The URL can be used to link to this page

05-07-13 Regular MeetingCity of Delray Beach Regular Commission Meeting Tuesday, 7, 2013 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing 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. B. Public Hearings /Quasi- Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission 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. 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. 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 accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. March 14, 2013 - Special/Workshop Meeting B. April 2, 2013 —Regular Meeting C. April 9, 2013 - Special/Workshop Meeting 5. PRESENTATIONS: A. S.P.LR.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of April 18, 2013. B. FINAL SUBDIVISION PLAT APPROVAL/ SOUTH COUNTY COURTHOUSE COMPLEX EXPANSION: Approve a final plat for a 3.827 acre subdivision known as South Courthouse Complex Expansion for the property located 200 West Atlantic Avenue. C. RESOLUTION NO. 27 -13: ABANDONMENT OF EASEMENT: MIDTOWN DELRAY SUBDIVISION: Approve Resolution No. 27 -13 to abandon a 94.41 foot portion of a 20' wide utility easement located within the plat of Midtown Delray Subdivision. D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL) /INTERCOUNTY ENGINEERING, INC.: Approve Contract Closeout (C.O. No. 1 /Final) in the amount of $21,082.79 decrease and final payment in the amount of $19,390.76 to Intercounty Engineering, Inc. for completion of the Lift Station 100A Upgrade Project. Funding is available from 442 - 5178 - 536 -69.29 (Water /Sewer Renewal & Replacement Fund: Water & Sewer Trans /Storage Project /Lift Station 100A Capacity Upgrade) and 442 - 5178 -536 -64.90 (Water/ Sewer Renewal & Replacement Fund: Machinery/Eguipment /Other Machinery/Eguipment). E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2 /FINAL) /RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 2 /Final) in the amount of $19,980.77 decrease and a final payment in the amount of $74,339.75 to Randolph & Dewdney Construction, Inc. for completion of the Fire Station No. 1 Storm Hardening Project. Funding is available from 118 - 1962 -554 -62.89 (Neighborhood Services: Capital Outlay /Fire Station #1) and 118 - 1962 -554 -64.90 (Neighborhood Services: Capital Outlay /Other Machinery/ Equipment). DEVELOPERS AGREEMENT/ 116 N.E. 71H-- STREET: Approve a Developers Agreement with Gaetan Richards for an in -lieu of sidewalk installation along N.E. 211d Avenue for the property located at 116 N.E. Al Street. G. RIGHT OF WAY DEED ACCEPTANCE /46 S.W. 91H-- AVENUE: Accept a right -of- way deed for the west alley associated with the Community Redevelopment Agency (CRA) Parking Lot located at 46 S.W. 91h- Avenue. H. SERVICE AUTHORIZATION NO. 12- 02.1 /CALVIN, GIORDANO AND ASSOCIATES, INC.: Approve a Service Authorization No. 12 -02.1 with Calvin, Giordano and Associates, Inc., in the amount of $17,648.70 for additional design services for the S.E. 2n- Street — Swinton — S.E. 311d- Avenue Project. Funding is available from 334 - 3162 -541 -68.30 (General Construction Fund: Other Improvement/ S.E. 211- -d Street — Swinton — S.E. 3rd Avenue). L SERVICE AUTHORIZATION NO. 12- 04 /KIMLEY -HORN AND ASSOCIATES, INC.: Approve a Service Authorization No. 12 -04 with Kimley -Horn and Associates, Inc., in the amount of $46,857.08 for professional services for the South Swinton — S.W. /S.E. lit—Street Signal Project. Funding is available from 334 - 3162 -541 -68.32 (General Construction Fund: Other Improvement/ S. Swinton — S.W /S.E. 18 Signal). AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA); FUNDING OF CONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment No. 2 to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on "Exhibit A" attached to the agreement for FY 2012/2013. 1. SERVICE AUTHORIZATION NO. 12 -02/ WANTMAN GROUP, INC.: Approve a Service Authorization No. 12 -02 with Wantman Group, Inc., in the amount of $149,201.00 for the design of N.E. 211-d- Avenue /Seacrest Beautification Project; contingent upon approval of Amendment No. 2 to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for Funding of Construction Professional Services. Funding is available from 334 - 3162 - 541.68 -78 (General Construction Fund: Other Improvement/ N.E. 211- -d Avenue /Seacrest Beautification). K. REJECT ALL BIDS FOR OSCEOLA PARK ALLEYS- PHASE 1 PROJECT: Approval to reject all bids for the Osceola Park Alleys — Phase 1 Project, and proceed with re- advertising the project for bid. L. RESOLUTION NO. 26 -13: Approve Resolution No. 26 -13; supporting a Statewide ban on texting while driving. M. SUBORDINATION AGREEMENT/COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG): MARY WRIGHT: Authorize and approve subordination of the City's second mortgage in the amount of $22,855.35 to allow the applicant, Mary Wright to modify her mortgage to reduce her monthly note and interest rate. N. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REVOLVING LOAN FUND GUIDELINES: Approve Community Development Block Grant (CDBG) Revolving Loan Fund guidelines and application. Funding is available from 118 -1966- 554- 83.01 (Neighborhood Services: Other Grants and Aids). O. AMENDMENT NO. 1 TO THE FUNDING AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA)/ECONOMIC DEVELOPMENT DIRECTOR POSITION: Approve Amendment No. 1 to the Funding Agreement with the Community Redevelopment Agency (CRA) regarding the funding of the Economic Development Director position; contingent upon approval of the Community Redevelopment Agency (CRA). P. INTERLOCAL AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve an Interlocal Agreement with the Community Redevelopment Agency CRA) to install plaque bases at The Elizabeth "Libby" Jackson Wesley Plaza located at 2 S.W. 51h- Avenue. Q. CHANGE ORDER TO PURCHASE AWARD TO OTTO ENVIRONMENTAL SYSTEMS: Change order to purchase award to Otto Environmental Systems from $50,000.00 to $56,930.00 for additional hot stamped garbage carts, lids and wheels to be ordered "as needed ". Fundinu is available from 433 - 3711 -534 -49.90 (Sanitation Fund: Other Current Charges). R. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve an Agreement with the Florida Department of Financial Services in the amount $14,765.00 to accept the 2012 Domestic Preparedness Grant from the State Homeland Security Grant Program to sustain equipment and training for hazardous materials incidents and incidents involving weapons of mass destruction. S. RESOLUTION NO. 28 -13: Approve Resolution No. 28 -13; provide authorization for the City Manager, Assistant City Manager, Director of Finance and the Assistant Director of Finance to oven accounts. endorse checks. withdraw or transfer funds on behalf of the City of Delray Beach at any bank or financial institution. T. PROPOSED CHANGE TO THE COMMISSION RULES OF PROCEDURE: Approve a proposed change to the Commission Rules of Procedure for quasi - judicial hearings to provide that the parties, City and applicant, shall each have 10 minutes to present their case rather than 20 minutes for each side. U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development Boards for the period April 15, 2013 through May 3, 2013. V. PROCLAMATIONS: 1. Recognizing Carolyn L. Gholston posthumously 2. Better Hearing Month - May 2013 3. National Day of Prayer —May 2, 2013 4. Municipal Clerks Week — May 5 -11, 2013 5. National Kids to Parks Day —May 18, 2013 6. National Safe Boating Week —May 18-24,2013 W. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Florida Door Control of Orlando, Inc. in the amount of $22,974.00 to expand the current security system for the Police Department's Access Control Svstem. FundinLy is available from 334 - 2111 -521 -63.90 (General Construction Fund: Capital Outlay /Other Improvements). 2. Contract award to Mancil's Tractor Service, Inc., in the amount of $976,734.32 for construction of the S.W. 211d Street Beautification Project. Funding is available from 334 - 3162 -541 -65.95 (General Construction Fund: Capital Outlay /S.W. 2nd Street Beautification) and 448 - 5461 -538 -65.95 (Storm Water Utility Fund: Other Improvements /S.W. 2nd Street Beautification 3. Contract award to Hinterland Group, Inc. in the amount of $29,750.00 for rehabilitation of Lift Station #60 located at Delray Medical Center. Funding is available from 442 - 5178 -536 -68.15 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Lift Station Rehabilitation). REGULAR AGENDA: A. WAIVER REQUEST/ COMMUNITY REDEVELOPMENT AGENCY (CRA); ARTISTIC BANNERS: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.5 (D), "Fence Types" to allow for the design and installation of four (4) artistic banners (5' x 30') to an existing fence on Community Redevelopment Agency's (CRA) property located at 805 West Atlantic Avenue pursuant to the recommendation of the Public Arts Advisory Board (PAAB). (Quasi- Judicial Hearing) B. WAIVER REQUEST /HYATT PLACE DELRAY BEACH: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.3(V)(2)(c)(1), "Prohibitions by Frequency ", to extend the six month time limit to establish a stand- alone bar at the Hyatt Place Delray Beach, located at 104 N.E. 2nd Avenue. (Quasi - Judicial Hearinz) C. WAIVER REQUESTS/ COMMUNITY REDEVELOPMENT AGENCY (CRA); 46 S.W. 9TH AVENUE: Consider approval of two (2) waiver requests to Land Development Regulation (LDR) Section 4.6.9(D)(3)(b), "Point of Access to the Street System ", to reduce the width of the point of access for a parking lot driveway from the required 24' to the proposed 22' adjacent to S.W. 10th Avenue and Section 4.6.9 (D)(4)(d), "Maneuvering Area, Aisle Width, Space Width ", to reduce the drive aisle width with perpendicular parking from the required 24' to the proposed 22' adjacent to S.W. 10th Avenue for the Community Redevelopment Agency (CRA) Parking Lot located at 46 S.W. 9th Avenue. (Quasi- Judicial Hearing) D. WAIVER REQUESTS: SUNTRUST BANK/CHICK -FIL -A RESTAURANT: Consider approval of two (2) waiver requests to Land Development emulations (LDR) Section 4.6.12(F)(2), "Minimum Floor Area ", which requires that free - standing structures have a minimum floor area of 6,000 square feet and Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance ", which requires a stacking distance of 50 feet for parking areas that contain 51 or more parking spaces for SunTrust Bank/Chick -Fil -A Restaurant, located at the southwest corner of Linton Boulevard and South Federal Highway. (Quasi- Judicial Hearing) E. REJECT ALL BIDS FOR FEDERAL LEGISLATIVE LOBBYING SERVICES: Consider rejecting all bids received for comprehensive Federal Lobbying Services (RFP No. 2013- 34). F. REQUEST FOR PROPOSAL (RFP) FOR FEDERAL LOBBYING SERVICES: Provide direction regarding a Request for Proposal (RFP) for Federal Lobbyer Services. G. SETTLEMENT OFFER IN CURLENE THOMAS v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in Curlene Thomas v. City of Delray Beach. Staff recommends approval; subject to the receipt of the appropriate releases. H. PROPOSAL FOR SETTLEMENT IN PREVILLON CASSY v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $49,999.99 in Previllon Cassy v. City of Delray Beach. Staff recommends denial. I. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a two (2) year term ending April 22, 2015 to the Police & Firefighters Retirement System Board of Trustees. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). J. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) reMular member to the Public Art Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term plus a four (4) term ending July 14, 2017. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Jacquet (Seat #2). L. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: ADDoint one reMular member to the Financial Review Board to serve an unexpired term ending July 31, 2014. Based upon the rotation system, the appointment will be made by Commissioner Petrolia (Seat #1). M. APPOINTMENT TO THE POLICE ADVISORY BOARD: ADDoint one member to the Police Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (,Seat #2). N. OFFER OF SETTLEMENT IN KIERAN MACKENZIE v. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $20,000.00 in Kieran Mackenzie v. City of Delray Beach. Staff recommends approval. (ADDENDUM 10. PUBLIC HEARINGS: A. NONE 11. FIRST READINGS: A. ORDINANCE NO. 10 -13: Consider an amendment to Chapter 33, "Police and Fire - Rescue Departments ", Section 33.62, "Benefit Amounts and Eligibility ", and Section 33.64, "Contributions ". If passed, a public hearing will be held on May 21, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SPECIAL /WORKSHOP MEETING MARCH 14, 2013 A Special /Workshop 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., on Thursday, March 14, 2013. 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 Mayor Carney called the Special /Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. MUNICIPAL ELECTION RESULTS /RESOLUTION NO. 20 -13: Canvass the returns, and declare the results of the March 12, 2013 First Nonpartisan and Special (Referendum) Election; approve Resolution No. 20 -13. Mayor Carney asked for a motion to accept the results and approve the resolution. Ms. Morrison moved to accept the results and approve Resolution No. 20 -13, 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. 2. WAIVER REQUEST /DELRAY BEACH TWILIGHT FESTIVAL: 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 Delray Beach Twilight Festival (bike races) site and to allow banners to exceed 20 square feet, from March 22 -23, 2013. Quasi,judicial Heann'g) Mayor Carney read the City of Delray Beach Quasi-judicial rules into the record for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mr. Robert Barcinski, Assistant City Manager, stated this is for approval of a waiver to allow banners in designated areas for the twilight festival. He stated taff has reviewed this and is recommending approval. Mr. Frankel stated Commission is getting these every week and asked if the Commission can allow Mr. Barcinski to use his discretion in this matter when it is a two or three day event. Mr. Brian Shutt, City Attorney, stated Lula Butler, Community Improvement Director, is looking at the sign code on this. Mr. Jacquet asked if we have done this type of waiver before for this specific event. Mr. Barcinski stated it was done last year. Mr. Jacquet asked about the Bike Race. The City Attorney went through the board order with Commission and stated based on the board order the Commission would approve the event subject to the condition that each side must provide the name, time, date and location of the event. He asked for a motion to adopt the board order. Mrs. Gray moved to adopt the board order approving the waiver request, 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 — Yes. Said motion passed with a 5 to 0 vote. 3. PROPOSED CHANGES TO THE RULES FOR PUBLIC PARTICIPATION: Approve the proposed change to the Rules for Public Participation. Mr. Shutt stated this item is based on the last change to the local rules to make it consistent with expanding the public comment section and to make the rules for public participation consistent with the Local Rules. Mr. Frankel asked about the amendment. Mr. Jacquet referenced the rules regarding general remarks by individuals. He asked if this is without consensus of the Commission. The City Attorney discussed this and stated he could change the language to make it consistent. Mr. Frankel moved to approve the changes to the Rules for Public Participation, 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. 4. CONTRACT AWARD /PREMIERE BUILDING SERVICES: Approve a contract award with Premiere Building Services in the amount of $59,739.60 for janitorial services for the cleaning of various City buildings in addition to requested janitorial services "as needed" by departments. Funding is available from various departmental operating budgets. Mr. Victor Majtenyi, Interim Environmental Services Director, presented this item and stated sixteen (16) bids were received with varying ranges for cost. He stated staff spoke to vendors and checked references for vendors. Mr. Frankel referenced the length of the contract and the renewal. Mr. Douglas Smith, Interim City Manager, stated this may have been written this way in the bid package when it was released but could still be at Commission's discretion. 2 March 14, 2013 Mayor Carney asked about the language and the pricing; he stated automatic renewals are now an issue. Mr. Smith stated to the extent that some of the contract terms can be extended it takes the load off of staff with constant rebidding. Mr. Shutt stated this is a one year agreement and Commission can direct staff to come back to them with this before it is renewed. He stated if Commission wants a three year term then it would have to go back out to bid. Mrs. Gray asked about the difference in the prices and asked if we are sure they will be able to do the job. Mr. Majtenyi discussed the reference checks regarding whether they had everything in the scope of services and that they can complete the job since it was a much lower bid. Mrs. Gray asked what happens if at mid -year the company decides they cannot complete the job for that amount. Mr. Majtenyi discussed the three month probationary period. Ms. Morrison asked if the three month probation is without cause. Mr. Shutt asked if this language is in the Request For Proposals (RFP). Ms. Morrison asked about the current contract with O.T. Services. Mr. Majtenyi stated the contract with O.T. Services has expired. Ms. Morrison asked when was the last time we bid out this contract. Ms. Patsy Nadal, Purchasing Manager, discussed the last time the contract went out to bid. Mr. Jacquet stated it should be for one year with the option to renew and stated his favorite part about this is the three month probationary period which allows us to terminate without cause if the city is not satisfied with what they are doing. He stated his concerns are that it is a very small company so that questions whether they can cover all of our facilities and the price is so significantly low it triggers a concern. However, he stated that does not deter him from awarding the contract to them and we are saving $50,000 or more. Mayor Carney asked if this will be approved as amended regarding the 90 -day probation and that it is not an automatic renewal. Mrs. Gray discussed the change in service from five (5) to three (3) days cleaning and asked if this new company will pick up the days because it is needed. Ms. Nadal discussed the cleaning of city facilities. Mr. Smith suggested that Commission award the contract the way it is presented tonight and then staff can bring this back to the Commission for the options for getting extra days added on. Discussion continued between Commission and staff. Ms. Morrison asked if the chemicals are supplied by the City. Ms. Nadal stated anything of paper and plastic are supplied by the City and the vendor supplies the chemicals. March 14, 2013 Mr. Frankel moved to approve a contract award with Premiere Building Services in the amount of $59,739.60 for janitorial services, seconded by Mrs. Gray. 