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03-05-13 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, March 5, 2013 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings adjust the amount of time allocated. 7:00 p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non - Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non - agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 Fax: (561) 243 -3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243- 7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. February 5, 2013 - Regular Meeting PROCLAMATIONS: A. Recognizing and commending Xi Pi Omega Chapter of Alpha Kappa Alpha Sorority, Inc.. for dedicated service to the Citv of Delrav Beach 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. ACCEPTANCE OF A WATER EASEMENT DEED/ HARBOR PLAZA FRESH MARKET: Approve and accept a water easement deed for a water main at Harbor Plaza Fresh Market located at 1725 South Federal Highway. B. SERVICE AUTHORIZATION NO. 07- 17.3 /MATHEWS CONSULTING. INC./ RECLAIMED WATER AREA: Approve Service Authorization No. 07 -17.3 to Mathews Consulting, Inc., in the amount of $64,118.00 for construction administration and specially inspection services, for the Reclaimed Water, Area 12A. Funding is available from 441 - 5161 -536 -68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). C. REVISED TRIPARTITE AND INTERLOCAL AGREEMENT: CITY OF DELRAY BEACH/ SCHOOL BOARD OF PALM BEACH COUNTY/ ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve a revised Tripartite and Interlocal Agreement between the City of Delray Beach, the School Board of Palm Beach County and Achievement Centers for Children and Families (ACCF) to provide for the funding and operation of a pilot summer camp program with reading enhancements to help further third grade reading proficiency through the campaign for trade level reading. D. REVISIONS TO THE RULES AND REGULATIONS: HISTORIC PRESERVATION BOARD: Approve revisions to the Rules and Regulations of the Historic Preservation Board (HPB). E. REVISIONS TO THE GENERAL RULES OF PROCEDURE: CODE ENFORCEMENT BOARD: Approve revisions made by the Code Enforcement Board to their General Rules of Procedure. F. MODIFICATIONS TO THE COMMISSION RULES OF PROCEDURE: Approve modifications to the Commission Rules of Procedure to provide that the public may comment on any item, agendaed or non- agendaed, and such comment shall beLyin after the "Proclamation and Presentation" Dortion of the agenda. G. VISION 2020 FORUM: Approve a budget allocation at an estimated amount of $10,800.00 to fund the Vision 2020 Forum, a one -day event scheduled for March 23, 2013, from 8:00 a.m. to 4:00 p.m. at the Delray Beach Marriott hotel. Funding is available from 001 - 1111 -511 -48.10 (General Fund: Promotional Activities/ Special Events). H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development Boards for the period February 18, 2013 through March 1, 2013. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Line -Tee, Inc. in an amount not to exceed $62,000.00 for services relating to flushing fire hydrants. Funding is available from 441 -5123- 536 -34.90 (Water and Sewer Fund: Other Contractual Services) and 442 -5178- 536 -46.26 (Water and Sewer Renewal & Replacement Fund: Repair & Maintenance Service /Hydrant Flushing Contract FY2013). 2. Purchase award to Sentry Industries in the amount of $170,000.00 for the purchase and delivery of Sodium Hypochlorite on an "as needed" basis for remote booster station locations. Funding is available from 441 - 5122 - 536.52 -21 (Water and Sewer Fund: Operating Supplies /Chemicals). 3. Purchase award to Carbone's Custom Firearms in the amount of $35,997.75 for purchase of weapons for the S.W.A.T. team. Funding is available from 115- 2112 -521 -64.90 (Special Projects Fund: Machinery /Equipment /Other Machinery/ Equipment). 4. Purchase award to Contemporary Control & Communications, Inc. in the amount of $29,901.57 for the purchase of Irrinet -M Irrigation Control Systems for North Federal Highway, South Federal Highway, and North Swinton Avenue. Funding is available from 119 - 4144 -572 -64.90 (Beautification Trust Fund: Machinery /Equipment /Other Machinery /Equipment) and 119 - 4151 - 572 -64.90 (Beautification Trust Fund: Machinery /Equipment /Other Machinery /Equipment). Purchase award to Am- Tronix in the amount of $20,015.00 for one (1) ICC Computer Irrigation Control System and four (4) Irrinet -M Irrigation Control Systems to monitor the irrigation system for Mangrove Park, the grounds adjacent to the Old School Square Parking Garage, South Swinton, and Cason Cottage. Funding is available from 119 - 4151 -572 -64.90 (Beautification Trust Fund: Machinery /Equipment /Other Machinery /Equipment) and 001- 4131 -572- 64.90 (General Fund: Machinery/ Equipment /Other Machinery /Equipment). 6. Purchase award to CDW Government in the amount of $78,806.56 to replace network switches. Funding is available from 334 - 6111 -519 -62.45 (General Construction Fund: Capital Outlay /Data Cabling). COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING CONSENT AGENDA: A. City Manager's response to prior public comments and inquiries. B. From the Public. 10. REGULAR AGENDA: A. WAIVER REOUEST /451H ANNUAL ST. PATRICK'S DAY PARADE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(F) (3)(f), "Special Event Non - Roadway Banner Signing ", to allow banners to exceed 20 square feet on March 15 & 16, 2013 on the perimeter fencing on the south side of the museum on the grounds of the Delray Beach Center for the Arts for the St. Patrick's Day Party and Parade. (Quasi- Judicial HeaLin ) B. WAIVER REQUEST /50-1 ANNUAL DELRAY AFFAIR: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), "Special Event Non - Roadway Banner Signing ", to allow banners to exceed 20 square feet on April 5 - 7, 2013 within the site of the Delray Affair. (Quasi- Judicial Hearing) C. DISCUSSION OF VALET PARKING RECOMMENDATIONS: Provide direction rewarding modifications to the S.E. 2nd Avenue valet queue in an attempt to mitigate traffic congestion in the area. D. PROPOSAL FOR SETTLEMENT IN DENISE RYDZEWSKI v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the total amount of $30,000.00 in Denise Rydzewski v. City of Delray Beach. Staff recommends denial. E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL BOARD: Appoint one (1) remular member to serve an unexpired term ending July 31, 2014 to the NeilZhborhood Advisory Council Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). F. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) remular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat #1). G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) reMular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Financial Review Board. Based upon the rotation system, the appointment will be made by Mayor Carney (Seat #5). 11. PUBLIC HEARINGS: A. ORDINANCE NO. 01 -13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12, "Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the votinLy Drocedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. B. ORDINANCE NO. 05 -13 (SECOND READING /SECOND PUBLIC HEARING): Consider approval of a privately initiated amendment to the Land Development Regulations (LDR) Section 4.3.4(.1)(4), "Increases to Height emulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for the Delray Medical Center, located at 5352 Linton Boulevard. C. ORDINANCE NO. 03 -13: Consider approval to provide for the designation of a property located at 170 Marine Way as "The Marina House" to the Local Register of Historic Places. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission FEBRUARY 5, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 5, 2013. 1. Roll call showed: Present- Commissioner Christina Morrison Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent - None Also present were - Douglas E. Smith, Interim City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Paula Hayward, Board member of the Delray Beach Interfaith Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Carney noted the addition of Item S.A., December 11, 2012 Regular Meeting Minutes and Item S.B., January 3, 2013 Regular Meeting Minutes. In addition, Mayor Carney noted the addition of Item 8.L., Reimbursement of City Manager Travel Expenses and Item 8.M.7., Purchase Award to the North American Fire Equipment Company to the Consent Agenda by addendum. Mr. Carney stated there is also additional information for Item 10.L, Proposal/Eastman Aggregate Enterprises, LLC. For clarification, Mr. Smith stated with regard to the equipment company staff is requesting amendment of that no longer being a sole source designation as staff received two quotations for that. Mr. Jacquet requested that Item 8.L, Resolution No. 11 -13 be removed from the Consent Agenda and moved as a sub -item to Ordinance No. 01 -13. The City Attorney stated pursuant to the City's Charter, the City has to adopt a resolution placing the Charter amendment on the ballot. 02/05/13 Mr. Jacquet requested that Item 8.J., Resolution No. 06 -13 be removed from the Consent Agenda and moved to the Regular Agenda as Item 7.1). Ms. Morrison moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of December 11, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of January 3, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing 2 -1 -1 Awareness Week — February 11 -17, 2013 Mayor Carney read and presented a proclamation hereby proclaiming February 11 -17, 2013 as 211 Awareness Week. Ms. Patrice Schroeder, Community Relations Specialist and Public Information Officer for 2 -1 -1 Palm Beach Treasure Coast came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 07 -13: Approve Resolution No. 07 -13 recognizing and commending James Tabeek for 30 years of dedicated service to the City of Delray Beach. office.) The caption of Resolution No. 07 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JAMES H. TABEEK FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 07 -13 is on file in the City Clerk's 2 02/05/13 Mayor Carney read and presented Resolution No. 07 -13 and a plaque to Jim Tabeek for 30 years of dedicated service to the City of Delray Beach. Jim Tabeek came forward to accept the resolution and gave a few brief comments. Mr. Frankel moved to approve Resolution No. 07 -13, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mr. Green gave a few brief comments on behalf of the Fire Department. 7.B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Gina Gallina congratulated Sergeant Brian Campbell who was officially sworn in this morning as sergeant. She gave a few brief comments as to why Sergeant Campbell should be nominated for a SPIRIT Quarterly Award. Kimberly Wynn introduced and congratulated Dolores Rangel for being nominated as the SPIRIT Quarterly Award winner for her exceptional dedication to Project Holiday. 7.C. 2013 Beach Renourishment Proiect Presentation Matt Jock, Consultant with the Great Lakes Dredge and Dock Company, gave a brief update on the 2013 Beach Renouri shment Project. 7.D. RESOLUTION NO. 06 -13: Approve Resolution No. 06 -13; supporting the Palm Beach County Guardian Ad Litem Program. office.) The caption of Resolution No. 06 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSES THE SUPPORT OF THE PALM BEACH COUNTY GUARDIAN AD LITEM PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 06 -13 is on file in the City Clerk's Mayor Carney read Resolution No. 06 -13 into the record. Mr. Jacquet moved to approve Resolution No. 06 -13, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. 3 02/05/13 Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. Tonya Cajuste came forward to accept the resolution and gave a few brief comments. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/ VILLAGE SQUARE AT DELRAY BEACH: Approve a proposed residential development that includes 252 units being platted as Village Square at Delray Beach located at the Southeast corner of S.W. 7m Street and Auburn Avenue. 8.B. REQUEST FOR A SIDEWALK DEFERRAL /1041 SEASPRAY AVENUE: Approve an agreement to defer installing a sidewalk in front of the property located at 1041 Seaspray Avenue. 8.C. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY (CRA)/IRRIGATION AND MAINTENANCE OF LANDSCAPING FOR DELRAY BEACH GATEWAY FEATURE PROJECT: Approve First Amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide funding for the irrigation and landscaping maintenance associated with the streetscape beautification project known as the West Atlantic Avenue Gateway Feature. 8.D. CONSENT TO ASSIGNMENT/ CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) TO STANTEC CONSULTING SERVICES, INC.: Approve Consent to Assignment with Corzo Castella Carballo Thompson Salman, P.A. (C3TS) to Stantec Consulting Services, Inc. 8.E. SERVICE AUTHORIZATION NO. 12.01.1 / MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12.01.1 with Mathews Consulting, Inc. in the amount of $47,987.00 for construction administration and specialty inspection services, for the Congress Avenue Force Main Replacement Project. Funding is available from 442 - 5178 -536 -68.89 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Congress Avenue Force Main Replacement). 8.F. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: ONBOARD MOBILE GATEWAY: Approve an Interlocal Agreement with Palm Beach County in the amount of $64,076.70 for the purchase of onboard Mobile- Gateway (oMG) wireless networking platform to be installed and utilized on all Advanced Life Support (ALS) units. Funding is available from 001 - 2315 -526 -64.90 (General Fund: Machinery/Equipment/Other Machinery/ Equipment) and 001 - 2315 -526 -52.16 (General Fund: Operating Supplies/EMS Supplies). 8.G. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Built Solid 4 02/05/13 Construction, LLC for 1009 N.W. 3rd Terrace in the amount of $28,821.92. Funding is available from 118 - 1963 -554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.11. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approval to renew a Mutual Aid Agreement with subscribing law enforcement agencies in Palm Beach County to voluntarily cooperate and assist other law enforcement agencies in Palm Beach County on routine law enforcement matters across jurisdictional lines. 8.I. THIS ITEM WAS MOVED AS A SUB -ITEM TO ITEM 11.A.1. 8.J. THIS ITEM WAS MOVED TO ITEM 7.D., PRESENTATIONS. 8.K REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 14, 2013 through February 1, 2013. 8.L. REIMBURSEMENT OF CITY MANAGER TRAVEL EXPENSES: Approve reimbursement of new City Manager Louie Chapman Jr.'s travel expenses in an amount not to exceed $3,600.00 for trips to Delray Beach prior to April 1, 2013. Funding is available from 001 - 1211 -512 -40.20 (General Fund: Travel & Per Diem/Non- Employee Travel). (ADDENDUM) 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Alpha Scape Lawn & Landscaping at an annual estimated cost of $25,198.00 for landscape maintenance of Storm Water Retention Areas and the Improved Water Retention Areas. Funding is available from 448 - 5416 -538 -34.90 (Storm Water Utility Fund: Other Operating/Other Contractual Services). 2. Bid award to Weekly Asphalt and Paving, Inc. in the amount of $39,369.25 for the rehabilitation of CSX Transportation, Inc. (CSXT) railroad crossing located at S.W. 10th Street. Funding is available from 334 - 3162 -541 -46.90 (General Construction Fund: Repair & Maintenance Services /Other Repair/Maintenance Costs). 3. Contract award to A & A Associates International, Inc. in the amount of $18,158.40 for security services at Pompey Park. Funding is available from 001 - 4127 -572 -31.90 (General Fund: professional Services /other Professional Services). 4. Contract award to Intercounty Engineering, Inc. in the amount of $945,049.00 for the construction of the Congress Avenue Force Main Replacement project. Funding is available from 442 -5178- 536 -68.89 (Water & Sewer Renewal & replacement Fund: Improvements Other /Congress Avenue Force Main Replacement). 5 02/05/13 5. Purchase award to Florida Bullet in the amount of $87,428.50 to purchase ammunition for training, on- duty -use and the SWAT. team. Funding is available from 001 - 2111 -521 -52.20 (General Fund: Operating Supplies /General Operation Supplies) and 001- 2115 -521 -52.19 (General Fund: Operating Supplies /Swat Expenditures). 6. Purchase award to Florida Sports Cycle in the amount of $22,155.00 for three (3) replacement ATVs for Ocean Rescue. Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery /Equipment/Automotive). 7. Purchase award to North American Fire Equipment Company (NAFECO) in the amount of $67,914.33 as a sole provider for the replacement of thirty -three (33) Firefighter Personnel Protective Equipment (bunker gear). Funding is available from various accounts. 8. Purchase award to Industrial Design Research in the amount of $47,420.00 for four (4) Surveyor JR standard model movable lifeguard towers. Funding is available from 001 - 4123 -572 -63.40 (General Fund: Improvements Other/Recreational Improvements). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. 9.A. City Manager's response to prior public comments and inquiries. Douglas E. Smith, Interim City Manager, stated at the January 3, 2013 meeting Mr. Carstarphen expressed concerns about the Police Department giving out tickets at the stop sign on 8th Avenue and S.W. 7th Street and about the speed of vehicles on A -1 -A while he was bike riding. Mr. Smith stated staff was able to speak to Mr. Carstarphen that evening and gave him information about the staffing and the progress that we have made within and around his community. Mr. Smith stated the Police officer strongly recommended that Mr. Carstarphen go with his neighbor that have similar concerns and start building a community network. Mr. Smith stated the suggestion that was passed along was for them to assemble a list of their most important concerns and come up with suggestions on how the Police Department could help them with addressing those concerns. In addition, Mr. Smith stated staff did several patrols on different days specifically at the beach area and noted speeds in the low to mid -30 range. With regard to the area with the stop sign, there is sometimes select enforcement at that particular location because residents have complained about that area being hazardous. 6 02/05/13 9.B. From the Public. 9.B.1. Robert Ganger, former President of the Delray Beach Historical Society, stated he discovered a file dated 1971 -1973 which discussed the Beach Erosion Proj ect which led eventually to the 1973 first renourishment by that same outfit that was the subject of a bond issue that was advertised by Delray Beach in March 1972. Mr. Ganger distributed a copy of the advertisement from 1972 and urged the Commission to read it because it is the beginning of a file that the Delray Beach Historical Society is going to put together taking back the history of Delray's beach. 9.B.2. Rodney Stevens, 39 S.W. 9th Avenue, Delray Beach, FL 33444, owns an ATV and he and his friends are getting hassled and being told they cannot ride them. He stated there are only two empty fields; one on S.W. 12m Avenue and the one behind Home Depot. 9.B.3. Harry Webb, 22 N.W. 9th Avenue, Delray Beach, FL 33444, resident of Delray Beach his entire life, stated he and his friends are requesting an area to ride their ATV's. Mr. Webb stated the Police Department took his bike away from him and noted he has the Bill of Sale to show they own the bikes. He stated they are trying to abide by the law and the nearest place they can go is Belle Glade. Mr. Webb stated they only ride on Sundays on their day off and are trying to find something useful with their time. 9.B.4. Lonte Johnson, Delray Beach resident and ATV owner, stated he goes to school and works six days a week and would like one day (preferably Sundays) to do something recreational and ride to help relieve the stress from the entire week. Mr. Johnson suggested trading some community service time to help clean up the area for an area where they can ride. He stated they are being violated by the Delray Beach Police Department with regard to the bikes being confiscated and feels he and his friends have been put through so much in order to get the bikes back. Mr. Johnson stated they are not criminals and they just want to ride and have fun. 9.B.5. Herman Stevens, City of Gulf Stream, Attorney representing the three previous speakers, stated these men came to him because they have been ticketed and the Police Department has confiscated their ATV. Mr. Stevens stated he is trying to assist these men in getting their ATV back and all they are requesting is a place to ride. 9.B.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, commented about the laws for ATV's and dirt bikes. Secondly, Ms. Moody asked if there is way that the City can enforce the laws on littering when it comes to people throwing their cigarette butts on the ground. She stated everywhere you go throughout the City there are cigarette butts on the ground. 9.B.7. Stephen Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated he is very pleased with the Gateway feature 7 02/05/13 to Delray Beach; however, he noted that the giant 8 foot sign needs to be changed so that it reads: Mayor Tom Carney, Commissioner Christina Morrison, and Douglas E. Smith, Interim City Manager. At this point, the time being 7:06 p.m., the Commission moved to Item 11, the duly advertised Public Hearings portion of the Agenda. 11. PUBLIC HEARINGS: 1LA. ORDINANCE NO. 01 -13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12, "Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. The caption of Ordinance No. 01 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE BUT THERE STILL MUST BE THREE CONCURRING VOTES ON AN ITEM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 01 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated currently in the City's Charter every action approved by the Commission must be by roll call vote. The change would allow the voting procedure to be set forth in the local rules as the Commission adopts them on an annual basis. Also, the City Attorney stated currently we have the word "affirmative" in there where it must be three (3) affirmative votes and by changing it to three (3) "concurring" votes the City is not changing the amount of votes needed to approve or deny an application but just changing the word "affirmative" to "concurring ". 8 02/05/13 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 Carney declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 01 -13, the public hearing was closed. Mr. Jacquet asked if this could be a violation of the single subject rule. Brief discussion between Commissioner Jacquet and the City Attorney followed. Mr. Jacquet stated he understands that this would streamline things and would help the meetings go a little faster; however, Mr. Jacquet expressed concern over the appearance of impropriety. Mrs. Gray concurred with comments expressed by Mr. Jacquet about the roll call and the second part of this to change the word "affirmative" to "concurring ". Ms. Morrison stated this will make it more transparent because right now it looks like the people with the last two votes sometimes can vote to make them look better politically. She stated Palm Beach County has been doing it this way and feels it is easy to put in the minutes who dissents. Mayor Carney concurs with comments expressed by Commissioner Morrison and stated he does not believe this gives the appearance of impropriety. Mayor Carney stated this way one cannot time your votes because you have to make your votes at the time of the motion. In his opinion, Mayor Carney stated that is a clearer point of what you believe and don't believe as opposed to waiting until the vote gets around to you and then it is convenient for you to vote "yay" or "nay" depending on the political wimp. Ms. Morrison moved to adopt Ordinance 01 -13 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — No. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 1 LA. 1. RESOLUTION NO. 11 -13: Approve Resolution No. 11 -13 calling for a Special Election on a Charter change to be held on March 12, 2013, to provide for a referendum on the Charter change presented in Ordinance No. 01 -13; providing that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative, but there still must be three (3) concurring votes on an item. The caption of Resolution No. 11 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR 9 02/05/13 A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2013, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 01 -13; PROVIDING THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE, BUT THERE STILL MUST BE THREE CONCURRING VOTES ON AN ITEM, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 11 -13 is on file in the City Clerk's office.) Mr. Frankel moved to approve Resolution No. 11 -13, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — No; Mr. Frankel — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. At this point, the time being 7:17 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 02 -13: Consider approval to amend Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. If passed, a public hearing will be held on February 19, 2013. The caption of Ordinance No. 02 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 91.22, "PROHIBITING DOGS IN PUBLIC BUILDINGS, PLACES OF BUSINESS ", IN ORDER TO ALLOW SERVICE DOGS IN PUBLIC BUILDINGS OR PLACES OF BUSINESS, PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 02 -13 is on file in the City Clerk's 10 02/05/13 office.) The City Attorney read the caption of the ordinance and stated this ordinance amends the Code of Ordinances to be in compliance with the ADA (Americans with Disabilities Act) to allow service dogs in public buildings or places of business in accordance with the ADA. Mr. Jacquet moved to approve Ordinance No. 02 -13 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, Commissioner Jacquet left the dais. 12.B. ORDINANCE NO. 04 -13: Consider an amendment to Ordinance No. 43 -11 which revises "Section 1, Designation ", and "Section 2, Requirements of Designation" of Ordinance No. 43 -11, and an amendment to Land Development Regulations (LDR) Section 4.5.1(I)(13), "Local Register of Historic Places ", to provide for a name change to "Historic Fontaine Fox House Properties" and the revised legal description of the designated boundary. If passed, a public hearing will be held on February 19, 2013. office.) The caption of Ordinance No. 04 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 43 -11 THAT PROVIDES FOR THE HISTORIC DESIGNATION OF THE HISTORIC FONTAINE FOX HOUSE PROPERTIES; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS ", SECTION 4.5.1, "HISTORIC PRESERVATION: DESIGNATED DISTRICTS, SITES, AND BUILDINGS ", SUBSECTION (I), "LOCAL REGISTER OF HISTORIC PLACES" TO REVISE THE LEGAL DESCRIPTION, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 11 02/05/13 Paul Dorling, AICP, Director of Planning and Zoning, stated this amends the legal description of the Fontaine Fox historic designation located at the north end of the beach. Mr. Dorling stated the ordinance also changes the designated site name and modifies the development restrictions on the site. He stated it allows a maximum amount of dwelling units to be 4 versus 3. Mr. Dorling stated the modification is in connection with a plat which has subdivided the former Lot 2 into two legal lots of record and allows an additional unit to be built on Lot 2. At its meeting of January 16, 2013, the Historic Preservation Board (HPB) recommended approval with a 6 to 0 vote. Mrs. Gray moved to approve Ordinance No. 04 -13 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. At this point, Commissioner Jacquet returned to the dais. At this point, the time being 7:21 p.m., the Commission moved to Item 10, Regular Agenda. 10. REGULAR AGENDA: 10.A. WAIVER REQUEST/McDONALD'S RESTAURANT: Consider approval of a waiver request to Land Development Regulations Section 4.6.8, "Lighting ", to allow 47.5 footcandles where a maximum of 12.0 footcandles is allowed on -site, and 40.2 footcandles where a maximum of 0.25 footcandles is allowed as spillage for the McDonald's Restaurant located at the northwest corner of West Atlantic Avenue and Military Trail at 14529 South Military Trail. (Quasi- Judicial Hearing) Mayor Carney read the City of Delray Beach Quasi - Judicial Hearing rules into the record for this item and all subsequent Quasi - Judicial items. Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -071 into the record. Mr. Dorling stated this is a waiver request to LDR Section 4.6.8 "Lighting" in association with the McDonald's site on Military Trail. He stated this is exceed the maximum foot candles which are proposed to be 12 foot candle is allowed on- site and a 40.2 foot candle where a maximum of 0.25 foot candle is allowed as spillage for McDonald's Restaurant located at 14529 Military Trail. Mr. Dorling stated this is in 12 02/05/13 association with a site plan modification where there was some on -site changes being done to construct a dual drive -thru and some landscape upgrades and parking lot modifications. He stated this site is open 24 hours and lighting and safety is a concern. At its meeting of January 9, 2013, the Site Plan Review and Appearance Board ( SPRAB) considered this as part of that site plan modification and the Board voted 4 to 3 to recommend approval of the change to allow the existing lighting to be retained. Staff recommends approval given the circumstances that it is all commercial around it. Craig McDonald, speaking on behalf of applicant McDonald's LLC, stated the pole heights was a condition of SPRAB and some of the concern was on the west property lines. Mr. McDonald stated there was a pole showing with three heads and one with two and they asked that they be removed at the time and McDonald's did not want to do that. Mr. McDonald stated since then he found out that the one with three only has two head and the one with two only has one head. He stated there is no residential around and they are trying to modify the parking lot. have Wi -Fi. Mr. Jacquet inquired about Wi -Fi. Mr. McDonald stated McDonald's will Ms. Morrison thanked McDonald's for lighting up the area. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Carole Henderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445, stated the City recently annexed the shopping center and expressed concern that one of the four stated criteria for approving a waiver is that one would approve similar waivers given to similar establishments. Ms. Henderson stated the entire area of Military Trail is a very well lighted area there are lots of other lights in the shopping center. She stated there is no need for McDonald's to have excessive lighting and feels it detracts from the image of the community. Ms. Henderson stated it is time for us to start bringing these redeveloped areas into compliance with City standards. She suggested that staff ask the applicant to tone down the lighting and should not be four (4) times what the City Code permits. There being no one else who wished to address the Commission regarding the waiver request, the public hearing was closed. The following individual gave a brief rebuttal: Mr. Dorling stated the applicant has reduced the lighting to twice the City's standard rather than four times our standard. He stated the waivers talk about it would not be a special privilege the same way we would not be granted under similar circumstances. Mr. Dorling stated he believes in similar circumstances given its non - proximity to residential and the fact that it is open 24 -hours he believes it would be considered for other properties as well. 13 02/05/13 Mr. McDonald stated they are bringing this site into full compliance with the landscaping Code. Mr. Jacquet stated the area between Wells Fargo and McDonald's is very dark and agrees that we do need some lighting. Mr. Jacquet stated he supports the waiver based on the safety reasons and noted that Ms. Anderson made some great points. Ms. Morrison stated she supports the waiver because she feels this is not going to impact any of the neighborhoods and light creates safety. Mrs. Gray expressed concern over the double drive -thru because of the people that have to walk to their cars and the driveway is in front of the doorway. She feels it is very important to have the lighting there for safety reasons and it is 24 -hours and is just as busy at night as it is at lunchtime. Mrs. Gray stated she supports the waiver. Mayor Carney stated under these circumstances he agrees with staff and this warrants the granting of the waiver. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Ms. Morrison moved to adopt the Board Order approving the waiver request, seconded by Mr. Frankel, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 10.B. WAIVER REQUEST /141H ANNUAL DELRAY BEACH GARLIC FEST: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), Special Event Non - Roadway Banner Signing ", to allow sponsor banners to be hung on the perimeter fencing of the 14th Annual Delray Beach Garlic Fest site and to allow banners to exceed 20 square feet, from February 7 -10, 2013. (Quasi - Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Carney asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke with Sara Martin and received two tickets from Nancy Stewart for the Garlic Fest. Mayor Carney stated received two tickets as well but before he knew about this request. Ms. Morrison stated she has spoken with Nancy Stewart and she received two tickets to Garlic Fest. Mr. Jacquet and Mrs. Gray had no ex parte communications to disclose. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider approval of a waiver to the LDRs which would allow 14 02/05/13 banners to be hung in the Garlic Fest site from February 7 -10, 2013 that exceed to 20 square feet limit of this LDR to a size that would be no greater than any that have been allowed in the past. Staff recommends approval. Nancy Stewart - Franczak Executive Director for the Delray Beach Garlic Fest, 2275 South Swinton Avenue, Delray Beach, FL 33444, concurs with comments expressed by Mr. Barcinski. There was no rebuttal or cross - examination. Ms. Morrison stated the Garlic Fest incurs no City expenses. Mr. Barcinski stated the City Commission changed the policies a couple of years ago so now all events pay 100% of the City's costs. Ms. Morrison stated the only financial impact of this event on the City is that it brings a lot of people downtown. Mayor Carney stated he is glad to see that there will be some clarity going forward as to what signs will and what signs will not be permitted. He stated it is very important for sponsors as well as the City know what is permitted and what is not permitted. Mr. Frankel moved to adopt the Board Order approving the waiver request, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.C. RECONSIDERATION OF A WAIVER REQUEST/LINTCO DEVELOPMENT: Consider a request for reconsideration of a waiver request to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (5 1) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on S.W. 4th Avenue for Lintco Development. The City Attorney stated this was denied at the last meeting this is now a reconsideration. He stated either Commissioner Jacquet, Commissioner Morrison, or Commissioner Gray would need to make a motion to reconsider this. The City Attorney stated if the Commission votes to reconsider this item the actual hearing will occur at the February 19, 2013. Mr. Jacquet moved to reconsider the waiver request on February 19, 2013, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.D. AMENDMENT NO. 1 (CHANGE ORDER NO. 1)/ LAYNE INLINER, LLC.: Consider approval of Amendment No. 1 (C.O. No. 1) to Layne Inliner, LLC., in the amount of $25,712.00 for the additional installation of a pipe liner at Hyacinth Drive, to line an existing damaged storm water pipe. Funding is available from 15 02/05/13 448 - 5416 -538 -46.90 (Storm Water Utility Fund: Repair & Maintenance Service /Other Repair/Maintenance Cost). Victor Majtenyi, Interim Director of Environmental Services, stated in December 2012 staff asked Commission to approve an agreement with Layne Inliner, LLC utilizing contract pricing from the City of Orlando contract for lining pipe. Mr. Majtenyi stated it was approved for approximately $17,000.00 and the City has another situation where we need more storm drains. He stated as an amendment to that agreement for an additional $25,000.00 for a drainage system in Hyacinth Drive. Mayor Carney asked if this is an extension of the existing job that they are doing. Mr. Majtenyi stated no this is in a different location but utilizing the contract pricing in the City of Orlando contract; the same scope of work but a different area. Ms. Morrison moved to approve Amendment No. 1 (Change Order No. 1) to Layne Inliner, LLC, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.E. BID AWARD /ACCURATE EVENT GROUP: Consider approval of a bid award to Accurate Event Group in the amount of $30,409.50 for private security services from February 20, 2013 through March 4, 2013 for the Champions/World Tour Tennis Tournament and authorize staff to negotiate a lower price. Funding is available from 001 - 4210 -575 -55.40 (General Fund: Recreational Supplies /Tennis Tournament). Robert A. Barcinski, Assistant City Manager stated the Commission is requested to approve the bid award to Accurate Event Group (second low bidder) to provide security for the ITC Tournament for an amount not to exceed $30,409.50 from February 20 (setup starts) - March 4, 2013. Mr. Barcinski stated staff looked at price, past performance, experience, and references. He stated based on that staff recommends Accurate Event Group. Mrs. Gray asked inquired about the issue with the low bidder. Mr. Barcinski stated there were numerous issues many relating to uniforms but the biggest was the staffing. Mr. Barcinski stated in the middle of the event they were interviewing people on -site putting them in a uniform and on the job with no training. In addition, Mr. Barcinski stated there were issues with people not checking security badges and some people getting into secured sites that should not have gotten there. Mr. Frankel moved to approve the bid award to Accurate Event Group (second low bidder) to provide private security services for the ITC Tournament in the amount of $30,409.50, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. 10.F. AGREEMENT /CHRIS EVERT CHARITIES, INC.: Consider 16 02/05/13 approval of a proposed Agreement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro - Celebrity Tennis Classic. Robert A. Barcinski, Assistant City Manager, stated this item is a request for the Commission to approve a five (5) year agreement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro - Celebrity Tennis Classic. Mr. Barcinski stated this was a three (3) year contract and expired this year and reiterated that the proposal is for five (5) years. He stated the pricing changes year -to -year and they will continue to donate 50% of the City fee payment to the Drug Abuse Foundation of Palm Beach County, Inc. Staff recommends approval of this agreement. Ms. Morrison asked why the City would consider five (5) years versus three (3). Mr. Barcinski stated the event producers prefer five (5) years and it gives the event producer the certainty that they are going to be here for that period of time and it helps them with sponsorships. He feels three (3) years is too short; one (1) year is too short because there is no guarantee; and, any more than five (5) years is too much. Mr. Frankel concurs with comments expressed by Mr. Barcinski and stated he supports the five (5) years. Mr. Jacquet concurs with both Commissioner Frankel and Commissioner Morrison. Mrs. Gray asked if the first contract was for three (3) years. Mr. Barcinski stated originally the first couple of contracts were for one year, two year, and then a three year. She stated the City is getting ready to have a strategic plan done as far as Delray Beach being declared as a "sports destination ". Mrs. Gray stated she supports three (3) years but is not sure about five (5) years being that the City is getting ready to go through a strategic planning. Mr. Jacquet asked if it would be a problem if the City were to push this agreement back a month or two to allow the session that the City is going to have with the Sports Commission. A representative came forward and stated it will not be a problem. Mayor Carney stated he prefers five (5) year contracts because it allows event holders to gain better sponsorship. He stated sponsors view these things as investing and regardless of what the Commission decides to do in the strategic plan he feels the Chris Evert Event is an important part of what the City does at the Tennis Center. Mayor Carney stated he does not see why waiting makes any sense at all only because it is not going to change whether or not the Commission thinks they should come to the City or not for this particular weekend when they hold the event. Mr. Jacquet stated he agrees with Mayor Carney but feels it would not hurt to wait two months. 17 02/05/13 Mr. Frankel stated he has heard nothing but positive things said about this group, the monies they raise for charity, the people they bring to the city, and the economic impact. Mrs. Gray stated the City has had other contracts that have come before them and the Commission has asked for them to wait (i.e. Elev8). Ms. Morrison suggested that everyone come to a compromise and put a clause in the contract that the City can terminate after three years if things change. For the record, Mr. Frankel stated the Sports Commission does contribute to this organization. Mayor Carney stated governmental contracts should be five (5) years with a provision termination that after three (3) years based on performance or whatever reason. He stated we are also going to need some kind of force measure provision in the event that we do some work with the tennis center and if we decide to other kinds of things where they cannot come that the City will not be held liable for that kind of change if the City had to make it. Mr. Carney stated he does not want to be tied to an event if the Commission decides to do something different with the tennis facility. The City Attorney stated staff can put a provision in the agreement that provides that if the City decides to demolish the tennis center that the City has the right to terminate the agreement without cause. The City Attorney asked the Commission if they want to give direction to staff to the changes they want made and that they will approve it with those changes or do they want staff to bring the contract back to staff with those changes and they approve it at a future meeting. Mr. Jacquet moved to approve the Agreement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro - Celebrity Tennis Classic, seconded by Mr. Frankel. At this point, Mr. Jacquet stated he would like to withdraw his first motion. Sharon Painter, Christ Evert Charities and JCD Sports Group, stated they have to be assured that they can have the event this year and noted when they get a title sponsor it is for 3 -5 years. Mr. Jacquet moved to take no action, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Carney — No; Ms. Morrison —Yes. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Mayor Carney dissenting. 10.G. SPECIAL EVENT REQUEST FOR DELRAY BEACH FIREFIGHTERS' AND PARAMEDICS BENEVOLENT: 5K WALK/RUN: 18 02/05/13 Consider approval of a Special Event Permit for the Delray Beach Firefighters' and Paramedics Benevolent 5K Walk/Run to be held on Saturday, May 18, 2013 from 5:00 a.m. until approximately 9:00 a.m.; approve a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right -of -way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pickup and removal and set up and use of half of the small stage. The estimated cost the event, which the sponsor is responsible for, is $1,950.00. Robert A. Barcinski, Assistant City Manager, stated this is a new event from the Firefighters' and Paramedics Benevolent 5K Run/Walk to be held on Saturday, May 18, 2013 from 5:00 a.m. to 7:00 a.m. Mr. Barcinski stated they are requesting waivers of the parking lot fees during that time and this is a fundraiser for the Eric Patrie family. Mr. Barcinski stated the estimated overtime costs for the event is approximately $1,475, plus a 5% administrative fee of $75, stage rental is $265, barricades rental $100 and trash boxes $35, for a total of $1,950. Per the Special Event Policies and Procedures, the event producer is required to pay 100% of all City costs. Staff recommends approval. Mr. Frankel moved to approve Special Event request for Delray Beach Firefighter's and Paramedics Benevolent, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.H. REJECTION OF BID PROTEST/ AREA 12A - PHASE 1 RECLAIMED WATER SYSTEM.: Consider rejecting a bid protest from the second lowest bidder, Ric -Man Construction, Inc. on the Area 12A -Phase 1 Reclaimed Water System project. Victor Majtenyi, Interim Director of Public Utilities, stated staff advertised the bid for the Area 12 Reclaimed Water System Project which encompasses the area from Atlantic Avenue south to Casuarina Road inclusive of Gleason Street east to A -1 -A. Mr. Majtenyi stated at the City's bid opening on January 15, 2013 staff noticed that the low bidder's bid bond was missing some information. However, Mr. Majtenyi stated the surety signed the bid bond form and attached the Power of Attorney form. He stated at that time staff agreed to take a look at that and consult with the Attorney. Mr. Majtenyi stated immediately following the bid opening staff received a bid protest from the second bidder stating that they felt that the low bidder had an unfair advantage stating that they considered the bid bond invalid because it was unenforceable so they had the advantage of bidding and then withdrawing if they did not want to. He stated they did execute everything except for on the top paragraph they did not put the actual amount but all the information in the bid said that it will be 5 %. Mr. Majtenyi stated they viewed this as a minor scrivener's error. Staff requests that the City Commission acknowledge that this is a scrivener's error and reject the bid protect and award to the low bid which is Lanzo Construction. The City Attorney stated under bid protest procedures the protest can only be considered to have merit if it can be proven or lack of action by the City gave a bidder 19 02/05/13 an unfair competitive advantage. The City did respond to the bid protest within the required amount of time and the City's response was that we do not feel that the bid protest gave Lanzo Construction, Co. Florida unfair competitive advantage. The City Attorney stated in the City's bid documents there is language that the Commission has the right to waive any and all informalities and /or irregularities if they consider it in their best judgment. Furthermore, the City Attorney stated in the City's bid documents there is language that the Commission has the right to waive any and all informalities and /or irregularities if they consider it in their best judgment. He stated in accordance with the bid protest procedures the protestor may appear at the Commission meeting and state the bid protest if the Commission votes to deny the bid protest. The City Attorney stated if the Commission votes to deny the bid protest then at the second part of this the Commission would have before them the bid award to Lanzo Construction, Co. The City Attorney stated at that time he would ask the Commission to waive the portion where they failed to put in language on the bid bond form. Doug Roberts, Partner in the Law Firm of Sterns, Roberts, Guttenta2, and Zelmer, LLC and Counsel representing Ric -Man Construction, Inc., 805 East Hillsboro Boulevard, Deerfield Beach, FL 33441, stated the bid opening was on January 15, 2013 and the protest was submitted on January 18, 2013 he received a response from the City Attorney on January 29, 2013. Mr. Roberts stated the basis for their protest is the lack of responsiveness of Lanzo's bid. He stated the form of the bid bond is a form that is dictated and required to be used by bidders when they submit their bid package. The City Attorney stated he looked at most of the cases that Mr. Roberts provided and several of the cases deal with the U.S. Government which is Federal Court Claims which is completely different than what the City is dealing with; another case deals with DOT which is the APA Administration Procedures Act which is not us. The City Attorney stated the City of Delray Beach is under "home rule" and we put in guidelines that say this is what we can waive or we cannot waive. The City Attorney stated in the City's bid documents we provide that we can waive any and all informalities and /or irregularities in the bid if the Commission deems it to be in the best interest of the City. The City Attorney stated the Commission is not here to try to go back to Lanzo and say to them they need to fill in this form because he would asking the Commission to waive that requirement where they failed to fill in that form amount. The City Attorney stated if the Commission were to award it to Lanzo tonight and in- between when the Commission decides to award it to them and before they execute the contract if they walk away; then that is when the City would use a bid bond. However, the City Atttorney stated once Lanzo executes the contract then we have a contract with Lanzo Construction and then we would have certain other remedies if they failed to go forward on that contract. The City Attorney stated procedurally that is the way the Commission would be going if they decide to reject the bid protest. Mr. Roberts stated the City can put in its bid documents that it can waive irregularities but there is a limit that is decided by case law that says you cannot waive material ones. He stated a City can waive irregularities if they deem it is in their best 20 02/05/13 interest; the exception would swallow the rule and there would not be any limitation whatsoever on material deviation from bid documents so long as a public entity thought they were in the public entities best interest. Mr. Roberts stated there is also the interest of competitive fair bidding for public projects. He stated the issue is that at the time the bid was submitted was it responsive or not; was it an irregularity; was it material; did they gain an unfair advantage. Mr. Roberts stated by having that option which no one else had and the fact that they choose to go forward does not take away unfair advantage they gained by having the option to say "okay you are going to award it to us; well we decided we don't want to." Mr. Roberts stated that is an unfair advantage and that is what happened here. The City Attorney stated the City of Delray Beach does not require actual bid bonds; we just accept the form. The City Attorney stated his argument would be that both parties knew that it would be 5% and therefore if the City had to enforce the bid bond form they would seek to enforce it. The City Attorney stated he understands the argument that Mr. Roberts is making; however, he is going under home rule that we have the right to stay in our requirements what we can waive or not waive. He stated if the City were to put language in there that we can only waive provisions that are not deemed material by the Commission then staff would have to look at. Ms. Morrison inquired about the amount of this contract. Mayor Carney stated the contract is $1,538,312 and the bid award is for $1,470,000. Mr. Majtenyi stated the difference between the first and second bidder is approximately $68,000 and noted that there is also a grant riding on this from South Florida Water Management District in the amount of $170,000. Mrs. Gray stated she believes in "home rule" and expressed concern about the $68,000 and asked what type of procedure the City used to determine who actually won the bid. Mr. Majtenyi stated both contracts have been pre - qualified through the pre - qualification process. Mrs. Gray asked if there is anything in the City's documents that state we have to award to the lowest bidder. The City Attorney stated we have to award to the lowest responsive responsible bidder. The City Attorney stated if the Commission is not inclined to waive the missing number in the bid bond then he recommends that the Commission approve the bid protest to Ric -Man and give Lanzo a short period of time if they wanted to file a bid protest and come before the Commission as well. The City Attorney stated if the Commission denies the bid protest procedurally there is nothing that prevents the Commission from moving forward with awarding the bid to Lanzo Construction; however, in that motion that the Commission would use to award it to them they would also need to waive the aspect that they failed to put in the number on the bid bond. Mrs. Gray stated supports the bid protest. Mr. Frankel stated he heard tonight's testimony, read the protest dated 21 02/05/13 January 18, 2013, read the response from the City dated January 29, 2012 and has also heard the information from the City Attorney; and, based on all the information he has heard, read and reviewed he agrees with the City's recommendation of rejecting the bid protest. Mr. Jacquet stated regardless of what is left out the decision rests on the Commission on what is best for the City. He expressed concern with the way that government does business with bids. Mr. Jacquet stated contracts should go out to bid Mr. Carney stated this particular bid form as an ascertainable standard of 5% and was actually signed by the representative of Liberty Mutual. He stated the ability for Liberty Mutual to not pay that 5% if called upon could be remote; had it been signed by an applicant that would be different. Mr. Carney stated holding that hat on the fact that it was not filled out where you do have an ascertainable standard he feels the City is well within its rights to accept this bid. Mrs. Gray inquired about the timeframe so that the City does not lose the funding ($170,000 grant). Mr. Majtenyi stated the project must be completed by August 31st. Mrs. Gray stated she does not want to delay this and by sending it out for re -bid everyone knows the other person is bidding on. Mrs. Gray stated due to the fact that the City has "home rule" she supports awarding this to Lanzo Construction Co. the lowest bidder. Mr. Frankel moved to approve the bid protest, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor Carney — No; Ms. Morrison — No; Mr. Jacquet — No; Mr. Frankel — No. Said motion to approve the bid protest was DENIED with a 5 to 0 vote. 10.1. BID AWARD TO LANZO CONSTRUCTION, CO., FLORIDA: Consider approval of a bid award to Lanzo Construction, Co., Florida in the amount of $1,470,000.00 for construction of the Area 12A -Phase 1 Reclaimed Water System project. Funding is available from multiple accounts. Mr. Frankel moved to award the bid to Lanzo Construction, Co. with the caveat that the Commission is waiving the fact that they failed to write in the exact amount on the bid bond form, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.I. PROPOSAL/EASTMAN AGGREGATE ENTERPRISES, LLC.: Consider approval of a Proposal with Eastman Aggregate Enterprises, LLC. in the amount not to exceed $138,666.00 for the Hurricane Sandy Mitigation project. Funds for this item will be available in the Beach Restoration Fund account number 332- 4164 -572- 31.30 after a budget transfer is made. Paul Dorling, AICP, Director of Planning and Zoning, stated this item is 22 02/05/13 authorization for Eastman Aggregate Enterprises, LLC for Hurricane Sandy sand dune repair in the amount not to exceed $138,666.00. Mr. Dorling stated this is to place 2,500 cubic yards of sand on approximately 750 lineal feet at the north end of the beach. He stated this material is to be obtained from an approved upland source known as the "Stewart Mine" located in Fort Pierce. Mr. Dorling stated if the City approves the contract to Eastman Aggregate Enterprises, LLC has committed to completing the project by permit expiration date of February 28, 2013. He stated the City received a permit from DEP that expires on February 28, 2013 because of the turtle season issues. Mr. Dorling stated staff received good news from Bill Hager's office on Thursday about the potential to use the dredge source. He stated the commitment was for DEP to modify that permit and staff does have an Army Corp permit as well. Mr. Dorling expressed concern that the modifications by DEP would not negatively affect the Army Corp permit and requires its modification because that is a lengthy process and might not be done in the timeframes. He stated the other issue relates to the biological opinion that staff has and noted that after February 28th with the beginning of turtle season that limits the ability for the City to put up sand in the fill area only and it would require modification of that biological opinion. Mr. Dorling recommends that the Commission approve upland source at this time and not issue a "Notice of Intent" to proceed with it until we exhaust our options on the burrow area source. Mayor Carney stated if the dredge comes in the first week in March are we going to be able to get their job done prior to turtle season. Mr. Dorling stated there are specific requirements that we are required to do from a turtle aspect staff has to have somebody out there watching the dredge so that there is hourly monitoring. He stated that process is in place but the issue is that the biological order from the U.S. Fish & Wildlife allows that to be done for that 1.9 mile area with these caveats and conditions. Brief discussion between Mayor Carney and Mr. Dorling followed. Mayor Carney stated we need to get this process started and asked what the chances of use getting to use this additional debt for the northern part of the beach and not have to delay it to after October 1st. Mr. Dorling stated this would up to the U.S. Fish & Wildlife and they may have some issues with stockpiling it until October 1st because that impacts the nesting ability as well. The City Attorney clarified that Mr. Dorling would like this approved, however, he would like a caveat placed on the approval where it would be up to staff to issue a Notice to Proceed. Mr. Frankel moved to approve subject to Mr. Dorling issuing a Notice to Proceed if he deems it is necessary and the City cannot get the sand from the borrow area, seconded Mrs. Gray. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. 10.J. MODIFICATION TO THE AGREEMENT/DR. JOHN 23 02/05/13 FLETEMEYER: Approval of a modification to the Agreement with Dr. John Fletemeyer for Sea Turtle Monitoring through October 31, 2014 to include additional tasks and costs in the amount of $38,750.00. Funding is available from 332- 4164 -5172- 34.90 (Beach Restoration Fund: Other Contractual Service). Paul Dorling, AICP, Director of Planning and Zoning, stated this item is to authorize an amendment to modify the last two years of a three year agreement with Dr. Fletemeyer for sea turtle monitoring through October 31, 2014 and adds $12,600.00 in year 2013 and $14,400.00 in years 2014 to the existing yearly contract amount of $38,750.00. Mr. Dorling stated when the original contract was executed it was for the three years at $38,750.00 under the assumption that the increased task associated with the upcoming fill project would be similar to those of past projects. He stated in recent coordination meetings the full extent of additional reporting tasks from the U.S. Fish & Wildlife service have come under discussion and it includes extensive escarpment reporting, increased lighting survey reporting, and additional reproductive success reporting for the three turtle species in excess of usual fill events. Mr. Dorling stated the contractor has asked for some additional monies to cover those additional tasks. Mr. Frankel moved to approve the modification to the Agreement with Dr. John Fletemeyer for Sea Turtle Monitoring through October 31, 2014, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager Douglas E. Smith, Interim City Manager, stated he received a telephone call today from Representative Lois Frankel's office asking about any Federal priority issues the City of Delray Beach has. Mr. Smith stated he was able to discuss with them the beach issue and the sober house issue. He stated the City Attorney's office has some information they have put together on the Federal level that staff will be providing to them as well as information on the beach issue. In addition, Mr. Smith stated staff will continue to work on getting the Federal lobbying services RFP out. 13.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet asked staff to look into the ATV issue. Secondly, he stated there is a Committee Against Gun Violence started by Debbie Albeck from Boca Raton and they are having a meeting on Thursday, February 7, 24 02/05/13 2013 at 7:00 p.m. at Coco Wood Lakes (near the intersection of Atlantic Avenue and Jog Road). In addition, Mr. Jacquet stated there is another group of mothers regarding gun violence who have a group and they have a Town Hall meeting on Sunday, February 10, 2013 at St. Paul's Episcopal Church. Mr. Jacquet stated he put those two groups in touch with each other because they had no idea the other group existed. Mr. Jacquet stated he spoke to Virginia Snyder regarding a potential park to be named for her. Mr. Jacquet stated the Sun - Sentinel News mis- quoted him regarding a comment about the beach. For the record, Mr. Jacquet clarified that the concern we have is the very valuable beach properties that we have and we do not want to lose them. Mr. Jacquet clarified that he was not talking about the beach property owners but rather the private beach properties. Mr. Jacquet stated he spent a lot of time with the Police Department recently and noted that he goes to their crime meetings and drives around the city on a regular basis and commended the following officers who are doing remarkable work: Officer VanNess, Officer Brown, Detective Gary Ferreri, and Sergeant Weatherspoon. Mr. Jacquet stated these individuals do remarkable work and he is very proud of the Police Department. Lastly, Mr. Jacquet stated there is concern in the community about cat colonies starting to spread and stray animals and asked if this is going to be addressed. 13.C.2. Ms. Morrison Ms. Morrison stated Officer VanNess is amazing and commended the entire Police Department. Secondly, Ms. Morrison stated she attended the Employee Service Awards last week and she was amazed to see how many long -term employees the City has. Ms. Morrison stated on last year's financial report the City was over $1 million in permits and noted we are getting very busy in the permitting department. She stated she would like to make sure that we are following up on the Planning and Zoning Best Practices that were submitted by the Six Pillars so the City can streamline some of the practices and procedures to let things go a little smoother. Ms. Morrison asked staff to look into this. Ms. Morrison stated the Commission never discusses the City's financial statements at these meetings and the only time City residents hear about financials is in the fall when the City informs them that we might have to raise their taxes. She stated this is not fair to the residents who pay the taxes and asked staff to provide a one page update on the 5m or 6m month into the year on how the City's accounts are doing. 25 02/05/13 There being no further business, Mayor Carney declared the meeting adjourned at 9:10 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 February 5, 2013, which Minutes were formally approved and adopted by the City Commission on March 5 2013. 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. 26 02/05/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE MCDONALD'S RESTAURANT LOCATED AT 14529 MILITARY TRAIL 2013. 1. These waiver requests came before the City Commission on February 5, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for McDonald's Restaurant located at 14529 Military Trail. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.8(A)(3) Pursuant to LDR Section 4.6.8(A)(3), parking lots in Commercial and Industrial areas shall have a maximum illumination of 12 foot candles. The applicant is asking for a waiver to allow lighting in the parking lot to have a maximum illumination of 47.5 foot candles. Should the waiver to Section 4.6.8(A)(3) be granted? Yes ✓ No 1 February 5, 2013 City Commission Meeting; Item 1 0.A. B. Waiver to LDR Section 4.6.8 B 3 b Pursuant to LDR Section 4.6.8(B)(3)(b), spillage of a maximum of 0.25 foot candles is allowed. The applicant is asking for a waiver to allow spillage of 40.2 foot candles. Should the waiver to Section 4.6.8(B)(3)(b) be granted? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Flan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of February 2013, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk 2 �I Thomas F. Carney Jr., Mayor February 5, 2013 City Commission Meeting; Item 1 0.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST REGARDING AN INCREASE IN SIZE OF TEMPORARY SPECIAL EVENT NON - ROADWAY BANNERS FOR GARLIC FEST 1. This waiver request to allow an increase in size of temporary, special event non - roadway banners to exceed 20 sq. ft. in area came before the City Commission on February 5, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow special event non - roadway banners to exceed 20 sq. ft. in area. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. WAIVER: Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver Request: A waiver to LDR Section 4.6.7(F)(3)(f)(4), to allow an increase in size of temporary special event non - roadway banners from the twenty (20) square foot area size maximum provided in the LDRs to approximately twenty -four (24) square foot area size. Does the waiver request to increase the special event non - roadway banner size meet all the requirements of 2.4.7(B)(5)? Yes ✓ No February 5, 2013 City Commission Meeting; Item 1 0.B. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of February, 2013, by a vote of 5 in favor and 0 opposed. Thomas F. Carney, Jr., Mayor ATTEST: Chevelle Nubin, City Clerk E February 5, 2013 City Commission Meeting; Item 1 0.B. WHEREAS, Xi Pi Omega Chapter of Alpha Kappa Alpha Sorority, Inc., was chartered on February 26, 1983 under the clear vision of Mrs. H. Ruth Pompey. The organization has provided a rich history of service programs to the communities in South Palm Beach County; and WHEREAS, in conjunction with the Alpha Pearl Foundation, Inc., the Xi Pi Omega Chapter has participated in several service projects including partnering with St. Paul A.M.E. Church to feed the hungry, helping with the annual Health Fair at Village Academy, offering an annual Senior Citizen Empowerment Luncheon, distributing Thanksgiving baskets through the Keith Straghn Foundation, participating in the Martin Luther King parade and the Susan G. Komen Race for the Cure. Xi Pi Omega assisted with rights to restoration workshops and voter registration drives for the 2008 and 2012 elections; and WHEREAS, Xi Pi Omega partnered with the men of Alpha Phi Alpha for their first Martin Luther King Sunday Supper Day of Service at St. Paul Episcopal Church in Delray Beach. The organization provides annual scholarships totaling $20,000 to high school students in South Palm Beach County through fundraising activities; and WHEREAS, Xi Pi Omega celebrates 30 years of dedication to the enrichment of education cultivating an awareness of social issues and promoting health and wellness in the community. NOW, THEREFORE, I, THOMAS F. CARNEY, JR., Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend: XI PI OMEGA Chapter of Alpha Kappa Alpha Sorority, Inc. for 30 years of success and hereby commend the community efforts of Xi Pi Omega in becoming an integral part of the local activities and advancing the public interest and growth in the City of Delray Beach. 