement as shown on said HARBOUR'S EDGE PLAT 1; Thence North 83'5559" East along said Northerly z Easement line, a distance of 10.45 feet to the POiNT OF BEGINNING, Thence North 01'20'50" East, a W distance of 8.34 feet, Thence North 85'11'57" East, a distance of 213.62 feet; Thence South 86 °42'06" w East, a distance of 285.17 feet to a POINT OF TERMINUS. The sidelines of sold strip are lengthened or shortened to intersect with the Northerly line of that certain 12 foot wide Utility Easement as shown on said HARBOUR'S EDGE PLAT 1 at the Point of Beginning described herein and to form a continuous 12 foot wide easement intentionally overlapping said platted Easement for all remaining instances. Subject to existing easements, rights —of —way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida. NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND iS NOT VALID. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES 1S PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY 181 GROUP, INC. FOR EASEMENTS AND RIGHTS —OF —WAY OF RECORD. 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY. 4. BEARINGS ARE BASED ON THE WEST BOUNDARY OF TRACT s1 ", HARBOUR'S EDGE PLAT 1, PLAT BOOK 52, PAGES 178 AND 179, PALM BEACH COUNTY RECORDS, SAID WEST BOUNDARY HAVING A BEARING OF NORTH 00 °12'03" WEST. 5. IBI GROUP, iNC.'S CERTIFICATE OF AUTHORIZATION NO. LB5610 IS ISSUED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. REVISIONS DATE y h a ,G Q O N� E M LL, O H LEI LEI 2 0 CERTIFICATION: 1114- I HEREBY CERTIFY that the attached Sketch and Description is true and correct to the be: i of my knowledge and belief and that it meets the Minimum Technical Slcndards set �.{. forth by the Florida Boat,d of Profession -if Surveyors And V Mappers in Chapter 5J- 17.050 through 5J- 17.052, Florida O Administrative Code. For The Firm: BY iBi Group, Inc. / 7r WILLIAM N. FIELD, P'.S.M' w PROFESSIONAL SURVEYOR and MAPPER f5999 STATE OF FLORIDA N DATE: DRAWN CI'ECKED I FIELD 5/08/12 1 BY BF I BY I 1300 N /A IBI CROUP, Inc. IBI # LB 5610 ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS GROUP 2200 PARK CENTRAL BLVD. N. 2300 MAITLAND CENTER PARKWAY SUITE 100 SUITE 101 POMPANO BEACH. FLORIDA, 33064 MAITLAND. FLORIDA, 32751 (954) 974 -2200 (407) 660 -2120 (SKETCH AND DESCRIPTION ONLY — NOT A SURVEY) LEGAL DESCRIPTION: (12' SANITARY SEWER EASEMENT) A strip of land 12 feet wide lying in TRACT "A ", HARBOUR'S EDGE PLAT 1, Plat Book 52, Pages 178 and 179, of the Public Records of Palm Beach County, Florida, the centerline of said strip being more particularly described as follows: COMMENCE at the Southwest corner of TRACT "E" of said HARBOUR'S EDGE PLAT 1; Thence South 00'12'03" East along the Westerly boundary of said TRACT 'A ", a distance of 30.14 feet; Thence North 89 "47'57" East, a distance of 14.00 feet to a point on the Northerly line of that certain 12 foot wide Utility Easement as shown on said HARBOUR'S EDGE PLAT 1; Thence North 83'5559" East along said Northerly z Easement line, a distance of 10.45 feet to the POiNT OF BEGINNING, Thence North 01'20'50" East, a W distance of 8.34 feet, Thence North 85'11'57" East, a distance of 213.62 feet; Thence South 86 °42'06" w East, a distance of 285.17 feet to a POINT OF TERMINUS. The sidelines of sold strip are lengthened or shortened to intersect with the Northerly line of that certain 12 foot wide Utility Easement as shown on said HARBOUR'S EDGE PLAT 1 at the Point of Beginning described herein and to form a continuous 12 foot wide easement intentionally overlapping said platted Easement for all remaining instances. Subject to existing easements, rights —of —way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida. NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND iS NOT VALID. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES 1S PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY 181 GROUP, INC. FOR EASEMENTS AND RIGHTS —OF —WAY OF RECORD. 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY. 4. BEARINGS ARE BASED ON THE WEST BOUNDARY OF TRACT s1 ", HARBOUR'S EDGE PLAT 1, PLAT BOOK 52, PAGES 178 AND 179, PALM BEACH COUNTY RECORDS, SAID WEST BOUNDARY HAVING A BEARING OF NORTH 00 °12'03" WEST. 5. IBI GROUP, iNC.'S CERTIFICATE OF AUTHORIZATION NO. LB5610 IS ISSUED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. REVISIONS DATE y h a ,G Q O N� E M LL, O H LEI LEI 2 0 CERTIFICATION: 1114- I HEREBY CERTIFY that the attached Sketch and Description is true and correct to the be: i of my knowledge and belief and that it meets the Minimum Technical Slcndards set �.{. forth by the Florida Boat,d of Profession -if Surveyors And V Mappers in Chapter 5J- 17.050 through 5J- 17.052, Florida O Administrative Code. For The Firm: BY iBi Group, Inc. / 7r WILLIAM N. FIELD, P'.S.M' w PROFESSIONAL SURVEYOR and MAPPER f5999 STATE OF FLORIDA N DATE: DRAWN CI'ECKED I FIELD 5/08/12 1 BY BF I BY I 1300 N /A IBI GROUP POINT OF COMMENCEMENT SOUTHWEST CORNER TRACT "E° IBI GROUP, Inc. AUTHORIZATION III L9 5510 ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS 2200 PARK CENTRAL BLVD. N. 2300 MAITLAND CENTER PARKWAY SUITE 100 SLATE 101 POMPANO BEACH, FLORIDA, 33064 MAITLAND, FLORIDA, 32751 (954) 974 -2200 (407) 660 -2120 (12' SANITARY SEWER EASEMENT) TRACT "E' DEDICATED FOR PUBLIC MODEL LAND COMPANY'S RIGHT OF WAY, UTILITY, DRAINAGE MAP OF SECTION 21, TWP 46S, RGE 43E & OTHER PROPER PURPOSES (P.B. 52, PG. 178 & 179, P.B.C.R.) (P.B. 1, PG 128, P.B.C.R.) -- �„------- - - - - -- - - -- ----------- - - - - -- N. BOUNDARY IRACT A" TRACT - - - - -- „ E » ---- -_ - - -- 12' U.E. (P.B. 52, PG. 178 & 179, P.B.C.R.) - -! - -- - - - - - - -- ---------------- - - - - -- �r HARBOURS EDGE PLAT 7 55' INGRESS/£GRESS EASEMENT & UTILITY EASEMENT 0 R B 3623, PG. 428, P.B.C.R.) _..L------------ - - - - -- ------------------------- - - -(_. +------------- - - - - -- — --- - - -�� (P. B. 52, PG. 178 & 179, P.B. C. R) �-12' U.r (P.B. 52, PG. 178 & 179, P.B.C.R.) ----- S88'42'06E - - -_L ----------- - - - - -- - - - -- - - - - -- ------------------------- i iP 2$5.17' In �, N85 °11'57 "E 213.62 t B.C.R.� ______ —___— ----- - - - - -- -- CO 52, PG- i78 & 179, P._ -` -- -- _ - CENTERLINE I I F- - 12' SAN/TARY SEWER EASEMENT rk! I NORTHERLY LINE 12' U.E. W CC I a POINT OFBEGINNING J o II N83 °5559 "E 10.45' z N89°4757"E 14.00' C) F- a I Q S II m I 1 m I I z i l i TRACT 'A„ HARBOUR'S EDGE PLAT 9 W I N LL (P.B. 52, PG 178 & 179, P.B.C.R.) O LLJ w z II q l� N I I L 1 m T R II � I ca ui II r I i C a I� I m C I IO o I i I LEGEND: d' o°� I O.R.B. = OFFICIAL RECORDS BOOK O cq i I I ` P.B. = PLAT BOOK I m I i I PG. = PAGE M 0 1 P.B.C.R. = PALM BEACH COUNTY RECORDS I U.E. = UTILITY EASEMENT REVISIONS DATE BY x v (SKETCH AND DESCRIPTION ONLY - NOT A SURVEY) xc rn � DATE: DRAWN CHECKED FIELD 5/08/12 BY BF BY BOOK N/A N (12' SANITARY SEWER EASEMENT) jkl- Scale: I' = 40' MODEL LAND COMPANY'S MAP OF SEC77ON 21, TWP 46S, RGE 43E (P.B. 1, PG. 128, P.B.C.R.) ��N BOUNDARY TRACT " "A_ _ I + -- ----------------- 2 U.E. (P.8 52, PG 178 & 179, P.B.C.R.) -� _ 30.' 1NGRESS/FGRESS EASEMENT j _ ---- ----- -------- -(O.R.B. 351, PG. 295, P.B.C:R.) - ------- - - - - -- _._ I 55' INGRESS/EGRESS'EASEMENT & UNLITY EASEMENT (O.R.S. 3623, PG. 428, P.B.C.R.) I f ____ ___ ! , -- - - - - -- --------------------------- -------------- - - - - -- -� — — _ —12' U.E (P.8 52, PG. 178 & 179, P.B.0 I) � `� — -- ----------------- - - - - -- ` I- - -� 1 I I r - - - -- \\ S86 °42'06 "E i i POINT OF 285.17' _ I i I TERMINUS i I - - -•— – L._..�.. -� - - - - -- �0-- � 12' U.E. (P.B.j52, PG. 178 & 179, 7 ------------- - - - - -- +... ICENTERLINE ~�� --------- - - - - -- - -- – – - - - -- W ^ '� 12' U.E. (PA 52, PG. 178 & 1179, P.B.C.R.) j I Iz 12'SAN/TARYSEWEREASEMENT `�__---- __– _ –__ -- I s� - - - - -- I 1 O !I CV I I I I I = IQ r I , I i 3t m y bi 0 O rn u-i rn a 0 TRACT 'A" HARBOUR'S EDGE PLAT 1 (P.B. 52, PG. 178 & 179, P.B.C.R.) LEGEND: O.R.B. = OFFICIAL RECORDS BOOK P.H. = PLAT BOOK PG. = PAGE P.B.C.R. = PALM BEACH COUNTY RECORDS U.E. = UTILITY E45EMENT t � I ti II I I d II o i III I I hit I IE I I LLj I I °" II ix) {I 11 t I II I II I II I II I � II y LL- O M F- 1.1 W S In T� V , Q REVISIONS DATE BY x U (SKETCH AND DESCRIPTION ONLY – NOT A SURVEY) Y V) DATE: DRAWN CHECKED FIELD 5/08/12 1 BY BF BY I BOOK N/A IBI CRO UP, Inc. IBI AUTHORIZATION # LB 5610 ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS GROUP 2200 PARK CENTRAL BLVD, N. 2300 MAITLAND CENTER PARKWAY SUITE 100 SUITE 101 POMPANO BEACH. FLORIDA, 33064 MAITLAND. FLORIDA, 32751 (954) 974 -2200 (407) 680 -2120 N (12' SANITARY SEWER EASEMENT) jkl- Scale: I' = 40' MODEL LAND COMPANY'S MAP OF SEC77ON 21, TWP 46S, RGE 43E (P.B. 1, PG. 128, P.B.C.R.) ��N BOUNDARY TRACT " "A_ _ I + -- ----------------- 2 U.E. (P.8 52, PG 178 & 179, P.B.C.R.) -� _ 30.' 1NGRESS/FGRESS EASEMENT j _ ---- ----- -------- -(O.R.B. 351, PG. 295, P.B.C:R.) - ------- - - - - -- _._ I 55' INGRESS/EGRESS'EASEMENT & UNLITY EASEMENT (O.R.S. 3623, PG. 428, P.B.C.R.) I f ____ ___ ! , -- - - - - -- --------------------------- -------------- - - - - -- -� — — _ —12' U.E (P.8 52, PG. 178 & 179, P.B.0 I) � `� — -- ----------------- - - - - -- ` I- - -� 1 I I r - - - -- \\ S86 °42'06 "E i i POINT OF 285.17' _ I i I TERMINUS i I - - -•— – L._..�.. -� - - - - -- �0-- � 12' U.E. (P.B.j52, PG. 178 & 179, 7 ------------- - - - - -- +... ICENTERLINE ~�� --------- - - - - -- - -- – – - - - -- W ^ '� 12' U.E. (PA 52, PG. 178 & 1179, P.B.C.R.) j I Iz 12'SAN/TARYSEWEREASEMENT `�__---- __– _ –__ -- I s� - - - - -- I 1 O !I CV I I I I I = IQ r I , I i 3t m y bi 0 O rn u-i rn a 0 TRACT 'A" HARBOUR'S EDGE PLAT 1 (P.B. 52, PG. 178 & 179, P.B.C.R.) LEGEND: O.R.B. = OFFICIAL RECORDS BOOK P.H. = PLAT BOOK PG. = PAGE P.B.C.R. = PALM BEACH COUNTY RECORDS U.E. = UTILITY E45EMENT t � I ti II I I d II o i III I I hit I IE I I LLj I I °" II ix) {I 11 t I II I II I II I II I � II y LL- O M F- 1.1 W S In T� V , Q REVISIONS DATE BY x U (SKETCH AND DESCRIPTION ONLY – NOT A SURVEY) Y V) DATE: DRAWN CHECKED FIELD 5/08/12 1 BY BF BY I BOOK N/A Aw CD CD c 13 0 LLI 4a C J > LLA Fo 0 Y. Y 11L, I 4 ri I . . . ♦ 0 - Llxi� JIj I 74L 7- -W747- 1 iO4A ------------ �WW Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: July 30, 2012 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 HOLD HARMLESS AGREEMENT/ 290 EAST ATLANTIC, LLC Page 1 of 1 ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement allowing installation of a dumpster with enclosure in a utility easement for Rack's Restaurant. BACKGROUND The subject property (former V.F.W. building) is located on the east side of S.E. 2nd Avenue, just south of E. Atlantic Avenue and north of S.E. 1 st Street, see attached location map. On the south side of Rack's Restaurant, an existing 16 -foot alley was abandoned and a 16 -foot wide utility easement was provided. Owner will be installing an enclosed dumpster in this utility easement. Due to location of the enclosure's supporting posts in utility easement, a Hold Harmless Agreement is required to hold City harmless for any damages that may occur during maintenance activities for our utilities in the utility easement. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within the utility easement by the Owner. RECOMMENDATION Staff recommends approval of the Hold Harmless Agreement. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5820 &MeetingID =384 8/3/2012 Prepared by: RETURN: R. Brian Shutt; Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT FOR IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 200_ by and between the CITY OF DELRAY BEACH, FLORIDA, (.hereinafter referred to as "CITY ") and 290 East Atlantic, LLC, (hereinafter referred to as "OWNER "). WITNESSETII: WHEREAS, OWNER owns property located at 5 SE 2nd Avenue, Delray Beach, Florida, and has requested CITY to allow for the installation of a dumpster with steel posts supporting gates and a fence screen in a public utility easement; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the dumpster with steel posts supporting gates and a fence screen as a result of maintenance within the public utility easement or any action brought against the CITY as a result of the installation of a dumpster with steel posts supporting gates and a fence screen in the public utility easement. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A ", which also shows or describes the public utility easement. 3. That OWNER wishes to install a Dumpster with gates and a side fence with posts set in concrete in the area, as shown on Exhibit "B ", in the public utility easement pursuant to the City of Delray Beach Code of Ordinances. Such gate support posts shall not be installed any closer than 3.0' to the public utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the dumpster with steel posts supporting gates and a fence screen and any improvements thereto, which OWNER places within the public utility easement and that OWNER shall be responsible for the upkeep and maintenance of such dumpster with steel posts supporting gates and a fence screen and associated improvements in the public utility easement in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the dumpster with steel posts supporting gates and a fence screen and improvements in the public utility easement. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the dumpster with steel posts supporting gates and a fence screen and associated improvements OWNER places within the public utility easement. It is understood that any cost for replacement or repair of the dumpster with steel posts supporting gates and a fence screen and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for 2 any damage to the dumpster with steel posts supporting gates and a fence screen and associated improvements as a result of any maintenance or construction within the public utility easement by the CITY. 6. The CITY may request, in its sole discretion, that the dumpster with steel posts supporting gates and a fence screen be removed from the public easement. In the event of such request, OWNER agrees to remove the dumpster with steel posts supporting gates and a fence screen from the public easement within 30 days of the CITY mailing written notice to the OWNER. If OWNER fails to remove the dumpster with steel posts supporting gates and a fence screen from the public easement within 30 days of the CITY mailing the written notice to OWNER, the CITY may remove the dumpster with steel posts supporting gates and a fence screen and bill the OWNER for such removal costs. 7, All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address_ CITY: Environmental Services Director City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: 290 East Atlantic, LLC 200 SW 2nd Street Suite A Fort Lauderdale, Florida 33301 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 3 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA [. C�1 ►.�I�:ii By:�°"� (Print or Type Name) -A (SEAL) Tit The foregoing instrument was acknowledged before me this day of 204 2•by , i (�: �� ; - , (name of officer or agent), of ( , - -w State..or ce of name of co orati a ( . incorporation) corpora'ion, on behalf of the corporation. He /She p sonally known t me or has produced (type I identif� an) as- ' and did/did not take an oath. � � P/�' ..�_. �.. ate d`iPFY ^uA•1 ' "'• "•1'x%;1; $ MARGOLIES (SEAL) '_° " °'' "y i'uhi.c State or Florida '•; s : 4�, Comm Expo es Nov 14, 2014 fomrms¢ror N EE 4f724 •: nden Thy::; al Notary Assr1. 4 is - pY RIE S. MARGOLIES oublic - .State of Florida . EXPlres Nov 14, 2014 ission # EE 41724 roup I �� anal Notary Assn. (r C) -V) Ld 0 F- ISE �L W5 -21'. ;PEI X �cr LA� U.J. j.A o- Z tkj LL, to LLJ hs 'two... Z.w rnl.Li C<L 10 —4 44 ter Y Li 'LL >-. LOO WIT Ll.. L13 0 z K.Lm L6- 5; w c) 'd * ww W. .0 0 -j UJ E > -a -� ? Ft-: Gj- Li- -Ir ry, V) c tU So .CV) on----------------- 7. sy AWO CL. LLI CV -ro, =,U 0) uj Cal) W Tx (124L -j. LL-j. w (r 0 LU w LU CL V io 97 iv zo 0, .CV) on----------------- 7. sy AWO CL. LLI CV -ro, =,U 0) uj Cal) W Tx (124L -j. LL-j. w (r 0 LU w LU CL r � • � T V. . , r P 146 •r A. n Av n u c 'r T 1 i A" 71 fr s, a. i rrl �nr.. i � I � �w a MOIL[ i .fit venue . � i �� ! ,fit ` ►' i r Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 1, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT: HARBOR PLAZA ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a landscape maintenance and hold harmless agreement associated with the Harbor Plaza project located at the northeast corner of South Federal Highway and Linton Boulevard (1725 South Federal Highway). BACKGROUND The property consists of Tract A of the Old Harbor Plaza Plat No. 2 subdivision and consists of 5.73 acres. At its meeting of June 13, 2012, the Site Plan Review and Appearance Board approved a Class IV site plan modification for Harbor Plaza. The project includes the demolition of 17,060 square feet of the existing commercial plaza and construction of a 23,740 square foot building with an outdoor seating area. A condition of approval included a requirement to submit a landscape maintenance and hold - harmless agreement for the landscaping proposed within the adjacent Banyan Tree Lane right -of- way. The agreement has been reviewed and approved by the City Attorney's Office for legal form and sufficiency and is now before the City Commission for approval. RECOMMENDATION Accept the landscape maintenance and hold harmless agreement associated with the Harbor Place project for landscaping within the adjacent Banyan Tree Lane right -of -way. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemlD= 5841 &MeetinglD =384 8/3/2012 Prepared by. RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of , 200_ by and between the City of Delray Beach, Florida ( "City ") andRcityway arbor LLL rte ( "Owner"). R WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right -of -way of Banyan Tree Lane pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right -of -way of Banyan Tree Lane; and, WHEREAS, the City reserves the right at any time to utilize the right -of -way for right -of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A ", shall have an approved landscape plan, Exhibit "B ", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right -of -way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Omer shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right -of -way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner 2 shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on Iandscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right -of -way by the Owner. 7. If for any reason the City decides that it needs the right -of -way of Banyan Tree Lane or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right -of -way within 20 days of such notification, if so requested by the City. 8. Owner, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the City, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the landscaping in the public right -of -way. Owner further agrees to hold the City, its agents, officers, employees and servants harmless for any, damage to the improvements Owner places within the public right -of -way. It is understood that any cost for replacement of landscaping or repairs to the improvements shall be the Owner's responsibility, and the City will not be held liable for any damage as a part of the maintenance or construction within the said public right -of -way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 41 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _ day of ATTEST: City Clerk Approved as to legal form and sufficiency: (Print or Type Name) (Print or Type Name) STATE OF ALIJ KAw, !- COUNTY OF 200_. CITY OF DELRAY BEACH, FLORIDA Mayor (t rvrr� y �-�• � b� ► i-t-G (Print or T�pe Name) The foregoing /� instrume/ntt� /was acknowledged before me this l .�` day of tii 20Q12 by ✓It/! .CA +�dtptJ , a5 diZe- )i .0 Cur,l C +f 1 er (name of officer or agent, title o officer or agent), of :uN',n LEE (name of corporation acknowledging), a14AL AN44 . LLe_ (S tate 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. Signaturelof Person Taping Acknowledgment .............. 9i�� ,%�f ��( (i• ST,gH��,yG Name Typed, Printed o �d Qy ^�g��/�{�� ,.. 4TA N r y: -Pig = . q'"' ;O_ STATE k,� >>�� s6[woezvda3� Ij c9oce wrdou 'HovasJ nia d lOEEE 08 L6 -LZ8 - 458 AVMHDIH itl maa Hinos 9SU 3 'ePUOId 'el6PiePnel 7UOj 0 'PM8 6610 csol W93LOE X19 NO1NI1aN` b�yf ( /S�f{1y�del0�.,213N�2�iYrOD 1/]S�yYtl3Hlj�i�iYYO�H�Y 0 F F E�ac F.93 l o t 0 7c F O J I Z Q ' 4 Q a _ 4 I � ¢ !_ 0. U4 .l Bd o 44 s4 I F e ;1 ca UU $ y �. 9 d .. a zl y LL 4' E Y, ZO i O L •G� b 3 uj 0 1 _ w ;^ a8 �5 Hal � _5w 0 tlzi as n Harbor Plaza Landscape Maintenance Agreement Exhibit B 2m m .01 K , .....a®.. .� �.. .P.. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: June 13, 2012 AGENDA ITEM: uI.D. ITEM: Harbor Plaza — Class IV Site Plan Modification, Landscape Plan, and Architectural Elevations Associated with the Construction of a 23,740 Square Foot Building. GENERAL DATA: Owner / Applicant .......................... Fairway Harbor, LLC Agent ........... ............................... Stiles Development Location ....... ............................... The northeast corner of Linton Boulevard and Federal Highway (1725 South Federal Highway) Site Area ... ............................... 5.73 Acres Future Land Use Map ............... GC (General Commercial) Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning ................North: RM (Medium Density Residential) East: RM South: POC (Planned Office Center) West: PC Existing Land Use ................. Proposed Land Use Water Service ....................... Sewer Service ....................... Shopping Center Construction of a 23,740 square foot building Existing on site. Existing on site. EM The action before the Board is approval of the following aspects of a Class 1V site plan modification for Harbor Plaza, pursuant to LDR Section 2.4.5(G)(1)(d): ❑ Site Plan Modification; ❑ Landscape Plan; ❑ Architectural Elevations; and ❑ Waiver. The subject property is located at the northeast corner of South Federal Highway and Linton Boulevard (1725 South Federal Highway). IRS = The property consists of Tract A of the Old Harbor Plaza Plat No. 2 subdivision and consists of 5.73 acres. At its meeting of March 26, 1979, the City Commission approved the rezoning of the property from RM -15 (multiple family) to SAD (Special Activities District). The rezoning included the site plan approval for the existing 45,934 square foot commercial plaza. At its meeting of September 24, 1985, the City Commission approved a Future Land Use Map amendment from MF -15 (multiple family) to Commercial and a Rezoning from SAD to LC (Limited Commercial) for the subject property. At its meeting of September 25, 1990, the City Commission approved the rezoning of the property from LC to PC (Planned Commercial). An application has been submitted to demolish a portion of the existing commercial plaza and construct a new building, and is now before the Board for action. VISO -111 The development proposal incorporates the following: ❑ The demolition of 17,060 square feet of the existing commercial plaza and construction of a 23,740 square foot building with an outdoor seating area, ❑ Reconfiguration of interior landscape and parking areas, and ❑ Construction of a new driveway to Banyan Tree Lane. The development proposal includes a waiver to the following section of the Land Development Regulations: 1. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50 -foot stacking distance for the new driveway along Banyan Tree Lane. SPRAB Staff Report — 6/13/12 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 2 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.3.4(x) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the PC zone district: *The property is currently nonconforming with respect to open space. The existing open space on the property is 14.9% where 25% is the minimum required. Due to the proposed landscape and parking area changes, the proposed development will add 2,812 square feet of open space, which reduces the nonconformity by 1.2% to 16.1°/x. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(3)(e), a 52,679 square foot shopping center (28,939 sq. ft. existing; 23,000 sq. ft. building addition; and 740 sq. ft. outdoor seating area) is required to provide 4 parking spaces per 1,000 square feet of gross leasable floor area. Thus, the proposed modification would require 211 parking spaces. The plaza complies with this requirement since 307 total parking spaces are provided on -site. Lighting: Per LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12 foot candles and a minimum of 1 foot candle. Also, the required illumination level for building entrances is 10 foot candles maximum and a minimum of 1 foot candle. The rear building entrance is required to be illuminated. However, the photometric plan omits the illumination levels in the rear loading area. A condition of approval is attached that the photometric plan be revised to include the rear loading area and that it complies with City's illumination standard. It is noted that the remainder of the photometric plan complies with the City's illumination requirements. Right -of -Way Dedication: Pursuant to LDR Sections 5.3.1(A) and (D) and Table T -1 of the Comprehensive Plan Transportation Element, the following table describes the required rights -of -way and the existing rights -of -way adjacent to the subject property: — 48' 27' 131 /Ii�mmrrr :tom = Front (East) 10' 259'4" =_ _ - -- _' "- '_ `_:— Rear (West) 10' 55' 25% 16.1 %* *The property is currently nonconforming with respect to open space. The existing open space on the property is 14.9% where 25% is the minimum required. Due to the proposed landscape and parking area changes, the proposed development will add 2,812 square feet of open space, which reduces the nonconformity by 1.2% to 16.1°/x. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(3)(e), a 52,679 square foot shopping center (28,939 sq. ft. existing; 23,000 sq. ft. building addition; and 740 sq. ft. outdoor seating area) is required to provide 4 parking spaces per 1,000 square feet of gross leasable floor area. Thus, the proposed modification would require 211 parking spaces. The plaza complies with this requirement since 307 total parking spaces are provided on -site. Lighting: Per LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12 foot candles and a minimum of 1 foot candle. Also, the required illumination level for building entrances is 10 foot candles maximum and a minimum of 1 foot candle. The rear building entrance is required to be illuminated. However, the photometric plan omits the illumination levels in the rear loading area. A condition of approval is attached that the photometric plan be revised to include the rear loading area and that it complies with City's illumination standard. It is noted that the remainder of the photometric plan complies with the City's illumination requirements. Right -of -Way Dedication: Pursuant to LDR Sections 5.3.1(A) and (D) and Table T -1 of the Comprehensive Plan Transportation Element, the following table describes the required rights -of -way and the existing rights -of -way adjacent to the subject property: SPRAB Staff Report- 6/13/12 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 3 v w : - firedx�sirto sasd lie t�[d - t.E. - �__ J Federal Highway 120' 120' 120' 0' Linton Boulevard 120' 106' 106' 7'* Banyan Tree Lane 60' 50' 50' 5'* Pursuant to LDR Section 5.3.1(D)(5), a reduction in the required right -of -way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). *The City Engineer and DSMG considered and approved the reduction of right -of -way for Linton Boulevard and Banyan Tree Lane to the existing widths. No additional dedications are required. Bicycle Parking: Per LDR Section 4.6.9(C)(1)(c), bicycle parking facilities shall be provided in a designated area by a fixed or stationary bike rack in shopping centers. The development proposal complies with this requirement with the provision of a bicycle rack along the west side of the building addition. ill; Fill jo- Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), a 50 -foot stacking distance is required for the new driveway along Banyan Tree Lane and 21.4 feet is proposed. The applicant has submitted a waiver request for a reduced stacking distance. The applicant has submitted the following verbatim narrative in support of the waiver: "...ln order to accommodate this request, three additional stop signs have been incorporated at the driveway along Banyan Tree Lane. Please see the attached plan. We believe that this meets the intent of the code requirement because there are no conflicts within the 50 foot requirement. There is 19 feet + 32 feet or 51 feet, greater than the 50 foot dimension required. We have also introduced a stop sign just south of the garbage dumpsters, which requires yielding to oncoming traffic before making a left turn and prevents impediments to oncoming traffic..." SPRAB Staff Report — 6/13/12 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 4 Waiver Analysis: The Harbor Plaza currently has six driveways access points in addition to the proposed driveway along Banyan Tree Lane. The multiple points of access distribute the traffic throughout the property and reduce the stacking impact on any one driveway. Further, the new driveway will likely be an underutilized access point since it will be primarily used by delivery vehicles winding around the rear of the shopping center. The City has approved reductions to the stacking distance when a parking facility contains multiple points of access such as Atlantic Plaza II. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise stated: That a site plan modification application be submitted from the owner of the Harbours Edge property for the changes to the landscape islands at the driveway entrance from Linton Boulevard. (This physical change is necessary to accommodate the anticipated turning movements into the site by delivery vehicles). 2. That the plans are revised to correctly note the southern outdoor seating area as 370 square feet rather than 375 square feet. 3. That the correct sight visibility triangle [10' by 10] per LDR Section 4.6,14(B)(1) be graphically shown and labeled on the plans. 4. That view ports are provided in all solid doors for safety purposes. 5. That sample swatches of the canopies be provided prior to issuance of a building permit for fire testing. 6. Provide signed and sealed drainage calculations indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7) and indicate how storm water will be retained on site. Sites with parking lots are required to retain a 5 year 1 hour storm (3.2 ") in addition to meeting the water quality criteria (1" or 2.5 x % impervious). 7. Provide documentation from east property owner (Harbours Edge) that they are in agreement with proposed improvements to ingress /egress off of Linton Boulevard. 8. That signage is not reviewed or approved as part of the site plan process. PTA A landscape plan has been submitted and evaluated by the Senior Landscape Planner. The new landscaping consists of Silver Buttonwood trees, Gumbo Limbo trees, Hibiscus, Crepe Myrtle, Glaucous Cassia, Sabal Palmetto, Queen Palms, Foxtail Palms, and Southern Live Oak trees. The landscape areas will be under planted with variegated Shell Ginger, Bougainvillea, Mammey Croton, Rid Tip Cocoplum, Silver Button Wood, Green Island Ficus, Podocarpus, SPRAB Staff Report — 6/13112 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 5 Sandankwa Viburnum, Foxtail Fern, Blueberry Flax Lily, African Iris, Liriope Muscari, Sword Fern, and Florida Gamma Grass. The revised landscape plan provides a diverse and aesthetically pleasing palette and will upgrade the appearance of the shopping center. The proposed landscape plan complies with the City's Land Development Regulations (Section 4.6.16), provided the technical item noted below are addressed: Landscape Technical Items: The following Landscape Plan item remains outstanding, and will need to be addressed prior to certification of the site plan. 1. That a hold harmless and landscape maintenance agreement be provided for the proposed landscaping within the Banyan Tree Lane right -of -way. Pursuant to LDR Section 4.4.12(F)(2), the outbuilding must be architecturally compatible with other structures in the shopping center. Architectural compatibility shall be determined pursuant to Section 4.6.18. Outbuildings and Shopping Centers: Pursuant to LDR Section 4.6.18(B)(13) (Outbuildings and Shopping Centers) outbuildings within a shopping center shall be compatible in terms of color, material, and architectural style and that the Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels, despite the incompatibility, the elevations should be approved they shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take final action. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of'beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed building is a contemporary commercial interpretation, which is consistent with the existing buildings within Harbor Plaza. The front fagade (west) of the building will have a decorative trellis, light fixtures, and parapet cap. The striped awnings will be green and white. The primary wall color will be painted Creamy Satin (medium tan) to match the balance of the plaza. The entry feature will be painted Simply White. The panel inserts, raised bands and trellis will be painted Distant Grey. The cornices, raised bands, columns, and panel inserts will SPRAB Staff Report 6/13112 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 6 be painted Great Plains Gold. Based on the above, a positive finding can be made with respect to LDR Section 4.4.12(F)(2) and Section 4.6.18(E). ll Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) - Future Land Use Map: The subject property has a GC (General Commercial) Future Land Use Map designation and is currently zoned PC (Planned Commercial). The PC zone district is consistent with the General Commercial FLUM designation. Pursuant to the LDR Section 4.4.12(B)(1), a grocery store is an allowed use within the PC zone district as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Reaulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (17)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north and east by RM (Multiple Family — Medium Density) zoned property, on the south by POC (Planned Office Center) zoned property, and on the west by PC zoned property. The existing land use to the north is the Linton Woods Condominium, to the south by Old Harbor Office and Bank Facility, on the east by Harbours Edge adult living facility, and on the west by The Plaza at Delray. A finding can be made that the proposed redevelopment will be compatible and harmonious with the adjacent properties. SPRAB Staff Report 6113/12 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 7 Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following is noted: Transportation Element Policy 13-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides bicycle rack along the west side of the building addition. Based on the above, the policy has been met within the proposed development. Future Land Use Element Objective A -1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed redevelopment to accommodate a grocery store is a typical use associated for shopping centers. The redevelopment will not have a significant impact on the surrounding properties. The proposed building addition will be compatible with the soil, topographic, and other physical considerations of the subject property. The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ❑ Neighborhood Advisory Council • Delray Place • Heritage Club ❑ Delray Citizen's Coalition ❑ Banyan Tree Village ❑ Domain Delray ❑ Harbourside ❑ Delray Beach Harbor Club Letters of support and objection, if any, will be presented at the SPRAB meeting. The development proposal to construct a 23,740 square foot grocery store will be consistent with Chapter 3 and Section 2.4.5(F)(5) of the Land Development Regulations, and policies of the Comprehensive Plan provided the conditions of approval are addressed. The proposed building is architecturally consistent with the existing buildings on the property. The development proposal is compatible with the adjacent commercial properties and will be an enhancement to the area. SPRAB Staff Report 6113112 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 8 A. Postpone with direction. B. Move approval of the request for a Class IV site plan modification, landscape plan, architectural elevations, and waiver request for Harbor Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for a Class IV site plan modification, landscape plan, architectural elevations, and waiver request for Harbor Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations. By Separate Motions: Waivers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50 -foot stacking distance (21.4 feet proposed) for a parking facility that contains 51 or more parking spaces based on positive findings with LDR Section 2.4.7(B)(5). Site Plan: Move approval of the request for Class IV site plan modification approval for Harbor Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Satisfy all Site Plan Technical Items and submit four copies of the revised plans. 2. That the photometric plan be revised to include the rear loading area and that it complies with City's illumination standards. 3. That a finding of traffic concurrency be submitted prior to certification of the site plan. Landscape Plan: Move approval of the request for landscape plan approval for the Harbor Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations. 1. Address the Landscape Plan Technical Item and submit three sets of plans SPRAB Staff Report 6/13112 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 9 Elevations: Move approval of the request for architectural elevations for Harbor Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) and 4.6.18(B)(13) of the Land Development Regulations. Attachments: • Appendix A • Appendix B • Site Plan, Landscape Plan, and Building Elevations Report prepared by: Scott D. Pape, Senior Planner, AICP, FCP SPRAB Staff Report 6/13112 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Harbor Plaza Page 10 Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ The building will be served via lateral connection to an existing 2 inch service water main along the east side of the property. ❑ Adequate fire suppression is provided via three existing fire hydrants on the property. ❑ Sewer service will be provided via lateral connection to an existing 8 inch sewer main along the east side of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates that proposed building will generate 541 net new average daily trips and 74 p.m. peak hour trips. A finding of concurrency has not been received from the Palm Beach County Traffic Engineering Division. Thus, a condition of approval is attached that a finding of concurrency be submitted prior to certification of the site plan. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: A finding of concurrency is not required for the non - residential project. Solid Waste: Trash generated each year by this development will be approximately 86.65 tons /year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. School Concurrencv: A finding of concurrency is not required for the non residential project 14 � A. Bunamg design, ianascaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X (Provided the condition of approval regarding the illumination of the loading area is fully addressed) Does not meet intent '-'"�" B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X (Subject to receipt of finding of Traffic Concurrency) Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent tocce 0916 -izg - PSB AVMH91H IV83CI=14 H-LnOS SM .J.P-P-1 "10 " Ive aA-1a i snAOM3NMO31SV�3HJ. HON 1 a me anoaD i"amunorf d NOSH-V.H :UO:I)JJIIQV=l MEIN (33BOdOUd €22-1 22-1 rId g g �9 -Y gel 4 e CL del 1 11 0 i SI < tj 11,311 ails oum(hpiloo )even 4saizi) z o - VzvldHOSHVH EM Ilion It'll RIO d. voww, JLVM RhiYld 3903 SAMCISHYK. fl " t dllL ------ ------ Im J TV -3rjlj Rk" MMI' E5 7M j!HT A — - 74 LL 9 mg dF maw Hp. Y:? 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N T 0 N B O U L E V A R D MC CLEARY ST, EVE STREET i 0 0 2 TROPIC 0 L; z ` a cn BOLENDER STREET SUBMCT -- DIGITAL 84SC M4P SYSTEM -- MAP REF: S: \Plonninq & Zoninq \DBMS \File — Cob \Z —LM 1001- 1500 \LM1339 — Harbor Plozo =! N HARBOR PLAZA --dower- --dower- - PROPERTY 1725 SOUTH FEDERAL HIGHWAY �- PLANNING AND ZONING \. �- DEPARTMENT LOCATION MAP Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: July 30, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 8.1. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 GRANT APPLICATION /SFWMD: WATER SAVINGS INCENTIVE PROGRAM IWSIPI ITEM BEFORE COMMISSION Staff is requesting approval from Commission for preparation and submission of a Water Savings Incentive Program (WSIP) grant application to the South Florida Water Management District. This application is conjunction with the District's program to promote water conservation. BACKGROUND As a means of promoting water conservation and to reduce demands on the finite ground water resource, the South Florida Water Management District (SFWMD) sponsors a competitive grant program focusing on providing supplemental funding for water conservation related projects. The Utilities Division conducts routine fire hydrant flushing on its potable water distribution system to maintain water quality. Water quality becomes especially challenging during summer months when temperatures increase and when the demand declines due to our seasonal population. In addition, water quality issues increase when irrigation restrictions are in effect. Flushing fire hydrants to move water helps reduce water age in the system. The proposed project under this application will help reduce the amount of water used in flushing activities. Nineteen (19) automatic flushing devices are proposed at specific dead -end water main locations, such as cul -de -sacs and dead -end streets. The projected water savings using nineteen automatic flushing devices is estimated at 4.3 million gallons per year. This project has been submitted for approval in next year's Capital Improvement Program (FY 2012/2013) at a funding level of $100,000. Anticipated grant funding can be as much as 50% of the project cost, up to a maximum of $50,000. FUNDING SOURCE This project has been submitted for approval in next year's Capital Improvement Program, FY http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ltemlD= 5822 &MeetingID =384 8/3/2012 Coversheet Page 2 of 2 2012/2013. The actual account has not yet been identified. RECOMMENDATION Staff recommends approval to prepare and submit a grant application to the South Florida Water Management District for the Water Savings Incentive Program. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?1temID= 5822 &MeetingID =384 8/3/2012 APPLICATION SOUTH FLORIDA WATER MANAGEMENT DISTRICT FY2013 WATER SAVINGS INCENTIVE PROGRAM The undersigned Applicant has read all of the terms and conditions of the Water Savings Incentive Program Cooperative Funding Guidelines and Application, aioi ,.certifies that all of the information contained within this Application and subsequent a?,ents is true and correct to the best of his/her knowledge. Applicant's Legal Name: City of Delray Beach Applicant's Address: Environmental Serv. Dept., (State Div. /Dept. if applicable) Public Utilities Division 434 S. Swinton Ave, Delray Beach, FL 33444 Project Title: Installation of Automatic Line Flushing Devices Description: Installation of 19 automatic flushing devices to potable water mains to reduce water used through routin fire hydrant flushing. Type of Organization: Municipal Has your organization ever received funding Yes ❑ No Requested: $50,000 Proiect will be Built: Palm Date of Incorporation: State of Incorporation: Federal ID No.: Program for this Project? Project Title YeaO Funded 1!7 Approvedo Funding Actual Funding k� Has your orj&Wj&WWLdone anyZql&foltowingactipns for a WaterSIP Grant proposal once submitted, selected, and appro Ever rej. eted fundin . No Failed to perform (cancelled) Yes E] No Been unable to complete ntracte pewithin the specified funding period: Yes ❑ No Year Funded Reason Authorized Person's Name: Telephone Number: 561 -243 -7336 Richard Hasko, P. E. Signature: Fax Number: 561 -243 -7060 must be signed by authorized individual Title: Director of Environmental Services Department Email: hasko@mydelraybeach.com PROJECT DATA AND CRITERIA SUMMARY 1. Please provide a brief synopsis of the Project. Indicate quantities of each hardware /technology item(s): Installation of 19 automatic potable water main flushing devices, Hydro -Guard modelHG -1. Quantity of estimated water savings 4.36 MGY Amount of funding requested $ 50,000 Total project cost $ 100,000 Proposed percent SFWMD funding (50% maximum of $50,000) 50% Is the Applicant a REDI Community? Yes ❑ N If applicable, state any environmental or community b _ t ProjeNincl reducing demand from a potable water source. The ther bene is could r quality or habi tat improvements, and/or benefit' ow -in e, senior, housing community. The proposed project has the potential for also providing in that it will improve water quality in areas designated for installation ame time reducing the Sn,,Ie,,enefit resources involved with performing the same hydrant flushing If applicable, state how this Project showca\ es innovatio g new technology or the method in which the Project is b emented. Aor 2. Please provide the naine(s) and contact information of the entity's project manager who will oversee the implementation of this Project. This should be the primary person for District personnel to contact and is not necessarily the Applicant's legal signing authority. Name: Victor Majtenyi I have thoroughly reviewed the WaterSIP FY2013 document. Email: majtenyi @mydelraybeach.com Phone: 569- 243 - 7328 ;, (Project Manager named in this subsection) STATEMENT OF WORK SOUTH FLORIDA WATER MANAGEMENT DISTRICT FY2013 WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING STATEMENT OF WORK Please review the Sample Application on the websitF,;�: continuing. Introduction and Background 3. Provide a brief overview of why this Project is ne Please include: • A historical description of water use by th et gro • Explain if the Project is consisten the comprehensive plan and/or utility water conse • Explain why the Project is being done. • Describe how the Project relate o other ongoing or • Introduce key terms or acronym • A quantification of the benefits tial water benefits. Provide an Intro characters, appr The City of Delray Beach Ull system to maintain water qu becomes especi I hallengii declines du al are in of Flushin Hy*4VNWing is conductel an flow a specific am( system. Th ' ion also pei hydrants are fliwat least gallons a year fl hydra four ble local projects. and other potential below (maximum 1,900 in�Fe hydrant flushing on its potable distribution Alp, may be performed monthly. Water quality hen temperatures increase and when the demand water quality issues increase when irrigation restrictions helps reduce water age in the system. ing in e, and /or contract resources, where hydrants are manually opened time4ffJsuatly, this is performed at the extremities of the water distribution a super disinfection process at least twice a year where all of the City's Turing the process. Staff estimates that it uses approximately 39.2 million The purpose of this pr ' roject is to reduce the amount of water used in flushing activities. Nineteen (19) automatic flushing devic, are proposed at specific dead -end water main locations. The projected water savings using nineteen automat flushing devices is estimated at 4.36 MG a year. This will be the City's first project installing multiple automatic flushing devices systemwide. The division hopes to commit future funding for installation of automatic flushing devices on an annual basis as part of its capital improvement program. Objective 4. Clearly state the objective of this Project. What will this Project accomplish? Please include: A brief statement of the project's objective. A brief project justification statement. Provide a Justification/Objective Statement in the space below [maximum 500 characters]. With the installation of automatic flushing devices, the City hopes to re e t ount of water it currently uses in manually flushing fire hydrants. Although considered a water conservation project, it will also se imp ater quality issues and potentially lead to a reduction in resource levels currentl ted to g fire hydrants. Scope of Work ri 5. Provide a brief, general description f the proposed prod Please include: • Item(s) to be purchased/installed/ t • Number of such items. • Target group and its e. • Location of this ePr,6.Provide a Scope a> k in the space provid bel w [maximum 1,000 characters]. TNi The City of Delray Beach proposes to purchase 191rutomatic potable water line flushing devices and install them at locations near the perimeter of the distribution system where water mains dead- lsacs andlor dead - end streets. The units will be similar to the Hydro - Guard el HG- . Eac ushing devic l be pr ammed to allow water to flow for 15 minutes at a rate of 138 g er minute, to th ee times per week, with an estimated weekly flow of 6,210 gallons. evices are ected to result in an estimated annual water savings of 4.36 MG a year. Work Breakdown Structure and Deliverables Schedule 6. Enter your Work Breakdown Structure in the space provided below [maximum 3,750 characters]. The Work Breakdown Structure should describe how the Project would be completed. Your Work Breakdown Structure should include: • The identification and description of the proposed project's methodology. • A detailed description of each element (i.e., step, task, and /or phase). The City proposes to purchase automatic line flushing devices, either thrQGgh d competitive bid process, or through an active municipal cooperative agreement. The process will comply with city's Purchasing guidelines. i Installation of the line flushing devices will also be completed: through a compettiye bid or an active municipal cooperative to designated locations. <r' Locations having priority consideration will be areas levels for flushing fire hydrants and areas exhibiting population. (e the City currently commits;hig -,resource potable demand due to a fluctuating seasonal SUPPLEMENTAL QUESTIONS 10. Is this a rebate or voucher program? Yes ❑ No ➢ If no, proceed to question 11. ➢ If yes: a) How many rebates or vouchers in total will be issued ?* b) What is the maximum number of rebates /vouchers that can be issued to a single Participant? c) How many dwelling units or facilities will this program att pt to at a minimum ? ** Note: Do not enter a range. The final reimbursement amount wi a to th ber. ** This question assumes that all Participants accept the ber of ble rebates / vouchers. 11. Will the project's Participants be eligible to r e more than one of any type of fixture or devi s, but not limited to, a showerhead or faucet aerator. No[] N/A ➢ If no or not applicable, proceed to question 12. If yes: a) List those fixtures /devices: b) How many dwelling units or facih 'es rogram mpt to reach at a minimum ?* 12. Is the Applicant a "public uti municip , or government agency ?. Yes ® No❑ .� IN 13. Will water savings gained by this Projecf,directly reduce an existing wit'h.drawal from a potable source? Yes ® No❑ If y en source ' C t of Delray Beach, Surficial Aquifer Ifn o, please exp e water supply benefit. If Applicant is a public water supplier, please provide the Consumptive Use Permit number: 50- 00177 -W Check Yes or No (double click gray box and click checked under Default value) Yes No 14. Is the Project part of your institution /facility's conservation plan? N/A ® ❑ ❑ 15. The applicant understands that WaterSIP funds are only for expenses incurred or obligated during the funding period (October 1, 2012 - August 30, ® ❑ 2013). 16. WaterSIP is a reimbursement program. It is expected that the scope of the Project will be completed in its entirety within the funding period, regardless of the actual amount of funding awarded to the Applicant through the WaterSIP Program. There is no guarantee the Applicant will be' awarded the amount requested. ❑ Does the Applicant have budgeted funds available to pa the entire scope of the Project within the timeframe outlined in the S f Tasks and Deliverables without funds from the WaterSIP Pr "No," Note: If you answer the project is ineligible fo nding sideration unless Applicant is a REDI community. , 17. Is the one -page budget or draft budget document or frnan, 'commitment y letter attached to this Application? ® ❑ Note: If you answer "No," the project may be ineligible for funding consideration unless the Applicant is a REDI community.,, ,. 18. Will this project move forward independent of SFWMD fund' Note: if you answer "No," the project is ineligible for un' r�sideration unless the ® ❑ Applicant is a REDI community-.7--- 19. The Applicant fully'tznderstands that if, fo %any reasai% the project scope is not fulfilled to 1.00% completion as outlined in the Statement of Work, the District's fundi ng amount wi,lite_ reduced to match the original percentage of ® ❑ funding in the Purck4a 6 Order based.on- �t,h Egj iutial project cost estimate, as presented in this Appl'ieaton. '" t 20. TheA o understands that if the project scope is achieved to 100% coMpletion, as oitfliiied in the Statement of Work and total actual project Acosts,are below th6,estimated total project cost, the Recipient may be eligible ® El to 'receive up to the full funding'amount, as long as the minimum 50% match is met,wid the total project cost is $100,000 or greater. ! 7 ;r SIGNATURE AUTHORITY CHECKLIST f; The Applicant's legal signing authority must sign this checklist and include it with the Application package. The legal signing authority of the Applicant understands the WaterSIP is a reimbursement program. The maximum reimbursement amount is up purchase and/or installation cost of the Pro' 0, o: total. The Applicant must provide sufficient fuNth entirety as outlined in this proposal withiAugust 30, 2013) before reimbursement fun The Scope of Work for this Prod aced on the can foreseeably commit to at this If budgeted funding for this Recipient's budget, ,jiMfignay 2012 without inaiff"MMas If the App the Appli nt applications for total actual ugis less in this pMject in its (October 1, 2012 — that the Applicant part removed from an award project by 4 :00 PM October 12, to complete the scope of the Project, penalty, which will affect future )jects after October 14, 2012, will receive a Past future appeals for WaterSIP funding. Document has been reviewed. By Authorized Official: Printed Name: Richard C. Hasko, P.E. Title: Director of Environmental Services Date: July 30. 2012 APPLICATION CHECKLIST You must sign and submit this Application Checklist with your Application package. This Application Checklist is provided for the convenience of the respondent and shall not be relied upon in lieu of the instructions or requirements of this solicitation. To ensure that your proposal package is complete, please review the following items to co that they have been addressed and are enclosed. This page must be printed and de our Application package. I have indicated that the required materials and procedures outlined in the checklist above have been included. Program Manager Victor Maitenyi, Deputy Director Public Utilities Check Activity Here Has the Application deadline established been met? Has the Transmittal letter and Signature Aut eck ' en signed by the. appropriate party? Have all questions and requests within the application p e been answered? Have you reviewed and compared your t* tion responses t ent of Work with the sample responses provid mple Applic Have you supplied your Certification of RIVI Co licable)? ❑ Have you provided evi�':,.._. _ udget or le f financ' commitment) of project- related funds?- :. Has the Applicat e on of th' package bee ted? Has the Sample CooperaL.. r anding . enient been reviewed? Have ocumen � been included, such as vendor descriptions of hard e, etc.? submitted th uired ber of complete copies of the proposal in the Ap on package. — Four ies of the lication package, including one (1) marked "Origins . - One (1) CD- 0. D, containing two electronic copies of the entire Application pa in a Microsoft© Word format and a scanned PDF file including sign res. I have indicated that the required materials and procedures outlined in the checklist above have been included. Program Manager Victor Maitenyi, Deputy Director Public Utilities Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: July 30, 2012 SUBJECT: AGENDA ITEM B.J. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 GRANT APPLICATION/ALTERNATIVE WATER SUPPLY GRANT/ SFWMD Page 1 of 2 ITEM BEFORE COMMISSION Staff is requesting approval from Commission for preparation and submission of an Alternative Water Supply grant application to the South Florida Water Management District. This application is in conjunction with the District's annual Alternative Water Supply Grant Program from which the City has received annual funding for our reclaimed water transmission system expansion projects. BACKGROUND As a means of promoting the development of Alternative Water Supplies (AWS) to reduce demands on the fmite ground water resource, the South Florida Water Management District ( SFWMD) typically sponsors an annual competitive grant program focusing on providing supplemental funding for alternative water supply projects. The City has applied for this grant in previous years when the funding was available and has received funding for expansion of our reclaimed water irrigation system. Most recently, we received $210,900 in November 2010 for assistance in constructing the Area I I reclaimed system extension, which was completed in August 2011. The next focus area will be Area 12A which continues the expansion on the barrier island from Atlantic Avenue south to Casuarina Road. This project will be split in two phases; Phase 1 consisting of Gleason Street and streets to the east and Phase 2 consisting of streets west of Gleason Street. The construction cost estimate for Phase 1 is $1,400,000. SFWMD anticipates providing funding assistance between 10% to 20% of construction costs. This item is for the preparation and submission of the application for the next AWS grant cycle. The application period opened July 26, 2012, with submittals due August 10 th, 2012. Preparation of the application package will be completed by our consultant, with cost of services not exceed $6,000. FUNDING SOURCE http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5821 &MeetingID =384 8/3/2012 Coversheet Page 2 of 2 Funding for the project is available from account 4441- 5161 -536- 68.73, Water and Sewer Fund/ Reclaimed Water, Area 12A. RECOMMENDATION Staff recommends approval to prepare and submit a grant application for the South Florida Water Management District's Alternative Water Supply Funding program. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5821 &MeetingID =384 8/3/2012 Project Name: Double click and insert project name here Alternative Water Supply Funding for Fiscal Year 2013 (FY13) Instructions for Providing Information Complete the attached forms with responsive statements. This information request is a Microsoft® Word file. Type responses below the appropriate question. Please include all requested documents and provide complete answers to all questions. The document is organized into four parts: Part 1: Project & Funding Criteria; Part 2: Project Summary; Part 3: Project Details; and Part 4: Project Background and Supporting Information. A Response Checklist is provided to facilitate a final review of proposal format and content. The items requested must appear in the order that they are requested. The Acknowledgement Form must be signed by a responsible party representing the entity that is receiving funds. The District cannot contract with consultants. The recipient refers to the entity receiving funds and executing the contract. Failure to properly complete the forms or answer questions may cause funding to be delayed. If a question is not applicable to your facility or project, please indicate this rather than skipping the question. While complete responses are important, please be brief and concise. Project Information document should be limited in size to materials that can fit in a 1 -inch binder or less. Please provide the original signed copy, along with an electronic copy in Microsoft® Office Word format of the responses to this information request and a PDF (Adobe Acrobat(D) copy of the signed document. The deadline for submittal is 12:00 p.m. Friday, August 10, 2012. Submit to: South Florida Water Management District Alternative Water Supply Program Intergovernmental Programs 3301 Gun Club Road West Palm Beach, Florida 33406 Inquires to: Stacey Adams, Program Coordinator (561) 682 -2577 Email: sadams(a-sfwmd.gov Website: http: / /www.sfwmd.gov /AWS Page 1 of 14 Project Name: Double click and insert project name here Alternative Water Supply Funding Program Project Information Checklist The following checklist will assist the recipient when filling out this document. It should not be relied upon in lieu of the instructions otherwise provided within the document. The applicant should read the entire document thoroughly. Page 2 of 14 Project Information must be submitted by Friday, August 10, 2012 at 12:00 p.m.. Part 1: Project & Funding Criteria Part 2: Project Summary is complete; Table 1 has been completely filled out. Part 3: Project Details is complete; Figures 1, 2, and 3 have been attached where requested in the document. Table 2 has been completely filled out, Table 3, the deliverables schedule, is complete. Part 4: Project Background and Supporting Information is complete, including Tables 4 and 5, the Water Supply plan page and Rate Information. Responses have been typed below the appropriate questions or in the space indicated. No question has been left blank without indicating that it does not apply. The FY 2013 Alternative Water Supply Funding Program ACKNOWLEDGEMENT has been completed, signed, and notarized. Appendices A, B, and C have been attached. One original hard copy and an electronic copy of the document in Microsoft® Office Word format and an electronic signed PDF copy has been provided. Page 2 of 14 Project Name: Double click and insert project name here PART 1 — PROJECT & FUNDING CRITERIA Project Criteria Projects must support development of an alternative water supply. Only construction costs are eligible for reimbursement. Fundina Criteria The Alternative Water Supply Program is a reimbursement funding program. The Recipient is expected to execute the full scope of the contract without District funds. Any construction expenses incurred or obligated before or after the funding period, October 1, 2012 — August 30, 2013 are not eligible. The funding may only be used for the project identified in this document. The District will ensure the proper use of funding by requiring partners to comply with the terms and conditions of the Agreement. Additionally, the District will ensure compliance by conducting site visits, review of quarterly status reports, all supporting documentation, and the Final Project Summary Report (Exhibit "D "). All project deliverables must be completed and the Final Reimbursement Request Package (including invoice) received by Friday August 30, 2013 to allow for timely processing of payments. The contract expiration is September 30, 2013. Page 3 of 14 Project Name: Double click and insert project name here PART 2 — PROJECT SUMMARY Project Naming Convention The project name should show the entity applying and a specific title of the construction project for which funds are being provided (see example below). Correct: Palm Beach County 3 MGD Century Village Reclaimed Water Facility, Phase 1 Incorrect: Palm Beach County Reclaimed Project Project Name - If this is a multi -year project, please use the multi -year project name followed by the phase name or number for which funding is being sought. The example above is the first year of a 3 -year project. Recipient — This is the entity that would enter into an agreement with District (not consultant). If the land is leased, attach (in Appendix A) a copy of the lease agreement and a letter from the landowner authorizing the construction of the project. Project Owner Representative Telephone Fax Address E -mail Applicant Federal ID Number County where project is located* Water Supply Planning Region Project LatitudelLongitude* * If the project is located outside the District boundaries, please describe below how the project will benefit this District (i.e. percent of the total water made available that will be used within this District's boundaries, show service area boundaries both inside and outside the District). Consultant /Contractor Representative Entity Project Manager Company Name Telephone Telephone E -mail E -mail Page 4 of 14 Project Name: Double click and insert project name here Short Description In the box below, write a two to three sentence description of the project phase for which Tunainq is oei Alternative Water Source (Check the applicable boxes.) ❑ Seawater ❑ Brackish water from aquifer ❑ Sources made available through new storage capacity: ❑ Aquifer Storage & Recovery (ASR) ❑ Above ground impoundment ❑ Reclaimed water ❑ Other source designated as non - traditional in a water supply plan (List source, page number, and water supply plan title where source is identified.) Project Summary Please complete Tables 1, 2, and 3 by showing cost, funding, and the amount of alternative water this project will provide. The spreadsheet version of Table 2 is available at: http: / /www.sfwmd.ciov /AWS (scroll down and click documents in the right -hand corner of the related multimedia box). iadie i. vroiect 5umm Quantity of Water Made Available (mgd) This Phase (by August 30, 2013) 1 Total Project Project Completion Dates This Phase (by August 30, 2013) Total Project Total Previous SFWMD Project Funding Year Awarded I Amount Awarded I Amount Soent Page 5 of 14 Project Name: Double click and insert project name here PART 3 — PROJECT DETAILS Statement of Work Provide a Statement of Work (SOW) for this project that specifically describes which tasks will be completed in FY2013 with these funds. Please use the format provided below. Examples of SOWs are available at http: / /www.sfwmd.gov /AWS (click on the "Alternative Water Supply Funding Assistance" under Related Links). It is recommended that SOWs be concise and to the point: one to two pages are recommended. A. Introduction /Background (4 — 6 paragraphs) B. Objectives (1 — 2 paragraphs) C. Scope of Work (3 — 6 paragraphs) Proiect Maas Insert the following figures below. Each figure should fit on a sheet of 8.5" x 11" paper and, if applicable, should have a North arrow. Figure 1: Project Location. City or town map clearly showing the project location in relation to the nearest major street or road intersection. Figure 2: Project Details. Project -level map showing sufficient general details and information to help the reviewer understand the proposed project (e.g., show the proposed pipeline between the two intersections bounding the project; show the plant layout with the proposed project phase components highlighted, such as storage /chlorination tank, etc.). Page 6 of 14 L {� L) a) O O 'O L Y CL V L Qi m U C U .