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. Mayor Carney adjourned the Special Meeting at 6:30 p.m. Before moving on to the Workshop Agenda, Mr. Jacquet stated he brought up the valet parking issue because it is a major concern for everyone and suggested that the valet workshop be done at a different time since there are other items on this agenda so that there can be more time to go through this in detail. Mr. Frankel stated he and the city attorney spoke earlier and stated he feels they should hear all of the items or postpone all of them. Ms. Morrison stated this is just a workshop so there are no decisions that will be made. She stated we are gathering information. Mr. Frankel stated there will be no votes but direction will be given. Mr. Jacquet stated one item can be postponed without postponing the others as have been done in the past and stated the valet issue is a major one and stated he felt it would be wise to wait a week or two. Mayor Carney stated he has been preparing and looking at this issue for some time but if the Commission wishes to postpone the item that is fine too. Mrs. Gray stated she agrees that not everything should be postponed on the agenda but thinks there is some value in looking at this item tonight and giving direction. Ms. Morrison stated the valet parking issue on SE 2nd Avenue is a disaster waiting to happen and feels the issue should be talked about and the conversation should start tonight. She stated even if a decision is not made tonight at least the issues will be on the table and the police are here to discuss the situation. It was the consensus of the Commission to move forward with the Valet Parking item. WORKSHOP MEETING AGENDA 1. Police Department Staffing Update Police Chief Anthony Strianese presented this item. He stated 158 would be the number for the Police Department to be totally staffed and discussed the changes in staffing and the hiring process. Chief Strianese stated there are new hotels and large residential developments coming in and stated we have a higher crime rate than Boynton Beach and Boca Raton. He discussed the Uniform Crime Report (UCR) and stated crime is continuing to come down and feels they are doing a good job with less people. He stated we have a vibrant downtown, a world class beach and have become recognized as an international tourist destination. He stated we have in excess of 200 recovery facilities, three (3) psychiatric receiving facilities in fifteen square miles, etc. and these are things that other communities do not have and this makes Delray Beach very unique in what we deal with. Chief Strianese stated based on the direction and budget he has been given 4 March 14, 2013 they have adequate resources to provide the basic functions of a law enforcement agency. He stated moving forward it has to be looked at long term regarding budget. Mr. Frankel stated this had been touched on during the workshop with the State Attorney and feels the Police Department needs help. He stated he feels Commission going forward needs to provide the Police with more support, more officers and increase the momentum of the officers as well as civilian employees. He stated it is very important to recognize what the Police Department does with what they have. Mr. Frankel referenced probation, parole, mental health and an increased homeless population and urged the Commission to recognize that during the upcoming budget cycle. Mrs. Gray thanked the Police Department for all they do and for keeping us safe. She stated they realize how both the Police Department and Fire - Rescue Department are important to the city. She asked why is Delray Beach so much higher regarding the number of sex offenders. Chief Strianese stated it could be possible that we received an influx from the north and south and also it could be due to probation and parole being here. Mrs. Gray stated she is concerned about the Caring Kitchen being in the middle of a residential area and she has heard complaints from some of the residents in the area. She asked if another location could be found for them. Mr. Shutt stated this facility is leased to the American Legion who subleases to the Caring Kitchen. He stated Commission could provide direction on whether they want to relocate this or not. Mrs. Gray asked about the Drug Task Force. Chief Strianese stated this was revamped and they are back up and running. Ms. Morrison thanked the Police Department for all they do for us and provided information regarding a review of the Police staffing. She stated there are residential units, hotels, shopping centers, the beach population has doubled, and the Wallace Drive Corridor is being developed so there are a lot of changes coming. She stated they have great policemen and commented that Police Department gave $1 million dollars back last year and thanked them. Mr. Jacquet stated Commission is in agreement that the Police Department needs to maintain their staff and needs to have the number of necessary officers. He stated the Police Department should reflect the population and mirror the demographics of the people they serve and thanked them for they work they have done. He stated they appreciate it and the police need all of the support they can get. Chief Strianese stated we are approximately 10 -15% off in minority representation and stated this problem will persist for a while here and in other municipalities. He then discussed budget and putting officers through the police academies. Mayor Carney stated Commissioner Morrison made a good point regarding the number of residential units, shopping centers and hotels coming online and we sometimes fail to take into account the number of snowbirds as we look at the population. The Police Department has been doing great with the resources that they have and encouraged the Chief to be more aggressive regarding budget. 5 March 14, 2013 2. Utility Service Line Warranty Program Mr. Rich Reade, Public Information /Sustainability Officer, stated this is a program that was brought to their attention by Commissioner Gray from the National League of Cities and this program provides insurance for single family residential homes for coverage of their utility lines from our meters to their homes. This is a service a number of communities are providing to their residents. He explained the two different types of agreements and stated the cost is estimated to be $5.75 -$7.75 per month. He stated they spoke with persons from Greenacres and Fort Lauderdale. Mr. Mike Madden, Maitland, Florida, stated he likes what has been done in Delray Beach and stated he used to live here some time ago. He spoke regarding the goals, cost, letters and use of the City Logo for the program. He provided background information regarding the company. Mr. Jacquet stated this is a great concept and idea but he has some concerns after reviewing this. He stated one is the issue that Fort Lauderdale had about their logo being used and feels that with a company coming in and using the Delray Beach logo people will buy into this because the city is sending them a letter not because a private company is sending a letter. In addition, he spoke about marketing and stated he cannot understand why we would want to partner up with a private company to sell their service to individuals. He stated another concern is the automatic renewal in the contract and asked about the monthly and annual cost. Mrs. Gray stated she brought this forward because she is a business owner and owns a residence and provided a scenario regarding a line breaking and the city determines that the homeowner is responsible. She stated most homeowners are not aware of this. It cost approximately $4,000- $5,000 to repair the line. She stated she called other cities to see if there were issues or problems. She stated this is an investment for the residents and would be a free service to our residents as a member of the National League of Cities. This is revenue back to the city. Mrs. Gray stated there will be a list of local contractors who would rotate. Ms. Morrison thanked Mr. Madden for the presentation. She asked regarding the $4,000 limit per occurrence how is this determined, how local contractors are chosen and if they are screened. She asked if the rates charged to the residents have to do with the age of the line. Ms. Morrison discussed referrals. Mr. Madden discussed the contractors, the lines, content of the letters, etc. Mr. Jacquet asked how do they determine a pre - existing condition. Mr. Madden stated there is no pre- existing condition as long as they wait through the thirty days and no material denials. He stated the denial rate is less than 2% -they mostly pay everything that comes in that has a problem. Mr. Frankel stated he has no concerns and thinks this is an optional program. Mayor Carney asked how will the people be billed and about an assignment fee and indemnification. It was the consensus of the Commission that this is fine as long as it is an optional program. Mr. Shutt asked if Commission wants staff to come back with an agreement worked out with the company. He stated he has a copy of Fort Lauderdale's agreement and stated a copy of the letters /mailers can be attached to the agreement. Mayor Carney asked about a disclaimer. March 14, 2013 It was the consensus of the Commission to attach the letter to the agreement. 3. Valet Parking Program Review Mr. Scott Aronson, Parking Management Specialist, conducted this presentation. He provided a history of the program, number of queues, spaces, locations and valet program options. He mentioned an employee parking program. Mr. Aronson also discussed the SE 2nd Avenue valet queue recommendations regarding the agreements and the options. Ms. Morrison asked about the spaces for the Prime Steakhouse and if we know what other cities charge for parking. Mr. Frankel asked about the courthouse garage and stated it is supposed to be open to citizens with employees parking in the back. He asked Mr. Aronson to check into this and asked about using the facility at nights, on weekends and during the holidays. He stated he likes the amendment of violations /penalties for inappropriate behaviors of valet employees. Mr. Frankel stated he agrees with the recommendation to maintain the current program. He stated regarding SE 2nd Avenue, Mr. Aronson should talk to Mr. Rack who is interested in establishing a queue outside of his restaurant. Mrs. Gray stated she is in favor of the current program. She asked if there is still a valet queue at the Seagate Hotel. Mr. Aronson stated they did not renew. Mrs. Gray stated as far as SE 2nd Avenue is concerned she is in favor of the two additional spaces and asked what is the fee for the additional spaces. She stated the city should not have to pay and she is not in favor of having the two (2) queues that close to Atlantic Avenue. She stated she can only support one queue on SE 2nd Avenue not two. Mr. Aronson discussed Prime's revised request and stated they requested to move their queue onto Atlantic Avenue. Discussion continued regarding the request. Ms. Morrison discussed eliminating the left hand turn signal at SE 2nd Avenue. The City Attorney asked Randal Krejcarek, City Engineer, if we have the ability to do this. Mr. Krejcarek stated this is something that can be done by the city. Mr. Aronson discussed separation of pickup and delivery of cars. A Delray Beach Sergeant spoke about downtown parking. Mr. Frankel stated the officer gave a great presentation at the Downtown Development Authority (DDA) meeting and stated Commission may want to consider funding more Clean and Safe Officers. Ms. Morrison asked if it is hard to obtain more street lights. Mr. Krejcarek stated the city will have to work with Florida Power & Light (FP &L) for upgrading lighting. At this point, the Commission allowed Mr. Fran Marincola to speak and Mr. Marincola stated he agrees with Mr. Aronson's recommendation to have five (5) spaces and eliminate the node. 7 March 14, 2013 Mr. Jacquet stated he is glad Mr. Marincola spoke. He discussed the valet queues and prices. He stated the city should not be paying for anything. Mayor Carney stated there is a sense that there are too many queues. He stated we need better enforcement of how queues are being operated. Mr. Frankel stated there are valet signs being placed out before the right time. Commission and staff discussed the agreements pertaining to City Manager renewal and making them retroactive to July 2012. In addition, they decided to add a violation regarding the behavior of valet queue employees. Regarding SE 2nd Avenue, they want no left hand turns 24/7, on the west side add five (5) spaces, add two (2) spaces on the east side and no taxpayer dollars spent on improvements. The City Commission stated the city prefers to do the work in our own Right of Ways (R -O -W). Mr. Shutt discussed an agreement regarding the R -O -W and stated the cost to the vendor would be spread out over twelve (12) months. 4. Discussion regarding the Conceptual Design of N.E. 3rd Avenue Mr. Krejcarek discussed the Artists Alley concept sketch as well as the east end of N.E. 3rd Street way finder signs to direct people into the alley. He stated staff is looking for Commission consensus tonight. Mr. Krejcarek stated the Community Redevelopment Agency (CRA) has paid for the concept and will pay for the design and some of the construction. Ms. Morrison asked about the timing. Mayor Carney asked if this came out of the Charette that was held. Mrs. Gray stated this is a very beautiful design and will be in the location of where taxpayers have paid over $1 million for a building. She asked if the alley will still be in the back of the warehouse. Mr. Krejcarek discussed the goal of the project. Mr. Frankel discussed the park area at the east end of NE 3rd Street and stated it will be remarkable. He commended Mr. Krejcarek on the presentation. Mayor Carney stated this was a great presentation. 5. Discussion regarding Multi -Space Parking Meters for the Old School Square Garage Mr. Aronson stated staff would like to put in meters and discussed quotes. He stated they can opt for a coin option for convenience. Mr. Douglas Smith asked if this is the same technology as the beach lots. Mr. Frankel stated he is in favor of doing the pay station automation. He discussed West Palm Beach's parking system at the City Center and referenced their coin system. He asked if staff has checked the system out regarding cost. Mr. Aronson stated it will cost $1 million. Mrs. Gray stated she is glad to see something is being done and asked about the contract. She asked if we will automatically use them again. 8 March 14, 2013 Ms. Morrison asked will we charge for the parking 24 hours seven days a week now. Mr. Aronson stated we will charge on Thursday, Fridays and Saturdays until 4:00 p.m. Mr. Jacquet asked how many elevator landings do we have and is this for all five regarding cost. Mayor Carney stated this is a great plan and long overdue. He stated staff should look at meters on A -1 -A as well. Mayor Carney adjourned the Workshop Meeting at 9:16 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, March 14, 2013, which Minutes were formally approved and adopted by the City Commission on Ma3� 7, 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 amendments, additions or deletions to the Minutes as set forth above. 9 March 14, 2013 APRIL 2, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 2, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. At this point, Mayor Glickstein welcomed City Manager Louie Chapman to Delray Beach and stated he is the City's 14th City Manager since 1946. 4. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the January 14, 2013 Workshop Minutes, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve February 12, 2013 Special/Workshop Minutes, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of March 5, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 04/02/13 For the record, Mayor Glickstein clarified that Judge Gladstone is retired and the Organizational Meeting Minutes of March 28, 2013 should reflect this. The City Clerk so noted. Mr. Frankel moved to approve the Minutes of the March 28, 2013 Organizational Meeting as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 5. PROCLAMATIONS: 5.A. Delray Beach Public Library Appreciation Month — April 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming April 2013 as Delray Beach Public Library Appreciation Month. Alan Kornblau came forward to accept the proclamation and gave a few brief comments. 5.B. Earth Month — April 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming April 2013 as Earth Month. Richard Reade, Sustainability Officer, came forward to accept the proclamation and gave a few brief comments. 6. PRESENTATIONS: A. None 7. Comments and Inquiries on Agenda and Non - Agenda Items From the Public Immediately Following Presentations 7.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 7.B. From the Public. 7.B.1. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445 (outreach officer with S.A.F.E. (a civic group aiming to improve our pedestrian bicyclists' and motorists' safety), welcomed Commissioner Petrolia, Mayor Glickstein and City Manager Chapman. Secondly, Ms. Anderson commented about Earth Day and stated S.A.F.E. is working hard in cooperation with the City with the goal of continuing to make Delray Beach an even better community. She stated S.A.F.E.'s concern is to promote bicycle and pedestrian safety and they are particularly concerned now to see the administration 2 04/02/13 initiate transportation demand management for employees to implement some of the recommendations made in the Delray Pedestrian Bike Task Force Study completed ten years ago and adopted by the City Commission two years ago. Ms. Anderson suggested that the Commission set up a Citizen and Pedestrian Bike Committee, hire a full -time coordinator, and get a Master Plan drafted so that the City can promote pedestrian and bicycle safety. She stated there is a concern that pedestrians and restaurant owners have been blocking some of the downtown sidewalks. 7.B.2. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483 (liaison for Osceola Park), welcomed the new Mayor and City Commissioner. Ms. McDermott stated approximately one month ago Osceola Park had Art in the Alley and there were over 200 people who came to visit the clean alley. She stated there will be an Art in the Alley IV in a year. Ms. McDermott thanked Office Depot for putting up a fence for one family and they had art to put on it. She recognized the P.O.P. (Problem Oriented Policing) who are now thrilled with a clear alley because they can now see down it. 7.B.3. Kenneth MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483, welcomed the new City Manager, the two new Commission members Mayor Glickstein and Commissioner Petrolia. Mr. MacNamee briefly spoke about public records and public information requests and stated he found it easier to obtain public information from other municipalities and other governmental bodies than it was to obtain information from Delray Beach. He asked the City Commission to make a commitment so that the City of Delray Beach becomes a model of being forthcoming with information that citizens request. 7.B.4. Jeff Peterson, 1332 Estuary Trail, Delray Beach, FL 33483 (Resident of Delray Beach since 1999 and Federal Lobbyist), stated recently an RFP came out for Federal lobbying services in Delray Beach. Mr. Peterson stated he has experience in working in small city government and in his last lobbying job he represented the Palm Beach County Commission, Boynton Beach and the Boynton Beach CRA. He stated this RFP is perfect if you are a large cement company that wants to apply to redo the sewers throughout the city. Mr. Peterson stated lobbying is a very personal business and there are so many requirements that it keeps most of the lobbyist who know Delray Beach and Washington from applying for that contract. Mr. Peterson suggested that the City make the RFP fit the job rather than have a large RFP. Mayor Glickstein asked Mr. Peterson if he can provide in writing the specific recommendations regarding simplifying the RFP. Mr. Peterson stated he can put these specific recommendations in writing regarding simplifying the RFP. 7.B.5. Chuck Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, stated he is so proud and pleased with the new Commission and looks forward to the new opportunity of working together. 7.B.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33445, congratulated the new Commission and City Manager and stated she sees more of what is 3 04/02/13 really going on because she is out on the streets every day. Ms. Moody stated she cleans up on her own because she cares about the community. Secondly, Ms. Moody expressed concern over the renovations in the City Manager's office and feels this is not fair to the taxpayers. Lastly, Ms. Moody commented about Consent Agenda Item 9.D. (Medical Facility) and asked if all employees can take advantage of the facility. Mr. Frankel stated that all employees have access to the City's medical facility. 7.11.7. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated a couple of weeks ago the Chief of Police gave the Commission a report on the status of his staff. Dr. Kirson stated if we lose one sworn officer it takes over a year to make a person eligible to be a sworn officer and it costs the City $105,000 to train him and replace him. He stated the Palm Beach County Sheriff's office is hiring now and they have a program where if you give them free time they will put you first on the list to hire you. Dr. Kirson requested that the City give all sworn officers a 5% incentive bonus right now with the caveat that the officers state that with this 5% bonus they will stay for at least one year to give the City time to get more money. 8. AGENDA APPROVAL. Mr. Frankel stated he would like to hear more information regarding Item 10.C. if it is the consensus of the Commission. It was the consensus of the Commission to move up Item 10.C., Request for Proposals: Federal Legislative & Executive Lobbying Services to the Regular Agenda as Item 10.A. Mrs. Gray requested to remove Item 9.B., Service Authorization No. 12- 03/Kimley -Horn and Associates, Inc. to the Regular Agenda as Item 10.A.A. The City Attorney stated Item 9.A. will be Item 10.B., Item 9.C., Service Authorization No. 12- 06/Mathews Consulting, Inc. will be Item 10.C., Item 10.B., Conditional Use Request/Breathe Restaurant will be Item 10.D., Item 10.C., Request for Proposals: Federal Legislative & Executive will be Item 10.E. discussion. Mayor Glickstein requested that Item 10.F. be added by addendum for At this point, Commissioner Jacquet left the dais. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 4 04/02/13 At this point, Commissioner Jacquet returned to the dais. 9. CONSENT AGENDA: City Manager Recommends Approval. 9.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.B. 9.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.A.A. 9.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.C. 9.D. AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY /CONCENTRA HEALTH SERVICES, INC.: Approve Amendment No. 1 to the Agreement for Services at a Worksite Medical Facility with Concentra Health Services, Inc. to provide certain healthcare services at the Employee Health and Wellness Center for the Town of Highland Beach's full -time Police Officers. 9.E. GRANT PROPOSAL: PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO): Provide authorization to submit a Transportation Alternatives Program grant to the Palm Beach Metropolitan Planning Organization (MPO) for the purpose of funding beautification improvements along N.E. 2nd Avenue /Seacrest Boulevard from N.E. 8th Street/George Bush Boulevard north to Gulfstream Boulevard. 