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 5h day of March, 2013. THOMAS F. CARNEY, JR. MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: February 26, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 ACCEPTANCE OF A WATER EASEMENT DEED / HARBOR PLAZA FRESH MARKET ITEM BEFORE COMMISSION Acceptance of an exclusive water easement deed for a water main at Harbor Plaza Fresh Market. BACKGROUND On June 13, 2012, SPRAB approved the Class IV site plan for Harbor Plaza to accommodate a Fresh Market. This included the demolition of 17,060 square feet of the existing plaza, and construction of a 23,740 square foot addition. Harbor Plaza is located at 1725 S Federal Highway, which is at the northeast corner of the intersection of S. Federal Highway and Linton Boulevard. See location map for details. Due to the the addition of the Fresh Market at Harbor Plaza, an existing fire hydrant needed to be relocated. An existing water main will be extended to accommodate for the relocation of this fire hydrant. As a result, a 12 foot water easement is required so that City crews can access and perform maintenance operations associated with the extension of the City maintained water main. RECOMMENDATION Staff recommends approval of water easement deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorneys Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ' day of l , 2013, by and between Fairway - Harbor, LLC, with a mailing address of 2830 Cahab Road Birmingham, AL 35223, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1 st 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 water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water 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: (name printed or typed) STATE OF ALABAMA COUNTY OF JEFFERSON PARTY OF THE FIRST PART FAIRWAY — HARBOR, LLC, an Alabama limited liability company By: The Thompson Development Company, Inc., an Ad4bamia corporation, its Manager Guy S. Vice P The foregoing instrument was acknowledged before me this A� ` day of 2013 by Guy S. Clifton {name of officer or agent), of The Thompson Developmene Company, hic., an Alabama corporation, the Manager of Fairway — Harbor, LLC, an Alabama limited liability company, on behalf of the limited liability company. He /She is personally own to me or has produced (type of identification) as t ent fication and i W nd did /did not take an oath. Si atur of Notary Public - ��e`����� State of &o &A-A A r •e R (J$LIC i'rs errs E04 +O° °���* 2 LAND DESCRIPTION WATERLINE EASEMENT CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA A portion of TRACT A, OLD HARBOR PLAZA PLAT No.2, according to the Plat thereof as recorded in Plat Book 68, Pages 135 -136 of the Public Records of Palm Beach County, Florida being more particularly described as follows: COMMENCING at the Northwest corner of said TRACT' A, OLD HARBOR PLAZA„ PLAT No.2; THENCE South 31'35'45" West, on the West line of said TRACT A, OLD HARBOR PLAZA PLAT No.2, a distance of 275.88 feet to the North line of an existing 12 foot Water Easement as shown on said flat; THENCE South. 58 026'16" East on said North line of an existing Water Easement, a distance of 172.61 feet to the POINT OF BEGINNING; THENCE North 89 °37'05" East, a distance of63.33 feet; THENCE South 00°22'551" East, a distance of 12.00 feet; THENCE South 89 °37'05" West, a distance of 61.33 feet to a point on the Easterly line of said 12 foot 'eater Easement; THENCE North 31 °33'44" East on said Easterly line of the 12 foot Water Easement, a distance of 9.12 feet; THENCE North 58°2616" West, on said the North line of the 12 foot Water Easement, a distance of 8.05 feet to the POINT OF BEGINNING, Said lands lying in the City of Delray Beach, Palm Beach County, Florida, and containing 711 square feet (0.01 acres), more or less. NOTES 1. Not valid without the signature and original ernbossed seal of a Florida licensed Professional Surveyor and Mapper. Prepares] By: CALVIN, GIORDANO AND ASSOCIATES, INC. 1800 Eller Drive, suite 600 Fort Lnudordale, Florida 33316 October 3, 2012 P:1Projects120111114663 stiles -Delray Harbor P1vaL5urve}\Lega1 DescriptionAl 14663 -SD -W TERLI�TE ESP4T.docx Sheet 1 of 3 Sheets 2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements, rights-of- way or other instruments that may appear in the Public Records of Braward County, 3. Bearings shown hereon are relative to the West line of TRACT A, OLD HARBOR PLAZA PLAT No.2, having a treasured bearing of South 31035'45" West. 4, The description contained herein and depicted on the attached sketch does not represent a )field Boundary Survey. CAL J Professional Sit veyof and Mapper Florida Registpation Number LS 4479 , INC. Date: Prepared By: CALVIN, GIORDANO AND ASSOCIATES, INC. 1800 Eller Arive, 8uita 600 Fort Laudcrdalo, Florida 33316 October 3, 2012 P:IPrnjeets\201I1I14663 Stiles - Dehay Harbor Pla mMurveyiLepl Desuriptionsll14663 -SD- WATERLINE- FSh4T,dorx Sheet 2 of 3 Sheets Ef f1 �,� bf_ f) SKETCH OF SESC RIPTION WATERLINE EASEMENT CITY OF BELRAY BEACH PALM BEACH COUNTY, FLORIDA BANYAN TREE LANE SI=T MA IVAII. 8c BR SS WASHER North line ofi TRACT A , o�l� HARBOR Plaza FLAT' No. 2 �I'.8.68, PGS.135 -136, F'.S.C.R,) Point of Commencement F NW Corner of TRACT "A" OLD HARBOR PLAZA PLAT No. 2 (P.B. 68, PG. 135, P.B.C.R.) h f � A, �. .� 0 z f a 4I SCALE 1 "= 30' .'1-.._ .......:...:..� � 3 I ��GL.,... H�LR��RRACT .._��:.::,..- .- .._._.�:::. I -... I L A I_f n:,1 .6} S. 1351 1 B, B.' .R ry Point of Beginning. �j [12VATE ry `� NUJ$ "26'1fi "'W 18.05' LEGEND: EASEMEN I � I �'' ' • t �f j P,B,C.R. Palm Bach County Records P.B:68,PGS.135 -1 6 . N89 37 I5 63.33. l.�Bf1 tZ'FI11'iQ P. RU D,81 Deed Book i =yf . 3 5 . °;t_ 1 N I,.B Licensed Business � _ = �,a✓��`1 _ ;.�- ,� f �. '�: � �= � Q.R.B. Official Records Book S 03 0 w P.B. Plat Book _ ___ rM _�:,-_r. �: ____ :: .� = - 1: .�_m _ rn i PG. Page 12 SANITARY i 9.12' R/W Right—of—Way W!= 6A ME T 1 -.]� _ _ SQ,FT. 5quore Feet S 13_t j1 Calvin, Giordano & Associates, Inc. /� HARBOR PLAZ■A� sc" PRUlEGTN. sfjrET FXCI:PT10NAf. 50LUT10N5 WATERLINE EASEMENT 1 „ -��' �' —���� 1900EIkr Vrfve, $die WO, Enr<I,a WRaiale, F1crlda 3331$ Phone: 954421.7781 Fier 954.921.S607 oarE CAO FLEE - e Certffleate of authorization 879E 02-11-201 � c 0 Oi 1j , dIP hE 4t f low —1 ++l: i A [16 lb 4i I' I i, 0�10,6 M& - Iff ir It 90 do 1W, — MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: February 20, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 SERVICE AUTHORIZATION NO. 07- 17.3 / MATHEWS CONSULTING, INC. /RECLAIMED WATER, AREA 12A ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization No. 07 -17.3 to Mathews Consulting, Inc., in the amount of $64,118.00 for construction administration and specialty inspection services, for the Reclaimed Water, Area 12A Project #11 -036. BACKGROUND On February 1, 2011, City Commission approved Service Authorization #07 -17 to Mathews Consulting for design services relating to the Area 12A Reclaimed Water System project. The project limits include the area on the barrier island south of Atlantic Ave to just north of Casuarina Road. On September 9, 2011, Commission approved Service Authorization No. 07 -17.1 (Amendment #1) to Mathews Consulting, Inc. in the amount of $14,850.00 for conducting additional soft -dig explorations. On April 3, 2012, Commission approved Service Authorization No. 07 -17.2 to Mathews Consulting, Inc. in the amount of $33,146.00 for additional professional engineering services in the design of Area 12A Reclaimed Water System. Service Authorization No. 07 -17.3 provides construction administration support services and specialty inspections services during the construction of the new 4, 6 and 10 -inch reclaimed mains; 6 and 8 -inch water mains; 15, 36 and 48 -inch drainage piping and roadway improvements that will be installed in the project area. These specialty inspections are for work relating to directional drilling, areas exhibiting multiple utility conflicts, and for work requiring certifications. As the design engineer of record, Mathews Consulting will be required to certify all project related work permitted by outside agencies; FDOT (roadwork), PBCounty Health Department (water mains), and SFWMD (drainagework). For the Area 12A (Phase 1) Project, $170,000.00 grant was obtained from South Florida Water Management District ( SFWMD). The grant requires that the project be completed by August 31, 2013. Since 2005 Mathews Consulting has been successful in assisting the City with obtaining approximately $2,000,000.00 from SFWMD under the Alternative Water Supply Grant program for the City's Reclaimed Water System. FUNDING SOURCE Funding is available from 441 - 5161 -536 -68.73 (Water and Sewer Fund: Improvements Other/ Reclaim Water, Area 12A). RECOMMENDATION Staff recommends approval of Service Authorization No. 07 -17.3 to Mathews Consulting, Inc., in the amount of $64,118.00 for construction administration and specialty inspection services, for the Reclaimed Water, Area 12A Project. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07 -17.3 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: 441 -5161- 536 -68.73 CITY PROJECT NO. PIN 2011 -36 MATHEWS CONSULT. PROJECT NO. 1561 TITLE: Reclaimed Water Ext)ansion Area 12A — Additional Services This Amendment No. 3, when executed, shall be incorporated in and shall become an integral part of Consulting Service Authorization No. 07-17. TITLE: Agreement for General Consulting Engineering Services L PROJECT DESCRIPTION This Amendment No. 3 provides for construction administration support services and specialty inspection services during the construction of the new 4, 6 and 10 -inch reclaimed mains; 6 and 8-inch water mains; 15, 36 and 48 -inch drainage piping; and roadway improvements that will be installed in the project area. The City recently selected Lanzo Construction Company to build the project. The project also has a South Florida Water Management District (SFWMD) Grant in the amount of $170,000, which has the requirement that the project must be fully completed by August 31, 2013. The construction duration is 180 calendar days for final completion. H. SCOPE OF SERVICES Phase V — Construction Administration Phase Task S.1- Conformed Contract Documents Consultant shall prepare conformed Contract Documents (Drawings) for use by the Contractor and City during construction. Consultant shall provide City with four (4) sets of conformed construction drawings and one (1) CD in pdf format. Consultant shall provide Contractor five (5) sets of conformed construction drawings and one (1) CD in AutoCad format. Amendment302J07 113 Task 5.2 - Preconstruction Conference Consultant shall attend a preconstruction conference with representatives of City, Contractors and major subcontractors for the construction contract. City shall prepare, in writing, minutes of conference. Task 5.3 — ShopDrawinj Review Consultant shall receive, log, and review Shop Drawings and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 45 submittals (total, which includes submittals, and re- submittals, if required) is included in the budget. Consultant will. review and return submittals to City and Contractor within 7 to 14 calendar days of receipt. Task 5.4 --- Bi- Monthly Meetings Consultant sball attend bi- monthly construction progress (12) meetings to be held at the City of Delray Beach Utility Services Department. The City shall provide a written summary of the issues discussed. Task 5.5 — Construction Clarifications Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. Consultant shall issue interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Contractor. These interpretations will be rendered and a response prepared and submitted to the Contractor within 7 calendar days. Task 5.6 — Coordination Nffith—City of DelraV Beach Consultant shall coordinate (Regulatory Issues, Contractor Issues, Field Changes, etc.) as required with the City of Delray Beach regarding construction of the project. Items include but not limited to: Explanation and/or clarification of plans and specs, review alternate procedures for compliance; assistance in coordination with outside regulatory agencies (construction standards, meetings, inspections, etc.); assistance with physical field conflicts (modifying proposed pipe location to avoid conflicts, maintaining required separations from other utilities, etc.). Task 5.7 — CoordinationlConstruction Certifications w/ PBCHD SFWMD & FDOT Consultant shall certify to Palm Beach County Health Department (PBCHD) based on the visible project features, City & Consultant inspections and As -Built drawings, that the water mains are constructed in accordance with the plans and specifications submitted in the permit application. Consultant shall also certify to the South Florida Water Management District (SFWMD) that the drainage improvements are constructed in accordance with the plans and specifications submitted in the permit application. Amendment3 02/07/13 2 Consultant shall also certify to Florida Department of Transportation (FDOT) that the work in FDOT R -O -W's (Atlantic Avenue) are constructed in accordance with the plans and specifications submitted in the permit application. This also includes coordination with FDOT inspectors during the construction work. Task 5.8 —Specialty Inspections Consultant shall provide specialty inspections of the project during key construction intervals, for the following (we have budgeted 225 hours for this task): • Pressure test of Open -Cut Reclaimed Water Main. • Drawing C -35: Directional Drill installation & pressure test of directional drill piping. • Drawing C -37: Connections to existing RWM piping. • Roadway restoration along Atlantic Avenue. • Critical "Unknown" Utility Conflicts. • Drainage Facilities. • Dewatering Methods. • Removal of Unsuitable Material. • Reclaimed Water Meter Boxes. • Assist with coordination with Florida Public Utility Company (Gas). Task 5.9 - Substantial and Final Inspections Consultant shall conduct a substantial and final inspection with the City's construction management staff to determine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch -list will be prepared for each inspection ( substantial & final). Task 5.10 - Review As-builts Consultant shall review Contractor as- builts on a monthly basis and provide our comments back to the City and Contractor in red -line format. III. TIME OF PERFORMANCE The project is estimated to be completed within 180 calendar days from the time a written "Notice to Proceed" is provided to the Contractor. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. Services to be provided by the City and other related key assumptions include: Amendment302 /07113 1. The construction duration is 180 calendar days. 2. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawings files. Four (4) sets of final signed and sealed RECORD drawings by a Florida Registered Surveyor (and the drawings in Autocad.dwg and .pdf formats) will then be submitted by the Contractor to the City. One set of RECORD drawings will be provided to Consultant for submittal to Palm Beach County Health Department, South Florida Water Management District and Florida Department of Transportation. 3. Specialty inspections are based on a maximum of 225 hours. 4. City personnel will provide daily inspections of the project. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article V1I, Method II, up to the following not to exceed cost for each phase. Refer to Attachment for budget summary. Engineering Services Estimated Fees Phase V — Construction Administration $62,118.00 Out -of- Pocket Expenses $ 2.000.00 tip TOTAL PROJECT COST $64,118.00 Notes: ( 0ul -of- Pocket Expenses include the following: printing /reproduction and postage. Amendment3O2 /07/13 4 This Service Authorization Amendment No. 3 is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any fizrther notice to proceed. Approved by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Name Mayor Title Approved as to Legal Sufficiency and Form Amendment302 /07 /1 3 Date: David Mathews, P.E., Vice President Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2013 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He /She is (personally known to me) or (has produced identification), Florida Driver's License and (did /did not) take an oath. 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SOE h C� fb �r v •C I V LLJ Lo (1 L i Lo LC1I LIA LIS Lo Lo J J U) U% CI) U) a CJ Z I N i € @ j U C m N O U v L iE uu :AW. ks T } N Wr t n w m Ykh+IAR ST. F COCOwl NOMAMW AYE a *OEM TER. A/LAIy11C 41^�Mf ST. 7 F ' at LANCER CASUARNiA RD, WAY Llt—� SE STk ST. /JGDA m y `bul p C7 AREA 12A RECLAIMED WATER SYSTEM - PHASE I P/N 2011 -036 Project Location Map MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: February 21, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 REVISED TRIPARTITE AND INTERLOCAL AGREEMENT: CITY OF DELRAY BEACH/ SCHOOL BOARD OF PBC / ACCF ITEM BEFORE COMMISSION Tripartite and Interlocal Agreement between the City of Delray Beach, the School Board of Palm Beach County, and the Community Child Care Center d/b /a Achievement Centers for Children and Families (ACCF). BACKGROUND The purpose of the attached Tripartite and Interlocal Agreement between the City, the School Board, and ACCF is to provide for the funding and operation of a pilot summer camp program with reading enhancements to help further third grade reading proficiency through the campaign for grade level reading. The Commission approved a different version of this agreement at the February 19th Commission meeting, but it was not the final version agreed to by the School Board. This agreement is the final version, and it will supersede the agreement that was approved by the City Commission on February 19, 2013. RECOMMENDATION The City Attorney's Office recommends approval. TRIPARTITE AND INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA THE CITY OF DELRAY BEACH, FLORIDA AND THE COMMUNITY CHILD CARE CENTER FOR THE FUNDING AND OPERATION OF A PILOT SUMMER CAMP WITH READING ENHANCEMENTS TO HELP FURTHER THIRD GRADE READING PROFICIENCY THROUGH THE CAMPAIGN FOR GRADE LEVEL READING THIS TRIPARTITE AND INTERLOCAL AGREEMENT is made and entered into this day of , 2013, by and between the COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not - for - profit corporation d /b /a Achievement Centers for Children and Families" (hereinafter referred to as "ACCF "), the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board ") and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City "). WITNESSETH: WHEREAS, School Board owns and operates Pine Grove Elementary currently located at 400 S.W. 10th Street, Delray Beach, FL 33444 ( "Pine Grove "); and WHEREAS, the parties desire to enter into this Tripartite and Interlocal Agreement ( "Agreement ") to provide for funding to further third grade reading proficiency through the campaign for grade level reading implemented by a Pilot Summer Camp with Reading Enhancements; and WHEREAS, the parties support collaborative initiatives between the School Board, the City, and ACCF to provide additional learning and development opportunities for children during the summer to help stop summer learning loss. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants herein set forth, the parties hereby agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to provide for the funding and operation of a Pilot Summer Camp with Reading Enhancements to further third grade reading proficiency through the campaign for grade level reading implemented by a summer camp to be located at Pine Grove Elementary as more specifically described in Exhibit "A" attached hereto and made a part hereof. The focus of the program shall be to help stop summer learning loss for approximately 120 students from kindergarten through 3rd grade, however 4th and 5th grade students may also be included if there are enough available slots available in the program. Cooperation of all parties is imperative to make this program successful. Section 1.03 Definitions. The defined terms as used in this Agreement shall have the following meanings: A. "Board Facilities" and /or "Board Facility" shall mean Pine Grove Elementary School located at 400 SW 10th Street, Delray Beach, FL 33444, which is owned and /or operated by the School Board that are made available for public use by the School Board and /are used primarily for the delivery of recreational, educational and community based activities, excluding facilities that are leased, licensed, or under the contractual control of others. The terms "Board Facilities" and /or "Board Facility" shall include, but shall not be limited to: seven (7) classrooms, the cafeteria, athletic fields, and playgrounds. B. "Priority of Use" shall mean the priority of uses when there are conflicting requests for the use of a facility. For Board Facilities, the Priority of Use shall be as follows: a. School Board activities and programs or School Board Facility lease agreements; b. County and City activities and programs pursuant to a separate interlocal agreement(s) entered into by the School Board on or before the effective date of this Agreement; C. Out -of- School Services Programs, conducted by ACCF pursuant to this Agreement; and d. City activities and programs pursuant to a separate interlocal agreement entered into by the School Board after the effective date of this Agreement. The parties shall designate to each other a person to be contacted regarding scheduling the use of any Board Facilities. ARTICLE 2: FUNDING Section 2.01 The City agrees to fund the Pilot Summer Camp with Reading Enhancements at the designated Board Facilities as mutually agreed upon by the 2 parties contingent upon the availability of scholarship funds from other sources to support services. The City and ACCF will share costs for a certified teacher, books, arts and crafts, and transportation to and from field trips. The School Board, City, and ACCF shall be authorized to seek grants, funding gifts, and other funds in order to fund the Summer Camp with Reading Enhancements from sources other than the funding provided by the City. There shall be no requirement for additional funding or continued funding after the dates designated for the services of programs designated. Section 2.02 The City shall provide funding for the operation of the Summer Camp with Reading Enhancements each year (subject to approval of the City Commission) as follows: A. Funding costs up to ten thousand dollars ($10,000.00). Section 2.03 The City shall pay ACCF the above - referenced funds, as they become available and are approved by the City Commission each year. ARTICLE 3: OWNERSHIP Section 3.01 The Board Facilities shall remain in the ownership of the School Board and subject to all terms and conditions imposed herein subject to School Board policy and Florida Statutes and Department of Education rules. ARTICLE 4: USE OF PROPERTIES Section 4.01 Use of Board Facilities /Program. A. The School Board agrees to make Board Facilities, including, but not limited to: the cafeteria, athletic fields, playgrounds, seven (7) classrooms, and WiFi internet service at Pine Grove Elementary available for use by ACCF as a traditional summer camp including 2 hours /day reading enhancements for a total of 10 hours a day, 5 days a week, Monday — Friday from June 10, 2013 — August 2, 2013, 7:30 a.m. — 5:30 p.m. The Board Facilities shall be made available to ACCF according to the Priority of Use at no cost or expense to ACCF, as provided for in this Agreement. ACCF's use of Board Facilities shall be subject to and in accordance with: 1. The terms and conditions of this Agreement; 2. The School Board's rules, regulations and policies governing the use of Board Facilities; 3. All applicable local, state and federal laws. B. The Pine Grove Elementary principal shall have approval authority and responsibility for his/her campus and shall coordinate scheduling the use of the designated Board Facility with the ACCF CEO. The Summer Camp with Reading 3 Enhancements Program requested by the ACCF shall be consistent with the goals and mission of the School Board. Section 4.02 Manner of Use; Cleanup. ACCF agrees to utilize the Board Facilities in the manner, and to the extent and degree intended for the particular facility and further agrees to leave the Board Facility in a clean and orderly condition upon leaving the facility. Section 4.03 Vandalism or Other Damage to Board Facilities When in Use Pursuant to this Agreement. ACCF agrees to be responsible for vandalism or other damage occurring to the Board's Facilities during the periods the Board's Facilities are used by ACCF. The School Board shall cause such repairs to be made as necessary to correct the damage to the Board's Facilities in an expeditious and timely manner and submit an itemized invoice to ACCF for damages incurred during the ACCF's use of the Board's Facilities. All invoices for damage repairs shall be paid by ACCF within sixty (60) days of receipt of the invoice for the damages. ARTICLE 5: CUSTODIAL SERVICES /MAINTENANCE Section 5.01 School Board shall be responsible for custodial and security services at all Board Facilities, with such services to be performed by Board or Board's designee. Section 5.02 The parties acknowledge and agree that School Board may close Board Facilities in order to perform maintenance or repairs to the Facility as necessary with at least 10 days notice to the other parties. ARTICLE 6: ACCESS AND SITE SECURITY ACCF will be responsible for securing Board Facilities after each use. ARTICLE 7: LIABILITY /INSURANCE Section 7.01 The School Board and City acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of any employee acting within the scope of the employee's office or employment. School Board and City agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties 4 acknowledge that the foregoing shall not constitute an agreement by either School Board and/or City to indemnify the other or ACCF, nor a waiver of sovereign immunity, nor a waiver of any defense the School Board or City may have under such statute, nor as consent to be sued by third parties. ACCF shall, in addition to any other obligation to indemnify the School Board and /or City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board and /or City, their respective agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses, (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of or claimed to have resulted in whole or in part from any actual or alleged act or omission of ACCF, or anyone directly or indirectly employed by ACCF, or of anyone for whose acts ACCF may be liable; or violation of law, statute, ordinance, governmental administration order, rule or regulation. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation or benefits payable by or for ACCF under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the School Board and/or City to enforce this Agreement shall be borne by ACCF. ACCF recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the School Board and City in support of this indemnification in accordance with the laws of the State of Florida. This article will survive the termination of this Agreement. Section 7.02 Without waiving the right to sovereign immunity, the School Board /City acknowledge that they are either; (i) self- insured for general liability and automobile liability in the amount specified in Florida Statutes Section 768.28, as may be amended from time to time, or (ii) maintain third -party commercial insurance meeting at least the amounts as set forth in the following sentence. In the event either party maintains third - party commercial general liability or business automobile liability insurance in lieu of exclusive reliance on self - insurance, the party maintaining the third -party insurance shall maintain limits of not less than Five Hundred Thousand Dollars ($500,000) combined single limit for bodily injury or property damage and shall add the other party as an additional insured to the commercial general liability policy, but only with respect to negligence arising out of this Agreement that is not a result of the other party's negligence. The additional insured endorsement for the City shall read the "The City of Delray Beach, its Officers, Employees and Agents ". The additional insured endorsement for the School Board shall read "The School Board of Palm Beach County, Florida, its Officers, Employees and Agents ". The parties agree additional insured endorsements shall provide coverage on a primary basis. Claims -bill tailored coverage shall not be considered third -party liability coverage for purposes of this Agreement. The parties agree to maintain or to be self - insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide G� the other party with an affidavit or certificate of insurance evidencing insurance, self - insurance and /or sovereign immunity status, which the parties agree to recognize as acceptable for the above - referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. Section 7.03 With respect to use of Board Facilities under this Agreement by ACCF, the ACCF shall be required to provide, at a minimum, the following: A. ACCF shall purchase from and maintain coverage from a company or companies lawfully authorized to do business in the State of Florida and rated "B +" or better in Best's Insurance Guide. In addition, such insurance shall be for no less than the following amounts (subject to review and revision by the School Board and City from time to time): (a) automobile: in the minimum amount of $1,000,000 per injury and per death; (b) Comprehensive General Liability: in the minimum amount of $1,000,000 per occurrence for both personal injury and property damage; and (c) Workers Compensation: Statutory and Employers Liability in the minimum amount of $1,000,000. Upon the execution of this Agreement, ACCF shall supply the School Board and City with a Certificate of Insurance as required by this section, naming the School Board and City as an additional insureds. Such Certificates shall provide written notice to the School Board and City thirty days prior to any cancellation of any insurance policy. Receipt of such notice shall be considered grounds for termination of this Agreement. ARTICLE 8: DISPUTE RESOLUTION Section 8.01 In the event an issue arises which cannot be resolved between the parties regarding the use or availability of a Board Facility or the implementation, supervision, or conduct of the Summer Camp with Reading Enhancements Program, the dispute shall be referred to the School Board's Superintendent, the City's City Manager, and the CEO of ACCF or their respective designees, who shall all make a good faith effort to resolve the dispute. ARTICLE 9: ACCEPTANCE OF PROGRAMS AND SERVICES By mutual agreement, the ACCF services or programs may be removed or relocated to another site maintaining the available funding for the services or programs. ARTICLE 10: LICENSE Notwithstanding any provision of this Agreement to the contrary, the use of the Board Facilities or the delivery of services or programs by the City /ACCF shall only amount to a license to use the Board Facilities on a non - exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree 0 that nothing in this Agreement shall be construed as granting either City /ACCF any title, interest or estate in the Board Facilities. ARTICLE 11: DEFAULT The parties agree that, in the event any party is in default of its obligations under this Agreement, the non - defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non - defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. ARTICLE 12: TERMINATION Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by any party: (i) without cause upon ninety (90) days prior written notice to the other parties or (ii) with case upon the expiration of the thirty (30) day cure period provided for in Article 12 above. ARTICLE 13: ANNUAL APPROPRIATION Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years, including the solicitation and acquisition of grants and /or gifts. ARTICLE 14: NOTICES All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: If to City: Doug Smith, Interim City Manager City of Delray Beach. 