� d c a` ca r a)' B O N E Fc- R Z v A) O L m m �O (6 Q U o U Z =Z o CL co c LO o >' r } -0 z Z LL r } LL z z Q Q } LL Z Z N_ } LL LL 0 } LL 0 } LL a) N C O w r H O CD c N r cc t O Q) Qi C IL o} C M D �� a) U LL d R *o- w, V U1 a; N '� ` C O N rr fA = R Q a1 d N -a V O C d V o Q � Q a � d c as d7 * d to } a) O ~ C c C C f4 as L d O L iii IL o M -0 o m >- a o. Cl) L` U- r O ti a� ca Project Name: Double click and insert protect name here Table 3. Deliverables Schedule for FYI Phase (Please provide a list of tasks to be completed in FY2093.) Task No. Deliverable(s) Expected Completion Date Construction Cost ($) 1 Electronic submittal of final project bid amount and /or vendor estimates for all tasks to be completed. Upon contract execution 2 Exhibit C — Status Report December 31, 2012 N/A 3 Exhibit C — Status Report March 31, 2013 N/A 4 Exhibit C — Status Report June 30, 2013 N/A 5 6 7 8 9 10 11 Exhibit D — Final Project Summary Report / Final Reimbursement Package August 30, 2013 Total *Deliverable /task descriptions and total cost should match the information in Table 2 for FY13. Deliverables should be descriptive (e.g., number and size of pumps, length, diameter, and location of pipelines, etc.) to help the reviewer understand what is being funded. Examples of deliverables schedules are available at http: / /www.sfwmd.gov /AWS (click on "Alternative Water Supply Funding Assistance" under Related Links). Status Reports are due within ten (10) days of due date. Correct: Installation of Floridan Well F -3, 16 -inch diameter to an approximate total depth of 950 feet. Incorrect: Floridan well installation Correct: Installation of approximately 1,300 linear feet of 20 -inch reclaimed water main from XYZ Farms to ABC Road. Incorrect: 1,300' reuse main Correct: Construction of Floridan Well Head for well F -11; to include two (2) 750 hp pumps, well discharge head, electrical equipment, control panel, and well house. Incorrect: Well head construction Correct: Purchase and installation of two (2) RO skids RO 1 & 2, each 1 MGD. Incorrect: Installation of RO skid Page 8 of 14 Project Name: Double click and insert proiect name here PART 4 — PROJECT BACKGROUND AND SUPPORTING INFORMATION Please clearly and briefly answer the following questions and provide supporting information. All information concerning a statement of work and deliverables schedule must appear on this document on the pages and in the order requested. Do not reference other documents or exhibits elsewhere in the document. 1. Readiness to Construct FY13 funding is for construction that will take place between October 1, 2012 and August 30, 2013. All deliverables for this project /phase are to be completed by August 30. 2093 in order to fulfill the District's contract requirements. Therefore, provide sufficient information clearly demonstrating that this project can be completed by this date, taking into account reasonable delays. Please answer the following questions. If the answer to any question is no, please explain. Y N NIA • Have the project design and bid drawings been completed? • Has a contractor been selected? • Have all agreements, right -of -ways, etc. been executed? If applicable, list all relevant permits needed to start or continue construction in Table 4 below. See Appendix B for required information from permit(s). Table 4. Permits Agency Permit No. Permit Type (WaterANW, ERP, CUP, Building) Permit Obtained? Permit Date (expected date if not obtained et Yes No 2. Have all necessary items to begin construction (e.g., bidding, contractor selection) been completed? Yes No (If no, complete table below.) Other items required before construction can begin (e.g., bidding, Completion Date contractor selection). Attach additional sheet if necessary. Page 9 of 14 Project Name: Double click and insert project name here 3. Provide the name of the related 2006 Water Supply Plan (WSP) project or the most recent updated WSP project title associated with the proposed work. In Appendix C, attach the page from the WSP listing the referenced project and highlight the specific project identified in the WSP. The list of projects can be found in Appendix A of the LEC, LWC, and KB plans, and in Appendix F of the UEC plan. (Water Supply Plans can be accessed at www.sfwmd.gov under Topics, Water Supply, then Water Supply Planning). Projects are listed by county. If the project is not included in the WSP, please indicate if it is included in a 10 -year Water Supply Facility Work Plan or local government comprehensive plan and, if so, include the appropriate portion of the plan in Appendix C. Name of 2006 Water Supply Plan Project or most recent updated WSP project title or Capital Improvement Element 4. If the project involves alternative water from a groundwater source (e.g., Floridan aquifer) the District requires electronic submission of all hydrogeologic data collected during the project. This will provide the District with a scientific understanding of the alternative groundwater resource. The District has provided a well data template for your reference at http: / /www.sfwmd.gov /AWS (scroll down and click documents in the right -hand corner of the related multimedia box). If the project involves development of alternative groundwater resources, describe your data collection plan for determining the capabilities and limitations of that resource at your locality. 5. Please address each of the following factors: Show how the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts. b. Show how the project reduces competition for water supplies. C. Identify the traditional source being replaced and /or any minimum flow, level, or reservation the alternative source utilized that this project is helping to implement. Explain. d. If the project is going to be implemented by a consumptive use permittee that has achieved the targets contained in a goal -based water conservation program approved pursuant to Section 373.227, F.S., please provide details. If not, briefly describe your conservation program. e. Describe the quantity of water supplied by the project as compared to its construction cost. Provide a calculation showing the average annual daily quantity of water supplied by the project (expressed in millions of gallons of water), divided by the annualized capital cost of the project. If the project will not be used continuously, please provide the annual amount of water that will be supplied by the project. f. Indicate the percentage of the total water - producing capacity of the system that this project will provide. g. Is the construction and delivery to end users of reclaimed water a major component of the project? What portion of the reclaimed water will replace direct potable use? h. Does the project implement reuse that assists in the elimination of domestic wastewater ocean outfalls, as provided in Section 403.086(9). Page 10 of 14 Project Name: Double click and insert project name here Has the county or municipality, or the multiple counties or municipalities, in which the project is located, implemented a high -water recharge protection tax assessment program, as provided in Section 193.625. j. Is the project going to be implemented by a multi - jurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. k. If the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in a multi jurisdictional water supply entity or regional water supply authority describe the plan and its goals. I. Identify the source(s) and percentage of project costs to be funded by the water supplier or water user. Is the entity a Rural Economic Development Initiative (REDI) community? List any other funds being sought and the expected date of approval. M. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. FOR REUSE PROJECTS: 6. Pursuant to subsection 373.707(9)(a -d) of the Florida Statutes, please show that reclaimed water made available through your project is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water. Also, verify that education programs are in place to inform the public about water issues, water conservation, and the importance and proper use of reclaimed water. 7. Please provide the following information in electronic format, such as shape files or AutoCADO. a. Existing and future wastewater service area boundary. These files must be editable. b. Existing and proposed reclaimed water distribution lines with size and distribution areas. c. Existing and proposed reclaimed water end users. Page 11 of 14 Project Name: Double click and insert project name here 8. In the table below, list the reclaimed water users that will connect to the proposed reclaimed water project. Table 5. Reclaimed Water Users Name User Demand (MGD) Has an agreement been executed? (Y /N) Estimated Connection Date Total user demand NIA NIA Proposed project capacity NIA NIA Page 12 of 14 Project Name: Double click and insert project name here South Florida Water Management District FY2013 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, , (Authorized Representative of the project owner) this day of , 2012 who, first being duly sworn, as required by law, hereby acknowledges: 1)The statements contained in this project information package are true, correct and complete to the best of his /her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2)The undersigned represents that the described deliverables for this phase of the project will be completed and invoiced no later than August 30, 2013. 3)The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this day of , in the year 4)The undersigned represents that the project owner understands the alternative water supply project contract expiration is September 30, 2013, and further understands that if construction is not completed by that date, the South Florida Water Management District reserves the right to rescind alternative water supply funding for Fiscal Year 2013. 6-1 Ir_A11 =[o]A COUNTY OF Project Owner's Representative Print Name SWORN TO and subscribed before me day of 2012. Such person(s) (Notary Public must check applicable box): [ ] is /are personally known to me. [ ] produced a current driver license(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) Page 13 of 14 Notary Public Project Name: Double click and insert project name here APPENDICES Appendix A: Contract Documents and Agreements Supporting Documentation (Attach copy of first five pages and the signature page of each document referenced in the Introduction /Background Section of this document). Bid Documents Contractor Selection Right -of -way or other agreements Appendix B: Permit Supporting Documentation (Attach copies of first five pages and the signature page of the eQ rmits referenced in Table 4, Introduction /Background Section of this document. SFWMD Permit information should include Limiting Conditions and the GIS Serviced Area section of the Permit.) Appendix C: Water Supply Plan Project Supporting Documentation (Attach a copy of the appropriate page in the Water Supply Plan showing the project that the proposed project is helping implement and highlight the project. A list of projects can be found in Appendix A for the 2006 Lower West Coast, Lower East Cost, and Kissimmee Basin WSPs or Appendix C in the case of the Upper East Coast Region of the 2011 WSP). Additional appendices, if needed, should be added following Appendix C, referenced within the document, and listed on a table of contents. Page 14 of 14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 24, 2012 SUBJECT: AGENDA ITEM B.K. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 INTERLOCAL AGREEMENT/ SCHOOL BOARD OF PALM BEACH COUNTY Page 1 of 1 ITEM BEFORE COMMISSION An Interlocal Agreement between the City of Delray Beach and the School Board of Palm Beach County Concerning Student Information. BACKGROUND The purpose of the attached Interlocal Agreement between the City and the School Board is to enable the School Board to share student information with the City to further the goals of both the City and the Board to increase 3rd grade reading proficiency by 50% by 2020 for low- income students attending schools located within the City's geographic boundaries. RECOMMENDATION The City Attorney's Office recommends approval. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD= 5802 &MeetingID =384 8/3/2012 INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND THE CITY OF DELRAY BEACH CONCERNING STUDENT INFORMATION THIS INTERLOCAL AGREEMENT is made this day Of 2012, between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida ( "Board ), and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida ( "City -), each one constitutinga public agency as defined in Part I of Chapter 163, Florida Statutes. `�"Jf 9 NMESSETH, WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments 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 that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the School Board of Palm Beach County ( "School Beard ") provides public education to over 174,004 students and believes in protecting and promoting the education of school children; and WHEREAS, the City desires to increase 3rd grade reading proficiency by 50% by 2020 for low- income students attending schools located within the City's geographic boundaries; and WHEREAS, both parties are committed to promoting and improving the health and well -being of students, their families and staff through various programs, including 1 but not limited to the comprehensive services and school programs that achieve learning readiness and enhance their quality of life; and WHEREAS, the School Board in accordance with School Board Policy 5,50 may disclose aggregate student information to the City in furtherance of the parties' goals in accordance with this Agreement. NOW, THEREFORE, the parties hereto do hereby mutually agree as follows: The following terms shall have the meanings as described below when used in connection with this Agreement. I. RECITALS The parties agree that the foregoing recitals are true and correct and such recitals are incorporated herein by reference. II. DEFINITIONS A. "Personally identifiable student information" includes, but is not limited to the student's name; the name of the student's parent or other family member; the address of the student or student's family; a personal identifier, such as the student's social security number or student number, or biometric record; Indirect identifiers, such as the student's date of birth, place of birth, and the mother's maiden name; other information that alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who doses not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who the education agency or institution reasonable believes knows the identity of the student to who the education record relates. B. "Disclosure" means permitting access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means to any party except the party identified as the party that provided or created the record. 2 C. "Education records" means those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. III. DISCLOSURE The School Beard may not release personally identifiable student information contained in student education records or reports without the written consent of the student's parent, or of the student himself or herself if he or she is qualified as eligible, to any individual, agency, or organization, except as allowed by law. The Schooi Board may release education records without consent if all personally identifiable information has been removed. The parties acknowledge that the performance of this Agreement involves a process in which certain of the School Board's pre- existing student information may be disclosed to the City, after such information has been de- indentrfied and all personally identifiable information has been removed, in order to allow the City to carry out its goal of increasing 3'1 grade reading proficiency by 50% by 2020 for low - income students. Such data may be disclosed using a record code for each student which shall not be based upon the student's social security number, student number, or other personal information. The parties further acknowledge their obligation to perform this Agreement in a manner that maintains compliance with the requirements of state and federal law, including, but not limited to School Board Policy 5.50, Fla. Stat.§ 1002.22, and the Family Educational Rights and Privacy Act (FERPA), 20 U.S. C; § 1232g. IV. IMPLEMENTATION Each of the parties agrees to: A. Promote a coordinated effort between the School Board and City and their staffs to achieve maximurn academic success of students; B_ Comply with state, federal laws, and School Board policies; and C. Cooperate in evaluating, understanding, and analysing information set forth in Exhibit "A' 3 V. SAFEGUARDING INFORMATION: A. The City agrees that, in accordance with state and federal law. it shall not use or disclose any of said information which would violate the terms of this Agreement. Upon request; the City shall furnish to the School Board information provided to the City under this Agreement. including new information created through analysis of School Board information. B. to the Parties agree. 1. City shall provide the School Board with the list of attendees in the summer learning program as described in Section V of Exhibit A. The School Board shall provide the City with aggregate information for applicable students as set forth in Exhibit A in order to assist the City in measuring the Atlantic High School Graduation Rates, l=CAT Reading, Attendance, and Kindergarten Readiness; 2. School Board shall not be held liable for inaccuracies that may be contained in the data; 3. The City shall furnish to the School Board, at least one (1) time per year, any studies, or reports prepared by the City utilizing information obtained by the City under this Agreement. VI. TERM: AMENDMENT AND TERMINATION: A. The term of this Agreement shall begin on August 1, 2012 and shall expire on July 30, 2014. This Agreement may be extended for up to three (3) additional one (1) year terms if agreed to by both parties in writing. B. This Agreement incorporates all prior negotiations, interpretations, and understandings between the parties and is the full and complete expression of their agreement. Any change, alteration, deletion, or addition to the terms set forth in this Agreement must be by written Amendment executed by the parties. C. Any party may terminate this Agreement without cause, by providing a minimum of thirty (30) days written notice to all other parties. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date first set forth above. ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney ATTEST, Print Name: Approved as to Form and 4901 Suff, Y. Leg I S '7 Se ool Board Attorney CITY OF DELRAY BEACH, FLORIDA L-In Nelson S. McDuffie. Mayor SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA A*- Frank A. Barbieri, Jr., Esq., Chairman By: E. Wayne Gent, Superintendent of Schools Exhibit "A" 1. FLAT Reading: At least one (1) time per year, as the data becomes available, the School Board shall provide to the City FCAT reading scores for students grade 3 only by each of the following categories- A. Gender (Males vs. Female), B P-SOL (vs. non ESOL), C. FRL (vs. ; ion -FRL, D. ESE (vs. r.or~ -ESE), and E. Ethnicity. for each of the following seven (7) Delray Beach Elementary Schools: 1. Banyan Creek, 2, Orchard View, 3. Pine Grove, 4. Plumosa, 5. Village Academy, 6. SD Spady, and 7. Morikami. II. Attendance: At least one (1) time per year, after the close of each school year, the School Beard shall provide to the City the data listed below for students grades K, 1, 2, and 3who miss between teas to seventeen (10 -17) days of school and for thosewho miss eighteen (18) days or mare, : A. School (total attendance), B. Grade Level (K, 1, 2, or 3) C. ESOL (vs. non- ESOL), D. ESE (vs. non -ESE), E. FRL (vs. non -FRL), F. Gender, (Male vs. Female), and G. Ethnicity. For all of the following seven (7) Delray Beach Elementary Schools in the aggregate and broken down individually by each of the following schools- 1. Banyan Creek, 2. Orchard View, 3. Pine Grove, 4. Plumosa, 5. Village Academy, B. SD Spady, and 6 7. Morikami. Ill. Kinder garten Readiness. At least one (1) time per year, data regarding kindergarten readiness shall be provided to the City by the School Board including the following categories: A ESOL (vs, non- ESOL), B. ESE (vs. non -ESE), C. Ethnicity, D. FRL (vs. non - FILL), E. Gender (Male vs Female), and F. Voluntary Pre- Kindergarten (vs. non VPK students). for each of the following seven (7) Delray Beach Elementary Schools: 1_ Banyan Creek, 2. Orchard View, 3. Pine Grove, 4. Plumosa, 5. Village Academy, 6. SD Spady, and 7. Morikami, IV. Atlantic Hiah School Graduation Rater: At least one (1) time per year as available, the School Board shall provide the City with graduation rate information based on the following categories: A. District Graduation Rates, B. State Graduation Rates, and C. Atlantic Community High School Graduation Rates, as further broken down by: A. ESOL (vs. non- ESOL), B. ESE (vs. non -ESE), C. FRL (vs. non FRL), E. Gender (Male vs. Female), and F. Ethnicity_ V, Summer Learning: At least two (2) times per year in May and September, the School Board shall provide the City with data for students from each of the School Board's Summer Enhancement Programs located within the City of Delray Beach, including, but not limited to' Kindergarten Backpack Program, 2 I Grade Summer Reading Program, etc. based on the following categories for grades K, 1, 2, and 3: A. ESOL (vs. non- ESOL), B. ESE. (vs. non ESE), C. FRL (vs. non -FRL). D. Gender (Male vs. Female), E. Ethnicity, and F. Grade Level. for the folloying seven (7) Defray Beach Elementary Schools in the aggregate and broken down individually by each of the fallowing schools: 1. Banyan Creek, 2_ Orchard View, 3. Pine Grove, 4. Piumosa, 5. Millage Academy, 6, SD Spady, and 7. Morikami 8 . Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 25, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 MEMORANDUM OF AGREEMENT /CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY ITEM BEFORE COMMISSION Memorandum of Agreement between the City of Delray Beach and The Children's Services Council of Palm Beach County Concerning Student Information. BACKGROUND The purpose of the attached Memorandum of Agreement between the City and The Children's Services Council (CSC) is to enable the CSC to share student information with the City to further the goals of both the City and the CSC to increase 3rd grade reading proficiency by 50% by 2020 for low- income students attending schools located within the City's geographic boundaries. RECOMMENDATION The City Attorney's Office recommends approval. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 5805 &MeetinglD =384 8/3/2012 MEMORANDUM OF AGREEMENT The Children's Services Council of Palm Beach County ( "CSC ") has agreed to provide data to the City of Delray Beach ( "City ") for the period August 1, 2012 through July 30, 2017. WHEREAS, the mission of the Children's Services Council of Palm Beach County (the "Agency ") is to enhance the lives of Palm Beach County children and their families to enable them to attain their full potential by providing a unified context within which children's needs can be identified and resolved by all members of the community. In order to achieve its mission the Council will plan, develop, fund, and evaluate programs and promote public policies that benefit Palm Beach County's children and families; and WHEREAS, the City of Delray Beach (the "City') desires to increase 3`d grade reading proficiency by 50% by 2020 for low- income students; and WHEREAS, both parties are committed to improving the well -being of students, their families, and staff through various programs, including but not limited to the comprehensive services and programs that achieve learning readiness and enhance their quality of life. NOW, THEREFORE, the parties hereto do hereby mutually agree as follows: CSC agrees to transfer data to the City in accordance with the following schedule and terms: 1. Data transfers from the CSC to City will be made in accordance with the following procedures: A. Attendance. At least one (1) time per year as available, CSC shall provide to City data illustrating attendance for grades K, 1, 2, and 3 based on the following categories: 1. By School (total) and 2. By Grade Level This data shall be further broken down by: 1. ESOL (vs. non- ESOL), 2. ESE (vs. non -ESE), 3. FRL (vs. non FRL), 4. Gender (Male vs. Female), and 5. Ethnicity. for each of the following seven (7) Delray Beach Elementary Schools: a. Banyan Creek b. Orchard View C. Pine Grove d. Plumosa e. Village Academy f. SD Spady g. Morikami B. Condition - CSC's obligations under Section I.A. above are subject to CSC continuing to have access to such data. I+ 11. Term: This Agreement shall be effective on August 1, 2012 and shall not expire until July 30, 2017. This Agreement may be extended for up to three (3) additional one (1) year terms if agreed to by both parties in writing. (I1. The City agrees to share any reports that it creates from any of the data provided to it by CSC, as they become available, within thirty (30) days of creation of same. IV. Neither party will be liable for, or have any obligation to defend the other party against claims, suits, judgments, or damages, including court costs or attorney's fees, arising out of the negligent acts of the other party, it being agreed that each party is responsible for its own actions or failure to act. CSC and the City agree to comply with the terms of this Memorandum of Agreement. ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, FLORIDA Gaetana Ebbole, CEO Date: CITY OF DELRAY BEACH, FLORIDA Nelson S. McDuffie, Mayor Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: July 31, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 HOUSING REHABILITATION GRANT /CONTRACT AWARD/ 135 S.W. 6TH AVENUE ITEM BEFORE COMMISSION Approval is requested for one (1) NSP Housing Rehabilitation project(s) to be awarded to the selected general contractor for acquired NSP properties for the total amount of $17,231.55. BACKGROUND On February 21, 2010, the City publicized a Request for Qualification (RFQ 08- 2010NS) to obtain qualified firms and /or individuals to execute miscellaneous services, including: Real Estate Professionals, Financial Institutions for Mortgage Lending, Appraisal Services, Title Agencies, and General Contractor Service Providers for NSP properties. On April 20, 2010, contractors for Home Inspection Professional Services were solicited under RFP 08- 2010NS and RFP 08- 2010NS (A), contingent on the same being approved by the Florida Department of Community Affairs and were approved by Commission on April 20, 2010 and October 19, 2010. Project awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. Additional costs may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the NSP Housing Rehabilitation program. Inspection of work is done by Gil Valdes, Inc. (approved through RFP 11- 201ONS at the June 15t` Commission meeting), the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the City. A contractual agreement is signed by Gil Valdes, Inc. and the contractor with each award. The City remains the agent and this office and housing inspector monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and City representatives signatures ensuring all City approved Policies and Procedures have been adhered to. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations prior to resale. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded on a rotating basis to the approved contractors, as a result of a formal bid process. The following housing rehabilitation project to be awarded to the selected general contractor (lowest responsive bidder) for the rehabilitation is: http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 5826 &MeetinglD =384 8/3/2012 Coversheet Page 2 of 2 Property Address Contractor Rehabilitation Cost 135 SW 6th Avenue All Phase Roofing & Construction $17,231.55 FUNDING SOURCE Neighborhood Stabilization Program 118- 1935 -554 -62.12 RECOMMENDATION Staff is recommending the a pproval for one (1) Housing Rehabilitation project to be awarded to the selected general contractor per RFQ 08- 2010NS and RFP 08- 2010NS (A) for the total amount of $17,231.55. http: // itwebapp /AgendalntranetBluesheet. aspx ?ItemID =5 826 &MeetingID =3 84 8/3/2012 CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET QUOTE # 411 PROJECT ADDRESS: 135 SW 6th Avenue DATE OF BID LETTERS: July 9, 2012 DATE OF BID OPENING: July 23, 2012 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc C J Contracting, LLC Gentile LLC Solid Builders Construction Company Stacy Bomar Construction LLC In -House Estimate: RECOMMENDED CONTRACTOR: BID /CONTRACT AMOUNT: Contingency: 5% BID AMOUNT BID BOND $16,030.25 JAII Phase Roofing & Construction, Inc. $16,411,00 820.55 $17,231.55 FUNDING SOURCE: DCA- Neighborhood Stabilization Program Account # 118 -1935- 554 -62.12 COMMENTS: Staff recommends oroiect to be awarded to the lowest responsive bidder. Revised 12/7/10 FFM U J N .0 O C U � U O U J O_ U N R d E U E c6 d w c CY c i 2 U O W N � C a m U Z Q L d U = N C O N m T Q N d O 5 D p N O O N r C O U) O N — _ T W a 0 z di w Q W m 0 H 2 � C!1 > W w m a z Z o af Q o a 2r Q o 0 m o a Cl) m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 V' O O M �O O O O M O 0 0 Q) N O O 61 M N O N 69 69 EA 64 H3 U} Ef3 Er? Efj 64 U} CA EA EA ER Ef3 H'> 64 tis O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O � M O lfJ l.f) � 0 4'J 0 CD 0 CO M 0 D7 �— O (D c4 N O CD o0 0 N 0 CD 0 N O o0 f� N M ti EH fH fA (» EA EH EH fH fA ES3 ER EFr E9 EH 64 ER e9 Cy3 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 G0 Q m r r- W N O O (D N Q) M CO m _ EH EA EA EA fA EA F3 cfi <A v3 EA CH (A �» 69 63 �i3 cA �fJ 0 0 0 0 0 0 0 t� ICJ O O O O O O O O O O O O O O N CO N O O O O lC� It'i O O O O LIJ O i.CJ L(J O V Lr M N 0 0 0 CD o! N V' 'r r N CV I` O cD N N O 69 6s 66) v3 fSi rf} E/3 E» EfJ EA EA e9 10 F1 cA ES3 H3 O n c_ o U) � 4l O p O N p C Jp m O O_ E 0 x z .cU p Y LL o U) c o D ED c U) x 0 �C 0 _ w o O ) 'O E LL � O N- c «. S � � U C - 'n p C m o U) p Ql U 4J L Q) C (6 Q) O U) = U Q ~� w U W — W > m n° a> a a m a o W a� `v s v o N a u o iQ O i c� cp ti O r- O N N N N N N N N N O N O M Q Q Q NS TO PICK UP CHECK PO # CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM 1 HOUSING REHABILITATION PAYMENT REQUEST Date: June 26; 2009 Account# 116-1Wb-554-62.12 Invoice # 135 SW 6th Avenue - Contractor File # -390 Mailing Address Property Owner: City of Delray Beach Site Address: 135 SW 6th Avenue Delray Beach, FL 33444 CONTRACT AMOUNT PLUS CHANGE ORDERS REVISED CONTRACT AMOUNT TOTAL WORK COMPLETED RETAINAGE (10%) TOTAL LESS RETAINAGE LESS PREVIOUS PAYMENT(S) TOTAL PAYMENT DUE CONTRACTOR COMPLETED. (IF FINAL PAYMENT, CONTRACTOR IS TO ATTACH A COPY OF THE CITY OF DELRAY BEACH CERTIFICATE OF OCCUPANCY DATE CONTRACTOR'S SIGNATURE PERFORMED ON MY PROPERTY LOCATED AT THE ABOVE ADDRESS AND APPROVE SAID PAYMENT DATE HOME OWNER'S SIGNATURE I HAVE INSPECTED THE REHABILITATION WORK ON THE ABOVE NAMED CONTRACT AND FOUND THE WORK TO BE SATISFACTORY AND IN FULL COMPLIANCE WITH THE CITY OF DELRAY BEACH AFFORDABLE HOUSING REHABILITATION PROGRAM STANDARDS AND WORK WRITE -UP. I ALSO CERTIFY THAT THE CONTRACTOR HAS DELIVERED ALL NECESSARY DOCUMENTS AND PAPERS (FINAL REQUEST ONLY). THEREFORE, I AUTHORIZE THE PAYMENT OF $ . I FURTHER CERTIFY THAT ALL REQUIRED/APPLICABLE PERMITS AND INSPECTIONS HAVE BEEN ISSUED, CONDUCTED AND APPROVED FOR THE INVOICED WORK DATE NEIGHBORHOOD SERVICES REHABILITATION INSPECTOR DATE NEIGHBORHOOD SERVICES ADMINISTRATOR DATE DIRECTOR OF COMMUNITY IMPROVEMENT No: 11 -390 PARTIAL PAYMENTS ARE MADE ON A PER CONTRACT BASIS IN THE AMOUNT OF 90% OF VALUE OF WORK COMPLETED, NOT TO EXCEED 75% OF THE TOTAL CONTRACT * ** AMOUNT THIS REQUEST column is equal to the TOTAL COMPLETED column less the 10% retainage column Description Scheduled Value Previous Requests This Request Total Completed Balance To Finish Retainage 1 Install New Roof $ - $ $ - $ $ - $ 2 Paint House Complete $ - $ $ - $ - $ - $ 3 Repair Screen Door $ - $ - $ - $ $ - $ - 4 Repair Window $ - $ - $ $ - $ - $ - 5 Repair irrigation System $ $ - $ $ - $ - $ - 6 Install Cabinets and Counter Top $ - $ - $ $ - $ - $ - 7 Repair Ceramic Wall Tile $ - $ - $ $ - $ - $ - 8 Service All Bi -Fold Doors $ - $ - $ $ - $ - $ - 91 Final Clean Up $ - $ - $ $ - $ - $ - 10 Repair Toilets $ - $ - $ $ - $ - $ - 11 Replace Shower Diverter $ - $ - $ $ - $ - $ - 12 Install Exterior Light Fixture $ - $ - $ $ - $ - $ - 13 Install Interior Light Fixture $ - $ - $ $ - $ $ - 14 Repair Electrical Serivice $ - $ - $ $ - $ $ %15 Install Prehung Exterior Door $ - $ - $ $ - $ - $ - 16 Remove and Replace Kitchen Sink $ - $ - $ $ - $ $ - 17 $ - $ - $ $ - $ $ 18 $ - $ - $ $ - $ $ - 19 $ - $ - $ $ - $ $ 20 $ - $ - $ $ - $ $ 21 $ - $ - $ $ - $ - $ 22 $ $ - $ $ - $ - $ 23 $ - $ - $ $ - $ - $ 24 $ $ - $ 25 $ $ - $ $ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ - $ $ - $ $ $ - Total $ - $ - $ - 1 $ - $ I $ - * ** AMOUNT THIS REQUEST column is equal to the TOTAL COMPLETED column less the 10% retainage column Housing Rehabilitation Inspector Check List Home Owner: Address: 1 Receive file from Rehab Specialist 2 Contact Home Owner and perform Write up 3 Take before pictures and notate the file 4 Produce In -House and Contractor bid Documents for batch release 51 1 Attend bid opening 61 1 Award bid 71 1 Prepare summery 81 1 Prepare Bid Information sheet 91 1 Prepare pay request work sheet 10 Attend contract conference 11 Execute contract 12 Monitor permit process 13 Address change orders as necessary 141 1 Submit pay requests as needed 151 1 Monitor work to completion punch list M Submit final pay request with C/O And warranty documents 18Prepare Take after pictures and notate the file (;oversheet 1011010V [IRT.1110 11110V I TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: . July 31, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 HOUSING REHABILITATION GRANT: CONTRACT AWARD /102 S.W. 8TH STREET ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation contract to be awarded to the lowest responsive bidder. Funding for the projects is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following project: ■ 102 SW 8 th Street / Abissett Corporation. /$28,922.25 = Total Rehab Cost: $30,440.57 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional costs may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in -house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD =5831 &MeetingID =384 8/3/2012 Coversheet Page 2 of 2 professional in -house estimate. This serves to disqualify unreasonably low bids and therefore, protect against the resulting change order requests. In this case, two bids received were below the in -house estimate. Staff comments can be found on the bid information sheet to clarify the selection process. FUNDING SOURCE Community Development Block Grant 118- 1963 -554 -49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation contract to the lowest responsive bidder, Abissett Corporation. http -H itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID =5831 &MeetingID =384 8/3/2012 CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BIDIQUOTE #: BID # 08.2012NS APPLICANT: DelDdce Carnegie PROJECT ADDRESS: 102 SW 8th Street DATE OF BID LETTERS: June 29.2012 DATE OF BID OPENING: July 24,201 GENERAL CONTRACTORS Abisset Corporation All Phase Roofing All -Site Construction, Inc, Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. CSB Construction, Inc JIJ Construction Corp. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Sunband Builders Construction Inc. In -House Estimate: RECOMMENDED CONTRACTOR: BIDiCONTRACT AMOUNT: 5% Contingency Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CCNTRACT AMOUNT FUNDING SOURCE: Account # COMMENTS: Recommend lowest SID AMOUNT BID BOND $ 27,545.00 $ 42,590,00 $ 28,220.00 $ - no -bid $ 33,679.75 lAbisset Corporation $ 27,545.00 $ 1,377.25 $ 28,922.25 85.00 WA 964.22 19.10 30,440.57 Community Development Block Grant (CDBG) 118 -1963- 554 -49.19 cnsive bidder cn ?> 'a -D w z N N N N N L N O U C6 m N 7k •� ClJ O N O IIl � w Q fl W m z LLI � 6� (r w z LU Z F L W c Q z o 4 O CO O Q m R] :F:. -:,: ec:11saayFu mi�orc raa'�:` O E :6 �5y cis Y'�Z^ 4j'_• :F000C O O Q Q a-C: O O O 0 QQ 0 0 000000 0 0 0 0 O O 0 O !�'-ii'v " "'-G:�'•'•=�- '� =' •(O O 6 0 0 C7 0 0 CJ C7 0 C7 C7 0 0 0 O 's=i ^.:i ?:' -:O '= ^• LO O O O O O O O N O 00 O O N O N : CM cl r c-• 00 N "23yg r 01 H9 H3 E!} u: Eli i{} eH 6 Ef3 ea H} 7V`,r c:•_�3EF::'- O O O O O O Q O O O O C=, O O O O O =:000 a � ..�... O O O 0 O 00000000000 0 0 0 0 0 0 0 0 'O O 0 O UJ O �• N cD N M M M o0 O O V a> m� 0) O O O o0 O M M O O N t.0 O m LO N O N Ifs N N .— ":I- N ,n: e9 ? E 9 EA o0000000aooa000a o CC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •.isx =:ii d cli O C> O CD C7 0 LO 0 r— O O O O t1'J d 00 d LO r— Ifs +it?. {v-;''r? d' N CO N CO CO � O_ N ICJ N Lc'1 N <Y N �Y � CN lu} EH Ef 6f1 6P1 v)- bs eF} 69 Ef} EA G-) K3 V3 69 e4 il1 ��•cnr ?riii,. ?_r. 0 0 0 0 0 0 0 0 0 U7 0 O 0 O 0 O N Cj 0 O 0 0 0 0 0 0 0 0 0 0 4 0 ti O Lo I.() M O CO 4 CO O O H O O iC) 1.fi N O M ch O O Oi O 01 M Ir �i"7 to l{7 Cl) O 00 N Cb N N 2' co 'd• M LC) M f�. CO _ :i LEE` i= L6 cV Obi N M N M gut -• rr_ve -•r-ra 64 EF} ER EA EA EA Ef3 Eft EFy ff7 i!3 Eli EJ} e9 E!-1 Y LL I.U. 4 L O O m 1-0 a) U)_ O LL- N O E O Q C; Cn N '� R O to Q � O N Z 'd ..J U J CO) '-.• m SC 00•c N C O O 4) c U ~ o W ow �� W > W U) =W _ E S�� 0� A -0 m C c c c c c 0- c cQ� U c W' N M a• IA CO ti oO GJ O r N M d' u lco O O N CO I N N ED N N N Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR P. NIGEL ROBERTS, NEIGHBORHOOD SERVICES DIVISION THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: August 3, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 HOUSING REHABILITATION GRANT/ CONTRACT AWARD: 238 NW 14TH AVENUE ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder. Funding for the projects is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following projects: 238 NW 14 th Avenue / South Florida Construction Services Inc. /$32,070.00 = Total Rehab Cost: $35,630.41 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division Office. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD= 5868 &MeetingID =384 8/3/2012 Coversheet Page 2 of 2 The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in -house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in -house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. In one case, several bids received were below the in -house estimate. Staff comments can be found on the bid information sheet to clarify selection process . FUNDING SOURCE Community Development Block Grant 118 - 1963 -554 -49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award(s) to be awarded to the lowest responsive bidder. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5868 &MeetingID =384 8/3/2012 CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID /QUOTE #: BID # 09.2012NS APPLICANT: Patrick Marsh PROJECT ADDRESS: 238 NW 14th Avenue DATE OF BID LETTERS: July 9, 2012 DATE OF BID OPENING: August 3, 2012 $ 32,070.00 5% Contingency GENERAL CONTRACTORS 1,603.50 BID AMOUNT BID BOND Abisset Corporation $ 47,238.00 Yes All Phase Roofing N/A Termite Inspection All -Site Construction, Inc. $ - Built Solid Construction, LLC $ 35,895.00 Yes Citywide Construction Services, Inc. $ 42,095.00 CJ Contracting, LLC $ - Cordoba Construction Co. $ 35,350.00 Yes Haywood Construction $ - CSB Construcdon,lnc. ' $ - JIJ Construction Corp. $ - MacDonald Construction Company of Palm Beach $ - No bid Ray Graeve t£ Sons Constriction, Inc. $ 42,970.00 Yes South Florida Construction Services, Inc. $ 32,070.00 Yes Sunband Builders Construction Inc. $ - No bid In -House Estimate: $ 36,417.62 RECOMMENDED CONTRACTOR: South Florida Construction Services, Inc BIDICONTRACTAMOUNT: $ 32,070.00 5% Contingency $ 1,603.50 $ 33,673.50 Lead Inspection 450.00 Lead Clearance N/A Termite Inspection NIA Termite Treatment 1,487.81 Recording Fees 19.10 GRANT CONTRACT AMOUNT 35,630.41 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 11 &1963554-49.19 COMMENTS: Recommend awarding to lowest responsive Bidder �s v Fn aci, Cod, Nw I Ell- WE I I ma. U'� -n CD gp CO cq -..r lul)lUlliv C4 1-m cl� 6F3 64 H9 E- C2 C> C:l 1= 'R C> -! !F� S 'ISIS Ml: Cl q C> ap L6 -� - - - ci C5 IM 0 10 C> 8 Vp IS 9 crt cl� - - - �i Ct cl� 'All 1 Ng ED S 2 Lo r;; 9 6 .8 R! ;t I` cli In 1-r N m CA Lq - I-L Ld MM? O In CD Iq q L6 6 m LO r.- lx� cl) 'r Lq p non 49 4A og, .0> G,� fR U , FPr ea, 613 O U) T -6 U) LL LL 0 '0 > (D 0 Cn L ii o C'C C) FL 0 '.s :5 3 .0 0 -se Coversheet 101-1-20111 ]I:\►11111/ I TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: August 1, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 CDBG /AMENDMENT TO FY 2010 -2011 CONSOLIDATED ANNUAL ACTION PLAN ITEM BEFORE COMMISSION Request to amend FY2010 -2011 Annual Action Plan to include the reallocation of $307,244.00 in funding to Demolition, Economic Development and Housing Rehabilitation activities within the CDBG target area. BACKGROUND The U.S. Department of Housing and Urban Development (HUD) requires that unused funds from prior years shall be considered as funds available for reallocation, unless the appropriation under which the funds were provided to the Department has lapsed. The reallocation should be adopted by the City Commission and approved by HUD, before the City can utilize those CDBG funds. The FY2010 -2011 Action Plan was approved by HUD on August 3, 2010 and included $627,402 for the first year of the City's 2010 -2015 Five -Year Consolidated Plan. The proposed amendment will reallocate $307,244 of unused funds toward the following activities located within the CDBG target area: Economic Development $125,000.00 (Microenterprise and Technical Assistance) Demolition $ 30,000.00 Housing Rehabilitation $152,244.00 TOTAL CDBG FY10 -11 PROPOSED REALLOCATION $307,244.00 http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD= 5849 &MeetingID =384 8/3/2012 Coversheet Page 2 of 2 The amendment to the Action Plan can be found on page 15 under CD Objective 4. FUNDING SOURCE Community Development Block Grant RECOMMENDATION Staff recommends approval of request to amend FY2010 -2011 Annual Action Plan to include the reallocation of $307,244 in funding Demolition, Economic Development and Housing Rehabilitation activities within the CDBG target area. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD= 5849 &MeetingID =384 8/3/2012 4¢P _'tdE Wr o," r+ First Program Year Action Plan DE The CPMP First Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Complete the fillable fields (blue cells) in the table below. The other items are pre -filled with values from the Grantee Information Worksheet. Date Submitted 08/15/10 Applicant Identifier Type of Submission Date Received by state State Identifier Application re-application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction ❑ Non Construction ❑ Non Construction Applicant Information City of Delray Beach FLi2o7 2DELRAYBEACH Street Address -loo NW 1st Avenue Organizational Duns 07- 7283737 Street Address Line 2 Organizational Unit City Delray Beach Florida Community Improvement i -33444 —Department- ICountry - U.S.A. Division- Neighborhood Services Employer Identification Number (EIN): County - Palm Beach 9- 6o00308 Program Year Start Date - to i /2010 Applicant Type: Specify Other Type if necessary: Local Government: City- 0 Program Funding U.S. Department of Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles Housing Rehab.; Econ. Dev.; Public Service; Demolition; Administration Description of Areas Affected by CDBG Project(s) CDBG Target Area $CDBG Grant Amount $627,402 $Additional HUD Grant(s) ILeveraged escribe ID $Additional Federal Funds Leveraged $Additional State Funds Leveraged $800,000 DRI $Locally Leveraged Funds $Grantee Funds Leveraged $149,430 UDAG Repayment, Delray Beach General Fund $Anticipated Program Income Other (Describe) Total Funds Leveraged for CDBG -based Project(s) $949,430 Home Investment Partnerships Program 14.239 HOME HOME Project Titles Description of Areas Affected by HOME Project(s) $HOME Grant Amount SAdditional HUD Grant(s) [Leveraged Describe First Program Year Action Plan 1 Version 2.0 City of Delray Beach $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal Funds Leveraged for HOME -based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA P $ HOPWA Grant Amount $Additional HUD Grant(s) 77r�� ILeveraged Date Signed $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA -based Project(s) Emergency Shelter Grants Program 14.231 ESG SG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG -based Project(s) Congressional Districts of. 19, 22, & 23 Is application subject to review by state Executive Order 12372 Process? Applicant Districts I Project Districts 19 Is the applicant delinquent on any federal debt? If "Yes" please include an additional document explaining the situation. ❑ Yes This application was made available to the state EO 12372 process for review on DATE ❑ No Program is not covered by EO 12372 ❑ Yes X❑ No X0 N/A Program has not been selected by the state for review Person to be contacted regarding this application Nigel Roberts Neighborhood Services Administrator 61- 243 -7282 61- 243 -7221 obertspn @mydelraybeach.com www.mydelraybeach.com 71ar%v.m ydelra beach.com o: Lula Butler Dir. of Community Impry Signature of Authorized Representative Date Signed First Program Year Action Plan 2 Version 2.0 City of Delray Beach Narrative Responses Executive Summary The Executive Summary is optional, but encouraged. If you choose to complete it, please provide a brief overview that includes major initiatives and highlights that are proposed during the next year. Program Year 1 Action Plan Executive Summary: The U.S. Department of Housing and Urban Development (HUD) requires that all Community Development Block Grant (CDBG) Program recipients develop an Annual Action Plan component of the five -year Consolidated Plan each year. The Plan serves as the application of funding for the CDBG program and describes the activities that will be undertaken during the next fiscal year. Activities are selected for funding in accordance with the priorities established in the 2010 -2015 Consolidated Plan and in accordance with the primary objectives of the CDBG program which are to 1)create suitable living environments 2)provide decent housing and 3)create economic opportunities. 2010 -2011 CDBG funds have been categorized into the following activities: Activity Proposed Funding Administration (subject to 20% Cap — includes Fair Housing Activities) $ 111,310 Housing Rehabilitation; Single -Unit Residential $ 332,982 Public Facilities & Improvements $ 89,110 Public Service (subject to 15% Ca 000 Total: $627,4o2 General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and /or racial /minority concentration) in which assistance will be directed during the next year. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Program Year 1 Action Plan General Questions response: First Program Year Action Plan 3 Version 2.0 City of Delray Beach Geographical Distribution & Rationale for Assigning Priorities One hundred percent of activities funded in the 2010 -2o11 Annual Action Plan focus on the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Blvd. (south) and from Interstate 95 (west) to U.S. 1 (east). This area includes the downtown business district and twenty -eight residential neighborhoods. The majority of the City's minority and low- to moderate - income population is concentrated within the 728 acres that make up this residential core. The area contains approximately 2,224 dwelling units, including single - family, duplex, and multi- family units. A variety of affordable housing units have come on line within the designated target area over the past 10 years including two owner- occupied single family subdivisions, 175 new infill single family units, seven CODA units: two owned by Community Redevelopment Agency (CRA) and four by Community Land Trust (CLT), one Eagle's nest home through the partnership of the City, CRA and Atlantic High School's construction academy, 20 workforce town homes and 23 affordable rental units. Meeting Underserved Needs In 2010 -11, the City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse needs of its citizens. On an on -going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies to provide a wide array of services to residents in need. In August, 2oo6 the City opened the Delray Beach Neighborhood Resource Center (NRC). The NRC's mission is to enrich the quality of life of City residents and promote a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. During program year 2010 -2011 the NRC office space will continue to serve as home to agencies such as the Delray Beach Community Land Trust, United Way Prosperity Campaign, CROS Ministries/ Caring Kitchen, as well as 2 City funded Neighborhood Services staff positions. The City will continue to utilize its unique network of homeowners associations to foster communication between the City and the neighborhoods at the resident level. In doing so the Community Improvement Department can gain important feedback and citizen input from the residents themselves and overcome obstacles as they present themselves. Resources Available to Address Identified Needs During the 2010 -11 program year, the City of Delray Beach will continue to implement its 2o10- 2o15 Five -Year Consolidated Plan. CDBG program funds will be enhanced through leveraging other Federal dollars, State and Local resources as well as private mortgage funds. The City expects to receive the following funding: Funding Source: Amount: CDBG Entitlement Funds $627,402 State Housing Initiatives Partnership (SHIP) $TBD Disaster Recovery Initiatives (DRI) — carry over from last year $800,000 (approx.) Revenue from Urban Development Action Grant (UDAG) repayment — in support of local Neighborhood Programs $149,430 Children's Services Council (CSC) $ TBD Section 8 Funds (Delray Beach Housing Authority — serves 1,200+ families under this program) $10,767,598 Total: $ 12,344,430 First Program Year Action Plan 4 Version 2.0 City of Delray Beach Because this is the first year of a 5 -year Plan, a majority of the narrative responses required for the Action Plan mirror the narrative responses for the 5-Year Strategic Plan. Accordingly, under each of the narrative headings, we will refer back to answers contained in the Strategic Plan or, as appropriate, provide a specific response regarding the City's intentions for fiscal year 2010. Activities and programs funded focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Boulevard (south), and from Interstate 95 (west) to U. S. 1 (east). This area includes the downtown business district and twenty -eight residential neighborhoods. The majority of the City's minority and low- income population is concentrated within the 728 acres that make up the residential core. The area contains approximately 2,224 dwelling units, including single family, duplex, and multi - family units. The City's only public housing (200 units), and tax credit housing (256 units) facilities are located in the CDBG target area. Two affordable housing project, Allamanda Gardens, consisting of thirty- six single family unit and Swinton Gardens, an 11 unit single - family development, are both located in the target area. The activities that will be implemented with fiscal year 2010 -11 funds have been developed to address the priority needs, strategies and objectives identified in the 2010 -2015 Consolidated Plan. The general priorities as stated in the five -year plan are to: i. To improve existing neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure improvements; 2. To eliminate conditions detrimental to the health, safety, and welfare of citizens within the City; and 3. To encourage private investment and economic growth in eligible neighborhoods. In 2010, the City of Delray Beach will continue to provide funding for an array of community development projects and programs designed to meet the various and diverse needs of its citizens. On an on -going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our citizenry. The City will continue using its unique network of Homeowners /Neighborhood Associations to foster communication throughout the City at the neighborhood and resident level. Through this system, each obstacle is addressed as it presents itself to the City and the Community Improvement Department. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 1 Action Plan Managing the Process response: First Program Year Action Plan 5 Version 2.0 City of Delray Beach The City of Delray Beach is an Entitlement City that receives funding from HUD through the Community Development Block Grant program. The City's Community Improvement Department/ Neighborhood Services Division is responsible for overseeing the development of the Consolidated Plan and for implementing the CDBG program. The City provides technical assistance to individuals, businesses, and sub - recipient agencies participating in the CDBG program and works with them in developing, coordinating and implementing programs to serve the needs of the community. In addition the City continues its effort to streamline services and avoid duplication, maximizing overall resources and results. Neighborhood Services staff developed the Year i Action Plan through analysis of demographic data, consultation with community groups and concerned citizens, meeting with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, Achievement Centers for Children and Families, CROS Ministries/ Caring Kitchen, Homeless Coalition for Palm Beach County, Fair Housing Center of the Greater Palm Beaches, Urban League of Palm Beach County, United Way of Palm Beach County, Families First, Delray Beach Community Land Trust, Neighborhood Advisory Council, City of Delray Beach Planning and Zoning Department, The Palm Beach County Department of Housing and Community Development and The Affordable Housing Advisory Committee. All 35 neighborhood association presidents from the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. Information was extracted from the following sources: US Department of HUD, 2000 census, Palm Beach County Housing and Community Development Division, City of Delray Beach Local Housing Assistance Plan, and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The City has formal partnerships in place with many of the partners listed above. Joint planning activities occur on an on -going basis to develop collaborative projects and initiatives consistent with the community's objectives. The City provides direct funding for many of the programs and services provided by partner agencies and are directly involved in the monitoring and oversight of those programs and activities. The City has worked very closely with the Delray Beach Housing Authority, Community Redevelopment Agency and Delray Beach Community Land Trust to plan and put into action several affordable housing projects and initiatives. The City meets regularly with key members from these agencies, and has formed joint planning committees and task forces to develop specific plans to address the area's most pressing housing needs. Among the current initiatives being collaboratively planned and /or implemented are a redevelopment plan for the City's former public housing complex, the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE Relations initiative. Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non - English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. First Program Year Action Plan 6 Version 2.0 City of Delray Beach *Please note that Citizen Comments and Responses maybe included as additional files within the CPMP Tool. Program Year i Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department /Neighborhood Services Division. The Division is responsible for administering the City's community development and neighborhood services programs, develops and manages several agreements with outside agencies to provide housing and social services to residents throughout the City. For the past several years the City has been engaged in vital planning initiatives with citizens, non - profit organizations, and other community stakeholders to improve housing, social services, economic development, and livability conditions throughout Delray Beach. Particular emphasis has been placed on involving residents within the CDBG target area in the planning process of the Annual Action Plan. The City has worked very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been established to create opportunities for ongoing stakeholder involvement including: The West Atlantic Redevelopment Coalition (WARC) - a planning body consisting of representatives from all of the neighborhood associations and community organizations located on west Atlantic Avenue; the Affordable Housing Advisory Committee (AHAC) — a governing body that recommends specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value; as well as the City Commission appointed 16 member Neighborhood Advisory Council (NAC). A Needs Assessment Meeting was held at the May 24, 2oio NAC board meeting. This allowed for public review of the plan and the opportunity to provide input. As required by HUD, a public hearing is to be held on August 3, 2010 to obtain citizen input for the Action Plan. In addition to advertising the public hearing with 15 days prior notice, neighborhood associations, public agencies and other interested parties were notified by letter of the date, time, and location of the public hearing. The City also adverstised that the plan was available for a 3o day public comment period from 7/3/10 - 8/3/lo at City of Delray Beach Community Neighborhood Services Division, Delray Beach Housing Authority and the Delray Beach Neighborhood Resource Center. The draft plan was also available online at www.mydeiraybeach.com during the 3o day comment period. Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 1 Action Plan Institutional Structure response: The Year 5 Action Plan is to be carried out through a network of public, private, and non -profit organizations, many of which participated in the public participation process. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Measurable strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community Land Trust/ Purchase Assistance Program, as well as the number of foundations and non - profit agencies in the community actively participating in a variety of activities benefiting the community. The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's section -8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven - member Board of Directors for the DBHA. The DBHA Board First Program Year Action Plan 7 Version 2.0 City of Delray Beach hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference). Over the years the City Commission has supported the DBHA by providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than io years. This provides program continuity and stability. The largest gap for the DHBA is the need for additional affordable housing due to the loss of 198 units when the Housing Authority's only public housing facility was severely damaged by Hurricane Wilma on October 24, 2005. On October 27, 2oo5, the City of Delray Beach declared the units uninhabitable due to extreme structural damage caused by the hurricane. Consequently, the units remained vacant with issues of safety, community health and unsightly blight upon the neighborhood. In order to address this pressing issue, The City applied on behalf of the DBHA for funds from the Department of Community Affairs, Disaster Recovery Initiative 2005. In doing so, the City secured $9oo,000 in funding to demolish the obsolete public housing complex known as Carver Estates. In June 20o8, the project for the demolition of 17 buildings at the Carver Estates site was completed utilizing 2005 State CDBG DRI funding. Plans are underway to build a diversity of housing choices for a mix of incomes, with a strong base of affordable housing units on a combined 5o acre site. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long -term compliance with program requirements and comprehensive planning requirements. Program Year 1 Action Plan Monitoring response: See Strategic Plan narrative. During the 2010 -11 program year, the City of Delray Beach will continue to conduct random on- site monitoring visits to selected housing rehabilitation projects from the past 12 -18 months. Additionally, the Division conducts on site visits to each public service sub - recipient every other year to ensure compliance with all federal regulations and City policies. Monitoring visits are scheduled to be conducted in 2010 to all CDBG sub - recipients from the period of 2009 -2010 fiscal year. In addition, all documentation pertaining to subrecipient activities and monitoring is retained at the Neighborhood Services Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable results. Lead -based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead -based paint hazards in order to increase the inventory of lead -safe housing available to extremely low - income, low- income, and moderate - income families. First Program Year Action Plan 8 Version 2.0 City of Delray Beach Program Year 1 Action Plan Lead -based Paint response: HUD lead based paint regulations are applicable to rehabilitation activities that are funded under the CDBG program. During FY2o10 -2011, the City will continue to implement its housing related activities in a manner which assesses lead -based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead -Based Paint" pamphlet that describes hazards of lead -based paint. When lead is detected in items to be disturbed by rehab or on mouthable surfaces, the work -write up incorporates measures for contaminated areas. This involves qualified contractors using safe lead practices. After rehab is completed in such units, a clearance test is performed to ensure the home is lead -free. Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 1 Action Plan Specific Objectives response: See Strategic Plan narrative. The City's primary focus over the next year will continue to be the development and maintenance of affordable housing within the jurisdiction. The City plans to accomplish approximately 18 substantial housing rehabilitation projects, at least 6 of which will be committed to homeowners at or below 50% of the area median income. In addition the City plans to complete improvements to at least 2 homes within the historic Westsettler's District with the use of CPA funds. A combination of CDBG, DRI and SHIP funds will be used to fund the City's housing objectives. At least 8 new homeownership opportunities will be provided for low- to moderate - income households under our sub - recipient partnership /purchase assistance program. The City also plans to purchase, rehabilitate and resell 10 -15 bank -owned foreclosure homes using Neighborhood Stabilization Program funds. This will increase affordable housing stock within the City and stabilize neighborhoods potentially in decline due to foreclosure. Federal, state and local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive funds for housing objectives from the following sources: Resources for Housing Obiectives: Funding Source: Amount: CDBG Entitlement Funds $627,402 State Housing Initiatives Partnership (SHIP) $TBD Disaster Recovery Initiatives (DRI) 1 — Housing Rehabilitation funding - carry over from last year $697,000 approx. Supplemental DRI 2 funding for housing rehabilitation (over the next two year period) $800,000 Total: $ 2 12 02 First Program Year Action Plan 9 Version 2.0 City of Delray Beach All of the City's housing programs are available to eligible very low -, low -, and moderate - income families and households. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 1 Action Plan Public Housing Strategy response: See Strategic Plan narrative. Carver Estates was demolished in June 2008 and the units removed from PIC in September 2oo8. The redevelopment of Carver Estates has been halted due to a default dispute between the Developer and DBHA which began in October 20o8. The DBHA is currently reviewing development plan for developers for the redevelopment of Carver Estates. Eligible families will be provided assistance through the United Ways IDA Savings Program and have been invited to join in the United Way of Palm Beach County's Prosperity Campaign which includes elements such as credit counseling, educational opportunities and assistance with all aspects of the homeownership process. Many of these activities will be facilitated through the City's Neighborhood Resource Center. The Housing Authority was unsuccessful in its third attempt to obtain HOPE VI funding for the redevelopment of Carver Estates. Alternative funding sources will be pursued in order in order to develop the vacant public housing land. The new level of funding, coupled with the issues related to the halt in the Master Development Agreement will be a challenge for the agency's ability to construct or purchase replacement public housing units in the future. The Budget developed for FY 2010 -2011 represents among other expense cuts, a freeze on both employee raises and vacated positions, responding to the agency's reduction in funding. Through the grant application process, former residents of Carver Estates have been trained in the areas of credit repair, how to secure employment and wealth building through homeownership. These activities have been supported through a contract with Families First of Palm Beach County who manages the PHA's Family Self Sufficiency (FSS) Program. DBHA is currently performing due diligence and investigating financing options for acquisition of the land owned by the Community Redevelopment Agency (CRA) in accordance with the Purchase Agreement entered into between the CRA and the DBHA effective December 1o, 2oo8. The land is to house the new Administrative offices of the DBHA. The .31 acre parcel located at 82 NW 5u' Avenue is being acquired at a cost of $324,00o. This contract amount is a 48% reduction to the DBHA's original offer of $675,000, a result of market conditions as reflected by an updated appraisal. This parcel of land was originally purchased by the owner (CRA) for $1 million. The DBHA is in its 3na year of a five year lease of space temporarily housing its administrative staff. Due to the reduced price of land, the CRA will not participate financially in the installation of infrastructure as previously reported but will be providing for the acquisition of land and subsequent improvements which will serve as access to the on -site parking lot. In addition, the CRA will provide for additional off -site parking as required by City Development regulations. The estimated cost of this 15,000 square foot building is $3 million (including the First Program Year Action Plan 10 Version 2.0 City of Delray Beach land). The project is to be financed through private mortgage, the CRA contributions and DBHA administrative funds. We expect to relocate to permanent space within two to three years. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year i Action Plan Barriers to Affordable Housing response: Eliminating barriers to affordability has been the primary objective of the Community Land Trust program since its inception in 2oo6. In July 2oo6 of that year the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into a Sub - recipient Partnership Program with the Community Land Trust (CLT) for the purpose of creating affordable homeownership opportunities. Under the Sub - recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During the io -ii program year SHIP funds will be utilized for this purpose as well as in a traditional Purchase Assistance format. The City currently utilizes its Workforce Housing Ordinance in an effort to create additional affordable and workforce housing throughout the City. The ordinances relax some regulatory zoning restrictions in designated areas, allowing increased density in exchange for affordable housing units. The City expanded the program in 2007 to include additional RM zoned areas throughout the City. HOME / American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in § 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.2o6(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long -term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. First Program Year Action Plan 11 Version 2.0 City of Delray Beach e. Specify whether the investment of HOME funds may be jurisdiction -wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 1 Action Plan HOME /ADDI response: The City does not receive HOME /ADDI funds. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook- Sources of Funds — Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney -Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly -owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness —In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness —The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention —The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy — Explain planned activities to implement a cohesive, community -wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 1 Action Plan Special Needs response: First Program Year Action Plan 12 Version 2.0 City of Delray Beach The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community- based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all its sub - committees. The Coalition collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Continuum of Care planning occurs through an inclusive process consisting of the Continuum of Care Planning Committee and the following subcommittees: the Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board (ESG), Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC). The Continuum of Care system begins with the Homeless Management Information System or HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client Management Information System). A countywide one day "point -in -time" count was conducted by the Homeless Coalition in January 2oo9. The report showed 69 unsheltered homeless individuals in Delray Beach, or 5% of the total counted in the County. Forty-four (44) of the reported unsheltered homeless individuals were located within the 33444 zip code and CDBG target area. (Source: Palm Beach County Homeless Continuum of Care Point -in -Time Homeless County, January 28, 20o9 Noon to January 29, 2009 Noon). C.R.O.S. Ministries, which operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area, reported serving an estimated 50o homeless persons, primarily male individuals, in 2oo9. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual may be served on multiple days and be counted once for each meal. Of the estimated 5oo homeless, the Center Director indicated that approximately several male individuals show up repeatedly on a weekly basis to receive a hot meal. The food pantry in Delray Beach, also operated by C.R.O.S. Ministries, provides groceries for homeless and low- income while they are pending food stamps or in other crises. Of the total 5,495 persons who received service in 2oo9, an estimated 5% were homeless. Occasionally, police officers will find homeless persons living in the woods outside the City limits and will refer them to appropriate agencies. They have indicated that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Based on both the January 2005 point -in -time count and the information cited above, it is estimated that on a given day there are an average of 59 -6o homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA's o7/o1 /o9 — o6 /i4 /10 records 305 persons from Delray Beach took shelter at their facility for emergency shelter and transitional housing, 143 of whom were children. Detailed demographic data on the homeless subpopulation is not available for Delray Beach, or on the extent of homelessness by racial or ethnic group. First Program Year Action Plan 13 Version 2.0 City of Delray Beach See Strategic Plan homeless narratives describing the City's participation in the Palm Beach County Continuum of Care, which is a countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of homelessness. The Continuum of Care system includes the following components: Homeless Prevention Services, Outreach and Assessment, Emergency Shelter, Transitional Housing, Permanent Supportive Housing, and Permanent Housing. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 1 Action Plan ESG response: Not applicable Community Development Program Year 1 Action Plan Community Development response: The Citv of Delray Beach's vriority needs obiectives are as follows: First Program Year Action Plan 14 Version 2.0 Amount of Priority Need Objective Activity Proposed Funds CD Objective 1: Funds provided for the Administration overall administration of the CDBG $ 111,310 program and Community Development Division CD Objective 2: Child Care Services $ 8o,000 Public Service Agency 1 Enhance the safety and livability of low income neighborhoods by addressing the needs of child care Public Service Agency a Housing Counseling Housing Counseling services at -risk $14,000 youth CD Objective 3: Public Facilities & Public Facilities & $ 89,110 Improvements - Utilize CDBG funds to Improvements install Public Facilities and Improvements located within the CDBG target area including but not be limited to the construction or installation of infrastructure improvements such as streets, street resurfacing, curbs, water /sewer lines and /or sidewalks. Housing Objective 1: Conserve the Housing Rehabilitation; Single $ 332,982 existing affordable housing stock Unit Owner-Occupied Housing Objective 2: Provide Fair Fair Housing (Included in Public First Program Year Action Plan 14 Version 2.0 City of Delray Beach I Housing Education & Outreach services I I Service budget) I I Total Allocation: 1 1 $627,4021 A description of the activities and specific goals are included in the project charts. A summary listing of activities and the Consolidated Plan priority need addressed by each appears below (please note that "CD" stands for Community Development): Proposed Amendment under the FY 2010 -2011 Annual Consolidated Plan Goals, Strategies and Objectives Amendment to Current Strategy and Objectives Areas: The proposed amendment will reallocate $307,244 of unused funds toward the following activities located within the CDBG target area. All proposed activities are objectives identified in the 2010 -2015 Comprehensive Plan CD Objective 4: Funds are used Demolition and Clearance Amount of Priority Need Objective Activity Proposed of Slum & Funds CD Objective s: Utilize CDBG funds to The Center for Technology, provide businesses located in, or will be Enterprise and Development (LMH) located, within the established CDBG in CDBG target area target area for any activity where the neighborhood assistance is appropriate to carry out an TBD economic development project. Housing Rehabilitation; Low Mod Proposed Amendment under the FY 2010 -2011 Annual Consolidated Plan Goals, Strategies and Objectives Amendment to Current Strategy and Objectives Areas: The proposed amendment will reallocate $307,244 of unused funds toward the following activities located within the CDBG target area. All proposed activities are objectives identified in the 2010 -2015 Comprehensive Plan CD Objective 4: Funds are used Demolition and Clearance Elimination $ 30,000 for the demolition of unsafe and of Slum & dilapidated housing; Elimination Blight of slum and blighted conditions (LMH) in CDBG target area neighborhood Housing Objective is Continue Housing Rehabilitation; Low Mod $ 152,244 to conserve the existing Single Unit Owner- (LMH) affordable housing stock Occupied Economic Development: The City acknowledges that the recent economic climate has rendered this category a high priority. Expanding economic opportunities in the City of Delray Beach is vital to the City's long- term capacity. A key component of this economic effort is the renewal or modernization of the business corridor or smaller, neighborhood serving shopping areas. Commercial revitalization objectives include: improving functional layout; increasing physical appeal; and fostering economic stability. The City is in the process of working with residents and stakeholders in the older more economically challenged communities to institute measures which will work toward improving the economic stability of the respective areas. In addition, the Community Improvement Department, Neighborhood Services Division and the Community Redevelopment Agency staff persons work cohesively to address like matters in the targeted areas that are affected. First Program Year Action Plan 15 Version 2.0 City of Delray Beach Priority Need Objective Activity National Objective Citation Amount of Proposed Funds Economic Development CD Microenterprise Development Create and $100,000 Objective 1: Utilize CDBG funds Retain Low to provide financial and technical Mod Jobs assistance to eligible for -profit (LMH) businesses located in, or will be located within, the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. Objective 2: Utilize CDBG funds Technical Assistance to Create and 25,00() to provide technical assistance Businesses Retain Low and training directly to Mod Jobs businesses. Funds will be used to (LMJ) provide businesses located in, or will be located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. Community Development Objective 1: Provide funding to expand economic opportunities primarily for persons of low- to moderate - incomes. The City estimates that a total of $125,000, will be available over the next year for businesses that will provide an area -wide benefit in the CDBG target area and /or encourage the creation of new jobs, principally for the benefit of low - and moderate - income persons. Specific long -term and short term strategy includes: • Strategy ED 1 -i: To promote business creation and expansion for low and moderate income persons in targeted low and moderate income areas in the City. • Strategy ED 1 -2: To provide financial resources to stimulate business retention and expansion. • Strategy ED 1 -3: Utilize CDBG funds to provide financial and technical assistance to eligible for -profit businesses located in, or will be located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. Assistance may be provided directly, or through the use of public and private organizations, agencies, and other subrecipients (including non - profit and for -profit subrecipients). • Strategy ED 1 -4: Funding will be channeled to address economic development needs through public facility and infrastructure improvements in association with the Southwest Redevelopment Plan. The proposed amendment will reallocate $307,244 of unused funds toward the following activities located within the CDBG target area. All proposed activities are objectives identified in the 2010 -2015 Comprehensive Plan. First Program Year Action Plan 16 Version 2.0 City of Delray Beach See Strategic Plan narrative for specific long - and short -term community development objectives. Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 1 Action Plan Antipoverty Strategy response: See Strategic Plan narrative. The goals, objectives and actions outlined in the 2010 -2015 Consolidated Plan and in this 2010- 2011 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation is currently reviewing for approval the 2010 -2013 Local Housing Assistance Plan (LHAP) prepared by the City's Neighborhood Services Division. The LHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Delray Beach Housing Authority's Family Self - Sufficiency (FSS) Program serves as an anti- poverty tool. The program provides a holistic approach to service delivery that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance. A family- centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted 22 families in obtaining homeownership. In addition, the DBHA applies for Section 8 rental assistance whenever HUD makes funds available. Both the City and the DBHA follow HUD guidelines pertaining to Section 3, which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low - income persons. This has the potential of reducing poverty. The City is the fiscal agent for grant funds from Children's Service Council which partners with two non -profit agencys, Achievement Center for Children and Families and Families First to carry out approved services. This grant facilitates services provided by the Beacon Center at Village Academy Elementary School, a public deregulated neighborhood school located within the CDBG target. Beacon Centers, which targets low income residents, are partnerships between the local government, schools, community -based organizations and community leaders. Beacons provide academic, social, recreational and culture actititivies for both the child and family to create supports leading to optimal development of the child, healthy family functioning and building the capacity of the neighborhood in which it is located. i.[!]. a:[!] u1�11l �f►` I. Y� `]��[!J /:�w►�aal3.y:[ll�byr.[H Non - homeless Special Needs (gi.22o (c) and (e)) *Please also refer to the Non - homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period First Program Year Action Plan 17 Version 2.0 City of Delray Beach covered by the Action Plan. z. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year i Action Plan Specific Objectives response: The City hopes to meet the Special Needs population during the next year, through its holistic approach to community development. Through its partnership with the Delray Beach Community Land Trust, the City will continue to provide increased housing opportunities for households receiving public assistance. Accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program. Funding provided to small businesses for economic development activities will require job creation for low- income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the DBHA, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home, accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program, funding provided to small businesses for economic development activities will require job creation for low - income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range / type of housing activities to be done during the next year. a. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on the accomplishments under the annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and /or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. First Program Year Action Plan 18 Version 2.0 City of Delray Beach 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non - regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV /AIDS and provide additional information regarding the administration of services to people with HIV /AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 1 Action Plan HOPWA response: Not applicable Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year i Specific HOPWA Objectives response: Not applicable Include any Action Plan information that was not covered by a narrative in any other section. First Program Year Action Plan 19 Version 2.0 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 STATE HOMELAND SECURITY GRANT AGREEMENT ITEM BEFORE COMMISSION Page 1 of 1 This item is before the Commission for approval to execute a Memorandum of Understanding (MOU) Agreement to accept the 2011 Domestic Preparedness Grant (SAA# 12- DS- 20- 13 -00 -16 -501) for the amount of $24,762.00 from the Homeland Security Grant Program. BACKGROUND The Fire- Rescue Department has been awarded a Homeland Security Domestic Preparedness Grant in the amount of $24,762.00 to provide sustainment of equipment and training for hazardous materials incidents and incidents involving weapons of mass destruction (WMD). Delray Beach Fire- Rescue Department has been a state funded Hazardous Materials Team for over 9 years. The team is funded through the State Homeland Security Grant Sub - Recipient Funding Agreement. This Grant provides for the sustainment and repair of state funded equipment for responses to hazardous materials and WMD incidents. Additionally, the Grant provides for training of our personnel in hazardous materials and domestic preparedness courses. RECOMMENDATION Staff recommends approval. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5835 &MeetingID =384 8/3/2012 2011 STATE HOMELAND SECURITY GRANT PROGRAM, CFA 97.067, SUBRECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA THIS AGREEMENT ("Agreement") is entered into by and between the State of Florida, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399 -0300 (hereinafter referred to as "Department "), City of Delray Beach, and a unit of local government (hereinafter referred to as "Subrecipient"), effective as of the date last signed below. WITNESSETH THAT: WHEREAS, Department is a subgrantee of the Homeland. Security Grant through the Division of Emergency Management (hereinafter "State Administrative Agency", or "SAN ); WHEREAS, Department has the authority to further pass these fiords through to Subrecipient; WBEREA.S, Subrecipient is fully qualified and eligible to receive these grant funds to provide the services identified herein, and WHEREAS, Department has authority to disburse the fiuxls under this Agreement. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as follows: (1) Federally= Funded Subgrant Agreement. The funds for this Agreement are provided through a Subgrant Agreement between Department and SAA; Grant Number: 12- DS- 20- 13- 00 -16-, The Subgrant Agreement and all referenced documents and forms can be accessed through Department's website at http: /Iv Aw.fldfs.com/sfin/sfin n domestic security.htm (hereinafter referred to as the "SFM website "). Subrecipient agrees to be bound by all of the provisions of the Subgrant Agreement referenced in this paragraph. Attachment A, including all of its subparts, is incorporated herein by reference. (2) Services and Deliverables. Subrecipient agrees to render the following services or other units of deliverables as directed by Department: (a) Performance in accordance with "Scope of Work" found at Attachment A; and (b) Readiness and response to activation orders for deployment by the State Emergency Operations Center, State Fire Marshal or Regional Domestic Security Task Force; (c) Purchase equipment specifically identified and approved by the Florida Domestic Security & Logistics Equipment 96b- Committee, the State working Group, and identified in projects listed in Attachment A. Exceptions to the approved equipment list must be approved in writing by the Equipment Committee and Department Grant Manager, listed below in Attachment Al, Section 1V- prior to purchase. Equipment having a value of $1,000 or more must have an asset identification number provided by Subrecipient indicating the equipment was purchased with State Homeland Security Grant Program (SHSCTP) funds; (d) Maintain equipment purchased. Only equipment purchased with DHS grants funds may be sustained with these grant funds, as appropriate; (e) Assure all training conforms to current FEMA/DHS training guidelines. (f) In the event the Subrecipient requests the Department to make a purchase(s) related to this Agreement on their behalf, a Memorandum of Understanding (MOU) shall be executed between the Department and the Subrceipient, requesting the Department to make such purchases on behalf of the local agency. if approved, the Department will make the purchase and submit the requisite documentation for reimbursement from the Subrecipient's allocated funds. Nothing herein shall require the Department to make the purchase on behalf of the local Subrecipient. (3) Delivery Schedule. The services or other units of deliverables specified in paragraph (2) above shall be delivered or otherwise rendered on behalf of Department in accordance with the following schedule. (a) Readiness shall be on a continuous basis; (b) Upon notification by the State Emergency Operations Center, State Fire Marshal, or Regional Domestic Security Task Force, Sub-recipient shall respond to any and all incidents either within its regional response area, or as designated within the State Emergency Response Plan, with all eligible equipment, and any and all other resources which it possesses, for so long as this Agreement remains in effect, or as may be agreed upon under the Florida Domestic Security Strategy Plan. It is understood by both patties that local emergencies and equipment operability will dictate the availability of Subrecipient to respond; (c) For Type WWIV1D Hazardous .Materials Teams; compliance with requirements of a Type IIfWeapons of Mass Destruction. Capable Hazardous Materials Resource, as defined by the Florida Domestic Security Strategy Plan, the Florida Association of Hazardous Materials Responders (FLAHR) typing document, and the Standard Operations Guide (SOG) shall be on a continuous basis; (d) Fox USAR Task Forces, in compliance with. requirements of a Type I, H or III USAR Task Force as defined by the Florida Domestic Security Strategy Plan, the Florida Association of Search and Rescue (FASAR) typing document, and the Standard Operations Guide (SOG) shall be on a continuous basis; (e) For MARC Units, compliance with requirements for deployment shall be according to the State Emergency Response Plan. MARC unit Subrecipient must complete an annual inventory on the appropriate forms as part of this Agreement; (f) Subrecipient shall comply with the Florida Fire Chiefs Association Code of Ethics at all times. (g) All documents referenced above can be found on the SFM website. (4) Funding/Consideration. (a) This is a cost-reimbursement Agreement. Subrecipient shall be reimbursed for costs incurred during the performance period in the satisfactory performance of work hereunder in an amount not to exceed the amount set forth in Attachment A and subparagraph (b) of this paragraph, subject to the availability of funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting, or the Federal -Office of Management and Budgeting, all obligations on the part of Department to make any further payment of funds hereunder shall terminate, and Subrecipient shall submit its closeout report within thirty (30) days of receipt of notice from Department. (b) Subject to the terms and conditions established by this Agreement and the billing procedures established by Department, the Department agrees to reimburse Subrecipient a maximum of the amount set forth in Attachment A for services rendered and items purchased in accordance with Attachment A. If additional money becomes available through the grant process, this amount may be increased or decreased, by modification as set forth in paragraph (6) below. (c) Every request for reimbursement shall be submitted on a Reimbursement Request Form and a Detail of Claims Form, and any other associated forms to the type of claim; forms available on the SFM website. The forms must be accompanied by the documentation referenced in Attachment A6. The forms and the accompanying documentation shall be submitted within thirty (3 0) days following Subrecipient's expenditure of funds. In no event shall the forms and accompanying documentation be received by Department later than February 28, 2014. (d) All equipment purchases, if any, must be in accordance with the equipment list in Attachment A, unless specifically approved in writing by the Domestic Security Equipment Committee and the Department Crrant Manager, prior to purchase. Documentation of the approval must be submitted along with the request for reimbursement. (e) If no request for reimbursement is submitted for two consecutive quarters after execution of this Agreement, Department reserves the right to reallocate the balance of unexpended funds to another local or state entity by modification of this Agreement in accordance -with paragraph (6) below, and in accordance with grant rules. (f) Taxes. Department is exempted from payment of Florida state sales and use taxes and Federal Excise Tax. Unless personally or corporately exempt by law, Subrecipient shall not be exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or for payment by Subrecipient to suppliers for taxes on materials used to fulfill its obligations with Department. Subrecipient shall not use Department's exemption number in securing such materials. Subrecipient shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. (g) Travel. Any expense incurred by Subrecipient for travel must be authorized. by Department in advance. Travel expenses will be submitted and reimbursed to Subrecipient at a rate not to exceed that which is payable to state employees for travel and per diem as prescribed by Section 112.061, Florida Statutes. All other expenses, including expenses for the gathering and presentation of exhibits, must be authorized by Department in advance. (h) Payment Processing. All charges for services rendered or for reimbursement of expenses authorized by Department in accordance with this Agreement shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. All payments for professional services and authorized expenses, including travel expenses, will be paid to the Subrecipient only upon the timely and satisfactory completion of services and other units of deliverable such as reports, findings and drafts, which are required by this Agreement and upon the written acceptance of said services and units of deliverables such as reports, findings and drafts by Department's designated grant manager. Interim payments may be made by Deparment at its discretion, under extenuating circumstances, if the completion of services and other units of deliverables to date, has first been accepted in writing by Department's grant manager. (i) State Legislature Appropriation. If the necessary funds are not available to fund this Agreement as a result of action by the State Legislature, all obligations on the part of Department to make any further payment of funds hereunder shall terminate, and Subrecipient shall submit its closeout report within thirty (30) days of receipt of notice from Department. (5) Funding Period. This Agreement begins on the date of the last signature below and ends March 30, 2014. In the event the ending date is extended by the SSA, the ending date of this Agreement will be extended automatically upon written notice to the Subrecipient by the Department and become the new ending date of this Agreement without further amendment. (6) Agreement Modification. Either party may request modification of the provisions of this Agreement. Except as provided in paragraph (5) above, changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (7) SubWeements. If Subrecipient subcontracts any. or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to Department for review and approval. prior to execution of the subcontract by Subrecipient. Subrecipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold Subrecipient, Department, and SAA harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in a quarterly report submitted by Subrecipient. For each subcontract, Subrecipient shall provide a written statement to Department as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (8) Recordkee (a) As applicable, Subreeipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform. Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for- profit) organization on a cost-reimbursement basis, Subrecipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow Department or its designee, Chief Financial Officer, Auditor General, and 4, DHS IG Auditors access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to Department's designee, Chief Financial Officer, Auditor General, and DHS IG Auditors, upon request, for a period of five years from the date the audit report is issued, unless extended in writing by Department with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at 51,000 or more at the time of acquisition shall be retained fox five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after the closing on the transfer of title. (c) Subrecipient shall maintain all records for Subrecipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachments A, Al and A2 - and all other applicable laws and regulations. (d) Subrecipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to Department, its employees, and agents, The term "reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 am. to 5:00 p.m., local time, on Monday through Friday. The term "agents" shall include, but not be limited to, auditors retained by Department. (9) Audit Requirements. (a) Subrecipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by Department. The terra "reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 am. to 5:00 p.m., local time, Monday through Friday. (c) Subrecipient shall also provide Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If Subrecipient is a State or local government or a non -profit organization as defined. in OMB Circular A -133, as revised, and in the event that Subrecipient expends $500,000 or more in Federal awards in its fiscal year, Subrecipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Attachment A to this Agreement indicates federal resources awarded through Department by this Agreement. In determining the federal awards expended in its fiscal year, Subrecipient shall consider all sources of federal awards. The determination of amoumts of federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of Subrecipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in subparagraph (d) above, Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If Subrecipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that Subrecipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-1 33, as revised, the cost of the audit must be paid from non - federal resources (i.e., the cost of such audit must be paid from Subrecipient resources obtained *orn other than federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Subrecipient directly to Department's grant manager listed below, and each of the following: The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at http: / /harvester. census .aov /fackollect/ddeindex. html and other federal agencies and pass - through entities in accordance with Sections .320 (e) and (fl, OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, Subrecipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to Department's grant manager listed below. Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (g) ' Any reports, management letter, or other information required to be submitted to Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Subrecipient, when submitting financial reporting packages to Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should 6 indicate the date that the reporting package was delivered to Subrecipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, Subrecipient shall be held liable for reimbursement to Department of all fiords not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after Department or the SAA has notified Subrecipient of such non - compliance. 0) Subrecipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to Department no later than nine (9) months from the end of Subrecipient's fiscal year. - (10) Reports. (a) Reports shall' be in accordance with Attachment Al, part III. The subrecipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the subreeipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close -out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If additional reporting is required, Department will notify Subrecipient electronically at least thirty (3 0) days prior to the time the reporting is required. (e) Reports and documentation related to all exercises and evaluations, (if an allowable expense) including any USAR MOBEX drills, must be provided to Department within thirty (30) days of completion of the exercise. (f) If all required reports and copies, prescribed above, are not sent to Department or are not completed in a manner acceptable to Department, Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (14 ), "Remedies" The phrase, "acceptable to Department" means that the work product was completed in accordance with Attachment A, and its subparts. (g) Subrecipient shall provide such additional program updates, reports and information as may be required by Department (11) 1VIonito!kg. Monitoring shall be in accordance with Attachment Al, subpart M.E., and in addition, Subrecipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, Attachment Al is complied with, and other performance goals stated in this Agreement are achieved. Such review shall. be made for each function or activity set forth in Attachment Al, and reported in the quarterly report. VA In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised, and Section 215.97, Florida Statutes, (see paragraph (9) Audit Requirements, above }, monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other ptocedures. By entering into this Agreement, Subrecipient agrees to comply and cooperate with all monitoring procedures /processes deemed appropriate by Department. In the event that Department determines that a limited scope audit of Subrecipient is appropriate, Subrecipient agrees to comply with any additional instructions provided by Department to Subrecipient regarding such audit. Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In addition, Department will monitor the performance of, and financial management by, Subrecipient throughout the Agreement term to ensure timely completion of all tasks. (12) Liability. (a) Unless Subrecipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, Subrecipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold Department and SAA harrmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of Department or the SAA, but is an independent Subrecipient. (b) If Subrecipient is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, Subrecipient agrees to be fully responsible to the extent provided by Section 768.28, Florida Statutes, for its negligent acts or omissions or tortuous acts which result in claims or suits against Department or SAA, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by Department or any Subrecipient to -which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or Agreement. (13) Default. If any of the following events occur ( "Events of Default "), all obligations on the part of Department to make any further payment of fiords hereunder shall, if Department so elects, terminate and Department may, at its option, exercise any of its remedies set forth in paragraph fourteen (14), but Department may make any payments or parts of payments after the happening of any Events of Default -without thereby Waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by Subrecipient in this Agreement or any previous Agreement with Department shall at any time be false or misleading in any respect, or if Subrecipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with Department and has not cured such in timely fashion, or is unable or unwilling, to meet its obligations there under; (b) If any material adverse change shall occur in the financial condition of Subrecipient at any time during the term of this Agreement, and Subrecipient fails to cure said material adverse change within 30 days from the time the date written notice is sent by Department; (c) If any reports required by this Agreement have not been submitted to Department or have been submitted with incorrect, incomplete or insufficient information, or (d) if Subrecipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (14) Remedies. Upon the happening of an Event of Default, then. Department may, at its option, upon thirty (30) calendar day's prior written notice to Subrecipient and upon the Subrecipienfs failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that Subrecipient is given at least thirty (3 0) days prior written notice of Such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (16) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. Requesting additional information from Subrecipient to determine the reasons for or the extent of non - compliance or lack of performance; 2. Issuing a written warning to advise that more serious measures may be taken if the situation is not *corrected-, 3. Advising Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question; 4. Requiring Subrecipient to reimburse Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that Subrecipient return to Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; (f) Require that Subrecipient return to Department any property or equipment purchased Arith grant funds, or received after having been purchased with grants funds, that has not been properly disposed of in accordance with Subrecipient's property disposal policy, and (g) Exercise any other rights or remedies which may be otherwise available under law. (h) The pursuit of any one of the above remedies shall not preclude Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by Department of any right or remedy granted hereunder or failure to insist on strict performance by Subrecipient shall affect or extend or act as a waiver of any other right or remedy of Department hereunder, or affect the subsequent exercise of the same right or remedy by Department for any further or subsequent default by Subrecipient. (15) Termination. (a) Department may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner, and refusal by Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (b) Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing Subrecipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effecti'v'e date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, Subrecipient will not incur new obligations for the terminated portion of the Agreement after Subrecipient has received the notification of termination. Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, Subrecipient shall not be relieved of liability to Department by virtue of any breach of Agreement by Subrecipient. Department may, to the extent authorized by law, withhold any payments to Subrecipient for purpose of set -off until such time as the exact amount of damages due Department from Subrecipient is determined. (16) Notice and Grant Administration. (a) Department's grant manager is John P. Kohnke, located at 325 John Knox Road, Atrium Bldg., Tallahassee, Florida 32303. (b) Subrecipient's. grant manager is listed on the signature page ofthis agreement. (c) All written and verbal approvals referenced in this Agreement must be obtained from the parties' grant managers or designees. Notices required to be in writing must be delivered or sent to the intended recipient by hand delivery, certified avail or receipted courier, electronic or facsimile transmission, and shall be deemed received on the date received or the date of the certification of receipt. (d) In the event that different grant managers are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be tendered as provided in subparagraph (c) above. (17) Complete Agreement. This Agreement and its Attachments incorporated herein by reference, contain all the terms and conditions agreed upon by the parties. (18) Attachments are as follows: (a) Attachment A Proposed Program Budget and Budget Detail Worksheet, and its subparts, consisting of A -Proposed Program Budget and Equipment List Al — Scope of Work; A2 — Program Statutes and Regulations; A3 -- Warranties and Representations; A4 — Certification Regarding Debarment, Suspension, Ineligibility; A5 — Statement of Assurances, and A6 - Reimbursement Checklist. 10 (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (19) lt me nts All refunds or repayments to be made to Department under this Agreement are to be made payable to the order of "Department of Financial Services,' and mailed directly to Department at the following address: Department of Financial Services Accounts Receivable 200 Gaines Street Tallahassee, Florida 32399 -0333 In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to Department for collection, Subrecipient shall pay to Department an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the returned check or draft, whichever is greater_ (20) Property and FA pipraent Purchased with Grant Funds_ Property and equipment purchased with grant funds, or -received after being purchased with grant funds, must be identified as such on the property and equipment so that such properly and equipment can be identified for monitoring and. site visit purposes. When the property and equipment no longer has a useful life, it shall be disposed of through Subrecipient's property disposal policy, and documentation provided to the Department. If for any reason, including dissolution, Subrecipient elects to discontinue its participation in this Agreement, all property and equipment purchased with grant funds, or received after being purchased with grant funds, not previously disposed of in accordance with Subrecipient's property disposal policy, must be returned to Department. (21) Standard Conditions. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations , and materials submitted or provided by Subrecipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of Department and with thirty (30) days written notice to Subrecipient, cause the termination of this Agreement and the release of Department from all its obligations to Subrecipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in the Circuit Court of Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 11 (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. Facsimile and electronic signatures may be taken as originals. (e) Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq. , if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids an leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Subrecipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2: Have not, within a five -year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commussion of embezzlement, theft, forgery; bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any affenses enumerated in subparagraph (g)2., of this certification, and 4. Have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient shall attach an explanation to this Agreement. In addition, Subrecipient s1-ai1 submit to Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (within Attachment A) for each prospective subcontractor which Subrecipient intends to fund under this Agreement. Such form must be received by Department prior to Subrecipient entering into a contract with any prospective subcontractor. (h) Department reserves the right to unilaterally cancel this Agreement for refusal by Subrecipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by Subrecipient in conjunction with this Agreement. 12 (i) .,employment Eli 'bill , rIen: cation Contractor agrees that it will enroll and participate in the federal &Verify Program for Employment Verification under the terms provided in the "Memorandum of Understanding" governing the program. Contractor further agrees to provide to Department, within thirty days of the effective date of this contract, documentation of such enrollment in the form of a copy of the E- Verify "Edit Company Profile" screen ", which contains proof of enrolhent in the E- Verify Program (this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E Verify employer's homepage). Contractor further agrees that it will require each subcontractor that performs work under this contract to enroll and participate in the E- Verify Program within ninety days of the effective date of this contract or within ninety days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program and make such record(s) available to the Agency upon request. Contractor farther- agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Agency or other authorized state entity consistent with the terms of the Memorandum of Understanding. Compliance with the terms of this Employment Eligibility Verification provision is made an express condition of this contract and the Department may treat a failure to comply as a material breach of the contract. In the event legislation authorizes an alternative option as proof of legal status, the Contractor may use the process authorized by such legislation upon its passage. 0) Subrecipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. (k) Unless inconsistent with the public interest or unreasonable in cost, all unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a. 0) Both Subrecipient and Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment A, including its subparts. (Ym) Subrecipient shall assure compliance itself and by its subcontractors or subrecipients, with CFO Memorandum No. 4 (2005 -06), effective June 30, 2006; including but not limited to the following provisions: 1. Those subject to this Agreement may charge only allowable costs-, resulting from obligations incurred during the term of the Agreement. 2. Any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. 13 3. Agreements with vendors must be procured in a manner that ensures a fair and reasonable price to the State and in compliance with applicable rules and regulations, including, but not limited to Sections 287.057 and 21-6.3475, Florida Statutes. A copy of the Memorandum can be accessed on the SFM website. (22) Lobb3im Prohibition. (a.) No funds or other resources received from Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the federal government, the Florida Legislature, or any state agency. (b) The Subrecipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No federal or state appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence a federal, state, or local official, or employee thereof, in connections with the awarding of any federal contract, the making of any Subrecipient giant or contract, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. If any funds other than federal appropriated fh ds have been paid or will be paid to any person for influencing or attempting to influence a federal, state, or local official, or employee thereof, in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Farm -LLL, "Disclosure Form to Report Lobbying," in accordance with its instiuctions, 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients and subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (23) Copyright, Patent and Trademark. ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITII THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO T1IE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBRECIPIENT TO THE STATE OF FLORIDA. (a) If Subrecipient brings to the performance of this Agreement a pre - existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise. 14 (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, Subrecipient shall refer the discovery or invention to Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrigj table material are produced, Subrecipient shall notify Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by Subrecipient to the State of Florida (c) Within thirty (30) days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any prc- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. Department shall then, under paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (24) Assurance s. Subrecipient shall comply with all Statements of Assurance incorporated in Attachment A5. (25) Legal Authorization. Subrecipient certifies with respect to this Agreement that it possesses the legal authority to receive the fiends to be provided under this Agreement and,that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. Subrecipient also certifies that the undersigned possesses the authority to legally execute and bind Subrecipient to the terms of this Agreement. 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials. StYBRECIPIENT By Title i Signature DEPr-ARTIMENT OF FINANCIAL SBRVICES i Signature Date signed _ _ Date signed FEID Number Subrecipient Grant Manager Name: Address Email address Telephone Number 16 i i I Attachment A Budget and Scope of Work Proposed Program Budget G6 Below is a genera budget which outlines eligible categories and their allocation underthis award. The Subrecipient is to utilize the approved FY2011 Domestic Security Project Templates for each respective Issue as the guide for eligible reimbursement A All equipment approved for purchase in accordance with FY2011 Domestic Security Project Templates must be on the FY 20101Authorized Equipment List (AEL) and include that reference number on all reimbursement requests. The AEL can be found at hitps: //vmw✓.rkb.us. 14 The transfer of funds between the categories listed in the "Proposed Program Budget" is strictly prohibited. The approved FY2011 Domestic Security Project Templates do not provide for the use of Management and Administration costs by the Subrecipient. P _ aid"i N y 4 y Stale Homeland Security Grant Program — Issue 3 & 9 City of Delray Fire Rescue Planning Equipment issue 3 -- Equipment Capability $17,138,00 Relent on of USAR and HazMat Equipment Exercise $9.00 Training V1624.00 Issue 9 — Sustalnment of Training for USAR & Hazmat Total $24,762.00 17 Budget Detail Worksheet The following approved FY2010 Domestic Security Project Templates, as assigned for each Issue, provide a completed budget detail worksheet for the Subrecipient, which accounts for the total award. The Subrecipient may not independently alter or amend the intent of approved FY2010 Domestic Security Project approved line items for funding of the respective Issues without the prior approval the Department through the grant manager. Changes need to be requested after the execution of this Agreement; contact the grant manager listed in this Agreement via email or letter. Subrecipient: City of Delray Beach Fire Rescue Issue 3 — Equipment Capability Retention Hazardous Materials Response Teams 2011 SHSGP Equipment Sustainment List City of Aelray Beach Fire Rescue HM7C 4 sensor replacement 13 month07CD- 01 -DPSW 2 800.00 1,600.00 Ar us 3 Thermal imaging Camera Warranty/ Service USE-01 -IHTS 1 750.00 750.00 Calibration aseso7CD -01 -DPMG 1 200.00 200.00 Level "A" Suit Front Entry 01VT- 01 -ENSM 2 820.00 1,640.00 NiCad Battery Padc10BC- 00 -BATT 2 210.00 420.00 PAPR turbo kit NNH Battery Pack07SE -01 -IHTS 1 228.00 228.00 Raman Spectroscopy Warrant 15er0ce21GN -00 -MAIN 1 6,500.00 6,500.00 Raman Spectroscopy Warranty /Service 21GN -00 -MAIN 1 4,000,00 4,000.00 Sapphire XL Expanded Service Warranty 21GN -00 -MAIN 1 400.00 400.00 TVA1000B Expanded Service Warranty 21GN -00 -MAIN 1 400.00 400.00 Wireless handheld gas monitor warranty 07CD -01 -DPMG 2 500100 1,000.00 Equipment Total 18 Issue 9 - Sustainment of Training for USAR, HazMat & incident Management Teams Hazardous Materials Response Teams 2019 SHSGP Training Sustainment List City of Deiray Beach Fire Rescue HM7C 1NAD Radinuclear responder PER -240 OTISF Travel 2 1,000.00 2,000,00 MAD Hazardous materials tech PER -261 OT /BF Travel 2 1,612.00 3,224.00 WAD Respiratory rotenfion PER -263 OTBF'rravei 2 1,200.00 2,400.00 Total Training $7,624.00 19 ATTACHMENT Al Scope of Work Funding is provided to perform eligible activities as identified in the Domestic Homeland Security — Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2009 State Homeland Securlty Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Other Eligible Activities A, Equipment Acquisition FY 2011 SHSP funds maybe used for equipment acquisition in accordance with the approved funding identified in the FY2011 Domestic Security Project Templates, as assigned for each equipment category Issues, from the 21 equipment categories listed in the FY 2011 Grants & Training (G &T) Authorized Equipment List (AEL). The FY 2011 AEL is available In its entirety online through the Responders Knowledge Base (RKB) at httnsa /www.rkb_us. The equipment Issues are outlined below. Specific Issues as described below are included in this Category Issue 3 — USAR and HazMat Sustainment - This project funds the retention (upgrade or replacement) of the identified equipment caches for each of the thirty Type 11 WMD Regional Hazardous Materials Response Teams and the seven State Urban Search & Rescue'Task Forces in accordance with the 2011 Florida Domestic Security Strategic Plan and the appropriate Urban Search and Rescue Type I, II, & III RDSTF Standard Operations Guides or the Hazardous Materials Response Team Operational Readiness Standard Operations Guide. These funds provide the capability to upgrade, or replace equipment cache items that were purchased with Federal Grant funds, and require such, or have reached the end of their operational service life_ B. Training Funds may be used to enhance the capabilities of State and local preparedness and response personnel through development of a State homeland security training program. Allowable training - related costs Include: Funds used to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Specific Issues as described below are included in this Category Issue 09 — Sustainment of Training for USAR, HazMat Teams Authorized training includes the following: • Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA - sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is 20 dual compensation allowable. That is, an employee of a unit of government may not receive compensation from both their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Further, overtime costs associated with employees who participate in training in a teaching role for which they are compensated are not allowed. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Straight time IS NOT eligible for reimbursement with DHS SHS funds. • Travel costs (e,g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to Department approved training. • Certification/ Recertification of Instructors is an allowable cost. States are encouraged to follow the FFMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. Allowable training topics include CBRNE terrorism, and NIMS related training. C. Unauthorized Expenditure • Activities unrelated to the completion and implementation of the SHSGP • Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs • Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill Note: All FY 2010 Homeland Security Grant Program Grant Guidance can be found at http: / /www.oip,usdoi.gov /odp /a rants hsgp..htm II, Documentation Required for Department to Make Expenditures on Behalf of the Subrecipient The Department may retain some or all of the Subrecipient's allocation of grant funds for expenditures made by the Department on behalf of the Subrecipient only if requested in writing by the Subrecipient In the event the Subrecipient requests the Department to make purchase(s) related to this Agreement on its behalf, a request in writing on local entity letterhead shall be submitted to the Department. If approved, the Department will make the purchase and submit the requisite documentation for reimbursement from the Subrecipient' allocated funds. Nothing herein shall require the Department to make the purchase on behalf of the local Subreciplent III. Reporting Requirements A. Benchmarks All funds shall be obligated within the first 6 months of the date of execution of the Agreement by both parties, no laterthan May 31, 2013. • No less than 50% of the funds shall be spent within the first 12 months from the date of execution of the Agreement, no later than November 30, 2013. • 100% of the funds shall be spent within 18 months from the execution of the Agreement, no later than February 28, 2014. 21 • Any unobligated funds will be de- obligated at the end of this period and are subject to reallocation to other prioritized projects. • Extensions to the period of performance will be considered only through formal requests to the Department with specific and compelling justifications why an extension is required. All requests for extensions are subject to review and will not automatically be granted. B. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this Agreement_ If a reports) is delinquent, future financial reimbursements will be withheld until the Subrecipient's reporting is current. Prnrimmmatic Ppnnrtinn Rnhorivdo Reporting Period Report due to DEM no later than January 1 through March 31 Aril 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 Januar y 31 C. Reimbursement Requests: A request for reimbursement may be sent to the grant manager for review and approval at anytime during the Agreement period. The Subrecipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "proposed Program Budget". An Issue number is to be included for every dollar amount listed in the "Detail of Claims" form. D. Close -out Programmatic Reporting: The Close -out Report is due to the Department no later than 30 calendar days after the Agreement is either completed or the Agreement has expired. 22 Monitoring: Florida Department of Financial Services US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Department of Financial Services has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a Subrecipient's compliance with applicable state and federal guidelines. The Department is responsible for monitoring the programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance. Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic /capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and Agreement. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomp€ °shed during this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the Department and the Subrecipient via e-mail and telephone. Site visits are defined as actual visits to the Subrecipients location by a team or members of the Department or its designee, to actually observe records, procedures and equipment. Frequency of annual monitoring activity: Each year the Department will identify up to 50% of Subrecipients for site visit monitoring. Examples of areas that maybe_ examined include: Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIMS compliance documentation In certain circumstances, the Subrecipient may be requested to provide additional monitoring /information if the activity, or lack there of, on the part of the specific Subreciplent has generated questions from the region, the SAA or the Department. The method of gathering this information will be determined on a case -by -case basis. Desk monitoring is an on -going process. Subrecipients will be required to participate in desk top monitoring on an annual basis and as determined by the Department. The Subrecipients will complete and submit the desk top monitoring within 30 calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA) andlor a site visit if the Department determines that a Subrecipient 1s having difficulty completing projects. 23 As difficulties /deficiencies are identified, the respective region or SAA will be notified by the Department via email. Information will include the Subrecipient name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the Department level. Issues that require further TA will be referred to the SAA for assistance. Examples of TA include but are not limited to: A Equipment selection or available venders • Eligibility of items or services • Coordination and partnership with other agencies within or outside the region or discipline. Site Visits Site visits will be conducted by the Department or designee. Site visits will be scheduled in advanced with the Subrecipient grant manager designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit The Department or its designee will also conduct coordinated financial and grant file monitoring. These monitoring visits maybe coordinated with a capability review visit. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to a capability review will be documented and maintained within the Department. Site Visit Protocol The following outlines the monitoring protocol for the Department The site visits will begin with those Subrecipients that are currently spending or have completed spending for a federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit Preparation The Department will notify the Subrecipient's grant manager by mail stating the purpose of the site visit at least 80 calendar days prior to the planned arrival date. Department or designated personnel will contact the Subrecipient within the next 10 calendar days to schedule an appointment to review the Subrecipient's program. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented. The appointment should be confirmed with the Subrecipient in writing (email is acceptable) and documented. Personnel designated by the Department attending the site visit will review the Subrecipient's documentation prior to the visit. Site team members' roles will be identified prior to the visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the Subrecipient's grant manager one business day in advance of the site visit. Site Visit Once designated personnel have arrived at the s'te, an orientation conference will be conducted. During this time, the purpose of the site visit and the items the Department intends to examine will be identified. If financial monitoring visit will be conducted, the team members will explain their objectives and will proceed to perform the financial review. 24 Designated personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tourlvisualispot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Large items such as computers, response vehicles, etc. should have an asset decal (information /serial number) placed in a prominent location on each piece of equipment as per Subrecipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment in excess of $1,000.00 per item If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual /spot inspection of equipment has been completed, the designated personnel will then conduct an exit conference with the Subrecipient to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, paymerltvouchertreimbursement, equipment, questions, etc. Post Site Visit Department personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the Subrecipient explaining any issues and corrective actions required or recommendations. The Subrecipient will submit a Corrective Action Plan within a timeframe as determined by the Department. The Site Visit Worksheet, report and photographs will then be included in the Subreaipienfs file along with any documents distributed at the site visit by the Subrecipient. IV. Programmatic Point of Contact Grant and Programmatic Point of Contact John P. Kohnke, 200 East Gaines Street, Tallahassee, FL. 32399 -0340 (850) 413 -3611 John. koh n keQmyfloridacfo.com V. Agreement Responsibilities The Department shall determine eligibility of projects and approve changes in scope of work. The Department shall administer the financial processes. 25 ATTACHMENT A2 Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4) OMB Circulars A -21, A -87, A -110, A -122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Florida Statutes 8) Chapter 119, Florida Statutes 9) Section 216.181(6), Florida Statutes 10) Cash Management Improvement Act Of 1990 11) American with Disabilities Act 12) Section 112.061, Florida Statutes 13) Immigration and Nationality Act 14) Section 286.011, Florida Statutes 15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66. 16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975 18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 19) Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) 20) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 21) 28 CFR applicable to grants and cooperative agreements 22) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 23) 42 USC 37H(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; 24) Section 504 of the Rehabilitation Act of 1973, as amended; 25) Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); 26) Title IX of the Education Amendments of 1972; 27) the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28) 28 CFR Part 42, Subparts C,D,E, and G 29) Department of Justice regulations on disability discrimination; 30) 28 CFR Part 35 and Part 39. 31) Federal Acquisition Regulations 31.2 and 931.2 26 Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 1e Avenue FLUM Amendment and Rezoning Page 10 The CBD (Central Business District) zoning will allow additional options on the property including the construction of a hotel and retail /commercial development which will provide service for visitors and tourist visiting the City of Delray Beach as well as new jobs for the adjacent residential areas. In addition, the operation of the future hotel development will enhance the subject property comparatively with the existing dilapidated sites. The development proposal will not hinder development or redevelopment of nearby properties if appropriate buffers are provided during site development. The existing adjacent land uses will not be negatively impacted by the uses allowed under the CBD zoning designation. Indeed the proposal for hotel development in the area will better the image of the City and incentivized the local economy to attract new commercial and retail investment. LDR SECTION 2.4.50(5) - REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed under Subsection (2): (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and /or neighborhood. The applicable findings for which the rezoning should be granted, relates to items "b" and "c" identified above, indicating that there has been a change in circumstances which make the current RM (Multiple Family Residential - Medium Density) zoning inappropriate. The CRA is planning to develop a hotel at the corner of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue. The hotel site will measure 2.3 acres (including the subject property Lot 12) and will contain several lots located to the north of lot 12. The future hotel site is currently zoned CBD and is surrounded by commercial sites also with CBD zoning. The Southwest Area Redevelopment Plan calls for traditional features of town design such as buildings at the street line, parking areas at the rear of the structures, and prominent public spaces. The plan also calls for substantial redevelopment of property between SW 2nd Street and West Atlantic Avenue with retail and office uses. The development of this lot under CBD zoning would be consistent with the Southwest Area Redevelopment Plan_ Lot 12 will be part of the rear parking area of the hotel which means that the hotel structure will front on West Atlantic Avenue as required by the Southwest Area Redevelopment Plan. Adjacent Zoning: Adjacent Land Uses: North CBD (Central Business District) Vacant Lot owned by the CRA West RM (Multiple Family Residential - Multiple Family Building part of the Atlantic Medium Density) Gardens Subdivision East RM (Multiple Family Residential - A Single Family Home part of the Belair Heights Medium Density) Subdivision South RM (Multiple Family Residential - Vacant Lot owned by the CRA Medium Density) The CBD (Central Business District) zoning will allow additional options on the property including the construction of a hotel and retail /commercial development which will provide service for visitors and tourist visiting the City of Delray Beach as well as new jobs for the adjacent residential areas. In addition, the operation of the future hotel development will enhance the subject property comparatively with the existing dilapidated sites. The development proposal will not hinder development or redevelopment of nearby properties if appropriate buffers are provided during site development. The existing adjacent land uses will not be negatively impacted by the uses allowed under the CBD zoning designation. Indeed the proposal for hotel development in the area will better the image of the City and incentivized the local economy to attract new commercial and retail investment. LDR SECTION 2.4.50(5) - REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed under Subsection (2): (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and /or neighborhood. The applicable findings for which the rezoning should be granted, relates to items "b" and "c" identified above, indicating that there has been a change in circumstances which make the current RM (Multiple Family Residential - Medium Density) zoning inappropriate. The CRA is planning to develop a hotel at the corner of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue. The hotel site will measure 2.3 acres (including the subject property Lot 12) and will contain several lots located to the north of lot 12. The future hotel site is currently zoned CBD and is surrounded by commercial sites also with CBD zoning. The Southwest Area Redevelopment Plan calls for traditional features of town design such as buildings at the street line, parking areas at the rear of the structures, and prominent public spaces. The plan also calls for substantial redevelopment of property between SW 2nd Street and West Atlantic Avenue with retail and office uses. The development of this lot under CBD zoning would be consistent with the Southwest Area Redevelopment Plan_ Lot 12 will be part of the rear parking area of the hotel which means that the hotel structure will front on West Atlantic Avenue as required by the Southwest Area Redevelopment Plan. Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 11 The Redevelopment Plan also calls for commercial zoning designation for all those parcels located within approximately 300' north and south of West Atlantic Avenue. 