9.F. CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL)/ DAC AIR CONDITIONING, CORPORATION: Approve a Contract Closeout (Change Order No. 1 /Final) in the amount of a $9,963.00 decrease and final payment in the amount of $22,332.10 to DAC Air Conditioning Corporation for completion of the Police Range Ventilation Project. Funding is available from 334 - 2111 -521 -64.90 (General Construction Fund: Machinery Equipment/Other Machinery/Equipment). 9.G. RESOLUTION NO. 22 -13: LOCAL HOUSING ASSISTANCE PLAN LHAP : Approve Resolution No. 22 -13; adopting the Local Housing Assistance Plan (LHAP) for Fiscal Years 2013 -2016. The caption of Resolution No. 22 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907- 420.9079, FLORIDA STATUTES, AND RULE CHAPTER 67 -37, FLORIDA ADMINISTRATIVE 04/02/13 CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 22 -13 is on file in the City Clerk's office.) 9.H. HOUSING REHABILITATION GRANT/ CONTRACT AWARD: 102 S.E. 8th STREET: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, C J Contracting, LLC, for 102 S.E. 8th Street in the amount of $33,598.95. Funding is available from 118 - 1935 - 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation) 9.I. HOUSING REHABILITATION GRANT/ CONTRACT AWARD: 710 S.W. 5TH AVENUE: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, All Phase Roofing & Construction for 710 S.W. 5m Avenue in the amount of $27,231.75. Funding is available from 118 - 1935 - 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). 9_J. GRANT AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve a grant agreement between the City and the CRA for grant funding for the FED Cup Tie in the amount of $75,000.00. 9.K SPECIAL EVENT REQUEST /16TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 16t Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 25 - 26, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south side of the entrance to Atlantic Grove townhomes and use of the Tennis Center parking lot and North parking lot at City Hall; and to provide staff support for traffic control and security, barricading and fire inspection services. The estimated cost of the event, which the sponsor is responsible for, is $3,935.00. 9.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 18, 2013 through March 29, 2013. 6 04/02/13 9.M. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Alan Jay Automotive Network in the amount of $228,802.00 for the replacement of eight (8) vehicles for the Police Department. Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery /Equipment/Automotive). 2. Purchase award to Parker Systems, Inc. in the amount of 104,774.00 for the installation of Digital Payment Technologies' Multi -Space parking meters for the Old School Square Garage for weekend collection. Funding is available from 334- 3162 -545- 64.90 (General Construction Fund: Machinery/ Equipment/other Machinery/ Equipment); Community Redevelopment Agency (CRA) will fund an amount not to exceed $75,000.00. 3. Bid award to Unique Transportation for the provision of Trolley service operations. Funding is available from 001 - 3151 - 545.34 -90 (General Fund: Other Contractual Services). Mrs. Gray 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 Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10. REGULAR AGENDA: 10.A.A. SERVICE AUTHORIZATION NO. 12- 03 /KIMLEY -HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 12 -03 with Kimley -Horn and Associates, Inc. in the amount of $24,200.00 for the design of Block 117 Garage Study Project. Funding is available from 334 - 3151 -545 -31.90 (General Construction Fund: Professional Services /Other Professional Services). Victor Majtenyi, Deputy Director of Public Utilities, stated this item is a service authorization to Kimley -Horn to perform a study on a City -owned parking lot that does not meet the standards under the LDRs. Mr. Majtenyi stated the lot is south of Atlantic Avenue one block on the east side of northbound Federal Highway. The lot requires upgrades with respect to lighting, landscaping islands, resurfacing, some drainage work, and side lighting. He stated the lot was identified on the Downtown Master Plan as an area that could be potential for a parking garage. Mr. Majtenyi stated some of the options to consider are a stand -alone parking garage, a mixed -use parking garage with retail space, and one with mechanical type features. Mrs. Gray stated the parking study was done recommending that we should look at the possibility of having a garage. Mr. Majtenyi stated it was in the Master Plan not the parking study. He stated the parking study mentioned spaces that would be prime uses for parking garages like this kind mechanical type parking garage and can be an option that can be considered. Mrs. Gray inquired about the RFP that went 7 04/02/13 out in February. Diane Colonna, Executive Director of the Community Redevelopment Amu (CRA), stated the property that was part of the Request for Proposal (RFP) does not include this lot. Ms. Colonna explained that this lot is south of Mellow Mushroom and the RFP was for the site between 4m and 5m which includes the old library building, Chamber of Commerce, and a different public parking lot. She stated this lot is identified in the Downtown Master Plan and it was in the parking study as a potential location for a parking garage. Ms. Colonna stated this is not a study of parking but is a study of the feasibility of constructing a garage on this site. She stated there is a demand for public parking on this side of town and there is a high demand for it and the City already owns the property. Mayor Glickstein asked if there has been a conceptual analysis as to whether this property can accommodate circulation required for a lot that has alley access as well as US -1 access. Mr. Majtenyi stated he believes that is encompassed in the study. Mayor Glickstein asked if there is any other City owned property on the east side of US -1 that would accommodate a parking structure. Ms. Colonna stated she does not believe there is. Mrs. Petrolia asked when the CRA was considering the library was that also a possibility of having a parking garage there too. Ms. Colonna stated the RFP for that property requires that they provide 50 public parking spaces either on that site or within 300 feet because there are approximately 80 public parking spaces on that site that will be gone once the new development is constructed. Mrs. Petrolia inquired about the cost of the service authorization $24,200. Mr. Majtenyi stated the City has a continuing contract with various consultants and they are one of the consultants of the contract. Mrs. Petrolia asked what it would take to upgrade the existing parking lot to bring it up to standards. Mr. Majtenyi stated it would be approximately $70,000 - $80,000 for design and another $200,000 4300,000 for the construction of the improvements (i.e. lighting, adequate drainage, landscape improvements, irrigation). Mr. Glickstein stated if the feasibility is there would this be a CRA funded project. Ms. Colonna stated this project would be partly funded by the CRA. Mrs. Gray stated with regard to the old library site if they are building something and there are not enough parking spaces would the parking spaces be available to them. Ms. Colonna stated it is possible that a contribution to building parking could be considered. Ms. Colonna stated if that would be considered the CRA would have to come back before the Commission because part of the agreement was that in the RFP the CRA would require those 50 spaces to be replaced and that they could be within 300 feet. Ms. Colonna stated with the old library RFP it might work out if the plans were well along for this to be constructed perhaps joint use could be worked out. Mr. Jacquet asked how many parking garages are there between Swinton Avenue and Federal Highway. Ms. Colonna stated there is the Bob Federspiel Garage and the Old School Square Garage. Mr. Jacquet asked for clarification regarding the cost 8 04/02/13 of the service authorization of $24,200. Ms. Colonna stated this amount includes looking at the site, to lay out how the spaces might fit, should the CRA consider mechanical style parking of a structured garage, where would the access points take place, how many spaces could you get there, consider some funding mechanisms and a cost estimate. Mr. Jacquet asked if staff consulted anyone else who can do it for less. Mr. Majtenyi stated due to the Consultant Negotiation Act (CNA) the Commission went through a process about 1' /z years ago and short listed five (5) consultants on a rotation basis and each one has their specialty. Mr. Jacquet stated we have a major parking issue in the city and believes that perhaps that site could potentially be a good spot for a parking garage or more parking. Mr. Jacquet expressed concern over the amount of money that is being spent on consultants; however, he understands the need for more parking around downtown. Mayor Glickstein concurs with Commissioner Jacquet regarding the amount of money that is being spent on consultants. Mayor Glickstein stated this is uniquely situated for public parking because it does have alley access and Federal Highway access and it is in an area that is desperately in need of more parking. He stated that fee as a feasibility study for the scope of this work does not strike him as being unreasonable. Mr. Frankel moved to approve the Service Authorization No. 12 -03 with Kimley -Horn and Associates, Inc. for the design of Block 117 Garage Study Project, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — No. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.A. REQUEST FOR PROPOSALS: FEDERAL LEGISLATIVE & EXECUTIVE LOBBYING SERVICES: Provide direction regarding the City moving forward to select a firm to provide Federal Legislative & Executive Lobbying Services. Richard Reade, Sustainability Officer, stated staff began the RFP process several months ago and they are coming back to the Commission to receive direction on how to go forward with this potential project. Mr. Reade briefly reviewed the RFP process and explained that the template agreement that would be potentially used as a foundation for the agreement with the selected vendor and the overall format. Mr. Frankel asked if because of the length we received less people bidding. Mr. Reade stated they are not allowed to speak to the vendors. The City Attorney stated staff can take a look at it and try to narrow it down but once we try to do that they are going to have to give up something in there. He stated depending on the direction that the Commission gives staff tonight they can rebid it; however, the item before the Commission this evening is just direction. The City Attorney stated staff can modify the RFP and bring it before the Commission at a Workshop meeting before it goes out if this is what the Commission wishes to do. 9 04/02/13 Mrs. Gray asked if staff only had one RFP to compare it to. Mr. Reade stated staff used a few RFP's but felt that the one in Broward met a lot of the City's needs and in the evaluation criteria it matched a lot of the language of what we needed it to say for our needs. The City Attorney stated it is up to the Commission to decide whether or not they would like staff to make some changes to the RFP in hopes of getting more responders then that would be a valid reason for not awarding the RFP. Mrs. Petrolia stated she believes that Delray Beach has given a pretty strong message that this town is not an easy town to get a bid in and feels that we might have sent the wrong message out. She suggested talking to some of the local towns and municipalities and find out what they are getting as a response for RFP's and see if we are off and it is more like people not wanting to come here to do their bid. Mrs. Petrolia stated if the lobbyist is suggesting that the 40 pages of paperwork is too much maybe he can simplify it so that we can reach out and get more response. Mr. Jacquet cautioned the Commission to not take the words of one potential lobbyist who says it is too long and he is curious to hear from others to see what it is that we can do to find the best lobbyist for the town. The City Manager stated there are a variety of different reasons why we end up having items included in an RFP mostly for the protection of the City. He stated the City's intent is to put the City in the most favorable position when it sits down to negotiate these contracts with the individuals and know what product we are actually contracting for. The City Manager stated often times you have the greatest difficulties with a contractor in uncertainties about what is the exact deal. Mayor Glickstein stated in contracts with service providers there are two components; contract language and a scope of work. Mayor Glickstein stated from his perspective the scope of work is where you have garbage in or garbage out or you have a quality scope of work where the expectations of the City and the service provider are clear and you avoid problems that way. He stated he does not want to see a situation where we are tailoring an agreement to a particular lobbyist; he believes there is some validity to the comment that using big lobbying firms for a smaller city is maybe not the direction that we go but maybe that we alienate smaller lobbying firms where we can get more personal attention. Mayor Glickstein stated the Commission would like more feedback both from cities as well as lobbyists that are dealing with these contracts on a regular basis. Mr. Peterson stated he understands there are a lot of legalities the Commission has to go through for RFP's and the insurance provisions are among the biggest things. He stated the City has excluded a large part of the lobbying community. Mr. Peterson stated lobbying more than any other RFP is the most personal services. Mr. Peterson stated one of the firms is the biggest lobbying firm in Washington, D.C. and others have a specialty in Florida communities. 10 04/02/13 Mr. Reade stated staff was very specific on some of the priorities that we had in particular grant funding, appropriations, beach renourishment and transient/sober house issues. He reiterated that staff did ask for specific information on how they were able to provide those services and this could have been a reason for people not responding as well. Mr. Frankel commented about page 38 of the Request for Proposal and stated there are 30 Federal subject issues. Mr. Reade stated inside of the evaluation criteria and the detailed scope of work is where staff was more detailed about those issues. Mrs. Gray stated she concurs with comments expressed by her fellow Commissioners and the Mayor. However, Mrs. Gray stated with the CDBG dollars being up for grabs and she feels the taxes need to come back to the City including those from online businesses. Mr. Frankel suggested that this be discussed at the Goal Setting on April 15, 2013. The City Attorney stated this item cannot be discussed at the Goal Setting meeting. After brief discussion, it was the consensus of the Commission to give staff direction to obtain information from other cities and bring this item back on a Workshop meeting. At this point, the time being 7:20 p.m., the Commission moved to Item 10, the duly advertised Public Hearings portion of the Agenda. 11. PUBLIC HEARINGS: 1LA. ORDINANCE NO. 07 -13: Consider a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Marketplace (former Ralph Buick Dealership property), located at 2501 South Federal Highway. (Quasi- Judicial Hearing) The caption of Ordinance No. 07 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AND FLADELL' S WAY (AVENUE "F "), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY 11 04/02/13 BEACH, FLORIDA, JANUARY, 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 07 -13 is on file in the City Clerk's office.) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -083 into the record. Mr. Dorling stated this is a privately- initiated rezoning from AC (Automotive Commercial) zoning to PC (Planned Commercial) for the Delray Marketplace located on the east side of Federal Highway west of Florida Boulevard at 2501 S. Federal Highway. He stated the auto dealership moved from the site many years ago. Mr. Dorling stated this is a 6.1 acre site with three (3) existing unoccupied buildings. In 2005, Mr. Dorling stated this site was proposed for a mixed use development and rezoned from AC (Automotive Commercial) to GC (General Commercial) which included retail office and some housing units. He stated there was also an associated conditional use approval for the stand -alone townhouse component of that which received approval on April 4, 2006 from the City Commission. Mr. Dorling stated it also received a conditional use approval from SPRAB on May 24, 2006. He stated that development was never completed and in April 2008 it was rezoned from GC to AC and it continues to be AC at this time. On September 7, 2010, there was a proposal to rezone it again to GC (General Commercial) in association with a proposed Wal -Mart. Mr. Dorling stated that came to the Commission on first reading and was moved forward and the applicant withdrew the application part of the second reading. As a related item in September 2012 the City Commission adopted the South Federal Highway Redevelopment Plan which included everything from Linton Boulevard to the City limits. Mr. Dorling reiterated that this Plan adopted by the Commission suggested that rezoning from AC to PC be provided or accomplished on this site and that this site was appropriate for a commercial shopping center or mixed use development. Mr. Dorling stated one of the concerns when it was a Wal -Mart was little control over the site. He stated those concerns have been addressed with the adoption of the South Federal Highway Plan which included items like maximum tenant sizes, increased setbacks, buffering 12 04/02/13 requirements, operational restrictions on loading times and the like. At its meeting of February 25, 2013, the Planning and Zoning Board recommended approval with a 5 to 1 vote. Several people from the public spoke on a concern relating to a potential site plan that may follow for a flea market. Bonnie Miskel, 5355 Town Center Road, Suite #801, Boca Raton, FL 33486, representing the petitioner, stated when the South Federal Highway Redevelopment Corridor came through there are a number of residents that surrounded the area that spoke on behalf of a change and the PC was supported in in -lieu of GC because there were more restrictions and constraints enabling some of the protection that the neighbors were seeking at the time. Ms. Miskel stated this request is consistent with what was adopted last September and is more compatible with the neighboring community. She stated the property owner at the time that owns the Ralph Buick site had concerns about the recommendation that was being made to rezone from AC to PC and they were concerned about a depravation of some private property rights and they wanted to enjoy the same benefits that were being proposed for the AC across the street to allow the AC properties to continue to be AC but also enjoy PC. Ms. Miskel stated it was clearly recommended that this property be rezoned from AC to PC because of the community to the east. Ms. Miskel stated their application is consistent with the recommendations and the Redevelopment Plan adopted last September. Ms. Miskel stated not only have conditions changed from a market perspective but they have also changed from a regulatory perspective. Secondly, Ms. Miskel stated the current zoning is inappropriate as a result of those changed conditions and the proposed zoning is more consistent and compatible with the underlining land use of GC (General Commercial). At this point, Ms. Miskel stated she met with Commissioner Gray and noted that it was about a proposed use that they were discussing at the time. Ms. Miskel stated there was some discussion about a flea market and her client wishes to do a retail use. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the ordinance, to please come forward at this time. Lloyd Milner, 919 Jasmine Drive, Delray Beach, FL 33483, stated he attended the zoning hearing where the Planning Director spoke and at that previous hearing he stated he was in favor of changing this to a commercial site. However, Mr. Milner stated Mr. Dorling stated he was not in approval of the flea market or anything that was similar to a flea market. Mr. Milner stated the applicant felt he could do anything he wanted once he got this rezoned and has already set up a boardwalk. Mr. Milner entered photographs into the record that was taken the other day. He urged the Commission to delay a decision on this rezoning until it is worked out. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated in the South Federal Highway Master Plan it calls for this site to be PC Planned Commercial). Ms. Morrison stated PC gives it more definition for a large scale 13 04/02/13 project. She stated the City's LDRs for a PC zoning still allow so many things that are not conducive to Delray Beach's lifestyle. Ms. Morrison urged the Commission that if they move forward and try to approve this tonight to put stipulations in that the LDRs have to be reviewed and updated to not allow uses that are not conducive to Tropic Isle or Delray Beach in general. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated if the applicant does not want to supply a plan first on their own then the Commission could just say "no ". Dr. Kirson urged the Commission to require that the applicant show us what they got or turn them down because that will protect Tropic Isle. Bob Ledbetter, 913 Iris Drive, Delray Beach, FL 33483 (Tropic Isle), stated Delray Place is proposing an upscale project that will make the entire city much better as opposed to a flea market. There being no one from the public who wished to address the Commission regarding Ordinance No. 07 -13, the public hearing was closed. Ms. Miskel stated there is no application for a flea market before the Commission and noted it is a conditional use approval so if they chose to do it in the future they would have to apply for that. Ms. Miskel stated at this point her client does not intend to do so. Mrs. Petrolia commented about the photographs and the number of storage sheds that are stored on the property. Ms. Miskel stated they originally met with the Tropic Isle Association members and at the time her client proposed a different type of retail and it was going to be within the buildings that are existing there today and they were going to refurbish and improve them significantly. Furthermore, Ms. Miskel stated there was going to be a key -west art like village concept. She stated they did not get much feedback from the neighborhood and those that did comment were not enthralled with it. At this point, Ms. Miskel stated the applicant wants to open and use the facility that exists there today and refurbish it and start leasing space for retail uses. Ms. Miskel stated this is not a flea market application and they are doing what they were instructed to do through the Redevelopment Plan. Mr. Dorling stated PC is the most appropriate zoning and he anticipates that the applicant will suggest that what they are doing is not classified as a flea market. Mr. Dorling stated the applicant is going to move forward with something that he believes is a flea market without having to go through the additional process other than go to SPRAB. He stated at SPRAB there would also be some safeguards that it needs to be consistent and compatible with the neighborhood. Mrs. Gray stated several years ago there was a flea market on the north end of Federal Highway and asked if adult entertainment facilities are allowed. Mr. 14 04/02/13 Dorling stated it is a category that is allowed as a conditional use appropriate in some places and not appropriate in others. Mr. Dorling stated the City does allow as a permitted use adult entertainment but it is structured to such a degree that the City does not have any and he does not anticipate getting any. Mr. Dorling stated that was formulated legally many years ago with he and the City Attorney. He stated you can open an adult entertainment establishment if you do not serve alcohol and do not tip. Mr. Dorling stated staff does not believe they are going to get any but they are a permitted use. Mr. Dorling stated this was done because legally the City is obligated to provide opportunities for them within the city. Mrs. Gray asked if this could also be done for the flea markets. Mr. Dorling stated he would have to work with the City Attorney to see if the same requirement applies. The City Attorney stated if the Commission feels that the rezoning does not meet the criteria set forth in the applicable sections of the LDRs: 2.4.5(D)(5), Required Findings 3.1.1. and 3.2.2., then the Commission can deny the request. Mayor Glickstein asked the criteria is for denial. The City Attorney stated before the Commission is just the rezoning and what the rezoning entails is if it is rezoned to PC then they are allowed the permitted uses and they are also allowed to apply for the conditional uses. Brief discussion by the Commission and the City Attorney followed. Ms. Miskel stated this Commission adopted a Plan that told them they had to go to PC. Ms. Griffin stated she believes this speculated from the Wal -Mart to protect the community and the Commission did act as a result of the Wal -Mart to protect the community and there were things in there that were not part of the standard PC previously. She stated the community was engaged in the dialogue and attended those meetings and stated they would rather have PC than AC. Ms. Griffith stated they recognize that they either need to be able to do retail as it is defined in the LDRs or come back and ask for either variances or a conditional use approval but the only thing that they are allowed to do by right is retail. Janice Griffin, Corporate Counsel for Delray Auto Investors, stated they were informed by the City that they had to rezone this property to PC. Mrs. Gray stated the public spoke about this one year ago and feels that staff needs to work on the City's LDRs. Mayor Glickstein expressed his disappointment for the lack of planning and the substitution of the lack of planning that is going on in the Planning Department. Mayor Glickstein stated he is disappointed that the Commission is between a rock and a hard place in terms of approving something that they do not want to approve because of the legality and the record that is already established. 15 04/02/13 Mr. Jacquet stated he understands there is a Plan and it states that PC is most appropriate for that location; the same Plan also mentions mixed use is best for that area with mixed retail and residential. Mr. Jacquet stated what he does not want to allow happen is what happened with a motel on South Federal Highway that the Commission denied and the applicant was still doing business even after the Commission denied the request. Mr. Jacquet stated he does not like when people come into town and start to do things before they get approval or when the Commission denies a project and they still continue doing things. Mr. Jacquet suggested that the City review the LDRs not just PC but other zoning designation as well. Mr. Jacquet stated he feels a little uneasy with this because the Commission is put in a very tough position. Mr. Frankel stated the comments made this evening about Wal -Mart are very unfair and that was not an easy decision for himself or the rest of the members of the Commission. Mr. Frankel stated he feels the Commission is bound by the law; however, he concurs with Mayor's Glickstein's suggestion that the LDRs need to be reviewed. The City Attorney stated the Commission adopted a Plan that said they would like to see PC zoning there and that is what the City asked the applicant to come back with. Mayor Glickstein stated tonight there was one speaker who spoke not necessarily against the PC but against the current intentions as demonstrated by the photographs. Mayor Glickstein asked for further elaboration on the public hearing where the decision was made by the City Commission at that time to rezone it PC and asked how we got from there to what they have now in terms of the Commission's approval of that Plan. Mr. Dorling stated it initially was a recommendation by staff and there was a discussion of it potentially being SAD or PC and that discussion ended up with PC being the desired solution. Mr. Dorling stated it is now AC which allows auto uses and backs up against the neighborhood and commercial use and /or a mixed use would be more appropriate there than auto use. Mayor Glickstein stated there was a Chamber full of people who did not like Atlantic Plaza and asked if there were a Chamber full of people who did not want PC zoning. Mr. Dorling stated there was not a Chamber full of people that were opposed to PC zoning; it was adoption of a Plan that had several elements. Mayor Glickstein clarified that the context of that was the South Federal Redevelopment Plan it was not necessarily this property specifically like it is tonight. Mrs. Gray stated during that period of time there were several meetings concerning the zoning of all of those properties and reiterated that this is part of a Plan that the Commission adopted and feels that we should move forward with it. Mr. Dorling stated when the Plan was presented five areas were highlighted and specifically identified as changes that were an effect of this Plan. 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). 16 04/02/13 Mr. Frankel moved to adopt Ordinance No. 07 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Jacquet — No; Mr. Frankel — Yes. Said motion was DENIED with a 3 to 2 vote, Commissioner Gray and Commissioner Frankel dissenting. At this point, the time being 8:29 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 06 -13: Consider a privately initiated Future Land Use Map amendment — small scale from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for MD Now Delray Beach, located on the north side of Linton Boulevard, west of S.W. 4m Avenue at 601 Linton Boulevard. If passed, a public hearing will be held on April 16, 2013. office.) The caption of Ordinance No. 06 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO GC (GENERAL COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD 660 FEET WEST OF SW 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 06 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 17 04/02/13 Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately- initiated Future Land Use Small Scale Amendment and Rezoning for MD Now located on Linton Boulevard. Mr. Dorling stated the change is from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) District. He stated this is a 0.49 acre property containing a single family home that was annexed into the City with R -1 -A zoning. Mr. Dorling stated when the City adopted the Redevelopment Plan for the surrounding area it retained an R -1 -A zoning as a holding zone. On January 3, 2006, it was rezoned to RM and it continues to be RM at this time. At its meeting of March 18, 2013, the Planning and Zoning Board recommended approval. Staff recommends approval and positive findings are made in the staff report. Mr. Jacquet stated he would like to know the Fire Chief s opinion on second reading how that can potentially affect the ingress /egress of fire trucks. Mrs. Gray moved to approve Ordinance No. 06 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 08 -13: Consider a city- initiated amendment to the Land Development Regulations (LDR) Section 4.4.13 "Central Business District (CBD) ", Subsection 4.4.13 (G), "Supplemental District Regulations ", Subsections 4.4.13 (G) (1), "Central Core and Beach Area Supplemental Regulations" and 4.4.13 (G)(2), "West Atlantic Neighborhood Supplemental District Regulations ", to provide for parking regulations governing call centers. If passed, a public hearing will be held on April 16, 2013. The caption of Ordinance No. 08 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTIONS 4.4.13 (G)(1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS AND 4.4.13 (G)(2) "WEST ATLANTIC NEIGHBORHOOD SUPPLEMENTAL DISTRICT REGULATIONS" TO PROVIDE FOR PARKING REGULATIONS GOVERNING CALL CENTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 18 04/02/13 office.) (The official copy of Ordinance No. 08 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City - initiated amendment to the LDRs which will require the same parking requirement for Call Centers located in the CBD commensurate with those allowed elsewhere throughout the city. Mr. Dorling stated there was a change in mid -2011 to identify by definition Call Centers and to apply parking ratio which was significantly more than a standard office facility. He noted by the nature of these facilities you can put 8 -10 people in 1,000 square feet whereas within a normal office you can put in four (4) employees to 10,000 feet. At its meeting of March 18, 2013, the Planning and Zoning Board recommended approval. Mr. Dorling stated the current regulations are one (1) space per 300 square feet within the two blocks north and south of Atlantic Avenue and in West Atlantic Avenue as well in the CBD. Mrs. Petrolia asked what this is being changed to. Mr. Dorling stated this is being changed to two (2) spaces per 1,000 square feet of gross floor area plus one space per work station as identified in the related floor plan. Mrs. Gray inquired about the spaces. Mr. Dorling stated it would be two (2) spaces per 1,000 square feet of gross floor area and then you would count the number of desks and apply space for each desk. Mrs. Gray clarified that this will include the Central Core and the West Atlantic Avenue neighborhood sections of the CBD to supply more parking spaces for a Call Center. Mr. Dorling stated in the West Atlantic area the City requires six (6) per 1,000 for restaurants and in certain other areas it is twelve (12) per 1,000. Mrs. Gray stated the City is not all parked out on West Atlantic Avenue and does not feel this should be applied right now because it is not like the Central Core downtown. Mrs. Gray suggested that the language be amended to eliminate West Atlantic Avenue and leave it as is because the problem is in the Central Core. The City Attorney stated the Commission can adopt the ordinance with the provision that the Call Centers be removed from the section regarding the West Atlantic neighborhood supplemental district regulations. Mr. Jacquet stated he agrees with the amendment as proposed by Commissioner Gray but wants everyone to keep in mind what will we do about parking when hopefully as we all want parking will become an issue on West Atlantic Avenue as well. 19 04/02/13 Mr. Frankel moved to approve Ordinance No. 08 -13 on FIRST Reading with Commissioner Gray's amendment, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:43 p.m., the Commission moved back to Item 10.11. of the Regular Agenda. 10.11. SERVICE AUTHORIZATION NO. 12 -02 /CALVIN, GIORDANO AND ASSOCIATES, INC.: Approve Service Authorization No. 12 -02 with Calvin, Giordano and Associates, Inc., in the amount of $123,382.42 for the design of S.E. 2nd Street - Swinton -S.E. 3rd Avenue project. Funding is available from 334 - 3162 -541 -68.30 (General Construction Fund: Other Improvement/ S.E. 2nd Street — Swinton — S.E. 3rd Avenue). Victor Majtenyi, Deputy Director of Public Utilities, stated this is a request for a service authorization to Calvin Girodano and Associates, Inc. in the amount of $123,382.42 for the design of streets on S.E. 2nd Street and S.E. 2nd Avenue and at the railroad tracks there are some improvements regarding drainage, street lighting, utilities, beautification, and a pervious parking lot of the east side of the railroad. Mr. Jacquet applauded the City and the CRA for paying some attention to that area. He stated there is a segment from S.E. 2nd Street to S.E. 4th Street and asked why it does not go through to S.E. 4th Street. Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), stated part of it is available funding because originally when the CRA was looking at doing all the improvements in the Osceola Park neighborhood there was going to be a tax assessment district that was going to pay for part of the improvements. Ms. Colonna stated there are two alleys to the south that are also going to be paved this year. Mr. Jacquet asked if there are plans in the immediate future to do that last strip to continue from S.E. 2nd Street to S.E. 4th Street. Ms. Colonna stated the CRA is doing a budget amendment now and they can look to see if there is another project that is not being done and modify this service authorization. Mr. Jacquet moved to approve Service Authorization No. 12 -02 with Calvin, Giordano and Associates, Inc. (formerly Item 9.A.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10.C. SERVICE AUTHORIZATION NO. 12- 06 /MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12 -06 to Mathews Consulting, Inc. in the amount of $69,747.00 for providing professional construction management services relating to the implementation of the Water Meter /Advanced Metering Infrastructure (AMI) System. Funding is available from 442 - 5178 -536 -64.46 (W & S Renewal & Replacement Fund: Machinery/Equipment/ Automated Meter 20 04/02/13 Reading <AMR >) Victor Majtenyi, Deputy Director of Public Utilities, stated this is a Service Authorization to provide construction management services for the advanced meter reading infrastructure that has currently been awarded Contract 1 for the infrastructure, Contract 2 which is the installation contract for the infrastructure which is the meters and towers, servers, and the specifications that the vendor is supplying. Mr. Jacquet asked if this is the first contract that the City has given to Mathews for the meter readers. Mr. Majtenyi stated Mathews was given service authorizations for developing the Contract 1 which is the specification for the infrastructure itself and the vendor. Mr. Jacquet stated it seems that the City wants to move forward with these remote readers that you can drive down the street and be able to read. Mr. Jacquet expressed concern that the meter readers have continuously told him that they do not like them and there are too many issues with ones the City currently has on the beach. Mr. Jacquet expressed concern that this may potentially cost the City more money in the long run and give us more work to do. Mr. Majtenyi stated the City currently has the drive -by read which the City has systematic problems with and explained that this is going to be a new system and vendor and the advanced meter reading which will be using towers to transmit the information. Mr. Majtenyi stated they are not looking to eliminate any positions but this should work and satisfy the issues that the City has had. Mr. Jacquet asked if the Commission goes ahead with this there will not be anyone losing their jobs. Mr. Majtenyi stated that is not the intent and staff is always looking to reassign people for other duties that are ongoing. Mayor Glickstein asked if there is any recourse against the vendor that supplied the meters that were supposed to work that do not work based on ride by. Brief discussion by the Commission followed. Mr. Frankel moved to approve Service Authorization #12 -06 to Mathews Consulting, Inc. in the amount of $69,747.00 for professional construction administration services related to the Water Meter /AMI System Implementation (formerly Item 9.C.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.D. WAIVER REQUEST/DELRAY PLACE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.25(C)(2), "Alternative Processing ", for the establishment of an SAD zoning district, to allow second reading of Ordinance No. 41 -12 to occur greater than 180 days after first reading, pertaining to the rezoning of Delray Place, a proposed commercial shopping center located at the southeast corner of Linton Boulevard and South Federal Highway located at 1801 and 1845 South Federal Highway. (Quasi- Judicial Hearing) The City Attorney stated this is in two parts; the first part is a waiver request that the applicant is asking and the reason there is a sub -item is that this item 21 04/02/13 came before the Commission in January and the Commission at that time approved deferring this to a time period not to exceed May 5, 2013. The City Attorney stated the applicant is requesting that under the terms of the waiver; however, the City Attorney stated in abundance of caution he recommends that the Commission take action on the deferral as well as them making a motion prior to that saying that the Commission cannot exceed May 5, 2013. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received an email from an attorney forwarded by Mr. Lynne representing residents of Tropic Isle. Mrs. Gray stated she had communications from Mr. Lynne asking her if she had any questions to give him a call. Mrs. Petrolia had no ex parte communications to disclose. Mr. Jacquet stated he had communication with Dr. Kirson and Mr. Lynne. Mayor Glickstein stated he received an email from Mr. Lynne to which he did not respond. Mayor Glickstein stated he found this offensive and does not think that presuming or assuming anything of an elected official is good practice and asked that it discontinue. Paul Dorling, AICP, Director of Planning and Zoning Department, entered the Planning and Zoning Department project file #2012 -059 into the record. Mr. Dorling stated this is waiver to LDR Section 4.4.25(C)(2) "Alternative Processing" the alternative processing which will allow second reading of Ordinance No. 41 -12 to occur greater than 180 days after the first reading. He stated this is for the Delray Place Shopping Center at the southeast corner of Federal Highway and Linton Boulevard. Mr. Dorling stated this was before the Commission for first reading on November 6, 2012, and a site plan was to be included as part of the SAD ordinance. He stated that was considered by the Site Plan Review and Appearance Board (SPRAB) on December 12, 2013, and a recommendation of denial was forwarded. Mr. Dorling stated they appealed that recommendation and it was forwarded back to SPRAB for reconsideration and the appeal was dropped and the process of revisiting the site plan has occurred over the following months. On March 13, 2013, SPRAB looked at a revised plan and deferred approval on that plan with direction to the applicant to address some issues and they will not be able to get back before the original 180 day timeframe and they are asking a request to defer to no later than the second City Commission meeting in July tentatively set for July 16, 2013. He stated there were seven waivers that were either approved or received a recommendation of approval to City Commission at that time. Mr. Dorling stated the required findings under the waiver section on 2.4.7(B)(5) are identified in the report and a positive finding is made. Jeffrey Lynne, Attorney with Weiner, Lynne and Thompson, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33483 (representing the applicant), stated the process that brought everyone here tonight started a long time ago when this site was sought for rezoning and Tropic Isle residents came forth and expressed concern because they did not know what was going there. Mr. Lynne stated there are other cities that have a universal conditional rezoning process whereby any rezoning travels with the site plan and is contingent upon that and feels it would alleviate a lot of the concerns if adopted by 22 04/02/13 Delray Beach. He stated there was concern expressed about what would happen at a hearing that was continued to April of last year and the Commission suggested exploring the SAD process. Mr. Lynne stated they have had numerous meetings with Tropic Isle residents, meetings with Mr. Ron Collins who represents the property owners who live closest to the property sent Mr. Ron Hoggard an email expressing their support for what they are asking for tonight and another reason that the applicant is requesting that this be pushed back is because he is going to be out of town and out of respect for representation of his clients he wants to be at all hearings. Based on the last SPRAB hearing, Mr. Lynne stated they are down to resolving one issue; on the northwest corner the City views this as the gateway to this part of the city on Linton Boulevard and there was a bank building planned for that site and SPRAB asked that they come back and reconfigure that particular corner parcel and how that worked with parking. Mr. Lynne stated based on SPRAB's schedule and the Commission's schedule they are not going to be able to get back before the Commission by May 5, 2013 which is under the SAD code 180 days from the first reading. Mr. Lynne stated they anticipate going before SPRAB May 8, 2013 and then come before the City Commission on May 21, 2013. Therefore, Mr. Lynne requests that the Commission grant the waiver from the 180 day limitation and grant them until the second reading in July 2013 to come back to the Commission. Mr. Lynne stated they do anticipate coming back earlier than July; however, they would like the buffer room in an abundance of caution. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver request for Delray Place, to please come forward at this time. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated the developer has met with the neighbors numerous times and agrees with the neighbors that this should be extended for this project so that the developer can finish up. At this point, there being no one else from the public who wished to address the Commission, the public hearing was closed. There was no rebuttal or cross - examination. Mr. Jacquet stated he was originally the one that made a motion to extend the time on this for April 3, 2012 six (6) months until October 3, 2012. He stated in August 2012 and it was anticipated that it would be done by September 7, 2012. Mr. Jacquet stated the Commission came back November 6, 2012 and there was supposed to be a second reading on December 11, 2012. He stated he understands the crunch of time with SPRAB needing to do their job and the May 5m deadline. Mr. Jacquet asked if those extensions had been in line with what we are doing now or was that something completely different. 23 04/02/13 Mr. Lynne stated before he was involved with the project prior to the April 2012 hearing at which point a Commissioner suggested the project go to SAD similar to how it was suggested this evening for that other parcel. He stated a conceptual site plan may be developed but a site plan is not prepared to submit and because SAD requires that you submit a site plan and this takes time. Mr. Lynne stated the City said within six (6) months you need to come back with your plan and submit within six (6) months. Mr. Lynne stated the record is clear in the minutes that by six (6) months from April which is October they had to submit their complete package for SAD. He stated they thought they would get there by September 7, 2012 but in an abundance of caution they came before the Commission in August asking for a cushion of time just in case something happens just to submit which granted them six (6) months from August. Mr. Lynne stated two weeks later they submitted their application. Then, Mr. Lynne stated they went to Planning and Zoning then to first reading in November and second reading in December and SPRAB is in between. He stated most of the Tropic Isle residents are very comfortable but the ones that live closest felt that their specific needs were not being heard. Mr. Lynne stated they went to SPRAB and the Board did not recommend approval. Mr. Lynne stated they took a denial and not knowing what to do in the SAD process they filed an appeal the next day to preserve their rights and asked the City Attorney about the process and how do they fix this. Mr. Lynne stated the suggestion was to go back to SPRAB and ask for them to reconsider the denial and move forward. Mr. Lynne stated the applicant applied for reconsideration from SPRAB and they had to ask for a continuance of the December 11, 2012 reading to January 3, 2013 at that time because it was a noticed hearing and then the applicant requested that it was deferred to May 5, 2013 as determined by the timeframe set forth in the LDRs. Mr. Lynne stated the extension of the second reading the first time until May is because the SAD ordinance states you have 180 days from first reading to second reading. Mr. Lynne stated to get the plans back to SPRAB and before the City Commission it would be May 7, 2013 at the earliest. Mr. Jacquet stated if Mr. Lynne could come back much sooner and the Commission gives them two (2) months is that something that could derail the project where they could not get in front of SPRAB in time to come back. Mr. Lynne stated they are asking for two (2) months not six (6) months. Mr. Lynne stated they are asking for the second meeting in July which is two (2) months. The City Attorney stated staff put July 18, 2013 in the Board Order two months from when it would have expired in May. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order approving the waiver request, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 24 04/02/13 10.D.1. DEFERMENT REQUEST: DELRAY PLACE: Consider a request to defer the second reading of Ordinance No. 41 -12 to no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013), pertaining to the rezoning of Delray Place, a proposed commercial shopping center located at 1801 and 1845 South Federal Highway. Mr. Frankel moved to defer Ordinance No. 41 -12, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion to defer Ordinance No. 41 -12 passed with a 5 to 0 vote. 10.E. CONDITIONAL USE REQUEST/ BREATHE RESTAURANT: Consider approval of a conditional use request to Land Development Regulations (LDR) 4.3.3 (VV)(2)(a), "24 -Hour or Late Night Businesses ", to permit Breathe Restaurant to establish a 24 -hour or late night business for an existing restaurant located at 401 West Atlantic Avenue. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received a telephone call and spoke to the owner, and was also present at the DDA meeting last week when this was discussed. Mrs. Petrolia stated she spoke to the owner. Mrs. Gray stated she spoke to the owner. Mr. Jacquet stated he spoke to the owner and has eaten at that restaurant. Mayor Glickstein stated the owner called him today and he told him he did not want to have an ex parte communication with him. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -103 into the record. Mr. Dorling stated this is a conditional use request to establish a 24 -hour or late night business for an existing restaurant named Breathe at 401 West Atlantic Avenue. He stated the project is part of Atlantic Grove and the Breathe Restaurant is located in the 3 -story building with commercial on the ground floor, office on the second floor and residential on the third floor. Mr. Dorling stated Breathe Restaurant occupied this space in 2011 and was previously Saki Restaurant and the request is to extend the operating hours from midnight to 2:00 a.m. seven days a week. He stated the way the Code is written is it is from the entire property boundary the blue line gives you 300 feet from the actual space; the 300 foot piece from the outside of the property line gets you into the R -1 -A and hence the requirement for conditional use approval. At its meeting of March 18, 2013, the Planning and Zoning Board made a recommendation with a 3 to 1 vote subject to conditions 1 -5 in the staff report. Mr. Dorling stated there was significant discussion whether this operated as per staff s definition of restaurant. Mr. Dorling stated the City's definition of restaurant requires that full service meals be provided at all times of operation. He stated there was concern that it potentially could be a bar. Mr. Dorling stated the City has a 750 foot separation between bars so in this location it could not operate as a bar. One of the conditions was 25 04/02/13 that we provide evidence that they are a bar and that evidence has been provided as an affidavit in the last page of the backup material. Mr. Dorling stated the concern at the Planning and Zoning level and at some of the other boards was that some of their social media sites and comments on those sites would potentially support something other than a meaning or definition of restaurants. He stated that the kitchen stays open late but there are a few more items on the dinner menu and the City's definition of restaurant requires the full dinner to be operating and in some of their social media sites there is a $5.00 cover before midnight. Mr. Dorling stated their security plan talks about two security persons checking ID's at the door usually that is not a function of a restaurant. However, Mr. Dorling stated they have provided that affidavit verifying that they do and will meet the City's definition subject to the other conditions. At its meeting of March 11, 2013, the Planning and Zoning Board recommended approval with a 3 to 1 vote. The Board had concerns with lighting in the parking lot and staff did a CPTED review and that same concern was not raised at that level. At its meeting of March 13, 2013, the West Atlantic Redevelopment Coalition (WARC) considered the subject request at its March 13, 2013 meeting and they did not express any specific concerns. The Community Redevelopment Agency (CRA) considered the subject property at its March 14, 2013 meeting and recommended approval subject to approval by the Condo Board and meeting the conditions of the P &Z Board Staff Report including verification that they are operating as a restaurant. At its meeting of March 20, 2013, the Historic Preservation Board (HPB) reviewed and a recommendation of approval was made to the City Commission subject to the same conditions that identified 1 -5. Mayor Glickstein stated aside from a Code Enforcement citation can the City revoke the approval to operate as requested. In response, Mr. Dorling stated he is not sure of the CRA's role in that but the same issue could be addressed on two issues; the Code Enforcement and from a deed restriction perspective. The City Attorney stated Code Enforcement should notify the property owner placing them on notice that they have a tenant in violation. Mayor Glickstein stated the City is relying on representations in the affidavit and if the affidavit proved to be false can they revoke the approval. The City Attorney stated there are certain things the City would have to follow in order to revoke the approval. The City Attorney stated from past experience the City would probably go to the property owner and go through Code Enforcement and start the liens notifying them that they are not in compliance. Jay Huebner, Planner representing the applicant, stated this came about through Code Enforcement to begin with and Mr. Hammad owns the property. Mr. Huebner stated when Mr. Hammad bought out the property and he got a license to operate the restaurant until 2:00 a.m. However, Code Enforcement informed him that he was in violation. Mr. Huebner stated they are asking to stay open between 12:00 and 2:00 a.m. He stated went to the Condo Board and got their approval saying that they have approved the operation of this restaurant until 2:00 a.m. Mr. Huebner stated there was several discussions about loud noise and noted there is a noise ordinance that is also 26 04/02/13 coming out; there is no live bands at this restaurant; their access is on Atlantic Avenue; the condo building is retail on the first floor; office space on the second floor; and the residential is on the third floor so there is a buffer between this establishment and the resident on the third floor. The restaurant is a full menu restaurant and is fully operational until when they close. Mr. Huebner stated this item has been heard and approved by the Downtown Development Authority (DDA), the West Atlantic Redevelopment Coalition (WARC), the Community Redevelopment Agency (CRA), the Historic Preservation Board (HPB), and the Planning and Zoning Board. Mr. Hubner stated being four blocks west of Swinton Avenue it is difficult to compete with the other restaurants in the downtown area. Mr. Hammad has a Mediterranean international feel to his restaurant and tries to draw crowds by having live entertainment within the restaurant. From a security point of view, Mr. Hammad met with the Police Department early on and received direction on what to do and all the appropriate measures have been put into place. Mike Hammad, owner of Breathe Restaurant (has been in Delray Beach for 20 years), and the previous business the Saki Lounge was open for 3 years until 2:00 a.m. and he applied from 11:00 p.m. — 2:00 a.m. on his occupational license. Mr. Hammad stated 1' /z years later the Code Enforcement Board requested that he comply within seven (7) days. He stated he hired a planner and a lawyer to bring the deed up -to -date. He stated for an ordinary person to do this is not fair and if the zoning people made a mistake from the beginning they should have asked him before he invested a dollar in this building. Mr. Hammad stated this is a $2.5 million project and he has lost $750,000 to stay open. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445, stated she had a wonderful time at the restaurant and they were serving food until 10:30 p.m. Ms. Anderson stated this restaurant is an asset to the neighborhood and the city. Jamil McKlein, 129 S.E. 7th Avenue, Delray Beach, FL 33483, stated he is soon to be a new business owner in Delray and it has been approximately 5 years where it has been zoned as one place. Mr. McKlein stated he is opening a new boxing/fitness gym to the City of Delray Beach. He stated there are zoning issues throughout the city and this is something that needs to be addressed. Patricia Clem, Physician in Boca and resident of Delray Beach, supports the restaurant and stated she has been there on numerous occasions for lunch, dinner, and after hour meals. For clarification, Mr. Dorling stated the Saki Lounge established themselves in 2005 and they were told that they needed to get the same conditional use. He stated they did submit that and the application was not complete and was returned to 27 04/02/13 the applicant. In 2006, Mr. Dorling stated that applicant never came back to the City. Mr. Dorling stated Mr. Hammad came into the City and got an occupational license from the Building Department and it did have hours of operation on it and there was a note put on there that operation after 12 needed to get Planning and Zoning approval but the applicant did not come in. Mr. Dorling stated the Police talked with him and he then came in the Planning and Zoning office and staff has expedited it for him. Mr. Dorling stated the other people were operating until 2:00 a.m. and staff has noted there is a history that is not problematic. Brief discussion between Mr. Dorling and Mrs. Gray followed. Mrs. Gray asked if there has been any type of instances at this location. In response, Chief Strianese stated there was one call for service in 1' /z years. Mrs. Gray stated she supports this restaurant being open until 2:00 a.m. Mr. Jacquet urged the Commission to support this business because he stated if we want to see the development in Delray Beach this is the type of business we need to be encouraging especially for West Atlantic Avenue. Mr. Frankel stated there is one other restaurant in Delray besides this one that charges a cover charge and noted he is trying to fit this in the definition of a restaurant. Mr. Jacquet stated competition with east downtown is fierce and feels that the hookah and themed nights is a way for the owner to attract people to his restaurant. Mr. Jacquet stated in order to attract people there you need to have something more than just great food. Mrs. Petrolia stated she believes the owner is operating as a restaurant and concurs with comments expressed by Commissioner Jacquet where it is difficult for the owner to attract certain clientele. Mrs. Petrolia stated when you go to a dinner theatre you are eating dinner and have to pay a cover to get in there too. She stated there is some entertainment involved here too and feels that is the difference. Mr. Jacquet moved to adopt the Board Order subject to the conditions attached to Exhibit "A ", seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion was approved with a 4 to 1 vote, Commissioner Frankel dissenting. 10.F. RECENT NOTICE OF AUDIT REGARDING COMMUNITY REDEVELOPMENT AGENCY (CRA) FUNDING (ADDENDUM) Mayor Glickstein stated he welcomes the transparency and any opportunity to talk about what the City does here. The State's Audit Committee should know that they will have the City's full cooperation. Mayor Glickstein stated as Mayor he has a duty as steward and defender of the City's cultural and economic drivers and 28 04/02/13 believes the Arts Garage to be a worthy non - profit economic driver. Mayor Glickstein stated he fully supports the CRA and its Board in their support of this evolving and relevant organization. Mayor Glickstein read a brief statement into the record. Mayor Glickstein stated with regard to the lobbying contract there is an inherent conflict of interest and requests information on that contract by the next the Commission meeting. The City Attorney asked for direction from the Commission on the public record's request and the letter to Senator Abruzzo and Senator Clemens stating that the City is going to be open and available for comment. The City Attorney stated staff can draft something for the Mayor's signature. It was the consensus of the Commission to direct the City Attorney to draft a letter to Senator Abruzzo and Senator Clemons stating that the City is open and available for comment and bring those back before the City Commission at the next meeting and that the Mayor review before the letters are sent out. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager With regard to Mr. MacNamee's comments regarding transparency, the City Manager stated he will be looking at how the City does business in general and all the actions that we do are subject to the highest standards of ethics and that they will stand scrutiny under any condition. Secondly, with regard to the consultant issue, the City Manager stated the City has an exceedingly talented staff, however, they cannot do everything. The City Manager stated consultants are a way that we can supplement our talents and abilities. He stated consultants are used for a specific task that exceed staff's abilities and is a way to help staff help the Commission to make better decisions. The City Manager congratulated Mayor Glickstein, Commissioner Petrolia, and Commissioner Adam Frankel on his re- election and he looks forward to working with the City Commission. Mayor Glickstein stated in addition to the transparency the public records requests are critically important. Mayor Glickstein stated in responding to public records requests he would like to see the City provide more information rather than trying to be limiting in the information because it immediately engenders suspicion and innuendo when that information is not forthcoming. 13.B. City Attorney The City Attorney stated the proposed sober house legislation did pass the Senate Committee and staff might have to make some modifications to it. The City 29 04/02/13 Attorney stated the City lobbyist is recommending that the City look at more of a registry rather than a license. 13.C. City Commission 13.C.1. Mr. Frankel Mr. Frankel apologized to Mr. Chapman for not including him on the email from Mr. Warner about the master calendar. Mr. Frankel stated the Chamber of Commerce used to have a website where you could go to the calendar and knew everything that was going on. He stated there needs to be one place where everyone can go to see what is happening in the city. Secondly, Mr. Frankel stated he has heard complaints from the downtown merchants and restaurateurs about closing the streets during events and festivals particularly in season. He stated the merchants and restaurateurs are not happy and suggested that this be discussed at a Workshop meeting. 