100 N.W. 1 st Avenue Delray Beach, FL 33444 If to School Board: Chief of Support Operations School Board of Palm Beach County 3300 Forest Hill Blvd., B -302 West Palm Beach, FL 33406 7 With a Copy to: Dr. Marline Campbell, Principal Pine Grove Elementary 400 S.W. 10th Street Delray Beach, FL 33444 and General Counsel P.O. Box 19239 West Palm Beach, FL 33416 If to Achievement Centers for Children and Families: Nancy Hurd, Chief Executive Officer 555 N.W. 4th Street Delray Beach, FL 33444 Any party may, from time to time, change the address to which notice under this Agreement shall be given to such party, upon prior written notice to the other parties. ARTICLE 15: GOVERNING LAW AND VENUE This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. ARTICLE 16: EQUAL OPPORTUNITY PROVISION The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender identify or expression 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. ARTICLE 17: CAPTIONS The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. ARTICLE 18: SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect 0 the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 19: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. ARTICLE 20: INCORPORATION BY REFERENCE Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. ARTICLE 21: AMENDMENT Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. ARTICLE 22: WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. ARTICLE 23: CONSTRUCTION No single party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other parties based upon who drafted it. ARTICLE 24: NO THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third -party beneficiary or otherwise. ARTICLE 25: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01 (11), Florida Statutes. ARTICLE 26: EFFECTIVE DATE/TERM This Agreement shall become effective when signed by each of the parties, approved by the City, School Board and ACCF and filed with the Clerk of the Circuit Court in and for Palm Beach County. The term of this Agreement shall begin June 10, 2013 and terminate on August 2, 2013. ARTICLE 27: ACCEPTANCE OF FACILITIES The School Board and City shall not be required to make any improvements or repairs to the Board Facilities as a condition of use of the Board Facilities by ACCF. The City and ACCF shall accept the Board Facilities in their "As is ", "Where is" condition. The parties acknowledge and agree that neither School Board nor City has made any warranties or representations to the other parties regarding the Board Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Board Facilities for use by ACCF. ARTICLE 28: BACKGROUND SCREENING REQUIREMENTS All ACCF employees who are permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. ACCF shall insure that all ACCF employees submit to a background check, including fingerprinting by the School Board's Police Department, at the sole cost of ACCF. No ACCF employee shall be permitted access to the Board's Facilities when students are present, to have direct contact with students or to have access to or control of school funds until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of any ACCF employee Lor discontinuation of the ACCF employee's services) on the basis of these compliance obligations. ACCF agrees that no ACCF employee who meets the above conditions and who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds. 10 ARTICLE 29: NO AGENCY RELATIONSHIP No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of any other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: Chevelle Nubin, City Clerk Approved as to Form and Le al Sufficienc Terrill C. Pyburn Z Z 1 Assistant City Attorn y ATTEST: CITY OF DELRAY BEACH, FLORIDA Thomas F. Carney, Jr., Mayor SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA E. Wayne Gent By: Superintendent Chuck Shaw, Chairman Approved as to Form and Legal Sufficiency: School Board Attorney 11 ATTEST: COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. d /b /a ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES, a Florida not - for - profit corporation By: Print Name: Nancy Hurd, Chief Executive Officer Title: 12 Proposal for Pine Grove Summer Aradernic Camp Objective: Provide a meaningful academic and nurturing 2013 summer experience for 100 -120 K -3rd grade Pine Grove students, administered by the ACCF. Background: in 2011, the City of Delray Beach joined the National Civic League with its call to action for _the Campaign for Grade Level Reading to address early childhood literacy. The City along with its collaborative partners created a Community Solutions Action Plan (CSAP) focusing on three critical issues that keep young children from learning to read well: school readiness, chronic absenteeism, and summer learning loss. Last year we calculated that 5S% of our K- 3rd graders do not read on grade level (1,567 students) and in our Title 1 school's that number drops to an average of 29%. Further, it was found that 72% of our children in this age group do not attend any type of summer program and lose up to 2.6 months of academic ground over the summer. To start addressing these issues, the City implemented /distributed a Kindergarten Backpack program providing books for every kindergartener at Orchard View and Pine Grove elementary schools so these children would have access to books over the summer and implemented the Perfectly Punctual Campaign at the beginning of this school year to promote good attendance habits. Preliminary results from both of these programs have shown positive directional results, The City is looking for ways to expand our academic offerings to low income children living in Delray Beach. We are targeting Pine Grove students as they have one of the highest Poverty levels in the City, lowest reading scores and no summer or afterschool programming and their needs are the greatest with the fewest families served. Proposal: ACCF is an integral part of our city, lead provider in services to children and their families, and a logical partner as we expand summer academic experiences for our most at risk students. Through conversations with CSC we are exploring the possibility of enabling 100 -120 Pine Grove K -3rd grade students to apply /receive summer camp scholarship vouchers from the County and CSC that would enable them to have a summer experience under the leadership of the ACCF. Our goal would be to have a program for a minimum of 8 weeks, ideally 5 days per week, a minimum of 8 hours per day with academic enrichment for a minimum of 2 hours per day. In addition, arts integration projects will be infused during the day to reinforce the reading curriculum as well as specifically targeted field trips (Le., trips to the Delray Beach Library and the center of the Arts). According to research at Johns Hopkins, 2hours /day /5 days /week for 8 weeks will prevent summer learning loss and has the potential to provide academic gains for students. We have an MOU with the SDPBC that will enable us to track the students via District pre and post testing to determine the efficacy of the program, thereby providing data and rationale for further expansion. Timeline: December: ACCF to explore expansion to include Pine Grove Summer Camp, City to work with County and CSC to obtain Summer camp Scholarship vouchers January: City /ACCF work with Pine Grove to develop programming, outcomes, and costs February: City /ACCF to enter into an MOU with District, and work with families at Pine Grove to access the scholarship dollars March. -June: Scholarship dollars are awarded to Pine Grove families. Programming, costs, and staffing levels refined for implementation in June MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 REVISIONS TO THE RULES AND REGULATIONS: HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION The item before the City Commission is approval of revised Rules and Regulations of the Historic Preservation Board (HPB) . BACKGROUND The subject revisions to the Rules and Regulations of the HPB were proposed to make them consistent with LDR Section 2.2.6(C)(3), which states, "an application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting." This language was added in 2008 via Ordinance 55 -07, yet the subject Rules and Regulations were not amended to reflect this voting change.The previous rules specified that a Certificate of Appropriateness (COA) could "only be denied if four voting Board members" voted to deny it, and that "all other matters the Board shall pass if a majority of the Board, that is present and voting, votes in favor of the item or action requested." The revised Rules and Regulations are attached; the modified language is on page 5. REVIEW BY OTHERS The Historic Preservation Board (HPB)reviewed the revision at its meeting of February 6, 2013, where a recommendation to approve was made to the City Commission. RECOMMENDATION Move approval of the subject revision to the Rules and Regulations of the Historic Preservation Board. RULES AND REGULATIONS OF THE CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ARTICLE I Section 1. Authority. The Historic Preservation Board (hereinafter referred to as the Board) shall be governed by Section 2.2.6 of the Land Development Regulations, of the Code of Ordinances of the City of Delray Beach, and the rules and regulations as set forth herein, when adopted by the Board and approved by the City Commission. Section 2. Composition. The Board is to consist of seven (7) members appointed by the City Commission. Section 3. Organization. (A) The Board shall elect a Chair, Vice -Chair and a 2nd Vice -Chair from among its membership each September. They will serve in this office for one calendar year, but for no more than two (2) consecutive calendar years. The Chair will preside over the Board and will have the right to vote. In the absence of the Chair, the Vice -Chair will preside. In the absence of both, the 2nd Vice -Chair shall preside over the meeting. The Chair shall appoint all committees that may be required. (B) The Historic Preservation Planner shall conduct all correspondence of the Board; maintain a file of the minutes of all meetings, indicating therein the substance of the meeting, record attendance, the vote of each member upon each question, or if absent or failing to vote because of a conflict of interest, indicate such fact; maintain records of Certificates of Appropriateness and Appeals for a Variance and other official actions. (C) A Board Clerk shall be provided by the City Manager from among the City staff and shall take and transcribe the minutes of each meeting of the Board. Section 4. Absences. A Board member absent at three (3) consecutive regular meetings shall constitute an automatic resignation from the Board by such member. Each board member shall be responsible for notifying the Board Clerk or the Chair as promptly as possible of any anticipated absence from a Board meeting. In addition to automatic resignation from the Board, a Board member may resign by filing a written statement of resignation with the Chair of the Board. Furthermore, any member may be removed, with or without cause, by a majority vote of the City Commission. Replacement membership will be made by the City Commission in accordance with the provisions of Section 2.2.1(F) of the Land Development Regulations. ARTICLE II Section 1. Meetings. (A) Meetings shall be divided into three (3) categories: regular, special and workshop. (B) The Board shall conduct a regular meeting each calendar month. This meeting shall be held in the evening hours (after 5:00 p.m.) on the first and third Wednesday of each month, unless there is no cause to hold such meeting, or that date falls on a holiday as designated by the City of Delray Beach. The Board, by a majority vote of the Board present and voting, may change the day and time for its regular meeting as long as no Board member would be subject to automatic removal by the change. (C) A special meeting may be called by the Chair or Vice -Chair or by petition signed by not less than four members of the Board. A special meeting may be called subject to notification of the members in sufficient time so they may make arrangements to attend. 2 (D) Workshop meetings shall be held as needed and may be called by the Chair or Vice - Chair. (E) Public hearings are to be conducted in accordance with all statutory provisions. Public hearings are required by reason of the filing of an appeal for a variance to the City Code or for purposes of determining a historic district or historic site. The public hearing may be held at a regular or special meeting. Section 2. Quorum. A Quorum shall consist of four (4) members of the Board in order to conduct any of the meetings listed in Article H, Section 1. Section 3. Personal Conflict of Interest. Neither members of the Board, the Historic Preservation Planner, Board Clerk, or a member of the City supportive staff shall appear or represent before the Board a person or persons in any matter pending before the Board. No member of the Board shall hear or vote upon a matter before the Board in which he or she is directly or indirectly affected financially. Whenever a member of the Board has a personal, private, or professional interest in any matter which is before the Board, that member shall disclose said conflict of interest before discussion and vote, shall refrain from voting and shall file the proper form setting forth such conflict with the Board Clerk pursuant to the provisions of Chapter 112, Florida Statutes. If the departure of a member is required for this reason and said departure no longer provides for a quorum, then the item before the Board shall be continued and voted upon at the next regular or special meeting. Section 4. Conduct of Meetings. 3 All meetings shall be open to the public. In the event a witness or witnesses are required to give testimony under oath, such oath shall be administered by the Chair, Vice - Chair, 2nd Vice- Chair or Board Clerk. Section 5. Order of Business. (A) The order of business at regular or special meetings shall be as follows: (a) Roll call (b) review and approval of minutes of previous meeting(s), as printed or changed by deletion or substitution (c) approval of agenda (d) hearing of Certificate(s) of Appropriateness and decision thereon (e) reports of Committees and special reports (f) unfinished business (g) new business (h) adjournment. The Chair may, at his or her discretion, change the order of business. (B) The order of business for public hearings, that are not quasi-judicial hearings, is as follows: (a) Roll call (b) purpose of public hearing (c) comments from the public or witnesses, pro or con (d) close of public hearing (e) comments by members of the Board (f) vote on item before the Board. (C) Certificates of Appropriateness, Variances or other site specific actions taken by the Board will be held in accordance with these rules governing quasi-judicial hearings. The Chair may establish appropriate time limits for all arguments, but such time limits shall be equal for both sides. Witnesses may be called and factual evidence and exhibits may be submitted. Section 6. Requirements. The requirements of Section 4.5.1(J) of the Land Development Regulations shall be met prior to the Board granting a variance from existing ordinances. Requirements for the designation of a historic district or site, shall be met by fulfilling the provisions of Section 4.5.1 of the Land Development Regulations. Public hearings will be held when required by City ordinance. E Section 7. Decisions. Voting, at all meetings, shall be by roll call vote. Roll call shall be on a rotating basis. The voting of each member shall be "yes" (in favor of the motion), "no" (opposed to the motion), or "abstain" in the event of a conflict of interest. ^ r effif Bate of ^ rr,.,,rfiat°„°ss shall only be deiiied it f tff v ating Beafd mb Tote to deny it All etlw-r-matters voted upon lithe Board shall pass if a majority of the Board, that is present and voting, votes in favor of the item or action requested. Section 8. Appeals of Decisions. Appeals of decisions of the Board may be made at the appropriate time and in the appropriate manner to the City Commission as set forth in the ordinances of the City of Delray Beach. Section 9. Rules of Procedure. Robert's Rules, latest edition, shall govern all questions of parliamentary procedures not specifically provided for herein. Section 10. Procedures for Quasi - Judicial Hearings. (A) Definitions: Applicant - the owner of record or his or her authorized agent. Citizen Participants - those members of the general public, other than the City, the Applicant, or other Party to the proceeding, who attend a quasi-judicial public hearing for the purpose of being heard on a particular application. Ex Parte - communications, oral or written, between members serving on the board or commission and the public, other than those made on the record at the hearing. Party - the owner of property located within 500 feet of the property that is the subject of the application and who meets the additional requirements set forth in Section (B)(2) below. Quasi Judicial Proceedings proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonings, conditional use approvals, 5 site plan approvals, waivers and variances, plat approvals, certificates of appropriateness, historic designations, but not land use amendments or amendments to the comprehensive plan and not generally, amendments to the Land Development Regulations. Relevant Evidence — evidence that either strengthens or weakens the application by supporting or disapproving factual assertions related to the application. (B) General Processing for Hearings. (1) File /Inspection. (a) Establishing the File. The Planning and Zoning Department shall establish a project file. All written communications shall be sent to the Planning and Zoning Department. The project file will be maintained in the Planning and Zoning Department. (b) Contents of the File. The project file will contain all written communications that are sent to the Planning and Zoning Department prior to the hearing. The project file will include, but not be limited to, all Staff reports, pertinent sections of the Code of Ordinances, Land Development Regulations, Comprehensive Plan and State Statutes, whichever is applicable. The file will contain resumes of staff or curricula vitae, drawings, documents and all other pertinent documents. (c) Supplementation of the File. The Board clerk will supplement the project file with all documents submitted at the hearing. (d) File for Inspection. The project file will be made available upon request for public inspection. (e) File Placed into the Record. The Planning and Zoning Staff member making the presentation shall place the project file into the record at the hearing. (2) Par . Status. (a) Party Status - Written Requests; Timeframe. In order to obtain status as a Party, the owner of property located within 500 feet of the subject property must make a written request, meeting the requirements of (B)(2)(b) below, which is received by the Planning and Zoning Department three or more business days prior to the hearing. (b) Contents of Request. The written request shall outline the effect of the application on the owner's property. To obtain Party status, the owner must describe the effect of the application on owner's 0 property that is different from the effect on the public as a whole. The City Attorney's Office will advise as to whether sufficient facts have been alleged to achieve Party status and shall notify the person requesting Party status of the City Attorney's Office opinion as to the adequacy of the request. Ultimate decisions as to Party status shall be made by the City Commission or the Board. The decision to confer Party status at the hearing before the City Commission or a Board shall not be seen as a waiver of the City's right to contest the standing of any Party in court. (3) Time Limits. (a) Staff Time Limits. The City Staff shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the city's case. (b) Applicant Time Limits. The Applicant shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the Applicants case. (c) Party Time Limits. A Party may have up to 20 minutes (including the presentation of witnesses and expert witnesses). (d) Citizen Participants in General. Citizen participants not represented by a representative speaker shall have three (3) minutes to speak. (e) Participants with a Representative. Speakers representing a group of six (6) or more interested citizens in attendance at the meeting shall have six (6) minutes to speak, as long as those being represented identify themselves and yield their time to the representative at the meeting. (f) Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have six (6) minutes to speak. (g) Extension of Time by the Commission or Board. The Board may, at their discretion, extend the time for presentations. (C) Conduct of the Hearing. (1) Swearing in of Witnesses. All Witnesses, Parties, the Applicant, Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Chair, Vice - Chair, 2nd Vice - Chair, or the Board Clerk. (2) Disclosure of Ex Parte Communications. The Board shall disclose any ex parte communications and disclose whether any member physically 7 (3) inspected the property. To the extent possible, the Board member shall identify with whom the communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Board members shall give the Board clerk any written ex parte communications they have received that are not already included in the project file. Presentation of the Case. (a) The City Staff shall present its case. (b) The Applicant shall present its case. (c) Parties may present their case. (d) Citizen participants or their representatives may speak for or against the application. (e) The opportunity to cross - examination will occur after the presentation of a witness, and the manner and the conduct of cross - examination shall be as provided in these rules. (f) The City Staff, the Applicant, and Parties may have two minutes each for rebuttal (g) The Board may ask questions at any time during the proceeding. (h) The Board will commence deliberations and render a decision. (4) Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case, which shall include the minutes, the entire project file, testimony presented, and other evidence presented. Strict rules of evidence shall not apply, but evidence must be relevant to the issues before the Board. (D) Cross- examination. (1) Persons to be Cross - Examined. The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are subject to cross - examination as set forth herein. (2) Cross - Examination Guidelines. (a) Citizen Participants are subject to cross - examination by the Board Chair only. In the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Applicant, or Parties desire to have the Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross - examination questions to the Board Chair prior to the commencement of the cross - examination. The Board Chair shall first ask the cross - examination questions submitted by Staff, then the Applicant, and finally the Parties based on who submitted a request and became a Party first. The Staff, Applicant, and any Parties' cross - examination through the Board Chair is limited to two (2) minutes per Citizen Participant. (b) Only the City Staff, the Applicant, or a Party may cross - examine non - Citizen Participant witnesses. (c) Cross - examination by City Staff, the Applicant, or a Party shall be limited to two (2) minutes per witness each. (d) The Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. (3) Relevancy. All relevant evidence shall be accepted. (4) ScoUe. The scope of the cross - examination shall be limited to the facts alleged by the person testifying in relation to the application. (5) Good Faith Questions. The cross - examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. (6) Power to Halt Cross Examination. The Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross - examination. In the absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross - examination. The person conducting the cross - examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross - examination is conducted in a manner that is designed to harass, intimidate, or embarrass the person being cross - examined. If a person conducting the cross - examination continues to pursue improper lines of questioning, the Board Chair may halt the cross - examination. 9 ARTICLE III Section 1. Amendments. These rules and regulations may be amended by a concurring vote of four (4) members of the Board with subsequent approval by the City Commission, provided that the proposed amendment(s) has been presented to the Board at least five (5) working days prior to the voting thereupon. Section 2. Review. These rules shall be reviewed by the Board not less than every two (2) years. Recommendations for proposed amendments shall be made in writing and reviewed for approval or disapproval of the legality, by the City Attorney's office prior to submission to the Board. Section 3. Effective Date. These rules and regulations, and any amendments thereto, shall become effective following their approval by the City Commission. Section 4. Conflict. In the event these rules and regulations, now or in the future, present a conflict with any of the Code of Ordinances of the City of Delray Beach, then those Code of Ordinances, then if effect, shall prevail. These rules and regulations of the City of Delray Beach, Historic Preservation Board were adopted by the Board on the day of 52010. Chair, Historic Preservation Board Passed and approved by the City Commission in regular session this day of )2010. ATTEST: CITY OF DELRAY BEACH, FLORIDA 10 City Clerk 11 Mayor, Nelson S. McDuffie MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 REVISIONS TO THE GENERAL RULES OF PROCEDURE: CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION Request City Commission approval of the revisions made by the Code Enforcement Board to their General Rules of Procedure. BACKGROUND On February 12, 2013, the Code Enforcement Board made the following changes to their General Rules of Procedure: 1. Changed the number of hearings per month from two (2) to one (1). 2. Added #8 to Article III, requiring all board members comply with the rules of the Palm Beach County Code of Ethics. 3. Changed the number of days the Board must reach a decision from twenty (20) days to thirty (30) days. RECOMMENDATION Recommend City Commission approve the revisions made by the Code Enforcement Board to their General Rules of Procedure. GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD CITY OF DELRAY BEACH, FLORIDA Article I: General. The Code Enforcement Board (hereinafter referred to as "the Board ") shall be governed by Chapter 37 of the Code of Ordinances of the City of Delray Beach, Florida, (hereinafter referred to as "the City "), Chapter 162 of the Florida Statutes and the General Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission of the City. Article II: Officers. 1. The Board shall elect a Chairperson and a Vice - Chairperson annually in the month of.January at a regularly scheduled hearing from among its members by a majority vote of its members present and voting at the time of election. 2. The Chairperson, or in the absence of the Chairperson, the Vice - Chairperson, shall preside at all proceedings of the Board and shall rule on all points of order and procedure. If both the Chairperson and the Vice - Chairperson are absent at a particular hearing, the members present at that hearing shall, by majority vote, elect a member to preside at that hearing only. 3. The Board Clerk, appointed by the City Manager, shall administer oaths, record proceedings of the Board, keep minutes of proceedings, take roll calls, record votes of the Board and carry out related duties pertaining to preparation, posting, and distribution of agendas, distribution of materials to Board members and preparation of Board Orders for signature. The Board Clerk's designee shall assume the aforementioned duties in the absence of the Board Clerk. Article III: Hearings, Quorum, Order of Business, Conflicts. 1. The Board shall conduct a hearing on the second Tuesday of each month at 1:30 p.m. at City Hall in the City, unless there is no cause to hold such hearing or if a particular hearing coincides with a Holiday as designated by the City. 2. The Chairperson of the Board may call hearings of the Board. Hearings may also be called by written notice signed by at least three members of the Board. 3. A quorum is required to conduct a hearing. A quorum shall consist of four (4) or more members of the Board. All findings and orders of the Board require a vote of a majority of its members present and voting, except that at least four (4) members of the Board must vote. 4. All hearings shall be open to the public. The Board Clerk shall administer oaths to all persons testifying before the Board. 5. The order of business at hearings shall be set by the Board. 6. If all business cannot be finished, the Board may adjourn unfinished items to a future time and future date certain. Notice of the future time and future date shall be given to the respondents affected by the adjournment. T. Conflicts: A Board member shall not abstain from voting unless the member has a conflict of interest pursuant to the requirements of Florida Statutes, Chapter 112, Section 112.3143(4)(a). 8. Board members shall comply with the rules as described in Sections 2- 441 to 2 -448 of the Palm Beach County Code of Ethics. Article IV. Absences, Removal from Office. Board members may be suspended or removed for cause according to the procedures for removal as set forth in the Code of Ordinances of the City. Article V. Parliamentary Procedure. Roberts Rules of Order shall be the final authority concerning questions of parliamentary procedures. Article VI. Hearing Procedures. 1. The Board shall be governed by the following rules: a) Hearings shall be informal and need not be conducted according to technical rules of evidence. Hearings shall be conducted in accordance with these rules. Fundamental due process shall be observed and shall govern all hearings. b) All relevant evidence shall be admitted if, in the opinion of the Board, it is the type of evidence upon which a reasonable and responsible person would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in civil actions. The Chairperson of the Board may exclude irrelevant or repetitious evidence. 2 c) Should a Board member request additional information not included in the supporting materials provided for a particular case on an agenda, the request shall be directed to the Chairperson. The Chairperson shall request that the Board members present vote as to whether the requested materials are necessary to render a decision in the particular case. If the Board by a majority vote of those members present determines that the requested additional materials are necessary, the case shall be postponed to a future date and time certain to allow the Board Clerk to locate the requested information. d) Hearsay evidence may be accepted for the purpose of supplementing or explaining direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision, unless the evidence would be admissible over objections in a civil action. e) Each party to the hearing shall have the right to call and examine witnesses, introduce and examine evidence, introduce exhibits, cross- examine opposing witnesses, impeach witnesses, and rebut evidence. f) The respondent has the right to retain an attorney for representation at a hearing. All testimony before the Board shall be under oath and shall be recorded. The respondent or the City may cause the proceedings to be recorded by a certified court reporter or by a certified recording instrument. g) If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board. 2. Proceedings relating to hearings shall be in the following order: a) Swearing in of Witnesses. All Witnesses, Parties, the Respondent, Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Board clerk. b) Disclosure of Ex Parte Communications. The Board members shall disclose any ex parte communications and disclose whether any member physically inspected the property. To the extent possible, the Board member shall identify with whom the communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Board members shall give the 3 Board clerk, any written ex parte communications they have received that are not already included in the project file. C) Presentation of the Case. 1. The City Staff shall have up to twenty (20) minutes to present its case. 2. The Respondent shall have up to twenty (20) minutes to present its case. 3. Parties may have up to twenty (20) minutes to present their case. 4. Citizen participants or their representatives may speak for up to three (3) minutes regarding the violation. 5. The opportunity to cross- examine will occur after the presentation of a witness, and the manner and the conduct of cross- examination shall be as provided in these rules and shall last no more than two (2) minutes. 6. The City Staff, the Respondent, and Parties may have two (2) minutes each for rebuttal 7. The Board may ask questions at any time during the proceeding. 8. The Board will commence deliberations and render a decision. d) Cross - examination. 1. Persons to be Cross - Examined. The City Staff, the Respondent, Parties, their respective witnesses and Citizen Participants are subject to cross - examination as set forth herein. 2. Cross - Examination Guidelines. i. Citizen Participants are subject to cross - examination by the Board Chair only. In the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Respondent, or Parties desire to have the Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross - examination questions to the Board Chair prior to the commencement of the cross - examination. The Board 4 Chair shall first ask the cross - examination questions submitted by Staff, then the Respondent, and finally the Parties based on who submitted a request and became a Party first. The Staff, Respondent, and any Parties' cross - examination through the Board Chair is limited to two (2) minutes per Citizen Participant. ii. Only the City Staff, the Respondent, or a Party may cross - examine non- Citizen Participant witnesses. iii. Cross- examination by City Staff, the Respondent, or a Party shall be limited to two (2) minutes per witness each. iv. The Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. 3. Relevancy. All relevant evidence shall be accepted. 4. Scope. The scope of the cross - examination shall be limited to the facts alleged by the person testifying in relation to the application. 5. Good Faith Questions. The cross - examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. 6. Power to Halt Cross Examination. The Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross - examination. In the absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in his /her absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross - examination. The person conducting the cross - examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross - examination is conducted in a manner that is designed to harass, intimidate, or embarrass the person being cross - examined. If a person conducting the cross - examination continues to pursue improper lines of questioning, the Board Chair may halt the cross - examination. Article VII. Powers of the Board. The Board shall have the powers to adopt rules for the conduct of its hearings not otherwise in conflict with Chapter 37 of the Code of Ordinances of the City, and Chapter 162 Florida Statutes, to subpoena alleged violators and witnesses to its hearings, to subpoena evidence, to take testimony under oath, and to issue orders having the force of law commanding whatever steps are necessary to effect compliance. The City, the Board, or the respondent may request that witnesses and records, including surveys, plats, and other materials, and other evidence be subpoenaed to any formal hearing. The Chairperson shall provide the Board Clerk with sufficient signed and blank witness subpoenas to be provided to a respondent for the purpose of subpoenaing witnesses, records, and other evidence. The respondent shall pay to the City a fee of $22.00 for each subpoena issued. Article Vlll. Appeals, Reconsiderations, and Board Orders. 1. Appeals: Every Board Order shall be final subject to the right of the aggrieved party, including, without limitation, the City or the respondent, to appeal to the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 2. Fine Reduction, Time Extension and Reconsideration: A respondent or petitioner may request that the Board extend or reconsider an order or a fine amount. Any such request must be documented on a form approved by the Board and available from the Board Clerk. However, such request shall not be construed to extend or in any way alter any deadline for any party to file an appeal of a previously executed Board Order with the Circuit Court. 2-.3, Enforcement Orders: Every Board Order shall be in writing, shall include findings of fact and conclusions of law, shall be signed by the Chairperson or Vice - Chairperson, and shall be filed in the office of the Board Clerk. A copy of the signed order shall be served as specified in Chapter 162 of the Florida Statutes. The Board shall, in every proceeding, reach a decision without unreasonable or unnecessary delay and shall, in all instances, reach a decision within thirty (30) calendar days from the date of the hearing at which the case was heard. Article IX. Adoption; Amendments; Required Review; Effective Date. These general rules or subsequent amendments: 1. Shall be adopted by the Board by a majority vote of members present and voting at the time of adoption. 2. May be amended by the Board by a majority of members present and voting at the time of adoption of the amendment, however, said amendments will require approval of the City Commission. 3. Shall be reviewed by the Board every two years. 4. Shall become effective upon approval by the City Commission. 