35 SW 10tt' Avenue (Lot 12) is one of those parcels located within approximately 300' south of West Atlantic Avenue, and thus, the proposed Future Land Use Amendment and zoning designation for lot 12 meets the Goals, Policies and Objectives of the West Atlantic Corridor as well as the Future Land Use Map designation of the West Atlantic Redevelopment Plan. Thus, the requested zoning will be of similar intensity as allowed under the Future Land Use Map and will be more appropriate for the subject property based upon the particular commercial characteristics of the West Atlantic Neighborhood and the close proximity of Lot 12 (less than 300') to the West Atlantic Avenue Corridor. The requested CBD (Central Business District) zoning is complimentary to and compatible with the surrounding and adjacent properties. Compatibility with adjacent neighborhoods will be addressed during the site plan review process. The requested CBD zoning will enhance compatibility and will not have a detrimental impact in the existing zoning and development pattern of the area. :.....:.:: R vi Community Redevelopment Agency (CRA): At its meeting of May 24, 2012, the Community development proposal and recommended approval rezoning. Downtown Development Authority (DDA): Redevelopment Agency (CRA) reviewed the of the privately initiated FLUM amendment and The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority). Courtesy Notices: A special courtesy notice was provided to the following homeowners and /or civic organizations: • Neighborhood Advisory Council • Lincoln Park • Atlantic Park Garden • Delray Citizen's Coalition • West Side Heights Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and /or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND C(7NCLUSI(JN The requested Future Land Use Map designation from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), for the subject property (lot12), is to allow development of the site as a Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 12 rear parking area as part of a proposed hotel development located to the north. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5)(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. ..:'rte•' ••':.:;.-:- ...`..'..:=.: 1'';: '. -. ; .. .: RECOMMENDED ACTIO_NS {•;:;�;;,:: A. Move a recommendation of approval to the City Commission for the privately initiated Future Land Use Map amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). B. Move a recommendation of denial to the City Commission for the privately initiated Future Land Use Map change from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). STA Et FF ECOMMENDATiONS Move a recommendation of approval to the City Commission for the privately initiated Future Land Use Map change from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). Staff Report Prepared by: Estelio Breto, Senior Planner Attachments; • Zoning District Map Exhibits • Future Land Use Map Exhibits • S u rvey Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 13 Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to an 8' water main located on the east side of SW 10th Avenue r -o -w. Fire protection is provided by one fire hydrant located on the southeast side of SW Vt Street and SW 9th Avenue. Additional fire hydrants located closer to the subject property will be considered as part of the site plan review approval process. Sewer service is available to the site via connection to an existing 8" sewer main which is located along SW 10t� Avenue r -o -w. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current FLUM. This FLUM change will not significantly increase the demand on these services. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: The applicant has indicated that a traffic impact analysis has been conducted by Traffic -Tech Engineering to determine the change in traffic patterns resulting from the proposed amendment of the Future Land Use Designation and rezoning for the subject property. The report has determined the traffic impact for the most intense use of the property under the current MD (Medium Density Residential) FLUM designation, and the traffic impact for the most intense use under the proposed CC (Commercial Core) FLUM designation. The results of the trip generation comparison analysis between the existing (RM) and proposed (CC) land use designations are shown in Table 3 below. TABLE 3 Proposed Hotel - Net Traffic Impacts Trip Generation Analysis Future Land Use Designation AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Current (Maximum Intensity) Proposed (Maximum Intensity) 14 432 1 26 4 5 5 31 1 14 0 38 1 52 Net New Trips 418 25 1 26 13 38 51 The traffic report indicates that the proposed land -use change is projected to generate approximately 418 new net Average Daily Trips (ADT), which equates to approximately 26 more A.M. peak hour Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10u' Avenue FLUM Amendment and Rezoning Page 14 trips, and approximately 51 new trips during the typical afternoon peak period, when compared against the maximum allowable development under the existing land use designation. The new AM and PM peak hour trips were distributed throughout the road - network system located within a one -mile radius of the project site in order to determine if the new peak hour project trips are significant from a traffic engineering stand point. As documented in Table 3 above, the proposed land -use change is not anticipated to significantly impact any roadway segment located within the project's radius of development influence. Therefore, the proposed land -use change is not anticipated to negatively affect the roadway network located within the project study area. Therefore, a positive finding can be made with respect to this level of service standard. Parks and Open Space: Park dedication requirements do not apply for non - residential uses. However, there will be an impact fee of $500 per room which will equate to a total of approximately to $59,000 dollars (500 x 118 rooms = 59,000). Solid Waste: Solid waste requirements will be evaluated during the site plan review process for the proposed hotel. development. No issues are anticipated. Schools: School provision requirements do not apply for non - residential uses. CL Ld W ir O J D 'D v E ,°, y� Q d r)_ Om o �... m n•. O�C) .JN {i{��V r qN p JY iuN � U+ro E �O.? N L�^� m1 2 00, y0,. r(3 aai? i�:•'B xSraO ba mO t - D m ,I .. 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S.W. z V5 vi 1ST w Q LU Q 1ST rn R 3E vi 1 l � s�— m1 s N N SUBJECT PROPERTY 35 SW 10TH AVENUE PLANNING AND ZONINGY "'° FUTURE LAND USE MAP DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning do Zoning \DBMS \File— Cob \Z —LM 1001- 1500 \LM1337 -35 SW 10th Avenuo FLUM mil ,Hffilltmwlpll O �r S.W. 1ST 6M L IEIEIE�llml 0 t\ c� 1ST mill -- DIGITAL BASE MAP SYSTEM -- MAP REF_ 5: \Planning & Zoning \DBMS \Fle — Cob \Z —LM 1001- 1500 \LM1337_35 SW 10th Avenue Zoning N SUBJECT PROPERTY 35 SW 10TH AVENUE o) c PLANNING AND ZONING ZONING MAP DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF_ 5: \Planning & Zoning \DBMS \Fle — Cob \Z —LM 1001- 1500 \LM1337_35 SW 10th Avenue Zoning w 1ST A T L A N T I C > > W r�l LEI ¢ ¢ Q S. W. N F O S.W. A V E N U E w Q 1ST x F- rn S N co u7 2ND � � Z E I U �� SUBJECT PROPERTY 35 SW 10TH AVENUE PLANNING AND ZONING - ' DEPARTMENT LOCATION MAP ST. -- LAU11AL BASE MAP SYSTEM — MAP REF S. \Planning & Zoning \DBMS \Fife— Cab \Z —LM 1001- 1500 \LM1337_35 SW 10th Avmme I PRIME 'GROUP A NFV4F, CI Colorant @G July 26, 2012 City Clerk City of Delray Beach 100 NW 1" Avenue Delray Beach, Fl., 33444 RE: Reconsideration of Ord. 19 -12 FLIRWRetian.ing Request To wrlion-i it may concerns The above mentioned land use plan amendment and rezoning request was heard at the City Commission meeting on July 17, 2012. At the hearing, 'the ordinance was pot approved due to lack of 'a 2 "d by a Commissioner for the motion to approve by (lie Vice Mayor. We are requesting this item be placed on the August 7th, 2012 Commission meeting for reconsideration by the Commission to approve the ordinance. This direction was provided to us by the City Attorney. Please let us know if we need to provide additional advertising fees and mailing labels. Sincerely, Mayer S. Abbo For Prime Management Group 4651- Sheridan Street. Suite4A Hollywood, Florida 33421 'l'elephone (954:) 392 -8738 Laxt. 316 - Facsimile(954)392-8748 www.primegroupus.com HSQ GROUP INC. ]Engineers + Plaauxtet s • Surveyors C 1-_i © U P Boca Raton, FL. 33486 (561) 392 -0221 PI-tone - (561) 392 -6458 Fax July 27, 2012 City Clerk City of Delray Beach 100 NW 1 ST AVENUE' DELRAY BEACH, FL 33444 RE: 35 SW 1fllh Avenue — Land use amendment and rezoning reconsideration Lot 12, Block 1, Belair heights plat HSQ Project Number: 1204 -15 To whom it may concern: Please find attached a letter from Prime Management Group requesting the Land use and rezoning ordinance (Ord.. 18 -12) be reconsidered by the City Commission for approval. Per our discussions with City staff we are requesting to be placed on the August 7, 2012 Commission meeting. Sincerely, HSQ GROUP, INC. �x i Jay Huebner, P.E., A.I.C.P., LEED AP Agent for applicant. pfi#atY.€fier�::_:,- . RECEIVE CZ JUL 2;7 202 CITY CLERK Greater Delray 9each Chamber of Commerce August 3, 2012 Delray Beach Commission City of Delray Beach 100 NW 1" Avenue Delray Beach, Florida 33444 Dear Delray Beach Commissioners: _ AUG - 2012 D CITY COMMISSION The Greater Delray Beach Chamber Of Commerce is the largest business organization promoting free enterprise in Delray Beach. We wish to express our endorsement and support of the proposed western Atlantic Avenue Hotel project. Prime Investors & Developers Inc., the developer of the project, proposes to locate a Marriott brand "Fairfield Inn & Suites" on property owned by the Community Redevelopment Agency (CRA) on western Atlantic Avenue between SW 9th & SW 101h Avenues. This resort style hotel will be a four story property with pool, fitness center, meeting space and an expected 30 + new jobs. We believe this project will have the following beneficial impact to Delray Beach and the western Atlantic Avenue community: • Demonstration of the economic recovery through new construction • Assisting to revitalize the business community in the western Atlantic Avenue neighborhoods • Encouragement and stimulated growth of existing local businesses • Provision of new job opportunities • Offering much needed meeting space for business and civic functions This project will further provide the following positive economic impact: • A regional impact of approximately $14,700,000, according to the US Department of Commerce Bureau of Economic Analysis. • An estimated local impact of over $900,000 during the next 10 years, and over $5,000,000 in a period of 40 years, in addition to land payments to the CRA. • A projected annual income revenue to the City of Delray Beach from all sources related to this project of $27,760 per year. We believe the developer has addressed the concerns of public safety. At a recent Chamber Economic Development Committee meeting, the Delray Beach Police Department stated support for this project and look forward to working with the developers. The Chamber joins with the West Atlantic Redevelopment Coalition, the CRA, Economic Development Director Vin Nolan, and the Delray Beach Police Department in supporting the request for a zoning change to bring this positive economic development project to Delray Beach. We heartedly request your support of the zoning change in this matter. Respectfully Submitted, Board of Directors Greater Delray Beach Chamber Of Commerce Additional Information for Item y 9.E. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 2, 2012 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF AUGUST 7.2012 2012 BEACH RENOURISHMENT FILL EVENT PROJECT Page 1 of 2 ITEM BEFORE COMMISSION The action requested of the City Commission is direction on the upcoming beach renourishment fill event given the lack of appropriated federal funds to reimburse the federal share of the project. BACKGROUND The Plans and Specifications for the project have been completed and both DEP and Army Corps of Engineers permits have been issued. These permits, which are good for a period of ten years, have an anticipated construction date of November, 2012. The City placed the project out for bid for construction this fall and bids were received from three companies. All bids were extremely competitive, and the low bid for the project was submitted by Great Lakes Dredge & Dock, LLC, with a construction cost of $8,820,110. (See Exhibit A). This bid along with anticipated related Engineering and Environmental task costs of $344,721, and required permit monitoring activities of $45,550 brings the anticipated project cost for 2012/2013 to $9,210,381. This project is a reimbursable project with participation from the Federal, State and County governments. The City borrows the funds short term and then seeks reimbursement from our partners. The Federal reimbursement commitment is identified in the LCA (Local Cooperation Agreement - Exhibit B) between the Department of the Army and Palm Beach County (effective for 50 years thru September 23, 2023); the State's share through DEP Agreement 12PB 1 (Exhibit C); and the County share through an interlocal agreement between Palm Beach County and Delray Beach dated October 4, 1994 (Exhibit D). The Federal Share is 56.33% or $5,188,207 and the State and County shares are each 50% of the non- Federal share or $2,011,087 from the State and $2,001,141 from the County (county does not participate in turtle monitoring function). The County is allocating their local share for the project in its upcoming 2012/13 budget and the State funds have been committed via DEP agreement 12PB 1 recently approved by the City Commission (June 18, 2012). The Federal funds are subject to yearly appropriations in either the President's budget or in the Army Corps work program budget. The Federal Share of $5,188,207 for the Delray Beach http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5862 &MeetingID =384 8/3/2012 Coversheet Page 2 of 2 renourishment project has not been allocated in either the President's budget or the Army Corps 2012/2013 work program. The City has been successful in securing funding for fill events in the past by getting monies earmarked for our project through Congressional Adds. However, with the current prohibition on legislative earmarks the City's has been unsuccessful in securing Federal funding. Further, while the City has actively lobbied the Jacksonville branch of the Army Corps for the project's inclusion in their work plan, the project was not included in the work plan after the work plan was approved by the Atlanta Branch of the Corps. The challenge in remaining in the Army Corps work program as a funded project is in part due to the Army Corps philosophy of prioritizing reimbursable projects lower than Army Corps constructed projects. Additional lobby efforts are underway by Palm Beach and Broward counties to have greater emphasis placed on Reimbursable projects. This language (Exhibit E), which is proposed for inclusion in future WRDA (Water Resources Development Act) bills will place additional emphasis on funding of previously constructed reimbursable projects (constructed by both Broward and Palm Beach County) as well as future maintenance fill projects. While it is noted that Delray Beach has received reimbursements for prior fill events, Federal reimbursement obligations for current pre - project engineering tasks in the amount of $421,327 remain outstanding. A representive for CPE (Coastal Planning and Engineering), our project engineers, will be at the meeting to address the benefits of proceeding and/or any potential drawbacks of delaying the project. RECOMMENDATION Provide direction on how to proceed with the beach renourislunent project. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5862 &MeetingID =384 8/3/2012 EXHIbir A a CL 0 o o O \D k d' 6g M � Gn � eq 1, � O CA L Q � C N ++ (D LU ° O d' 00 00 O O p O Li tC = o d M C7, -) a m Ln 00 N LU m Q `f' 00 O LU a; E 46S () LLJ �+ rn ca � a �° o 0 W y U o^� ui a ►- U v � � o 9 I1,J 04 N C7 A : + C r E z V +, w a a a a ° O 03 CL N „ r LU N = N d N rA L: _ O V, ,n c . r �. Z ✓� O yr p � a� � b O �-•- .O -fl ., j � m i EXHIbir A Attachment 1 LOCAL COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND PALM BEACH COUNTY, FLORIDA FOR CONSTRUCTION OF THE DELRAY BEACH SEGMENT OF THE PALM BEACH COUNTY, FLORIDA SHORE PROTECTION PROJECT THIS AGREEMENT is entered into this a3 ra day of�� , 1992, by and between the DEPARTMENT OF THE ARMY, (hereinafter referred to as the "Government "), acting by and through the Assistant Secretary of the Army (Civil Works), and PALM BEACH COUNTY, FLORIDA (hereinafter referred to as the "Local Sponsor ") acting by and through its Board of County Commissioners. WITNESSETH THAT: WHEREAS, construction of the shore protection project for Palm Beach County, Florida from Martin County line to Lake Worth Inlet and from South Lake Worth Inlet to Broward County Line (hereinafter referred to as the "Authorized Project ") was authorized by Section 101 of the River and Harbor Act of October 23, 1962 (Public Law 87 -874) in accordance with the recommendations of the Chief of Engineers as set forth in House Document No. 164, 87th Congress; and WHEREAS, construction of the Delray Beach Segment of the Authorized Project was completed in 1973 by Palm Beach County, Florida as. authorized by Section 102 of the River and Harbor Act of 1962 (Public Law 87 -874) ; and WHEREAS, Section 156 of Public Law 94 -587, as amended by Section 934 of Public Law 99 -662, authorizes the Government to extend participation in shore protection projects for a period not to exceed fifty years from the date of, initial construction; and WHEREAS, the Local Sponsor desires to enter into this Agreement providing for extended Government part- cipati.on in the Delray Beach Segment of the Authorized Project from 15 years to 50 years; and WHEREAS, on March 1, 1991 the Assistant Secretary of the Army (Civil Works) authorized the extension of Government participation in the Delray Beach Segment of the Authorized Project (hereinafter referred to as the "Project ") from. 15 years to 50 years in accordance with Section 934 of Public Law 99- -662; Page 1 wo rr 15 and WHEREAS, the Project is generally described in the General Design Memorandum entitled "Palm Beach County, Florida, From Martin County Line to Lake Worth Inlet and From South Lake Worth Inlet to Broward County Line, General Design Memorandum Addendum for Third Periodic Nourishment at Delray Beach, with Environmental Assessment" (hereinafter referred to as the "GDM") approved by the Assistant Secretary of the Army (Civil Works) on and WHEREAS, Section 103(c )(5) of the Water Resources Development Act of 1986, Public Law 99 -662, as amended, specifies the cost - sharing requirements applicable to construction of the Project; and WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91 -611, as amended, provides that the construction of any water resources project shall not be commenced until the non- federal interest has entered into a written agreement to furnish its required cooperation for the Project; and WHEREAS, the Local Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in cost - sharing and financing in accordance with the terms of this Agreement; NOW THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS For purposes of this Agreement: a_ The term "Project" shall mean the periodic beach nourishment of the Delray Beach segment of the Authorized Project to maintain a general width of 1-00 feet with a berm elevation of plus 9.0 feet NGVD for the 2.65 miles of beach that lies within the corporate limts of the City of Delray Beach. b. The term "total project costs" shall mean all costs incurred by the Local Sponsor and the Government directly related to construction of the Project. %Such costs shall include, but not necessarily be limited to, continuing planning and engineering costs incurred.after- October 1, 1985; costs of applicable engineering and design; costs of environmental investigations for hazardous substances; costs of periodic nourishment; surveillance -costs incurred after the date of execution of this Agreement; supervision and administration costs; costs of contract disputes settlements or awards; and the value of lands, easements, rights -of -way, utility and facility alterations or relocations, and dredged Material disposal areas provided..•for the Project by the Local Sponsor, but shall not Page 2 include any costs for betterments, Operation, repair, maintenance, replacement, or rehabilitation. C. The term "surveillance" shall mean monitoring of the beach to determine when future nourishment must be accomplished to maintain the Project. Surveillance includes performing beach profile surveys, aerial photography, sediment sampling, hydrographic surveys, tidal data, environmental data, analysis and preparation of a report, if needed, as generally described in the GDM. d. The term "periodic nourishment" shall mean the placement of suitable beachf ill material along the Project beach during the authorized periodic nourishment period. Periodic nourishment will be based on an average annual placement of approximately 100,000 cubic yards as generally described in the Reevaluation Study, Delray Beach Segment, dated May 1990 and approved March 1, 1991, unless the Government, in cooperation with the Local Sponsor, determines that such periodic nourishment is either not technically necessary or economically justified at that time_ e. The term "authorized periodic nourishment period" shall mean the extended 35 year period of Federal participation in the Project. The term "Contracting officer" shall mean the District Engineer for the Jacksonville District, U.S. Army Corps of Engineers, or his designee. g. The term "highway" shall mean any highway, thoroughfare, roadway, street, or other public road or way_ h_ The term "relocations" shall mean the preparation of plans and specifications for, and the accomplishment of all alterations, modifications, lowering or raising in place, and /or new construction related to, but-not limited to, existing: railroads, highways, bridges, railroad bridges and approaches thereto, pipelines, public utilities (such as municipal water and sanitary sewer lines, telephone lines, and storm drains) , aerial utilities, cemeteries, and other public facilities, structures, and improvements determined by the Government to be necessary for the construction, operation,: maintenance, repair, replacement, and rehabilitation of the Project. i. The term "fiscal year" shall mean one fiscal year of the United States Government,,. unless otherwise specifically indicated. The Government fiscal year begins October 1st and ends on September 30th. j. The term "involuntary acquisition" shall mean the acquisition of lands, easements, and rights -of -way by eminent do-main. - " Page 3 k. The term "functional portion of the Project" shall mean a completed portion of the Project as determined by the Contracting Officer, in writing, to be suitable for operation and maintenance by the Local Sponsor. In making this determination, the Contracting Officer must conclude that the completed portion of the project can function independently and for a useful purpose although the balance of the project may be incomplete. 1. The term "betterments" shall mean construction of any additional features desired by the Local Sponsor which are not authorized as part of the Federal project. The construction cost of such items and their operation, maintenance, repair, replacement, and rehabilitation costs shall not be considered a cost of the Project and shall be borne entirely by the Local Sponsor. `. Article II - OBLIGATIONS OF THE PARTIES a. The Local Sponsor shall perform all Project work pursuant to engineering and design plans which have received prior Government approval. The Local Sponsor shall submit the solicitation package to the Government for review.and comment prior to the award of any contract. b. The Local Sponsor shall provide, as further specified in Article II`+_ of this Agreement, all lands, easements, and rights - of -way, including suitable borrow and dredged material disposal areas, and perform all relocations as determined by the Government to be necessary for the Project. C. The Local Sponsor shall perform all Project surveillance. d. The Local Sponsor shall assure continued conditions of public ownership and public use of the shore upon which the amount of Federal participation is based during the economic life of the project. e_ The Local Sponsor shall provide and maintain necessary access roads, parking areas and other public use facilities, open and available to all on equal terms_ f.. The Local Sponsor shall participate in and comply with applicable Federal flood plain - management and flood insurance programs. g. The Local Sponsor shall publicize floodplain information in the area concerned and shall provide this information to zoning and other regulatory agencies for their guidance and leadership in preventing unwise future development in the flood plain and in adopting such regulations as may be necessary to prevent unwise future development and to ensure compatibility Page 4 with protection levels provided by the Project. h. The Local Sponsor shall bear all costs incurred for the establishment of an erosion control lane in the project area and all costs for placement of material on property not open to the public. A11 lands, easements, rights -of -way, relocations, and dredged material disposal areas needed for placement of material on property not open to the public shall be a 100 percent Local Sponsor cost for which no credit will be given. i. The Local Sponsor shall, without expense to the Government, bear all costs associated with beach berm reshaping, maintenance of storm drainage outfalls, and performance of any other work described in the operation and maintenance manual for the Project, which will be prepared by the Local Sponsor and approved by the Government. j. Not less than once each year the Local Sponsor shall inform affected interests of the limitations of the protection afforded by the Project. k. No Federal funds may be used to meet the Local Sponsor's share of Project costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified in writing by the Federal granting agency. 1. The Government shall review all engineering and design plans submitted by the Local Sponsor, and inspect all work which is accomplished by the Local Sponsor, to ensure that such plans and work are in accordance with the Project design criteria_ m. The Government shall reimburse the Local Sponsor for the Federal share of total project costs as further provided in .Article VI and Article VII of this Agreement. ARTICLE III - LANDS, FACILITIES AND PUBLIC LAW 91 -646 RELOCATION ASSISTANCE a. The Local Sponsor shall provide all lands, easements, and rights -of -way, including suitable borrow and dredged material disposal areas, as may be determined by the Government to be necessary for the Project_ 'The necessary lands, easements, and rights -of -way, including suitable borrow and dredged material disposal areas, may be provided incrementally, but all lards, easements, and rights -of -'way determined by the Government to be necessary for work to be-,performed for the Project must be furnished prior to the advertisement of any contract for that work. b. The Local Sponsor shall provide all retaining dikes, wasteweirs, bulkheads, and embankments, including all monitoring Page 5 features and stilling basins that may be required at any dredged material disposal areas necessary for the Project. C. The Local Sponsor shall accomplish or arrange for accomplishment of all relocations determined by the Government to be necessary for construction_ of the Project. d. The Local_ Sponsor shall comply with the applicable provisions of the Uniform Relocations Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91 -646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100 -17), and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights -of -way, including suitable borrow and dredged material disposal areas, for the Project, and inform all affected persons of applicable benefits, policies and procedures in connection with said Act. The Local Sponsor shall provide such documentation as the Contracting Officer requires to demonstrate compliance. ARTICLE IV - VALUE OF LANDS AND FACILITIES a. No credit shall be given for lands, easements, rights - of -way, including suitable borrow and dredged material disposal areas provided to the Goverment prior to March 1, 1991. The Local Sponsor shall receive a credit for the value of any lands, easements, and rights -of -way, including suitable borrow and dredged material disposal areas, provided for the Project. Such credit shall be applied towards the Local Sponsor's share of total project costs in accordance with the following procedures: 1. If the lands, easements, or rights -of -way are owned by the Local Sponsor as of the date the first contract for the Project is awarded, the credit shall be the fair market value of the interest at the time of such award. The fair market value shall be determined by an appraisal, to be obtained by the Local Sponsor, which has been prepared-by a qualified appraiser who is acceptable to both the Local Sponsor and the Government. The appraisal shall be reviewed and approved by the Government. 2. If the lands,.easements, or rights -of -way are to be acquired by the Local Sponsor after the date of award of the first contract for the Project, the credit shall be the fair market value of the interest at the time such interest is acquired. The fair market value shall be determined as specified in Article IV.a.l of this.Agreement. If the Local Sponsor pays an amount in excess of the appraised fair market value, it may be entitled to a credit for the excess if the Local Sponsor has secured prior written approval from the Government of its offer to purchase such interest_ 3. If the Local Sponsor acquires more lands, Page 6 easements, or rights -of -way than are necessary for Project purposes, as determined by the Government, then only the value of such portions of those acquisitions as are necessary for the Project shall be included in total project costs and credited to the Local Sponsor's share. 4. Allowable credit for lands, easements, and rights - of -way in the case of involuntary acquisitions which occur within a one -year period preceding the date this Agreement is signed or which occur after the date this Agreement is signed will be based on court awards, or on stipulated settlements that have received prior Government approval. S. Credit for lands, easements, or rights -of -way acquired by the Local Sponsor within a five -year period preceding the date this Agreement is signed, or any time after this Agreement is signed, will alsd,.include the actual incidental costs of acquiring the interest, e.g., closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps, and mapping costs, as well as the actual amounts expended for payment of any Public Law 91 -546 relocation assistance benefits provided in accordance with the obligations under this Agreement. b. The cost of relocations which will be included in total project costs and credited towards the Local Sponsor's share of total project costs shall be that portion of the actual costs as set forth below and approved by the Government: 1. Highways and Highway Bridges: Only that portion of the cost as would be necessary to construct substitute bridges and highways to the design standard that the State of Florida would use in constructing a new bridge or highway under similar conditions of geography and traffic loads. 2. Utilities and Facilities (Including railroads): Actual relocation costs, less depreciation, less salvage value, plus the cost of removal, less the cost of betterments. With respect to betterments, new materials shall not be used in any alterations or relocation if materials of value and usability equal..to.thos.e...in the existing facility are available or can be obtained as salvage from the existing facility or otherwise, unless the provision of new material is more economical. If, despite the availability of-used material, new material is used, where the use of such new material represents an additional cost, such cost will not be included in total project costs_ ARTICLE V - PROJECT COORDINATION a. To provide for consistent and effective communication, the Local Sponsor shall appoint a point of contact to coordinate with the Government on scheduling, plans, specifications, modifications, contract costs, and other matters relating to the Page 7 Proj ect . b. The voint of contact shall meet with the Government when deemed necessary, and shall make such recommendations as are considered appropriate to the Government. C. The Government shall consider the recommendations of the point of contact. However, the Government has complete discretion to accept, reject, or modify any recommendation. ARTICLE VI - BASIS OF REIMBURSEMENT a. The Local Sponsor shall provide invoices and any necessary suporting'documents to the Government for all completed Project work for which reimbursement is requested. b. After receipt of the above' inf ormation and subject to the limitations described in Article VII, the Government shall reimburse the Local Sponsor for the Federal share of total project costs which are reasonable, necessary, auditable, and allocable. The Federal share is presently estimated at 56.33 percent of total project costs based on current conditions of shore ownership and use. This percentage is subject to adjustment based upon conditions of shore ownership and use at time of award of each contract for periodic nourishment. ARTICLE VII - LIMITATIONS ON REIMBURSEMENT- a- Reimbursement for the work performed by the Local Sponsor is subject to the availability of appropriations for this Project. b. No reimbursement shall be made until the Contracting Officer has certified that the Project work subject to reimbursement has been completed and performed in accordance with applicable approved engineering and design plans. c_ The amount of reimbursement to the Local Sponsor is not subject to adjustment for interest charges, nor is it subject to adjustment .._ toxef'lect changes in p e ric lev__els between the dates of completion and reimbursement.. d. The Government shall have the right to conduct an audit of Local Sponsor's records- for`,the Project to ascertain reasonable, necessary, and allocable Project costs. In determining casts eligible for reimbursement, the Government shall use Office of Management and Budget Circular No. A -87, "Cost Principles of State and Local Governments ". ARTICLE VIII - DISPUTES Before any party to this Agreement may bring suit in any Page 8 court concerning an issue relating to this Agreement, such party must first seek in good faith to resolve the issue through negotiation or other forms of nonbinding alternative dispute resolution mutually acceptable to the parties. ARTICLE IX - OPERATION, MAINTENANCE, AND REHABILITA`t"`ION a. The Local Sponsor shall operate, maintain, repair, replace, and rehabilitate the Project, or functional portion of the Project at no cost to the Government, in accordance with regulations or directions prescribed by the Government. b. The Local Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable and lawful manner, upon land which the Local Sponsor owns or controls for the purpose of inspection of the project to determine whether the Project has been constructed in accordance with the engineering design and plans, and is being operated and maintained in accordance with regulations-or directions prescribed by the Government. c. If an inspection shows that the Local Sponsor for any reason is failing to fulfill its obligations under this Agreement without receiving prior written approval from the Government, the Government will send a written notice to the Local Sponsor_ If the Local Sponsor persists in such failure for 30 calendar days . after receipt of the notice, then the Government shall have a right to enter, at reasonable times and in a reasonable manner, upon lands the Local Sponsor owns or controls for the.purpose of fulfilling the Local Sponsor's duties under this agreement. No action by the Government shall relieve the Local Sponsor of its obligations under this Agreement, or preclude the Govermment from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. ARTICLE X - RELEASE OF CLAIMS The Local Sponsor shall hold and save the Government free from all damages related to the Project, except for damages due to the fault or. negligence- -of.. the--Government or...its.... contractors....._. __... . ARTICLE XI - MAINTENANCE OF RECORDS . The Government and Local Sponsor shall keep books, records, documents, and other evidence pertaining to costs and expenses incurred-pursuant to this-Agreement to the extent and in such detail as will properly reflect total project costs for the term of this Agreement. The Government and the Local Sponsor shall make such books, records, documents, and other evidence available at their offices for inspection and audit by authorized representatives of the parties to this Agreement. Page 9 ARTICLE XII - FEDERAL AND STATE LAWS In acting under its rights-and obligations hereunder, the Local Sponsor agrees to comply with all applicable Federal and State laws and regulations, including but not limited to, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91 -646), Section 601 of Title VI of the Civil Rights Act of 1964 (Public Law 88 -352) and Department of Defense Directive 5500.II issued pursuant thereto and published in part 300 of Title 32, Code of Federal Regulations, as well as Army Regulation 600 -7 entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army." In addition, the Local Sponsor agrees to apply and include provisions consistent with the following statutes in all construction contracts_ a. Buy American, 41 U.S.C. Section 10a; b. Clean Air Act, 41 U.S.C. Section 7606; C. Clean Water Act, 33 U.S.C. Section 1368; d. Contract Work Hours, 40 U.S.C. Section 327 et. seq.; e. Convict Labor, 18 U.S.C. Section 4082; f. Copeland Anti- Kickback , 40 U.S.C. Section 276c; g. Davis Bacon Act, 40 U.S-C. Section 276, et. seq.; h. Equal Opportur�ity, 42 U.S.C. Section 2000d; i. Jones Act, 46 U.S.C. Section 292; j. Rehabilitation Act (1973), 29 U.S.C. Section 794; k. Shipping Act, 46 U.S.C. Section: 883; _.._........_...__..___.1, Utilization. of .Small. Business, 15 U, S_C, Section 631, 644; ... -- .. ..._. - M. Vietnam Veterans, 38 U.S.C_ Section 2012; n. Walsh - Healey, 41 U.S.C. Section 35, et. seq. ARTICLE XIII - Relationship of Parties. The parties to this Agreement act in an independent capacity in the performance of their respective functions under this Agreement, and neither party is to be considered the officer, agent, or-employee of the other. Page 10 ARTICLE XIV - OFFICIALS NOT TO BENEFIT No member of or any delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE XV - COVENANT AGAINST CONTINGENT FEES The Local Sponsor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or-selling agencies maintained by the Local Sponsor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability, or, in its discretion, to subtract from the reimbursement price the full amount of such commission, percentage, brokerage, or contingent fee ARTICLE XVI - NOTICES a. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first -class (postage-prepaid), registered, or certified snail, as follows: If to the Local Sponsor: If to the Government: Chairman Board of County 301 North Olive West Palm Beach, Commissioners Avenue Florida 33401 District Engineer U.S. Army Corps of Engineers Jacksonville District P.O. Box 4970 Jacksonville, Florida 32232 -0019 b. .. A._par_ty_ may change. the. address to _which such communications are to be directed by giving written notice to the other in the manner provided.in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at such time as it is personally delivered or seven calendar days after it is mailed, as the case may be. ARTICLE XVII - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged Page 11 information when requested to do so by the providing party. ARTICLE XVIII - HAZARDOUS SUBSTANCES a. After execution of this Agreement and upon direction by the Contracting Officer, the Local Sponsor shall perform, or cause to be performed, such environmental investigations as are determined necessary by the Government or the Local. Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC 9601 -9675, on lands, easements, rights -of -way, including suitable borrow and dredged material disposal areas necessary for the Project. All actual costs incurred by the Local Sponsor which are properly allowable and allocable to performance of any such environmental investigations shall be included in total project costs and cost shared as a construction cost in accordance with Section 103 (c) (5). of Public Law 99 -662. b. In the event it is discovered through an environmental investigation or other means that any lands, easements, rights - of -way, including suitable borrow and dredged material disposal areas to be acquired or provided for the Project contain any hazardous substances regulated under CERCLA, the Local Sponsor and the Government shall provide prompt notice to each other, and the Local Sponsor shall not proceed with the acquisition of lands, easements, rights -of -way,- or disposal areas until mutually agreed. C_ The Government and the Local Sponsor shall determine whether to initiate construction of the Project, or if already in construction, to continue with construction of the Project, or to terminate construction of the Project for the convenience of the Government in any case where hazardous substances regulated under ' CERCLA are found to exist on any lands necessary for the Project. Should-the Government and the Local Sponsor determine to proceed or continue with construction after considering any liability that may arise under CERCLA, as between the Government and the Local Sponsor, the Local Sponsor shall be responsible for any and all necessary clean up and response costs, to include the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs as defined in this Agreement. in the event the Local Sponsor fails to provide any funds necessary to pay for clean up and response costs or to otherwise discharge its responsibilities under this paragraph upon direction by the Government, the Government may either terminate or suspend work on the Project or proceed with further work. d. ..The Local Sponsor and the Government shall consult with Page 12 R92 12830 each other under the Construction Phasing and Management Article of this Agreement to assure that responsible parties bear any necessary cleanup and response casts as defined in CERCLA. Any decision made pursuant to paragraph c of this Article shall not relieve any party from any liability that may arise under CERCLA. e. The Local Sponsor shall operate, maintain, repair, replace, and rehabilitate the Project in a manner so that liability will not arise under CERCLA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE DEPARTMENT OF THE ARMY BY: , BY P. Dorn Assistant Secretary of the Army (Civil Works) DATE: 4ff-Z 1 Z- PALM BEACH;COUNTY, FLORIDA 1 . i.4Q1l.:LLb SEP 2 2 Board 'of County Commissioners DATE: SEP 2 2 1992 APPRO ED AS TO FORM WCOUNTY GALL SUFFICIENCY AT RNEY MIL -T T. BAUER /�SOart� o, ERK - ` ounty Co issi / DEPUTY CLERK Page 13 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of. any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) -The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into -this transaction imposed by Section 1352, Title 31, U.S Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and more ._than...$.100, 000. for each such failure. 1 T. Marcus Ch it Bo rd of County Coffmissioners Palm Beach County,~ M ! LM9T. BAU.E_ -R, CLERK oard o Coyrtty'C5 sioners. e Page 14 �- ' Z` . 1. � W r .f u ,DEPUTY CLERK CERTIFICATE OF AUTHORITY I, Joe Mount, do hereby certify that I am the Principal Legal Officer of Palm Beach County, Florida and that the Palm Beach County, Florida is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between The Department of the Army and the Palm Beach County, Florida in connection with the Project and to pay damages, if necessary, in the event of the failure to perform in accordance with Section 221 of Public Law 91 -611 and that the person who has executed the Agreement on behalf of Palm Beach County, Florida has acted within his statutory authority. IN WITNESS WHEREOF I have made nd executed this `. Certificate this /7f day of 199, . Mount ty A orney � Beach County, Florida Page 15 r CERTIFICATION OF LEGAL REVIEW The draft Local Cooperation Agreement for the Delray Beach Segment of the 1962 Palm Beach County, Florida Shore Protection Project has been fully reviewed by the Office of Counsel, USAED Jacksonville. I'll, istric Counsel Page 16 DER AGREEMENT No- 1.2PB l FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR DELRAY BEACH NOURISHMENT' THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT ") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000, and the CITY OF DELRAY BEACH, a local government, (hereinafter referred to as the "LOCAL SPONSOR'), whose address is 100 North West. 1' Avenue, Delray Beach, Florida 33444, for the project described herein. WHEREAS, the DEPARTMENT, pursuant to • Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program; and, WHEREAS, pursuant to 62B-36.005(1)(d), Florida Administrative Code, the LOCAL SPONSOR has resolved to support, serve as local sponsor, has the ability to perform the tasks associated with, and has demonstrated a financial commitment to the beach erosion control project as described herein. NOW,' THEREFORE, in consideration of the mutual benefits to be derived herefronl, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the DELRAY BEACH NOURISHMENT, (hereafter referred to as the PROJECT), as defined in Attachment A (Grant Work Plan), attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract' ' and "Agreement" are used interchangeably, and the terms "Grantee", `Recipient and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on October 9, 2014. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the Department beginning on or after October 9, 2009, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the DEPARTMENT. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement, this Agreement may be terminated by formal amendment. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment, products or materials necessary to perform these services, or requirements as fiuther stated herein, shall be supplied by the LOCAL SPONSOR. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of fiords appropriated to the DEPARTMENT. e DE,P Agreement No. 12PB 1, Page 1 of 10 6. The LOCAL SPONSOR shall implement the PROTECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consist of the design, permitting, construction, and monitoring of approximately 1.9 miles of shoreline in southern Palm Beach County. Construction will place approximately 1.2 million cubic yards of sand on the beach from R179 to R188 which runs north of Atlantic Avenue to south of Linton Boulevard. Federal authorization remains in effect through September 30, 2023. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re- initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule and shall be incorporated into the Grant Work Plan in the form of an approved amendment to this Agreement. The DEPARTMENT may require at least ten percent (10 %) of the total cost share for a specified task be forfeited for failure to obtain prior approval, through an executed amendment, from the DEPARTMENT for a specified task. A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Task Eligible Project Tasks Estimated Project Coils Federal DEP Local Total 2.0 Design and Permitting 2.1 Engineering Services $403,686 $156,4801 $156,480 $716,646 3.0 Construction 31 Construction of Beach Nourishment $5,477,070 $2,123,057 $2,123,057 1 $9,723,184 TOTAL PROJECT COSTS $5,880,756 $2,279,537 $2,279,537 1 $10,439,830 B. Changes that transfer fimds from one task to another or that increase or decrease the total funding amount will require 'a formal amendment to the Agreement. 9. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost sharing: Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $2,279,537 for this PROJECT or up to 50 percent of the non - federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project tasks that exceed the estimated project costs for that task shall be the responsibility of the LOCAL SPONSOR Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above, shall be provided through formal amendment to this Agreement. DEP Agreement No. 12PB 1, Page 2 of 10 11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B (Funding Eligibility), attached hereto and made a part hereof, for beach use throughout the life of the PROJECT as established under this Agreement. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re- initiated upon execution of subsequent amendments to this Agreement for additional funding. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces which are no longer available to the public. All parking must be clearly signed or otherwise designated as public beach access parking. 13. As consideration for the satisfactory completion of the eligible work, identified in Attachment A and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at hft://www.fldfs.cowlaadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment D (Request for Payment, PARTS I — III), attached hereto and made a part hereof. These forms are to be submitted upon completion of the deliverables. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOWs Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A -final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. The final payment will not be processed until the match requirement has been met. 14. The DEPARTMENT`s Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the request for payment, the DEPARTMENT shall disburse the funds due to the LOCAL SPONSOR less ten (10) percent, which shall be retained on account. The cumulative amount retained for each eligible Task Scope of Work shall be disbursed to the LOCAL SPONSOR upon notification to the DEPARTMENT with an executed notice of completion Attachment E (Project Completion Certification) and after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable DEPARTMENT permits and the applicable Scope of Work for said task. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, the LOCAL SPONSOR must provide the information described in this paragraph within thirty (30) days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT'S Project Manager on a quarterly basis, Attachment D (Project Progress Report, Part III), as updates to the DEP Agreement No. 12PB1, Page 3 of 10 roiect schedule, no later than thirty (30) days following the completion date of the auarterly renortin period in which the project is underway. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. Progress reports may be required to be submitted electronically in an .MPP or tab delimited .TXI' format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Speck information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 16. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E (Project Completion Certification). A final PROJECT certification inspection shall be made by the DEPARMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR. 17. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation ", and any rules promulgated there from, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth.. 19. The LOCAL SPONSOR's Project Manager for all matters is Paul Dorling, Phone: (561) 243 -7040. The DEPARTMENT's Project Manager for all technical matters is Benjamin R. Buda, 111, Phone: (850) 922- 7721 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: (850) 922 -7711. The LOCAL SPONSOR will be notified in writing of any changes to the DEPARTMENT's Project Manager information. All matters shall be directed to the appropriate persons for action or disposition. 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 21. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR-to fulfill any of its obligations.under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination_ B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (3 0) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 22. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Project Managers at the addresses below. DEP Agreement No. 12PB 1, Page 4 of 10 LOCAL SPONSOR DEPARTMENT Paul Dorliug, AICP Dena VanLandingham, Grant Program Director of Planning & Zoning Administrator City of Delray Beach Department of Environmental Protection 100 NW V Street Bureau of Beaches and Coastal Systems Delray Beach, Florida 33444 3900 Commonwealth Blvd., MS 300 (561) 243 -7040 Tallahassee, Florida 32399 -3000 dorlingp@mydelraybeach.com (850) 922 -7711 Dena.vamlandingbam@dep.state.fl.us Any changes to the contact information shown above or in paragraph 19 must be reduced to writing in the form of a Change Order to this Agreement. 23. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. 24. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 25. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment F summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Program Administrator at 850/922 -7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL, SPONSOR shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS- A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: hops: / /apps.fldfs. com/fsaa DEP Agreement No. 12PB 1, Page 5 of 10 The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. C. In addition, the LOCAL SPONSOR agrees to complete and submit the Attachment G (Certification of Applicability to Single Audit Act Reporting), attached hereto and made a part hereof, within four (4) months following the end of the LOCAL SPONSOR's fiscal year. Attachment I should be submitted to the DEPARTMENT's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399 -3000. The Grants Development and Review Manager is available to answer any questions at (850) 245 -2361. 26. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid-under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining* provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 30. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 31. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as specifically provided in this Agreement. 32. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 33. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. DEP Agreement No.12PB 1, Page 6 of 10 _ 34. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487 -0415. 35. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. LOCAL SPONSORS are prohibited from commingling funds on either a program- by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. 'Where a LOCAL SPONSOws, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refimd, either in whole or in part, of the funds provided to the LOCAL SPONSOR under this Agreement for non- compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR- REMAINDER OF PAGE 1NTENTIONALLY LEFT BLANK DEP Agreement No. 12PB1, Page 7 of 10 36. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061,1:+.S. B. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0415. 37. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT "s Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work. 38. The purchase of non- expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 39. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the Project Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the LOCAL SPONSOWs cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a change in Project Manager, modification of deliverable due dates when such change does not involve an extension, and modifying the Project Work Plan when such modifications would not involve a decrease /increase in cost or an extension of the performance period of this Agreement. 40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. DEP Agreement No.12PB1, Page 8 of 10 42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 43. If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 44. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 12PB 1, Page 9 of 10 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. CITY OF DELRAY BEACH By: Title: r . Date: C� FEID No. 59- 6000308 Local Sponsor's Attorney (if necessary) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: _ Secretary or designee Date: Department of Environmental Protection Grant Program Administrator APPROVED as to form and legality: Department of Enviro ental Protection Attorney *If someone other than the Mayor signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County /City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (2 pages) Attachment B Funding Eligibility (I page) Attachment C Contract Payment Requirements (I page) Attachment D Request For Payment, Parts I - 111 (4 pages) Attachment E Project Completion Certification (1 page) Attachment F Special Audit Requirements (5 pages) Attachment G Certification of Applicability to Single Audit Act Reporting (3 Pages) DEP Agreement No. 12PB 1, Page 10 of 10 GRANT WORK PLAN Project Title: DELRAY BEACH NOURISHNVIEENT Project Location: FDEP Monuments R179 to R188, Palm Beach County Proj ect Background: The PROJECT consists of the design, permitting, construction, and monitoring of approximately 1.9 miles of shoreline in southern Palm Beach County. The beach was initially restored in 1973 and had subsequent nourishments in 1978, 1984, 1992, 2002, and 2005. The 2005 nourishment was required to repair erosion resulting from the 2004 hurricane season. Federal authorization remains in effect through S tember 30, 2023_ The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical, specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2004) and Processing Plan and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at http : / /depnet/gis/geodata/index.htm (GIS guides) and http: / /www.dep.state.fl.us/ beaches /publications /pdflstandard.pdf . Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 2.0 DESIGN AND PERMITTING Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications for beach nourishment. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement. 2.1 Engineering Services Deliverable A: Preliminary engineering design services to include a review of geotechnical data; bathymetric survey; preliminary project design; cultural resource survey; preparation and submittal of an Environmental Assessment (EA); Joint Coastal Permit (JCP) consultation; and submittal of a JCP application. Scope of work cost is $428,412. Total non Federal cost $187,088 (DEP cost $93,544) Due Date: September 2012. DEP Agreement No. 12PB 1, Attachment A, Page 1 of 2 Final engineering services to include preparation of a Biological Assessment (BA); conduct endangered species biological investigation; survey for Essential Fish habitat (EFM assessment; responses to Request for Additional Information (RAI); provide draft plans and specifications; coordination with regulatory agencies; and preparation of construction bid. Scope of work cost is $249,484. Total non - Federal cost $108,950 (DEP cost $54,475) Due Date: October 2012. Deliverable C: Pre - Construction Marine Turtle Monitoring 2011 Nesting Final Report. Scope of work cost is $38,750. Total non - Federal cost $16,922 (DEP cost $8,461) Due Date: October 2012. 3.0 CONSTRUCTION Work performed and costs associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Performance Standard: Work products (Deliverables) must meet acceptance standards of the engineer, building code inspector, Joint Coastal Permit, or a combination of these, as required, to assure all project- related construction is completed to desired specifications. Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement. 3.1 Construction of Leach Nourishment The construction will place sand from two offshore borrow areas on the beach between R179 to R188. See JCP Number: 0303553- 001 -JC, and 0303553- 002 -BV, Palm Beach County for details. Deliverable A: Future construction allocation. Scopes of work added under this task must be approved by Bureau staff. No portion of these funds nary be expended until an amendment is executed per contract terms. Total estimated cost is $9,723,184 Total non - Federal cost $4,246,114 (DEP cost $2,123,057) Due Date: December 2013. NOTE: The deliverable clue dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. DEP Agreement No. 12PB 1, Attachment A, Page 2 of 2 FUNDING ELIGIBILITY DELRAY BEACH NOURISHMENT Project Boundary: DEP Range Monument R -179 to R 188A Approximate Shoreline Length: 9,901 FEET Location/Name Address R- Type of Access Total Public Eligible Total Mon access width units or parking shoreline eligible (ft) parking spaces (ft) shoreline spaces ft Municipal N/A R179- Primary 3,870 100+ 100+ 1,680 5,550 Beach Nrking R182 Atlantic Dunes 11605 S Ocean Blvd I R187 I Primary 1 503 1 100+ 100+ 3,8481 4,351 Additional Pubic Access Sandoway Park Anchor Park Public Lodging Marriott Hotel Location 200 block of S. Ocean 340 S. Ocean Location 10 N. Ocean Areas determined to be publicly accessible: R179 to R188A Total eligible shoreline length: 9,901 FEET Total project shoreline length: 9,901 FEET Percent eligible for State funding: 100 PERCENTAGE No. of Parking Spaces 100+ 96 No. of Rooms 268 DEP Agreement No. 12PB1, Attachment B, Page 1 of 1 Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contraets Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reirnbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR) reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an.individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that hinge benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts that include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reunbursed on a usage log that shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: hq: /hvww.fldfs.com/aadir /reference %SFRuide /. DEP Agreement No. 12PB 1, Attachment C, Page 1 of 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT -- PART I PAYMENT SUMMARY Name of Project: DELRAY BEACH NOURISHMENT LOCAL SPONSOR: CITY OF DELRAY BEACH DEP Agreement Number: 12PB 1 Billing Number: Billing Period: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share $ $ *if applicable Cost Summary: State Funds Obligated $ Less Advance Pay $ Less Previous Payment $ Less Previous Retained $ Less This Payment Less This Retainage (10 %) $ State Funds Remaining $ Local Share Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining Total T Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer DEP Agreement I`To. 12PB 1, Attachment D, Page 1 of 3 Date z O U oa H 0 Wr� I� 0 F W r� A -4 U o b W A z O W E cn -4 N P� A Rte•+ N z N A _ o LL W v ^ ° v m a ?� a a m s i -0 0 am ro m- da m CL -0 O Q m N C V p N m G a O• C � C7 p �v M m m 3 c f1 O 7 N N C us 0 7 0 N m V Q m IL m c •� ° C i � mm O N a o a a C m L y 0 ai CND m ll V r 0 g W W m e a c a �°� ''`O EL o w n w LLI m ;E� > O Y, C a m w� N "__ C ° m m a > UJ p U N -- 3 m o A A a m v C p ) p r c U y w p _ 110 o L CL 2 °•w m U • Z M V G ctl O m N m W N o o OC m 2 E = ? Q C E m CO t a � . :3 0 V) cul o O . ° E m O L m W 7 U % C w A m •O1 - m m m •O � a g s�1'y`? m maw - m LLI ;ti 3 a Q 'a v > m g.:.. a Mm, IL ri; v au!> o m oc c v CL 4m c m o D ik f f ' p• •� � O � L m � m 0 O 1.,.:::: 7 '�' fu O m N �nm`da O V V U 0 0 C m C C m N W S 0 ` y Y 6 IL N o R ❑? c c 5 aa° c; c c a°o W CL q� ^� ' N C9 �' N (0 h. OD Ql t' yk : E JEM w- m 7� N E J 0 W L� ca z -j lz z U. F- 'a :Sl I cn -4 N P� A Rte•+ N z N A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _ RF.AC'`F[ MAN,4CT+'.MFN'T �'LINDING ASSISTANCE I'�OGR,A11� REQUEST FOR PAY ANT — PART III PROJECT PROGRESS REPORT Name of Project: DELRA.Y BEACH NOURISHMENT LOCAL SPONSOR: CITY OF DELRAY BEACH DEP Agreement Number: 12PB 1 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 Engineering Services 3.0 CONSTRUCTION 3.1 Construction of Beach Nourishment DEP Agreement No.12PB 1, Attachment D, Page 3 of 3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: DELRAY BEACH NOURISHMENT LOCAL SPONSOR CITY OF DELRAY BEACH DEP Agreement Number: 12PB 1 *I hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced fiends which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 12PB 1 Attachment E, Page 1 of I ATTACHMENT F SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department; "DEP ", "FDEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the eontractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into -this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: ]FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMIT Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this parL 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 -in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http : / /12.46.245.173 /efda/cfda.btmL DEP Agreement No_ 12PB1, Attachment it, Page 1 of 5 PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXIMIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended is its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct dr pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. if the recipient expends less than $ 500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than 5500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https: / /apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http: / /www.leg.state.fl.us /Welcome /index.cfm State of Florida's website at hq: / /www.myflorida.com/. Department of Financial Services' Website at htlp: / /www.fldfs.com/ and the Auditor General's Website at http: / /www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE. This part would be used to specify any additional audit requirements imposed by the Sate awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or ,State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of Sate f nancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART M REPORT SUBIVIISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient dire ctl to each of the following: DEP Agreement No. 12PB 1, Attachment F, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http : //hatvester.eensus.gov /fac/ C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 3. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient dir' ectly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 REMAINDER OF PAGE INTEN- TIONAI.LY LEFT BLANK DEP Agreement No. 12PB 1, Attachment F, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient dire ctiv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V. RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DE Agreement No. 12PB1, Attaclunent F, Page 4 of 5 I W r- N Pq lizi 1 Y u � k � .y � •ti � a�+ Q) O � q +, �t U '!:I y" O � U F • � 3 r. N 4,;; O • Y m a °U •� bA Y 0 U a U c �w 0O O as G1 U U N M b N al O �p N O kl 90 O W Q 0 Y lb O 1U rl c!2 ¢+ U O y Q� �1 L 'a O L w a o � Ci � N d oq � ° o H � AQ o W U 0 U U bA U Q d v ° tj N 9 U O b p � � C VVV z a y C4 Q b eu 'u H � o � o U z M R7 � F4.4 .p U a O N jz.r N ° a 0 Oki r- N Pq lizi 1 Y u � k � .y � •ti � a�+ Q) O � q +, �t U '!:I y" O � U F • � 3 r. N 4,;; O • Y m a °U •� bA Y 0 U a U c �w 0O O as G1 U U N M b N al O �p N O kl 90 O W Q 0 Y Y � rl c!2 ¢+ U RU y Q� �1 L 0 O L Y a o � u V � N d oq � bn .^l w° w V Y L U bA U Q O v ° tj N 9 U O b p � � C U y C4 Q a 0 H � w Q o a� z M w .p 0 U b jz.r N ° a q CZ4 N M o k' H I-� v 74 ca P z C m a U � w c�C �i U i. O Q y N awwz � o r- N Pq lizi 1 Y u � k � .y � •ti � a�+ Q) O � q +, �t U '!:I y" O � U F • � 3 r. N 4,;; O • Y m a °U •� bA Y 0 U a U c �w 0O O as G1 U U N M b N al O �p N O kl 90 O W Q 0 Y rl c!2 ¢+ U �1 0 N � � u V � N O oq V G .^l G� Y U bA U Q v ° tj U O O p � � y C4 Q a 0 ka o L z M jz.r N a q CZ4 N M o k' H v 74 ca P z r- N Pq lizi 1 Y u � k � .y � •ti � a�+ Q) O � q +, �t U '!:I y" O � U F • � 3 r. N 4,;; O • Y m a °U •� bA Y 0 U a U c �w 0O O as G1 U U N M b N al O �p N O kl 90 O W Q ATTACHMENT G CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Local Sponsor's Name: Local Sponsor Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: $ Total Federal Financial Assistance Expended during Local. Sponsor's most recently completed Fiscal Year: DEP Agreement No. 12PB 1, Attachment G, Page 1 of 3 INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Local Sponsor Fiscal Year Period: FROM: Month/Year TO: M_ onth/Year NOTE: THIS SHOULD BE THE LOCAL SPONSOR'S FISCAL YEAR FROM (MONTH/YEAR) TO (MONTH/YEAR). Total State Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. E3 Total Federal Financial Assistance Expended during Local Sponsor's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. The Certification should be signed by your Chief Financial. Officer. Please print the name and include the title and date of the signature. DEP Agreement No. 12PB 1, Attachment G, Page 2 of 3 CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Do I complete and return this form when I return my signed Agreement/Amendment? Answer: No, this form is to be completed and signed by your Chief Financial Officer and returned 4 months after the end of your fiscal year. 2. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax nmnber is 850/245 -2411. 3. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 4. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal grants that you receive. You should list those that are specific to DEP on the form. 5. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form., that is fine. b. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2" d notice. 7. Question: Can I submit my Certification Form or CAFR electronically? Answer: Yes, you can submit them by Email to Debbie.skelton ccdep.state.fl.us DEP Agreement No. 12PB 1, Attachment G, Page 3 of 3 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COTJNPI'Y AND THE CITY OF_DELRAY BEACH THIS AGREEMENT is made and entered into on the day of OCT 4 4 1994 1994, by and between PALM. BEACH COUNTY, a political subdivision of the State of Florida, (the "COUNTY "), and the CITY OF DELRAY BEACH, a municipal corporation in the State of Florida, (the "CITE' "), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling there to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and ''9 WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners is empowered to establish and administer programs of beach erosion control and to enter into agreements with other governmental agencies within or outside the boundaries of the COUNTY for joint performance,- or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered to exercise any governmental, corporate, and-proprietary power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 1973 the CITY completed a beach restoration project for the City of Delray Beach municipal beach through the use of hydraulic dredging. Thereafter, the CITY also performed maintenance nourislunents in 1978, 1984, and 1992 in order to maintain the Delray Beach Share Protection Project. A more complete history of the project is found in attached Exhibit "A and D ill �I I r AUIV 2 tUg E NVIROMMENTAL RESOURCES' WHEREAS, the CITY and COUNTY entered into an Intergovernmental Agreement on February 27, 1973, as amended by Addendum Agreement dated August 16, 1977, and supplemented by agreements dated November 8, 1983 and October 13, 1992, which provide for joint funding of the Delray Beach Shore Protection Project; and WHEREAS, the CM and COUNTY have a long- standing partnership in the preservation, maintenance and enhancement of the Delray Beach Shore Protection Project; and WHEREAS, the Intergovernmental Agreement expired September 30, 1993; and VMEREAS, on September 23, 1992, pursuant to Chapter 125, Florida Statutes, the COUNTY entered into an agreement with the United States of America, Army Corps of Engineers, to become the local cooperating agency for shore protection projects within Delray Beach for a period of fifty (50) years from the date of the initial restoration; and WHEREAS, the CITY and COUNTY intend to make the most efficient use of their powers by cooperating with each other in the maintenance and repair of the Delray Beach Shore Protection Project, which includes the area described in attached Exhibit "B ", within the municipal limits of the City of Delray Beach, Florida; and WHEREAS, the CITY and COUNTY desire to establish their respective roles in the Delray Beach Shore Protection Project to snake the most efficient use of their respective resources. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is to provide a mechanism for the funding and maintenance of the Delray Beach Shore Protection Project (the "PROJECT "), and to set forth the terms, conditions and obligations of each of the respective parties hereto. 2. The Project. a. Desertion. The Project to be undertaken consists of the initial restoration of the City of Delray Beach municipal beach, as legally described in Exhibit "B ", and subsequent repairs and maintenance nourishments thereto. Repairs and maintenance nourishments shall be designed and scheduled to retain the "Project Design Section" as defined herein, and to satisfy the conditions and standards of any and all required permits. -2- to, construction, design, beach performance monitoring, and environmental monitoring. A typical list of the Project components from the completion of one maintenance nourishment through the completion of another maintenance nourishment is provided in attached Exhibit „C„ C. Project Design Section: The Project Design Section is defined as that beach area described in attached Exhibit "D ". 3. Term. The term of this Agreement shall be from October 1, 1993 up to and through September 30, 2023 unless otherwise terminated as provided herein. 4. Fundin . The parties agree that given the extensive scope of the Project, the timely availability of funding is of critical concern. Funding for a portion of the Project is currently available, on a reimbursement basis, by appropriation from the Federal and State governments. These funding sources will be used to the maximum extent possible to defray Project costs. a. CITY Obligation. (1) No later than January 15th of each year, the CITY shall submit to the COUNTY a list of the anticipated tasks to be undertaken in the succeeding fiscal year, including estimated costs. (2) The CITY shall establish and maintain a dedicated funding source for implementation of the Project. This funding source is currently called the Beach Restoration Fund. (3) The CITY shall pay all expenses of the Project from the Beach Restoration Fund in anticipation of reimbursement from the Federal and State governments, and the COUNTY. (4) The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the Project for at least three (3) years after completion of the Project or termination of the Agreement, whichever occurs last. The COUNTY shall have access to all books, records and documents related to the Project as required in this paragraph for the purpose of inspection or audit during normal business hours. (5) The CITY shall submit requests for State and Federal funding assistance. The CITY -shall timely notify the COUNTY of the submittal of such requests and seek the COUNTY's support. -3- (6) The CITY shall cooperate with the COUNTY to assure that the requirements and standards contained in the agreement between the COUNTY and the United States of America, Army Corps of Engineers are complied with and maintained. (7) The CITY shall properly prepare and submit in a timely manner any and all applications for State and Federal permits required for the Project. b. Count! Obligations. (1) The COUNTY shall serve as cooperating agency pursuant to its agreement with the United States of America, Army Corps of Engineers, (see attached Exhibit "B") and assume the responsibility for local cooperation in the Project. (2) The COUNTY shall appropriate funds to cover the local share expenses on an annual basis in order that the funds are available to pay for expenses associated with the Project. The amount of funding by the COUNTY will depend upon the physical condition of the Project, which the parties acknowledffe ` ]l change. Therefore, the COUNTY shall draft a yearly funding memorandum The yearly funding memorandum will include a list of the anticipated tasks, along with estimated costs for each task, and a commitment to include the funding request in the proposed budget. (3) The COUNTY shall submit to the CITY a memorandum of commitment indicating that COUNTY has appropriated the required funds that the CITY requests in the next year's budget. Notwithstanding any other provision herein, the COUNTY's obligation to pay under this Agreement is contingent upon an appropriation for its purpose by its Board of County Commissioners in its annual Fiscal Year budget. (4) The COUNTY shall be responsible for all local share (e.g., non-Federal and non- State) expenses of the Project, including design, construction and monitoring, by way of reimbursement to the CITY. (5) For reimbursement to occur, the CITY shall submit invoices to COUNTY that shall include a reference to this Agreement, identify the Project, and identify the amount due and payable to the CITY. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The CITY shall supply any further documentation deemed necessary by the COUNTY. Invoices received from the CITY shall be reviewed and approved by the Department of Environmental Resources Management, shall indicate that expenditures have been made in conformity with this Agreement, and will be sent to the COUNTY's Finance Department for final approval and payment. Invoices will normally be paid within sixty (60) days following receipt. -4- C. Joint Responsibilities. The CITY and the COUNTY shall endeavor to be joint applicants for State and Federal funding for the Project. The COUNTY will support CITY's funding requests in the same manner as if the request came from the COUNTY, and the CITY will support the COUNTY's funding requests in the same manner as if the request canoe from the CITY. 5. Project Permitting. The parties recognize that prior to the commencement of any construction affecting the Project that both the State and Federal governments will require permits and approvals. Acquisition of Federal and State permits and approvals is part of the design component of the Project. At this time, such permits and approvals include: a. Dredge and fill permit from the Army Corps of Engineers; b. Dredge and fill permit(s) from the Florida Department of Environmental Protection; and, C. Submerged Lands Easement from the Florida Bureau of State Lands. The CITY and COUNTY shall endeavor to be joint applicants for any and all permits required by the State and Federal governments. The COUNTY shall assist the CITY in negotiating the terms and conditions for permits, and shall assist the CITY in efforts to gain timely issuance of the required State and Federal permits. The parties acknowledge that, as a County project, the Project is exempt from applicable COUNTY ordinances. 6. Project Timing. The CITY, in consultation with the COUNTY, shall establish the schedule for implementing the various Project tasks, including design, monitoring and construction. The CITY shall provide the COUNTY with a copy of the Project schedule once the schedule is complete. 7. Design and Monitoring. The CITY shall provide design and monitoring services for the Project, including but not limited to those listed and defined on attached Exhibit "C ". At such time when the COUNTY has sufficient resources to perform all or part of the design and monitoring services in a more cost - efficient and time efficient manner, the CITY shall endeavor to have the COUNTY perform said design and monitoring services. 8. Bidding and Construction. a. The CITY shall secure competitive bids by advertisement for all work to be performed by contractors, except as provided for in previously executed agreements. The CITY will endeavor to combine the bidding and construction of the Project with -5- COUNTY projects for the purpose of securing a more competitive bid from contractors. The CITY shall meet with the COUNTY six months prior to the proposed date of project construction to examine the potential cost savings for joint bidding of multiple projects. b. Tie CITY shall' submit to the COUNTY a detailed estimate of cost, a tabulation of all bids received, and a copy of the contract of the lowest, responsible, responsive bidder as well as any amendments or modifications thereof. 9. Party Representatives. The COUNTY's representative /contract monitor during the term of this Agreement shall be Mr. Richard E. Walesky, whose telephone number is (407) 3554011. The CITY's representative /contract monitor during the term of this Agreement shall be Mr. John Walker, whose telephone number is (407) 243 -7321. 10. ' Notices. All notices required under this Agreement shall be fonvarded, in writing to: Board of County Commissioners City Manager of Palm Beach County City of Delray Beach Governmental Complex 100 N.W. 1st Avenue 301 N. Olive Avenue Delray Beach, FL 33444 West Palm Beach, FL 33401 and Palm Beach County Department of Environmental Resources Management 3111 S. Dixie Hwy., Site 146 West Palm Beach, FL 33405 with a copy to: County Attorney Palm Beach County P.O. Box 1989 West Palm Beach, FL 33401 -1989 with a copy to: City Attorney City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 11. Default and Op .portunity to Cure. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. W 12. Delegation. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. 13. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 14. Liabili1y The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, or negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 15. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted under Florida law, COUNTY shall indemnify, defend and hold harmless CITY against any actions, claims or damages arising out of COUNTY's negligence in connection with this Agreement, and CITY shall indemnify, defend and hold harmless COUNTY against any actions, claims or damages arising out of CITY's negligence in connection with this Agreement. However, nothing in this paragraph shall be interpreted as a waiver of CITY's or COUNTY's sovereign immunity. 16. Insurance. The CITY shall, during the term of this Agreement, and any extensions hereof, maintain in full force and effect general and property insurance, which specifically covers all exposures incident to the intent and responsibilities under this Agreement. Such insurance shall be in an amount to support the CITY's agreement of indemnity. The CITY's insurance shall not be canceled, limited or non - renewed until after thirty (30) days' written notice has been given to the COUNTY. Current certificates of insurance or other document evidencing required coverage must be on file with the COUNTY at all times. CITY expressly understands and agrees that any insurance protection furnished by CITY shall in no way limit its responsibility to indemnify and save harmless COUNTY under the provisions of paragraph 15 of this Agreement. 17. Equal Opportunity. The COUN'T'Y and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under, any activity carried out by the performance of this Agreement. 18. Severbility. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court -of competent ,jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 19. Waiver of Breach. It is hereby agreed to by the parties that no waiver of breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same of any other covenant- 5F 1 20. Termination and Revision. Either party may terminate this Agreement by giving thirty (30) days prior written notice. In the event the COUNTY revises its polict- relating to the funding of shore protection projects, either party may request that this Agreement be modified to reflect said change in policy. 21. Entirety of Agreement. The CITY and COUNTY agree that this Agreement, together with any attached exhibits, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms or obligations in the Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this Agreement to be signed by the Chairperson of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the City of Delray Beach has caused this Agreement to be signed in its corporate name by its mayor and its corporate seal to be affixed hereto, attested by its City Clerk, the date and year first above written. CITY OF DELRAY BEACH, FLORIDA B Y: Thom ynch, Mayor ATTEST: DATE / 7 APPROVED AS TO FORM AT lD -LEGAL SUFFICiTCY Cry Attorney ] PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS: By: CHAIR I cCar R94 13570 ATTEST: Dorothy H. Wilk-en, Clerk 0 4 1994 4; , rJ Deputy Clerk DATE OCT U4 1994 . © -' F�- p; C O U I4 T l; By: t.-- EXHIBIT "A" PROJECT HISTORY Construction Histo Delray Beach is historically in a state of erosion. Several times in recent history, from the late 1940's into the 1960's, storm damage has impacted shoreline structures and AR A1A. By the mid - 1960'x, erosion had taken virtually all the beach and dune system. The remnants offered little storm protection and a marginal recreation beach. Various structural methods were attempted to stabilize the shoreline. A rock rubble revetment was placed by the Florida Department of Transportation . in 1965 to protect SR AIA from Atlantic Ave north. In 1966, The City installed a sloping revetment of interlocking concrete blocks from a point 1000 feet north of Atlantic Ave. to a point 4800 feet north of Atlantic Ave. A number of private citizens installed seawalls. All structural solutions were ineffective. In 1973, the City constructed an initial beach restoration, placing 1.6 million cubic yards of sand in a 2.7 mile project area by hydraulic dredging from an offshore borrow area. This project area included nearly the entire City limits. t The total cost of initial restoration was $3 million, including land acquisition, engineering, construction and vegetation. The City issued bonds in the amount of $2 million to finance the project and estab?ished.a special account for beach project expenditures. Federal and State sources reimbursed a portion of the cost as follows: Federal $ 935,000 State $ 976,000 County �- city $1,104,000 Maintenance nourishment projects are required to retain the design beach section and -to place advance fill predicted to erode in the interval between projects. 'Yearly erosion loss in the project area is approximately 100,000 cubic yards. The scope of each maintenance nourishment is designed to optimize recreation and storm protection benefits and the economic efficiency of construction. The following maintenance nourishments have been constructed: 1978 700,000 cubic yards 1.7 mile protect area Total. cost $1.6 million Federal share $660,000 State share $440,000 County share $400,000 City share $ 92,000 1984 1,300,000 cubic yards 2.7 mile project area Total cost $4,246,000 Federal share $1,868,000 State share $1,409,000 County share $ 969,000 City share financing cost: $178,000 1992 1,052,000 cubic yards 1.7 mile project area - -- Total Cost Cost $5,082,551 Federal share $2,696,393 _,State share $1,451,606 r -_F' "County share $ 773,599 F City share financing cost: $160,953 Countv Agreement Histo on February 27, 1973, The City entered into an agreement with Palm Beach County, whereby: * The City would construct, fund and maintain the beach restoration project. * The City would furnish all project cost and thereafter apply for Federal and State reimbursement. * The County would continue to serve as the Local Cooperating Agency as required in the Local Cooperation Agreement with the Army Corps of Engineers. * The County would participate financially in the funding of the anticipated maintenance and nourishment cost of the project up to a maximum $80,000 per year for the ten year life of the agreement. * The County would establish a trust fund for the project. An Addendum dated August 16, 1977, diarified the 1973 agreement by expressing the financial commitment of the County to be an average $80,000 per year. on an aggregate, not to exceed $800,00 over the ten year life of the agreement. In addition, the County's share of the total project cost would be the remainder after reimbursement of Federal and State cost shares. The funding agreement between the City and County and amended on November 8, 1983. The extension years, until September 30, 1992. The agreement maximum financial commitment of the County annually, not to exceed $2,000,000 over the ten y the agreement. was extended was for ten modified the to $200,000 ear period of The City and County entered into a new one year agreement October 13, 1992 which Expires September 30, 1993. This agreemen . * Recognizes the expanded capability of the County in the field of coastal management. * Acknowledges the County's continued role as local sponsor for the project in the new Local Cooperation Agreement with the Army Corps of Engineers. * Recognizes an expanded partnership relationship between the City and County which will result in closer coordination of the City and County coastal projects. * Continues the County's commitment to reimburse the local share of project costs to the City. Dune System in addition to beach restorations the City has recreated a functional dune system along the municipal beach. In 1974, after the initial beach restoration, the City began a program of dune reconstruction and maintenance. Using dune vegetation and sand fencing, several feet of wind -blown sand were trapped to L form the beginnings of a dune. Pedestrian accesses were established at this time at beach grade. Fencing defined the accesses and protected vegetation. In 1980, additional vegetation was installed to angle pedestrian accesses to the southeast. in addition, sand fencing was added seaward of the dune to create a foredune. In 1962, sea oats were planted in the foredune. The current (1993) dune is approximately eight feet higher than the beach berm, with a 100 foot wide base including the foredune. This results in a low, wide dune system consisting of two distinct dunes, the original, primary dune and the foredune vegetated entirely in pioneer species. T: \advanced \agree3.DOC EXHIBIT "B" DELRAY BEACH LIMITS OF BEACH RESTORATION A parcel of submerged or emerged land in Sections 9, 10, 15, 16, 21, and 28, Township 46 South, Range 43 East, Delray beach, Palm Beach County, Florida, bounded on the West by the Erosion Control Line to wit: Commencing at the East quarter corner of said Section 9, Township 46 South, Range 43 East, said point having for its coordinates X= 808474.350 Y= 779887.637 in the Florida State Plane Coordinate System, East Zone; thence run N89 °14'25 "E 54.98 feet along an easterly extension of the north line of the Southeast one-quarter of said Section 9 to a point; thence run S 8 °16'05 11W 293.67 feet to a point; thence run N88 °55`37 "E 329.96 feet to the Point of Beginning said point having for its coordinates X= 808816.995 Y= 779603.928 in said Florida State Plane Coordinate System East Zone; thence run S 9 °26128 11W 865.65 feet to a point; thence run S 7 °24125 "W 1512.62 feet to a point; thence run S 8 °11'39 "W 1262.89 feet to a point; thence run S7 °58'11 "W 1514.63 feet to a point; thence run S 4 °17121 11W 1002.81 feet to a point; thence run S 7 °41118 "W 1009.07 feet to a point;, thence run S 6 °50'34 11W 1007.17 feet to a point; thence run S 5 °42'38 "W 1004.99 feet to a point; thence run S 2 °17126 11W 1000.80 feet to a point; thence run S 9 °38153 "W 1014.35 feet to a point; thence run S 6 °50134 "W 1510.76 feet to a point; thence ,run S 5 °08134 "W 1506.06 feet to a point; thence run S 6 °09151 "W 1802.49 feet to a point of termination of herein described line said point having for its coordinates X= 806941.455 Y= 763707.932 in said Florida State Plane Coordinate System, East Zone; thence on a tie line run West 512.10 feet to a point; thence run S 89 °30152 "W 741.59 feet to a point; thence run S 89 °27158 "W 1312.59 feet to a point on the south line of the Northwest one- quarter (NW 1/4) of said Section 28; thence run S 89 °32118 "W 965.62 feet along said line to the West quarter corner of said Section 28, bounded on the East by a line lying 600 feet easterly from and parallel to said Erosion Control Line and bounded on the North and South by lines having a bearing of East, running through the Point of Beginning and the Point of Termination respectively. T: \Advanced \beach r EXHIBIT "C" TYPICAL PROJECT COMPONENTS * Annual beach performance monitoring * Post construction environmental monitoring Update geotechnical data * Preliminary engineering * Final engineering * Pre - construction environmental monitoring *- Bidding and negotiations * Construction phase engineering * Pre- and Post construction surveys * Construction environmental monitoring Beach nourishment construction T: \advanced \AGREE4.DOC 30 0 20 c�a DESIGN PROFILE z � 1a- —10 uj —20 — 0 200 400 600 800 1000 RANGE (FEED NOTE DESIGN WIDTH VARIES AS A RESULT OF PREVIOUS SHORELINE HARDENING. BETWEEN THE NORTH CITY UMTT AND R 182 THE WIDTH EXTENSION IS _100 FEET FROM THE ECL AT +9 FT. BETWEEN R 183 TO THE SOUTH CITY LIMIT THE DESIGN WIDTH IS 100 FT. EXTENSION FROM THE ECL AT THE MEAN HIGH WATER LINE. EXHIBIT D TYPICAL DESIGN CROSS -- SECTION t Dorling, Pau! From: Leanne Welch <LWelch @pbcgov.org> Sent: Friday, July 27, 2012 10:42 AM To: Bistyga, Jennifer; Dorling, Paul Subject: FW: WRDA Jennifer and Paul, Just granted to send you the language that Dan has transmitted to the Senators office (again). Since Sen. Nelson can't help get us any money, we are trying (again) to get language placed in WRDA which would make reimbursable ACOE projects a higher priority, and make retroactive reimbursement a possibility. We have also sent this language to Rep. West. Paul, what is the timeline for the Delray project? Have a great weekend! .Leanne Welch Palm Beach County Environmental Resources Management 561 - 233.2434 Lwelch @pbcgov.or From: Daniel Bates Sent: Thursday, July 26, 2012 4:30 PM To: Cindy Defilippo Subject: RE: WRDA Cindy, We have provided these a few times along with some background and Todd should have them memorized by now, but appreciate any opportunity to get these back up to the top of the stack - Thanks The Secretary of the Army is authorized and directed to maintain reimbursement of local sponsors as the highest priority in the Corp's Annual Work Plan. The Secretary, or his designee, is authorized and directed to include in future Project Partnership Agreements for the Palm Beach County Shore Protection Project, retroactive reimbursement of local interests for work which is integral to the Authorized Federal projects The Secretary of the Army is authorized and directed to develop Project Partnership Agreements that encompass work anticipated through the end of the Project's Authorized Lifetime. The Secretary of the Army, or his designee, is authorized and directed to include operation and maintenance costs associated with Fixed Sand Transfer Plants in the Corps annual inlet maintenance budget. Daniel Bags Dcputy Dirsaor e mis irl a Palm Beach County Department of Envkcnmentai Resa r%es Afar oernent S6t- M-1445 PbC9*V- Or&1Qrm From: Cindy Defilippo Sent: Thursday, July 26, 2012 4 :09 PM To: Daniel Bates Subject: WRDA What is the language that you are attempting to change? The Commissioner wants me to provide this information to Michelle McGovern in Sen. Nelson's office. Thanks. Cindy L. DeFilippo Administrative Assistant to Commissioner Karen T. Marcus office: 355 -2201 fox: 355 -6094 direct: 355 -6464 Under Florida law, e -mail addresses are public records. if you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 3, 2012 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 PROPOSED FY 2013 BUDGET REVIEW SCHEDULE Page 1 of 1 ITEM BEFORE COMMISSION The item before Commission is consideration of the proposed schedule for Commission review of the FY 2013 Budget. BACKGROUND As discussed at the August 3 Special Commission Meeting, we can schedule an additional budget workshop meeting (or meetings) to review the FY 2013 budget. We will have a discussion on the FY 2013 Budget on the August 14 workshop agenda. The Commission could schedule an additional budget workshop meeting on August 28 and you may wish to consider other dates. Public Hearings for the FY 2013 Budget Adoption will take place at the September 4 and September 20 Regular Commission Meetings. RECOMMENDATION Commission direction regarding the schedule for additional FY 2013 Budget Work Sessions. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5865 &MeetingID =384 8/3/2012 Coversheet U U_W �: \1 TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: August 1, 2012 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF AUGUST 7, 2412 OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION This is a proposal for settlement from the plaintiff, Patricia Miley, for $762,500.00. BACKGROUND Page 1 of 1 This case originated from an automobile accident on March 11, 2009 where the plaintiff's vehicle and Officer Brown's vehicle collided in an intersection after passing through a yellow flashing signal and a red flashing signal respectively. Ms. Miley sustained injuries of a broken pelvis, several fractured ribs, a broken ankle and a laceration on her forehead. To date, the total medical bills are $364,945.00. RECOMMENDATION The City Adjuster and the City Attorney's Office recommend denial of this proposal for settlement. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5848 &MeetinglD =384 8/3/2012 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 1, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 APPOINTMENT TO THE WORKFORCE ALLIANCE INC. BOARD OF DIRECTORS ITEM BEFORE COMMISSION This item is before Commission to appoint an individual to serve as representation from the private sector on the Workforce Alliance Inc. Board of Directors. BACKGROUND Mr. Thomas Lynch resigned from the Workforce Alliance, Inc. Board of Directors on July 20, 2012 as the City of Delray Beach's Private Sector appointment. In accordance with "Article 9. Duties and Responsibilities of the Palm Beach Workforce Development Consortium" and " Attachment 1" of the Interlocal Agreement, an individual from the private sector must be appointed to the Workforce Alliance Inc. Board of Directors. We contacted the Chamber of Commerce for suggestions on who might be willing to serve in this capacity. Mr. Mike Malone, President of the Greater Delray Beach Chamber of Commerce would like to be apointed to this position. They did not find any other applicants. RECOMMENDATION Appoint an individual to serve as representation from the private sector to the Workforce Alliance Inc. Board of Directors. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD= 5847 &MeetinglD = 384 8/3/2012 �,.,...,... ..:_...:..... ..... .......... .._ From: Sharon Brea [ mailto:sbrea(a)pbcalliance.coml Sent: Monday, July 30, 2012 1:23 PM To: Range], Delores Subject: Request For Appointment To The Workforce Alliance, Inc. Board of Directors From: Sharon Brea Sent: Monday, July 23, 2012 12:03 PM To: 'wmcduffie @mydelraybeach.com' Cc: Suzanne Rodrigues; Mary Mullen Butler; Steve Craig Subject: Request For Appointment To The Workforce Alliance, Inc. Board of Directors ATTN: Honorable Mayor Nelson S. "Woodie" McDuffie City of Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Mayor McDuff le: Please note Mr. Thomas Lynch has resigned from the Workforce Alliance, Inc. Board of Directors as the city of Delray Beach's Private Sector appointment. Please find attached a copy of Mr. Lynch's letter of resignation for your records. In accordance with "Article 9. Duties and Responsibilities of the Palm Beach Workforce Development Consortium" and "Attachment 1" of the Interlocal Agreement, we are respectfully requesting the city of Delray Beach's appointment of an individual to the Workforce Alliance Inc. Board of Directors as Mr. Lynch's replacement as a private sector appointment. The next Workforce Alliance, Inc. Board of Directors meeting is August 16, 2012. It would be greatly appreciated if the city of Delray Beach's appointment to the Board of Directors was in place for our August 16th Board meeting. Should you have any questions or require further information to complete the appointment please do not hesitate to call me. Thanking you in advance for your assistance in this matter. Sincerely, Sharon Brea, Contracts Manager Workforce Alliance, Inc. 315 South Dixie Highway, Suite 102 West Palm Beach, FL. 33401 Phone (561) 340 -1061 Ext. 2219 Fax: (561) 340 -1062 Please Note and read carefully: Florida has a very broad public records law. Most written communications to or from Workforce Alliance are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure. This footnote also confines that this email message has been swept by MIMEsweeper for the presence of computer viruses. www.pbcalliance.com Harden, David From: Rangel, Delores Sent: Tuesday, July 31, 2092 9:31 AM To: Harden, David Subject: FW: Patty from Delray Beach Chamber of Commerce called Attachments: 2012 Board Schedule.docx; Workforce Accountability Act Forms.pdf Looks like Mx. Malone may be interested in serving on this board. The Workforce Alliance called this morning to make sure that we were aware of his interest. Prom: Sharon Brea rma ilto:sbreaC&pbcalliance.coml Sent: Tuesday, July 31, 2012 9:20 AM To: Range], Delores Cc: Suzanne Rodrigues; Mary Mullen Butler; Steve Craig Subject: Patty from Delray Beach Chamber of Commerce called Dear Patty: The Workforce Alliance, Inc. Board of Directors meets bi- monthly and our next meeting is August le at noon. All of the meetings (unless otherwise noted) will take place at our administrative office located at 315 South Dixie Highway, Suite 102 in West _ Palm Beach, 33401. Light refreshments are served (sandwich, chips, soft drinktwater). Please find enclosed a copy of the schedule for the remaining Workforce Alliance 2012 Committee and Board of Directors meetings. Please note Section 445.007(1), Florida Statutes, was recently amended and requires each Workforce Board member file a 2011 Financial Disclosure Form in accordance with Section 112.3145, Florida Statutes. As a result each Workforce Alliance Board member is required to complete the attached 2011 Financial Disclosure Form and submit the form to Workforce Alliance. Workforce Alliance will file the form with the required state entity. The original completed form should be returned to my attention at Workforce Alliance, 315 South Dixie Highway, Suite 102, West Palm Beach, Florida 33401 or I can pick up the completed original form and will file it with the state. Please note if the Board member has already filed a 2011 Financial Disclosure Form it does not need to be refiled again for Workforce Alliance. However, we ask that you please let us know the form has already been filed so we may adjust our records accordingly. Should you have any questions regarding the Board appointment or the Financial Disclosure Form please do not hesitate to call me at (561) 340 -1061 Ext. 2219. Please note I also left you a voicemail this morning regarding the above. Thank you in advance for your cooperation and assistance. Sincerely, �corGOZ ✓�,ea, Workforce Alliance, Inc. 315 South Dixie Highway, Suite 102 West Palm Beach, FL. 33401 Phone (561) 340 -1061 Ext. 2219 Fax: (561) 340 -1062 .,From: Suzan.,,....,.. ne Rodrigues l- mailto :srodrigues @pbcalliance.com Sent: Monday, July 30, 2012 4:16 PM To: Sharon Brea Cc: Steve Craig Subject: Patty from Delray Beach Chamber of Commerce called - BELOW She was calling on behalf of Mike Malone who may have an interest in sitting on our Board in place of Tom Lynch. I believe he is associated with the Chamber there in Delray. Please call Patty at 561- 278 -0424, ext. 13. She wants to know what is involved with becoming a member. Sharon Brea Subject: FW: Workforce Alliance Resignation From: Tom Lynch [maiito:tiynchaplastridge.com] Sent: Friday, July 20, 2012 10:31 AM To: Steve Craig Cc: Connor Lynch; Julia Blanchard; Elayna Monts Subject: FW: Workforce Alliance Resignation Dear Steve: Please use this e-mail as verification that I am officially resigning from the Workforce Alliance Board effective immediately. I have enjoyed my participation over the years. I greatly appreciate staff's hard work and the assistance provided to the community. I believe you are a valuable asset to the county and I wish you continued success in the future. Thomas E. Lynch, President Plastridge Insurance Agency, Inc. 820 NE 6th Avenue Delray Beach, FL 33483 Phone: 561- 276 -5221 X1231 Toll-free: 800 -290 -1143 Fax: 561- 276 -5244 *YOU CANNOT START, STOP, OR CHANGE COVERAGE VIA E -MAIL# Internet Email Confidentiality: Privileged /Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message entirely and kindly notify the sender by reply email. Please advise immediately if you or your employer do not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of my firm shall be understood as neither given nor endorsed by it. Please Note and read carefuliy, Florida has a very broad public records law. Most written communications to or from Workforce Alliance are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. www pbcalliance.corn k*R#! k* kk** kRkkkwR* kk* k* R} Rkwwwkk* Rwwwk *k *•w* * * #R #wk# #k * #k ** * * * *RkR! ** Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF AUGUST 7._2012 APPOINTMENTS TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Planning & Zoning Board. BACKGROUND Page 1 of 1 The terms for regular members Mr. Clifford Durden, Mr. Mark Krall, Mr. Craig Spodak and Mr. Cary Glickstein will expire on August 31, 2012. Mr. Durden, Mr. Krall and Mr. Spodak will have served one (1) full term, are eligible and would like to be considered for reappointment. Mr. Glickstein will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for four (4) regular members. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached. Note that Exhibit "A" is two pages.) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5) for four (4) regular members to serve two (2) year terms ending August 31, 2014. RECOMMENDATION Recommend appointment of four (4) regular members to serve two (2) year terms ending August 31, 2014. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5837 &MeetingID =384 8/3/2012 PLANNING AND ZONING BOARD 05/12 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2012 Clifford Durden Educator Appt 08 /17/10 08/31/2012 Mark Krall, 2" d Vice Chair Attorney Appt 08/17/10 08/31/2012 Craig Spodak Dentistry Appt09 /07/10 08/31/2013 Gerald Franciosa Accounting/Retired- Appt 08/16/11 Law Enforcement 08/31/2012 Cary Glickstein, Chair Land Use Attorney Unesp Appt 05 /15/07 Reappt08 /05/08 Reappt08 /17/10 08/31/2013 Jan Hansen V.P. of Regulatory Uncsp Appt 05/01/12 Affairs 08/31/2013 Connor Lynch, Vice Chair Insurance Appt 08/18/09 Reappt08 /16/11 Contact: Denise Valek, x -7041 S /City Clerk/Board 12/Planning & Zoning PLANNING & ZONING .11 V Jose Aguila Architect (also applying for the Site Plan Review & Appearance Board) Shane Ames Architect/Interior Design David Beale Attorney (also applying for the Site Plan Review & Appearance Board) Jason Bregman Planning & Design/Consultant (also applying for the Site Plan Review & Appearance Board) Ronald Brito General Contractor/President (also applying for the Site Plan Review & Appearance Board; currently serving on the Historic Preservation Board) Aird Cajuste Mental Health Case Manager (also applying for the Site Plan Review & Appearance Board; currently serving on the Police Advisory Board) Michael D'Addio Real Estate Broker Margherita Downey Attorney Clifford Durden Educator Incumbent Jose Farkas Banking Frank Frione Engineering Consultant/CFO (also applying for the Site Plan Review & Appearance Board) Ronald Gilinsky Sales & Marketing (currently serving on the Code Enforcement Board) Sheri Hack Legal/Real Estate (also applying for the Education Board and the Nuisance Abatement Board) James Khalil Consulting/Engineering- President Mark Krall Attorney Incumbent Ralph Morse Retired/Photographer EXHIBIT A Michael Park Manufacturing/Constructing /Self Employed (currently serving on the Board of Adjustment) Kenneth Peltzie Health Administration/Self- employed Derline Pierre -Louis Plan & Budget Reviewer/President Ria Santos Financial Consultant (also applying for the Site Plan Review & Appearance Board) Jerome Sanzone Building Official (also applying for the Site Plan Review & Appearance Board) Thuy Shutt Assistant Director Craig Spodak Dentistry Incumbent Harold Van Arnem Commercial & Residential Developer - Principal Alan Weitz Banking Andrew Youngross Engineering Consultant/Principal (also applying for the Site Plan Review & Appearance Board) Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF AUGUST 7.2012 APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD Page 1 of 1 ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Site Plan Review & Appearance Board. BACKGROUND The terms for regular members, Mr. Shane Ames, Ms. Shannon Dawson and Mr. Rustem Kupi, will expire on August 31, 2012. Mr. Ames will have served two (2) full terms and is not eligible for reappointment. Ms. Dawson will have served an unexpired term, is eligible and would like to be considered for reappointment. Mr. Kupi will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointments are needed for three (3) regular members. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. 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. Borrero. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat 91) and Commissioner Jacquet (Seat #2) for three (3) regular members to serve two (2) year terms ending August 31, 2014. RECOMMENDATION Recommend appointments of three (3) regular members to serve two (2) year terms ending August 31, 2014. http:// itwebapp/ AgendaIntranetBluesheet .aspx ?ItemID= 5836 &MeetingID =384 8/3/2012 SITE PLAN REVIEW AND APPEARANCE BOARD 06/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2012 Shane Ames, Chair Designer /Architect Unexp Appt 10/03/06 Reappt08 /19/08 Reappt 08 /17/10 08/31/2012 Shannon Dawson Business Owner - Unexp Appr 08/16/11 Property Management /Realt or 08/31/2013 Alice Finst Unexp Appt 01 /03/12 Citizen-at-Large 08/31/2012 Rustem Kupi, 2nd Vice Chair Architect Appt 08/17/10 08/31/2013 Scott Porten, Vice Chair General Contractor Appt 08/19/09 Reappt08 /16/11 08/31/2014 Mark Gregory Sign specialist Unexp Appt 06/05/12 + 2 yrs 08/31/2014 James Knight Real Estate Unexp Appt 05 /15/12+ 2 y Broker /General Contractor Contact: Rebecca Truxell, X -7040 S /City Clerk/Board 12 /SPRAB Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 9.L. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police Advisory Board. BACKGROUND Page 1 of 1 The term for regular member, Ms. Ellen Major - Hanna, will expire on July 31, 2012. Ms. Major -Hanna will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. M embership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Menard. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending July 31, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending July 31, 2014 http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 5834 &MeetingID =384 8/3/2012 POLICE ADVISORY BOARD 10/12 TERM EXPIRES NAME & ADDRESS 07/31/13 DeAnna Longo Appt 06/21 /11 07/31/14 Wyana Claxton Unexp Appt 08/16/11 Reappt07 /17/12 07/31/12 Ellen Major -Hanna Appt 07/20/10 07/31/14 Robert Shell, Vice Chair Unexp Appt 08/02/11 Reappt07 /17/12 07/31/13 Matthew Monahan Unexp Appt 04/20/10 Reappt06 /21/11 07/31/13 Annette Anneclvld Unexp Appt 11/01/11 07/31 /14 Shelly Weil Appt 07/17/12 925 Greensward Lane Delray Beach, FL 33445 07/31/14 Aird Cajuste Appt 07/17/12 07/31/14 Edith Thompson Appt 07/20/10 Reappt07 /17/12 07/31/13 Catherine DeMatto Appt 06/21/11 07/31/13 Kevin Warner Unexp Appt 01 /05/10 Appt 08/02/11 07/31/13 Elisha Porter Appt 06/21/11 (Student) 07/31/14 (Student) Vacant Contact: Venice Cobb 243 -7056 S /City Clerk /Board 12 /Police Advisory Board Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 9.M. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Art Advisory Board Page 1 of 1 BACKGROUND The term for regular member Mr. Richard McGloin will expire on July 31, 2012. Mr. McGloin will have served two (2) full terms and is not eligible for reappointment. Appointment is needed for one (1) regular member. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77 -04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in /on City rights -of -way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve a two (2) year term ending July 31, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending July 31, 2014. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5833 &MeetingID =384 8/3/2012 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF AUGUST 7, 2012 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Education Board. BACKGROUND Page 1 of 1 The term for regular member, Ms. Derline Pierre - Louis, will expire on July 31, 2012. Ms. Pierre -Louis will have served two (2) full terms and is not eligible for reappointment. Appointment is needed for one (1) regular member. 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 appointment will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve a two (2) year term ending July 31, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending July 31, 2014. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemlD= 5838 &MeetingID =384 8/3/2012 07/12 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2013 LeAnne DeRigne Educator Appt 07/05/11 07/31/2014 Jose Herrera, Chair Special Events Coordinator Unexp Appt 04 /21/11 Appt 07/17/12 07/31/2012 Derline Pierre - Louis, Vice Chair Appt 07/15/08 President /Plan & Budget Reappt07 /20/10 Reviewer 07/31/2014 Shannon Schwartz Appt 07/17/12 Educator 07/31/2014 Debra Kaiser Appt07 /20/10 Senior Director Reappt07 /17/12 07/31/2014 Angela Burns Unexp Appt 11/15/11 2578 Lake Ida Road Reappt07 /17/12 Educator 7/31/2013 Julia Kadel Uncap Appt 12/06/11 Director of Admissions 07/31/2013 Mary Leavenworth Unexp Appt 01 /17/12 Education /Sales & Consultant 07/31/2013 Toni McMillan Educator Unexp Appt 07/17/12 07/31/2013 Lee Cohen Appt 08/02/11 Attorney 07/31/2013 Myra Leavy Bazemore Unexp Appt 12/07/10 Educator Reappt06 /21/11 STUDENT MEMBERS one term limit 7/31/2013 Madison Aracri Appt 0621 /11 Student 2 YEAR TERM 7/31/2013 Vacant 1 YEAR TERM Student EDUCATION BOARD EXHIBIT A Mary - Elizabeth Cohn Education/Sales Consultant Cathy DeMatto Development Consultant (currently serving on the Police Advisory Board) Philip Friedman Assistant Director/Retired Sheri Hack Realtor (also applying for the Nuisance Abatement Board and the Planning & Zoning Board) Margarita Kaufman Educator Ferline Mesidort Community Development Specialist John Miller Merchandising Category Merchant John Pasqual Surgeon Michelle Quigley News Researcher Bonnie Raycroft Massage Therapist/Director/Program Coordinator Adam Reback Government Operations Consultant (currently serving on the Neighborhood Advisory Council) Jeff Ritter Assistant Professor /Consultant Kevin Warner Educator (currently serving on the Police Advisory Board) Patricia Westall Project Coordinator Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 9.0. -REGULAR COMMISSION MEETING OF AUGUST 7 2012 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commisison for an appointment to the Financial Review Board. Page 1 of 2 BACKGROUND There is a vacancy for one (1) alternate member due to the resignation of Ms. Patricia Maguire. The term is unexpired ending July 31, 2013. Appointment is needed for one (1) alternate 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: Selma Snow Retired/Fiscal Officer A check for code violations and/or municipal liens was conducted. None were found. Voter registration http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemID = 5829 &MeetingID =384 8/3/2012 Coversheet verification was completed and she is registered. Page 2 of 2 Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) alternate member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) alternate member to serve an unexpired term ending July 31, 2013. http;// itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 5829 &MeetingID =384 8/3/2012 FINANCIAL REVIEW BOARD 07/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/14 Brian Anderson Director of Unexp Appt 03/20/12 rcappt 07/05/12 Communications 07/31/14 RosaTorres- Turnazos Business Strategy Unexp Appt 06/05/12 + 2 Consultant Yrs 07/31/13 John Hallahan, Vice Chairperson Assistant Director of Unexp Appt 04/05/11 O 1� eratlons /Retired Reappt06 /21/11 P.E. MBA 07/31/14 Brian Wood Unexp Appt 01 /17/12 Director /Senior Reappt07 /17/12 Manager-Finance 07/31/13 Christina Morrison, Chairperson Realtor AFpt11 /03/09 Reappt6 /21/11 07/31/13 Jeremy Office Unexp Appt 07/17/12 Financial Manager 07/31/14 Luise Piane Executive Appt 07/20/10 Rcappt07 /17/12 Management g ALTERNATES 07/31/13 Warren Trilling Business Unexp Appt 01/03/12 Development Manager CPA 07/31/13 Unexp Appt Vacant Contact: Barbara Flynn X -7115 S /City Clerk /Board 12 /Financial Rcvicw Board Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 9.P. - REGULAR COMMISSION MEETING OF AUGUST 7 2012 APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Page 1 of 2 ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Affordable Housing Advisory Committee. BACKGROUND On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12 -08 establishing the Affordable Housing Advisory Committee as required by state law for the purpose of recommending incentives for affordable housing to the City Commission. On January 17, 2012, Resolution No. 05 -12 was adopted to allow the appointment of citizens engaged in the activity without regard to affordable housing 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. The terms for regular members, Mr. Clifford Durden, Ms. Susan Sims, Ms. Alberta McCarthy, Mr. Colson Zulmar and Ms. Evelyn Dobson, will expire on July 31, 2012. They have all served unexpired terms, are eligible and would like to be considered for reappointment. Please note that there are be three (3) vacancies and there is only one other applicant at this time. Appointments are needed for six (6) regular members. The Affordable Housing Advisory Committee shall consist of eleven (11) members that meet the following criteria: (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 http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5830 &MeetingID =384 8/3/2012 Coversheet in connection with affordable housing. Page 2 of 2 (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 Section 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. 0) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. 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 registratioi verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint Category July 31, 2014 (two year term) Commissioner Carney (Seat #1) F July 31, 2014 (two year term) Commissioner Jacquet (Seat #2) G July 31, 2014 (two year term) Commissioner Frankel (Seat #3) H July 31, 2014 (two year term) Commissioner Gray (Seat #4) I July 31, 2014 (two year term) Mayor McDuffie (Seat #5) J July 31, 2014 (two year term) Commissioner Carney (Seat #1) K RECOMMENDATION Recommend appointment of six (6) regular members to serve two (2) year terms ending July 31, 2014. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5830 &MeetingID =384 8/3/2012 03/12 AFFORDABLE HOUSING ADVISORY COMMITTEE TERM REGULAR MEMBERS OCCUPATION POSITION EXPIRES FILLING 07/31/2013 Residential home building Vacant 07/31/2013 Carmelita Smith Program Manager Uneap Appt 03/20/12 Advocate for low - income persons 07/31/2013 Regina Hands UncV. Appt 03/20/12 Senior Credit Banking or Mortgage Analyst Banking 07/31/2012 Clifford Durden Educator Unexp Appt 03/20/12 Serves on local planning agency 07/31/2012 Une-p Appt 03 /20/12 Susan Sims Registry Coach Represents essential services personnel 07/31/2013 Mike Williams Unexp Appt 03/20/12 Associate Exec Areas of labor Director /Family actively engaged in Services home building 07/31/2012 Alberta McCarthy Real Estate Llneip Appt 03/20/12 Real Estate Professional 07/31/2012 Colson Zuhnar Produce Manager Unexp Appt 03/20/12 Citizen who resides within the jurisdiction 07/31/2014 Represents employers within the Vacant jurisdiction 07/31/2012 Evelyn Dobson Engaged as a not-for- Unexp Appt 03/20/12 Operations profit provider of Manager affordable housing 07/31/2013 For -profit provider Vacant of affordable housing Contact: Nigel Roberts 243 -7282 S /City Clerk /Board 12 /Affordable Housing Advisory Commiacc AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT A One citizen who is actively engaged in the residential home building industry in connection with affordable housing: A) • Vacant One citizen who is actively engaged as a for - profit provider of affordable housing: E) • Vacant One citizen who is actively engaged as a not - for - profit provider of affordable Housing: F) • Evelyn Dobson (Incumbent) One citizen who is actively engaged as a real estate professional in connection with affordable housing: G) • Alberta McCarthy (Incumbent) One citizen who actively serves on the local planning agency pursuant to Section 163.3174: H) • Clifford Durden (also serving on the Planning & Zoning Board) (Incumbent) One citizen who resides within the jurisdiction of the local governing body making the appointments: 1) • Colson Zulmar (also serving on the Neighborhood Advisory Council) (Incumbent) One citizen who represents employers within the jurisdiction: J) • Dorothy Ellington One citizen who represents essential services personnel, as defined in the local housing assistance plan: K) • Susan Sims (currently serving on the Neighborhood Advisory Council) (Incumbent) Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2012 SUBJECT: AGENDA ITEM 9.0. - REGULAR COMMISSION MEETING OF AUGUST 7.2012 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD Page 1 of 2 ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Nuisance Abatement Board. BACKGROUND The terms for regular members, Ms. Wendy Smith and Ms. Linda Laurence -Leib, will expire on July 31, 2012. Ms. Smith and Ms. Leib will have served one (1) full term, are eligible and would like to be considered for reappointment. Additionally, there are vacancies for one (1) regular member and two (2) alternate members. Appointments are needed for three (3) regular members and two (2) alternate members. The Nuisance Abatement Board was established by Ordinance No. 59 -96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: Carol Anderson Sheri Hack (also applying for the Education Board and the Planning & Zoning Board) Linda Leib Incumbent Adam Reback (also applying for the Education Board; currently serving on the Neighborhood Advisory Council) Wendy Smith Incumbent http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemID = 5840 &MeetingID =384 8/3/2012 Coversheet Arline Sherman Page 2 of 2 A check for code violations and/or municipal liens was conducted. None were found. Voter registratioi verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and Mayo McDuffie (Seat 45) for two (2) regular members to serve two (2) year terms ending July 31 2014. Commissioner Carney (Seat #1) will appoint one (1) regular member to serve an unexpired term endinl July 31, 2013. Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) will appoint two (2 alternate members to serve unexpired terms ending July 31, 2013. RECOMMENDATION Recommend appointment of two (2) regular members to serve two (2) year terms ending July 31, 2014, one (1) regular member to serve an unexpired term ending July 31, 2013 and two (2) alternate members to serve unexpired terms ending July 31, 2013. http:// itwebapp /AgendaIntranetBluesheet .aspx ?ItemID = 5840 &MeetinglD =384 8/3/2012 NUISANCE ABATEMENT 08/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/2012 Wendy Smith Health Policy Uneap Appt 08/18/09 alt Consultant Appt 02/16/10 reg 07/31/2013 Greta Britt N/A Appt 07/05/11 07/31/2013 Nayda Cottone - Ovadia Unexp Appt 09/07/10 Rcappt08 /02/1] Nursing 07/31/2012 Linda Laurence -Leib Office Manager Appt Alt 04/07/09 Appt Reg 06/18/09 unc-.p Reappt 08 /17/10 07/31/2013 UneV. Appt Vacant ALTERNATES 07/31/2013 Vacant Appt 07/05/11 07/31/2013 Vacant Uncxp Appt BOARD COUNSEL Steve D. Rubin, Esq POLICE LEGAL ADVISOR TCathy Kozol Contact: Venice Cobb S /City Clcrk /13oard 12 /Nuisance Abatement Pledge to Restore The City of Delray Beach Reserve A/C I hereby pledge to replenish the City Reserve A/C for all funds taken from it to balance the 2013 Budget by requesting that all mid -year budget surpluses, and 50% of all future new construction property tax revenues be credited to the reserve until the reserve A/C has been fully restored. 21 "1, Signature Date Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: August 1, 2012 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 CDBG CONSOLIDATED ANNUAL ACTION PLAN (FY2012 -20131 ITEM BEFORE COMMISSION Page 1 of 2 This item is before the City Commission for Public Hearing and approval of the Annual Action Plan FY2012- 2013 required by the United States Housing & Urban Development Department (HUD) for utilization of grant funds. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local planning documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local plan submission and requires that each municipality submit an Annual Action Plan each fiscal year. Citizen participation is integral to the development of the Annual Action Plan. Grantees are required to provide at least two public hearings per year to obtain the public's views and to respond to proposals and questions. The first meeting was held in conjunction with the Neighborhood Advisory Council (NAC)meeting, May 21, 2012. Both public hearings were advertised in the April 25th 2012 issue of the Palm Beach Post. The second public hearing was advertised in the June 18, 2012 Palm Beach Post. Any comments received from the public which are not accepted must be summarized and included in the final plan as an attachment. The city did not receive any reportable comments. The NAC unanimously supported and approved the annual plan and proposed budget as presented. The attached Annual Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the needs delineated in the Five Year Consolidated Plan. The City's CDBG entitlement for FY 2012 -2013 will be $413,140 and has been categorized by the following objectives: CDBG PROGRAM ADMINISTRATION General management, oversight, and coordination of the CDBG program & Neighborhood Ssrvices Division $82,628 HOUSING Owner- Occupied Housing Rehabilitation $268,541 http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5843 &MeetingID =3 84 8/3/2012 Coversheet PUBLIC SERVICE Page 2 of 2 $ 61,971 Funds in support of various eligible public service activities consistent with needs i dentified in the City's Five - Year Consolidated Plan and are subject to a cap of 15% of the annual allocation. TOTAL CDBG FY2012 -2013 BUDGET FUNDING SOURCE Community Development Block Grant $413,140 RECOMMENDATION Approval of the FY2012 -2013 Annual Action Plan required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. http:// itwebapp/ AgendaIntranetBluesheet .aspx ?ItemID= 5843 &MeetingID =384 8/3/2012 ��tttN'TpF CPMP State Grantee Certifications Q� "Nov Devi- Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ❑ This certification does not apply. ® This certification is applicable. See signature on the last page. STATE CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The State will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the state, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti - displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; S. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. CPMP State Grantee Certifications 1 Version 2.0 City of Delray Beach Anti - Lobbying -- To the best of the state's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of State -- The submission of the consolidated plan is authorized under State law and the State possesses the legal authority to carry out the programs under the consolidated plan for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature /Authorized Official David T. Harden Name City Manager Title 100 NW 1st Avenue Address Delray Beach FL 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 2 Version 2.0 City of Delray Beach ❑ This certification does not apply. ® This certification is applicable. See signature on the last page. Specific CDBG Certifications The State certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR §91.115 and each unit of general local government that receives assistance from the State is or will be following a detailed citizen participation plan that satisfies the requirements of 24 CFR §570.486. Consultation with Local Governments -- It has or will comply with the following: 1. It has consulted with affected units of local government in the nonentitlement area of the State in determining the method of distribution of funding; 2. It engages in or will engage in planning for community development activities; 3. It provides or will provide technical assistance to units of local government in connection with community development programs; and 4. It will not refuse to distribute funds to any unit of general local government on the basis of the particular eligible activity selected by the unit of general local government to meet its community development needs, except that a State is not prevented from establishing priorities in distributing funding on the basis of the activities selected. Local Needs Identification -- It will require each unit of general local government to be funded to identify its community development and housing needs, including the needs of low- income and moderate - income families, and the activities to be undertaken to meet these needs. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short -term and long -term community development objectives that have been developed in accordance with the primary objectives of Title I of the Housing and Community Development Act of 1974, as amended. (See 24 CFR 570.2 and 24 CFR part 570) Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2_, 2_, 2_, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments - The state will require units of general local government that receive CDBG funds to certify to the following: It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital CPMP State Grantee Certifications 3 Version 2.0 City of Delray Beach costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate - income (not low - income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It will require units of general local government that receive CDBG funds to certify that they have adopted and are enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601 - 3619), and implementing regulations. Compliance with Laws -- It will comply with applicable laws. Signature /Authorized Official David T. Harden Name City Manager Title 100 NW 1st Avenue Address Delray Beach FL 33444 City/State/Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 4 Version 2.0 City of Delray Beach ® This certification does not apply. ❑ This certification is applicable. See signature on the last page. Specific HOME Certifications The State certifies that: Tenant Based Rental Assistance -- If it intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the State's consolidated plan. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through §92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214. Appropriate Financial Assistance -- Before committing any funds to a project, the State or its recipients will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature /Authorized Official David T. Harden Name City Manager Title 100 NW lst Avenue Address Delray Beach FL 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 5 Version 2.0 City of Delray Beach ® This certification does not apply. ❑ This certification is applicable. See signature on the last page. HOPWA Certifications The State HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under the program shall be operated for the purpose specified in the plan; 1. For at least 10 years in the case of any building or structure purchased, leased, rehabilitated, renovated, or converted with HOPWA assistance, 2. For at least 3 years in the case of assistance involving non - substantial rehabilitation or repair of a building or structure. Signature /Authorized Official David T. Harden Name City Manager Title 100 NW 1St Avenue Add ress Delray Beach FL 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 6 Version 2.0 City of Delray Beach ® This certification does not apply. ❑ This certification is applicable. See signature on the last page. ESG Certifications The Emergency Shelter Grantee certifies that: 1. The requirements of 24 CFR 576.21(a)(4) which provide that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services meet the following standards: (A) that the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) that the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) that there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) that the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 2. The requirements of 24 CFR 576.25(b)(2) concerning the submission by nonprofit organizations applying for funding of a certification of approval of the proposed project(s) from the unit of local government in which the proposed project is located. 3. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grant funds are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services, concerning the population to be served. 4. The building standards requirement of 24 CFR 576.55. 5. The requirements of 24 CFR 576.56, concerning assistance to the homeless. 6. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable Federal law concerning nondiscrimination and equal opportunity. 7. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 8. The requirements of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 9. (9) The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the Emergency Shelter Grants Program and that the address or location of any family violence shelter project assisted with ESG funds will not be made public, except with written authorization of the person or persons responsible for the operation of the shelter. 10. The requirement of that recipients involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 576.56(b)(2). 11. The new requirement of the McKinney Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that State and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of State and local resources. I certify that the State will comply with the requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act CPMP State Grantee Certifications 7 Version 2.0 City of Delray Beach [7NGl i 11 I certify that the State will comply with the provisions of, and regulations and procedures applicable under 24 CFR 576.57(e) with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58 as applicable to activities of nonprofit organizations funded directly by the State. The State also agrees to assume the Department's responsibility and authority as set forth in 24 CFR 576.57(e) for acting on the environmental certifications and requests for the release of funds submitted to the State by local government recipients. I certify that the State will ensure the provision of the matching funds required by 24 CFR 576.51 and 42 USC 11375, including a description of the sources and amounts of such supplemental funds, as provided by the State, units of general local government or nonprofit organizations. I further certify that the submission of a complete and approved Consolidated Plan with its relevant certifications, which is treated as the application for an Emergency Shelter Grant, is authorized under State law, and that the State possesses legal authority to fund the carrying out of grant activities by units of general local government and nonprofit organizations in accordance with applicable laws and regulations of the Department of Housing and Urban Development. Signature /Authorized Official David T. Harden Name city manager Title 100 NW 1St Avenue Address Delray Beach FL 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 8 Version 2.0 City of Delray Beach ❑ This certification does not apply. ® This certification is applicable. See signature on the last page. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and /or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). S. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 21. Place Name Street City County State Zip 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, CPMP State Grantee Certifications 9 Version 2.0 City of Delray Beach including: i. All "direct charge" employees; ii, all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and iii. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti - displacement and Relocation Plan Signature /Authorized Official David T. Harden Name City Manager Title 100 NW 1st Avenue Address Delray Beach, Fl 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 10 Version 2.0 Community Development Block Grant (CDBG) Annual Action Plan 2012 -2013 Nelson S. McDuffie, Mayor Thomas Carney, Vice- Mayor Angeleta Gray, Commissioner Al Jacquet, Commissioner David T. Harden, City Manager City of Delray Beach Neighborhood Services Division 100 NW 15t Avenue Delray Beach, Florida 33444 (561) 243 -7280 Lula Butler, Community Improvement Director R. Nigel Roberts, Neighborhood Services Administrator Ferline Mesidort, Community Development Specialist Dennis Thompson, Housing Rehabilitation Specialist Steven Lee, Housing Rehabilitation Inspector Angela Bowen, Staff Assistant II o N Whir Pro ram Year p F g� Action Plan The. CPMP AnnualAction Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDSG, HOME, HOPWA, and E,SG grantees must respond to each. year in order to be compliant with the Consolidated Planning. Regulations, The Executive Summary.narratives . are optional. For ,. �� h 4• T $yaft Complete.the fillable:fields (blue cells) in the tablebelow. The other items are pre -filled with values from the Grantee Information Worksheet: Date Submitted 68/15/12 Applicant Identifier a ofSubmission - Date Received by state State. Identifier Application, Pre-appficatidn Date Received by HUD Federal Identifier ❑ Construction ❑ construction t Non. Construction ❑ Non Construction Ipplibant Information Nty of D61ray Beach FL120732 DELRAY BEACH eet Address - io.o N. ist Avenue Organizational Duns o7-7283737 treet Address Line 2. Organizational Unit City Delray Beach orida e° artment.- Community Improvement bborbflociSer�ies— r Io er Identification 14umber (EIN): County.- Palm Beach 59-6-o003o8 Program Year Start: Date 7 10 1 zM2 pplleant Type; Specify Other. Type if necessary: LocatGovernment: City r6 arm Vunding U.S. Department o Housing and Urb m,Develo men Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties; localities etc.);, Estimated Funding Community Development Block Grant _ 14.Z0 Entitlement Grant CDBG Project Titles Housing RehaU.; Econ. Dev. ;Public ervice ;_ Demolition; Admirdstration Description of Areas Affected by CDBG ioject(s) CDBG Target Area $CDBG Grant Amount' i o $Additional HUD Grant(s) Leveraged escr be $Additional Federal Funds - Leveraged 400 0'00 NSP $Additional State Funds Leveraged $ $Locally Leveraged Funds:. $200,000 CRA/NSP $Grantee Funds Leveraged $149,430 UDAG Repayment, Delray Beacb General Fund $Anticipated Program Income Other (Describe) Total Funds Leveraged for.CDBGbased Project(s) $ Home Investment Partnerships Program 144239 HOME OME.Project Titles Description of Areas Affected byHOME Prolect(s). HOME'Grant Amount $Additional HUD Grant(s) tto ed TOscribe Third Program Year Action Plan 1 Version 2.0 City, of Delray Beach $Additional Federal Funds Leveraged $Additional -State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOME =based Pioject(s) Housing Opportunities for People with AIDS 14:241 HOPWA HOPWA Project Titles IDescription of Areas Affected by HOPWA ro'ect(s) $HOPWA.GrantAmount tyerag6d dditional HUD Grant(s) espribe. Additional Federal Funds Leveraged. $Additional State.Funds Leveraged Locally:Leveraged.Funds $Grantee Funds,Leveraged $Anticipated Program Income - Other (Describe) otal Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG G Project Titles' Description of Areas Affected. by ESG Project(s) ,$$G.ri?Can #_ou D Grants) Leveraged [Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal.Funds Leveraged for ESG -based Project(g) Congressional Districts of: i 22, & 23 Is application subject to review by state Executive Order 12372 Process? Applicant Districts I Project Districts 19 Is the applicant delinquent on any federal debt? If "Yes" please include an additional document explaining the situation. ❑ Yes This application was made available to the state EO 12372 rocess for review on DATE ❑ No Pro rani is not covered b EO 12 2 ❑ Yes E- No N/A ' Program has not been selected by the state . for review Person to be contacted regarding this application Nigel Roberts Neighborhood Services Administrator 61- 243 -7282 61- 248 -7221 robertspn@mydelraybeacb.com . www.nivdelraybeach.corn ula Butler, Dir. of Community Improvement Signature of Authorized Representative avid T. Harden City Manager Date Signed Third Program Year Action Plan 2 Version 2.0 City of Delray Beach Narrative Responses Executive Summary The Executive Summary is optional, but encouraged. If you choose to complete it, please provide a brief overview that includes major initiatives and highlights that are proposed during the next. year: Program Year 2 Action Plan Executive Summary:' The: U.S. Department of Housing and Urban Development (HUD) requires that. all Cominunity Development Block Grant (CDBG) Program recipients develop an Annual Action Plan component of the five -year Consolidated Plan each year. The Plan serves as the application of funding for the CDBG program and describes the activities that will be undertaken during the next -fiscal year: Activities are Selected for funding in accordance with the priorities "established in the 2010-2-015 Consolidated Plan and in: accordance. with the primary objectives of the CDBG program which are to i)ereate suitable living environments 2 }provide decent housing and 3)create• economic opportunities. 2012 =2013 CDBG funds have been categorized into the following activities: Activity Proposed sed Funding Administration (subject to 20% Cap — 'includes' Fair Housing. Activities) $.827.628 Housing Rehabilitation; Single -Unit Residential $ 268;864: Public Facilities & Improvements $ o Public Service (subject to 1596 Cap) $ 61,97i Total: $ 413,140 General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and /or racial /minority concentration) .in which assistance will be directed during the next year. 2. Describe the basis for allocating investments. geographically within the jurisdiction (or within the EMSA for AOPWA) (91.215(x)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Program Year 2Action. Plan General Questions response:: Third Program Year Action Plan 3 Version 2.0 City of Defray Beach Geographical Distribution & Rationale for Assigiuns Priorities One hundred percent of activities funded in the 2012 -2013 Annual Action Plan focus on the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area. extend from Lake Ida Road (north) to Linton Blvd'. (south). and from Interstate 95 (west) to U.S, i (east). This area includes the downtown business district and twenty -eight residential neighborhoods. The majority of the City's minority and low- to moderate - income. population is concentrated within the 728 acres that make up this residential core. The area contains approximately 2,224 dwelling units, including single - family, duplex, and multi - family units. A variety of affordable housing units have come on line within the designated target area over the past 10 years including two, owner- occupied single family subdivisions, 1y5 new infill single family units, six CODA units: two owned by Delray Beach Community Redevelopment Agency (CRA) and four by Community Land Trust (CLT), one Eagle's nest home through the partnership of the City, CRA and Atlantic High School's Construction Academy, 2U workforce town homes and 23. affordable rental units. Meeting Underserved Needs In 2012 -13, the City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed. to meet the diverse: needs of its citizens. On an on -going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies to provide a wide array of services to residents in need. The Neighborhood Resource: Center which opened in August 2oo6, continues, to uphold its mission by enriching the quality of life of City residents. and promoting a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. During program year 2012 -13 the NRC office space will continue to —--serve .as hone -.to:- „agencies such _ as, _ the = Delray- Beach= CF+immuait &=L4nd=T-mst--Uiaited Wa Prosperity Campaign, CROS Ministries /Caring Kitchen, Legal Aid of Palm Beach County.as well as 1 City funded Neighborhood Services staff position. The City is seeking to expand the NRC in 2012 -18 to provide. additional services within the CDBG target area. The City will continue to utilize its unique network of homeowners associations to foster communication between the City and the neighborhoods at the resident level. In doing so the. Community Improvement Department can gain important feedback and citizen: input from the residents themselves and overcome obstacles as they present themselves. Resources Available to Address Identified Needs During the 2012 -13 program year, the City of Delray Beach will continue to implement its 2010- 2015 Five -Year Consolidated Plan. CDBG program funds will be enhanced through leveraging other Federal dollars, State and Local resources as well as private funds. The City expects to receive the following funding: Funding Source: Amount:. CDBG Entitlement Funds $413,140 Neighborhood Stabilization Program (NSP) $400,000 (approx.) Delray Beach Community Redevelopment Agency NSP $200,000 (approx.) Revenue from Urban Development Action Grant (UDAG) repayment - in support of local Neighborhood Programs $149,480. Children's Services Council (CSC) $ TBD Section 8 Funds (Delray Beach. Housing Authority - serves 1,200+ families under this ro am) $10,590,919 Total: 1 $111,753,489 Third Program Year Action Plan 4 Version 2.0 City of Delray Beach Because this is the. third year of a 5.- year.Plan, a majority of the narrative responses required for the Action Plan mirror the. narrative responses for the 5 -'Year Strategic Plan. Accordingly,. under each of the narrative headings, we will refer back to answers contained in the Strategic Plan or,. as appropriate., provide a specific response regarding the City's intentions for fiscal year 2012.. Activities and programs funded focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the: residential core of the City. The boundaries of the CDBG. target area extend from Lake Ida Road (north) to Linton Boulevard (south),, and from Interstate. 95 (west) to U. S. 1 (east). This area includes the downtown business district and twenty-eight residential neighborhoods. The majority of the City's minority and low - income population is concentrated within. the 728 acres that make up the residential core. The area contains approximately 2,224 dwelling units, including single family, duplex, and multi- family units. Two affordable housing projects, Allamanda Gardens, consisting of thirty-six single family.. unit and Swinton Gardens, an i1 unit single - family development and two workforce developments, Swinton: Square consisting of 20 mixed.- residential family units and Auburn Trace consisting of 254 mixed residential units are located in the target area,. The activities that will be implemented with fiscal _year 2012 -13 funds have been developed to address the priority needs,, strategies and objectives: identified in the 2010 -2oi5 .Consolidated Plan. The general priorities as stated in, the five-year plan are to: 1, To improve existing ,neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure.improvements; 2... To:.elimnate conditions detrimental to the health,. safety, and welfare of citizens . within the City; and 3, To encourage private investment, and economic growth in eligible neighborhoods: In 2012 -13, the City of Delray. Beach will continue, to provide funding for an array, of community development projects and programs designed to meet the various and diverse needs of its citizens. On an on- going:bass the City is involved with numerous initiatives and has-successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our residents. The City will continue using its unique network of Homeowners /Neighborhood Associations to foster communication throughout. the City at the neighborhood, and resident level. Through thin system, each obstacle, is addressed as it presents itself to the City and the Community Improvement Department. Managing the.Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination• between public and private housing, health; and social service agencies. Program Year 2 Action Plan Managing the Process response: Third Program Year Action Plan 5 Version 2.0 City of Delray Beach The City of Delray Beach is an Entitlement City that receives funding from HUD through the Community Development Block Grant program. The City's Community Improvement Department) Neighborhood Services. Division is responsible. for overseeing the development of the Consolidated Plan and for implementing the CDBG program. The City provides technical assistance to individuals, businesses, and sub- recipient agencies. participating in the QDBG program and works with them in developing, coordinating and implementing programs to serve the needs of the community. In addition the City continues its effort to streamline services and avoid duplication, maximizing overall resources and results. Neighborhood Services staff, developed the Year 3 Action, Plan through analysis of demographic data, consultation with community groups and concerned citizens, meeting with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, Achievement Centers for Children and Families, CROS Ministries/ Caring Kitchen, Homeless Coalition for Palm Beach County; Fair. Housing Center of the Greater Palm. Beaches, Urban League of Palm Beach County, United Way of Palm Beach County; Families. First, Delray Beach. Community Land Trust, Delray Beach Community Development Corporation, Neighborhood Advisory Council, City of Delray. Beach planning and Zoning Department, The Palm Beach County Department of Housing and Community Development and The Affordable Housing Advisory Committee. All 31 neighborhood association presidents from the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. Information was extracted from the following sources: US Department of HUD, 2000 census, Palm Beach County Housing and Community Development Division, City of Delray Beach Local -Housing-Assistane —e Plan –and=th nsus Sur eft amel s Eopulati�n ;n Palm Rea+El� County,. Florida.. The City has formal partnerships in place with many of the partners listed above. Joint planning activities occur on an on- going basis to develop collaborative projects and initiatives consistent with the community's objectives. The City provides direct funding for many of the programs and services provided by partner agencies and are directly involved in the monitoring and oversight of those programs and activities. The City has worked very closely with the Delray Beach: Housing Authority, Delray Beach Community Redevelopment Agency, Delray Beach Community land Trust and the Delray Beach Community Development Corporation to plan and put into action several affordable housing projects and initiatives. The City meets regularly with key members from these agencies-, and has formed joint planning committees and task forces to develop specific plans to address the area's most pressing housing needs. Among the. current initiatives being collaboratively planned and /or implemented are a redevelopment plan for the City's former public housing complex,. the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE Relations initiative. Citizen Participation i. Provide.a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. Third Program Year Action Plan 6 Version 2.0 City of Delray Beach 4, Provide a written explanation of comments not accepted and the reasons why these, comments were not accepted. *'Pleage note that Citizen Comments and Responses maybe included as additional files:withi'n the CPMP Tool. Program Year 2 Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility-for the: preparation of the Consolidated Plan to the Community Improvement Department /Neighborhood Services Division. The Division is responsible: for administering the City's community development and neighborhood seryices programs; develops and manages several agreements with outside agencies to provide housing, and social services' to residents throughout the City. For the past several years the City has been engaged in vital planning initiatives with citizens, non - profit organizations, and other community stakeholders to improve housing, social services, economic development, and livability conditions throughout Delray Beach. Particular emphasis has been placed on. involving residents within the. CDBG target area in the planning process of the Annual Action Plan. The City has worked.very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots: planning bodies have been established to create opportunities for ongoing stakeholder involvement including:, The West Atlantic Redevelopment. Coalition (WARC) - a planning body consisting of representatives from. all of the neighborhood associations and community organizations; located on west Atlantic: Avenue; the Affordable Housing Advisory Committee (AHAQ — a governing body that recommends specific. actions or initiatives to encourage or facilitate affordable housing while protecting. the ability of the property to appreciate in value;. as well as the. City Commission annointed it member Neighborhood Advisory Council (NAC). A Needs Assessment Meeting was' held at the. May 21;. 2612 NAC board meeting; This allowed for public review of the plan and the opportunity-to provide input.. As required by HUD, a. public hearing is to be held on August 7; 2012 to obtain citizen input for the Action. Plan.. In addition to advertising, the public hearing with 1,5 days prior notice, neighborhood associations, public agencies and other interested parties: were notified by memo of the date; time, and location of the public. hearing. The City also adverstised that the plan was available for a 3o day public: comment period from 6/18/12 - 7/19/12 at City of Delray Beach Community Improvement Neighborhood Services Division., Delray Public Library and the Delray Beach Neighborhood Resource. Center. The draft plan was also available online at www.mydelraybeach.com during the 3.0: day comment period. Institutional. Structure i. Describe actions that will take plaee:.during the next year to develop insiitutional structure: Program Year 2 Action Plan Institutional .Structure response; The Year 3 Action Plan is to be carried out through a network of public, private, and non -profit organizations, many of which participated in the public participation process. The City's Community _Improvement 'Department has been working with these agencies to construct. affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Measurable strengths of the, delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community / g e number of foundations and mmuni Land. Trust Purchase Assistance Program, as well as th non -profit agencies in. the community actively participating in a variety of activities benefiting the cominumity. lie City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's section -8 program: The DBHA is a public housing. authority separately- Third Program Year Action Plan 7 Version 2.0 City of Delray Beach chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven - member Commissioners for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive. planning of the public housing authority. The DBHA submits a Public Housing: Agency Plan which details the housing: authority's plans for the next five years and their priorities (incorporated in this plan by reference). Over the years the City Commission has supported the DBHA by providing funds for infrastructure, improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process, One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than io years. This provides program continuity and stability. The largest gap for the DHBA is the need for additional affordable housing due to the loss of 198 units when the Housing Authority's only public:_ housing facility was severely damaged by Hurricane Wilma on October 24, zoos. On October 27, 20,05; the City of Delray Beach declared the units uninhabitable due to extreme structural damage caused by the hurricane. Consequently, the units remained vacant with issues of safety, community health and unsightly blight upon the neighborhood. In order to address this pressing issue, The City applied on behalf of the DBHA for funds from the Department of Community Affairs; Disaster Recovery Initiative 2005. In doing so, the City secured. $9oo,000 in funding to demolish the obsolete public housing complex known as Carver Estates. completed utilizing Po05 State CDBG DRI funding. Plans are underway to build a diversity, of housing choices for a mix of incomes, with a strong base of affordable housing, units on a combined 5o acre site. Through the Section 8 Housing Choice Voucher Program, DBHA continues to provide housing subsidies to 1129 families including 40 families from other Housing Authority jurisdictions who utilized the portability aspect of the Voucher Program. Additionally; support services are provided to 45 families through our Family Self-Sufficiency program, a case - management effort designed to reduce participants reliance upon public assistance, including housing subsidy. Through the FSS program, more than 30 families have attained homeownership while most of the current participants remain in some stage. of preparation for homeownership, including credit repair and /or workforce development, After four unsuccessful attempts to attract HOPE VI dollars for revitalizing this former public housing site,, the DBHA is focused on Tax Credits and Bond financing to complete the Village Square redevelopment of the, 15 acre site plus 3 acres adjacent and south of the property. After a competitive procurement process, Roundstone Development was. selected to lead the redevelopment effort.. The private Developer and the Delray Housing Group (DBHA's non - profit instrumentality, AKA DHG) entered into a partnership agreement that will allow for shared earnings of the Developer Fee and future cash flow, The Developer Fee will be split with the Developer earning 85% and the DBHA /DHG earning 15%. Cash Flow shall be split between Developer (7o %) and DHG (3o %) until stabilization of the developments at which time DHG will earn i00% of Cash Flow. Earnings are expected to begin at closing of the financing on the first of three phases in September 2012. DBHA entered into land-lease agreements with the developer partnerships (Roundstone and DHG) known as Village Square Elderly, LLC, Village. Square Family, LLC and a yet to be named. third single family For -Sale developer entity. Phase 1 will include 84 EIderly rental units funded by 4% Tax Credits,. bonds, federal and local Community Redevelopment Agency grants and loans and will utilize.Project -Based Section 8 as. further subsidy upon occupancy; Phase 2 will include Third Program Year Action Plan 8 Version 2,0 City of Delray Beach 144: family rental units funded by 9% Tax Credit financing and private developer equity; and bt h ac, is, osingle developed at and �e period not yet determined. This final phase will include y attached two-family units. Consistent with the agency's approved Replacement H:ousing.Plan, DBHA is utilizing its first of two 5 -year allocations of Replacement Housing Factor funds to acquire and rehabilitate units scattered throughout its jurisdiction.. Five units, including two donated by the Community Redevelopment Agency have been acquired and rehabilitated to house., extremely low-income. families as part of 'the Authority's Public ° Housing: program. DBHA. purchased 5 units at $10 /unit from. the City of Delray Beach, that will be. used to house families at or below 599,6 of the median. income. Four of the units are currently occupied and staff is processing a rental application for the 5th unit: As part of-the destruction of the former Public, Housing site,. D9AA lost its permanenfoffice space as well. Plans have been developed and approved by governmental permitting entities to construction a 14,000 square foot mixed used building to house DBHA operations, FSS, and 3 Public. Housing Units. Due to the economic downturn,. the project has been placed on hold until such time it can be financed, Fees and lease payments earned through the redevelopment of the former public housing; site, now Imow as Village Square,: will be used to construct the $1.9 million LEED certified project. Monitoring I! Describe actions that will take place during the next year to nionitor its housing and evel inen - ro _ _ . .. _ — W ty-d op 'tp Jeets�rd- ensure= lnitg-ter�meorr�liaar�wrth requirements: and comprehensive planning requirements. Program Year 2 Action Plan Monitoring response: See Strategic Plan narrative. During the 2o12 -13 . program year,. the City of Delray Beach will continue to conduct random on- site monitoring visits to selected housing rehabilitation projects from the past i2 7-18 months. Additionally, the Division conducts on site visits to each public service subrecipient every other year to ensure compliance with all federal regulations and City policies. Monitoring visits have been conducted in, 2o12 to all CDBG sub - recipients from the period of 2oxx -2oi2 fiscal year.. In addition,. all documentation pertaining to subrecipient activities and, monitoring is retained, at the Neighborhood Services Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable results. Lead - based Faint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead -based paint hazards in order to increase the inventory of lead -safe housing.available to extremely low- income, low-income, and moderate- .income. families. Program Year 2 Action Plan Lead -based Paint response; Third Program Year Action Plan 9 Version 2.0 City of Delray Beach HUD lead based paint regulations area applicable to rehabilitation activities that are funded under the CDBG program. During FY 2012 -2013, the City will continue to implement its housing related activities in a manner which assesses lead -based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead -Based Paint" pamphlet that describes hazards of lead -based Paint. When lead is detected in items to be disturbed by rehab or on mouthable surfaces; the Work-write up incorporates measures for contaminated areas. This involves qualified contractors; rising safe lead practices. After rehab is completed. in such units, a clearance test is performed to ensure the home is lead -free. f Specific Housing Objectives "Please also refer to the Housing Needs Table in the Needsxls workbook. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal; State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2.Action Plan Specific Objectives response: See Strategic; Plan narrative. - foeus -over #he, ill continuela-be�#he= • e�year . ' = . eve opment -=an marntenanee-- .� _... of affordable housing within the jurisdiction. The City plans to accomplish approximately 10 substantial housing rehabilitation projects, at least 6 of which will be committed to homeowners at or below 5096 of the area median income. A combination of CDBG and CRA funds will be used to fiord the City's housing objectives. The City also plans to purchase, rehabilitate and resell 6 additional bank -owned foreclosure homes using Neighborhood Stabilization Program funds. This will increase the affordable housing stock within the City and stabilize neighborhoods potentially in decline due to foreclosure. Federal, state and local resources will be utilized to provide, direct assistance to eligible households, as well as to leverage private investment in the area. The City expects, to receive funds for housing objectives from the following sources; Resources for Housing Objectives: Funding Source: Amount: CDBG Entitlement Funds $268,854 State Housing Initiatives Partnerslii (SHIP) $TBD Residential Construction Mitigation Program (RCMP) $TBD Neighborhood Stabilization Program (NSP) $400,000 (approx.) Delray Beach Community Redevelopment Agency $200,000. (approx.) Total: $868,854 Third Program Year Action Plan 10 Version 2,0 City of Delray Beach All of the City's housing programs are available to eligible very low -, low-, and moderate - income families and households. Needs of Public Housing i. Describe the manner in which the plan of the jurisdiction will.help address the deeds of public housing and activities it will undertake during the next year. to. encourage public housing: residents to become More involved in management and participate in homeownership: 2. If the. public housing agency is designated as "troubled" by HUD or otherwise is performing, poorly, the jurisdiction shall describe the manner in which it will provide financial. or other assistance in improving its operations to remove such designation during the next year. Program Year 2 Action Plan Public Housing Strategy, response:: See Strategic. Plan narrative.:. Carver Estates was. demolished in June 2o08 and the units removed from PIC in September 20o.8. The redevelopment of Carver Estates had been Halted due to a, default dispute between the Developer and DBHA which began in October. 2oo8 however the DBHA has been reviewing . several.. development planned from developers for the,redevelopment of Carver Estates_. Through the Section 8: Housing Choice Voucher Program, DBHA continues to provide housing subsidies to x129 families including 40 families from. other Housing Authority jurisdictions who utilized the portability aspect of the Voucher Program. Additionally,. support services are provided to 45'. families through our Family Self - Sufficiency program, a case -Ix anagement effort designed to reduce participants reliance upon public. assistance, including housing subsidy. amore than go#amil sitip w-Afflu LUfrsof= current participants remain in some stage of preparation for homeownership; including credit repair and /or workforce development. After four unsuccessful attempts. to attract HOPE. VI dollars for revitalizing: this former public housing site,, the DBHA is focused on Tax Credits and Bond financing to complete the Village Square redevelopment of the 15 acre site plus 3 acres adjacent and south of the. property: After a competitive procurement process, Roundstone Development was selected to lead the redevelopment effort. The private Developer and the Delray Housing Group (DBIWs non -profit instrumentality, AKA. DHG). entered into a partnership agreement that. will allow for shared earnings of the Developer Fee and future cash flow. The Developer Fee will be split with the Developer earning 85% and the DBHA /DHG earning 15 %. Cash Flow shall be- split between Developer (76%) and DHG (go%) until stabilization of the developments. at which time DHG will earn l00% of Cash Flow. Earnings are expected-to begin at.dosing of the financing on the: first of three phases in September 2012. DBHA entered into land -Tease agreements with the developer partnerships (Roundstone and DHG) known as Village Square Elderly, LLC, Village Square Family, LLC and a yet to be named third single family For- -Sale developer entity. Phase i will include 84 Elderly rental units funded by 0/ Tax Credits, bonds; federal and local Community Redevelopment Agency grants and loans and will utilize Project - Based Section 8 as further subsidy upon occupancy,. Phase 2 will include 144 family rental units funded by 9% Tax Credit financing and private developer equity; and Phase .3 is to be developed at a future period not yet determined. This. final: phase will include both detached single family and attached two. - family units. Consistent with the. agency's approved Replacement Housing Plan, DBFIA is utilizing its. first of two 5 -year allocations of Replacement Housing Factor funds to acquire and rehabilitate units scattered throughout its jurisdiction. Five units, including' two donated by the Community Redevelopment Agency have been acquired and rehabilitated to house extremely low - income families as part of the Authority's Public Housing program. Third Program Year Action Platt 11 Version 2.0 City of Delray Beach DBHA. purchased 5 units at $io /unit from the City of Delray Beach that will be used to house families at or below 50% of the median income. Four of the units are currently occupied and staff is processing a rental application for the 5t' unit. As part of the destruction of the. former Public Housing site, DBHA lost its permanent office space as well. Plans have been. developed and approved by governmental permitting, entities to construction a 14,000 square foot mixed used building to house DBHA operations, FSS, and 3 Public Housing Units. Due to the economic downturn, the project has been placed on hold until such time it can be financed. Fees and lease payments earned through the redevelopment of the former public housing site, now know as. Village Square, will be used to construct the $1.9 million LEED certified project.. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 2 Action Plan Barriers to Affordable Housing response: Eliminating barriers . to affordability has been the primary objective of the Community Land Trust program since its inception in 2oo6. In July 20o6 of that year the City transitioned its First Time Homebuyer Program, which provided traditional down payment. assistance, into a Sub- recipient Partnershi' Program with the Community Land_ Trust (CLT) for the purpose of creating affordable homeownership. opport unities. i7nffer tt e11 . Su recipient Housing Paartnerslup Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances. each unit's affordability by keeping the subsidy joined to the unit as. opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During the i1 -1.2 program year, remaining SHIP funds were used for this purpose as well as in a traditional Purchase Assistance. format. If additional SHIP funds are received this component will be continued. The City will continue to purchase foreclosed properties and rehab for resale through. the use of Neighborhood Stabilization Program funds for affordable' homeownership opportunities within the CDBG target area. The City currently utilizes its Workforce Housing Ordinance in an effort to create additional affordable and workforce housing throughout the City. The ordinances relax some regulatory zoning restrictions in designated areas, allowing increased density in exchange for affordable housing, units. The City expanded the program in 2007 to include additional RM zoned areas throughout the City. HOME / American Dream Down payment Initiative (ADDI) z. Describe other forms of investment not described in § 92.2o5(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture; as required in § 92.254 of the HOME rule. Third Program Year Action Plan 12 Version 2.0 City of,Deiray Beach 3. If the FJ will use, HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.2o6(b). The guidelines shall describe the: conditions under which the PJ will refinance existing debt. At a minimum these guidelines: must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum levee of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be.met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated.. C. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the: required period of affordability, whether, it is the minimum 15 years: or longer. e. Specify whether the investment of HOME funds maybe jurisdiction -wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 GTR 91.2i5(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f, State that HOME funds cannot be used to refinance multifamily loans made or insured by anyfederal program, including CDBG. 4. If the P.1 is going. to receive American Dream Down payment Initiative (ADDI) funds,. please complete the following narratives: a. Describe the planned use of the ADDI funds. Describe the PJ's plan for conducting targeted outreach to residents and tenants of housing agencies, for the purposes of ensaring that the ADDI funds are used to provide down. paymentassistance for such residents; tenants, and families. a� Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision. of housing, counseling to..homebuyers. Program Year 2. Action Plan HOME /ADDI response: Sources of Funds — Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include: the McKinney Vento Homeless. Assistance Act programs, other special federal, state. and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly -owned land or property.. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward, homelessness. 2. , Homelessness —In a narrative, describe . how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. Third Program Year Action Plan 13 Version M City of Delray Beach 3. Chronic homelessness —The jurisdiction must describe the specific planned action steps it will take over the next.year aimed at eliminating chronic homelessness by 2012: Again, please identify barriers to achieving this. 4. Homelessness Prevention —The jurisdiction. must describe its planned action steps over the next.year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy — Explain planned activities to implement a cohesive, community -wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 2 Action Plan. Special Needs response, The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community- based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking; housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all. its sub - committees: The Coalition .collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Continuum of Care planning occurs through an inclusive process consisting of the Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board (ESG), Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC). The Continuum of Care system begins with the Homeless Management Information System or HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client Management Information System). A. countywide one day. "point -in- time" count was conducted by the Homeless Coalition in FY2o1i. The report showed 68 unsheltered homeless individuals in Delray Beach,: or 5 %. of the total counted in the County. Forty-four (44) of the reported unsheltered homeless individuals were located within the 33444 zip code and CDBG target area. (Source: Palm Beach County Homeless Continuum of Care Point -in- Tune. Homeless County, Noon January 26, 2011. — noon January 27, 2011). -C.R.O.S. Ministries, which operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area.. In 2o11 the Caring Kitchen reported serving an estimated 88,691 meals, primarily male individuals. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual may be served on multiple days and be counted once for each meal. The food pantry in Delray Beach, also operated by C.R.O.S. Ministries, provides groceries for homeless and low-income while they are pending food stamps or in other crises. Of the total 6,437 persons who received service in 20.11, an estimated 65166 were homeless. Occasionally, police officers will find homeless persons living in the woods outside the City limits and will refer them to appropriate agencies. They have indicated. that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Third Program Year Action Plan 14 Version 2.0 City Of Delray Beach Based on both the January 2012 point -in -tune count and the information cited above, it is estimated that on a given day there are an average of 59 -6o homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA's 07/01/2011 - 04/3o/12 records 338 persons from PALM Beach County took shelter at their facility for emergency shelter and transitional housing, 166. of whom were children, i adult and 3children are.from Delray Beach. Detailed demographic data on the homeless :subpopulation is not available for Delray Beach, or on the extent of homelessness by racial or ethnic group. See Strategic. Plan homeless. narratives describing the, City's participation in the Palm Beach County Continuum of Care, which is a. countywide strategy (inclusive:. of Delray Beach) for meeting the needs of'indivicivals and families who are homeless or at risk of homelessness. The Continuum of Care, system. includes the following components: Homeless Prevention Services, Outreach and .Assessment,. Emergency Shelter, Transitional Housing, Permanent Supportive Housing, and Permanent Housing, Emergency Sbelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be.made available to units of local government.. Program Year 2 Action. Plan_ESG response: 1Vot app'Iica a ___:___- ..._...- .... - - - -- -- _..._ p i Community Development "Please also refer to the Community Development Table in the Needsxls workbook. 1. Identify the jurisdiction's priority non- housing community development needs eligible for: assistance'by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, publicimprovements, public services and economic development. 2. Identify specific long -term and short -term community development objectives (including economic development activities that create jobs), developed in. accordance.with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and. a suitable living environment, and expand economic opportunities, principally for low- and moderate- income. persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e:, one, two, three, or more:years), and annual program year numeric goals the jurisdiction hopes to achieve mquantitative terms, or in other measurable terms:as identified and defined by the jurisdiction. Program Year 2 Action Plan Community Development response:. The Citv of Delrav Beach's priority needs obiectives are follows: Third Program Year Action Plan is Version. 2.0 Amount of Proposed Priority, Need Objective Activity Funds CD Objective 11 Funds provided for the Administration overall administration of the CDBG $ 86,628 ro ram and Community Development Third Program Year Action Plan is Version. 2.0 City of Delray Beach Division: Amount of CD Objective 2: Child Care Services $ 58,99, Public Service Agency Y Funds Enhance the safety and livability of low Micro Enterprise Loan Fund TBD income. neighborhoods by addressing. the needs of child care target area for any activity where the $3,000 Public Service Agency 2 Fair Housing Fair Housing CD Objective 3: Public Facilities & Public Facilities & Improvements - Utilize CDBG funds to Improvements install Public Facilities and Improvements located within the Expansion of TBD CDBG target area including but not Neighborhood be limited to the construction or Resource Center installation of infrastructure improvements such as streets, street resurfacing,. curbs, water /sewer lines and /or sidewalks.. Housing Objective is Conserve:the Housing $ 268,854 existing affordable housing stock Rehabilitation; Single Unit Owner-Occupied Housing Objective 2: Provide Fair Fair Housing (Included in Public _ utreaelrserviees— _ .. —.:- :,—:-._- . ..._ Service,bud et TotalAilocatioie: 1 1 $413,140 A description of the activities and specific goals are included in the project charts.. A summary listing of activities and the Consolidated Plan priority need addressed by each appears below (please note that "CD" stands for Community Development): See Strategic Plan narrative for specific long- and short-term community development objectives. Antipoverty Strategy 1. Describe the. actions that wM take place during the next year to reduce the number of poverty level families. Program Year 2 Action Plan Antipoverty Strategy response: See Strategic Plan narrative. Third Program Year Action Plan 16 Version 2.0 Amount of Priority ,Weed Objective Activity Proposed Funds CD Objective, 1: Utilize. CDBG funds to Micro Enterprise Loan Fund TBD provide businesses located in, or will be located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. See Strategic Plan narrative for specific long- and short-term community development objectives. Antipoverty Strategy 1. Describe the. actions that wM take place during the next year to reduce the number of poverty level families. Program Year 2 Action Plan Antipoverty Strategy response: See Strategic Plan narrative. Third Program Year Action Plan 16 Version 2.0 City of Delray Beach Th e. goals, objectives and _actions outlined in the'2o10 -2015 Consolidated Plan and in this 2012 - 2o13.Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty- to remain out of poverty, The City's holistic approach to community development provides various, programming efforts and initiatives aimed at reducing the- number of poverty level families. Various, partnerships with area .social service and housing provider agencies greatly increase the effectiveness and:efficiency of our commitment: The Florida Housing Finance Corporation approved the 2010 -20i3 Local. Housing Assistance Plan (LHAP) prepared by the. City's Neighborhood Services Division. The: LHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent. to which its current housing policies and programs might assist in reducing the number of households With incomes below the poverty level The Delray Beach Housing Authority's Family Self - Sufficiency. (FSS) Program, serves as an anti- poverty tool. The program provides a holistic: approach to service delivery that includes homeownership, adult education, vocational training; social and economic counseling, employment counseling and placement, medical screenings,: and transportation assistance: A family- centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted 22 families in obtaining homeownership. In addition,, the DBHA applies for Section 8 rental assistance' whenever HUD makes funds available. Both the City and the DBHA follow HUD guidelines- pertaining to Section 3, which ,require contractors working on projects.funded with HUD dollars to be diligent in.attempting to hire low- income persons. This has the potential of reducing poverty. Thel. City. is the fiscal agent for grant funds from Children's Service Council which partners with two non -profit agencys, Achievement Center for Children and Families and Families First to carry out approved services. This grant facilitates services provided by the Beacon Center at Village Academy Elementary School, a public deregulatedneighborhood school located within, the CDBG target, Beacon Centers, which targets low income residents, are partnerships between the. local government, schools, community -based organizations and community leaders. Beacons provide academic, social, recreational and culture actititivies `for both the child and family to create supports leading: to optimal development of the child,, healthy family functioning and building the capacity ofthe neighborhood in which it is located. F # Non - homeless Special Needs (91.220 (c) and (e)) *'Please also refer to. the Non hgmeless SpeedalNeeds Table in the Needs.x1s workbook: 1., Descnbethe priorities and specific objectives the ju. risdiction hopes to achieve for the period covered by the Action Plan... 2. Describe. how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan, Program Year 2 Action Plan Specific Objectives response: The City hopes to meet the Special, Needs population during the next year, through its holistic approach to community development.; Through its partnership with the Delray Beach. Community Land Trust, the City will continue to provide increased housing opportunities for Third :Program Year Action Plan 17 Version 2.0 City of Delray Beach households receiving public assistance.. Accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program. Funding provided to small businesses for economic development activities will require job creation Ior low- income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources; including the City's CDBG allocation. Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year', through its holistic approach to community development the City hopes to meet some: of those needs. Through its partnership with the DBHA, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home,; accessibility for the disabled will continue to be addresses as a component of the City's housing. rehabilitation program, funding provided to small businesses for economic development activities will .require job creation for low-income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Housing Opportunities for People with AIDS "Please also refer to the HOPWA Table in the Needs--Js workbook.. 1:- _ Provide_ a, Brefdesciption- ofherganiaa#e _e prsgr�*�..... _.......... - contacts and. a broad overview of the range / type of housing activities to be done during the next year. a. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes: to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on the accomplishments under the annual. HOPWA output goals for the number of households assisted during the year in; (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and /or operate these facilities. Include any assessment of client outcomes for achieving housing stability,: reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provilde.an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non - regulatory): encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons Third Program Year Action Plan 18 Version 2.0 City of Delray Beach living with HIV/AIDS and provide additional information regarding the administration of services to. people with HIV /AIDS. 9. Please note any evaluations, studies or other .assessments that will be conducted on the local. HOPWA program during the next year. Program Yearn Action Plan HOPWA response, Not applicable Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 2 Specific HOFWA.Objectives response: Not applicable include any Action Plan information that was not covered by a,narrative in any other. 'section. — It1 tot -r3 i odR- esoureeCe loeated= within -- the =eD -- _ __ ____ ._.._ ._....__ target area utilizing and reallocating up to $loo,000'of FY 2oio -ii funds . Through the NRC the City will seek to enhance workforce; job creation and other services to low -to- moderate individual and households. This project will be leveraged with additional funding from the Delray Beach Community Redevelopment Agency (CRA): The City working in partnership with the CRA to create a micro enterprise revolving loan.fund utilizing CDBG funds to assist with business and job creation opportunities in the CDBG target area. The initiative will allow, for much needed micro enterprise funds for loans ranging from $2ho to $1oo,000. Funding for this initiative: will reallocated from previous year. CDBG funds and will be leveraged with CRA. funds. Third Program Year Action Plan 19 Version 2.0: MINUTES OF THE NEIGHBORHOOD ADVISORY COUNCIL CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA REGULAR MEETING MEETING DATE: May 21, 2012 LOCATION: City Hall; 1St Floor Conference Room CALL TO ORDER: Meet was called to order at 5:37 PM. MEMBERS PRESENT MEMBERS ABSENT: STAFF PRESENT: It. APPROVAL OF MINUTES Gail -Lee McDermott, Isabel Make, Stephen Lampel, Linda Prior, Suzanne Donohue, Linda Laurence -Leib, Margherita Downey Lee Cohn, Susan Sims, Colson Zulmar, William Milner Jennifer E. Costello, Nigel Roberts Motion made by Linda Prior to approve the March 2012 minutes as presented. Motion 2nd by Susan Donohue, all in favor. Minutes passed. Chairperson Gail -Lee McDermott opened the evening announcing the resignation of Isabel Make. This evening will be the last meeting Mrs. Make will attend. We thank her for her service and wish the best for her future. Ill. Business Items A. CAB Presentation was given by staff highlighting the success of the March 24, 2012 event on SW 11th Avenue, The NAC would like to show this presentation to City Commission along with past CAB events to show the positive affect that remains with a community once the event is over. IV. Public Hearing A. A motion was made at 6:00 pm, to go into the first Public Hearing for the FY 2012 -13 CDBG Need Assessment meeting. The meeting was opened by Nigel Roberts, Neighborhood Service Administrator. He stated that pursuant to the Housing Act of 1974, HUD requires all local municipalities. prepare local housing plan documents as a condition of receiving federal assistance. The City is required to submit an Annual Action Plan every fiscal year. Citizen participation is integral to the development of the Annual Action Plan. The City is required to provide at least two public hearings per year to obtain the public's views and to respond to proposals and questions. The second public hearing is scheduled for August 7, 2012 at City Commission meeting. The attached Annual Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the needs delineated in the Five Year Consolidated Plan. Following are c stions and responses from the Public,' Bring: Council member Prior asked if the city have funds for public housing for the homeless. Staff response; We do not currently us our CDBG funds towards homeless initiatives.. Palm Beach County receives homeless funds and implements homeless initiatives county wide. James Quillian, Osceola Park resident asked if the city funds tenant/landlord counseling, Staff response; The City partners with agencies and fund educational programs such as the Fair Housing Agency of Palm Beach County to assist with some issues. The City also partners with Legal Aid Society to provide legal counseling at the Neighborhood Resource: Center. Council member Prior asked if Childcare, extended day care, and Churches can apply for funding? Staff response; An organization must have 504 (c) 3 status. We currently provide funding to the Achievement Center, which is a child care provider. We partner and fund nonprofit agencies that are able to comply with the HUD guidelines that are mandatory with the funding award. Susan Ruby, Del Ida Historic Neighborhood resident suggested the "Artist Alley" located in the Pineapple Grove District to look at to support through Economic Development funding from the grant. Staff response; We are looking at doing more economic development with CDBG funds. Our economic development will focus on job creation for small businesses. Council member Suzanne Donohue asked how much of the budget is reallocated each year. Staff response; Each year HUD allocates an amount for the City. This year our ..... _----- . .... CD.BG_.aIlocation is- $4= [3{14 ..---- - - - - -- ... Lisa Quillian, Osceola Park resident asked where a person goes for assistance. Staff response; They will come directly to the Neighborhood Services Division. Council member, Prior Is.there monitoring process the city goes through once a home has gone through a rehab process? Staff response; Yes, we require property inspections. We also monitor homes annually as per our HUD guidelines. Monitoring also assists with knowing the property is maintained, that the recipient still reside in the property and helps us maintain a relationship with the residents. Lisa Quillian, Osceola Park resident asked if there are there rules? Staff response; There are Agreements and guidelines attached to all programs and grants administered through Neighborhood Services Division. Mr. Roberts stated that if there are further questions, please feel free to call or e-mail for additional information, 1V. Non - Agenda Items Public a) James Quillian, Osceola Park resident stated if the city needs assistance with anything in Osceola Park that he is available. Its difficult to get resident participation and typically the same few people show up to organized meetings and /or events. b) Lisa Quillian, Osceola Park stated the residents of Osceola Park has had great response and action from the city in the past with trash issues. With the assistance of Jennifer Buce and Code Enforcement a trash can was installed in heavy traffic areas around the bus stops. c) Susan Ruby, Del I Park stated with working with the city d residents they were awarded a Historic Neighbor,00d Grant for a beautification project awng 2 "d Avenue. She also stated they had a recent neighborhood clean -up followed by a Sunday Supper. d) Melissa Magallanes, Osceola Park introduced herself and stated she is a recent addition to Delray Beach. She has a background working with non - profits and fundraising and is open to help her neighborhood and city. e) Lisa Quillian, Osceola Park stated most of the funds discussed tonight applied to owner occupied but the greatest need is commercial or investment properties. Mr. Roberts stated our Curb Appeal program is for both. If an investment property owner wishes to participate they can with a 50% buy in. There are also other Economic development grants that come along with stipulations that some small businesses can not meet. Such as job creation and retention. f) Francesca Mallows, SW Neighborhood Alliance, the city should encourage people to paint their homes in brighter colors. At one of the WARC meetings where Mr. Joe Gray, City Planner spoke, he said color should be an option in some demographic neighborhoods. NAC Members a) Gail -Lee McDermott thanked Nigel and staff for the wonderful job during the CAB and stated we need to better promote ourselves and show the residents and commission the great work that comes out of the NAC and Neighborhood Services, And if anyone is interested on June 9th a few Osecola residents are assisting a neighbor and painting their home. Staff a) No comments Meeting was adjourned at 7:12 PM The _undersigned is., the_ Secretary off_fa" eighbolhaczc�clvi5. ou..nciLand_th- e— nformaton_ .............. .... provided herein is the Minutes of the meeting of said body for which May 21, 2012 were formally adopted and approved by the Council on June 18, 2012 itel to Planer If the Minui"es that you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. . : — ..... . .... . 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Type: Pro osed Unt&. .- - Acwmpl. Type: '; Proposed Units ' M Actual Units. ".:' : _} Units '. _. ✓T� .Actual O a Accompl. Type: ::•7i .. ... .. Proposed .. .: .:.. Proposed Units Attua7:Unitt..` Actual:Units ' � Public Sery (FH) 1 CPMP Exhibit ? CITY OF DELRAY BEACH CITIZEN PARTICIPATION PLAN Applicability and Adoption The following Citizen Participation Plan has been developed in compliance with 24 CFR 91.105. The plan sets forth the City's policies and procedures for Citizen Participation as it relates to the federally- required Consolidated Plan. The City of Delray Beach encourages citizens to participate in the development of the Consolidated Plan and all substantial amendments to the consolidated plan, and performance reports. The City especially encourages participation by citizens of low- and moderate - income neighborhoods, particularly those living within the CDBG Target Area; through consultation with the Public Housing Agency, the participation of tenants of the Public Housing development and residents of Section 8 subsidized housing; minorities and non - English speaking persons; and, persons with disabilities. Adoption of the Consolidated Plan 1. Prior to adoption of the Consolidated Plan, the City of Delray Beach will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the City expects to receive (including grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low- and moderate - income. 2. To assure the public adequate time and opportunity to comment on the contents of the Consolidated Plan, the City shall publish a summary of the proposed Consolidated Plan in the local newspaper and shall make copies available for public inspection at the Public Library and City Hall. The summary of the Consolidated Plan shall describe the contents and purpose of the plan and shall include a list of the locations of where copies of the plan may be fully examined. Upon request, copies of the plan shall be made available to groups and citizens at no charge. 3. One public hearing shall be held during the development of the Consolidated Plan. 4. A citizen's comment period of not less than 30 days shall be established to receive comments from citizens on the consolidated plan. 5. The City shall consider any comments or views of citizens received in writing, or orally at the public hearings, in preparing the final Consolidated Plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons thereof, shall be attached to the final Consolidated Plan. Exhibit 2 Amendments to the Consolidated Plan 1. A substantial amendment to the Consolidated Plan shall be defined as the elimination of a previously approved activity or a reduction in funding of a previously publicized activity in order to accommodate the funding of another Community Development Block Grant (CDBG)- eligible activity. 2. The City shall publish in a local newspaper details of the substantial amendment and provide the public with adequate time to comment on the amendment. The public shall be provided with not less than 30 days to provide comments prior to implementation of the amendment. 3. The City shall consider any comments or views of citizens received in writing, or orally at public hearings, if any, in preparing the substantial amendment to the Consolidated Plan. A summary of these comments or views and a summary of any comments or views not accepted and the reason therefore, shall be attached to the substantial amendment of the Consolidated Plan. Performance Reports 1. The City shall provide the public with reasonable opportunity to comment on performance reports by publishing in the local newspaper the availability of performance reports and providing the public with not less than 15 days to comment on the reports prior to submission to HUD. 2. The City shall consider any comments or views of citizens received in writing, or orally at public hearings in preparing the performance report. A summary of these comments or views shall be attached to the performance reports. Public Hearings 1. The City shall provide for two public hearings per year to obtain citizens' views and comments. One public hearing shall be held at an appropriate time of the program year so that citizens may review program performance and another hearing shall be held prior to publication of the Consolidated Plan in order to provide opportunity for citizens to comment on housing and community development needs, including priority non housing community development needs. 2. At lease two weeks advance notice of each public hearing shall be provided to the public. These notices shall be published in the local newspaper. 3. Public hearings shall be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for persons with disabilities. These public hearings shall be held during the evening hours at City Hall and /or public facilities located within the CDBG Target Area, i.e. Pompey Park or Carver Service Center. -2- Exhibit 2 4. Because of the substantial number of Creole- speaking and Spanish- speaking residents within the City, the City shall provide Creole and Spanish versions of all flyers announcing the public hearing. Interpreters shall be provided upon request through the use of Creole and Spanish- speaking staff of the Department of Community Improvement. Meetings Reasonable and timely access to local meetings shall be provided to the public. Availability to the Public In accordance with the Americans with Disabilities Act, the adopted Consolidated Plan, substantial amendments and performance reports may be obtained in an alternate format. To obtain an alternative format of either document, contact the Community Improvement Department, Neighborhood Services Division, 100 NW 1St Avenue, Delray Beach, Florida 33444 or telephone the Department at (561) 243 -7280. Access to Records The City shall provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to the Consolidated Plan and the use of funds under programs covered by 24 CFR Part 91 during the preceding five years. Technical Assistance The City shall provide technical assistance to groups representative of persons of low- and moderate - income that request such assistance in developing proposals for funding assistance under any of the programs covered by the Consolidated Plan, with the level and type of assistance determined by the City of Delray Beach. The assistance need not include the provision of funds to the group. Complaints Complaints relating to the City's Consolidated Plan, Amendments and Performance Reports should be submitted in writing to; City of Delray Beach Director of Community Improvement 100 NW 1St Avenue Delray Beach, FL 33444 The Department shall respond to all written complaints within 15 working days where practical. -3- Exhibit 2 Residential Anti - displacement and Relocation Assistance Plan The City of Delray Beach will replace all occupied and vacant occupiable low- to moderate - income dwelling units demolished or converted to a use other than as low- to moderate - income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606(b)(1). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the City of Delray Beach will make public and submit to the HUD Field Office the following information in writing: 1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low- to moderate - income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; and 6. The basis for concluding that each replacement dwelling unit will remain a low- to moderate - income dwelling unit for at least 10 years from the date of initial occupancy. The City of Delray Beach will provide relocation assistance, as described in 570.606(b)(2), to each low- to moderate - income household displaced by the demolition of housing or by the conversion of a low- to moderate - income dwelling to another use as a direct of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the City of Delray Beach will take the following steps to minimize the displacement of persons from their homes: Acquisition or demolition activities will be limited to vacant, condemned or dilapidated structures that have been determined unsafe or contribute to blight. It is not anticipated that displacement of persons will occur as a result of this program. However, if displacement does occur as a direct result of property acquisition for program improvements, tenants and homeowners who are displaced will receive those benefits provided for under the Relocation and Real Property Acquisition Act of 1970, as amended. Every effort will be made to allow those displaced to locate in the neighborhood form which they were displaced, if that is their request. Temporary relocation will be processed in accordance with the City of Delray Beach Optional Relocation Policy. -4- Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 19, 2012 SUBJECT: AGENDA ITEM N.C. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 ORDINANCE NO. 21-12 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading to consider a privately initiated amendment to the Land Development Regulations (LDR) to create Section 4.5.19, "Linton Development Overlay District ", and amend Section 4.4.9, "General Commercial (GC) District ", Subsection (G), "Supplemental District Regulations ", to limit the Floor Area Ratio (FAR) to 0.36 for non - residential development within the Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W. 4 th Avenue. BACKGROUND At the first reading on July 5, 2012, the Commission passed Ordinance No. 21 -12. RECOMMENDATION Recommend approval of Ordinance No. 21 -12 on second and final reading. http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemlD = 5793 &MeetingID =384 8/3/2012 ORDINANCE NO. 21 -12 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 ENACTING A NEW SECTION 4.5.19, " LINTCO DEVELOPMENT OVERLAY DISTRICT ", TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed test amendment at a public hearing held on June 18, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.5.19, "Lintco Development Overlay District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.19 Lintco Development Overlay District (Al Defined: The Lintco Development Overlay District is hereby established to include the area on the north side of Linton Boulevard, west of SW 4th Avenue as shown on the Map in Section 4.5.19 A. below: (B) Map of Overlay District Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) The parking requirement for business and professional offices within that portion of the GC zoning district bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 4th Street on the north and S.E. 10th Street on the south is established at one (1) space per 300 sq. ft. of net floor area. (2) North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: Fabrication and /or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, 2 ORD. NO. 21-12 cabinet and fiirniture making. 2. The wholesaling, storage and distribution of products and materials; Self service storage facilities that comply with subsection (c) below. (b) All uses listed under subsection (a) above must: Operate in conjunction with a permitted service or retail use that is located on the premises; 2. Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway; 3. Operate within an enclosed building, with no outside storage; 4. Orient overhead doors away from adjacent rights -of -way, except where existing, or where the approving body determines that it is not feasible to comply; and, Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid tree line. (c) In addition to subsection (b) above, any self service storage facility shall comply with the following. The following regulations supersede Section 4.3.3(A). Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. 2. Facilities and Requirements: a. Outdoor bay type access to individual self - storage units that face a street is prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. b. No building shall exceed forty -eight feet (48� in height. C. Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses and for self - storage uses, parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof, including: (a) a minimum of three (3) loading spaces for the self - service storage facility that must be striped and signed to ORD. NO. 21-12 Emit the time for loading and unloading to one (1) hour; and in addition (b) three and one -half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self- storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self - storage use. d. at least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the foregoing. The additional principal uses may be eating and drinking establishments, retail or personal service. Limitation of Uses: a. activities not related to the rental or lease of self - storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. b. Except as otherwise provided in subsection (c), no business or activity other than self storage shall be conducted from any self - storage unit in the facility. Examples of prohibited uses include, but are not limited to the following. the servicing, repair and /or restoration of automobiles, boats, recreational vehicles, and /or restoration of automobiles, boats, recreational vehicles, lawntnowers and the like; moving and self - storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. C. Except as otherwise provided in this subsection (c), there shall be no electrical power provided to, or accessible from any individual self - storage units. This includes the provision of lighting fixtures to the interior of a self - storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. d. The use or storage of any hazardous materials is prohibited. e. the terms and conditions of this section shall be clearly expressed in all self - storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot (1') by two feet (2') in the leasing office at the facility. ORD. NO. 21-12 4. On -Site Manager: An on -site manager shall be employed at the facility during all hours of operation. Hours of Operation: Customers of the self service storage facility may not access individual self- storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self service storage facility have 24 hour access to their self - storage unit(s). 6. Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10� landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a minimum five foot (5') landscape buffer shall be required along all property lines that do not abut a roadway. 7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and vehicles and truck rental is prohibited. 8. Architecture: All self service storage facility buildings must comply with the following architectural standards. a. Building facades visible from the public right -of -way shall have the appearance of a service and /or retail building through the use of doors, windows, awnings, and other appropriate building elements. b. Exterior building material shall be stucco or a similar material. C. Buildings that can accommodate two or more stories shall be designed where facing a street to have the appearance of a multi -story building through the use of windows, doors, awnings, canopies or other appropriate building elements. d. Building facades facing a public right -of -way must have a 15% minimum transparency consisting of windows that provide visibility from the public right -of -way from the interior. e. Detailed building elevations shall be submitted prior to the Conditional Use public hearing. 9. Location: A self service storage facility shall not be located within a radius ORD. NO. 21-12 of 1,000 feet of another existing self service storage facility. (3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) T'he permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D) ( 2, 3, 9, 11, 14, 19, and 20). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100 0/6) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100 0/0) of the total building area square footage of the Four Corners Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Corners Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi - family Dwelling Units: Multi - family uses and assisted living facilities, but excluding duplexes subject to (a) (b) (c) (d) (e) below, ranging in density not to exceed 30 units per acre subject to the following: a. Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed -use development containing office and /or commercial uses. b. Residential developments must include a minimum of 20 % workforce units consisting of moderate income workforce units as defined by Article 4.7 Family /Workforce Housing. C. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. ORD. NO. 21-12 d. For mixed -use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed. e. All residential developments shall be subject to the Performance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply: 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Water bodies and paved areas shall not be included in the meeting of this 25 % open space requirement. 2. Minimum Structure Size: Any free- standing non - residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (127 floor to floor on the first floor and ten (10) floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6 ") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. O Lintco Development Overlay District: Within the Lintco Development Overlay District, as defined by Section 4.5.190, non - residential development intensity in non - residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36. Section 4. 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. ORD. NO. 21-12 Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST City Clerk First Reading Second Reading 8 MAYOR ORD. NO. 21-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JULY 5.2012 ORDINANCE NO. 21-12 Pagel of 2 ITEM BEFORE COMMISSION Approval of a privately - initiated amendment to the Land Development Regulations (LDRs) that will restrict the nonresidential development intensity on properties within a newly created Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and SW 4th Avenue, to a maximum Floor Area Ratio (FAR) of 0.36. BACKGROUND Comprehensive Plan Amendment 2010 -1, adopted by the City Commission on December 14, 2010, included a privately- initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from MD (Residential Medium Density 5 -12 du /ac) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to a FAR of 0.36. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010 -1. Under the proposed text amendment, the following two changes are being made: Article 4.5, "Overlay and Enviromnental Management Districts" of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.19, "Lintco Development Overlay District ". Section 4.4.9, "General Commercial (GC) District ", Subsection (G), "Supplemental District Regulations" is being amended to add a new regulation restricting the Floor Area Ratio (FAR) on property within the Lintco Development Overlay District to a maximum of 0.36. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5726 &MeetinglD =381 7/19/2012 Coversheet Page 2 of 2 REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its June 18, 2012 meeting and made a recommendation of approval on a 4 -0 vote. RECOMMENDATION By motion, approve Ordinance No. 21 -12 on first reading for a privately - initiated amendment to the Land Development Regulations to create Section 4.5.19, "Lintco Development Overlay District" and amend Section 4.4.9 "General Commercial (GC) District", Subsection (G), "Supplemental District Regulations" to limit the nonresidential Floor Area Ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5726 &MeetingID =381 7/19/2012 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 18, 2012 AGENDA NO: V. C. AGENDA ITEM: CONSIDERATION OF A PRIVATELY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE SECTION 4.5.19, " LINTCO DEVELOPMENT OVERLAY DISTRICT" AND AMEND SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS" TO LIMIT THE FLOOR AREA RATIO (FAR) WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT, LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH AVENUE. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately- initiated amendment to Land Development Regulations (LDRs) that will restrict the nonresidential development intensity on properties within a newly created Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and SW 4th Avenue, to a maximum FAR of 0.36. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS Comprehensive Plan Amendment 2010 -1, adopted by the City Commission on December 14, 2010, included a privately- initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from MD (Residential Medium Density 5 -12 du /ac) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to an FAR of 0.36. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010 -1. Under the proposed text amendment, the following two changes are being made: • Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.19, "Lintoo Development Overlay District ". Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment - Lintco Development Overlay District • Section 4.4.9, "General Commercial (GC) District ", Subsection (G), "Supplemental District Regulations" is being amended to add a new regulation restricting the Floor Area Ratio (FAR) on property within the Lintco Development Overlay District to a maximum of 0.36. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The proposed text amendment implements the description of the General Commercial Future Land Use Map designation in the Future Land Use Element of the Comprehensive Plan stated as follows: General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: • Four Corners Overlay District - For mixed -use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell /Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Pursuant to the above, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizens' Coalition • Linton Ridge 2 Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment - Lintco Development Overlay District • Southridge • Southridge Village • The Vinings Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will create a new overlay district and restrict development intensity within that overlay district in support of the description of the General Commercial Future Land Use Map designation within the Future Land Use Element of the Comprehensive Plan. A positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of a privately- initiated amendment to the Land Development Regulations to create Section 4.5.19, "Lintco Development Overlay District' and amend Section 4.4.9 "General Commercial (GC) District ", Subsection (G), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of a privately- initiated amendment to the Land Development Regulations to create Section 4.5.19, "Lintco Development Overlay District' and amend Section 4.4.9 "General Commercial (GC) District', Subsection (G), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of a privately- initiated amendment to the Land Development Regulations to create Section 4.5.19, "Lintco Development Overlay District' and amend Section 4.4.9 "General Commercial (GC) District', Subsection (G), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance No. 21 -12 'A Y ST. I RD. co GLASS ZEDER AVE. BENJAMIN A SOU THRIDGE CONDO L I N T C N I AVENUE ROAD LEI Q I GULF STREAM COMMERCIAL CENTRE �� \ono WA TERPROOF HOLDINGS moo`, LINT0N RIDGE _ CONDO L & A COUNTY \CiR��f i XCA VA TIOI SANI TA TION Li RS L) N TERNATIONAL PLAZA Q SPORTS AUTHORITY w SPORTING LAVER'S Q GOODS J LAKEVIEW CONDO PETSMAR T z- SECURI TY SELF STORAGE B O U L E V A R D DELRAY INDUS TRII PARK SOLID WA TRA NSF, STA TIO -- D10frAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cob \Z —LM 1000- 1500 \LM1192C — Zoning of Lintco Development LINTCO DEVELOPMENT SUBJECT PROPERTY --� PLANNING AND ZONING DEPARTMENT LOCATION MAP -- D10frAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cob \Z —LM 1000- 1500 \LM1192C — Zoning of Lintco Development Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 19, 2012 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 7, 2012 ORDINANCE NO. 22-12 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading to consider a p rivately initiated amendment to the Land Development Regulations (LDR) to create Section 4.5.20, "Waterford Overlay District" and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E) "Supplemental District Regulations" to limit the non - residential Floor Area Ratio (FAR) to 1.32 and residential density to 12 units per acre within the Waterford Overlay District, located south of Linton Boulevard, east of I -95. BACKGROUND At the first reading on July 5, 2012, the Commission passed Ordinance No. 22 -12. RECOMMENDATION Recommend approval of Ordinance No. 22 -12 on second and final reading. http:// itwebapp /AgendaIntranetBluesheet .aspx ?ItemID = 5795 &MeetingID =3 84 8/3/2012 ORDINANCE NO. 22 -12 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 ENACTING A NEW SECTION 4.5.20, "WATERFORD OVERLAY DISTRICT", TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD) ", SUBSECTION (E), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed test amendment at a public hearing held on June 18, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of die City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.5.20, "Waterford Overlay District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.20 Waterford Overlav District (Al Defined: The Waterford Overlay District is hereby established to include the following area: Parcel `B" as set forth on the plat of Waterford Park, recorded in Plat Book 91 at Pages 119 and 120 of the public records of Palm Beach County, Florida. (B) Map of Overlay District L I N T O N B 0 U L E V A R 0 p OUTBACK OUEGOODS LINTON CENTER j dt� Pte. J TARGET 3' v NOME DEPOT MA TERFIRG PARK � (S O ALT. / !d:ADOWS 3 Section 3. That Section 4.4.25, "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (E) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by the following: (1) Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan. 12) Waterford Overlav District: Within the Waterford Overlav District, as defined by Section 4.5.20W. non - residential development intensity in non - residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 1.32. Residential development in free- standin-a residential and mixed -use developments shall not exceed 12 units ber acre. ORD. NO. 22-12 Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. Tliat this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST City Clerk First Reading Second Reading 3 u • C ORD. NO. 22-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 22-12 Page I of 2 ITEM BEFORE COMMISSION Approval of a privately- initiated amendment to the Land Development Regulations (LDRs) that will restrict the nonresidential development intensity and residential density on properties within a newly created Waterford Overlay District, located south of Linton Boulevard, east of I -95, to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. BACKGROUND Comprehensive Plan Amendment 2010 -1, adopted by the City Commission on December 14, 2010, included a privately- initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from TRN (Transitional) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to an FAR of 1.32. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. No changes were made to the residential potential of the property, so the maximum density will remain at 12 units per acre. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010 -1. Under the proposed text amendment, the following two changes are being made: Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.20, "Waterford Overlay District ". Section 4.4.25, "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" is being amended to add a new regulation restricting development within the http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5728 &Meetin -ID =381 7/19/2012 Coversheet Page 2 of 2 Waterford Overlay District to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its June 18, 2012 meeting and made a recommendation of approval on a 4 -0 vote. RECOMMENDATION By motion, approve Ordinance No. 22 -12 on first reading for a privately - initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District" and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" to limit the nonresidential Floor Area Ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 5728 &MeetingH) =3 81 7/19/2012 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 18, 2012 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF A PRIVATELY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE SECTION 4.5.20, "WATERFORD OVERLAY DISTRICT" AND AMEND SECTION 4.4.25 "SPECIAL ACTIVITIES DISTRICT (SAD) ", SUBSECTION (E), "SUPPLEMENTAL DISTRICT REGULATIONS" TO LIMIT THE FLOOR AREA RATIO (FAR) AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT, LOCATED SOUTH OF LINTON BOULEVARD, EAST OF 1 -95. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately- initiated amendment to Land Development Regulations (LDRs) that will restrict the nonresidential development intensity and residential density on properties within a newly created Waterford Overlay District, located south of Linton Boulevard, east of 1 -95, to a maximum nonresidential FAR of 1.32 and a maximum residential density of 12 units per acre. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Comprehensive Plan Amendment 2010 -1, adopted by the City Commission on December 14, 2010, included a privately- initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from TRN (Transitional) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to an FAR of 1.32. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. No changes were made to the residential potential of the property, so the maximum density will remain at 12 units per acre. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010 -1. Under the proposed text amendment, the following two changes are being made: • Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.20, "Waterford Overlay District ". Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment - Waterford Overlay District • Section 4.4.25, "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" is being amended to add a new regulation restricting development within the Waterford Overlay District to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The proposed text amendment implements the description of the General Commercial Future Land Use Map designation in the Future Land Use Element of the Comprehensive Plan stated as follows: General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: • Four Corners Overlay District - For mixed -use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell /Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Pursuant to the above, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS Courtesv Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizens' Coalition • Linton Ridge Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment - Waterford Overlay District • Southridge • Southridge Village • Waterford Apartments • Tierra Verde at Delray Beach Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will create a new overlay district and restrict development intensity within that overlay district in support of the description of the General Commercial Future Land Use Map designation within the Future Land Use Element of the Comprehensive Plan. A positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of a privately- initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District" and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of a privately- initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District' and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of a privately- initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District' and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance No. 22 -12 3 L I N T O N B O U L E V A R D OU TBA CK J J L HOMEGOODS LIN TON CEN TER PG Q� QO �P A� Q) TARGET 95" HOME r DEPOT U WA TERFORO PARK o _ <i � r- 2Q < AL TA MEADOWS .�P Ro P� N PLANNING AND ZONING WATERFORD DEPARTMENT OD LOCATION MAP -- DIG/UL BASE MAP SYSTEM -- MAP REF: S: \Planning Ar Zoning \DBMS \File— Cab \Z —LM 1000- 1500 \LM1197A — Waterford Coversheet IU V I IX- \ 1 1/_ TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 19, 2012 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF AUGUST 7, 2012 ORDINANCE NO. 23 -12 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading to consider a city - initiated amendments to the Land Development Regulations (LDR) Section 2.4.3(x)(1), "Development Applications "; Section 2.4.3 (K)(3), "Permit Fees ", and Section 6.3.3, "Sidewalk Cafe ", Subsection 6.3.3(A), "Permit and Fees ", to provide for an increase in certain development application and permit fees and increasing the permit fee assessed per square foot of approved sidewalk cafd space. BACKGROUND At the first reading on July 5, 2012, the Commission passed Ordinance No. 23 -12. RECOMMENDATION Recommend approval of Ordinance No. 23 -12 on second and final reading. http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemlD = 5796 &MeetingID =384 8/3/2012 ORDINANCE NO. 23 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS ", SUBSECTION N, "FEES ", PARAGRAPH (1), "DEVELOPMENT APPLICATIONS" AND PARAGRAPH (3), "PERMIT FEES"; AND SECTION 6.3.3, "SIDEWALK CAFE ", SUBSECTION (A), "PERMIT AND FEES" TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION AND PERMIT FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 18, 2012, and voted 4 to 0 to recommend that the changes be approved /denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3, "Submission Requirements ", Subsection (Iq, "Fees ", Paragraph (1), "Development Applications" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 Submission Requirements N Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2,760 (b) Review of a ADA /DRI $ 0 Modification of a DRI $ 0 (c) Voluntary Annexation with Zoning $ 1,220 (4) (d) Rezoning of Land $ 2,100 (e) Modification of a SAD Ordinance to add a use or uses $ 2,100 (#} Conditional Uses, New Application $ 1,655 Modification requiring Board Review $ 675 (g) Master Plans $ 1,400 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 675 (1) Similarity of Use $ 340 (J) Site Plan Review: Class I (Non- Impacting Modification) $ 200 Class II (Non - Impacting with Board Review) $ 400 Class III (Minor Modification) $ 610 (1) Class IV (Major Modification) $ 1,010 (1) Class V (New Submission) $ 1,400 (1) (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification $ 65 Class II Site Plan Modification $ 130 Class III Site Plan Modification $ 305 Class IV Site Plan Modification $ 480 Class V Site Plan $ 675 Master Development Plan $ 675 Master Development Plan modification (5) Conditional Use $ 830 2 ORD. NO. 23 -12 Conditional Use Modification $ 340 Certificate of Appropriateness for Minor Development $ 35 Certificate of Appropriateness for Major Development $ 295 (1) Plats Minor Subdivision $ 1,010 (1) Major Subdivision $ 2,020 (1) Plat Recording Fee (3) (m) Abandonments Right -of -way $ 830 General Easements $ 410 Specific Easements $ 205 (n) Master Sign Program $ 170 (o) Variances Board of Adjustment $ 555 Historic Preservation Board $ 265 (p) Formal interpretation by the Board of Adjustment (per item) $ 70 (q) Certificate of Appropriateness by Board (14) Minor Development $ 65 (2) Major Development $ 585 (r) Certificate of Appropriateness by Staff $ 0 (13) (s) Request for Historic Designation $ 65 (per property) Request for Change of Historic Designation or Classification $ 65 (per property) (t) Hearing before the Board of Adjustment (per item) $ 70 (u) Temporary Use Request involving City Commission $ 150 Action (v) Water Service Agreement Request - - without concurrent site plan $ 150 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 1,655 (x) Waivers and Internal Adjustments $ 150 per request (6) 3 ORD. NO. 23 -12 $ 280 per request (7) (y) Appeals by Applicant $ 375 (8) (z) Advertising (9) (aa) Zoning Verification Letter Interpretation of existing LDRs $ 65 Requiring Research for Previous Development Activity $ 140 plus $35 per hr in excess of 2 hrs (bb) North Beach /Seagate and Ocean Neighborhood $�,3H�1,610 (1) Overlay District Review (cc) Application Fee for In -Lieu Of -and Public Parking Fee $ 255 (10) Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) $ 0 Ad Valorem Tax Exemption (Review after CO received for approved development) $ 65 (ee) Re- submittal Fee will be charged on the 3rd and $ 210 (15) subsequent re- submittals (ff) Legal Review of Documents (per document) $ 160 (gg) Applicant's request for Postponement /Continuance (per request) $ 80 (hh) Stand Alone Bars (per request) $ 55 (ii) Automatic Extension Requests (per Senate Bill 360) $ 105 (12) 61) Redevelopment Plan Modification S 2,760 Section 3. That Section 2.4.3, "Submission Requirements ", Subsection (I�, "Fees ", Paragraph (3), "Permit Fees" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 Submission Requirements 4 ORD. NO. 23 -12 (I) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission (3) Permit Fees: Fees associated with permits are applicable per the following, All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a) Shrub Clearing Permit erne sere $100 and $40 20 for each additional acre above one acre (b) Tree Removal Permit: $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -0- (c) Temporary Use, not requiring City $ 150 Commission action (e.g. Tents) {e}(d. Work in the Public Right-of-way {1} je), Renewal /Extension of Permit {g-J� Signs and Signing Application Fee Minimum Permit Fee Pen nit Fee, non - electric Permit Fee, electric Master Sign Permit Fee Master Sign Permit Modification requiring SPRAB action Banner Permit $ 15 $ 150 $ 25 S 25.00 $2 $3/ sq. ft. /face $20 Plus $-2 3/ sq. E /face 150 1 75 $50 each {I}} f4 Permits for new buildings and additions which include all the following items: 1. Building Permit 2. Electrical Permit 3. Plumbing Permit 4. Mechanical Permit 5. Roofing Permit 5 ORD. NO. 23 -12 For permit activity valued at $1,000 or less: -- Minimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: Mlnlmutn fee of $ 50 and $-20—L22 per each additional $1,000 of value, or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor i�) l$ Permits for miscellaneous items such as driveways, fences, reroofs, residential pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of $ 40 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of $ 40 and $-2& 22 for each additional $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor Permits for sub trade work including, but not limited to: 1. Site work 2. Structural Pest Control 3. Underground Fuel Tanks 4. General Construction 5. Subcontracts for General Construction 6. Commercial Public Pool For permit activity valued at $1,000 or less: -- Minimum fee of. $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor 6 ORD. NO. 23 -12 For permit activity valued at $1,001 or more: -- Minimum fee of. $ 50 -- Plus: $-49 S 42 for each $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor { 0 44 Moving of a building or structure: $ 400 �l} kX Demolition of single family residence: $489 $150 for every 3.000 sq. ft. or fraction thereof Demolition of commercial structure: $ 250 for every 5,000 sq. ft. or fraction thereof Demolition of commercial accessory building: $ 150 per building Interior demolition for single family & commercial only; non - structural: $200 { * jj Drilling or Driving a Potable well: $ 70 {rr} .(m� Change -out Permits: A change -out permit is for work by a sub -trade contractor or qualified owner - builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, air - conditioning condenser units, air - handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0- Value of $200 to $1,000: $ 50 Value greater than $1,000 per normal permit {e�412� Certificate of Occupancy: -- $25 for single family & duplex -- $50 for cointnercial & multi - family -- Conditional Certificates: $700 {p} Penalty for failing to call for a final inspection: $ 100 (q} � Penalty where work is begun without a perinit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. 4t All All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and /or clubhouses in residential communities shall ORD. NO. 23 -12 be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. {�} j4 Construction Trailer/ Container: $250 each plus sub trade permits } W Sales Trailer: $750 each plus sub trade permits. {* 4t� Accessory Buildings: Pre -Fab: Up to 36 sq. ft: $50 + $30 per required inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: Up to 36 sq. ft.: $100 + $20 per required inspection 37 sq. ft. and above: $150 + $20 per required inspection {4} 44 Electrical Inspection of Unoccupied Property for Meter Installation: Residential $250 Commercial $300 { } � Electrical "Temp for Test" 30 -day Power Release: Up to 2,000 sq. ft. $100 2,000 sq. ft. to 5,000 sq. ft. $150 5,001 sq. ft. to 50,000 sq. ft. $200 50,001 sq. ft. and over $300 {*_Ov4 Flood Zone Determination $25 per property {y) x� Foundation Only Permit $1,200 single family $2,000 multi - family $3,000 commercial {bhj 4 Early Submission Fee $200 each (pre- certified site plan) {ee}_(z Lost /Replacement Plans $150 plus printing costs z eale2d G'as?•..st*l1atia.. $80 tr:r:.Y_...... �___�_ {e (a, Custom Bathtub Inspection $29A eat S 50 per inspection {##� ,ebb) Open Permit /Property Search $15 per request 8 ORD. NO. 23 -12 {} Cc c Overtime Inspections $100 /hr (4 hr minimum) (dd) Engineer Letter or Affidavit $ 50 per inspection $100 final inspection 4j� (ee) Stocking Permit 250 } Liquor License Review - Business S 100 per Application - Special Event $ 25 per Application Section 4. That Section 6.3.3, "Sidewalk Cafe ", Subsection (A), "Permit and Fees" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 6.3.3. Sidewalk Cafe (A) Permit and Fees: It shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. (1) Each permit shall be effective for one year, from July 1st until June 30th. Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one -half of the cost of the permit fee and the permit shall expire June 30th of the same year. (2) The sidewalk cafe application fee is one hundred fifty dollars ($150.00). The permit fee is x$4-30 Ila per square foot of approved sidewalk cafe space. (3) Renewals of a Sidewalk cafe permit and payment of fees must be submitted and approved on or before July 1" of each year. (4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten - percent (10 %), plus an additional five - percent (5 %) late fee if payment is not received by the first of each month thereafter until paid, provided that the total fee shall not exceed twenty- percent (20 %). If a renewal payment is not submitted by July 1st, the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the permit holder. Section 5. 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 ORD. NO. 23 -12 part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .201 ATTEST City Clerk First Reading Second Reading MAYOR 10 ORD. NO. 23 -12 Coversheet 11 1111% [�7:��1111� TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 23-12 Page 1 of 2 ITEM BEFORE COMMISSION Consideration of a City - initiated amendment to the Land Development Regulation Section 2.4.3 (K)(1) &(3) which outlines the current fee schedules for "Development Applications" and "Permit Fees' as well as Section 6.3.3(A) "Permit and Fees' for Sidewalk Caf6s. BACKGROUND The proposed changes to LDR Section 2.4.3(K)(1) "Development Application Fees" increases the Beach Overlay Review fee from $1,560 to $1,610 to accommodate an increase in the annual renewal of the contract agreement with "Urban Design Kilday Studios' which has been increased by $50.00 from $950 to $1,000 as well as to create a new fee for modifications to approved Redevelopment Plans. Beach overlay review encompasses both internal City review as well as an external review by "Urban Design Kilday Studios ". The $1,610 fee is collected by the City, $1,000 is directly passed through to Urban Design Kilday Studios (UDKS) and the City retains the additional $610 in fees for their internal review. While the creation of a Redevelopment Plan is prepared by City staff, once adopted, modifications to address a specific development proposal are sometimes requested by individual property owners. Such requests involve considerable staff input that includes comparative analysis of land uses, traffic data, development intensities and concurrency evaluation. Such analysis is often akin to the review of a comprehensive plan amendment requiring the preparation of a report to the Planning and Zoning Board and the City Commission. As such a fee of $2,760 is proposed. The amendment also proposes the creation of new building permit fees as well as modifications to certain existing permit fees. The most recent increases in permit fees occurred in September 2009. The proposed fees are based on a comparative analysis of several municipalities including Boca Raton, Boynton Beach, Palm Beach Gardens, Deerfield Beach, Pompano Beach, West Palm Beach and Palm Beach County. Comparatively, the proposed fees are slightly above the mid -range averages of the http:// itwebapp /AgendalntranetBluesheet .aspx ?ltemID = 5729 &MeetingID =381 7/19/2012 Coversheet municipalities surveyed. Page 2 of 2 Finally, the amendment proposes increasing the sidewalk application fee from $4.50 per square foot to $4.75 per square foot of approved sidewalk cafd space. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 18, 2012. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOlYIAWNDATION By motion, approve on first reading Ordinance 23 -12 for a City initiated amendment to the Land Development Regulations Section 2.4.3(K)(1) &(3) and Section 5.3.3(A) regarding proposed increases to certain Development Applications and Permit Fees and increasing the permit fee assessed per square foot of approved sidewalk cafe space by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Ordinance No. 23 -12 Planning and Zoning Board Staff Report of June 18, 2012 http:// itwebapp/ AgendalntranetBluesheet .aspx ?ItemlD= 5729 &MeetingID =381 7/19/2012 PLANNING AND ZONING BOARD STAFF REPORT MEETING OF: JUNE 18, 2012 AGENDA NO: V.E AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K)(1) "DEVELOPMENT APPLICATIONS "; SECTION 2.4.3(K)(3) "PERMIT FEES" AND SECTION 6.3.3 "SIDEWALK CAFE" SUBSECTION 6.3.3(A) "PERMIT AND FEES" TO PROVIDE FOR AN INCREASE IN CERTAIN DEVELOPMENT APPLICATIONS AND PERMIT FEES AND INCREASING THE PERMIT FEE ASSESSED PER SQUARE FOOT OF APPROVED SIDEWALK CAFE SPACE ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to increase the development applications, permit and sidewalk cafe fees pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS This amendment pertains to Section 2.4.3 (K)(1) &(3) which outlines the current fee schedules for "Development Applications" and "Permit Fees" as well as Section 6.3.3(A) "Permit and Fees" for Sidewalk Cafes. LDR Section 2.4.3(K)(1) "Development Applications" The proposed changes include increasing the project review fees for projects located within the North Beach /Seagate and Ocean Neighborhood Overlay Districts; as well as the creation of a new fee for privately initiated modifications to redevelopment plans. Pertaining to projects located within the Beach Overlay Districts, the annual renewal of the contract agreement with "Urban Design Kilday Studios" increases their Beach Property Owners Design Manual compliance review fee from $950 to $1,000. The proposed change correspondingly increases the site plan development review fee from $1560 to $1610. The entire $1,610 fee is collected by the City, $1,000 is directly passed through to Urban Design Kilday Studios (UDKS) and the City retains the additional $610 in fees for their internal review. The proposed amendment also establishes a new fee for modifications to an approved redevelopment plan. The review and analysis associated with redevelopment plan modification necessitates considerable staff input and involves comparative analysis of land uses, traffic data, development intensities and concurrency evaluation. Such analysis is often akin to the review of a comprehensive plan amendment requiring the preparation of a report to the Planning and Zoning Board and the City Commission. As such a fee of $2,760 is proposed. Planning and Zoning Staff Report — June 18, 2012 LDR Text Amendment — Application Fees LDR Section 2.4.3(K)(2) "Permit Fees" The amendment also proposes the creation of new building permit fees as well as modifications to certain existing permit fees. These fees are based on a comparative analysis of several municipalities including Boca Raton, Boynton Beach, Wellington, Palm Beach Gardens, Deerfield Beach, Pompano Beach and Palm Beach County. Comparatively, the proposed fees are slightly above the mid -range averages of the municipalities surveyed. The proposed text changes listed below only identifies the permit fee categories that are being modified: (3) Permit Fees: (a) Shrub Clearing Permit: one above Eg) nSigns and Signing Application Fee, Minimum Permit Fee Permit Fee, non - electric Permit Fee, electric Master Sion Permit Fee Master Sign Permit Modification requiring SPRAB action $100 and $4-0 20 for each additional acre one acre M 25.00 $2 L3/ sq. ft. /face $20 Plus $2 L3/ sq. ft. /face 150 kh)Lc� Permits for new buildings and additions which include all the following items: 1. Building Permit 2. Electrical Permit 3. Plumbing Permit 4. Mechanical Permit 5. Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (9) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 50 and $-2-0 22 per each additional $1,000 of value, or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 leach change of contractor O)L!31 Permits for miscellaneous items such as driveways, fences, reroofs, residential pools, utility sheds, patios, sidewalks, landscaping, irrigation: 2 Planning and Zoning Staff Report — June 18, 2012 LDR Text Amendment — Application Fees For permit activity valued at $1,000 or less: -- Minimum fee of: $ 40 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 40 and $2-9-- 22 for each additional $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor {})Permits for sub trade work including, but not limited to: 1. Site work 2. Structural Pest Control 3. Underground Fuel Tanks 4. General Construction 5. Subcontracts for General Construction 6. Commercial Public Pool For permit activity valued at $1,000 or less: -- Minimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 50 -- Plus: $40 42 for each $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor kgLK Demolition of single family residence: $400 $150 for every 3.000 sg. ft. or fraction thereof Demolition of commercial structure: $ 250 for every 5,000 sq. ft. or fraction thereof Demolition of commercial accessory building: $ 150 per building Interior demolition for single family & commercial only; non - structural: $200 (e) (n) Certificate of Occupancy -- $25 for single family & duplex -- $50 for commercial & multi - family -- Conditional Certificates: $700 (-s) /r Construction Trailer /Container $250 each plus sub trade permits $500 GGMMArGiAl (aa) 'RterieF Build Out (pre permit) Q250 resodemtoal i2M nAmmorniA1 3 Planning and Zoning Staff Report — June 18, 2012 LDR Text Amendment — Application Fees (dd)-- MediGal GaSInStallatinn $80 rn ip m mleach {ee3 (aal Custom Bathtub Inspection $ 200 each $ 50 per inspection -(W (dd) Engineer Letter or Affidavit $ 50 per inspection $100 final inspection R (ee) Stocking Permit 250 ( (ff) Liquor License Review- Business $100 per Application - Special Event $ 25 per Application Section 6.3.3. "Sidewalk Cafe: Finally, the amendment proposes increasing the sidewalk application fee from $4.50 per square foot to $4.75 per square foot of approved sidewalk cafe space. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(M)(5), approval of any LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizens Coalition • Chamber of Commerce Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K)(1) &(3) and Section 6.3.3(A) regarding proposed increases to certain Development Applications and Permit Fees and increasing the permit fee assessed per square foot of approved sidewalk cafe space by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance 4 Proposed Permit Fee - Comparative Analysis Based upon our review, the building permit fee on a $200,000 single family home would be as follows: Delray Beach $4,030 Boca Raton $4,767 Boynton Beach $4,600 Deerfield Beach $3,020 Palm Beach County $2,850 Palm Beach Gardens $2,970 Pompano Beach $5,200 West Palm Beach $4,275 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 1, 2012 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 ORDINANCE NO. 01-12 ITEM BEFORE COMMISSION Page 1 of 2 The item before the City Commission is consideration of a City- initiated text amendment to the Land Development Regulations pertaining to historic preservation matters regarding Board responsibilities and clarification of review criteria. BACKGROUND The primary intent of the LDR Amendments contained within Ordinance 01 -12 is to provide clarification and reorganization of existing language in the LDRs. The affected sections include: • Section 2.2.6, Historic Preservation Board: Clarification and/or reorganization of existing language. • Section 2.4.7(A), Variances: Clarification of procedures for HPB review of variances and provision of criteria utilized by the HPB. Criteria presently located within Section 4.5.1. • Article 4.4, Base Zoning District: Provision of language within each applicable zoning district stating that properties listed on the Local Register of Historic Places are also subject to Section 4.5.1. • Section 4.5.1(C) -(H), Historic Preservation Sites and Districts: Clarification and /or reorganization of existing language pertaining to historic designation procedures, development standards for historic properties, relocation of historic structures, and the Visual Compatibility Standards applied to proposed development. • Section 4.5.1(1), Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness: Repeal of this Section with language appropriately relocated to Section 2.4.6(D). • Section 4.5.1(1), Historic Preservation Board to act on Variance Requests: Repeal of this Section with language appropriately relocated to Section 2.4.7(A). • Sections 4.5.1(K) -(L), Designation of Historic Sites, Designation of Historic Districts: Repeal of these Sections and creation of Section 4.5.1(I), Local Register of Historic Places which combines all properties historically designated either as a district or individually and listed in order of designation. • Section 4.5.1(M), Tax Exemption for Historic Properties: Repeal of this Section and creation of Section 4.5.1(J) through revision and clarification of existing language. http: // itwebapp/ Agendalntranct /Bluesheet.aspx ?ItemID= 5857 &MeetingID =3 84 8/3/2012 Coversheet Page 2 of 2 - Section 4.5.1(1) -(0), Criteria for Change of Historic Designation and /or Clarification, Procedures for Change of Historic Designation and /or Clarification: Repeal of these Sections and creation of Section 4.5.1(K) -(L) through revision and clarification of existing language. All existing language has been provided in the attached Ordinance. Removed language has been struck through, and new language has been underlined. However, those Sections which have been repealed in their entirety are attached to this Report for reference [Sections 4.5.1(I) — (0)]. Repealed language has been relocated to other LDR Sections. REVIICW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 01 -12 at their May 16, 2012 meeting and a recommendation of approval was made. The Planning and Zoning Board reviewed Ordinance 01 -12 at their May 21, 2012 meeting and a recommendation of approval was made subject to three minor revisions to clarify "First Floor Maximum Height", garage door styles, and consideration of laypersons to fill seats reserved for professionals. These changes have been implemented in the attached Ordinance. RECOMMENDATION By motion, approve on first reading, Ordinance 01 -12, a City - initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), with second reading to occur on August 21, 2012. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemlD= 5857 &MeetingID =384 8/3/2012 ORDINANCE NO. 01 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS ", SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD ", SUBSECTIONS (A), "CREATION ", (B), "COMPOSITION AND SPECIAL QUALIFICATION ", AND (D), "DUTIES, POWERS, AND RESPONSIBILITIES ", TO CLARIFY AND AMEND HISTORIC PRESERVATION BOARD DUTIES, POWERS AND RESPONSIBILITIES; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES ", SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF THE LAND DEVELOPMENT REGULATIONS ", SUBSECTION (A), "VARIANCES ", TO CLARIFY THE REVIEW OF VARIANCES BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R -1) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS "; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS ", (F), "DEVELOPMENT STANDARDS ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS" TO SPECIFY THAT ALL PROPERTIES IN A HISTORIC DISTRICT OR INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES ARE SUBJECT TO THE PROVISIONS OF SECTION 4.5.1 AND REVIEW BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS ", SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS ", SUBSECTIONS (B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS" AND (C), "DESIGNATION PROCEDURES ", TO CLARIFY HISTORIC DESIGNATION PROCEDURES; SUBSECTION (D), "REVIEW AND APPROVAL PROCEDURES ", TO CLARIFY APPLICATION PROCESS OF PROPERTIES SUBJECT TO HISTORIC PRESERVATION BOARD REVIEW; AND SUBSECTION (E), "DEVELOPMENT STANDARDS ", TO CLARIFY EXISTING REQUIREMENTS FOR FENCES, PARKING, GARAGES, RELIEF FROM PARKING REQUIREMENTS, AND VISUAL COMPATIBILITY STANDARDS; BY REPEALING SUBSECTIONS (I), HISTORIC PRESERVATION BOARD TO ACT ON APPLICATIONS OTHER THAN CERTIFICATES OF APPROPRIATENESS"; Q), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS ", (Iq, "DESIGNATION OF HISTORIC SITES ", (L), "DESIGNATION OF HISTORIC DISTRICTS "; M, "TAX EXEMPTION FOR HISTORIC PROPERTIES ", (l), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION, AND (0), "PROCEDURE FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLARIFICATION ", AND ENACTING NEW SUBSECTIONS (I), "LOCAL REGISTER OF HISTORIC PLACES ", TO COLLECTIVELY LIST ALL HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED PROPERTIES; AND T, "TAX EXEMPTION FOR HISTORIC PROPERTIES ", TO CLARIFY THE PROCESS FOR TAX EXEMPTIONS ON HISTORIC PROPERTIES; AND AMENDING SUBSECTIONS (I), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION ", AND, (L), "PROCEDURES - FOR CHANGE OF HISTORIC DESIGNATION AND /OR CLASSIFICATION ", TO CLARIFY EXISTING REGULATIONS AND REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and 2 Ord 01 -12 WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 21, 2012 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COM1\4ISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article 2.2, "Establishment of Boards Having Responsibilities For Land Development Regulations ", Section 2.2.6, "The Historic Preservation Board", Subsections (A), "Creation ", (B), "Composition and Special Qualification ", and (D), "Duties, Powers, and Responsibilities ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Creation: A Historic Preservation Board for the City of Delray Beach is hereby created. The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach; ftftd to have a lay body which shall have authority to act on matters pertaining to historic preservation: and to promote certain functional and aesthetic goals, objectives and policies as set forth in the City's Comprehensive Plan, as they relate to the preservation of Delray Beach's historic resources . (B) Composition and Special Qualifications: (1) The Historic Preservation Board shall consist of seven members. (2) Raeh -a At least five seats on the Board must be filled with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The appointing body shall endeavor to appoint as reray many disciplines as possible to the Board. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Laypersons may be considered if there is a lack of applicants to fill the seats reserved for professionals. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. Ord 01 -12 (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) An application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting. l�l��l� l•!Y••It.��l ��_ . y, rA l�:�t:l:••��t�.9 �e.�ll �� - - - - _ - _ _ ' Will - -- - MUNI -. - __- .. - -_ - -. -- -- -- .• FR%n now - mr- — .... . ...... l�l��l� l•!Y••It.��l ��_ . y, rA l�:�t:l:••��t�.9 �e.�ll �� - - - - _ - _ _ Ord 01 -12 ' Will - -- - MUNI -. - __- .. - -_ - -. -- -- -- Ord 01 -12 Ord 01 -12 I ON 0 MEN 111-1 Ord 01 -12 I ON 0 Ord 01 -12 Historic Pr-esemation Board and approval by the Gonamissiatt. U Duties, Powers, and Responsibilities: The following duties, powers, and responsibilities shall be carried out by the Historic Preservation Board: (1) Act as a regulatory body on all development aptilications and Certificates of Appropriateness, as specified in Section 2.4.6a for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1), and subject to processing under Section 2.4.5. (2) Act in lieu of the Board of Ad justrnent to grant variances pursuant to Section 2.4.7(A) for properties located within a Historic District or for Individuall y Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I). (3) Grant variances from Section 4.6.7, Signs, for those nonconforming signs which existed at the time of enactment of Ordinance 51 -75, adopted on December 8. 1975. (4) Grant relief to Section 4.6.16, Landscape Regulations, through the waiver process. (5) Grant relief from the number of parking spaces required for specific uses pursuant to Section 4 6 91F1f1) (' Make recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, and to the Chief Building Official concerning building code amendments, as they apply to Historic structures and districts. (7) Act as a regulatory body to approve, den. or modify a Master Development Plan for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I). f8� Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and /or located within historic districts. Such guidelines will be subject to review by the Planning and Zoning Board, and will be subject to apUroval by the Commission. (9) Develop. maintain, and update survey reports of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey report as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate all Ord 01 -12 survey reports. The Board will work with the Delray Beach Historical Society_ the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining the survey reports. (10) Nominate buildings. sites. and districts for historic designation on the Local Register of Historic Places. (11) Nominate and participate in the listing of buildings, sites_ and districts on the National Register of Historic Places. (12) Make recommendations to the City Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (13) Increase public awareness of the value of historic preservation by developing. conducting, an d participating in Public education programs. (14) Make recommendations to the City Commission concerning the use of grants and City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (151 Evaluate, comment upon, and make recommendations to the City Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites. historic sites, and historic districts. (16) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant buildings and structures for which demolition is proposed. (17) In the name of the City, and only with the express approval of the City Commission, seek apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. (18) Make recommendations to the City Commission, by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing 12art of all City planning and zoning codes, the City Future Land Use Plan, and any comprehensive use planning required by this state. (19) Advise the City Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites. (20) Execute any other functions relevant to the duties, powers and responsibilities of the Board regarding historic preservation planning programs and policies which may be approved by ordinance or resolution of the City Commission. Section 2. That Article 2.4, "General Procedures ", Section 2.4.7, "Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations ", Subsection (A), "Variances ", of the Ord 01 -12 Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Variances: A variance is a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of the actions of the landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship. (1) Rule: A variance shall be granted only by the Board of Adjustment, or the Historic Preservation Board, and only for relief from regulations estftbh9hed listed in Section 2.2.4p), Powers of the Board of Adjustment. The Historic Preservation Board shall act on all variance requests within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustment. (2) Required Information: The following information including the appropriate processing fee must be provided for consideration of a variance: * W Standard Application Items pursuant to 2.4.3(A); * jX A petition or application setting forth the requirements, with reference to code section, for which the variance is sought along with the basis for the associated hardship (a standard form petition " issued by the Chief Building Official shall be used for requests heard by the Board of Adjustment and a Variance Application from the Planning and Zoning Department shall be used for requests heard by the Historic Preservation Board.) (3) Process: A request for a variance shall be processed in the following manner: t � Receipt and certification as to completeness; f b�-Consideration at a public hearing before the Board of Adjustment or Historic Preservation Board; fc All actions are final unless an appeal is filed. Appeals to actions of the Board of Adjustment may be filed with the Circuit Court of Palm Beach County. Appeals to actions of the Historic Preservation Board may be filed with the City Commission. (4) Conditions: The revi oard may prescribe appropriate conditions and safeguards, in conformity with existing regulations, to provide mitigation of any adverse impacts associated with a required finding. Violations of such conditions or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of existing ordinances and punishable under Section 1.4.4. (5) Findings: The following findings must be made tae the fauawing findings prior to approval of a variance: Ord 01 -12 (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, {� That the granting of the variance will be in harmony with the general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (61 Alternative Findings of the Historic Preservation Board: The Board may be guided by the following to make findings as an alternative to the criteria above: (mil That a variance is necessary to maintain the historic character of property and demonstrating that the granting of the variance would not be contrary to the public interest, safety, or welfare. (61 That special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, ppurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Iistoric Places. ((cc) That literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. Idl That the variance requested will not significantly diminish the historic character of a historic site or of a historic district. Ord 01 -12 (el That the requested variance is necessary to accommodate an appropriate adaptive reuse of a historic building, structure, or site: Section 3. That Article 4.4, `Base Zoning District", Section 4.4.3, "Single Family Residential (R -1) District", Subsections (E), "Review and Approval Process ", (EF), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(D or (I), as applicable. (4) Within the North Beach /Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences, and additions and renovations that exceed 50% of the square footage of the existing structure must be reviewed in accordance with the Beach Property Owners Design Manual, pursuant to the site plan processing schedule provisions of Section 2.4.8. (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(�I is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) North Beach /Seagate and Ocean Neighborhood Overlay Di, Overlay In addition to the provisions of Section 4.3.4(I -), properties located within the North Beach /Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Lake Ida Neighborhood Overlay District: In addition to the provisions of Section 4.3.4N, properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: (a) Maximum Lot Coverage: 1. Forty percent (40 %) for one story houses 10 Ord 01 -12 2. Thirty percent (30 %) for multi -story houses (b) The maximuin Floor Area Ratio is .35 for a multi -story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy -five percent (75 %) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi -story homes in the R -1 -AA zoning district shall be M enty -five feet (25') for the front yard and fifteen feet (15') for the rear yard. (e) Minimum setback for multi -story homes in the R -1 -AAA and R- 1 -AAAB zoning districts shall be thirty feet (30') for the front yard and seventeen feet (17') for the rear yard. (f) Additional landscaping required for both new multi -story houses or additions to existing multi-story houses shall be as follows: New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5' of the minimum required setback lines. The intent of the requirement is to soften and screen the upper story addition and shall generally consist of additional vertical landscaping which would include fourteen foot (14� shade trees or eighteen foot (18) Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. (g) First Floor Maximum Height: 1. Single -story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). b. Any portion exceeding the dimensions described in Section 4.43(F)(2)(g)1.a. above shall be considered multi -story structures. (h) Upper Story Height: 1. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12�. 11 Ord 01 -12 (3) Carver Square Brownfield Area Development Standards: The following development standards apply to properties located in the Carver Square Brownfield Area (Resolution No. 20 -07 - Carver Square Lots 11 -30). (a) Setbacks: (1) Front: 20' (2) Side (Street): 10' (3) Side (Interior): 7.5' (4) Rear 10' (b) Setbacks for Garages, Carports and Porte- Cocheres: Required parking is not allowed in the front or street side setback. Garages, carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street. or alley. (c) Potch Encroachments: Front porches may extend 5' into the front or side street setback . and cannot be enclosed in any manner. (4) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4. properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 1), are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below. (1) North Beach /Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4(1), properties located within the North Beach /Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Carver Square Brownfield Area: Within the Carver Square Brownfield Area (Resolution No. 20 -07 - Carver Square Lots 11 -30), all irrigation must be connected to a City water system and the provision of irrigation from a well system is prohibited. (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1). shall comply with the Visual Compatibility Standards of Section 4.5.1 E=(W. Section 4. That Article 4.4, `Base Zoning District", Section 4.4.5, "Low Density Residential (RL) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: 12 Ord 01 -12 (E) Review and Approval Process: (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) New hinultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant the provisions of Section 2.4.5(F), 2.4.5(H), and (I)- unless it is a property located within a Historic District or Individually Designated Sites_ as listed on the Local Register of Historic Places in Section 4.5.1(Il. (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.50) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). () Any development of properties located witlyn a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1.) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). (F) Development Standards: (1) The provisions for the R-1 -A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi- family development. l In addition to the provisions of 4.3.4,�roperdes located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1.), are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 I{�, shall comply with the Visual Compatibility Standards of Section 4.5.1 Section 5. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: 13 Ord 01 -12 (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) New NUultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (I)— unless the property is located within a designated historic district of is individually designated. (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.50) or (Iq, as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I, is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). (F) Development Standards: (1) The provisions for the R -1 -A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi- family development, except as modified herein (3) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area Development Standards: The following development standards apply to duplex and multi- family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family /Workforce Housing ". (a) Setbacks: (1) Front: (2) Side (Street): (3) Side (Interior) (4) Rear: 15' 15' 1 and 2 story 10' 3 story 15' 10' (b) Setbacks for Garages, Carports and Porte- Cocheres: Garages, carports and porte- cocheres must have a minimum 20' setback when the entrance faces a public street or alley. 14 Ord 01 -12 (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot occupy more than 50% of the building frontage and cannot be enclosed in any manner. Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1. are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RM zone district. (1) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area: The following supplemental district regulations shall apply to duplex and multi - family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family /Workforce Housing ". (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on -street parking must be provided. (2) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(2), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for an occupational license. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(1-1), and 2.4.5(1): unless the property is located within a designated historic district or is individually designated. (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) Applications for conditional use approval pursuant to Section 4.4.13(2) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, 15 Ord 01 -12 and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. (5) The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: (a) Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. (6) All development applications which are processed through the Planning and Zoning Board, e& SPRAB. or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. () Ay development of properties located within a I Estoric District or Individually Desibnated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I ) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6p). (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below. In case of conflict with other applicable development regulations, this Section shall apply: (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.40). (a) Overall Height of buildings shall be a minimum of twenty -five feet (25D and a maximum of forty -eight feet (48') in height. Exceptions to the height limitations shall comply with Section 4.3.40)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. (c) Floor Height shall be a minimum of ten feet (10� for ground floors and a minimum height of nine feet (9') for all other floors. Hotel /Motel and all suite lodging shall have a minimum floor height of eight feet six inches (8'6'� for all floors, provided that the lobby and all public rooms shall have a minimum floor height of ten feet (10'). All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. 16 Ord 01 -12 • A 0 f f widtiff Notwithstanding the pievisions of this . f (2) Open Space: A minimum of 10% non - vehicular open space shall be provided, except as follows: Q There shall be no minimum open space requirement within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2x, within the Pineapple Grove Main Street area, or east of the Intracoastal Waterway, (b) The body acting ution a development application for a property within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. (3) Building Frontage: (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the minimum required front and rear setbacks. (d) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (4) Front Setbacks: (a) The following minimum front setbacks shall apply in all districts: 1. For buildings with residential uses on ground floor: ten feet (10� 2. For buildings with nonresidential uses on the ground floor: five feet (5') 3. For arcaded buildings fronting on A -1 -A or on Atlantic Avenue within the West Atlantic and Beach Area districts: zero feet (0') 17 Ord 01 -12 (b) In addition to Section 4.4.13(F)(4)(a) above, for buildings fronting on A -1 -A, Atlantic Avenue in the West Atlantic Neighborhood and Beach Districts, and on NE and SE 5th and NE and SE 6th Avenues: LOWER LEVELS - Ground floor to thirty -seven feet (37'): A minimum of seventy percent (70 9/6) and a maximum of ninety percent (90 9/6) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be setback a minimum of fifteen feet (15� from the property line. 2. UPPER LEVELS - above thirty -seven feet (37') to forty -eight feet (48�: At least seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. Tlie floor area for each floor contained within the portion of the structure that is thirty -seven feet (37') to forty -eight feet (48') in height shall not exceed seventy percent (70 9/6) of the floor area contained within the allowable ground level footprint. (c) In addition to Section 4.4.13(F)(4)(a), above, for buildings fronting on other rights -of -way in the CBD: 1. LOWER LEVELS - Ground floor to twenty -five feet (25'): A minimum of seventy percent (70 %) and a maximum of ninety percent (90 9/6) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. 2. UPPER LEVELS - above twenty -five feet (25') to forty -eight feet (48�: At least seventy percent (70 9/6) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty -five feet (25') to forty -eight feet (48� in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. (d) In addition to Section 4.4.13(F)(4)(a), above, where allowed: UPPER LEVELS — above forty -eight feet (48�: At least ninety percent (90 %) of the frontage shall be set back a minimum of thirty feet (30') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that exceeds forty - eight feet (48') in height shall not exceed fifty percent (50 9/6) of the floor area contained within the allowable ground level footprint. 18 Ord 01 -12 (e) Exceptions: 1. Three (3) story town homes having residential uses on all three levels are not required to comply with upper level frontage and floor area requirements. Ground floor frontage and setback requirements shall apply. Each story shall not exceed twelve feet (12') in height. 2. Modifications to the frontage requirements may be permitted to accommodate stair towers, elevator shafts, life and safety elements, other non - habitable elements of the structure, sight visibility triangles, vehicular access ways, and utilities. In all cases the modification shall be the minimum required to accommodate the necessary feature. 