13.C.2. Mrs. Gray Mrs. Gray requested an update or information regarding the Delray Beach Sports Exhibitors because they had an issue last Sunday. She stated they have been playing football by one of the City parks on S.W. 10t Avenue next to Pine Grove Elementary School for about two months and they have outgrown their expectations of what is going on. Mrs. Gray stated there was between 400 -600 people there and they are going to need help with policing. She stated the City does not want to shut them down as what happened on Sunday so she would like to know if everyone can work together to find a solution to this because this helps keep the kids off the streets and they are doing something constructive. The City Manager stated staff is already working with them and he has the assurance of the Chief of Police that staff will get them permitted properly and deal with the parking issues that the neighborhood has incurred over the past couple of weeks. The City Manager stated the activity will be able to continue and it will be properly policed with minimal impact on the neighborhood. Mrs. Gray asked who would be responsible for obtaining a permit. The City Manager stated there is an organizer who has been in contact with the Police Chief regarding the permit. The City Manager explained that there were some minor incidences but nothing of any consequence with the primary organizers. Furthermore, the City Manager stated with 400 people in attendance there were only two people who were arrested and that had nothing to do with the sporting activity. Mr. Jacquet stated that was in a span of over a two month period. The City Manager reiterated that it has been a relatively event -free activity other than the core activity. Mr. Jacquet stated this program is very positive for the youth. 30 04/02/13 13.C.3. Mrs. Petrolia Mrs. Petrolia stated she has talked to many people who have wondered why the City's beach cabana contract was renewed without a bid process. In 2012, the City Manager apparently without the approval of the Commission unilaterally exercised an option to extend that existing contract for an additional three years at $170,000. Mrs. Petrolia asked for the consensus of the Commission to place the beach cabana contract on the next regular meeting agenda so the Commission can consider their options on the agreement on a go forward basis. Mayor Glickstein stated he would like to see this discussed at a Special meeting or a Workshop meeting which is really focusing on the City's local rules regarding procurement in general which would mean an inventory of all the City's contracts in particular the ones that are on automatic renewal. He stated there are a number of contracts that are long overdue for re- bidding and stated the one contract that Commissioner Petrolia is speaking about in particular since it is revenue generating and not an expense that it be part of that discussion. 13.C.4. Mr. Jacquet Mr. Jacquet welcomed the new City Manager. Secondly, Mr. Jacquet stated this past Saturday 50 bike riders took a quick tour of Delray Beach starting in front of City Hall rode down and MILK Drive to N.W. 12th Avenue and went across to S.W. 12th on 10th on Swinton Avenue. They toured the Sundy House and made their way through the Osceola Park neighborhood across the bridge on Linton Boulevard to A -1 -A and went down Atlantic Avenue and ended at Veteran's Park. He encouraged everyone to stay active and they will be having this again soon. 13.C.5. Mayor Glickstein Mayor Glickstein commented about the email regarding Bexley Park and stated he spoke to the City Attorney about this and what the legality of this is and that the City does not really have standing to intervene. However, Mayor Glickstein stated the reason he is commenting on this is because this was an RFP where the City selected the builder and there are construction defects which are in litigation now. He stated there are a lot of first responders, teachers, and City employees that live in Bexley Park and he would be happy to sign a letter to the builder that the City's expectations were different than what we are seeing and there are many unhappy residents. Mayor Glickstein stated the builder has a higher responsibility to respond than a smaller company. It was the consensus of the Commission to support Mayor Glickstein's recommendation. Secondly, Mayor Glickstein stated at the Organizational meeting the Commission discussed the Goal Setting and supports Commissioner Frankel, Commissioner Gray, and Commissioner Jacquet regarding the productivity of that Goal Setting. Mayor Glickstein stated he has reservations because the City has no contract 31 04/02/13 with the facilitator and is uncomfortable that there is no defined scope of work in terms of what this is supposed to be. Mayor Glickstein stated in talking with the City Attorney he hopes that can be worked out although the number that he heard is approximately $15,000 and questions whether or not this facilitator is really needed at this expense especially since the City of Delray Beach is on the heels of a Visions 2020 process by which we will see the results of that within the next month. Mayor Glickstein stated if the City is looking to set goals before seeing the outcome of that he feels this may be putting the cart before the horse in terms of what the people of the city are looking for. Lastly, Mayor Glickstein stated there has been a lot of discussion about re- establishing the City's Town Hall meetings which were done away with. Mayor Glickstein stated he would like to see something scheduled the mid part of May which would also reflect the Visions 2020 Plan. Mrs. Gray stated this meeting with Lyle Sumek is very important for the City and agrees that Visions 2020 Plan has addressed some of the issues that came from the community which came from a small group of people which was guided in that. She stated the Goal Setting is very important and is useful. Mrs. Gray stated the Commission planned this a year ago and feels they should still go through it. After brief discussion, Mayor Glickstein stated he is not suggesting that the Commission do away with Goal Setting; however, he expressed concern over the timing and he would like to see specific information on what the expectations of the facilitator are. Mr. Frankel stated he is still in favor of the meeting with Lyle Sumek. With regard to the proposal to reinstitute the Town Hall meetings, Mr. Frankel suggested having one or two a week in each community meeting versus once or twice a year. Mayor Glickstein stated with regard to the Goal Setting the facilitator has already met with Department Heads and the Commission is scheduled to meet April 15, 2013. The City Attorney stated there is a draft agreement in place and asked if the Commission would like him to bring the agreement before them at the next Workshop meeting with the same fee of $200 /hr. and noted there is a scope of work in it. The City Attorney asked the Commission if they would like staff to bring this forward as a special item so they could vote to approve it or do they just want to give direction at that time. Mr. Glickstein suggested deferring to staff to finalize the contract. Mr. Jacquet agrees with comments expressed by Commissioner Frankel that the Commission take it to the people and go to different neighborhoods because he feels that by holding the Town Hall meetings at one place such as Old School Square the Commission will see the same faces. After brief discussion, it was the consensus of the Commission to proceed with the Goal Setting meeting on April 15, 2013 subject to what they see in the agreement. 32 04/02/13 There being no further business, Mayor Glickstein declared the meeting adjourned at 10:53 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 April 2, 2013, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 33 04/02/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR BREATHE RESTAURANT AT 401 WEST ATLANTIC ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on April 2, 2013. This conditional use request is to establish a 24 -hour or late night business for Breathe Restaurant located at 401 West Atlantic Avenue. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Breathe Restaurant. All of the evidence is a part of the record in this case. Findings that are required pursuant to L.D.R. Section 3.1.1 are made in Sections I and 11 below. I. COMPREHENSIVE PLAN a. Comprehensive Plan — Housing Element Policy A -11.3: This objective requires the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Is this policy met? Yes 4 No 1 b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use 1 City Commission Meeting on April 2, 2013; Item 10.E. (formerly Item 10.13) Map. The subject property has a Future Land Use Map designation of General Commercial (GC) and is zoned Planned Commercial (PC). Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes 5 No 0 C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 5 No 0 II. LDR REQUIREMENTS a. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: I . Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. K City Commission Meeting on April 2, 2013; Item 10.E. (formerly Item 10.13) Has this requirement been met? 4 Yes 1 No 3. The City Commission has applied the Comprehensive Plan and bDR requirements in existence at the time the conditional use application was submitted. 4, The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this 2nd day of April, 2013, by a vote of 4 in favor and 1 opposed. ATTEST: Chevelle Nubin City Clerk Glickstein, Mayor 3 City Commission Meeting on April 2, 2013; Item 10.E. (formerly Item 10.13) EXHIBIT "A" Conditions Related to the Conditional Use Request for Breathe Restaurant 1. That a CCTV or camera is installed both outside and inside, with a revised floor plan and site plan indicating their locations; 2. That confirmation that security will patrol until 3:00 a.m. be provided; 3. That confirmation be provided by the applicant that the consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited; 4. That no music or outdoor speakers will be allowed outside the building or tenant space; 5. That any live music will stop by midnight, on all nights of the week; and, 6. That the owner provide sufficient evidence that "Breathe" operates as a restaurant and meets the definition of restaurant, during all hours of operation, prior to consideration of the request by the City Commission. City Commission Meeting on April 2, 2013; Item 10.E. (formerly Item 10.13) SPECIAL /WORKSHOP MEETING APRIL 9, 2013 A Special /Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, April 9, 2013. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special /Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. However, before discussion began on the items, Mayor Glickstein brought up for discussion the Local Rules in regards to public comments for Special Meetings. It was the consensus of Commission to allow public comment on special meeting items. The City Attorney will bring the Local Rules back with this change for Commission approval at either the April 16, 2013 or May 7, 2013 Regular Meeting. SPECIAL MEETING AGENDA Mayor Glickstein opened the meeting for public comment on the special meeting items. Public: Henry Handler, on behalf of All Florida Solutions, Inc., stated it has been a pleasure to serve as the city's lobbyist both before the legislature and executive branch in Tallahassee from December to this month. He stated noting the incidents of the last week or so they have tendered their resignation to not create any awkwardness or potential distractions. Mr. Handler stated it has been a real pleasure to work with Mr. Doug Smith and Mr. Richard Reade; and thanked the Commission. Mayor Glickstein then closed public comments as there were no other speakers. 1. AGREEMENT: WEISS HANDLER /ALL FLORIDA SOLUTIONS, INC.: Provide direction regarding an agreement with Weiss Handler /All Florida Solutions, Inc., for state lobbying services. Mayor Glickstein stated much has changed since the last meeting and reiterated that he does not have any problems with any review of our city's operations and the city will be doing a lot more of that themselves. He stated Commission has received a letter from Senator Abruzzo stating he was moving forward with the audit of the CRA. He then discussed the resignation, the state audit of the Community Redevelopment Agency (CRA), asked several questions regarding the personal services contract and mentioned the public records request requested by the Commission. He stated the Commission must decide whether to accept the resignation and stated he reached out to Senator Sachs and Representative Hager to determine if there are any issues that may be impacted by our city not having a lobbyist at this time. He also spoke to Mr. Rich Reade who advised that terminating the agreement would have no impact at all on pending legislation and Mr. Reade is present tonight for questions. Mrs. Gray asked if the contract went out for an RFP and how many quotes were received. She asked if there was anything legally wrong with the way the Commission proceeded with this agreement. Discussion ensued amongst the Commission. Mr. Jacquet moved to accept the termination request to be effective immediately, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 2. AGREEMENT: LYLE SUMEK ASSOCIATES, INC.: Approve an Agreement with Lyle Sumek Associates, Inc. in an amount not to exceed $15,000.00 to perform facilitation services and a review and update of the City's Strategic Plan. Funding is available from 001- 111 -511- 31.90 (General Fund: Professional Services /Other Professional Services). Mr. Brian Shutt, City Attorney, stated there is a revised insurance provision for this item on the dais and provided highlights of the agreement. Mr. Doug Smith, Assistant City Manager, discussed the pricing and format of the goal setting session. Mr. Frankel provided an overview of the Commission's goal setting. Mr. Jacquet questioned the hourly rate, the "not to exceed" amount and suggested that there be a set rate and a shorter session. In addition, he asked about the Department Head goal setting and stated he supports going forward. Mrs. Petrolia also questioned the $200 per hour rate and asked what that entails. Mrs. Gray moved to approve the agreement with the revised insurance provision, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 3. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) Consider ratification of the Collective Bargaining Agreement with the Professional Firefighters & Paramedics, Local 2928, IAFF. Mr. Bruce Koeser, Human Resources Director, presented this item. Mr. Louie Chapman, City Manager, stated this is similar to what was done for the Police Department and recommended Commission approval. 2 April 9, 2013 Mr. Frankel stated staff did a great job. Mrs. Gray stated staff did a great job. Mr. Jacquet also thanked staff. Mr. Jacquet moved to ratify the agreement with the Professional Firefighters & Paramedics, Local 2928, IAFF, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mayor Glickstein adjourned the Special Meeting at 6:51 p.m. WORKSHOP MEETING AGENDA 1. West Atlantic Redevelopment Coalition (WARC) Presentation Mr. Reginald Cox, Chairman of the West Atlantic Redevelopment Coalition (WARC), introduced board members of WARC who were present and conducted a PowerPoint presentation highlighting the origin of WARC from 1985 to 2013. He stated WARC began out of a community visioning process and was created by the Community Redevelopment Agency (CRA) in March 1996. He provided background information and referenced the 501(c) (3) status, cluster study and the Memorandum of Understanding (MOU) between WARC and the CRA. He provided recommendations to the Commission to assist WARC. Mr. Frankel stated it was great presentation and questioned some information that had been brought to his attention i.e. grocery and drug stores, movie theater and law firm. He asked Mr. Cox if he was aware of anyone being turned away. Mrs. Gray stated that Mr. Frankel is correct regarding a developer being turned down and clarified that WARC did not turn anyone away. She stated it was the CRA that turned the developer away. Mr. Jacquet thanked Mr. Cox for the work that WARC does and stated he applauds them. Mrs. Petrolia thanked Mr. Cox for the presentation and stated West Atlantic is a gateway for the city. She stated she looks to WARC for guidance as to what should be accomplished on West Atlantic. Mayor Glickstein asked if WARC feels they have a good working relationship with the CRA and asked why this has not been resolved in 2013 is a gaping hole in this town. He stated he does not know how the city can talk about success without this being completed. Mayor Glickstein stated it will take "out of the box" creativity and thinking for not only West Atlantic but as a template for other areas that are challenged as well because of site configurations. He stated he looks forward to working with WARC and appreciates the presentation. He stated it is incredibly important for WARC and the CRA to be in lock step. Mr. Jeff Costello, Assistant Executive Director /CRA, discussed what has been accomplished thus far, the MOU and developers. Mayor Glickstein asked if the Request for Proposal (RFP) has gone out yet. Discussion continued between the Commission, Mr. Cox and Mr. Costello. 3 April 9, 2013 It was the consensus of the Commission that the CRA provide a report to Commission regarding the RFP and the ability to add the other property subject to the tide issue. 2. Discussion Regarding the Beach Cabana Equipment Rental Concession Contract Mrs. Petrolia stated she wanted to bring up that this was a contract that was not put before the Commission and it was renewed by the previous city manager and discussed proposals that were received. She stated this should have been revisited with an RFP and stated this particular contract allows us to go back and take a look at this with a thirty (30) day release with no cause required. She stated this was very concerning not only for herself but others. Mrs. Gray stated she is trying to figure out why we are continuing to go back on contracts that have already been voted on and discussed automatic renewals. Mrs. Petrolia reiterated that this was not brought before Commission. Mrs. Gray asked if the City Manager had the right to renew the agreement. Mr. Shutt discussed the language in the contract and the renewal. Mr. Frankel stated he has been here the entire time and asked if there have been any complaints regarding the vendor. Mr. James Scala, Ocean Rescue Superintendent, stated he has received complaints and they are always remedied. Mr. Frankel stated it is his memory that Mr. Harden's renewal of the contract was brought to the Commission and it was unanimous of the Commission at that time to go ahead with the renewal. Mrs. Petrolia stated the question on the table is not whether the beach vendor is doing his job her concern is that the people did not get a chance to have a bid process. There has been no transparency with things like that and stated she believes we did not go through the process that we should have. Mr. Frankel stated this was a contentious bid three (3) years ago and provided an overview. He stated every contract needs to be looked at because you cannot do just one and it is a dangerous precedent when it was unanimous decision to grant a contract to open it back up. He stated going forward he respects that. Mayor Glickstein stated he spoke with the City Manager and the procurement process is a disaster. He stated all of these things are integral parts to bidding a personal services contract and the beauty of an RFP is that you can focus in on what you are looking for and what your expectations are. He stated regardless of whether the current vendor is doing a good job, we have had the same vendor since 2009 and continued to discuss the renewal. He stated there is no harm to going out to see if the city can do better. Mr. Shutt stated it is up to the Commission. Mr. Frankel stated to not honor a contract that was legally entered into is bad perception. Mayor Glickstein stated the city has not done a good job in protecting taxpayer money and stated automatic renewals are terrible and feels procurement is not done correctly or consistently. 4 April 9, 2013 Mrs. Gray stated she is not interested at this point in sending this out. She stated she is interested in looking at things in the future. She stated it is bad business to not honor things the previous Commission has put in place. Commission discussion continued regarding this topic. Mr. Jacquet stated this is an interesting position to be in. He stated he loves our beach and the current vendor does a remarkable job. He stated he agrees that in 2009 the Commission decided to award the contract to the current vendor. Mr. Jacquet stated it was up for renewal and agrees that the Commission wants to eliminate automatic renewals. He stated his vote has always been to put things out in the open and see what we can get. He stated he agrees with Mr. Frankel that all other contracts need to be looked at if we are going to do this one. Mr. Jacquet referenced the language of the contract and asked the City Attorney if contracts would normally say "City Manager" if it is to be renewed by the City Manager. He stated when it says "the city" then that is the elected body. He stated he does not know if this contract was ratified by the Commission. He stated he has faith in the vendor and they have done great work. However, in the interest of doing things better and not having automatic renewals, he stated all contracts should be looked at and treated the same. Mr. Jacquet stated no longer will staff unilaterally make a decision that is to be reserved for the elected body. Mr. Chapman stated the procurement procedures are woefully behind- they were drafted in the 1980's and have not been reviewed. He discussed the advantages to renewing some contracts. He stated once some staffing issues are resolved in the Finance Department, staff will take a comprehensive review. Mayor Glickstein stated this is a bit of a nuance because it is a revenue generator. He stated the bid process is important because it is educational and requires dialogue. He stated price, service and scope of work are components of the process. Mr. Shutt stated it is his understanding that Commission is not giving any direction to terminate. Therefore, everything will continue on as the current agreement provides. He stated it may take some time to develop an RFP and suggested that the RFP come back before Commission for review, comment and direction. Commission discussed having a workshop to discuss the city's contracts after the new policy is in place. It was consensus of the Commission to develop an RFP for the beach cabana contract, also to identify all other revenue generating contracts and look at some kind of matrix that identifies when those contracts expire and if any have thirty (30) day termination clauses that will allow for a similar RFP process. 