5. Were adopted by the Board on this day of , 2013. Ch irperson, Code Enforcement Board 6. Were approved by the City Commission and became effective on the day of , 2013. CITY OF DELRAY BEACH, FLORIDA ATTEST: City Clerk Approved as to Form: City Attorney ►A Thomas F. Carney, Jr., Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: February 25, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 MODIFICATIONS TO THE COMMISSION RULES OF PROCEDURE ITEM BEFORE COMMISSION The item before the Commission is a proposed change to the Commission Rules of Procedure. BACKGROUND At the February 12, 2013 City Commission workshop meeting and February 19, 2013 regular Commission meeting, staff was directed to prepare changes regarding the Commission's Rules of Procedure. The proposed changes, (see underlines and strikethroughs), provide that the public may comment on any item, agendaed or non - agendaed, (excluding quasi-judicial items and items that have been set for a formal public hearing where those comments are made when the item is heard) and such comment shall begin after the "Proclamation and Presentation" portion of the agenda. The "Formal Approval of the Agenda" portion of the agenda has been moved after the "Public Comment" portion. Item 8(g) of the Rules of Procedure has been removed as it is no longer needed. RECOMMENDATION Commission discretion. RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION I. GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Delray Beach, Florida, except as otherwise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled "Robert's Rules of Order ", being the reprint of the 1907 edition. H. LOCAL RULES. A. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall modify or conflict with the standard "Robert's Rules of Order" as adopted above, these Local Rules shall prevail to the extent of their conflict or inconsistency with "Robert's Rules of Order ". In addition to these local rules, rules for quasi judicial proceedings shall apply to proceedings which require quasi judicial hearings. 1. Regular meetings of the City Commission shall be held on the first and third Tuesdays of each month, with the exception of the month of December and any Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month of December only, the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City Commission meeting on the date of a Delray Beach municipal election. A meeting that would otherwise have been scheduled for such date shall be held on the Thursday immediately following the election at 6:00 p.m. at City Hall. 2. Workshop meetings of the City Commission shall be held on the second Tuesday of each month at 6:00 p.m. in City Hall, except that there shall be no workshops in the month of December. 3. All regular City Commission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission. All workshop City Commission meetings will be held in either the First Floor Conference Room or the Commission Chambers at City Hall, as determined by the City Manager. All meetings of the City Commission shall end by 11:00 p.m. unless extended beyond 11:00 p.m. by a majority vote of the City Commission. Thereafter, the meeting shall end upon the conclusion of each hour (12:00, 1:00, etc.), unless extended by a majority vote of the City Commission for each hour. Any unfinished business shall be considered at a time and place set by the City Commission. 4. There may also be special workshop meetings at such other times as so designated in advance by the City Commission for the purposes of holding joint meetings with City boards, etc., to include receiving annual reports and presentations from the City's boards, committees, agencies and authorities, or for such other purposes as may be deemed necessary or desirable by the City Commission. 5. Special meetings shall be called at the request of the Mayor in accordance with the provisions of the City Charter and the Code of Ordinances. 6. To the extent compatible with the conduct of business, all workshop meetings shall be held on an informal basis. The applicability of the City's general rules shall not be strictly applied. Public comments after presentations will be limited to three (3) minutes at the Mayor's discretion or by consensus of the City Commission. Presentations made at workshop meetings shall be limited to fifteen (15) minutes, unless the Commission, by consensus, agrees to extend the time. 7. Although appropriate members of the City Attorney's Office and City Administration may place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, except that a majority of the members of the City Commission may request that the City Manager's office place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its members wish to place or remove an item on an agenda, or if any member of the Commission has a question or concern about an item, any such request or inquiry shall be directed to the City Manager's office for disposition as opposed to any Commission member contacting any City officer or employee who is subject to the direction and supervision of the City Manager. 8. With regard to the agenda for regular City Commission meetings, the following shall apply: a. To the extent possible, the City Administration shall group all matters by subject area, and shall place as many as possible on the consent portion of the agenda. b. The agenda format shall be generally as follows: A call to order, invocation, pledge of allegiance, , formal approval of minutes, proclamations and presentations, if any, the eensent 9gendff, public comments and inquiries from the floor , formal aporoval of the agenda, the consent agenda, the regular agenda, public hearings, first readings of ordinances, followed by items not specifically on the published agenda from the City Manager, the City Attorney, and members of the City Commission. The public comment and inquiry portion , shall not extend beyond 7:00 p.m.. and in the event there are persons who have not been able to voice their comments prior to 7:00, the public comment portion en nen- shall resume after the public hearing segment of the agenda. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon thereafter as possible. c. Any items received during the nen ftgendfted iteffis see public comment portion of the regular agenda may, at the discretion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, or may be added to a subsequent workshop agenda if a member of the City Commission so specifically requests. d. (1) Votes taken on ordinances, resolutions and motions shall be by roll call and shall be recorded by the City Clerk. The roll call shall be on a rotating basis and according to the numbered Commission seats, i.e.: Motion A — Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B — Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C — Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc. (2) There shall be no votes taken on any non - published /non - agendaed items, except upon the declaration of an emergency. The declaration of emergency shall only be determined upon the affirmative vote of no less than four (4) members, or a unanimous vote if only three (3) City Commission members are present and voting on such motion. These rules are not intended to and shall not supersede the procedures and requirements of the City Charter, Code of Ordinances or State Statute with regard to emergency matters for consideration by the City Commission. e. All public i?,ptt+ comment on agendaed or non - agendaed items shall be limited to not more than three (3) minutes, in total, per person, subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension of time. Public comment on quasi - judicial items and items that have been set for a formal public hearing shall only be allowed when those items are specifically heard by the Commission. f. The Mayor shall have the authority to limit immaterial, unnecessary or redundant presentations or requests. III. CITY BOARD, COMMITTEE, COMMISSION AND AGENDA APPOINTMENTS. A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made in accordance with the following procedures: 1. All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint, which must be seconded by another member of the City Commission then present and voting, and then adopted by an affirmative vote of no less than three (3) votes. A Commissioner may defer an appointment to the next regular meeting. If a Commissioner is not ready to make an appointment at the next regular meeting then the nomination shall rotate to the next appropriate Commissioner. If a Commissioner makes a nomination /motion and this motion either fails for lack of a second or does not receive a sufficient number of affirmative votes, then that Commissioner shall have one additional opportunity to make a secondary nomination for this vacancy at this same meeting or the next successive regular meeting. If that appointment should also fail for lack of a second to the nomination or by not receiving sufficient affirmative votes, then the nomination shall rotate to the next appropriate Commissioner. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A — Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B — Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Board C — Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2 3. A separate rotation list shall be established by the City Clerk's office for each such City board, commission or committee, and the City Clerk's office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. In the instance where a vacancy is available at a City Commission meeting where the Commissioner who is next on the rotation is absent, then the City Commission shall postpone this appointment to the next regular meeting. Should this Commissioner not be present at the subsequent meeting, then the nomination ability shall pass to the next Commissioner on the rotation system present at that meeting. 4. In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement appointment shall be made no later than the second regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement appointment is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system. 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only. 6. The City Commission retains the right to waive these requirements by the affirmative vote of no less than four (4) members of the City Commission under circumstances that would be in the best interest of the City (or a unanimous vote if only three members of the City Commission are present and voting on such motion). 7. These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. IV. CITY MANAGER /CITY ATTORNEY ANNUAL REVIEW. The City Commission shall annually, in the month of May, conduct a performance evaluation and salary review of the City Manager and City Attorney. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Regular Meeting held on March 5, 2013. ATTEST: Chevelle D. Nubin, MMC City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: February 28, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 VISION 2020 FORUM ITEM BEFORE COMMISSION City Commission approval of the budget allocation to fund the Vision 2020 one -day event scheduled for March 23, 2013, from 8:00am to 4:00pm at the Delray Beach Marriott hotel. The total cost, based on the contract for services, is estimated at $10,800. BACKGROUND On December 4, 2012, the City Commission elected to initiate the Vision 2020 project using the American Assembly process and approved the Letter of Agreement between the City and the John Scott Dailey Florida Institute of Government at Florida Atlantic University for technical assistance /facilitation services in the amount of $28,782. The Commission - appointed Steering Committee has elected to host the one full day forum at the Marriott since none of our City facilities were available. The committee also agreed to cap the maximum number of participants at one hundred and sixty (160), inclusive of the City Commission, Steering Committee and consultant staff. As of today, 144 participants are confirmed to attend, with another eleven (11) invitees that have been sent a "last chance" notice to respond. I have attached the agreement from the Marriott for your reference. The total fee is based on providing a continental breakfast, lunch, plus a 22% service fee (set -up and gratuities). The Marriott has agreed to make parking available for free if participants self -park; valet is available at a reduced cost of $15.00 per vehicle. Of course, we will strongly suggest the self - parking option to save money. Based on the total number of participants (150 maximum anticipated) and the cost of equipment, we are requesting $10,800 to fund the total forum. FUNDING SOURCE 001 -1111- 511 -48.10 (General Fund: Promotional Activities/ Special Events). RECOMMENDATION City Commission approval to fund the use of the Delray Beach Marriott hotel in the amount of $10,800 for the Vision 2020 forum scheduled for March 23, 2013. Aarnott DELRAY BEACH 10 North Ocean Blvd Delray Beach, Fl 33483 Event Agreement DESCRIPTION OF GROUP AND EVENT The following represents an agreement between Delray Beach Marriott, 10 N Ocean Boulevard, Delray Beach, FL, 33483 -7011, (561) 274 -3200 and Delray Beach Chamber of Commerce. ORGANIZATION: City of Delray Beach CONTACT: Name: Lula Butler Job Title: Street Address: 100 NW 1st Avenue City, State, Postal Code: Delray Beach, FL 33444 -2612 Country. Phone Number: Fax Number: E -mail Address: NAME OF EVENT: REFERENCE #: USA (561) 278 -0424 (561) 278 -0555 butler @mydelraybeach.com Visions 2020 M- CIYLIIW OFFICIAL PROGRAM DATES:Saturday, 03/23/2013 - Saturday, 03/23/2013 We are so pleased you have chosen to have your event at the Delray Beach Marriott_ Pursuant to our conversation, below are the twenty -seven (27) paragraphs that directly relate to your event. Please carefully review and initial each item. Once you have acknowledged the Agreement, the terms and conditions are enforceable. Please do not hesitate to call me with any questions. Once again, thank you for selecting our Hotel. FUNCTION INFORMATION AGENDA EVENT AGENDA Based on the requirements outlined by City of Delray Beach, the Hotel has reserved the function space set forth on the below Function Information Agenda /Event Agenda. All meeting room, food and beverage, and related services are subject to applicable taxes (currently 6 %) and service charge (currently 22 %) in effect on the dafe(s) of the event. Page 1 of 6 Date Day End Tinft Peo le P EStartTime nt 03/23/2013 Sat M 05:00 s 110 nt 03/23/2013 Sat 1.2:00 PM 01.•00 s 110 All meeting room, food and beverage, and related services are subject to applicable taxes (currently 6 %) and service charge (currently 22 %) in effect on the dafe(s) of the event. Page 1 of 6 2 A. Food and Beverage 1.Guarantee A Guarantee is required on all meal events. A Guarantee is the exact number of guests to be served at a given event. The Event Department must be notified of the exact number of guests FIVE BUSINESS DAYS before the event. In the event that a Guarantee is not received, the estimated attendance count will be prepared for and billed. The Hotel will provide seating in the amount of five percent (5 %) over your Guarantee. The Hotel cannot allow for a drop in the Guarantee in the Five (5)- business day period prior to your event. 2. Food and Beverage All Food and Beverage is to be purchased, prepared and served by the staff of the Delray Beach Marriott. This includes all hospitality suites. The Delray Beach Marriott, as a licensee, is responsible for the administration of the sales and service of alcoholic beverages, in accordance with the Florida Alcohol and Gaming Commission's regulations. Therefore, the Delray Beach Marriott must supply all alcoholic beverages and food. NO OUTSIDE FOOD OR BEVERAGE is permitted at the Hotel. y Initial /} 3. Meal Guarantees In arranging for private events, the attendance must be communicated to the Hotel by 10:00 AM, five (5) business days in advance. This number will be considered a guarantee, not subject to reduction and charges will be made accordingly. The Hotel cannot be responsible for services for more than five (5 %) percent over the guarantee. If a guarantee is not given to the Hotel by 10:00 AM on the due date, the expected number on the banquet contract will automatically become the guarantee. if actual count on the day of the event exceeds the five percent (5 %) overage allotment, the kitchen will prepare what is available to accommodate the additional guests at a surcharge of $10.00 r+ per person to be applied to the Master Account. ** *Based on the expected number of guests set forth in this agreement, a minimum guarantee of 110 adults at $32.00 per person in Food and Beverage must be spent at your event. This minimum does not include service charges, tax, labor fees, audiovisual, parking and any other miscellaneous charges that have incurred. 4. Food and Beverage The Florida State Liquor Commission regulates the sales and service of alcoholic beverages. Delray Beach Marriott is responsible for administration of these regulations. It is the Hotel's policy; therefore, that liquor cannot be brought into the Hotel from outside sources. Additionally, the Hotel does not allow food to be brought into the Hotel, whether purchased or catered from outside sources. No food will be taken from the premise from any banquet event. Alcoholic service may be denied to those guests who appear to be intoxicated or under age. All Banquet Events must conclude by 12:30am. 5. Menu Arrangements Menus must be finalized two (2) weeks prior to your event. An accurate Breakdown of the Entree selections must be provided to the hotel five (5) business days in advance of the event and such selections must be listed on place cards provided by the Client. Menu pricing shall remain subject to change and will not be fixed prior to that date which is ninety (90) days prior to the event. Page 2 of 6 B. Event Rooms 1. Room Set -up The Hotel does not guarantee early set -up times for outside Vendors or auction items. This includes but is not limited to Florists, Decorators, Musicians, etc. Any extensive set -up must be discussed with the Event Manager, in advance. The Hotel may require a Room Rental fee to cover the usage of a room for this service. 2- Outdoor Functions The Hotel reserves the right to make the final decision regarding outdoor events as follows: 1) The Hotel will decide whether the event will be held outdoor or indoor; 2) Once the Hotel makes the decision, it is final; 3) Curfew on all music and entertainment scheduled in the Outdoor Area Poolside to end promptly at 10:00 PM. All outdoor events are subject to maximum and minimum numbers of guests. Outdoor events are subject to music restrictions and designated start /ending times. Any items ordered by the Client (Tents, Linens, Music, Grills, etc.) will continue to be charged to the Client if the event is moved inside. No ice sculptures or loges are permitted in outdoor function areas due to weather, temperature and wind- Initial I lid 3. Event Rooms • The Hotel reserves the right to change allocated event space should the final number of guests exceed the maximum capacity of a room or not meet the minimum requirements for the room. An additional Room Rental charge may apply. Event space is booked only for the time indicated. A labor charge will apply for setup changes when the set up differs from the event contract. 4. Banners, Signs and Displays The Hotel will not permit the affixing of anything to walls, floors or ceilings in the Banquet rooms and /or foyer by use of nails, staples, pins, tape or any other substance unless approval is given by the Hotel's Engineering department. All banners to be hung will be handled by the Hotel for a charge of $150.00 per banner. Any signs provided by our guests must be of professional quality and Hotel management approval for their quality and placement. Banners and signs are prohibited in the lobby area. The Hotel will charge the Client for any damage caused accordingly. C. Billing Policies 1. Payment and Deposit All events require an initial non - refundable deposit of $1,760.00 to hold the space for your event. A Credit Card Authorization form must be completed and returned to the Hotel with the initial deposit. A 50% deposit of the estimated amount due must be paid eight months prior to the event. A 75% deposit is due NO LATER than 14 days prior to arrival and all functions must be paid in full five (5) business days prior to the event. When the final counts are submitted, payment is due by cashiers check, credit card or cash- no personal checks are accepted at this time. 2. Billing Arrangements A Master Account will be set up for the client /group covering its charges. A Credit Card is required as a secure form of payment with the returned signed contract. Charges will be applied to the Credit Card in the event another valid form of payment has not been received or in the event of cancellation. All Deposits are non - refundable. Page 3 of 6 4 3. Cancellation Any cancellations by the Client will be subject to a cancellation fee, as provided under the Payment and Deposit section of this contract. All Cancellations must be received in writing. A Cancellation fee of $1,760.00 will apply if the contract is cancelled within 1$0 days of the function. 4. Service Charges and Tax All prices are subject to a 22 percent (22 %) service charge and applicable Florida State Tax (6 %) 5. Tax Exemption If a Client is requesting Tax Exemption status, they must provide a copy of the State of Florida Department of Revenue Consumer's Certificate of Exemption form in order to be exempt from state tax. Initial 6. Amenity Bags Amenity Sags or Gift Bags are to be delivered by the Bell Staff department, after the guest checks into their room, usually in the evening. These items are to be labeled with the guest's name_ The Client will be charged a fee @$5.00 per item /bag /gift. 7. Parking The Hotel Requires a $15.00 per car charge for Self- parking and a $20.00 per car charge for Valet parking. Please notify your Event Manager if you wish to add these charges to the Master Account. 8. Vendor Agreement Any Vendor, not listed on our Approved Suggested Vendor, must file a Certificate of Insurance and an indemnification agreement with the Hotel before the event date. The Hotel reserves the right to prohibit a Vendor from the Hotel property. The Hotel is neither liable nor responsible for the actions of any vendors. D. Miscellaneous 1. Liability The Delray Beach Marriott reserves the right to monitor all private events. Damage to the premises will be charged accordingly. The Hotel cannot assume responsibility for personal property and equipment brought into the banquet room. The Hotel reserves the right to change event rooms. Should the Client require Security support, the Hotel will assist in securing these arrangements, at a charge to the Client. Any requests for sole key access will also be charged to the Client accordingly. No Banquet room is completely securable. The Client will assume all responsibility for any personal property and /or items that you bring into the Hotel that may be damaged, lost or stolen during your event, and will not hold the Hotel responsible for any such loss or damage. 2. Damage The Client agrees to be responsible and reimburse the Delray Beach Marriott for any damage done by the Client or Client's guests to the Hotel property. Fog Machines, Confetti, Sparklers or any product of similar nature cannot be used on the property. Page 4 of 6 3. Personal Items The Hotel does not assume any responsibility for personal items. 4. Cancellation Due To Act of God The performance of this agreement is subject to acts of God, war, government regulation, disaster or civil disorder, which make it illegal or impossible to provide the facilities or hold the scheduled event. it is provided that this agreement may be terminated for any one or more of such reasons by written notice from one party or the other at no financial consequence to the client. S. Delays If the Client delays an event for more than 30 minutes past the contractual time, the Hotel will not be responsible for the quality of food or preparing additional food replacement. The Client will be responsible for additional labor associated with the delay. The event will proceed on the contracted scheduled times, without any delineation in the contracted scheduled times. 6. Audio Visual The hotel must approve any audiovisual equipment for an event. We are pleased to refer our in- house audiovisual service provider. Storage fees may apply. The Client must contact the Hotel in order to receive instructions on entering the Hotel, delivery, pick -up and setup procedures. All audiovisual equipment will be subject to a 22% service charge. Any audiovisual equipment ordered must be cancelled within twenty -four hours or the group will be charged for the full rental Initial___ 7. Deliveries and Storage The Client is responsible for shipping materials, merchandise, exhibits or any other item to and from the Hotel. Boxes will be received no earlier than 4 (four) days prior to your event. All shipments must be prepaid and labeled as: Title of the Event Date of the Event Name of the Event Manager Material must be removed from the Hotel at the end of the event, and are the responsibility of the Client. These materials must be packaged, labeled and billed properly. The Hotel is not responsible for any damage or loss of any items left on premise prior to, during or following an event. Should the Hotel provide assistance with boxes or packages, a labor charge will added to the Master Account. Due to limited storage space, the Hotel must request that all shipments not arrive any earlier than 7 days prior to the Group's arrival on 2013 -03 -23 00:00:00. A fee will be accessed for shipments (6 boxes or more, $5.00 per box) received that will require additional storage space and/or handling. if packages are shipped to Hotel, the approximate number of packages must be given to the Convention Service Manager handling the group at least 3 days prior to arrival of initial shipment. S. Changes, Additions and Modifications Any changes, deletions, additions or stipulations including corrections by either the Hotel or the Client will not be considered agreed to or binding to the other unless such modifications have been initialed or otherwise approved in writing by the other. Page 5 of 6 rol 9. Disclosure Any item(s) not fully disclosed or outlined by the Client upon signing this agreement and /or during the planning process allows the Hotel the right to cancel the event and keep all monies and deposits. A Cancellation and Penalty fee will apply. See Section C, Item #3. Please sign below by December 10, 2012 to indicate your acknowledgement of the terms and conditions of the Agreement. Prepared by: yAqkn wled ed an ccepted y: Jill Kennerson t r Event Manager Client ll j Date: Date: f + Page 6 of 6 MEMORANDUM To: Lula Butler, Community Improvement Director CC: Milena Walinski, Assistant Finance Director File From: Kimberly Wynn, Executive Assistant/Agenda Coordinator dab Date: 12/20/2012 Re: Letter of Agreement/ John Scott Dailey Florida Institute of Government at FAU Attached please find a Letter of Agreement with John Scott Dailey Florida Institute of Government at FAU for technical assistance /facilitation services associated with the Visions 2020 project. This agreement was approved by Commission at the December 4, 2012 Regular Meeting; Item 8.K. An original will be maintained on file in the Clerk's office and a copy sent to Milena Walinski, Assistant Finance Director. Call'ne at 243 -7059 if you have any questions. Thanks MA xb,u)ohn Sw zzt Uhiluy FLORIDA 1NSTt'rt; €TI~ OF (()\,!L -RN v1LNT The John Scott Dailey Florida Institute of Government at FAU 777 Glades Road, Building 44, Room 108 Baca Raton, Florida 33431 Phone. 561/297-3749 Fax- 561/297-4479 Email.: sshannonrr?fao.edu Website: yvwNv.fau,eduliio LETTER OF AGREEMENT This Letter of Agreement confirms the following technical assistance /facilitation services to be provided through the John Scott Dailey Florida Institute of Government at Florida Atlantic University for the City of Delray Beach_ SCOPE OF SERVICES. "I'he Visions 2020 Steering Committee selected 12onnie Glotfbach. and Kimberly Devlin, Co- founders of EdTrek, inc., to coordinate the Visions 2020 forum for the City of Delray Beach. Edtrek consultants, working through the 1'AU Institute of Government, will provide the f0ii01t3it1g services: = Plan, facilitate, and summarize forum planning meetings with the Steering Committee Design and develop the forum agenda based on confirmed attendees * Communications creation • Coordinate Forum logistics Coordinate one -day Visioning Forum • Deliver Policy Statement writh participant approval as a result of the forum Develop aii evaluation instrument for the Forum to provide Steering Committee with targeted participant feedback to apply to future visioning sessions *Detailed Proposal f om Ed'rrek, Inc.. attached November, 2012 — Febraary, 2013; Facilitate Steering Committee planning meetings March, 2013: Host Visions 2020 Forum March — April, 2013: Finalize resulting Policy Statement Revised 11112712012 FEE STRUCTURE: PRE -FORUM ACTIVITIES $4,900 7 Steering Committee meetings $6,450 Design/communication/materials $4,900 Logistics FORUM $4,800/day Facilitation $1,100 /da On -site logistics Date: t POST -FORUM $2450 Reporting TOTAL: $28,782* *Includes the IOG 17% fee THE JOHN SCOTT DAILEY FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA ATLANTIC UNIVERSITY SHALL: 1. Monitor the progress of the project to assume that the proposed deliverables are satisfactorily completed in the proposed time frame. 2. Prepare the paperwork to pay the consultants on a monthly basis. 3. Invoice the City of Delray Beach upon completion of mutually agreed upon deliverable services. THE TOWN OF DELRAY BEACH SHALL: 1. Provide necessary catering and adequate meeting room space including audio- visual equipment, flip charts, etc., necessary for delivery of facilitation services. 2. Provide the 10G with a roster of forum participants after completion of the Visions 2020 forum. 3. Payment of invoices will be made upon receipt of an invoice and completion of the facilitation services. Agreed to on behalf of. (Please return signed copy to the!1J0G, via fax ore aI I Signatures: ' Name: Sarah Shannon, Director, FAU IOG Date: t .. . EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tot: 954 -321 -9600 + EdTrek, Inc.... Journeys in Learning + participant's time and input while avoiding group -think or discussion Proposed Visions 2020 (Plan (revised for one -day) Ct[ttt r City of Delray Beach Steering Committee Reiquest f ` Building on the City's history of visioning assemblies, design, develop, and manage- — indusionary brainstorming event logistics for a community Visioning Forum that will generate Visions 2020 in a — visual voting manner that embraces the Steering Committee's six tentatively identified priorities: E _ consensus - inclusive - engagement - achievable Host aone -day Forum event for 100 -150 with a team of facilitators based on - futuristic - implementation Recormm�ded App h • Obtain further direction from the Steering Committee roac; • Consult with Steering Committee on recommended approach, timeframe, areas of interest for Forum, and questions to inspire discussions EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tot: 954 -321 -9600 • Design Visioning Forum process based on confirmed attendees that maximizes participant's time and input while avoiding group -think or discussion r 3 v domination through such engagement activities as: b — indusionary brainstorming — visual voting agx nominal group technique and others 3 QU Host aone -day Forum event for 100 -150 with a team of facilitators based on E�S S C final registration count Deliver a Policy Statement with participant approval as a result of the Forum Value A ci 6 At no additional cost to the Steering Committee, EdTrek will: 3 • Develop an evaluation instrument for the Forum to provide Steering Committee with targeted participant feedback to apply to future visioning , , `< sessions Photo document Forum activities and provide images for use in communicating f EE =w n and marketing the output of Visions 2020 R Share best practices for pre- and post -Forum activities to maximize effectiveness R F '._ .._ Ct%ii f^'xSY`'1 -'ti -� �:.9 %ryw;:;,mnrca,r -vax_ .... .•.;vxaxx'.xmwarrxt:m:.x_sv -� - �: scws.: z: x. uw« vvav» xwvnwmwwK:-: v:-- av- v--- en.- -:. w: r: wY+ x+ wwew. uwvnanvtvntmrrvrnnrsz, �scws : u. : m> xerrev- w- x- r- ex;.,..::m.xnaewrnxw'w.xemM.. Targeted 3„ Varied group of City residents, business owners, youth, educational leaders, Audience and merchants (approximately 100 -150); and the Steering Committee members T�re�r�e 33 Guide Steering Committee planning meetings November 2012 through February 2013 • Host Visioning Forum in March 2013 ?wf • Finalize resulting Policy Statement document in March/April 2013 3 U »2✓.:« ep rwwxs.rvx..sx nnvii.: vw+,++ wwwvsn» mrwcrma:. x..._ zc. s.. w ...:........:. x. umxmvxrcxw >nevn,4vwa...,..eare.. roan. wmm-. vrntwrmer-. s..-«--. a.. �ua�.. eea.. r. e. uxwwm5. mnis-,- �cv.,.. vwawv?v >wtusn.- .-- TC.a.rx....