3. Lots of record with a width of fifty feet (50') or less shall be exempted from the building frontage requirements provided a minimum five foot (5') to maximum ten foot (10') setback is provided for the portion of the building from finished grade to twenty -five feet (25� in height and a minimum fifteen foot (15') setback is provided above a height of twenty -five feet (25') and above forty -eight feet (48') a thirty foot (30') minimum setback from the property line shall apply. 4. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. 5. Parking garages, subject to minimum front and street side setbacks of ten feet (10'), and a minimum setback of five feet (5') from any alley right of way. Parking garages must comply with the requirements of Section 4.6.18(B)(14)(vi)(4). 6. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. (i} Supplemental: The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right -of -way. 2. Building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. 3. Arcades shall have a minimum width of ten feet (10'), inclusive of columns or pilasters up to a maximum width of two feet (2'}. 19 Ord 01 -12 (5) Side Interior Setbacks for all buildings shall be as follows: (a) Zero feet (0� from the property line if there is vehicular access available to the rear of any structure, or (b) Ten feet (10') from the property line where no vehicular access is available to the rear of any structure. For a side interior lot, a ten foot (10� setback is required only on one (1) side. (c) Buildings shall also comply with Section 4.6.4(A), as applicable. (6) Side Street Building Frontage and Setbacks (a) Side street setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (b) Side street building frontage and setbacks shall comply with the applicable requirements in Section 4.4.13(F)(4). (c) Corner lots may continue primary frontage setbacks for a distance of sixty feet (60') from the front property line or if a dedication is required from the resulting property line after dedication. (7) Rear Setbacks (a) All building floors shall be a minimum of ten feet (10') from the property line. (b) Buildings shall also comply with Section 4.6.4(A), as applicable. (8) Structures Allowed Within Setback (a) Balconies may encroach a maximum of four feet (4') into the setbacks. (b) Loggias and Trellises above the ground floor are allowed to encroach into the setbacks provided they do not exceed the required building setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4'). (9) Historic Districts, Sites, and Buildings: In addition to the above, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(11_ are subject to the provisions of Section 4.5.1. 20 Ord 01 -12 (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Cote and Beach Area supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(0) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Subsection 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per'300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi - family structures and mixed -use buildings shall be as follows: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: 21 Ord 01 -12 - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces /unit - for units 51 and above 0.20 spaces /unit 44 Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. 141 Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. *jZ The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right - of -way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and /or reconstruction of non - conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Sig (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non - residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, 22 Ord 01 -12 and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If it is impossible or inappropriate to provide required parking on site or off -site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. {t} Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. £t. of net floor area. (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 a), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)f81. Section 7. That Article 4.4, `Base Zoning District", Section 4.4.17, "Residential Office (RO) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All residential uses allowed as a principal use or accessory use thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) Fed! n e New development or modifications of existing development, with the exception of single - Family residential, must be approved by the Site Plan Review and Appearance Board, pursuant to Sections 2.4.5(F), y)- unless it is a nronerty located within a Historic District or Individuallv Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) The creation of a new lot for the purpose of building a single family residence or establishing a principal use on its own parcel required platting pursuant to Section 2.4.5a) or (K), as applicable. (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1 (1) is subject to review by the Historic Preservation Board. pursuant to Section 2.2.6(D). 23 Ord 01 -12 (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply. (2) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, 12roperties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1), are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business, medical, and professional offices shall be at the standard of one space per three hundred square feet of net floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site. (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1 (1), shall comply with the Visual Compatibility Standards of Section 4.5.1=(=. Section 8. That Article 4.4, `Base Zoning District ", Section 4.4.21, "Community Facilities (CF) District", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) In established structures, principal and accessory uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Historic Preservation Board or the Site Plan Review and appearance Board pursuant to Sections 2.4.5(F), 2.4.5(1-1), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(E). (4) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(1 ) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). 24 Ord 01 -12 (F) Development Standards: a-s guidehnes f6r site develapmeftt. Vvq-±ile de-eiatiorts &-em these stftitdards are allowed, eezeh deviation tmftst be speeifie*Uy ftppi!fwed by the Histarie -Presei-vation Board ai- the Site Plait Review ftttd Appeftrftftee Beg 41,1 The development standards as set forth in Section 4.3.4 shall apply. 424 Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I). are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following supplemental district regulations shall apply in the CF District.. (1) Medical Arts Overlay District: The following supplemental district regulations apply to the Medical Arts Overlay District, as defined in Section 4.5.18. (a) In addition to the uses listed in 4.4.21(B), the following uses are allowed as permitted uses: Institutional uses, such as: Non - residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including residential care. (2) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(EE)(8). Section 9. That Article 4.4, `Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsections (E), "Review and Approval Process ", (F), "Development Standards ", and (G), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All principal uses and accessory uses thereto, which do not require a permit shall be allowed upon application to, and approval by, the Chief Building Official. (2) Structures which require a building permit for external work must receive approval from the Historic Preservation Board, or the Director of Planning and Zoning or designee, as applicable, through the issuance of a Certificate of Appropriateness. 25 Ord 01 -12 (3) For new development, or a change in use which results in the requirement to provide additional parking, approval must be granted from the Historic Preservation Board pursuant to Sections 2.4.5 (F), (H), and (1). (4) Conditional uses must be approved pursuant to Section 2.4.5(E). Prior to action by the Planning and Zoning Board, the conditional use request must be reviewed by the Historic Preservation Board with a recommendation forwarded to the Planning and Zoning Board. (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except as modified below: (1) The following locations shall be subject to the development standards of the Conunercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.40)(4): (a) Lots 1- 7 and 19 -24, Block 69 (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District; (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential -type inn developments, shall be permitted to—.connect adjacent on -site buildings using all- weather, covered walkway, that are constructed of not less than seventy percent (70 %) vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than fifteen (15) feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein. (2) All properties located within the Old School Square Historic District and are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off - premises view by a hedge or decorative fencing. (4) Parking Requirements: (a) All non - residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to non - residential use. This requirement may be reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and non - residential use in the same structure. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use. (c) Residential -type inns shall provide one parking space per guest room /unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. (5) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Section 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. 2'7 Ord 01 -12 (6) When the parking requirements of Seet at 4.6.9(G) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (7) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(Il. shall comply with the Visual Compatibility Standards of Section 4.5.1 (81 Section 10. That Article 4.5, "Overlay and Environmental Management Districts ", Section 4.5.1, "Historic Preservation Sites and Districts ", Subsections (B), "Criteria for Designation of Historic Sites or Districts ", (C), "Designation Procedures ", (D), "Review and Approval Procedures" and( E), "Development Standards" of the Land Development Regulations of the City of Delray Beach shall hereby be amended to read as follows: Section 4.5.114isferie Preservation Sites and Disfr -: Historic Preservation: Desib ated Districts, Sites, and Buildings. (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13 -87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. (B) Criteria for Historic Designation of Hiss rzie Site Districts, Sites, and Buildings: (1) To qualify as a historic site, historic district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups. of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3) (b) and (3) (d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; 28 Ord 01 -12 (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3) (b) and (3) (d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the Interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. (C) Designatieff.Procedures for Historic Designation: (1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section 4.5.1(B) may be designated as historic sites or districts, and txaybe listed on the Local Register of Historic Places. (2) Nominations for historical site or district designation shall be made to the Historic Preservation Board on an application form developed and approved by the Board. 29 Ord 0142 (a) Nominations for historic site status may be initiated by: (1) The Historic Preservation Board; (2) The City Commission; or (3) The property owner. (b) Nominations for historic district status may be initiated by: (1) The Historic Preservation Board; ,at (2) The City Convnission:.; or (3.) The property owner (s). (3) The Board shall ...nduet _ A preliminary evaluation of the information provided on each nomination application shall be conducted by the Historic Preservation Planner to determine if it generally conforms with historic status criteria. 4he Baftrd shft4 then prepftre ft A designation report shall then be prepared which ehft4 contains the following: (a) Proposed legal boundaries of the historic building, archaeological site, structure, or district; (b) *Any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, parking, and minimum lot size; (c) Analysis of the historic significance and character of the nominated property; and (d) AAnalysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic, or historic significance. (4) A public hearing before the HPB shall be set. and. - Nnotice of said hearing shall be made to the owner of affected property at least ten days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1)(b) is not required. (5) After conducting the public hearing, if the Historic Preservation Board fittds that the nafttiitafian shall vote on the designation. A majority of the entire Board, present and voting, must act in the affirmative to the ttaffiinftfi approve the designation. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures;, e-xeept dtftt it least d-Aee tie- =gates of the Git y is— rreeessfxf- te- -xia]. 30 Ord 01 -12 ,(6) After eandueting the publie hearing, if the I-fistarie Pifeservation Boatd does ftet &d thai th-e request fi .—ft, na fitfther- ftefian wiR be fequked ftfid the request will be deemed denied. However, an Appeal may be filed and pi-eeessed pursttafft to Seetieft 2.4.7EF), (7) The Board will issue an official "certificate of historic significance" to the Owner of owner Qs of properties 4sted which are individually designated or classified as contributing to a historic district listed on the Local Register of Historic Places, as identified in Section 4.5.1(I)_'T' = '- ' -_ -t =° �_ = ~as (D) Development Review and Approval Procedures: Distrief or designated fts ft Historic Site ne development order shaH be issued Without &-st obtairAftg a Pursuant to Section 2.4.6(H). approval of a Certificate of Appropriateness (COA) must be obtained from the Historic Preservation Board prior to the exterior improvement of any 1=12efty, building. or structure located within a Historic District or Individually Designated Site, as listed on the Local Register of Historic Places in Section 4.5.1(1), The COA process may occur concurrently with the processing of any additional reviews required for any such improvement of development. (E) Development Standards: All new development or exterior improvements °_a ,a,___ _r W on individually designated historic properties and /or properties located within historic districts, whether , shall comply with the goals, objectives, and policies of the Comprehensive Plan, , the Delray Beach Historic Preservation Design Guidelines, aftd the Secretary of the Interior's Standards for Rehabilitation..., and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) Major and Minor development: For the purposes of this section, major and minor development standards shall be applied as noted in the following table: 31 Ord 01 -12 Review Type by Use and Zoning District Modification of Modification of Non - Zoning Use New Contribut' Structures Contributin Structures District Construction Under 25% Over 25% Under 25% Over 25 %, CBD CF Multi-Family Minor Minor Minor Minor Minor & Non - Residential Minor Minor Minor Minor Minor R -1 -A, R -1- Single Major Minor major Minor Major AA, RO, Famil /Du lex OSSHAD, Multi-Family .Major Minor Major Minor Major" RL, & RM, Non - Residential Major Minor Major. I Minor Major. Notes: 1. All development on individually designated properties in all zoning districts is Minot 2. All development on properties in the OSSHAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12) is Minor. (a) For the purposes of this section, "residential' includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district. (b) Major development shall be considered: New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD subject to GBD design gttidehaes Development Standards of Section 4.4.13(F); or, 2. The construction, reconstruction, or alteration of a building in excess of twenty -five percent (25 %) of the existing floor area of the bt�lding, and all appurtenances, except for properties zoned CBD, er CF. Rtad propei-ties- zetted or OSSHAD, subject to GBB design guidel Development Standards of Section 4.4.13(F1. For the purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing contributing residential or non - residential structure and all appurtenances, except for properties zoned CBD, er CF, ftftd properties Pefte orOSSHAD, subject to Development Standards of Section 4.4.114. (c) Minor development shall be considered: 32 Ord 01 -12 1. r4$-f }New construction in all historic districts on property zoned CBD, xttd-CF, as well as aH r OSSHAD marted dist±iet subject to the Development Standards of Section 4.4.134L or, 2. 1Vlodifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD, aftd-CF, r OSSHAD subject to the GBP desigft gttideliftes Development Standards of Section 4.4.131F1: or, 3. The construction, reconstruction, or alteration of any part of the front fagade of an existing noncontributing residential or non - residential structures and all appurtenances; or, 4. The construction, reconstruction, or alteration of less than twentv -five percent (25 %) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5. Any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: The provisions of Section 4.6.5 shall apply. except as modified below: a. Chain -link fences are discouraged. When permitted, chain -link fences shall be clad in a green or black vinyl and shall only be used in rear yards where they are not visible from the a public right of waystfzeet, even when screened by a hedge or other landscaping, b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand -alone appearance. C. Fences and walls over four feet (4� shall not be allowed in front or side street setbacks. 33 Ord 01 -12 d. Non - historic and /or synthetic materials are discouraged, particularly when visible from a public right of way-. e. Decorative landscape features, including but not limited to, arborsLpergolas, and trellises shall not exceed a height of eight feet M within the front or side street setbacks. Garages and Carports: of res-Ar -514-q.-Fl —Fqi—qt-. —Rf view fiom the pttbhe right of way. llawevei, if this is ne majority of stteh stmet-di-es within the distrie a. Garages and carports are encouraged to be oriented so that they may be accessed from the side or rear and out of view from a public right of way. b. The orientation of garages and carports shall be consistent with the historic development pattern of structures of a similar architectural style within the district. c. The enclosure of carports is discouraged. When permitted, the enclosure of the carport should maintain the original details. associated with the carport, such as decorative posts, columns, roof planes, and other features. d. Garage doors shall be designed to be compatible with the architectural style of the principal structure and should include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged: however, if options are limited and metal is proposed, the doors must include additional architectural detailing appropriate to the building (b) Parking: 34 Ord 01 -12 parkiftg. Parking lets areas shall strive to contribute to the historic nature of the properties /districts in which they are located by use of creative design and landscape elements to buffer parking areas from adjacent historic structures. At a minimum, the following aptierzs criteria shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the 1--public right-of-way with fencing, landscaping, or a combination of the two pursftant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e._ Use appropriate materials for driveways, stick as eenefete peaf..a - °_'_'b ns. f. Avoid wide diiFeways and --i•-- lar d Driveway Me and design should convey the historic character of the district and the property. 2. Where feasible, and appropriate, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(Q( -8) and /or 4.6.9=. as applicable, shall be explored to avoid excessive use of historic properties and /or properties located in historic districts for parking_ 3. In accordance with Section 4.6.9(F)(1). the Historic Preservation Board may reduce the parking requirement when. upon receipt and special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use. (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. 35 Ord 01 -12 (6) Relocation. (a) Relocation of a historic buildings armor structures, whether contributing, non - contributing, or individually designated, to other another sites shall not take place unless it is shown that their preservation on the existing or original sites is not consistent with the following: 1. it is shown that preservation on their existing or original site would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (q; or, 2. a building permit has been issued for the Historic Preservation Board approved redevelopment. (b) All structures approved for relocation and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application. (7) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether contributing or non- contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a) -(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E) (2) (a), shall also be determined through application of the following: 36 Ord 01 -12 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: Single -stogy or first floor limits shall be established b3 i.-a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii:b. Mean Roof Height shall not exceed eighteen feet (18�. iii-.e. If Aany portion of the building emeeeding exceeds the dimensions described in i--d a. and b. above, the building shall be considered —a multi-story structures. i-,,–d. See illustration below: tee. Sections i. ftnd a., b., and c. above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story HeightW: Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12.' . (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing 37 Ord 01 -12 historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and /or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and /or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60 %) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty -five (65) feet or less in width are exempt from this requirement. 38 Ord 01 -12 b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' -15' side yard setbacks = 25). c. Any part or parts of the front facade may be used to meet this requirement. d. See illustration below: e. I£ the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50 %) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50 %) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' - 25' front yard setback - 10' rear setback = 25�. b. Any part or parts of the side facades may be used to meet this requirement. C. See illustration below. d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 3. Porches may be placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and /or railings. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 39 Ord 01 -12 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by I-DR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E) (8), incentives for development shall include the following: (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open air spaces limited to: first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration below); and (b) Front Elevation: Up to twenty five percent (25 %) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35�, provided twenty five percent (25 %) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18') along the front elevation(s). See illustration below. Section 11. That Article 4.5, "Overlay and Environmental Management Districts ", Section 4.5.1, "Historic Preservation Sites and Districts ", Subsections (1), Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness ", Q), "Historic Preservation Board to Act on Variance Requests ", (Iq, "Designation of Historic Sites ", (L), "Designation of Historic Districts ", (M), "Tax Exemption for Historic Properties ", (N), "Criteria for Change of Historic Designation and /or Classification", and (0), "Procedures for Change of Historic Designation and /or Classification ", shall be repealed in their entirety and new Subsections (I), Local Register of Historic Places ", 0), "Tax Exemption for Historic Properties ", (Iq, "Criteria for Change of Historic Designation and /or Classification ", (L), "Procedures for Change of Historic Designation and /or Classification ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be enacted to read as follows: 40 Ord 01 -12 X Local Register of Historic Places: The following Historic Districts. Sites. and /or Buildings are hereby affirmed or established: (1) NASSAU PARK HISTORIC DISTRICT which consists of Lots 2 -19 of Nassau Park, as recorded in Plat Book 16,12age 67 of Palm Beach County, Florida; Lots 1 -12 of Wheatley Subdivision, as recorded in Plat Book 16,12age 98 of Palm Beach County. Florida; and Block E. Lot 4 and Block F. Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County. Florida. (Original designation by Ordinance 97 -87 adopted on January 12. 1988) (2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south one -half of Block 57 and Blocks 58 -62, Blocks 65 -70, the west half of Blocks 74 and 75, and Lots 1 -6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3. Palm Beach County Records. (Original designation by Ordinance 1 -88 adopted on February 9, 19881. (3� DEL -IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL -IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9 -88 adopted on March 22,198W J4) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84. Delray Beach, Palm Beach Count,.(Original designation by Ordinance 102 -88, August 23, 1988, Note: In 1991, the structure was relocated outside of the City of Delray Beach.) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East. City of Delray Beach Original designation by Ordinance 119 -88, October 11. 1988 (6) MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n /k /a Delray Beach according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach Counter. Florida); Together with Lots A, D, E and F. Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County. Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C. Riker Square, according to the Plat thereof. recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12. inclusive. Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Pale 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118. Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2. Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126. Town of Linton n /k /a Delray Beach, according to the Plat thereof. recorded in Plat Book 11, Page 4 of the Public Records of 41 Ord 01 -12 Palm Beach County. Florida, Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126. Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, Together with Lots 1 to 8, inclusive_ and Tracts A and B. Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R /WS, Gracey -Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida. Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20. Page 27 of the Public Records of Pahn Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R /W), Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County. Florida; together with Lots 1 and 2. Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto, Block 120, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County. Florida; Together with Lots 1 to 3. inclusive, and the North 20 feet of Lot 4. Block 128, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 156 -88 adopted on December 20, 1988; Amended by Ordinance 38 -07, February 2.2008; Amended by Ordinance 10 -09, March 17, 20091 (7) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County. (Original Designation by Ordinance 162 -88, January 10. 1989.) (8) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16 -89, Al2ri111, 19891 (9) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28. Delray Beach. (Original designation by Ordinance 17 -89, April 11. 1989) (1) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5. Block 27, Delray Beach (,Original designation by Ordinance 18 -89, April 11. 1989) (11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1. Block 28, Delray Beach (,Original designation by Ordinance 19 -89, April 11, 1989 (12) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach Original designation by Ordinance 20 -89, April 11, 1989), (131 FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South Half of Lot 4 leg West of State Road A1A,_(less the West 435.5 feet thereof, less the West 25 feet thereof for road Right - 42 Ord 01 -12 of-way), that part of the South 10 feet of Lot 3 and the North Half of Lot 4 lying West of State Road A1A (less the West 25 feet thereof for road Right -of -way), and Lot 3 (less the South 10 feet thereof, less the West 25 feet thereof for road Right -of -way) (less Right -of -way of State Road A1A, missing from original description) of Block E. Revised Plat of Blocks D and E. Palm Beach Shore Acres, Delray Beach, Palm Beach County. Florida as Recorded in Plat Book 7. Page 38, of the Public Records of Palm Beach County_ Florida. And that part of the South 10 feet of Lot 3 lying East of the Right -of -way of State Road A1A. (Original designation by Ordinance 70-89, October 24, 1989: Amended by Ordinance 43 -11, December 6. 2011.) (14) THE SCOTT HOUSE_ 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15. Subdivision of the Fractional East Half of Section _16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17 -90, May 22, 1990). (15) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18. Alley South of Lot 18_ East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5. 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. Original designation by Ordinance 22 -91, March 26. 1991 (16) MILTON -MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5. 14 and 15, Block 106, Delray Beach, formerly Town of Linton. Palm Beach County, Florida. Original designation by Ordinance 68 -94, October 18. 1994.) (171 SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7_ Block 19, Delray Beach. formerly Town of Linton. Palm Beach County, Florida. (Original designation by Ordinance 08 -95, February 7, 1995.1 (18) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5"' Avenue, DcIM Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5I' Avenue) .(Original designation by Ordinance 09 -95, February 7. 1995; amended by Ordinance 29 -02, fly 16, 2002. (191 THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach. formerly Town of Linton. Palm Beach County, Florida. (Original designation by Ordinance 27 -95, J21ne 6 1, 915.1 (20) THE HISTORIC BUNGALOW. 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton. Palm Beach County. Florida. (Original designation by Ordinance 28 -95. June 6. 1995.) 43 Ord 01 -12 (21) THE BLANK HOUSE, 85 S.E. 6th Avenue; located on Lots 12. 13, and 14, Block 117, Delray Beach. formerly Town of Linton. Palm Beach County, Florida. Original designation by Ordinance 29 -95, June 6 1995. j22) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County. Florida. (Original designation by Ordinance 57 -96, December 3, 1996.), (231 WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43, N.W. 3rd Avenue between N.W. 1st Street and the east -west alley of Block 36. The southern boundary is N.W. 1 st Street between N.W. 3rd Avenue and the alley in Block 43: the east -west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north -south alley and the eastern one -half (1 /4 of the block south of the alley of Block 19, the north -south alley in the north half of Block 20. (Original designation by Ordinance 6 -97, February 18, 1997, Amended by Ordinance 38 -07, February 5, 2008). (24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida: more Particularly described as the East '/2 of Lot 12, Section 8- 46 -43, Delray Beach, Palm Beach Count, Florida. The chapel is the only building in the church complex receiving an historic designation. Tlie church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. (Original designation by Ordinance 26 -97, July 1, 1997.). (25) THE TURNER HOUSE, located at 145 N.E. 6th Avenue. Delray Beach, Florida: more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R /W. Lots 6 & 7. less the West 5 feet SR R /W. of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. Original designation by Ordinance 46 -97, November 18, 1997.) (261 THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida, more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach Count, Florida. Original designation by Ordinance 12 -98, March 3. 1998.) (27) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY_BEACH, located at 36 Bronson Street, Delray Beach. Florida; more particularly described as Lots 16, 17. 18 and 19. Block 3. Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46 -99, November 16,1999.) (28) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach. Palm Beach County, Florida. (Original designation by Ordinance 18 -00, August 15. 20001 44 Ord 01 -12 (29) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8`'' Street Bridge. (State Structure #930026). located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County. Florida. (Original designation by Ordinance 19 -00, August 15, ZQQO (30) THE WATER HOUSE, located at 916 and 918 Northeast 5"' Street, Delray Beach. Florida. more Particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida, in Plat Book 10 at Page 68. Original designation by Ordinance 15 -01, February 20, 2001.) (31) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach. Florida, more Particularly described as follows: Lots 1. 2. 3. 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. Original designation by Ordinance 27 -02, July 16, 2002.) (32) THE AMELUNG HOUSE, located at 102 NE 12`'' Street, Delray Beach, Florida, more Particularly described as follows: Lot 9, Block 6. Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida: said land situate. lying and being in Palm Beach County, Florida. (Original designation by Ordinance 25 -03, August 19, 2003.), (33) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach. Florida. more Particularly described as the East 365.69 feet of Lot 8 (,less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 71 -04, January 4. 2005.) (34) THE HARTMAN HOUSE, located at 302 N.E. 7" Avenue, Delray Beach. Florida, more Particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2. Page 79, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 26 -05, May 3.2005.) (35) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more Particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. (Original designation by Ordinance 50 -05, July 19, 200.) (36) THE HARVEL HOUSE, located at 182 NW 5h Avenue. Delray Beach. Florida. more Particularly described as follows: Lots 2 and south five feet of Lot 1, Melvin S. Burd Subdivision, according to the map or Plat thereof as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County. Florida. (Original designation by Ordinance 16 -10, July 20, 2010.E (T) Tax Exemption for Historic Properties: A tax exemption is available for improvements to qualifying contributing properties in a designated historic district or individually designated properties. as listed 45 Ord 01 -12 in Section 4.5.1 (1). Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on one hundred percent ,100%1 of the increase in assessed value resulting from any HPB approved renovation, restoration, rehabilitation, or other improvements of the qualifying_ property inade on or after the effective date of the original passing of Ordinance 50 -96 on November 19. 1996. (1) The exemption does not apply to: (a) Taxes levied for payment of bonds: Ib) Taxes authorized by a vote of the electors pursuant to Section 9u or Section 12, Article 7 of the Florida Constitution• or (c) Personal12roperty. (2) Duration of Tax Exemption: The exemption period shall be for ten (10) years, unless a lesser term is set by the City Commission. (a) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to authorize such exemption or change in ownership of the property. (b) To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was authorized. (3) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved. have been transmitted to the Palm Beach County Property Appraiser. (4) Quahfying Properties: Real property located within the City qualifies for the Historic Property Tax Exemption if, at the time the exemption is approved by the City Commission, the property_ Oa is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended: or, (b) is a contributing property within a district listed on the National Register of Historic Places or. (c) is a contributing12roperty within a locally designated historic district or is individually_ designated and listed on the Local Register of Historic Places, and, (d) has been certified by the Historic Preservation Board as satisfy_ ing (a) (b), or c 46 Ord 01 -12 Qualifying Improvements: Improvements to a qualifying property for an exemption, the improvement must: (l be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended: and (61 be a constructed and /or installed improvement as approved by the Historic Preservation Board and as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended which defines real property improvements as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (,i.e. a garage, cabana, guest cottage. storage /utility structures, swimming pools. whether existing or new. The exemption does not apply to improvements made to non - contributing principal buildings, existing non - contributing_ accessory structures -, or undesignated structures and /or properties: and, ,(c be consistent with Section 4.5.1(Q. "Development Standards ", of the City's Land Development Regulations: and (d1 include, as part of the overall project, visible improvements to the exterior of the structure. (l Evaluation of Property Used for Government or Nonprofit Purposes: (a ) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section 617.0301, Florida Statutes. (b� For purposes of the exemption under Section 1961998 Florida Statutes a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitabl spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. (7) Application for Exemption: Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must submit a historic Property Tax Exemption Application to the Planning and Zoning Department upon completion of the qualifying improvements. 47 Ord 01 -12 W The application shall indicate the estimated cost of the total project, the estimated cost attributed solely to the historic structure, and project completion date as determined by the Certificate of Occupancy issued by the Building Department. � b The Historic Property Tax Exemption Application shall be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property: a new property survey illustrating the improvements: a copy of the building permit application indicating estimated project cost: a copy of the Certificate of Occupancy /Final Inspection: and photographs illustrating the before and after of each improvement, including both the interior, exterior, and all new construction. The photographs shall be identified with a date and description indicating the impact of the improvement. 4c, The application must be submitted within three (3) months from the date of issuance of a Certificate of Occupancy. The Historic Preservation Planner will inspect the completed work to verify such compliance prior to Historic Preservation Board review. a. If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the approved plans and the review standards contained in Section 4.5.1 the Board shall recommend that the City Commission grant the Historic Property Tax Exemption Application. b. Upon a recommendation of approval of a Historic Property Tax Exemption A1212hcation by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant in the official records of Pahn Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. c. If the Historic Preservation Board determines that the work as completed is either not consistent with the approved plans or is not in compliance with the review standards contained in Section 4.5.1(Q, the applicant shall be advised that the request has been denied. (8) Historic Preservation Exemption Covenant: (a) To qualify for an exemption, the W12hcant must sign and return the Historic Preservation Exemption Covenant. Tlie covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall 48 Ord 01 -12 require the character of the property and qualifying improvements to be maintained during the period that the exemption is authorized. (fib On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, an d their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3, Florida Statutes. (1 Notice of Approval to the Property Appraiser: (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planncr, the Planner shall transmit a copy of the approved Final Abtilication /Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. (61 The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested. Therefore. the Final Application /Request for Review of Completed Work must be submitted no later than November 1" of the year the work was completed in order to process the W12lication for both the Historic Preservation Board and City Commission approvals. If the Final Application /Request for Review of Completed Work is not Submitted by November 1" of the year the work was completed, the abatement will not take effect until the following year of the date of submittal. (10) Revocation Proceedings: (Tal The Historic Preservation Board may initiate proceedings to revoke the ad valorem taX exemption provided herein, in the event the 412hcant, or subsequent owner or successors in interest to the property. fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing and make a recommendation to the City Commission. 49 Ord 01 -12 The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser. and filed in the official records of Palm Beach County. .UdLUpon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as January 1st of the year following receipt of the notice of revocation. (!Q Criteria for Change of Historic Designation and /or Classification: (1) A survey of all historic districts may be conducted by the City every five (5.l years. The survey re42ort may recommend changes to the historic designation and /or classification of properties located within or immediately adjacent to a designated historic district. (a) Change of Historic Designation through Removal from a Historic District: If a survey report reveals that a tart of a historic district that touches the edge of the boundary of the historic district at the time of the original designation of that district has had its historic integrity irreversibly compromised due to inappropriate development then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1 (0). 1. If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may app to individually designate their property pursuant to LDR Sections 4.5.1 a and (Q. If a property has received a tax exemption pursuant to LDR Section 4.5.1(1 , as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to be removed from the district which includes said property may not be removed until the tax exemption expires pursuant to LDR Section 4.5.1"(3). �}b Criteria for Change of Historic Classification: If a City- initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non - contributing, then the classification may be revised in accordance with LDR Section 4.5.1 a and shall be determined as follows: 1. The survey report recommends the inclusion of an additional "Period of Significance ", which would reclassify properties from non - contributing to contributing.-: or 2. The survey report recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic 50 Ord 01 -12 integrity of the structure, which would reclassify the structure from contributing to non - contribudng. (c) Change of Historic Designation through Expansion of a Historic District: The boundaries of a historic district may be expanded based upon the recommendation of a survey report. to include those properties recommended for inclusion within the district in accordance with LDR Section 4.5.1(0). or a new historic district may be created to include those identified properties in accordance with LDR Section 4.5.1(0). (L) Procedures for Change of Historic Designation and /or Classification. (1) Procedures for Change of Historic Designation through Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and may be initiated by written request of Q The Historic Preservation Board based upon the recommendations of a survey report completed within five (5.) years prior to the application: or b The City Commission based upon the recommendations of a survey report completed within five (5.) years prior to the application: or Qc Any ownerQs of a property to be removed or added based upon the recommendation of a City-initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district: and„ 2. signatures of at least seventy -five percent 75%) of the property owners that are located in the area that will be removed from or added to the historic district. (d) For the purposes of this section, completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his /her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N�(1). The Planning and Zoning Director or his /her designee shall then prepare a report which shall contain the following_ 1. Proposed revised legal boundaries of the historic district: 2. Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district: and 51 Ord 01 -12 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added to the historic district due to an increase in contributing structures adjacent to the district. (� A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the affected properties at least ten (10 days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action see Section 2.4.2(B){1)fb)] and by notice published in the newspaper at least ten (10) days prior to the hearing, provided; however, posting pursuant to 2.4.2a(1)(b) is not required. () Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and may be initiated by written request of: The Historic Preservation Board based upon the recommendations of a City- initiated survey report completed within five tnLyears prior to the ap2plication. or (b) The City Commission based upon the recommendations of a City- initiated survey report completed within five (5) years prior to the application: or Uc Any owner(s) of a property to be reclassified based upon the recommendation of a City - initiated survev report completed within twelve (12) months prior to the application. implications submitted by property owners shall include: 1. photographs and addresses of all properties that will be reclassified as contributing or noncontributing; and 2. signatures of at least seventy -five percent C75%) of the owners whose properties are to be reclassified. (d) For the purposes of this section, completion date of the final survey rejort is determined byr the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his /her designee shall conduct a preluninary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1x4(1). The Planning and Zoning Director or his /her designee shall then prepare a report which shall contain the following; 52 Ord 01 -12 i. Analysis of the properties to be reclassified; and I A staff recommendation as to whether or not the properties should be reclassified due to either: 1. loss of historic integrity as a result of irreversible alterations to a contributing property: or 2. inclusion of an additional "Period of Significance" per the survey report recommendations. (f} A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner of all properties within the subject historic district at least ten (10) days prior to the hearing by regular mail. (3� After conducting the public hearing. the Historic Preservation Board shall vote on the recommendation. A majority of the entire Board, present and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures. except that if any property owner within the subject historic district seeking a change of historic designation and /or classification objects, the City Commission approval shall require a super majority vote of four (4) votes. Section 12. 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 13. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 14. 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. AT'T'EST: City Clerk NLAYOx 53 Ord 01 -12 First Reading Second Reading 54 Ord 01 -12 SECTION 4.5.1 (I) (I) Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places, subject to processing under Sections 2.4.5(F),(G),(H), and (1) which otherwise would be acted upon by the Site Plan Review and Appearance Board or the Planning and Zoning Board. [Amd. Ord. 30 -08 091161081 (J) Historic Preservation Board to Act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. [Arad. Ord. 12 -93 219/93] (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. [Amd. Ord. 12 -93 2/9193] (2) Or, as an alternative to subsection (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. 4.5-20 SE, TION 4.5.1 (J) (2) (c) (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. [Amd. Ord. 12 -93 219193] (3) The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustment when acting on a variance. Any appeal from the approval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. [Amd. Ord. 28 -08 815/08], [Amd. Ord. 12 -93 2191931 (K) Designation of Historic Sites: The following Historic Sites are hereby affirmed or established: (1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17 -90, May 22, 1990). (2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on Lot 2 of Ocean Apple Estates, and whose historically designated boundary consists of Lots 1 and 2, Ocean Apple Estates, and a portion of Ocean Apple Estates, Plat 11 described as the South 50 feet of Lots 1 and 2, and Lot 3. (Original Designation by Ordinance 70 -89, October 24, 1989; Amended by Ordinance 43 -11, December 6, 2011). (3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16 -89) (4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17 -89) (5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18 -89) (6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19 -89) (7) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20 -89) 4.5-21 A=CTION 4.5.1 (K) (8) (8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County [Amd. Ord. 29 -94 617194 (9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84; Delray Beach, Palm Beach County. (10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119 -88) (11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road RAN, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. [Amd. Ord. 22 -91 3126191] (12) MILTON -MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach County, Florida_ [Amd. Ord. 68 -94 10118/94]. (13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 8 -95 217195] (14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). [Amd. Ord. 29 -02 7/16102]; [Amd. Ord. 9 -95 217195] (15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 26 -95 6161951 (16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 27 -95 616195] (17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 28 -95 616/95] 4.5-22 .GTION 4.5.1 (K) (18) (18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. [Amd.Ord.57 -96 1213/96] (19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East Y2 of Lot 12, Section 8- 46 -43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in-the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. [Amd. Ord. 26- 97 7/1197] (20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 46 -97 11118197 (21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 12 -98 313198] (22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 46 -99 11/16199] (23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. [Amd. Ord. 18-00 8/15100] (24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. [Amd. Ord. 19 -00 8/15100] (25) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. [Amd. Ord. 15 -01 2120101] 4.5-23 OTION 4.5.1 (K) (26) (26) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 27 -02 7116102] (27) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. [Amd. Ord. 25 -03 8119103] (28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 71 -04 114105] (29) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 26 -05 513105] (30) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. [Amd. Ord. 50- 05 7119105] 4.5-24 SECTION 4.5.1 (L) (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed or established: (1) NASSAU STREET which consists of Lots 2 -19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1 -12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 9.5 of Palm Beach County, Florida. (Original designation by Ordinance 97 -87 adopted on January 12, 1988) [Amd. Ord. 38 -07 215108] (2) MARINA which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n /k/a Delray Beach (according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of PaI n Beach County, Florida); Together with Lots A, D, E and F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof; as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block 118, Town of Linton n /k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n /k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126, Town of Linton n /kla Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R/WS, Gracey -Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida; Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R/W), Town of Linton n /k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of 4.5-26 ECTION 4.5.1 (L) (2) the Public Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto, Block 120, Blank - Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 156 -88 adopted on December 20, 1988) [Amd. Ord. 10 -09 3117109]; [Amd. Ord. 38 -07 215108] (3) DEL -IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL -IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9 -88 adopted on March 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one -half of Block 57 and Blocks 58 -62, Blocks 65 -70, the west half of Blocks 74 and 75, and Lots 1 -6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1 -88 adopted on February 9, 1988). (5) WEST SETTLERS is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east - west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east -west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north -south alley and the eastern one -half (1/2) of the block south of the alley of Block 19; the north - south alley in the north half of Block 20. [Amd. Ord. 38 -07 2151081; [Amd. Ord. 6 -97 2118197] 4.5-26 SECTION 4.5.9 (M) (M) Tax Exemption for Historic Properties: [Amd. Ord. 50 -96 11119196] (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4.5.1(K) & L, as amended. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11119196] (2) The above exemption does not apply to [Amd. Ord. 50 -96 11119196] (a) Taxes levied for payment of bonds; [Amd. Ord. 50 -96 11/19196] (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or [Amd. Ord. 50 -96 11119196] (c) Personal property. [Amd. Ord. 50 -96 11119196] (3) Duration of Tax Exemption: [Amd. Ord. 50 -96 11119196] (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a .lesser term. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. [Amd. Ord. 50 -96 111'19196] (4) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. [Amd. Ord. 50 -96 11119196] 4.5-27 CTION 4.5.1 (M) (5) (5) Qualifying Properties and Improvements: [Amd. Ord. 50 -96 11119/96] (a) The following real property in the City is qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: [Amd. Ord. 50 -96 11119196] (i) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, [Amd. Ord. 50 -96 11119196] (ii) is a contributing property to a National Register - listed district; or, [Amd. Ord. 50 -96 111191961 (iii) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and, [Amd. Ord. 50 -96 11119196] (iv) has been certified by the Historic Preservation Board as satisfying (a) (i), (ii), or (iii). [Amd. Ord. 50 -96 111191961 (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: [Amd. Ord. 50 -96 111191961 (i) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; [Amd. Ord. 50 -96 11119196] (ii) be determined an improvement by the Historic Preservation Board as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage /utility structures, swimming pools), whether existing or new, as long as the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made to non - contributing principal buildings or their non- contributing accessory structures. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196 4.5-28 SECT, A 4.5.1 (M) (5) (b) iii. (iii) be consistent with Section 4.5.1(E), "Development Standards ", of the City's Land Development Regulations; and [Amd. Ord. 50 -96 11119196] (iv) include, as part of the overall project, visible improvements to the exterior of the structure. [Amd. Ord. 50 -96 11119196] (6) Evaluation of Property Used for Government or Nonprofit Purposes: [Amd. Ord. 50 -96 11119196] (a) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section 617.0301, Florida Statutes. [Amd. Ord. 10 -03 5120/03]; [Amd. Ord. 50 -96 11119196] (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit.the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. [Amd. Ord. 50 -96 11119196] (7) Application for Exemption: [Amd. Ord. 50.96 11119196] (a) Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a Tax Exemption Application with the Planning and zoning Department. The application shall be made on the two -part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources. Part 1 of the application, the Construction Application, shall be submitted before, during, or after qualifying improvements are initiated and Part 2, the Final Application /Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] 4.5-29 :CTIOIN 4.5.1 (M) (8) (8) Part 1, Construction Application: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (a) A Construction Application shall be filed with the Planning and Zoning Department before, during, or after the qualifying project is constructed. The Construction Application shall also contain information concerning the estimated cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the Construction Application, the Historic Preservation Planner shall review the application and determine whether the application is complete and whether the property satisfies the requirements of Section 4.5.1(M)(5) and is therefore eligible for review by the Historic Preservation Board. [Amd. Ord. 10 -03 51201031; (9) Review of Construction Application by the Historic Preservation Board: [Amd. Ord. 10 -03 5120/03]; [Amd. Ord. 50 -96 111191961 (a) The Historic Preservation Board shall review the Construction Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness review process simultaneously with the Part 1, Construction Application. If site plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. If Part I of the Construction Application is submitted after the project has been completed, the application must be submitted within 18 months from the date of issuance of a Certificate of Occupancy. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50-96 11119196] (i) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Construction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11119196] (ii) if the Historic Preservation Board determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), corrective measures shall be prescribed by the Board. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11119196] 4.5-30 -TION 4.5.1 (M) (10) (10) Part 2, Final ApplicationlRequest for Review of Completed Work: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Board shall approve the Final Application /Request for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. The Historic Preservation Planner will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the completed Final Application/Request for Review of Completed Work as verified by the Historic Preservation Planner. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 5096 11119196] (b) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total expenditures of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702 -704, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application /Request for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Construction Application, approved amendments, if any, and Section 4.5.1(E). After the above mentioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the Final Application has been denied. The Historic Preservation Planner shall provide a written summary of the reasons for the determination to the applicant. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 5096 11/19196] (11) Appeal to the Historic Preservation Board's Decision: [Amd. Ord. 10- 03 5120/03]; [Amd. Ord. 50 -96 111191961 (a) Any action taken by the Historic Preservation Board is appealable to the City Commission pursuant to Section 2.4.7(E), "Appeals ". [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] 4.5 - 31 ON 4.5.1 (M) (12) (12) Approval by the City Commission: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (a) Upon approval of a Final Application /Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50 -96 11119/96] (13) Historic Preservation Exemption Covenant: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application /Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50- 96 11119196] (b) On or before the effective date of the exemption, the owner .of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property-owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 111191961 (14) Completion of Work: [Amd. Ord.10 -03 51201031; [Amd. Ord. 50 -96 11119196] 4.5-32 SEC ON 4.5.1 (M) (14) (a) (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 Construction Application by the Historic Preservation Board. A Construction Application shall be automatically revoked if the property owner has not submitted a Final Application /Request for Review of Completed Work within two (2) years following the date of approval of the Construction Application. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (b) The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. [Amd. Ord. 50 -96 11119196] (15) Notice of Approval to the Property Appraiser: [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Planner shall transmit a copy of the approved Final Application /Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1 st of the year in which an exemption is requested. Therefore, the Final ApplicationlRequest for Review of Completed Work must be submitted no later than November 1St of the year the work was completed in order to process the application for both the Historic Preservation Board and City Commission approvals. If the Final Application/Request for Review of Completed Work is not submitted by November 1St of the year the work was completed, the abatement will not take effect until the following year of the date of submittal. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119/961 (16) Revocation Proceedings: [Amd. Ord. 10 -03 51201031; [Amd. Ord. 50- 96 11119196] (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. [Amd. Ord. 50 -96 11119196] 4.5-33 SEC DN 4.5.1 (M) (16) (b) (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission. [Amd. Ord. 10 -03 5120103]; [Amd. Ord. 50 -96 11119196] (c) The City Commission shall review the recommendation of the Historic .Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. [Amd. Ord. 50 -96 11119196] (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. [Amd. Ord. 50 -96 11119196] (N) Criteria for Change of Historic Designation andlor Classification: [New Section per Ord. 09 -08 9116108] (1) A survey of all historic districts years. The survey report may recommend classification of properties located within historic district. may be conducted by the City every five (5) changes to the historic designation and/or or immediately adjacent to a designated (a) Criteria for Removal from a Historic District: if a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development as determined by the survey consultant, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may apply to individually designate their property pursuant to LDR Sections 4.5.1(B) and (C). if a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to be removed from the district which includes said property may not be 4.5-34 SECZ N 4.5.1 (N) (1) (a) 1. removed until the tax exemption expires pursuant to LDR Section 4.5.1(M)(3). (b) Criteria for Change of Historic Classification: If a City- initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non - contributing, then the classification may be revised in accordance with LDR Section 4.5.1 (0) and shall be determined as follows: The survey recommends the inclusion of an additional "Period of Significance ", which would reclassify properties from non- contributing to contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non- contributing. (c) Criteria for Expansion of a Historic District: If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures in accordance with LDR Section 4.5.1(0), or a new historic district may be created to incorporate those identified properties in accordance with LDR Section 4.5.1(C). (0) Procedures for Change of Historic Designation andlor Classification. [New Section per Ord. 09 -08 9116[0$] (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a survey completed within five (5) years prior to the application; (b) The City Commission based upon the recommendations of a survey completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City - initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district and; 4.5-35 SECT N 4.5.1 (0) (1) (c) 2. 2. signatures of at least seventy -five percent (75 %) of the property owners that are located in the area that will be removed from or added to the historic district. (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a City - initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a City - initiated survey completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be reclassified based upon the recommendation of a City - initiated survey completed within twelve (12) months prior to the application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be reclassified as contributing or noncontributing; and 2, signatures of at least seventy -five percent (75 %) of the owners whose properties are to be reclassified. (3) The Planning and Zoning Director or his /her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his /her designee shall then prepare a report which shall contain the following: (a) Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district; and 4.5-36 SECT N 4.5.1 (0) (3) (a) 3. 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added o the historic district due to an increase in contributing structures adjacent to the district. (b) Change of Historic Classification: 1. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either: a. loss of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. (4) Upon completion and formal review of the report, a public hearing shall be held. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the affected properties at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action (see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days prior to the hearing, provided; however, posting pursuant to 2.4.2(B)(1)(b) is not required. (5) After conducting the public hearing, if the Historic Preservation Board finds that the application fulfills the proper criteria and all procedures have been followed correctly, it shall vote on the recommendation. A majority of the entire Board, present and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if any property owner within the subject historic district or within .five hundred feet (500') of the edge of the property seeking a change of historic designation and/or classification objects, the City Commission approval shall require a super majority vote of four (4) votes. Section 4.5.2 Noise Control: Any land use established within the City of Delray Beach must comply with the requirements of Chapter 99, Noise Control, of the Code of Ordinances. 4.6-37