3. Discussion regarding Economic Development Mr. Vin Nolan, Economic Development Director, presented this item stating it had emanated from dialogue with the Mayor and City Manager. He discussed his role as far as what he is involved in and what he can get involved in. He stated there are two critical items: economic development prospects as they come through the pipeline and business development in general in terms of interacting with the business community; and his role in trying to triage problems as they come up. He reiterated discretion and confidentiality regarding development prospects as well as the process for handling these. He asked Commission to refer possible prospects or business owners to him. April 9, 2013 Mr. Frankel thanked Mr. Nolan and stated he does a good job. Mrs. Gray asked about the status of Mr. Nolan coming into City Hall. Mr. Chapman stated there should be an economic development presence in City Hall and discussed what staff is working on. Mr. Nolan discussed his functional role at the CRA. Mrs. Petrolia stated she enjoyed meeting with Mr. Nolan and it would be wonderful to have him here. Mr. Jacquet stated that he and Mr. Nolan have spoken a number of times and he appreciates what he does. He stated Mr. Nolan does a good job. He concurred with Mrs. Gray and Mr. Chapman. Mayor Glickstein discussed confidentiality and stated he is comfortable with this. Secondly, he stated as far as Mr. Nolan being the "go to" person, this will be a great practice to funnel those kinds of conversations. Mrs. Gray asked about more help being needed for economic development. Mr. Nolan stated he discussed this with Mr. Chapman during Commission's Goal Setting. He stated by developing a strategic plan for economic development for Delray Beach, a lot of questions will be answered regarding appropriate staffing, processes to follow and action plans to follow through on. Mr. Chapman stated he will put together an internal team to meet weekly and debrief each other on where things are. He stated economic development comes in bits and pieces. Mayor Glickstein reiterated to not lose sight for the need of the strategic plan and thanked Mr. Nolan for the presentation. 4. Request for Proposals (RFP) for Federal Legislative & Executive Lobbying Services and a Discussion of Federal Legislative Priorities Mr. Richard Reade, Public Information /Sustainability Officer, stated he was following up on questions from the last Commission meeting regarding the number of respondents. He stated there was a request to look at other communities that we considered when preparing the RFP and stated a comparison chart outlining this was provided to Commission on yesterday. The cities and counties staff looked at were Fort Lauderdale, Tallahassee, Broward County and Orange County who are all well established in the lobbying business. He referenced an email received by the Mayor from Mr. Petersen who was at the meeting last week. Mr. Reade discussed the comparison chart in regards to the responses for the RFP as well as the four (4) main identified priority areas. The City Manager reiterated that the base question was should we engage a federal lobbyist -are there issues that rise to the level that we believe we should have a federal lobbyist. Mrs. Gray stated that she was in full support of going for both a federal and state lobbyist but with rethinking and looking at the cost the city will have to think about this differently. She stated she has called some of the legislators and stated it is difficult and everything now is turning towards grants. She stated perhaps there should be more grant writing for the issues we are looking at i.e. healthcare, energy, and beach renourishment. Mrs. Gray stated we are looking at $5,000 to $10,000 per month and still may not address some of our issues or concerns. 6 April 9, 2013 He discussed the practical reality of changing the Americans with Disabilities Act (ADA). Mayor Glickstein stated he does not see how we are in a position to pay a lobbyist this or how we get much accomplished now. Mr. Chapman discussed residents, how they want the city to do something about transient housing and the law regarding this. Mayor Glickstein asked the City Attorney what is needed of the Commission tonight. Mr. Shutt stated the item will be brought back as a Consent Agenda item to reject all bids and nothing else will be sent out. Mayor Glickstein adjourned the Workshop Meeting at 9:48 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, April 9, 2013, which Minutes were formally approved and adopted by the City Commission on Mav 7, 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 amendments, additions or deletions to the Minutes as set forth above. 8 April 9, 2013 Mr. Chapman stated in Mr. Petersen's letter one of the things that shined through was he pointed out that earmarks are gone now and recommended that the city relationship build with the legislators. He discussed sober houses and stated we have to convene a majority of members of the congress that there are things that are happening in in Delray Beach that merit changing a national law. He stated this also represents an unbudgeted item. He stated we need to build into the budgeting process that we want a federal lobbyist and not to add these things off of the budgeting cycle. He stated there can be some benefits to relationship building as well and get our congressional delegation familiar with the things that are important to us and they look for opportunity to introduce those things to the legislative process. Mr. Jacquet discussed the cost and stated it is kind of steep and is not budgeted. The thought of lobbying for the city as elected officials was something he expressed during his running for election regarding his experience of having been chief of staff for a state representative for three (3) years and stated the city can use his relationship to lobby for certain issues. These are people he worked with in Tallahassee and here. He stated if we have a legislative or town hall meeting with the legislators when they are not in session in Washington, D.C. or Tallahassee it could be beneficial to us to lobby them directly and could go much further than hiring a firm for $5000- $10,000 a month. Mr. Jacquet asked why are the lobbying contracts not under the City Attorney. The City Attorney stated in the past it was handled by the City Manager's office. He stated a lot of the lobbying firms are attorneys. Mr. Chapman stated traditionally the lobbyists have been done out of the Manager's office but the City Attorney could handle it as well. Mr. Shutt stated they do have input and work on the agreements as well. He stated it is up to the Commission. Mr. Jacquet reiterated that this would be most efficient and a better way of handling the lobbying firms with this under the City Attorney and have him dealing directly with the lobbying firms. This might be a better practice and business for the city. Mr. Frankel stated in his four years to date the biggest issue this city faces all revolve around transient housing. He stated this problem cannot be curtailed on a local or state level. This is a federal issue so he is in favor of having a federal lobbyist. He stated this is the number one issue. He stated while he recognizes the cost and expense this would be service to our residents to go forward with a federal lobbyist for this issue. He stated he would like to see the RFP cleaned up and to go forward. Mrs. Gray stated on the state level and where we are now with transient housing it seems we do we have support in the Senate and asked if we have support in the House. Mr. Shutt stated with the House we are trying to get on as an add -on to another bill for a committee meeting on Tuesday. He stated our lobbyist there has done a great job and they are in contact with him every other day. Mr. Jacquet discussed the process as far as bills with the Senate and the House. Mrs. Gray asked are there going to be enough Congressmen that have similar issues to Delray Beach to even move it to a bill -will it be a priority. Mayor Glickstein stated in speaking with Mr. McCann today he did not sound optimistic. He stated he agrees with Mr. Frankel regarding transient housing and stated we are dealing with this problem in a way that most states have not even heard about it. 7 April 9, 2013 My name is Carol Anderson and tonight I am speaking as SAFE's Outreach Director. (Hand to City Clerk) Here's a reference package for the Mayor and the City Manager. Please consider converting the (210) single head parking meters along SR Al with (20) multi space meters. There are many advantages: 1. The viewscape will be improved since and poles and signs in the sidewalk will be reduced by 90 %, 2. The sidewalk will be wider for pedestrians since the (20) multi space meters will be mounted in the grassy area near the fence, 3. The new meters will be more convenient since they will accept credit cards which will eliminate the quandary most drivers are faced with when they do not have enough quarters — i.e. get more quarters and come back, or take a chance that they won't get a ticket, 4. Staff collection time will be reduced significantly since there will be 190 fewer collection points, and finally, 5. Revenue will be increased since all unexpired meter time will not be available to the next person who parks. The estimated one time cost of conversion is $220,000 These funds could be taken from the in lieu account that has a balance of $ 1,266,590 as of 2128113; or, they could be funded out of future increased parking revenue resulting from unexpired meter time reverting back to the City. As a reference, parking revenue east of the ICWW totaled $1,175,241 for the fiscal year ending 9130112. The Florida Department of Transportation "does not object ... as long as the City coordinates with them and obtains a permit for any work within the Department's right of way." SAFE thanks you for your consideration. To: Jim Smith From: Scott Aronson The beach master plan will: • Replace 210 single head meters with 20 Multi space meters along SR Al (I was trying to find if the Beach Master Plan mentioned the East Atlantic Avenue meter replacement) • The cost will be approximately $220,000 ($10,000 per meter) Multi space meters will be mounted in the grass area at back of sidewalk Sign and pole in the sidewalk would reduce by over 90 %, maintaining signs for lifeguard and police only. • They will accept credit cards, coin and Delray Beach Smart Cards, (NO PAPER CURRENCY) • Pay by phone has nothing to do with the meter. They are operated under third party agreements. Pay by phone transactions do not register time on meters. Parking enforcement personnel must log on -line to a website to determine if a car is paid. This technology, while available, would present great challenges to our Parking Enforcement Program, which currently saves hundreds of thousands of dollars per year for taxpayers. Good night. Thank you, Scott Aronson Parking Facilities Manager 434 S. Swinton Ave. Delray Beach, FL 33444 Ph. 561- 243 -7196 Fax 561 -243 -7301 aronson(aD- mydelraybeach. com Hi Jim, Here are the numbers for the various areas @ 2/28/13. Area 1 115,304 Area 2 1,031,805 (15,600) was received this year Area 3 119,3 75 Area 4 106 Total 1,266,590 Sorry for the delay, 1 am trying to wrap up the audit. Milena .L. Walinski CGFD Assistant Finance Director City of Delray Beach 100 N. W. 1st A venue Delray Beach, FL 33444 561 -243 -7134 561- 243 -7166 (fax) walinski oci. delra y- beach. A us or walinsklPmydelraybeach. cam From: Boyd, David Sent: Tuesday, March 19, 2013 8:16 AM To: Walinski, Milena Subject: FW: Balance in the In Lieu Paking A/C Milena, please respond to Jim. Thank you, David From: JarnesElIMCHARP- aol.com [i- nailto: amesElIMCH_A_R@_ aol.comj Sent: Tuesday, March 19, 2013 5:57 AM To: Boyd, David Subject: Balance in the In Lieu Paking A/C David: Good Morning! Could you please tell me what the current balance is in the In Lieu Parking A/C? Thanks, Jim Smith Hi Jim, On the attached schedule, the columns labeled POM (single head meters) and multi -space are all east of the bridge. That total is $1,175,241. Hope this helps. Milena 1. Walinski CGFO Assistant Finance Director City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 561 -243 -7134 561 -243 -7166 (fax) walinski@ci. delray- beach. fl. us or walinskicamyclelraybeach. cam From: JamesEJIMCHAR @aol.com [mailto:JamesEJIMCHAR @aol.com] Sent: Tuesday, March 19, 2013 4:56 PM To: JamesEJIMCHAR @aol.com; Wahnski, Milena Subject: Re: FW: Balance in the In Lieu Paking A/C M i lena: One last request... When you have time, would you please let me know how much parking revenue was generated from the SR Al parking meters, and or, all the parking meters on the island for the year ending 9/30/12 Thanks, Jim Smith In a message dated 3/19/2013 4:20:20 P.M. Eastern Daylight Time, amesE]_I_M(;HAR@aol.com writes: Milena: .......--- -- -- You don't have to apologize. You and David answered very quickly. Thanks, very much. See you in May, if not before. Just a guess... you'll be very happy when the auditors pack up and leave. Jim PARKING GARAGE REVENUE FY 2012 MONTH 055 OSS VALET FEDERSPIEL SPECIAL EVENTS PONE MLILTISPACE _TOTAL October -11 7,458 3,075 0 34,707 19,148 64,388 November -11 7,505 2,731 1,133 47,829 25,096 85,294 December-11 10,764 3,925 8,704 48,154 28,424 99,966 January -12 21,344 5,755 0 54,101 49,131 130,331 February -12 9,693 11,212 11,123 56,450 45,843 134,321 March -12 6,127 6,132 12,888 70,290 70,989 166,427 April -12 13,429 5,792 18,552 65,454 61,816 165,043 May -12 16,604 4,170 51,974 50,464 123,211 June --12 16,613 4,933 597 58,421 32,295 112,,858 July -12 13,571 758 5,505 1,705 67,193 65,571 154,304 August -12 12,660 1,551 5,146 0 57,479 38,253 115,089 September -12 7,297 1,396 3,057 45,934 29,227 86,910 YEARLY TOTAL 143,066 3,706 61,433 �.��r;'a= �;:r'x °;if!Aist�ir�.; �;z�. �E�= 54,696 - r::.s f <:;, .i! 1,438,142 143,066 3,705.66 61433 54597 657,986 517,255 0 0 0 0 0 0 1,438,142 m4i ri �. MEMORANDUM TO: Mayor and City Commissioners FROM: Lawanda Jackson, SPIRIT Chairperson DATE: May 1, 2013 SUBJECT: AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF MAY 7, 2013 SPIRIT OUARTERLY AWARDS PRESENTATION ITEM BEFORE COMMISSION The item before the City Commission is the recognition of one (1) quarterly winner chosen by the SPIRIT Committee for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The main objective of the SPIRIT Program is to award the efforts of employees who provide outstanding quality service to our City. Winner for the third quarter is: Officer Marques Brown, Police Department, Lawanda Jackson will present the award. EXHIBIT A IN -1 - o Ir5 iff 7tiF SPIRIT Award Nomination Form Nominee Information: Name: Officer Ma. Brown Department Police Phone #: 24y 37855 Norninator Information; Dame: Lieutenant J. Palermo Department: Police Phone #243 -7855 Signature: — Date: A ri[ 201 The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork, Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general. public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e, photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the I' Friday of the months of October, January, April, sand July. Officer Brown responded to in reference to a DCF Initial Investigation_ Upon arrival, he observed the residence in complete disarray. There were cigarette butts and a dirty diaper on the floor and insects throughout the house. Due to the condition of the residence, the ❑CF Investigator advised the adult occupants that they had until the morning of 0)3128/13 to clean the house and to provide a safe environment for the child living there. n 3128/13 Officer Brown responded back to the residence and recognized that the inside of the home had been cleaned and looked better than the condition that was seen on the date of the incident; however, there was still a bug infestation problem. The mother did not have the resources to hire an exterminator to resolve the bug issue to provide a safer environment for the child. i " SPfRIT Nomination Form; rage 2 oft Revised, July 7' 2008 Officer Brown contacted an associate of his to take care of their pest control problem at no cost to the family; in fact he agreed to absorb all fees associated with this for the family. What I find most remarkable about Office Brown's generosity is the fact that he did it without telling anyone, not seeking any recognition or reward; he did it simply to help a family in need_ Officer Brown truly reflects the Spirit of the City Of Delray Beach. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: April 29, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MAY 7, 2013 RATIFICATION OF SCRWTDB ACTION ITEM BEFORE COMMISSION This is before the City Commission to ratify an action of the South Central Regional Wastewater Treatment and Disposal Board at their Quarerly Meeting of April 18, 2013. BACKGROUND By a vote of 5 to 0, the SCRWTD Board approved the following: 1. Give authorization to maintain our reclaim user rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for FY 2012/2013 at $.2000/1,000 gallons. RECOMMENDATION Recommend ratification of the action approved by the SCRWTD Board on April 18, 2013. r RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on APRIL 18, 2013, by a vote of 5 -0: GIVE AUTHORIZATION TO MAINTAIN OUR RECLAIM USER RATE FOR HUNTERS RUN, COUNTRY CLUB OF FLORIDA, QUAIL RIDGE, DELRAY DUNES AND PINE TREE FOR FISCAL YEAR 201212013 AT $.200011,000 GALLONS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of 7 , by a vote. By: Attest: CITY OF DELRAY BEACH Mayor /City Manager City Clerk Approved as to form: City Attorney F.WoWBOARD MEETINGSIRATIFICATIONS42012- 20130elray Beach Ratification 04- 18- 2013.docx u1 x w r� H C7 6 r X W ra r 9 G Q N N N C) oN O 0 O � N O Cn � O O G (SS j C O 7 ( N 7 W a M Q7 E a U U O Q u = �. i _O r c! O y Ln V N N CD Cr] N Y r CD CO r CN\I NNr-- CL r- 009 O N m O U] LO 't u7 O N U O r r O O r cl C9 O C'3 ON 0) (10 N 6 CL CD `C3 N om O 0 7 N] CO u U] O O N U O O O I— O O O Lo O O cj N N V O r C] O r C� O �T CO rn O O N O Cn O C'] O N O O Cl O N N O N � (A OD O O N U O 7 O a C _0 'D E ❑ U E CO O i0 O' ( U � N � CC O ❑ O ty ti N CEO C) CA CA 6 7 N N 0 0) CO G Il i 41 N O 64 � II b C � CL C x X � m O Gl CL N O U O M 0 C) =o c N O U C1 'U r d O N N C CD ° a -_ Ge- C E4 N Co W c o E _Cc_- ° N N U a U O Q 12, N N U C) E i LL- � O r LL Q1 t C m � C O co m U w U L E LL c d7 +• w O j d I^ U O z U CL > ❑ O N "O W U C c4 G LL O O CJl c� O U v N U N W (6 N (i} O U J N .E C CV C 41 Q L U a N O m CD W m Q O Q CL Q CM O 2 (!J X O w U Z Z LL LL c� O Cl) r O O N .-. N .-. 0 .-. N �r N _ Ci Cl Co U. O N LO to l!3 61 m � L- N O _ O r G N f6 Z O O O V O O . O CD +- N W C\j L6 C6 r O O N Nm r r O r N O � N T O O O r O C5 O O O II Q 0 (D CA CQ r Ln 0�0 000 O O r O 00 !�! r r O O 0— N i7 -r CO A N LO r � O i 6 CL O O 1 CL Q Cl) N O c0 N C C'7 4 Cn CD r O O C co O O N 0 r N b 000 N Q'1 N 0 o cep 0 _E� 0- CL N _� c p Q O N cu N O ti N CEO C) CA CA 6 7 N N 0 0) CO G Il i 41 N O 64 � II b C � CL C x X � m O Gl CL N O U O M 0 C) =o c N O U C1 'U r d O N N C CD ° a -_ Ge- C E4 N Co W c o E _Cc_- ° N N U a U O Q 12, N N U C) E i LL- � O r LL Q1 t C m � C O co m U w U L E LL c d7 +• w O j d I^ U O z U CL > ❑ O N "O W U C c4 G LL O O CJl c� O U v N U N W (6 N (i} O U J N .E C CV C 41 Q L U a N O m CD W m Q O Q CL Q CM O 2 (!J X O w U Z Z LL LL MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MAY 7, 2013 FINAL SUBDIVISION PLAT APPROVAL /SOUTH COUNTY COURTHOUSE COMPLEX EXPANSION ITEM BEFORE COMMISSION The item before the City Commission is the certification of a final plat for a 3.827 acre subdivision known as South Courthouse Complex Expansion. This plat is being processed pursuant to LDR Section 2.4.5(x), Minor Subdivisions. BACKGROUND This plat was approved by the City Commission on June 17, 2003, but was not recorded due to changes wanted by Palm Beach County, the owner of a portion of the property. The changes have been made and the plat was approved and signed by Palm Beach County on April 2, 2013. Since the plat was not recorded within two years of its approval by the City Commission, the approval has expired and the plat must be reapproved. The subject property is currently platted as Lots 1 through 16, Block 53, Town of Delray Plat (PB 1, PG 3) along with the dedicated 16' wide east -west and north -south alley rights -of -ways. The entire alleyway system within this block will be abandoned by this plat. The replat of the property contains two development tracts, Tract "A" and Tract `B ". Tract "A" is comprised of Lots 1 through 4 and the 16' wide east -west alley of the Town of Delray Plat and contains the Delray Beach Public Library. Tract `B" is comprised of Lots 5 through 16 and the 16' wide north - south alley of the Town of Delray Plat and is owned by Palm Beach County. Tract `B" contains a parking garage and surface parking lot associated with the South County Courthouse. Pursuant to LDR Section 5.3. 