+�..eve EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tot: 954 -321 -9600 m EdTrek, Inc.... Journeys in Learning o EdTrek • Plan, facilitate, and summarize Forum planning meetings with the Steering Committee • Design and develop the Forum agenda based on confirmed attendees • Communications creation: ghost writing of event invitation, explanation and reminder communications to establish expectations from the outset • Logistics: securing a facility, managing the event onsite, sign in the day of the Forum, light catering • Deliver a Policy Statement with participant approval as a result of the Forum • Develop an evaluation instrument for the Forum to provide Steering Committee with targeted participant feedback to apply to future visioning sessions Florida Atlantic University Institute of Government (FAU IOG) • Facilitate contract management and invoicing for Forum- related activities City of Delray Beach Key Contact (Lula Butler) • Serve as a liaison between Steering Committee and EdTrek • Comply with/manage Sunshine Law requirements of meetings • Communications distribution (i.e., sending out content developed by EdTrek) • Attend Forum as an onsite resource • Provide results to date from the 2010 Visioning process City of Delray Beach Steering Committee • Provide informed perspective on content of the Forum • Identify Forum participants representative of the community • Actively participate in the Forum 1. Steering Committee to select consultant 2. Establish dates for all Steering Committee Planning meetings 3. Secure venue and date for Visioning Forum EdTrek, Inc., 1314 East Las Olas .blvd., Suite 415, Fort Lauderdale, FL 33301 Tel_ 954- 321 -9600 o EdTrek, Inc.... Journeys in Learning + Fee Activities Actions Pre - forum: $24,600* $700/meeting Steering - Plan structured sessions to maximize Committee effectiveness f ' Planning - Facilitate seven meeting If incurred Meetings - Summarize meeting decisions and action steps at cost Catering costs - Inclusive of meeting materials, as required $6,450 Design - Design retreat Steering Committee Communications - Committee communications - Liaison contact with Lula - Personalized invitations template - Explanatory documents - Thank you communications Materials - Production, manipulatives, facilitation tools $4,900 Logistics - Secure a facility - Confirm media requirements, parking, directions, etc. - Participant pre - registration -- * Coordinate light catering $4,800 /day Facilitation - Delivery with a team of four facilitators $1,100/day Onsite logistics - Manager of onsite event - Registrar for sign -in desk at Forum $2450 Reporting - Summarize Forum outputs, integrating graphic elements as applicable - Submit first draft to Steering Committee for feedback Make final revisions to document Provide final Policy Statement document EdTrek Submitted: Ronnie Glotzhach and Kimberly Devlin Date: 11/27/2012 rev. EdTrek, Inc, Co- founders Letter of Agreement valid for.14 days EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tel: 954- 321 -9606 total: $24,600* $228,782* One -day event including IOG 17 10 fee (seven planning meetings) f ' Pass Facility rental If incurred M` through <f at cost Catering costs Will work with catering budget established by S Y 3 > Steering Committee Submitted: Ronnie Glotzhach and Kimberly Devlin Date: 11/27/2012 rev. EdTrek, Inc, Co- founders Letter of Agreement valid for.14 days EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tel: 954- 321 -9606 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 28, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of February 18, 2013 through March 1, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of February 25, 2013 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (5 to 1, Gerald Franciosa dissenting and Derline Pierre -Louis absent) a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Marketplace (former Ralph Buick Dealership property), located at the northeast corner of South Federal Highway and Fladell's Way (Avenue "F "). B. Recommended approval with conditions (6 to 0), of a conditional use request to allow an increase in the building height in excess of 48 feet up to a maximum building height of 60 feet for a four -story building addition that will accommodate an expanded lobby, conference room and medical related services on the ground floor and new patient rooms on the second through fourth floors for the Delray Medical Center, located on the south side of Linton Boulevard, west of Military Trail. C. Recommended approval with conditions (5 to 1, Clifford Durden dissenting) of a Conditional Use Request associated with the renovation and expansion of the existing ten (10) room motel including the construction of a two -story addition to accommodate seventeen (17) new motel rooms for a total of twenty -seven (27) rooms and construction of new on -site parking spaceswith associated landscaping for Southgate Motel, locatedapproximately 500 feet north of NE 14th Street, between North Federal Highway and Old Dixie Highway. Site Plan Review and Appearance Board Meeting of February 27, 2013 1. Approved (4 to 2, Alice Finst and Rustem Kupi dissenting and Jose Aguila absent), a request for a color change for 3rd & 3rd an existing restaurant, located at the northeast corner of NE 3rd Avenue and NE 3rd Street (301 NE 3rd Avenue). 2. Approved (6 to 0), a request for a color change for Addison Gallery, Inc. an existing commercial building located at the southeast corner of NE 2nd Street and NE 2nd Avenue (206 NE 2nd Street). 3. Tabled (6 to 0), a request for a color change for 791 Andrews Avenue, an existing 4 -unit townhouse building located at the southeast corner of Andrews Avenue and George Bush Boulevard. 4. Approved (5 to 1, Rustem Kupi dissenting), a request for a color change for Delray Decorator Business Building, an existing commercial building, located on the east side of NE 4th Avenue, between NE 1 st Street and NE 2nd Street. (143 NE 4th Avenue). 5. Approved (6 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with the construction of a 10 -space covered parking structure at the Lakeside Condos, located on the east side of SW 10th Avenue, south of Linton Boulevard (1915 Lavers Circle). 6. Approved with conditions (5 to 1, Alice Finst dissenting), a Class IV site plan and architectural elevation plan associated with redevelopment and replacement of the existing Regal Cinema with a proposed LA Fitness Center in the Plaza at Delray, located at the northwest corner of South Federal Highway and Linton Boulevard (1400 South Federal Highway). The landscape plan was approved on a 6 to 0 vote. 7. Approved with conditions (6 to 0), a Class V site plan and landscape plan associated with the construction of a four -story hotel with 95 rooms for the Delray Beach Fairfield Inn Hotel, located on the south side of West Atlantic Avenue, between SW 9th Avenue and SW 10th Avenue. The architectural elevation plan was tabled by the Board. Concurrently, actions on the following waivers were taken by the Board: i. Recommended approval (6 to 0), to the City Commission the waiver request to LDR Section 4.4.13(F)(4)(b)(1), to allow (along West Atlantic Avenue), a decreasein the required building frontage setback at 15' minimum from the required 196' to the proposed 173' -8 ". ii. Recommended approval (6 to 0), to the City Commission the waiver request to LDR Section 4.4.13(F)(4)(b)(1), to allow (along SW 9th Avenue), a decrease in the required building frontage setback at 10' maximum from the required 38.5' to 0' and a decrease in the required building frontage setback a minimum of 15' from the required 5.5' to the proposed 0'. iii. Recommended approval (6 to 0), to the City Commission the waiver request to LDR Section 4.4.13(F)(4)(b)(1), to allow (along SW 10th Avenue), a decrease in the required building frontage setback at 10' maximum from the required 38.5' to 0' and an increase in the required building frontage setback a minimum of 15' from the required 16.5' to the proposed 55'. iv. Recommended approval (6 to 0), to the City Commission the waiver request to LDR Section 4.4.13(F)(4)(b)(2), to allowthe percentage of floor area for the 4th floor which is located at a height between thirty-seven feet (37') to forty-eight feet (48') to be increased from the maximum required of 70% of ground floor area to the proposed 76 %. V. Recommended approval (6 to 0), to the City Commission the waiver request to LDR Section 4.6.9(13)(3)(c)(1), to reduce the required stacking distance for the SW 10th Avenue and SW 9th Avenue access driveways to the parking area from the required 50' to 7' (SW 10th Ave) and 9' (SW 9th Ave). vi. Recommended approval (6 to 0), to the City Commission the waiver request to LDR Section 6.1.3(B)(1)(f), to reduce the required width of the sidewalk in the Central Business District along SW 10th Avenue and SW 9th Avenue from the required 8' -0" to the proposed 5' -0" with the condition that an 8' wide sidewalk for both SW 9th Avenue and SW 10th Avenue shall be provided up -to the access driveway to the rear parking lot area. vii. Recommended approval (6 to 0), to the City Commission the waiver request to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface along West Atlantic Avenue from the required 75% to the proposed 25 %, along SW 10th Avenue from the required 75% to the proposed 4 %, and along SW 9th Avenue from the required 75% to the proposed 4 %. 8. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a one -story 3,000 square foot office and warehouse building with two tenant bays for SW 11th Street Holding LLC Building, located at the northeast corner of SW 1 lth Street and SW 10th Avenue. Historic Preservation Board Meeting of February 20, 2013 9. Denied (5 to 0, Annie Adkins Roof and Annette Smith absent), a request for a Certificate of Appropriateness to replace a wood picket fence with a PVC picket fence for a contributing office building located at 201 NE 1st Avenue, Old School Square Historic District. 10. Denied (5 to 0, Annie Adkins Roof and Annette Smith absent), a request for a Certificate of Appropriateness to replace a wood picket fence with a PVC picket fence for a contributing office building located at 203 NE 1st Avenue, Old School Square Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT MARCH 5, 2013 SPRAB: 1. 3RD & 3RD 5. LAKESIDE CONDOS 9.201 NE 1ST AVENUE 2. ADDISON GALLERY INC. 6. LA FITNESS 10. 203 NE 1ST AVENUE 3. 791 ANDREWS AVENUE 7. DELRAY BEACH FAIRFIELD INN HOTEL 4. DELRAY DECORATOR BUSINESS BUILDING S. SW 11 TH STREET HOLDING, LLC. -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \3 -5 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Douglas E. Smith, Interim City Manager DATE: February 15, 2013 SUBJECT: AGENDA ITEM 8.L1- REGULAR COMMISSION MEETING OF MARCH 5, 2013 CONTRACT AWARD/ LINE -TEC, INC. ITEM BEFORE COMMISSION Request approval of an award to Line -Tec, Inc. in an amount not to exceed $62,000 for services relating to flushing fire hydrants. The terms and conditions are based on the current competitively bid contract with the City of Boynton Beach for "Supply and Installation of Water Service Connections and Restoration ", Bid #033 - 2821- 10 /JA. BACKGROUND The Public Utilities Department requested and received annual funding in the amount of $70,000 for fire hydrant flushing services in this year's budget, FY 12/13. This award is to provide supplemental services to the division in flushing the City's 2,650 fire hydrants. These flushing activities are necessary in maintaining water quality throughout out the water distribution system. Line -Tec will utilize contract pricing under an active City of Boynton Beach contract, expiring June 2013. This request is in an amount not to exceed $62,000. Upon approval by City Commission, Line -Tec, Inc. will execute a "Standard Form of Agreement between the City and Contractor ". FUNDING SOURCE Funding is available from account #441 - 5123 - 536 -34.90 (Water and Sewer Renewal & Replacement Fund/ Water and Sewer Fund/Contractual Services; $54,000), and 442 - 5178 -536 -46.26 (Hydrant Flushing Contract FY 13; $8,000). RECOMMENDATION Staff recommends award to Line -Tec, Inc. in an amount not to exceed $62,000.00 utilizing contract pricing under an active City of Boynton Beach contract, expiring June 2013, for providing services related to fire hydrant flushing. ry �3N f-el ^ 19-11. 1 Exhibit "A" "The (Ativ �s aa:: cra ate, P.tl. Bax 870 13o�tiun � F`w"rs�z a�4:s,5 -:i.�e C1 P: (51511747 6116 i':eorwfy 1, 12. Lire^ ► et� Im 241 Nits+ I 84` i �v MU6 L1ei ybeach,FL 331 Attm Mr. 6coitt tilswOrri f glti N+RMil_: .Two yLM 8•p FOR THE SUPPLY AND INS I-ALLA710M OF WA75R, seRviciE c;C)NNVEC i IONS AND RESTORATION 1310 NO.: on -mi -i GiJA nqmstr Mr. Ellsworth: The -rwo Year Bid for the Supply and instailetion of darter SeNice CQOPe M W"d Restnrat1W expires .lung 1, 2012. The Bid Documents aiiow for a a yegr ext6rSiOn With the s _qme #errns, conditions and pricing. The Gity of i�MtOn B ch V� QWd illc+~ t� rsni��f si1i� �u fug mn additional year. l to re qusiity se W that you have given to tt a l:,iiy. Therefore, ii you agree, We Lviii exteH, the exi�fng Bid ftm June 2, 2011 to June 1, 203. pl e indicate your re nts Ott the follow' n. page and retUm it to Fmcurement 6ervit s at - cVr rearrest comp sience. We look forward to canting working vAth you. if you si ouid have any a� �ti ^is. ple s0 fit free to rill Julie AlIh ndi et (S61) 742 jMEi s' €i% ' r Exhibit Il ' "To include all labor and appurtenances normally associated with water main replacejricnt progrmns. Two prieQs should be provided: (126) installation in non.pavcd area, acid 2b) installation in paved area. Both priccs shoolA include restoration to '`as fouW or Better condition. 9 17 THIS PAGR TO BE Sift MITTED tt'<! 4110ER FOR PACKAGE TO BE GONSIMARD COMPLETE AND ACCEPTAOLE 1 Ir stxllation Mice, tier faint of Installation. 6" DIP water main Installed with Price pgr toot: .� � � fittings l4 installation of Pirc liydraitt " Installation only [11 i Assembly wall G gate valvc complete Non Pav d PAVed t t Installation afsainpl4; lU1€lts 13ista1l tion only t3.4xo F 12a *Installation of tapping sleeves SEC NOTE ' and valveslnvti- avW area i 2b *1astallation of tapping sleeves SEE NOTE and valves! avail area ltetrrs 1.12b will he userl roc bid evolurrdom Rems I2 -20 W11 be trsert as ary evaluatlort Wterla. - Ll -F3 Additional cost for hand dlggir% Linear foot trench JAdditional — 14 cost for restoratluii of ;square foot c • _ as lirrit.driv -,was _ _ —for Square foot � lS Additlonnl cast restoration of concrete dr#vewa lsWwalk { G 1 I4�url tabrsr rate Per hour 30-0* - -, 17 _� _ Rourly rate for treneher, if Per hour ite4ded 18 Hourly rate for backlioe, if Per hour needed i 1 19 Hourly rate for booing Machine, Per hour If needed 20 mark tilt' on wholesaie cast for Percent Markup additional vegetative i .wration t (if required), based on in -voice � provided by vendor hidicating wholesale cost: "To include all labor and appurtenances normally associated with water main replacejricnt progrmns. Two prieQs should be provided: (126) installation in non.pavcd area, acid 2b) installation in paved area. Both priccs shoolA include restoration to '`as fouW or Better condition. 9 17 THIS PAGR TO BE Sift MITTED tt'<! 4110ER FOR PACKAGE TO BE GONSIMARD COMPLETE AND ACCEPTAOLE 1 Exhibit "A" 0 AOMPIONAL COST FOR BAMFLOW REPAIR PART'S NOT COVERED CINDER LINES % 50% 59 INSTAt1ATTON or- RADIO READ UNITS ON M- SnNG COMPATIM WATER MEMRS (LAWR ONLY) EA � � ,.t`�J Did pJtiiP -MONAL WE OW"JiG SECTION UNIT UH r PRICe ff 10 1/21, - 1" SCHEDULE 90 PVC DIREC 014AL ISC P"NG Ll- ( 0. (>,o 71 1 -114" - 1 -1/2" SCH 40 PVC DIREMONAL DORM LF 31 0-0 72 2" SCIi 44 pVC DIE F- C"ONAL I10RING LF 14 •6C) 73 2 -1f2" SCH 40 PVC WRECTIDNAL WRING LF I &.0-6 74 r SCH 40 PVC 0I(( MONAL 00rdfIG LF 17.5o 75 PoTItOUNOTO LOCw1`t'EL3CSSMINGIU1TILTIICS EA Of?.tsJ 7G INSTALLATIDN or. MYCMICAL MEEPS 112� -1 -1/4" EA t 0 ." 77 INVA"TjoX Ol: FLFMICAL SWEEPS 1 °1/2" - 3° EA A0, ob I$ INSTALtA'l'1(}N OF 4 X 4 X 4 E(„ ECMCAL PUTA- IMX ('CCsr PI_It FOX) EA �'. 19 I14S'iA[ CATION OF 0 X 8 X 8 ELECIMCAL PULL BOX (COST PPA Box) EA it �'. or() 80 ADDITIONAL COSt• PER C- oT FOR SCH ISO PIPE T'Ii MS 45 -49 LF Oro Bid FIRS tiYDCtAjJT t4AYpirENACE AND REPAIR sracno d UNIT tiF}V PRICE Bi FIRE KYDRANYT FLOW TEST, pRES$E }RE W -ST AND NOZZLE MURICAMN EA t,yr% 02 COST FOR ME HYDRANT FI.OWT9St' WfiIGS'OUAL ` F5I' TA 31 0-0 Ili FIRFt FIYDIIAN"F AUp1T (INCI.URTls AUDIT, FLOW, AND MAIMT;(VANCE flF TiYT3MFf} FA qo. 0�0 84 F1EiF HYi71xAN'f PAISV"fiNCs, WIRE AND SCRt1P5 M Cfl 5-06 85 PAItdt[Wor R4IJARDS 86 LiRPIiR BARREL REPAIR ON E7[IS"T'lNCy 1;IIiE 3iYDFtA[+}7 PA 87 LOWC -P BARREi_ REPIAR ON WaHNO FIRE HYDRANT FA � ��� 070 08 INSTALLMON OF IVAFF`IC P PAIR FLIT EA €� S O • tro $9 INsi- ALLA -90N Or-6" Me HYDRANT EM NS" CA � S�. I•sZ7 +34 1TVSl UA`TION OF IV Puke HYDRANT MWNSION EA �' c�� • � 91 INSTAL tA'iT IN OF 18' (SRC HYDPAW F7f1EM5ION EA w- Estimate Date Estimate # Professional Underground Utility Contractor 2/22/2013 3425 241 NW 18th Avenue I Delray Beach, F133444 1 Ph: 561.279.1032 1 Fax: 561.279.1044 1 www.linctecinc.com Name / Address City of Delray Beach 434 South Swinton Ave Terms P.O. No. Project Delray Beach, F133444 Net 30 Hydrant Flushing "2013" Description Cost Qty Total This estimate is for Hydrant flushing at various locations within The City of Delray Beach as assigned by the City. Work involves location of hydrant, installation of hydrant diffuser and flushing hydrant for approximately 5 minutes and monitor chlorine levels. This cost is based on an hourly rate for flushing hydrants over the first 5 minutes, estimated at 10 minutes per hydrant on average for 1,300 hydrants which need to obtain proper chlorine levels. This estimate is based on an annual contact with The City of Boynton Beach. Bid #033 - 2821 -105A. Bid Item #081/ Fire Hydrant Flow Test, Pressure Test and Nozzle Lubrication (Estimate 2412 23.00 2,412 55476.00 hydrant @23.00 ea.) Bid Item #016/ Hourly labor rate required in excess of bid Item #081 (estimate 50% of hydrants 30.00 217 6,510.00 requiring an additional 10 minutes of flushing)= (1300 hydrant times 10 minutes divided by 60 equals 217 hrs) This estimate covers all labor, equipment, materials and restoration costs to complete this project. Signature Total $61,986.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Interim City Manager THROUGH: David Boyd, Finance Director DATE: February 21, 2013 SUBJECT: AGENDA ITEM 8.L2 - REGULAR COMMISSION MEETING OF MARCH 5, 2013 PURCHASE AWARD/ SENTRY INDUSTRIES ITEM BEFORE COMMISSION City Commission is requested to approve a blanket purchase order valid from March 2013 thru 09/30/2013 in the amount of $170,000 for the purchase and delivery of Sodium Hypochlorite "as needed" from Sentry Industries. BACKGROUND Sodium Hypochlorite is used on a large scale to prevent algae and shellfish growth in the water cooling towers and as an essential disinfect for the water supply. Past vendors who have supplied this chemical to the Water Treatment Plant were very problematic. Failure to make timely deliveries as required was one of the complaints that were not acceptable. Sentry Industries $0.76 per gallon Harcros Chemicals, Inc. $1.28 per gallon Odyssey Manufacturing No response Sentry Industries has consistently met the requirements on service and quality of product. FUNDING SOURCE 441 - 5122 - 536.52 -21 OPERATING SUPPLIES CHEMICALS RECOMMENDATION Staff recommends award to Sentry Industries for the purchase and delivery "as needed" of bulk Sodium Hypochlorite at an estimated cost of $170,000 @ $.76 per gallon as quoted in cost extenison letter dated 02/08/2013 valid through 09/30/2013. Cm it \ I HN I\111- 5112 #lC4 FCbrLta.ry ft, 21013 f�7ct einfltl: O7crclUILI i- fra 'tic,Ir•t1 ,lxe�tt01. c OU, Ms. Palsy Nadal. PurchatsinL-, Manager City ol'Delraly Beach 10 0 N. NV, l�" ►venue Delrav Beach, F I.. 13-444 Re: Cofllruc l Errensrc,nfin, ' "odimn f41,11oc•hlorile Dear Ms, Nadal: Se;tatry lttdtIS(TiCS is plcaised w ht; able- to offer a contract e %tertsiOn 10 the City of Delray Beach, The new contract kvil l start can l eial I.ta1'y 8, 2013 aUd rtrrl t4arc,u�la September 30, 20 13. Sodium I-{vlacachi(}rite will he invoiced at $0.76 per gallon, the samc price as last years•. Dclivedes will he uaade to the Delray Beach Water Freatruent Plant. There are no additional cl urges for dclive:ry, ttncl still oilre.r terms mad conditions will remain the saute, please let us know, at you earl.Iest convenience, whether this orfer is acceptable. Thank YOU ue1•y Iaauc:it IOr vcfur consideration. We look forward to Continuing to serve y()rlr requirements fca:- 4odk,1 ri ltypochiorite liar the corning year, Sincerely. S.W. Sidelko President i687 N W 30th Avt-tmc. Miami, Flo irld -I F11 WA. "N `ii Hl Nadal, Pats From: Bullard, John Sent: Thursday, February 07, 2013 9:03 AM To: Nadal, Patsy Subject: FW: Delray Beach WTP Sodium Hypochlorite Patsy, Here is the Harcros quote. I haven't heard from Odyssey yet. I don't think he responded the last time I made a request. John From: India Haass [mailto:IHaass @harcros.com] Sent: Thursday, February 07, 2013 8:56 AM To: Bullard, John Subject: Re: Delray Beach WTP Sodium Hypochlorite John, Please to quote (bleach) Sodium Hypochlorite 12.5% truckload 4800 gals $ 1.28 gal delivered lead time 2 -3 days ships out of Tampa. Tks India "Bullard, John" - -- 0210612013 09:51:53 AM - -- India, We communicated a few years back about bleach pricing. We are currently in the process of go f=rom: "Bullard, John" <BullardJCcDmydelreybeach.com> To: "'ihaass @harcroschem.com "' <ihaasspharcroschem.com> Date: 02/06/2013 09:51 AM Subject: Delray Beach WTP Sodium Hypochlorite India, We communicated a few years back about bleach pricing. We are currently in the process of going to Commission to set up a blanket purchase order for the rest of the fiscal year through September 30th. Our purchasing division asked us to check with a few companies to verify if the price we are paying for bleach is still competitive. We are currently using an average of 850 gallons per day. Thanks again for your assistance in the past. Regards, John M. Bullard Water Treatment Plant Manager 200 SW 6th St. blanket purchase order for the rest of the fiscal year through September 30th. Our purchasing division asked us to check with a few companies to verify if the price we are paying for bleach is still competitive. We are currently using an average of 850 gallons per day. Thanks again for your assistance in the past. Regards, John M. Bullard Water Treatment Plant Manager 200 SW 6th St. Delray Beach, FL 33444 561 - 243 -7319 bullardj@mydelraybeach.com "11 04S. WaterSens PARTNER 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: Douglas E. Smith, Interim City Manger DATE: February 28, 2013 SUBJECT: AGENDA ITEM 8.L3 - REGULAR COMMISSION MEETING OF MARCH 5, 2013 PURCHASE AWARD/ CARBONE'S CUSTOM FIREARMS ITEM BEFORE COMMISSION The Police Department requests Commission approval for the purchase of weapons from Carbone's Custom Firearms for the SWAT team. The cost of the purchase is $35,997.75, which will be funded from the Federal Forfeiture account. BACKGROUND The SWAT team currently has several different styles of weapons which range in age from 5 to 20 years old. These weapons are largely outdated. Further, the different weapons create challenges for training continuity and necessitate the purchase of multiple types of ammunition, which is costly. This purchase would allow the Department to standardize the SWAT weapons. That would allow the Department to streamline the training techniques, minimize the purchase of ammunition types, and standardize the pouches on the SWAT vests. Additionally, it would allow team members to share magazines if needed (see attached justification memo). In order to reduce the output of cost, the team will trade in the old weapons. A request for bids was released for this purchase, and the bid tabulations are attached. Based on the results, Carbone's Custom Firearms offers the best combined value on purchase and buy -back pricing. FUNDING SOURCE Funding is available in our Federal Forfeiture Trust Fund, account #115- 2112 -521- 64.90. RECOMMENDATION The Police Department recommends approval of this purchase. DELRAY BEACH POLICE DEPARTMENT MEMORANDUM To: Anthony Strianese Chief of Police From: Sergeant John Crane -Baker i h Training and Recruiting Date: January 4, 2013 Subject: SWAT WEAPONS This memorandum will serve as justification for the purchase of 21 Rock River PDS SBR Assault Rifles for the SWAT Team. As you are aware we have several different types of weapons on the SWAT Team ranging from Rock River AR -15's, Colt AR -15's, H &K MP5 (9mm's), H &K MP5 (40's) and H &K LIMP (45's). We currently have to purchase ammunition for four (4) different types of weapon systems each year, which is very costly. Each year we have to budget around $20,000 on ammunition alone. With the purchase of one (1) singular weapon system we can eliminate the multiple ammunition purchases, we can standardize the pouches on the SWAT vests, in a critical situation team members can share magazines if they run out and it allows the team to have up to date weapons. Our current weapons range from 20 years to 5 years old. With the older weapons we have had to repair and replace multiple parts on several of them which is starting to become costly. I have provided 3 quotes for the purchase of the 21 new weapon systems. The quotes range from $45,628.34 to $43,487.80. We would be able to sell our current weapons to help offset the cost of the new ones. This would be a win -win situation for the department and the SWAT Team. The new weapons would be lighter, smaller and easier to utilize during entries. Additionally, this weapon system does not require the normal cleanings because it's a PDS (Piston Driven System) versus a gas system. The PDS (Piston Driven System) does not require the gas that is given off during a normal deployment to cycle the system, which means less dirt and grime inside the weapon. I contacted our representative from SRT Supply, Richard Haddad and asked him to inspect and appraise our weapons. Mr. Haddad has advised that we could get a minimum of $6900.00 for our weapons. The value could rise due to the volatile climate with weapon sales that is going on right now. If you have any questions or concerns, please get with me at your earliest convenience so we may discuss them. N O CD ca CL w to w LO LO O T 11') o a co w o a M T ct W co co M 00 t0 we 67 ti W LO li I�r td M 6 m 01 1+ co T 1- 4 N' M m 4 to r co co co 7, N Q) v) m 6% o) (Y) M 64 w 69 69 V) T ta Q' CL 69 N C7 O O O OD c0 00 W 00 co a0 1O to co co Ln O? G 0 65 a 6 o N o N (3) M w vi 6) cF 0 It 0 w r 0 4 4 rn N N � .r (� r M (4 M O M M N LX) 64 M co �t M T Cl) 64 n W IT ff-? V 0 t6 69 N C7 1� h p G T 00 fie CQ T 69 CF� 64 r •U -r, � � 44 69 rfy 69 O O 7 J CL Q 'L Q _N ❑ M O O Lo 0 m M O O M m M M 0 0 � Q O O Ln UL O' qt O c4 ti M c0 0 d [] a0 DD ti co ti a) IT 0 M w m Q N 00 N CO N I- O :� W P- 6) LO w h N eri 6% co ao 64 to t» w 64 N r d ea N 64 4D 69 ER � 4S. 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M N Q �, 3 0 0 0 o a o 0 0 0 0 0 0 o N on CL 0 a 0 0 0 0 0 0 0 o c 6fi Q co ❑ r Q 404 V 3 a O ca ++ Lu _ u.i �aa °c fly O � J 0 O Q O 0 O 0 O 0 O 0 O 0 O 0 O o O Q O o O 0 O 0 O y Z W L W (� m 4l q� o v o O c O 0 Ln 0 O 0 O 0 O o O c O o O c Q o ti ❑ L O to N l N Lo c0 ti O O Lo O 0 EA O bfi co a) LL Z 64 ci 6 C9 0 a O W (i S 44 69 64 — - fg H3 M HO c) m o o Q r V O CL 0 0i = O H a Z ❑ tss O of N r N r {l m 3 d �, ,� a 0 p O f 3 m 0 =o � ° � Q as N o ;J N 9 E 4o •-- 0 CD ad, '3 fi Ln ON `� p t Ln d v) �, d' in LO LO ao m x x L L as N O N m m CL L'Herrou, Sharon From: Crane - Baker, John Sent: Friday, February 15, 2013 11:52 AM To: L'Herrou, Sharon Subject: Re: bid #2013 -30 Tabulation Follow Up Flag: Follow up Due By: Tuesday, February 19, 2013 1:30 PM Flag Status: Flagged I have reviewed the open bids and I recommend we go with Carbone's Custom Firearms. From: L'Herrou, Sharon Sent: Thursday, February 14, 2013 04:48 PM To: Crane - Baker, John; Privitera, Scott Subject: FW: bid #2013 -30 Tabulation Based on these tabulations, it looks like Carbone's provides the best value. Please review and provide your recommendations. According to Purchasing, since this is a straight forward bid (products with quotes), we do not need to convene a review committee if we are selecting the lowest bidder. Shearon L'Aerrou Administrative Officer Delray Beach Police Department (561) 243 -7852 (561) 243 -7816 (fax) Email: Iherrou(a)mvdelravbeach.com Web: www.mydeiraybeach.com Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence From: Nadal, Patsy Sent: Thursday, February 14, 2013 12:12 PM To: 'bids @lawmens.net'; 'teresa @teamdgg.com'; 'tomc @rockriverarms.com'; 'rhaddad @srtsupply.com'; 'ana @louspolice.com' Cc: L'Herrou, Sharon; Nadal, Patsy Subject: bid #2013 -30 Tabulation Thank You for your interest in the City of Delray. MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Parks Superintendent Linda Karch, Director of Parks and Recreation THROUGH: Douglas E. Smith, Interim City Manager DATE: February 26, 2013 SUBJECT: AGENDA ITEM 8.L4 - REGULAR COMMISSION MEETING OF MARCH 5, 2013 PURCHASE AWARD/ CONTEMPORARY CONTROL & COMMUNICATIONS, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of Irrinet -M Irrigation Control Systems from Contemporary Control & Communications, Inc. totaling $29,901.57 for three different locations. BACKGROUND Parks and Recreation requests approval to purchase three (3) Computerized Irrigation Systems for North Federal Highway, South Federal Highway, and North Swinton Avenue. The purchase of these systems will continue computerization of the irrigation system throughout the City to include parks, medians, and public facilities. Quotes were requested from Contemporary Controls & Communication, Inc. and AG- Tronix. They are the only two companies in the State of Florida who sell and install this system. Contemporary Controls & Communication, Inc. was the lowest bid for the three different sites. This equipment is being used to be compatible with our current system. STATION /SITE SOUTH FEDERAL HIGHWAY NORTH FEDERAL HIGHWAY NORTH SWINTON AVENUE TOTAL CONTEMPORARY AG- TRONIX 11,267.60 11,882.50 14,016.04 15,128.50 4,617.93 4,696.00 29,901.57 31,707.00 The total lowest quotes for the three sites is $29,901.57 from Contemporary Controls & Communications, Inc. FUNDING SOURCE Funding is available from account #'s: 119- 4144 -572 -64.90 (Beautification -Other Machinery/Equipment) $14,016.04 119- 4151 -572 -64.90 (Capital Improvement -Other Machinery Equipment) $15,885.53 RECOMMENDATION Parks and Recreation recommends approval to purchase Irrinet -M Irrigation Control Systems for three locations from Contemporary Controls & Communications, Inc. in the amount of $29,901.57. CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 LABELLE, FL 33935 Name /Address CITY OF DELRAY BEACH 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons South Fed. Highway IRRlnet -M A/C 12 DO & 4 DI WITH OUT RADIO EEPROM PROGRAMING /FLASHING INSTALLATION AND OPTIMIZATION OF IRRIGATION CONTROLS TRANSFORMER 120124 VOLTS BATTERY 12 @ 5AH MLB -I2 -AC SWITCHABLE OUTPUT PROTECTION Battery Power Cable ACE DC CABLE FROM PS TO IRRlnet -M IRRINET PS CHARGER 115 VAC 114 VDC -8A APC 214 406 -420 7.1 dB YAGI MYA4063 1 114" X 5' Pre -Gal Mast PI U -XR POLE MOUNTING ANTENNA PICCOLO -XR 111 PICCOLO -XR 414 EEPROM PROGRAM INGIFLASHING INSTALLATION AND OPTIMIZATION OF IRRIGATION CONTROLS CMU WITH HOUSING 115 Volt -24V @ 3.125 Amp Transformer LATCHING RELAY 12V BASES FOR LATCHING RELAYS TOTAL AMOUNT Helping to manage our water resources. Proposal Bob 2/4/2013 7303 ffm 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $11,267.60 Phone # 0.00 g 0.00 3i o 0.00 ho1man863(Dqembargmail.com 0.00 11,267.60z -'. 11,267.60 $11,267.60 Phone # Fax # E -mail Web Site 863 -675 -2372 863- 675 -7140 ho1man863(Dqembargmail.com http: / /Controls.embargspace.cotn AGRONR SPECIALIZING IN MOTOROLA IRRIGATION CONTROL SYSTEMS 1304 N. 15th STREET IMMOKALEE, FL 34142 I CUSTOMER NAME I City of Delray Beach Parks & Rec. 100 NW 1st Ave. Delray Beach, Fl. 33444 QUOTATION/PROPOSAL DATE QUOTE NO. 1/16/2013 2645 QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www_ag- tronix.com TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Beautification Project- South Island/ South Federal F4860A IRRlnet -M AC 12 DO and 4 DT, Without Radio (Qty. 1) 1 5,810.50 5,810.50 CDM750 Radio 403 -470 NW (Qty. 1) CDM Radio Installation Kit for Moscad (Qty. 1.) 115V - 24V, 75VA Transformer for IRRlnet M (Qty. 1) Antenna Extension Pole (Qty. 2) Yagi Antenna 450- 470UHF 7.1db (N Female) (Qty. 1) 460 -470 S.Odb Fiberglass antenna (Qty. 1) LMR400 20' Antenna cable w/ cone (LMR400) (Qty. 2) PICCOLO PlU (Qty. 1) Installation (Qty. 1) Use existing SS Cabinet and Power Supplies for enclosure and power source 50 -" k vz\ T�� 6 Medians -,A,/Piccolo XR 414 (Qty. 4) F4614A/V118AG PICCOLO -XR 414 (Qty. 4) 4 1,518.00 6,072.00 12V - 6V Converter (Qty. 4) 6 Station DC Switch Board (Qty. 4) 5flxl "xl /4" aluminum flat bar Piccolo XR antenna bracket (Qty. 4) SMA Female Bulkhead Crimp (Qty. 4) SMA Male connectors (Qty. 4) Antenna Cable (per t.) RG58 (Belden 48244) (Qty. 40) Grounding Disc 6" 318" hole use with antenna/ kit #49371.1 (Qty. 4) Installation (Qty. 4) Use existing old Scorpio SS enclosure. Has AC Power and I 10vAC to 12v DC Power Supply. Thank you for your business. TOTAL $11,ss2.5o QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www_ag- tronix.com Name/Address CITY OF DEL AY BEACH 400 NW ]m AVENUE DE RAY BEACH, FLORIDA 3 4 4 ATTENTION: am Simmons North Fed. Highway ( ( ° r E00 amnelM A/C 12 DO &4DI WITH OUT RADIO ( , ( § EO EEPROM PROGRAMING/FLASHING : ) \ ( coo INSTALLATION AND OPTIMIZATION OF \ } ) ( E00 IRRIGATION CONTROL EEPROM PROGRAM]NGF� SHING ( } TRANSFORMER 120/24 VOLTS } ( i 0.00 CD M750 INSTALLATION KIT . ( \ 0.00 CDM750 UHF 45G 2MH 4G5W \ } [ } 0.0 BATTERY 12 g 5AH ` \ r } E00 ML 4 AC SARCHABL OUTPUT } ( \ &00 PROTECTION } ( ( r Battery Power Cable ACE ( } } 0.00 DC CABLE FROM P TO RmnelM ( ` ) $0 RRINET PS CHARGER 115VAC14 VOC8 ( ( ) r ( 0.00 aPC21 4 \ ( 40642071dBYaD MYA03 ( § 0.00 1114 X e Pr G§ ea! ) } } [ &00 PI U- R ! E-mail ° [ E00 POLE MOUNTING ANTENNA ( } ( ( Eoo PICCOLO XR 1/1 > ( ( E00 PICCOLO XR 64 ( } i 0.00 EEPROM PROGRAM]NGF� SHING ( 0.00 INSTALLATION AND OPTIMIZATION OF ) i ( ( ) 0.00 IRRIGATION CONTROL ) CMU WITH HOUSING \ ( \ &oo TOTAL AMOUNT \ ( ( 14,016.04 14,016.04 HaMm to manage our wt resources. $] \01E04 . Phone # max« E-mail ++ Site ¥%67! a2 863-675-7140 holmau863@embarqmail.com http://controls.embarqspace.com r & � / � Z— AGaTRONIX SPECIALIZING IN MOTOROLA IRRIGATION CONTROL SYSTEMS 1304 N. 1. 5th STREET 1MMOKALEE, FL 34142 I CUSTOMER NAME I City of Delray Beach Parks & Rec. 100 NW 1st Ave. Delray Beach, A. 33444 QUOTATONJPROPOSAL DATE QUOTE NO. 1/16/2013 2644 QUOTE GOOD FOR 60 DAYS. Solaya@ag-tronix.com ag- tronix.com www.ag- tronix.com Page 1 TERMS REP SHIP VIA PROJECT" Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Beautification Project- North Island/ North Federal F4860A IRRTnet -M AC 12 DO and 4 DI, Without Radio (Qty. 1) 1 5,810.50 5,810.50 CDM750 Radio 403-470 MHZ (Qty. 1) CDM Radio Installation Kit for Moscad (Qty. 1) 115V - 24V, 75VA Trans:Former for TRRInet M (Qty. 1) Antenna Extension Pole (Qty. 2) Yagi Antenna 450- 470UHF 7.ldb (N Female) (Qty. 1) FG4603 460 -470 3.OdB Fiberglass antenna (Qty. 1) LMR400 20' Antenna cable w/ conn (LMR400) (Qty. 2) PICCOLO PIU (Qty. 1) Installation (Qty. 1) Use existing SS Cabinet and Power Supplies for enclosure and power source North Federal 6 Medians w/Piccolo XR 414 F4614A/VI18AG PICCOLO -XR4 /4 (Qty. 6) 1 9,318.00 9,318.00 SG4 Sunguard l2v DC 4.5a (Qty. 6) 12V - 6V Converter (Qty. 6) 6 Station DC Switch Board (Qty. 6) 56x1 "x114" alutnimun flat bar Piccolo XR antenna bracket (Qty. 6) SMA male connector crimp (Qty. 6) SMA Male connectors (Qty. 6) Antenna Cable (per ft.) RG58 (Belden #8240) (Qty. 60) Grounding Disc 6" 3/8" hole use with antenna/ kit 4493711 (Qty. 6) Installation (Qty. 6) Thank you for your business. TOTAL QUOTE GOOD FOR 60 DAYS. Solaya@ag-tronix.com ag- tronix.com www.ag- tronix.com Page 1 AGTRONIX SPECIALIZING IN MOTOROLA IRRIGATION CONTROL SYSTEMS 1304 N. 15th STREET 1MMOKALEE, FL 34142 I CUSTOMER NAME City of Delray Beach Parks & Rec, 100 NW 1st Ave. Delray Beach, Fl. 33444 QUOTATION /PROPOSAL DATE QUOTE NO. 1/16/2013 i 2644 QUOTE, GOOD FOR 60 DAYS. Sonya@ag- fronix.com www ag- tronix. com Page 2 TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Use existing old Scorpio SS enclosure. Has solar panel, bracket, and battery. Thank you for your business. TOTAL $15,128s0 QUOTE, GOOD FOR 60 DAYS. Sonya@ag- fronix.com www ag- tronix. com Page 2 CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 LABELLE, FL 33935 Name /Address CITY OF DELRAY BEACH 100 NW 1 st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons 24 station IRRinet-M North Swinton Ave. IRRlnet -M A/C UHF 12 stations CDM750 UHF RADIO 403- 470MHz 1 -25W CDM INSTALLATION KIT FOR MOSCAD a/c expansion board EEPROM PROGRAMING /FLASHING 110 To 24V AC Transformer for AC Solenoids BATTERY 12 @ 5AH Battery Power Cable ACE DC CABLE FROM PS TO IRRlnet -M IRRINET PS CHARGER 115 VAC 114 VDC -8A APC 214 406 -420 7.1 dB YAGI MYA4063 1 114" X 5' Pre -Gal Mast PROTECTION MODULE (LEVITON) SURGE PROTECTION /NOISE FILTER MLB -I2 -AC SWITCHABLE OUTPUT PROTECTION TOTAL AMOUNT INSTALLATION IS NOT INCLUDED. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 1 4,617.93 } 4,617.93 $4,617.93 Phone # Fax # E -mail Web Site 863 -675 -2372 863 - 675 -7140 holman863 @embargmai1.com http: /Icontrols.embargspace.com GA w TRO N IX SPECIALIZING IN MOTOROLA IRRIGA11ON CONTROL SYSTEMS 1304 N. 15th STREET WMOKALEE, FL 34142 I CUSTOMER NAME I City of Delray Beach Parks & Roe. 100NW IstAve. Delray Beach, Fl. 33444 QUOTATIONS /PROPOSAL DATE QUOTE NO. 1 2/13/2013 2688 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www.ag- tronix corn TERMS REP SHIP VIA PROJECT Net 30 SLC North Swinton ITEM DESCRIPTION QTY F'RICE TOTAL North Swinton 1 -24 station Irrinet M AC and accessories. F4860A IRRlnet -M AC 12 DO and 4 DI, Without Radio (Qty. 1) 1 4,696.00 4,696.00 Add AC 4112 IIO Expansion Kit (Qty. 1) CDM750 Radio 403 -470 MHZ (Qty.l) CDM Radio Installation Kil for Moscad (Qty.1) 115V - 24V, 75VA Transformer for IRRlnet M (Qty. 1) Power supply, switching, in:85- 264VAC, out.12VDC, 12.5A, 150W, power factor corn (Qty. 1) Surge Protector AC 4inll2out (Qty.2) Leviton Surge Protection (Qty. 1) Single Gang Box (Qty. 1) LMR400 20' Antenna cable wl corm (LMR400) (Qty. 1) Yogi Antenna 450- 470UHF 7.ldb (N Female) (Qty_ 1) Antenna Extension Pole (Qty.l) SS Pedestals 18W X 12H X 101) (Has SS enclosure needs pedestal.) (Qty.1) Thank you for your business. TOTAL $4,696.00 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www.ag- tronix corn MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Parks Superintendent Linda Karch, Director of Parks and Recreation THROUGH: Douglas E. Smith, Interim City Manager DATE: March 1, 2013 SUBJECT: AGENDA ITEM 8.L5 - REGULAR COMMISSION MEETING OF MARCH 5, 2013 PURCHASE AWARD/ AG- TRONIX ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) ICC Computer Irrigation Control System and four (4) Irrinet -M Irrigation Control Systems from AG- Tronix in the amount of $20,015.00. BACKGROUND Parks and Recreation request approval to purchase one (1) ICC Central Computer System installed and configured to monitor the irrigation system, four (4) Computerized Irrigation Systems for Mangrove Park, the grounds adjacent to the Old School Square Parking Garage, South Swinton, and Cason Cottage. The purchase of these systems will continue computerization of the irrigation system throughout the City to include parks, medians, and public facilities. Quotes were requested from AG- Tronix and Contemporary Controls & Communication, Inc. They are the only two companies in the State of Florida who sell and install this system. AG- Tronix was the lowest bid for the ICC Computer System and the Irrinet -M System for the four different sites. This equipment is being used to be compatible with our current system. STATION /SITE AG- TRONIX CONTEMPORARY MANGROVE PARK 3,576.50 4,345.47 OLD SCHOOL SQUARE PARKING 3,182.50 3,348.67 GARAGE SOUTH SWINTON AVENUE 6,018.00 6,091.43 CASON COTTAGE 3,468.50 3,757.33 ICC COMPUTER SYSTEM 3,769.50 7,099.56 TOTAL 20,015.00 24,642.46 The total lowest quotes for the ICC System and irrigation system for four sites is $20,015.00. FUNDING SOURCE Funding is available from account #'s: 001- 4131 -572 -64.90 (General Fund -Other Machinery Equipment) $10,528.50 119- 4151 -572 -64.90 (Capital Improvement -Other Machinery Equipment) $9,486.50 RECOMMENDATION Parks and Recreation recommends approval to purchase one (1) ICC Computer Control System and four (4) computerized Irrinet -M Stations from AG- Tronix in the amount of $20,015.00. AGTROND( QUOTATIQNIPROP4SAL SPECIAMING IN MOTORDU IRRIGATION CONTROL SYSTEMS DATE QUOTE NO. ......... ..... ........ 13.04.N.-A5.6 STREET... ... ...... .... .... ........................................ ..... ... .. ... ... ... ... .. ......... ......... ......... ........ IM MOKALEE, FL 34142 CUSTOMER NAME I City of Delray Beach Parks & Rec. 100 NW I st Ave. Delray Beach, Fl. 33444 V � QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www.ag- tronix.com TERMS 1/16/2013 2647 QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www.ag- tronix.com TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Mangrove Park 1 -24 station In inet M AC and accessories. 1- 12ST Irrinet M AC F4860A TRRInet -M AC 12 DO and 4 DI, Without Radio (Qty.1) 1 3,576.50 3,576.50 Add AC 4112 1 /0 Expansion Kit (Qty.1) CDM750 Radio 403 -470 MHZ (Qty.1) CDM Radio Installation Kit for Moscad (Qty.1) 115V - 24V, 75VA `I "ransformer for TRRInet M (Qty.l) Power supply, switching, in;85- 264VAC, out:12VDC, 12,5A, 150W, power factor Corr (Qty. I ) LMR400 20' Antenna cable w/ cone (LMR400) (Qty.1) Yagi Antenna 450- 470UHF 7.ldb (N Female) (Qty.1) Antenna Extension Pole (Qty.1) Thank you for your business. TOTAL $3,576.50 QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www.ag- tronix.com CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 Name /Address CITY OF DELRAY BEACH 100 NW 1 st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons 24 station IRRlnet -M Mangrove Park IRRlnet -M A/C UHF 12 stations CDM750 UHF RADIO 403- 470MHz 1 -25W CDM INSTALLATION KIT FOR MOSCAD a/c expansion board EEPROM PROGRAM] NG /FLASHING 110 To 24V AC Transformer for AC Solenoids IRRINET PS CHARGER 115 VAC/14 VDC-8A APC 214 BATTERY 12 @ 5AH Battery Power Cable ACE DC CABLE FROM PS TO IRRlnet -M 406 -420 7.1 dB YAGI MYA4063 10'X 1 114" 18 GAUGE PREGA. SWAGGED AT ONE END. MLB -I2 -AC SWITCHABLE OUTPUT PROTECTION TOTAL AMOUNT INSTALLATION IS NOT INCLUDED. Proposal 2/4/2013 7302 4,345.47 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WOE E 4,345.47 $4,345.47 Phone # Fax # E -mail Web Site 863 -675 -2372 863- 675 -7140 holman8630embargmail.com http: / /controls.embargspace.com Ars.TDAN11y QUOTATION/PROPOSAL SPECIALIZING IN MOTOROLA IRRIGATION CONTROL SYSTEMS 1.304.N.....15th _STREET.. ......... IMMOKALEE, FL 341.42 CUSTOMER NAME I City of Delray Beach Parks & Rec. 100 NW 1st Ave. Delray Beach, Fl. 33444 DATE QUOTE NO. ......... 1/16/2013 ............. ....... ... .......... 2649 QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www.ag- tronix.com 3 �$d TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Old School Square Parking Garage 1 -24 station Irrinet M AC and accessories. 1 - 12ST I7rinet MAC F4860A IRRInet -M AC 12 DO and 4 DI, Without Radio (Qty.1) 1 3,182.50 3,182.50 Add AC 4112 I/O Expansion Kit (Qty.1) CDM750 Radio 403 -470 NM (Qty.1) CDM Radio Installation Kit for Moscad (Qty.1) 115V - 24V, 75 VA Transformer for TRRInet M (Qty.1) Power supply, switching, in:85- 264VAC, out:12VDC, 12.5A, 150W, power factor corn (Use existing power Supply) LMR400 20' Antenna cable w/ coon (LMR400) (Use Existing) Yagi Antenna 450- 47OUBF 7.1db (N Female) (Use Existing) Antenna Extension Pole (Use Existing) Thank you for your business. TOTAL p 1 I-A9.. $3,182.50 QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www.ag- tronix.com 3 �$d CONTEMPORARY CONTROLS & COMMUNICATTONS, TNC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 Name /Address CITY OF DELRAY BEACH 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons 24 station IRRlnet -M Old School Square Parking Garage IRRlnet -M A/C UHF 12 stations a/c expansion board EEPROM PROGRAMING/FLASHING 110 To 24V AC Transformer for AC Solenoids IRRINET PS CHARGER 115 VAC/14 VDC -8A APC 214 BATTERY 12 @ 5AH Battery Power Cable ACE DC CABLE FROM PS TO IRRlnet -M 406 -420 7.1 dB YAGI MYA4063 10'X 114" 18 GAUGE PREGA. SWAGGED AT ONE END. MLB -12 -AC SWITCHABLE OUTPUT PROTECTION TOTAL AMOUNT INSTALLATION IS NOT INCLUDED. 2/4/2013 TC, Proposal 7300 0.00 $3,348.67 Phone # 00.010 3 0.00 863 -675 -2372 0.00 holman863 @embargmail.com 0.00 1. Is 0.00 0,00 0.00 s 0.00 0.00 r i� 0.00 E� 3,348.67 3,348.67 $3,348.67 Phone # Fax # E -mail Web Site 863 -675 -2372 863 -675 -7140 holman863 @embargmail.com hitpJ /controls.embargspace.com AG"sTRONIX SRECIAIRING IN MOTOROLA IRRIGATION CONTROLSYSTEM9 1304 X 15th STREET IMMOKALEE, FL 34142 CUSTOMER NAME City of Delray Beach Parks & Rec. 100 NW 1st Ave. Delray Beach, Fl. 33444 QUOTATION11PROPOSAL DATE QUOTE NO. 2/13/2013 2687 11d QuoTE GooD FOR 60 DAYS. SonyaCag- tronix.com www.ag- tronix.com TERMS REP SHIP VIA PROJECT Net 30 SLC South Swinton ITEM DESCRIPTION QTY F'RICE TOTAL South Swinton I -12 station Irrinet MAC and accessories. 1- 12ST Irrinet M AC in an 18" Stainless Steel Cabinet F4860A IRRInet -M AC 12 DO and 4 DI, Without Radio (Qty.1) 1 6,018.00 6,018.00 CDM750 Radio 403 -470 MHZ (Qty.1) CDM Radio Installation Kit for Moscad (Qty.1) 115V - 24V, 75VA Transformer for IRRInet M (Qty.1) Power supply, switching, in:85- 264VAC, out:12VDC, 12.5A, 15 OW, power factor Corr (Qty.1) Surge Protector AC 4m /l2out (Qty.1) Leviton Surge Protection (Qty.1) GFI W /Switch and Cover Leviton (15Amp) (Qtya1) 1 Single Gang Box (Qty. 1) LMR400 20' Antenna cable w/ corn (LMR400) (Qty.1) Yagi Antenna 45047OUBF 7.1 db (IS Female) (Qty.1) Antenna Extension Pole (Qty.1) SS Enclosure 18W X 36H X 12D (Qty.1) SS Pedestals I 8 X 12H X l OD (Qty.1) Assembly & Sum In (Qty.1) Thank you for your business. �- -ro-rAL $6,018.00 QuoTE GooD FOR 60 DAYS. SonyaCag- tronix.com www.ag- tronix.com CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 LABELLE, FL 33935 Name/Address CITY OF DELRAY BEACH 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons 24 station IRRInet -M South Swinton Ave. IRRInet -M A/C UHF 12 stations CDM750 UHF RADIO 403- 470MHz 1 -25W CDM INSTALLATION KIT FOR MOSCAD EEPROM PROGRAMING /FLASHING 110 To 24V AC Transformer for AC Solenoids IRRINET PS CHARGER 115 VAC /14 VDC -8A APC 214 BATTERY 12 @ 5AH Battery Power Cable ACE DC CABLE FROM PS TO IRRInet -M 24" SS Enclosure 406 -420 7.1 dB YAGI MYA4063 1 1/4" X 6' Pre -Gal Mast PROTECTION MODULE (LEVITON) SURGE PROTECTION/NOISE FILTER MLB -I2 -AC SWITCHABLE OUTPUT PROTECTION Assembly of equipment TOTAL AMOUNT INSTALLATION IS NOT INCLUDED. 0 0 0 0 0 0 0 0 0 0 0 0 0 19 0 1 2/4/2013 RM Proposal 6,091.43 7299 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,091.43 $6,091.43 Phone # Fax # E -mail Web Site 863 -675 -2372 863 - 675 -7140 ho1man863(a)embargmA.com http : / /controls.embargspace.coin AGTRONIX QUQTATIONIPROPO$AL SPECIALIZING IN MOTOROLA IRRIGATION CONTROL SYSTEMS � F tti DATE- QUOTE NO. ........ ........ ......13.04 N. 15th. STREET... ....... ......... IMMOKALEE, FL 34142 CUSTOMER NAME City of Delray Beach Parks & Rec. 100 NW I st Ave. Delray Beach, Fl. 33444 TERMS REP 1/16/2013 2648 TERMS REP SHIP VIA PROJECT SLC Net 30 ITEM DESCRIPTION QTY PRICE TOTAL Cason Cottage 1 -12 station Irrinet M AC and accessories. 1 - 12ST hrinet M AC F4860A IRRTnet -NI AC 12 DO and 4 DI, Without Radio (Qty. 1) 1. 3,468.50 3,468.50 CDM750 Radio 403 -470 M14Z (Qty.l ) CDM Radio Installation Kit for Moscad (Qty. 1) 115V - 24V, 75VA Transformer for IRRInet M (Qty.l ) Power supply, switching, iw85- 264VAC, out: I2VDC, 12.53., 150W, power factor corr (Qty, 1) LMR400 20' Antenna cable wl conn (LMR400) (Qty. 1) Yagi Antenna 450- 4701JI-I 7.1 db (N Female) (Qty. 1) SS Pedestals 18W X 12H X 10D (Qty, 1) Thank you for your business. TOTAL $3,468.50 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www.ag- tronix.com CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 LABELLE. FL 33935 Name /Address CITY OF DELRAY BEACH 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons 12 station 1RRInet -M Cason Cottage IRRlnet -M A/C UHF 12 stations CDM750 UHF RADIO 403- 470MHz 1 -25W CDM INSTALLATION KIT FOR MOSCAD EEPROM PROGRAMING/FLASHING 110 To 24V AC Transformer for AC Solenoids IRRINET PS CHARGER 115 VAC/14 VDC -8A APC 214 BATTERY 12 @ 5AH Battery Power Cable ACE DC CABLE FROM PS TO IRRlnet -M 406- 420 7.1 dB YAGI MYA4063 10'X 1 114" 18 GAUGE PREGA. SWAGGED AT ONE END, MLB -I2 -AC SWITCHABLE OUTPUT PROTECTION TOTAL AMOUNT INSTALLATION IS NOT INCLUDED. T Proposal 2/4/2013 ; 7301 3,757,33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,757.33 $3,757.33 Phone # Fax # E -mail Web Site 863 -675 -2372 863- 675 -7140 holman863gembargmail.com http: / /controls.embargspace.com AGeTRONIX QUOTATIONIIPROPOSAL SPECIALIZING IN MOTOROLA IRRIGATION CONTROL SYSTEMS DATE QUOTE NO- .... ..... ....................... .............. ...13.0. N_- 1.51h.STUET ......... IMMOKALEE, FL 34142 CUSTOMER NAME City of Delray Beach Parks & Rec. 100 NW 1st Ave. Delray Beach, Fl. 33444 QUOTE GOOD FOR 60 DAYS. Sonya@ ag- tronix.com www_ag- tronix.com TERMS 1/16/2013 2650 QUOTE GOOD FOR 60 DAYS. Sonya@ ag- tronix.com www_ag- tronix.com TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL TCCCS ICC Computer System -New PC for Irrigation Control 1 3,769.50 3,769.50 System Note: creeds two serial ports Installation and configuration: Install ICC Software and copy project to new machine and test wl FTU (Qty. 1) IRRTnet -M DC 12 DO and 4 DI, vrithout radio (New FIU) (Qty- I) Use existing Radio, bracket, antenna, and cable. It's been a pleasure working with you! TOT A L $3,769.50 QUOTE GOOD FOR 60 DAYS. Sonya@ ag- tronix.com www_ag- tronix.com CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 LABELLE. FL 33935 Name/Address CITY OF DELRAY BEACH 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons ICC CENTRAL COMPUTER: to include - -Internal 56k modem,winXP,remote desk top,Micrsoft office, External 56k modems (USB), Printer, Keyboard, Mouse, and 20 +" Monitor. setup and tied into the FIU. Motorola's ICC V14.xxx installed, and the City of Delray's project of ICC copied and installed. No online support. 2/6/2013 Proposal 7,099.56 7312 7,099.56 $7,099.56 Phone # Fax # E -mail Web Site 863 - 675 -2372 863 -675 -7140 holman863 @embarymail.com http : / /controls.eimbargspace.com MEMORANDUM TO: Mayor and City Commissioners FROM: Guy Buzzelli, Chief Information Officer THROUGH: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM 8.L6 - REGULAR COMMISSION MEETING OF MARCH 5, 2013 PURCHASE AWARD /CDW GOVERNMENT ITEM BEFORE COMMISSION This item is brought before Commission to authorize the purchase of network switchesfrom CDW Government in the amount of $78,806.56 to replace oldnetwork switches, which are at the end of their life and inadequate to support existing and future bandwidth needs for all City network functions. BACKGROUND This is a very critical project that needs to be done to provide a required increase in bandwidth to support all City network functions. Thenetwork switches support the bandwidth for all user connections, disaster recovery, backups, servers, and SAN environments. Quotes obtained: -CDW Government: $78,806.56 - PCM -G: $94,752.00 -ADCAP Network Systems: $102,108.00 Staff requests that the Commission authorize the purchase of network switchesfrom CDW Government in the amount of $78,806.56. FUNDING SOURCE 334 -6111 -519 -62.45 RECOMMENDATION Authorize the purchase of network switches from CDW Government in the amount of $78,806.56. CDWG,corn E 800.994,4239 ri Customer Phone #561.243.7144 Customer P.O. # 4500X13750 QUOTE 4 4 4 4 8 4 1 1 4 4 MIKE ZORICA 866.339.3535 FEDEX Ground SHIP TO: BILL TO: CITY OF DELRAY BEACH CITY OF DELRAY BEACH Attention To: JENNIFER REYNOLDS 100 NW 1STAVE 100 NW iSTAVE Accounts Payable DELRAY BEACH, FL 33444 -2698 DELRAY BEACH, FL 33444 -2612 Contact: JENNIFER Mfg #: C4KX- PWR- 750AC -R REYNOLDS 561.243.7192 Customer Phone #561.243.7144 Customer P.O. # 4500X13750 QUOTE 4 4 4 4 8 4 1 1 4 4 MIKE ZORICA 866.339.3535 FEDEX Ground 9 :DESCRIPTION 2672325 CISCO DIRECT WS- C450OX- 32SFP+ 52,080.00 Mfg #: WS- C450OX- 32SFP+ 3,720.00 Contract: CDW-G Quote 2807293 CISCO DIRECT C4KX- PWR- 750AC -R 14,880.00 Mfg #: C4KX- PWR- 750AC -R 810.96 Contract: CDW -G Quote 2672330 CISCO DIRECT C4KX- PWR- 750AC -R12 2,353.20 Mfg #: C4KX- PWR- 750AC -R12 0.00 Contract: CDW -G Quote 2687045 CISCO DIRECT C450OX -IP -ES Mfg #: C450OX -IP -ES Contract: CDW -G Quote 1977042 CISCO DIRECT SFP -H10GB -CU3M Mfg #: SFP -H10GB -CU3M Contract: CDW -G Quote 2709950 CISCO SMARTNET 8X5XNBD Mfg #: CON - SNT- C45X32SF Contract: CDW -G Quote NEW-ITE M NEW ITEM Mfg #: NEW -ITEM Contract: MARKET Cisco Part # WS- 03750X- 24T -S -RF Ciso Refurbished 30 day lead time 2790597 CISCO SMARTNET 8X5XNBiD Mfg #: CON- SNT- 37SOX2TS Contract: CDW -G Quote NEW-ITE M NEW ITEM Mfg #: NEW -ITEM Contract: MARKET Cisco Part # 03KX- PWR- 350WAG -RF Cisco Refurbished 5 -7 day lead time NEW-ITE M NEW ITEM Mfg #: NEW -ITEM Contract: MARKET Cisco Part # C3KX -N M -1 G -RF Cisco Refurbished 5 -7 day lead time OE4008PS SALES QUOTATION g�M�s r wn is TRYTr z J103954 I 0600258 ( 2/21/2013 Request Terms .--.----SPECIAL INSTRUCTIONS--—- Florida Cisco State Contract 250 - 000.09 -1 SUBTOTAL FREIGHT TAX 181.00 1 724.00 78,806.56 0.00 0 .00 858012621559C4 � r 13,020.00 52,080.00 930.00 3,720.00 930.00 3,720.00 3,720.00 14,880.00 101.37 810.96 0.00 0.00 2,353.20 2,353.20 0.00 0.00 129.60 518.40 181.00 1 724.00 78,806.56 0.00 0 .00 CDW Government 230 North Milwaukee Ave. Vernon Hills, IL 60061 Fax: 312.705.8218 This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at hftp://www.cdw.Gom/content/terms-conditions/product-sales.asp For more information, contact a CDW account manager. Please remit payment to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675 -1515 �o N � N� C X 7 a� c C7 o _ U o °0 C7 °o _ o M � N C d CO a m �A ao N a O V CL �a � c Lj od vUS Liu f [0 s v µ� W T l�0 d O � � N r p N N �-� p N U U3 r v � a ro D v 1* w M Qm LU m J LL aw a� 7 J d Q ao m w r p U1 w LL. z i- Doa� y O Z N m V O W r' Q°GW Y U E •� U Q d' r V E W U_ 10 0 O > A` N C9 m 2- c m O LL E � W W i� CD 0i C3 9 1 C3 =Y` p o o # °o °o CD ra; o ra v to o , -cc o o e v cs> o_0 v Ni N toe co }A m C] N N N N Cr1 e0„ I� 1C1' M �L) !� GD mil' t film! two X oil IT 1p Is s 4AQ WWI P ,. Hi 4fl fH if} 64 s E9, f3 �1f1. ' Eil EfJ" Y gay ago IS ER ER EH � f� x m O F O O 7 � C!J � CL Q U) 0 O J 0 =a H z zW O � Q W C) z O ZW, w 0 Z D LY- 0 U) IL d O U O CL Q V � 0 r as = E C d � a LU iw z � a� o Q w � O LLl a -o c E ar O 4j w E & O U W ^ = cc EEC" m $m 0.2 c Z U Co 5 w M cc °I 0 a;Za� {�Nw O U a W .. o F !g C7 Ocq oCi co O yov w �LLa a� 0:5mw A u 00 CT 9EED 6 m m is a IG C a O U i� J U IL Adcap Network Systems, Inc. 10400 Old Alabama Rd Connector, Alpharetta, GA 30022 Contact: Cliff Deaner Phone: (786) 364 -4287 Email: cdeaner @adcapnet.com Fax; (786) 523 -7922 Technical: Rlccarde Germano Phone: (786) 3644298 Email: rgermana@adcapnet.00m Quote: 20130226_ DELRAY_CATALYSTS_vi Date: 2.26, 2013 To: City of Delray Beach Attn: Jennifer Reynolds Description: Cisco Catalyst Switches Florida State Contract #250- 000-09-1 ADCA P NETWORKSYSTEMS Product $ 102,108.00 services $ Service Contract $ UCSS $ Maintenance $ - Discount $ - Subscriptions 5 - Shipping $ - Total $ 102108,00 Terms and Conditions: 1. Upon acceptance of the Agreement by both parties, Adcap agrees that the attached quotation prices In Appendix F are binding and represent a faxed fee for which all quoted services will be performed. Tax Is not Included in the price unless spetlftcally listed. 2. Service maintenance window valid for 30 days per site after purchased equipment is put into product €on. 3: For purchases less than $25,000 the total amount due will be invoiced upon equipment delivery and /or project completion. 4. For purchases In excess of $25,000 the fallowing terms apply. a. Invorce A: The total balance of equipment a nd manufacturer's support will be billed on delivery to a customer controlled location. b. Invoice B: The total ba la nce of project based services will be billed upon project close out. S. Customers who have yet to establish trade credit (new customers) are required to pay 50% of the service and product total before any order over $2,500 is processed. Once trade credit has been established the billing and creditterms outlined above will apply. 6. Purchase terms are net 30 on invoices after the initial invoice of 50% (which is due immediately) as outlined ahove. 7. Invoices not paid within 30 days from invoice date subject to 1.5% interest charge accrued monthly. 8. Invoices or purchases paid by credit card In excess of $25,000 are subject to an additional 3% transaction fee. 9. If the purchase is financed, the financing agreement shall include progress payments in accordance with payment terms In section 4 at a minimum. 10. A Master Service Agreement (MSA) is required to perform services; acceptance of this agreement indicates acceptance of the Adcap Network Systems MSA if no other mutually agreed upon MSA Ts in effect. 11. Adcap agrees to pay all of its awn travel and other expenses incurred in connection with its performance under this Agreement and agrees that It shall not be entitled to reimbursement from Customer for such expenses unless explicitly agreed upon. 12. Adcap will require a restocking fee of 8% on all returned items. Eligible Items will only be considered for return within 30 days of purchase. Quate:20130226_DELRAY_CATALYSTS vi Confidential 2/26/2013 Page 1/ 2 1.- -. Hardware. -. 450OX Switch 1 Cisco WS- C450OX- 32SFP+ Catalyst 4500 -X 32 Pan 10G IP Base Front -to -Back No PIS 4 $16,800.00 $67,200.00 2 Cisco C4KX -NM -BLANK Catalyst 45DOX Network Module Blank 4 $0.00 $0.00 3 Cisco C4KX- PWR- 750AC -R Catalyst 45DOX 75OW AC front to back cooling, power supply 4 $1,200.00 $4,800.00 4 Cisco C4KX- PWR- 750AC -R /2 Catalyst 45DOX 750W Affront to back cooling 2nd PWR supply 4 $1,200.00 $4,80400 5 Icisco CAB- US515- C15 -US NEMA 5 -15 to IEC- C1581t US 8 $0.00 $0.00 6 Cisco S45XU- 33- 15115G CAT45CD -X Universal Image 4 $0.00 $0.00 7 Cisco C4500X-IP-ES IF Base to Ent. Services license for 32 Port Catalyst 4500 -X 4 $4,800.00 $19,200.00 8 Cisco SFP- HiOGB -CU3M 10GBASE -CU SFP+ Cable 3 Meter 8 $126.00 $1,008.00 Subtotal $97,009.00 Manufacturer Product Support Services -1 ears ofsupport 9 Cisco CON - SNT- C45X32SF SMARTNET 8X5XNBD Catalyst 45DD -X 32 Port 10G IP Base Fro 4 $0.00 $0.00 Subtotal $0.00 3750X Switch 10 Cisco WS- C375OX -24T -5 Catalyst 37SOX 24 Port Data IP Base 1 $3,900.00 $3,900.00 it Cisco C3KX- PWR- 350WAC Catalyst 3K- X 35DW AC Power Supply 4 $0.00 $0.00 12 Cisco CAB- STACK -50CM Cisco StackWise SOCM Stacking Cable 1 $0.00 $0.00 13 Cisco CAB- SPWR -30CM Catalyst 37SOX Stack Power Cable 30 CM 1 $0.00 $0.00 14 Cisco CAB- 3KX -AC AG Power Cord for Catalyst 3K -X jNorth America 1 $0.00 $0.00 15 Cisco C3KX °NM-1G catalyst 3K -X 1G Network Module option PID 4 $300.00 $1,20000 16 Cisco 5375XVK9T- 12255SE CAT 37SOX IOS UNIVERSAL WITH WEB BASE DEV MGR 1 $0.00 $0.00 Subtotal $5,100.00 Manufacturer Product SU ortservices -1 years ofsupport 17 Cisco CON- SNT- 3750X2TS SMARTNET SXSXN BD Catalyst 37SOX 24 Port Data In Base 1 $0.00 50.0 Subtotal $0.00 Product $ 102,108.00 services $ Service Contract $ UCSS $ Maintenance $ - Discount $ - Subscriptions 5 - Shipping $ - Total $ 102108,00 Terms and Conditions: 1. Upon acceptance of the Agreement by both parties, Adcap agrees that the attached quotation prices In Appendix F are binding and represent a faxed fee for which all quoted services will be performed. Tax Is not Included in the price unless spetlftcally listed. 2. Service maintenance window valid for 30 days per site after purchased equipment is put into product €on. 3: For purchases less than $25,000 the total amount due will be invoiced upon equipment delivery and /or project completion. 4. For purchases In excess of $25,000 the fallowing terms apply. a. Invorce A: The total balance of equipment a nd manufacturer's support will be billed on delivery to a customer controlled location. b. Invoice B: The total ba la nce of project based services will be billed upon project close out. S. Customers who have yet to establish trade credit (new customers) are required to pay 50% of the service and product total before any order over $2,500 is processed. Once trade credit has been established the billing and creditterms outlined above will apply. 6. Purchase terms are net 30 on invoices after the initial invoice of 50% (which is due immediately) as outlined ahove. 7. Invoices not paid within 30 days from invoice date subject to 1.5% interest charge accrued monthly. 8. Invoices or purchases paid by credit card In excess of $25,000 are subject to an additional 3% transaction fee. 9. If the purchase is financed, the financing agreement shall include progress payments in accordance with payment terms In section 4 at a minimum. 10. A Master Service Agreement (MSA) is required to perform services; acceptance of this agreement indicates acceptance of the Adcap Network Systems MSA if no other mutually agreed upon MSA Ts in effect. 11. Adcap agrees to pay all of its awn travel and other expenses incurred in connection with its performance under this Agreement and agrees that It shall not be entitled to reimbursement from Customer for such expenses unless explicitly agreed upon. 12. Adcap will require a restocking fee of 8% on all returned items. Eligible Items will only be considered for return within 30 days of purchase. Quate:20130226_DELRAY_CATALYSTS vi Confidential 2/26/2013 Page 1/ 2 Adcap Network Systems, Inc. 10400 Old Alabama Rd Connector, Alpharetta, GA 30022 Contact: Cliff Deaner Phone: (786) 364 -4287 Email: cdeaner @adcapnet.com Fax: (786) 523 -7922 Technical: Riccardo Germano Phone: (786) 364 -4298 Email: rgermano @adcapnet.com Quote: 20130226_ DELRAY_CATALYSTS _ v1 Date: 2.26.2013 To: City of Delray Beach Attn: Jennifer Reynolds ADCAP NETWORK SYSTEMS 0 Description: Cisco Catalyst Switches Florida State Contract #250- r Printed Name: Title: Date: Quote:20130226_DELRAY CATALYSTS_v1 Confldential 2/26/2013 Page 2 / 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: February 25, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 WAIVER REQUEST / 45TH ANNUAL ST. PATRICK'S DAY PARADE ITEM BEFORE COMMISSION Commission is requested to consider approval of a waiver to LDR's Section 4.6.7(F)(3)(f) to allow banners to exceed 20 square feet of similar size that has been allowed in the past on March 15 & 16, 2013 on the perimeter fencing on the south side of the museum on the grounds of the Delray Beach Center for the Arts for the St. Patrick's Day Party and Parade. BACKGROUND Attached is a letter received from Nancy Stewart- Franczak requesting a waiver to LDR's Section 4.6.7 (F)(3)(f) to allow site perimeter sponsor banners that exceed the maximum square foot allowance for St. Patrick's Day events. Historically, sponsor banners have been allowed on the perimeter fencing that exceed the square foot requirements for this event, as well as others, but we have not obtained an official waiver to the LDR's. Ms. Butler and I have recently met with some of our larger event producers to discuss their needs and industry standards as it relates to not only sponsor banners, but event announcement banners and electronic type promotional signs for possible LDR changes. Ms. Butler anticipates having these ready for review in late spring. The event producers indicated that generally sponsor banners are 3' x 8', but some are larger, especially those provided by national companies who provide the same banners event to event. RECOMMENDATION Staff recommends approval of the waiver to allow banners that exceed 20 square feet of similar size that has been allowed in the past as requested by Ms. Stewart- Franczak for the St. Patrick's Day events on March 15 & 16, 2013. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST REGARDING AN INCREASE IN SIZE OF TEMPORARY SPECIAL EVENT NON - ROADWAY BANNERS FOR THE ST. PATRICK'S DAY PARTY AND PARADE 1. This waiver request to allow an increase in size of temporary, special event non - roadway banners to exceed 20 sq. ft. in area came before the City Commission on March 5, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow special event non - roadway banners to exceed 20 sq. ft. in area. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver Request: A waiver to LDR Section 4.6.7(F)(3)(f)(4), to allow an increase in size of temporary special event non - roadway banners from the twenty (20) square foot area size maximum provided in the LDRs to approximately twenty -four (24) square foot area size. Does the waiver request to increase the special event non - roadway banner size meet all the requirements of 2.4.7(B)(5)? 1' - ► C7 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4) subject to the condition that each sign must provide the name, time, date, and location of the event. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of March, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr., Mayor February 13, 2013 Mr. Robert Barcinski City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 RE: Banner - Signage Waiver Dear Bob, Delray Beach Art's 45th Annual Delray Beach St. Patrick's Day Parade, is requesting a waiver for display /hanging of sponsor banners and signage on public property (Perimeter Fencing) on the grounds of Delray Beach Center for the Arts grounds) on March 1511, and March 161h. The majority of all banners provided by sponsors are at least 3 ft x 8 ft which exceeds the code limit of 20 square feet. We will also place "Sponsor of 2013 St. Pat's Parade" on each banner as was requested for Garlic Fest. Thank you in advance for consideration of this request. Should you have any questions, please contact me at 279 -0907. Thank you for your consideration. Sincerely, Nancy Stewart- Franczak Executive Director Delray Beach Garlic Fest r r s � DELRAY BEACH ARTS, INC. Delray Beach Arts, Inc. 64 -B SE 5th Avenue Delray Beach Florida 33483 Sponsor Info: Tel: (561) 279 -0907 Vendors & General Info: Tel: (561) 279- 0907 Fax: (561) 278 -0555 www.dbgarlicfest.com MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: February 25, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 WAIVER REQUEST / 51ST ANNUAL DELRAY AFFAIR ITEM BEFORE COMMISSION Commission is requested to consider approval of a waiver to LDR's Section 4.6.7(F)(3)(f) to allow banners to exceed 20 square feet of similar size that has been allowed in the past on April 5 - 7, 2013 within the site of the Delray Affair. BACKGROUND Attached is a letter received from Nancy Stewart- Franczak requesting a waiver to LDR's Section 4.6.7 (F)(3)(f) to allow site sponsor banners that exceed the maximum square foot allowance for the Delray Affair. Historically, sponsor banners have been allowed within the Delray Affair site, that exceed the square foot requirements for this event, as well as others, but we have not obtained an official waiver to the LDR's. Ms. Butler and I have recently met with some of our larger event producers to discuss their needs and industry standards as it relates to not only sponsor banners, but event announcement banners and electronic type promotional signs for possible LDR changes. Ms. Butler anticipates having these ready for review in late spring. The event producers indicated that generally sponsor banners are 3' x 8', but some are larger, especially those provided by national companies who provide the same banners event to event. RECOMMENDATION Staff recommends approval of the waiver to allow banners that exceed 20 square feet of similar size that has been allowed in the past as requested by Ms. Stewart- Franczak for the Delray Affair on April 5 — 7, 2013. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST REGARDING AN INCREASE IN SIZE OF TEMPORARY SPECIAL EVENT NON - ROADWAY BANNERS FOR THE DELRAY AFFAIR 1. This waiver request to allow an increase in size of temporary, special event non - roadway banners to exceed 20 sq. ft. in area came before the City Commission on March 5, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow special event non - roadway banners to exceed 20 sq. ft. in area. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver Request: A waiver to LDR Section 4.6.7(F)(3)(f)(4), to allow an increase in size of temporary special event non - roadway banners from the twenty (20) square foot area size maximum provided in the LDRs to approximately twenty -four (24) square foot area size. Does the waiver request to increase the special event non - roadway banner size meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4) subject to the condition that each sign must provide the name, time, date, and location of the event. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of March, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr., Mayor February 13, 2013 Mr. Robert Barcinski City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 RE: Banner - Signage Waiver Dear Bob, Greater Delray Beach Chamber of Commerce The Greater Delray Beach Chamber of Commerce's 51st Annual Delray Affair, is requesting a waiver for display /hanging of sponsor banners and signage on public property (Perimeter Fencing) on the grounds of Delray Beach Center for the Arts grounds) AND along Atlantic Avenue (footprint of event) April 5 - 7, 2013. The majority of all banners provided by sponsors are at least 3 ft x 8 ft which exceeds the code limit of 20 square feet. We will also place "Sponsor of 2013 Delray Affair" on each banner as was requested for Garlic Fest. Thank you in advance for consideration of this request. Should you have any questions, please contact me at 279 -0907. Thank you for your consideration. Sincerely, Nancy Stewart- Franczak Executive Director Delray Beach Garlic Fest Greater Delray Beach Chamber of Commerce 64 -A SE 5th Avenue Delray Beach Florida 33483 Sponsor Info: Tel: (561) 279 -0907 Vendors & General Info: Tel: (561) 279 -0907 Fax: (561) 278 -0555 www.deirayaffair.com MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 DISCUSSION OF VALET PARKING RECOMMENDATIONS ITEM BEFORE COMMISSION The item before the City Commission is that of approving modifications to the S.E. 2nd Avenue valet queue in an attempt to mitigate traffic congestion in the area. BACKGROUND The S.E. 2nd Avenue valet queue, established in September, 2001 for the Sopra Restaurant is currently licensed to Prime Steakhouse, located at 110 East Atlantic Avenue. Over the years, the queue has operated relatively problem free as surrounding valet queues on the first and third blocks of East Atlantic Avenue, with nine and six space queues respectively, accommodated the bulk of traffic entering the area. The S.E. 2nd Avenue queue, with its two spaces, was able to accommodate its volume of traffic as it was mainly patronized by Prime Steakhouse customers. With the recent opening of Salt 7, Park Tavern and Racks restaurants, (12,000 +/- Sq. Ft) all in immediate proximity of the queue, the dedicated two -space queue is insufficient to accommodate traffic demand. Observations at the queue, as early as 5:30 PM, revealed queue traffic backing up as vehicles arrived faster than customers alighted their vehicles allowing the valet to move them. At the March 6, 2012 City Commission meeting, a request from the licensee to expand the valet queue by adding two additional spaces to the south and creating a "customer pick -up" area by designating two spaces on the east side of the road was denied. City staff discussed options for addressing this valet queue. Staff offers the following recommendations: 1. Shift the valet queue south to the second and third pair of spaces; 2. Remove the second intermittent landscape node to construct a 5 -space row (cost of removal and funding recommendation to be provided) 3. During the utmost peak in demand, possibly allow additional stacking using the "loading zone" until traffic clears for valets to relocate vehicles to their respective parking areas. The benefits of this proposal are: • Moving the valet queue further from the Atlantic Avenue intersection • Adding an additional parking space for daytime use by the public • Increased valet fee income Staff was concerned that the east side customer pick -up would interfere with Racks patrons and patrons crossing the street to access the east pick -up area was another concern. Staff did not recommend adding this customer pick -up on the east side. Additionally, staff felt it prudent to monitor the new queue configuration prior to requiring an off -duty officer, which is another option for addressing the traffic congestion in this area. REVIEW BY OTHERS The Parking Management Advisory Board, at its February 26, 2013 meeting, recommended approval of the expansion of the queue on the west side of the road, creation of the two -space customer pick -up to the east and use of the off -duty officer. RECOMMENDATION By motion, approve the proposed modifications to the S.E. 2nd Avenue valet queue by shifting the queue south by two (2) spaces, adding two (2) spaces to the west side in addition to removing a landscape node, which provides five (5) consecutive spaces. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: February 27, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 PROPOSAL FOR SETTLEMENT IN DENISE RYDZEWSKI V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Proposal for Settlement filed by Plaintiff, Denise Rydzewski. BACKGROUND This is an offer by the Plaintiff to settle a case pending against the City. The case involves a complaint wherein Plaintiff alleges she injured her right knee and her neck, incurred medical expenses in the treatment of the injuries, and lost wages as a result of a slip and fall incident on July 31, 2008 on the sidewalk along Germantown Road east of the former Office Depot headquarters where Plaintiff alleges there was broken pavement that caused her fall. Plaintiff has made a proposal for settlement in the amount of $30,000.00. RECOMMENDATION The City Attorney's Office recommends denial at this time. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Neghborhood Advisory Council. BACKGROUND There is a vacancy on the Neighborhood Advisory Council for Zone 2 due to Mr. Stephen Lampel being appointed to Zone 1. The term is unexpired ending July 31, 2014. Appointment is needed for one (1) regular member. The Neighborhood Advisory Council was established for the purpose of maintaining broad -based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individual has submitted an application for consideration: Shirl Fields A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and she is registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending July 31, 2014. 02/13 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31/13 Zone 1 Susan Sims Unexp Appt 11/16/10 07/31/14 Zone Appt09 /06/11 Vacant 07/31/13 Zone 3 Linda Laurence Leib Unexp Appt 10/17/06 Reappt10 /16/07 Reappt 10/19/10 07/31/13 Zone 4 Suzanne Donohue Appt10 /19/10 07/31/14 Zone 5 Gail -Lee McDermott, Chairperson Unexp 03/03/08 Reappt10 /07/08 Reappt 07/19/11 07/31/14 Zone 6 Linda Prior, Vice Chair Unexp Appt 02/20/07 Reappt10 /07/08 Reappt 07/19/11 07/31/14 Zone 1 Stephen Lampel Unexp Appt 02/19/13 07/31/14 Zone 2 Colson Zulmar Unexp Appt 04/03/12 07/31/15 Zone 3 Wendy Smith Appt 06/19/12 unexp + 2 yrs 07/31/15 Zone 4 Bonnie Altenhein Unexp Appt 02/19/13 07/31/15 Zone 5 Dorothy Payne Appt 06/19/12 unexp + 2 yrs 07/31/15 Zone 6 Adam Reback Unexp Appt 06/05/12 07/31/14 At Large Nancy Richards Unexp Appt 02/19/13 Representative 07/31/14 At Large Patricia Westall Unexp Appt 09/04/12 Representative 07/31/15 At Large Pearl Markfield Elrod Appt 07/05/12 Representative 07/31/13 Nathaniel Ellis Unexp Appt 10/16/12 Student 07/31/13 Elisha Porter Unexp Appt 10/16/12 Student Board 13/Neighborhood Advisory Council CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council Appointment - -- - - - -ARFiI MAMBER Cf1Y OF DELRAY BEACK Fi PIAM AVG a ZOMNG DCPARTA* NT AMRCN 2000 I ONE PARE ������������ CrtYLIMfO ����•��•�� •LYClFALBASEANASYSTFAA- GRAPMC SCALE 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 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 There is one (1) vacancy on the Police Advisory Board due to Ms. DeAnna Longo being appointed to the Code Enforcement Board. The term is unexpired ending July 31, 2013. Per Ordinance No. 15 -12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months. 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. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: Jack Chadam Resident Margherita Downey Resident /Business Owner Joseph Ingram Resident Ellen Major -Hanna Resident Francis Marincola Resident /Business Owner A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Morrison (Seat #1) for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. POLICE ADVISORY BOARD 01/13 TERM EXPIRES NAME & ADDRESS 07/31/13 Vacant Unexp Appt 07/31/14 Wyana Claxton Unexp Appt08 /16/11 Reappt07 /17/12 07/31/14 Samuel Menard Appt08 /07/12 07/31/14 Robert Shell, Vice Chair Unexp Appt08 /02/11 Reappt07 /17/12 07/31/13 Matthew Monahan Unexp Appt04 /20/10 Reappt06 /21/11 07/31/13 Annette Annechild Unexp Appt11/01/11 07/31/14 Shelly Well Appt07/17/12 07/31/14 Aird Cajuste Appt07/17/12 07/31/14 Edith Thompson Appt07 /20/10 Reappt07 /17/12 07/31/13 Catherine DeMatto Appt06 /21/11 07/31/13 Marc Muscarella Unexp Appt10 /16/12 07/31/13 Ryan Longo Unexp Appt07/31/13 (Student) 07/31/14 Paola Pineros Unexp Appt12/04/12 Student S/ City Clerk /Board 13 /Police Advisory Board MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND There is a vacancy on the Financial Review Board for one (1) regular member due to Ms. Christina Morrison being appointed to City Commission. The term is unexpired ending July 31, 2013. Per Ordinance No. 15 -12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months. Appointment is needed for one (1) regular member. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55 -09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58 -09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. 05 -11 provided further amendments to clarify that the Board's duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner /manager /officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following 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 they are registered. Based on the rotation system, the appointment will be made by Mayor Carney (Seat #5) for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. FINANCIAL REVIEW BOARD 01/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/14 Brian Anderson Director of Unexp Appt 03/20/12 Communications reappt 07/05/12 07/31/14 RosaTorres- Tumazos 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 Operations /Retired Reappt06 /21/11 P.E. MBA 07/31/14 Brian Wood Unexp Appt 01/17/12 Director /Senior Reappt07 /17/12 Manager-Finance 07/31/15 Vacant Unexp Appt + 2 yr term 07/31/13 Jeremy Office Unexp Appt 07/17/12 Financial Manager 07/31/14 Luise Plane Executive Appt 07/20/10 Management Reappt07 /17/12 ALTERNATES 07/31/13 Warren Trilling Business Unexp Appt 01/03/12 Development Manager CPA 07/31/13 Selma Snow Retired /Fiscal Unexp Appt 08/07/12 Officer S/ City Clerk /Board 13/ Financial Review Board FINANCIAL REVIEW BOARD EXHIBIT A Joe Farkas Banking/President /C.E.O. Jeff Ritter Consulting Mark Spennacchio Finance Director — Retired/MBA Alan Weitz Banking MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 1, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 ORDINANCE NO. 01-13 ITEM BEFORE COMMISSION This ordinance is before Commission for re- approval due to an advertising error. The item was originally approved by Commission as a public hearing on February 5, 2013 and it had been advertised at that time according to Florida Statutes. However, although the ordinance number was correct, the advertised caption was not correct. Therefore, it has been readvertised with the corrected caption thus prompting the need for re- approval by Commission. BACKGROUND At the second reading on February 5, 2013, the Commission passed Ordinance No. 01 -13. RECOMMENDATION Recommend re- approval of Ordinance No. 01 -13. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 10, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 ORDINANCE NO. 01-13 ITEM BEFORE COMMISSION Adoption of Ordinance 01 -13 regarding a proposed change to the Charter to change the procedural voting requirement listed in the Charter that requires a roll call vote and an affirmative vote and to provide that voting shall take place in accordance with the rules adopted by the Commission. BACKGROUND Currently the Charter provides that the all votes takes by the Commission shall be by roll call and must be made in the affirmative. This proposed Ordinance would remove that language from the Charter and provide that the voting procedure for the Commission shall be set forth in the rules of the Commission. The proposed Ordinance would also change the Charter requirement for three "affirmative" votes to three "concurring" votes. This does not change the Charter requirement that you must have a minimum of three votes to take action on an item. This Charter amendment would be placed on the ballot for the March 2013 election and would be effective upon passage at referendum. RECOMMENDATION Commission discretion. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6398 &MeetingID =399 1/30/2013 ORDINANCE NO. 01 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE BUT THERE STILL MUST BE THREE CONCURRING VOTES ON AN ITEM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL, REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may by ordinance submit a proposed amendment to the Charter to the electors of the municipality; and WHEREAS, currently the Charter requires that all votes be by roll call and upon the affirmative vote of three Commissioners. WHEREAS, the City Commission deems it advisable to amend the Charter to allow the Rules of Procedure as adopted by the Commission to set forth the voting procedure for the City Commission and to provide that the votes are not required to be made in the affirmative but there still must be three concurring votes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 3.12, "Procedure ", of the Charter of the City of Delray Beach shall be amended to read as follows: Section 3.12. PROCEDURE. (A) Meetings. The Commission shall meet regularly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call of the Mayor or of a majority of the Commission. Whenever practicable, there shall be at least twelve (12) hours notice of a special meeting to individual members of the Commission and to the public. 1 ORD. NO. 01 -13 (B) Rules. The Commission shall determine its own rules and order of business. (C) Voting. Voting on ordinances, resolutions, and motions shall be as set forth in the rules of the Commission by re)11 effil and shall be recorded in the minutes, three (3) members of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. No action of the Commission, except as otherwise provided in the preceding sentence or in Sections 3.07 and 3.08 of this Charter, shall be valid and binding unless adopted by the .cam concurring vote of three (3) Commissioners. Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT- VOTING PROCEDURE CHANGE CURRENTLY THE CHARTER PROVIDES THAT VOTES BY THE COMMISSION SHALL BE BY ROLL CALL AND MUST BE MADE IN THE AFFIRMATIVE. THE CHARTER AMENDMENT PROPOSES TO ALLOW THE RULES ADOPTED BY THE COMMISSION TO SET FORTH THE VOTING PROCEDURAL, REQUIREMENTS AND REMOVES THE PROCEDURAL, REQUIREMENT THAT VOTES MUST BE MADE IN THE AFFIRMATIVE, BUT THERE STILL MUST BE THREE CONCURRING VOTES ON ANY ACTION. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. 2 ORD. NO. 01 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. MAYOR ATTEST: City Clerk First Reading Second Reading 3 r DIMMI KaeF9 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM ILB - REGULAR COMMISSION MEETING OF MARCH 5, 2013 ORDINANCE NO. 05 -13 (SECOND READING/ SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearingto consider approval of a privately initiated amendment to the Land Development Regulations (LDR) Section 4.3.4(J)(4), "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for the Delray Medical Center, located at 5352 Linton Boulevard. BACKGROUND At the first reading on February 19, 2013, the Commission passed Ordinance No. 05 -13. RECOMMENDATION Recommend approval of Ordinance No. 05 -13 on second and final reading. ORDINANCE NO. 05 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.40), "HEIGHT ", SUBSECTION (4), "INCREASES TO HEIGHT REGULATIONS ", SUBSECTION (b), "ALLOWANCES ", TO ALLOW AN INCREASE IN BUILDING HEIGHT TO BE CONSIDERED FOR DELRAY MEDICAL CENTER; 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 January 29, 2013, and voted 6 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 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 4.3.40), "Height ", Subsection (4), "Increases to Height Regulations ", Sub - Subsection (b), "Allowances ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (4) Increases to Height Regulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R -1) Districts Rural Residential (RR) Agriculture (Ag) Mobile Home (MH) Low Density Residential (RL) Planned Residential Development (PRD) Neighborhood Commercial (NC) Conservation District (CD) Medium Density Residential (RM) Residential Office (RO) Professional and Office District (POD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below- . as applicable: (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west of I- 95. (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village "; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of I -95. (3) Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and I -95. (4) Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one -way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right -of -way, extending from I- 95 to Dixie Highway. 2 ORD NO. 05 -13 (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (11) Area "K" — the property within the project known as Delray Medical Center (DelraT�pitaD, located on the south side of Linton Boulevard approximatel�: 1,240 feet west of Military Trail, and as annexed into the City of Delrav Beach via Ordinance 33 -05. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD NO. 05 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 2 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: DOUGLAS E. SMITH, INTERIM CITY MANAGER DATE: February 13, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 ORDINANCE NO. 05-13 (FIRST READING/ FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Approval of a privately- initiated amendment to the Land Development Regulations (LDRs) that will add the Delray Medical Center campus to the list of areas eligible to request an increase in the maximum allowable height (up to 60'). BACKGROUND The applicant has petitioned the City to amend the Land Development Regulations to add the Delray Medical Center campus to the list of properties eligible to request an increase in the maximum allowable height. The property is zoned CF- Community Facilities which has a maximum permitted height of 48 feet. The proposed amendment would allow a maximum height to 60 feet as a conditional use. The Delray Medical Center has also concurrently submitted the conditional use request associated with the text amendment, along with a Class IV site plan modification which will add a 4- story, 129,188 sq. ft. bed tower and a 5- level, 343 space parking structure, and expansion of the energy plant. The bed tower addition will add 140 private patient rooms to transition from semi - private to private rooms. It should be noted that the expansion will not actually add beds; rather, it will result in the conversion of the existing 280 beds from semi - private to private rooms. The conversion is prompted by new industry code and guideline requirements related to an enhanced level of patient privacy for patient care. Delray Medical Center offered two primary reasons why the amendment is necessary. First, they note that the property is landlocked with no opportunity to acquire adjacent land to allow expansion that would allow compliance with the LDRs. Secondly, they explain that due to building code ventilation and structural requirements, hospitals are built with a significantly greater floor -to -floor ratio. The space between floors generally measure from 6 to 8 feet to allow for easy access for repair, alteration, and /or renovation, and generally contain the necessary infrastructure to serve patient rooms, and other services provided by the hospital, such as telecommunications, heating, ventilation, oxygen, and other http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6501 &MeetingID =402 2/27/2013 Coversheet mechanical provisions necessary for the use. The includes mechanical systems that are larger than in of air required to meet the pressurization and fres h results with the per story height for hospitals gre medical office buildings. Page 2 of 2 applicant further notes that medical construction typical commercial construction due to the volume air requirements. The unique construction design ater than other buildings, such as professional or REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their January 29, 2013 meeting and a unanimous recommendation of approval was made. RECOMMENDATION By motion, approve Ordinance No. 05 -13 on first reading for a privately - initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID =6501 &MeetinglD =402 2/27/2013 r7 w Z l U � 4; L I N T 0 N J ¢ Z U LAS VERDES DRIVE V E R E 5 VERDES a 3 0 o: i J CA CF ST. 0 DUNCAN CENTER DELR Y TOWN CE N TER B O U L E V A R D WELLS PALM FARGO - • : TER MEDICAL r,�,DELRA MEDICA • N 0 SOUTH COUNTY MENTAL HEALTH C i SOUTH C. PROFESSIONAL CENTRE CONDO • = =_I •� • _ 'S PLANNING AND ZONING DEPARTMENT SUBJECT MUNICIPAL. PROPERTY LIMITS — DEL RAY MEDICAL CENTER LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 500 - 100 \LM9408 —Delray Medical Center PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JANUARY 29, 2013 AGENDA NO: V. B. AGENDA ITEM: CONSIDERATION OF A PRIVATELY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.3.4(J), "HEIGHT ", SUBSECTION (4) "INCREASES TO HEIGHT REGULATIONS ", SUBJECTION (b) "ALLOWANCES ", TO ADD THE DELRAY MEDICAL CENTER CAMPUS TO THE LIST OF PROPERTIES ELIGIBLE TO REQUEST A HEIGHT INCREASE. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately- initiated amendment to the Land Development Regulations (LDRs) that will add the Delray Medical Center campus to the list of areas eligible to request an increase in the maximum allowable height. 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 The applicant has petitioned the City to amend the Land Development Regulations to add the Delray Medical Center campus to the list of properties eligible to request an increase in the maximum allowable height. The property is zoned CF- Community Facilities which has a maximum permitted height of 48 feet. The proposed amendment will allow a request to the City Commission to increase the maximum allowable height to 60 feet through the conditional use process. The Delray Medical Center has also concurrently submitted the conditional use request associated with the text amendment, along with a Class IV site plan modification which will add a 4- story, 129,188 sq. ft. bed tower and a 5- level, 343 space parking structure, and expansion of the energy plant. The bed tower addition will add 140 private patient rooms to transition from semi - private to private rooms. It should be noted that the expansion will not actually add beds; rather, it will result in the conversion of the existing 280 beds from semi - private to private rooms. The conversion is prompted by new industry code and guideline requirements related to an enhanced level of patient privacy for patient care. Delray Medical Center offered two primary reasons why the amendment is necessary. First, they note that the property is landlocked with no opportunity to acquire adjacent land to allow expansion that would allow compliance with the LDRs. Secondly, they explain that due to building code ventilation and structural requirements, hospitals are built with a significantly greater floor -to -floor ratio. The space between floors generally measure from 6 to 8 feet to allow for easy access for repair, alteration, and /or renovation, and generally contain the necessary infrastructure to serve patient rooms, and other services provided by the hospital, such as telecommunications, heating, ventilation, oxygen, and other mechanical provisions necessary for the use. The applicant further notes that medical construction includes mechanical systems that are larger than in typical Planning and Zoning Board Meeting, January 29, 2013 LDR Amendment -Add Delray Medical Center to Height Exemptions commercial construction due to the volume of air required to meet the pressurization and fresh air requirements. The unique construction design results with the per story height for hospitals greater than other buildings, such as professional or medical office buildings. ANALYSIS It is noted that the CF- Community Facilities zoning district currently has a 48 -foot maximum allowable height throughout the city. The CF zoning district requires a minimum 10 -foot perimeter buffer, and when adjacent to a residential zoning district, the buffer increases to 15 feet. For Hospital uses, LDR Section 4.3.3(L)(3) requires a 50 -foot setback for structures, and that no parking be located within 25 feet of a property line. An increase to the maximum allowable height to 60 feet may require adherence to an additional 2 -foot setback for each foot above the standard 48 -foot maximum (it is one of the two criteria required to be met among the three that are listed). In this case, buildings at 60 feet may be required to show an additional 24 foot setback for a total setback of 74 feet. The currently designed site plan would have no difficulty in satisfying these criteria. Allowing additional height as a conditional use will require consideration of surrounding uses and mitigation measures to ensure compatibility. Additional setbacks, along with the design of open areas, such as courtyards, plazas, and landscaped setbacks, are required criteria for increased height consideration to add interest and provide relief from the building mass. Surrounding uses include multi - family residential development in unincorporated Palm Beach County called Las Verdes, zoned RM to the north across Linton Blvd. Multi- family residential development in unincorporated Palm Beach County called Country Lake, zoned RS to the south. To the east is the Delray Medical Center Condos (currently in unincorporated Palm Beach County), identified as a future annexation area, and the Wal -Mart, which is zoned PC- Planned Commercial. To the west is Lago Vista and Fair Oaks institutional uses which are considered a part the larger Delray Medical Complex. It is anticipated that no issues achieving compatibility will arise due to the extensive setback for buildings exceeding a height of 48 feet, along with the significant landscape buffer requirements, and therefore there should be little to no impact felt by the adjacent developments. 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. Future Land Use Element Objective A -5 states: The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed -use developments, and other innovative development practices. The Delray Medical Center is a valuable asset to the greater Delray Beach community, and the amendment is necessary from a room privacy standpoint, as well as from a mechanical and utility prospective. The continued organized and appropriate expansion of this facility is of community importance. 2 Planning and Zoning Board Meeting, January 29, 2013 LDR Amendment -Add Delray Medical Center to Height Exemptions REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The expansion of the Delray Medical Center to address changing regulations (patient's privacy) in the most efficient manner requires this amendment which will further enhance the medical center, and improve the level of service this facility provides to the community. As noted in the report, the unique nature of the use (large floor to ceiling footprints) requires increased heights to accommodate four (4) floors. The increased setbacks for taller buildings, along with the significant landscape buffer requirements, will ensure mitigation of any possible negative impacts to adjacent developments. It is further noted that no increase in the intensity of the use over the current bed count will result from this amendment. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.4(J)(4) "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.4(J)(4) "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for Delray Medical Center, 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 Recommend approval of the amendment to Land Development Regulations, Section 4.3.4(J)(4) "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for Delray Medical Center, 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 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 27, 2013 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF MARCH 5, 2013 ORDINANCE NO. 03-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingto consider approval to provide for the designation of a property located at 170 Marine Way as "The Marina House" to the Local Register of Historic Place. BACKGROUND At the first reading on February 19, 2013, the Commission passed Ordinance No. 03 -13. RECOMMENDATION Recommend approval of Ordinance No. 03 -13 on second and final reading. ORDINANCE NO 03 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MARINA HOUSE, LOCATED AT 170 MARINE WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and, WHEREAS, Mark and Lou Gambill, as property owners, have nominated the property described herein to be designated as a local historic structure; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic structure; and, WHEREAS, on February 6, 2013, the Historic Preservation Board of the City of Delray Beach recommended 4 to 1 that the property described herein be designated a local historic structure; and, WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum Staff Report; and, WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan; and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic structure. 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 the structure on the described property is hereby designated as a local historic structure in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to -wit: Lot 15, A Subdivision of Block 126, Delray, Florida, according to the Plat thereof, recorded in Plat Book 11, Page 4, of the Public Records of Palm Beach County, Florida. Section 3 That the Planning and Zoning Director of said City shall, upon the effective date of this Ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4 That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. 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 part declared to be invalid. Section 8 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 2 Ord 03 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 ORDINANCE NO. 03-13 Page 1 of 1 ITEM BEFORE COMMISSION The item before the City Commission is that of approval to individually designate the property located at 170 Marine Way, as "The Marina House ", for listing on the Local Register of Historic Places. BACKGROUND The subject property is located at 170 Marine Way within the Marina Historic District on the northwest corner of Marine Way and SE 2nd Street. The property contains a circa 1939 two- story, A- frame, vernacular style structure that was relocated to the subject property from 806 NE 2nd Street. The building was not altered since its original construction until it was relocated in 2012, at which time the original front porch had to be removed. The designation report is attached. To qualify as a historic site, the property must fulfill one or more of the criteria set forth in the Land Development Regulations Section 4.5.1(B). The site is being considered for listing on the Local Register of Historic Places as it fulfills the criteria of (13)(3) due to its architectural or aesthetic significance exemplified by the vernacular style. The subject architectural vernacular indicates residential building trends at that time, such as its overall design, character and materials used, in addition to the details which display a type of craftsmanship rarely seen or appropriately replicated in new construction today. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed the designation at its meeting of February 6, 2013, where a recommendation to approve was made to the City Commission. RECOMMENDATION Move approval on first reading of Ordinance No. 03 -13 to place the property located at 170 Marine Way on the Local Register of Historic Places as "The Marina House ", by adopting the fmdings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and Section 4.5.1(13) of the Land Development Regulations. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6503 &MeetingID =402 2/27/2013 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: "The Marina House" Property Address: 170 Marine Way, Marina Historic District HPB Meeting Date: February 6, 2013 File No: 2013 -044 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a request for individual designation of "The Marina House" located at 170 Marine Way, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject property is located at 170 Marine Way within the Marina Historic District on the northwest corner of Marine Way and SE 2nd Street. The property contains a circa 1939 two -story, A- frame, vernacular style structure and was relocated to the subject property from 806 NE 2nd Street. The building was not altered since its original construction until it was relocated in 2012, as the original front porch had to be removed. The designation report is attached. Subsequent to this Public Hearing before the HPB, the designation will move forward for review by the City Commission where Public Hearings will be held on both February 19 and March 5, 2013. The designation of "The Marina House" is now before the Board for consideration. ANALYSIS LDR Section 4.5.1(8), Criteria for Designation of Historic Sites or Districts: Pursuant to Section 4.5.1(13)(1), to qualify as a historic structure, individual 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 (3) below;. (13)(3) Architectural or aesthetic significance: (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; (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. STAFF COMMENT: The architectural significance is exemplified by the vernacular style which indicated residential building trends at that time, such as its overall design, character and materials used, in addition to the details which display a type of craftsmanship rarely seen or appropriately replicated in new construction today. "The Marina House" Designation; 2013 -044 HPB Meeting February 6, 2013; Page 2 of 3 Comprehensive Plan Future Land Use Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A -4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines" Policy A -4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as it will provide for the preservation of the subject structure, thereby ensuring the protection of an example of this type of style and building. Further, the comments above illustrate that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Commission have been tentatively scheduled for February 19 and March 5, 2013. COURTESY I PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500' radius of 170 Marine Way. Letters of support or objection, if any, will be presented at the HPB meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that "The Marina House" be listed in the Local Register of Historic Places at 170 Marine Way, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission that "The Marina House" not be listed in the Local Register of Historic Places at 170 Marine Way, Marina Historic District, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. "The Marina House" Designation; 2013 -044 HPB Meeting February 6, 2013; Page 3 of 3 RECOMMENDATION Move a recommendation of approval to the City Commission that "The Marina House" be listed in the Local Register of Historic Places at 170 Marine Way, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. Attachments: "The Marina House" Designation Report, Location Maps Staff Report Prepared by: Amy Alvarez, Historic Preservation Planner I i � A � 1 A� � � �R. � � .^� -; � , � •Fri y � l wit Atle l