1 (13)(2), the ultimate right -of -way width for a local residential street with curb and gutter is 50 feet. Currently S.W. 1st Avenue is at 40 feet. An additional 10' of right -of -way is needed from abutting property owners along both sides of S.W. 1st Avenue (5' from each side of the street). The current plat shows a 5' dedication (Tract "C ") to the City of Delray Beach for right -of -way purposes along S.W. 1st Avenue. This replat is now before the City Commission for final action. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. In general, no specific findings are necessary for the approval of a final plat for a minor subdivision except that when it is a boundary plat for a single parcel which is to be developed pursuant to an approved site and development plan, a finding must be made by the City Commission that the final plat is consistent with the findings made upon approval of the site and development plan. The property within this plat was redeveloped for the library and parking garage. The replat is consistent with the redevelopment and the findings made for those site plan approvals. Positive findings were also made by the City Commission with respect to the boundary plat and abandonment of the existing alleys with its earlier approval on June 17, 2003. REVIEW BY OTHERS Minor Subdivisions are not reviewed by the Planning and Zoning Board. RECOMMENDATION Move approval for the South County Courthouse Complex Expansion Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(x) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. +1 o i o _ i W �I i v i x a i ° i w i w o� .� aYYJJ �la ° �1` I mLL two a o op w �— O� Z - < o _ O U -w� I� m G aka O = o W W III �^� vii FDl od'w of W fir? ¢€ `z' dV YOB" m�' O V W _ > cc LU I W cc �/ cc m W O d a�F 6ow ado �, J O r - ego m am y _ S* I 0 co V m O O e m _ w €� o w� `� q LLJ �F =n °4 °LLL D =a w OM Z� CD �II W o`� _ W - co r Po p g ��J "' mod'' ILI LL ° °I Z ZaI �z O O 3 wyo ® e fA U U - �o a" CO CL c r c -U- - _ - - - - OY - = ag_ _ a=3a O ° p - pQ_ - - �w _ w J� oV O in— co - -�a = O Zwv3p¢iF aZi tor'ry .O Q� M - 3�non_°° 4 `x _oo ° °< Fx3 - Fmo�mwLL.pa z w` _ o a zs _ oFo - �a owwF Z3r < Is z - - oJ3. Q zaowz 3x z°woNz cn ar - _ - _ - - - _ - - - Z - `3 - F F '3 F "ter �3owi,iz Wio C 0 _ off, a2opii.iwz `3mr - w w w - - - - - - - - € m - a - - - W `E.3 - - ° wa o 4a<o m - _ m om m < a ml III = I> w °0 „I y si Zi a Q o- II ti I I m o o I! ' m �o I c - e _a U _ a s o e 4 tom—- - --- -- -- — — — _ -- — — — — — — — — — — — — — — — — — > -< NJEST ATLANTIC AVENUE n STATE ROAD 806 % ' - a� r 106' A/W PER F.D.O.T. R/W MAP FOR SEC7/QV' No. 93550 - .2601, n 1 j " DATEO MARCH 17 1 %4 w 54xa'Sa'25' E &PER R.P.B. 3, PCS. 24-30, P.BGR. 5 885425" E 331.88' 5 88's a'25" E 332.3T pa W z (66' R/W PER P.B. 1, PG. 3. P. B. C R.) (ADO17)OAAL 20' /W L<)]5 3 &4 CNLY PER D.R.B. 1605, PG 228, F'.B.CR.) n 3 6' 'O ADDITIONAL RIGHT -OF WAY BY DEED °J w l� w o 1 i o 0 (ORB. 1]]15 PGS. 628 -633 PB.CR.) a � m 1� ID I 69 5F. (0 ,6 ACRES) ° 0) _ 41 �o / l so uM I^ uNE m p 89']930 E 236.92 _... r \ ass s S 891)9'30" E y : — � I PLnrJ i 2.31.92' z— 13 1x a ii $") IW a m cc X E lW Y LL W �a `a PL—(PER-OR-5 &UGH 1" COMPANY EA R)l T ... 1]084, PG 4,36, P.B.OR.) z m o ` m Vl 0 4 e zcrto Ifsp I T - - - - - -- -_ -- _ ___ _ - - --I _ I � i� 1I i La In o f 89'09'30" E 135 50' - m x O Q a - L 116 oo'I s a9o930' � �3a_so' oa�I U � m �g <a V) I T w Wp J loge z i - � € ' ® ¢ i m 16' ALLEY PER P.B. 1 PG. 3 P.B.C.R - m W Q -- ? w° BEING ABANDONED s �� I] z� BY THIS PLAT - of 5s�3> O a c: m -Y0 Lu E Z m � E -i6'-i U Q 05 o1 n "m m 1� F(, DI J 'N IO LL llJ W m ¢ Z 1T t Q W L > 1 ,9 'ay II O 61 C', y l z¢ MM F C II a ILL W L = hg o l= r tiz�y:R z€ o'saLLo LL 3 �n moa '�'� °h _ n °•o O w w 3� O _ zN I _w ® fn c°�N �, - m.. I I "'a� U° � a °mac I �u I mw o8 - m o °50 ML I I - -`=w< 1� o +�_ zs•_25•_ ze•-- -zo' -� - a� [� \) w2 I I r�J�w - i�:' r b v - �UU�� goNO,�ya=� Fn <n gym; l °p _ _ a� ,.a o - �o =1 �_ €wwwa�rs000 1c) cc - I� p li„ II 'z- IN wz m y 135.65' �i 16.00' I.- 562 E — — - < o 0 m a �p 89'08'33" W BEAST Raw uNE 287.29 NO S.Vif. ET 1st STREET - y- _? a= I I� - -- - - -- - -- -- - o °= aza4 cr (50' R/W RAYMOND S7REE7 PER P.B. 1, PG, 3, P.B.GR.) ca -- — — — — — — — — — J Gar ai wa ==p=�_amsoJa= HEISLEY ESTATES —_ — — . —�w O Ps.. 13. PG. 46 P.B.".. Z- Wo N nav�m r m m _ in I 10 �1& ff r. �24 ra N.W. 2ND ST. __..._.. w w w > o Q Q Q z z CITY .E IF in HALL N. W. 3RD ST. -91 COMMUNI TY CENTER TENNIS Ll ,,,'. z STADIUM §= z CITY A TTORNEY BUILDING KING JR. DRIVE N. E. 2ND Q w Z JF- I w Q N. E. w z OLD SCHOOL SQUARE A T L A N T I C POLICE SOUTH COMPLEX COUNTY COURT HOUSE 699 ■ oil ■ -IIIII ■ ■ ■� 111111 III ■■ ■111 ■■ 111111 ow - IIIII I -- LEGEND -- ST. PARKING GARAGE Q SOUTH COUNTY COURTHOUSE EXPANSION MERRITT PARK ST. SUBJECT AREA PLANNING & ZONING DEPARTMENT N W F LONG -RANGE DIVISION DIGITAL BASE - MAPPING SYSTEM MAP REFERENCE#: LM689 -- MARCH 2003 -- S W 2ND ST. 3 vi vi ui � ST. S.W. 3RD MERRITT PARK ST. SUBJECT AREA PLANNING & ZONING DEPARTMENT N W F LONG -RANGE DIVISION DIGITAL BASE - MAPPING SYSTEM MAP REFERENCE#: LM689 -- MARCH 2003 -- MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MAY 7, 2013 RESOLUTION NO. 27-13/ABANDONMENT OF UTILITY EASEMENT: MIDTOWN DELRAY ITEM BEFORE COMMISSION The request involves abandoning a 94.41 foot portion of a 20' wide utility easement that is located within the Midtown Delray property (formerly Blood's Grove Orchard). The easement was granted to the City of Delray Beach via an Easement Deed recorded in O.R.B. 8532, Page 28 on December 7, 1994. BACKGROUND On October 24, 2007 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Midtown Delray development. The City Commission approved the Plat on April 15, 2008. The project is currently under construction, and one of the townhouse buildings will encroach into the easement. The applicant has requested that the area of the encroachment be abandoned. A narrower replacement easement (15' vs. 20') will be dedicated with the replat for the Midtown Delray property, which was approved by the City Commission on December 11, 2012. The easement abandonment resolution and the plat will be recorded on the same day as follows: the easement abandonment resolution will be recorded; the recording information for the abandonment will be added to the plat; and the plat containing the new easement will then recorded. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. The abandonment of the easement will not be detrimental to the provision of utility services since a narrower replacement easement will be dedicated with the replat. There are no existing utilities within the abandonment area. The City's Environmental Services has reviewed the request and has no objection to the abandonment. Since the easement area was dedicated to the City of Delray Beach for City utilities, Florida Power & Light, Comcast Cable, Florida Public Utilities Company and AT &T do not have an interest in this request and therefore are not required to comment. Pursuant to the above, a positive finding pursuant to LDR Section 2.4.6(N)(5) can be made. RECOMMENDATION By motion, approve Resolution No. 27 -13 to abandon a 94.41 foot portion of a 20' wide utility easement dedicated to the City of Delray Beach via an Easement Deed recorded in OR Book 8532, Page 28, of the Public Records of Palm Beach County, Florida, lying within the Plat of Midtown Delray; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Development Regulations. RESOLUTION NO. 27 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT DEDICATED TO THE CITY OF DELRAY BEACH BY AN EASEMENT DEED RECORDED IN O.R.B. 8532, PAGE 28, AS MORE FULLY DESCRIBED IN EXHIBIT "A ". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 94.41 foot portion of a 20 foot wide utility easement dedicated to the City by easement deed, as recorded in Official Records Book 8532, Page 28 of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit "A "; said abandonment area lying within the Plat of Midtown Delray, as recorded in Plat Book 111, Pages 87 through 90 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of a 94.41 foot portion of said 20 foot wide utility easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements , of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said easement, as more particularly described in Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the _ day of ____---12013 ATTEST: City Clerk MAYOR 2 RES. NO. 27 -13 THIS IS NOT A BOUNDARY SURVEY LEGAL DESCRIPTION EXHIBIT "A" A PORTION OF A 20 FOOT WIDE UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 8532, PAGE 28, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID EASEMENT LYING IN TRACT "F" (COMMON AREA) AND LOTS 66 THROUGH 69, MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID MIDTOWN DELRAY; THENCE S 88 °29'45" W ALONG THE SOUTH LINE OF SAID MIDTOWN DELRAY, A DISTANCE OF 20.00 FEET; THENCE N 01 °30'15" W, A DISTANCE OF 94.41 FEET TO A POINT ON THE NORTH LINE OF SAID 20 FOOT WIDE UTILITY EASEMENT; THENCE N 88 °29'45" E, ALONG SAID NORTH LINE, A DISTANCE OF 20.00 FEET TO A POINT ON THE EAST LINE OF SAID MIDTOWN DELRAY; THENCE S 01 °30'15" E ALONG SAID EAST LINE, A DISTANCE OF 94.41 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. SURVEYOR'S NOTES: 1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2.) BEARINGS AS SHOWN HEREON ARE BASED ON THE EAST LINE OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 -90, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF SOUTH 01'30'15" EAST, AND ALL OTHER BEARINGS ARE RELATIVE THERETO. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID. DATE: -j 2 719. 0/ MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 EB# 2438 TEL. (561) 968 -0080 FAX. (561) 642 -9726 LB# 2438 FIELD: N/A LEGEND P.O.B. = POINT OF BEGINNING P.B. = PLAT BOOK O.R.B. = OFFICIAL RECORD BOOK D.E. = DRAINAGE EASEMENT U.E. = UTILITY EASEMENT GU = GENERAL UTILITY EASEMENT N/A = NOT APPLICABLE SURVEYOR'S NOTES: 1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2.) BEARINGS AS SHOWN HEREON ARE BASED ON THE EAST LINE OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 -90, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF SOUTH 01'30'15" EAST, AND ALL OTHER BEARINGS ARE RELATIVE THERETO. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID. DATE: -j 2 719. 0/ MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 EB# 2438 TEL. (561) 968 -0080 FAX. (561) 642 -9726 LB# 2438 FIELD: N/A DRAWN: L.C.B. SCALE: 1 " =20' BOOK: N/A DATE: MARCH, 2013 PROD. FILE CADDFILE 1518_20UE EXIST PAGE: N/A CHECKED: J.T.G. -, 4 A-,- -.,&/ LESLIE C. BISPOTT PRCFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NUMBER 5698 SKETCH AND DESCRIPTION OF A PORTION OF A 20 FOOT WIDE UTILITY EASEMENT MIDTOWN DELRAY SHEET NO. 1 OF 2 1 JOB NO. 1518 THIS IS NOT A BOUNDARY SURVEY I TRACT 'F' I COMMON AREA i 10' I G. U. 63 LOT I _I I I ► - -� LLI Q `- 0 O z LOT 64 I Of I ° EXHIBIT "A" --12' U.E. I I LOT 65 I (O.R.B. 9764, PAGE 1351) — — N88 029'45 "E N. LINE 20' U.E — — — — 20.00' -- - -- - - - - - -- 20' U.E. (O.R.B. 8532, PAGE 28) LOT 66 { ao I J W N LOT 67 �_ LLa p 7- o D m I — ° rn rn o o o w 0 O I 10' ` in 1-- w w � ❑ 1. a �� LLJ \ v 2 T— w tY >- >- c j G.U. LOT 68 � o rci w I c~n Q � chi, o o O I cq � �` o z W —w z - 'LL ( m d Z O w U U _ z U� �¢p I o Q m ILOT 69 Y w �F2 �w v 20.00 / S8 20,005 "W�P.O.B. SW. CORNER OF DE�RPY MIDTOWN DELRAY (P.B. 111, PAGE 87) / Ow N 20' U.E. (O.R.B. 8532, PAGE 28) MICHAEL B. SCHORAH nm� & ASSOCIATES, INC. SKETCH AND DESCRIPTION SUITE 206 1850 FOREST HILL WEST PALM BEACH, FLORIDA 33406 O F A PORTION O F A EB #2438 TEL.(561)968 -0080 FAX.(561)642 -9726 LB #2438 20 FOOT WIDE UTILITY EASEMENT FIELD: N/A DRAWN: L.C.B. SCALE: 1" =20' MIDTOWN DELRAY BOOK: N/A DATE: MARCH, 2013 PROD. FILE CADDFILE PAGE: N/A CHECKED: J.T.G. 1518_20UE_EXIST SHEET NO. 2 OF 2 JOB NO. 1518 Prepared by: RETURN: David N. Tolces, Esq, City Attorney's Office Gr� -07 -1994 9:22am 94-403655 200 N.W. let Avenue i 't ( ,„, �9,� �,) . � Delray Beach, Florida 33444 X00 1: },i]I] II .70 �. R,` -� L.•. ., lJ. R..o.•.,,.T.:,A/c.n,an [c. d.-c� EASEMENT DEED A,• svkc -,\ 1 1-1 ht err' +[.. titr r.YJ f4 -f! ESrArr elF THT: 'N1JRE, made this L day 116uas{.� , 1994, by and between NORMAN W. BL6�0,,` A. , an unmarried widower;' whose address is 4482 Sanderling Lane, Boynton Beach, '4.1orfi -Aa, party of the first part, and the CITY OF DELRAY BEACH, 100 N.W. let Avenue,�4i ay Beach, Florida 33444, a municipal corporation in Palm Beach County, State of M" rida,,�party of the second part: q WITNESSETH�; lFt the party of the first part, for and in consideration of the sum of Ten ($10.4ij i`ollare and other good and valuable considerations to it in hand paid by the said- party of the second part, the receipt of which is hereby acknowledged, does her y "I nt, bargain, sell and release unto the party of the second part, its succeB4� nd assigns, a right of way and perpetual easement for the purpose of: installatfiafi. :and maintenance of public utilities with full and free right, liberty, and authorLty..to enter upon and to install, operate, and maintain such utilities well under through and upon, over, under or within the following described property 'prated in Palm Beach County, Florida, to -wit: ,_. DESCRIPTION That part of Section 2 �� Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the northwestl.,boj7eF of the plat of Foxe Chase, according to the plat thereo ;r Fprded in Plat Book 38, Pages 1 and 2 of the Public Rpcord4�p ",?,alm Beach County, Florida; Thence S. 1 °07'33 "E., along e- Oogt line of said plat of Foxe Chase, a distance of 1433G1�e#t;,,Thence 5.88 °52'27 "W., a distance of 600.00 Meet; ThenccNa0'�'33 "W., a distance of 726.00 feet; Thence N.8815212711E.'� ,EC di- stance of 100.00 feet; Thence S.1 °07133 11W., a distance��- gf`•`20,,00 feet; Thence 5.88 °52127 "W., a distance of 4 X13,0100 feet; Thence S.1 °07'33 "E., a distance of746:g0 feet; Thence N.88 152'27 "E., a distance of 20.00 fe0t' tdithe said point of beginning. ` "'" Concomitant and coextensive with this r 4.h+ is the further right in the party of the second part, its successors and assigns, a €- ingress and egress over and on that portion of land described above, to effect ttk� pui:poees of the easement, as expressed hereinafter. ``' :•,,,.� l� That this easement shall be subject only to thbs;6- *�4ements, restrictions, and reservations of record. That the party of the firs, part °jagrees to provide for the release of any and all mortgages or liens encumberi�g Ie'sasement. The party of the first part also agrees to erect no building or effect aaf�'pther kind of con- struction or improvements upon the above - described proper'tZ;'._o€hdr than plants or sod, muunded to a height no greater than three feet (31) above grade, and irrigation without obtaining prior approval by the party of the second part. Parties of the first part do 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. 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. WITNESSES: naiFe printed typed) f. Now /P�AR,TY OF THE FIRST PART `� (/lGy , Ct/, , NORMAN W. BLOOD, JR. ORE, 85 -32 "r? .t 9 C-7z� C4—). A0=9 NORMAN W. BLOOD, JR., Individually and as Personal Representative /".,,,..�� -�-. -� NORMAN W. BLOOD, III, Individually and as Personal Reprreesen�ative S D. BLOOD, Zndividua y an � as Personal Representative' STATE OF FLO RID A`• COUNTY OF PALM BEAC�i I HEREBY CERTI� ,tw t on this day before me, an officer duly qualified to take acknowledgments sQnally appeared NORMAN W. BLOOD, III and JAMES D. BLOOD, Individually andtds.P✓arsonal Representative of the Estate of Carolyn J. Blood, deceased, who are- pes5 ally known to me and who did not take an oath. WITNESS my hand and +¢fficial seal in the County and State last aforesaid this /5 day of 1994 Prl t 00 e_ an Vaq , `*otary Public Fly Commission Expire �,`I,COmmiesion Numbe : f ; �:i • .t OFnCIAL SEAL r rI B ML OANY & N of gary Ft01e d FbAtY r > CanMb" No. CC Loom STATE OF FLORIDA rry `� ^�" &ONJUr26,1W6 COUNTY OF PALM BEACH I HEREBY CERTIFY that on this dayseft S take acknowledgments, personally appeared as Personal Representative of the Estate a personally known to me and who did not take WITNESS my hand and official seal in this /' day of—yie±221 « , 199 My Commission My Commission an officer duly qualified to BLOOD, JR., Individually and J. Blood, deceased, who is State last aforesaid OFFICIAL SEAL B. GAIL DANY Notary RM Stdo at FbFWA fi CommMM No. CC 101771 m4 4 O to `1 F i_� „tz.zSoBQiv I am O n� 0 lQ 00 OZ J a,LZ,Z Sog�%y m Q ,4I D� 1. ''j Ilk Ilk IL I\ ii It 0 m N 0 a \ V, NIFj9 us d as mz> i LMAA O 01� "N 1% 40� N co OW 0 0 �\ W vw Wa 3 W 2 Z cn Z4 4 W 05 f- U O O W z~ a2_ QI-Q0 1 L UWOxz �! 4 < 1-- 11 z • E- W a ••OWWWW tjtL •Wm► - ttLM H IA W lit N I•t O N <N: I11L- O• O w U0ceic) m -oo `' z- ►- ►- e o o N it N W QF 2 CON. - d X 01'1-0 -LL Ill IOLN�•da z 0WW Z LL W N W W W O U Q 00 WX 0 0 z z 4W0F -ZZWQ azW0 FN ~N J CI; O W� F- WI-OWQ N •. xY ••NW WQRI N I- O < - IL W LL - It O O O LL i n Om1Y Q0 OIt0 W =i H O O • r- xt0i W -fttLLliW0 McfN O 'in.;, z It N to N• - N "1'r,tl1 t . < 1- r N �, i222 ZU00�OCD m'`F -` OKU W 20z Na \ tY tLi.CZW<W OW`\ 2v0�WNW t-O mFOOFx -QV- Z w< w o E -1 -It •- z In l] x W J li - F- • F- z z 00 F- Sao33U.- U. Ill O J a{ -LLQN: t- m I-• IL O of N I.1 O N O I. W I-- I.1 O - O LL 000U. •N •O EL zjaoln1.-0tnIn tUl) <O E W V zIt)� O�I�Z a U 0 H K J N z O N O 0. W J O O W O O 0 U) U W �n U u O� Q 0� m Q -- ABANDONMENT AREA MIDTOWN DELRAY DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1008 — Abandonment —South Midtown Delray N � 0 EASEMENT ABANDONMENT PLANNING AND ZONING DEPARTMENT LOCATION MAP p l % f� ir r ►+� • _ •rr owl ,a .f 41"rri I � r •�: SHERWOOD BOULEVARD z o in s E- LL LAKEVIEW BOULEVARD LAKEVIEW DRIVE PALM FOREST URIVE NORTH ARELIA DRIVE NORTH SHADYWOO rn DRIVE REST DRIVE SOUTH ARELIA 3 DRIVE SOUTH c CIRCLE rc 3 11 N T 0 N B 0 U L E V A R D ° CANAL L -36 A a oR �ENgD 0 °rn SqN F 041) TEMPLE DRIVE Sp BLOSSOM DR. 4i GfRMq�Towv a z z Y n a < a W M 0 LAKELAND DRIVE U U N O A O A n < A O r f*I O O O n 3 ; (/I VAteNC /q oR\� HAMMOCK p n � 0 0 S.W. 23RD ST. 0 a hq� DRIVE HAMMOCK S.W. 24TH LN. W V GARDEN DR. CANAL L -37 L4 -- N SUBJECT PROPERTY MIDTOWN DELRAY AND DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1008 — Midtown Delray Replat -1 '��' PLANNINGNING DEPARTMENT LOCATION MAP MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: April 22, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF MAY 7, 2013 CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL)/INTERCOUNTY ENGINEERING, INC./LIFT STATION 100A UPGRADE ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($21,082.79) and a final payment amount of $19,390.76 to Intercounty Engineering, Inc. for completion of the Lift Station 100A Upgrade Project #11 -041. BACKGROUND On June 5, 2012 Commission approved a Contract Award, in the amount of $406,700.00 to Intercounty Engineering, Inc. for construction upgrades to Lift Station 100A. The scope of work consisted of the construction of a second wet well, complete upgrade of the station's electrical service, by -pass pumping, associated site landscape and fencing upgrades, as well as the purchase and installation of a new standby diesel generator. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #683726 to funding accounts as follows: $18,122.77 to Account #442 - 5178 -536 -69.29 (Water /Sewer Renewal & Replacement Fund: LS 100A Capacity Upgrade); and $2,960.02 to Account #442 - 5178 -536 -64.90 (Water/ Sewer Renewal & Replacement Fund /Other Machinery /Equipment). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($21,082.79) and a final payment amount of $19,390.76 to Intercounty Engineering, Inc. for completion of the Lift Station 100A Upgrade Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. II Final (Contract Closeout) PROJECT NO. 11 -041 DATE: PROJECT TITLE: Lift Station 100A Upgrade TO CONTRACTOR: Intercounty Engineering, Inc. .... ......... ......... ......... ......... .... ... ......... ...... ......... ...... ........ ..... ........ YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $406,700.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $406,700.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($21,082.79) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $388,617.21 PERCENT DECREASE THIS CHANGE ORDER - 05.18% TOTAL PERCENT DECREASE TO DATE - 05.18% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Intercounty Engineering, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA DEPARTMENT RECOMNJEND: 11111 2 1 07 1►[fl DELRAY BEACH, FLORIDA by its City Commission Environmental Services ATTEST: Mayor rll�l.��I�Ir1l ►l.3'� APPROVED: By: City Attorney Clerk - S:1EngAdmin\ Projects 12011111- 0411OFFICIAL1COI Final I¢tercovnty LS WOA Upgrade GC 450713,docr. SCHEDULE "A" TO CHANGE ORDER NO. 1 /FINAL (CONTRACT CLOSEOt1T) INTERCOUNT Y ENGINEERING, INC. LIFT STATION 100A UPGRADE - PROJECT NUMBER 11 -041 ITEM. N0. DESCRIPTION ....... UNIT .. CONTRACT AWARD CONTRACT TO DATE ........ EST, QTY. UNIT PRICE TOTAL ACTUAL QTY. UNIT PRICE EXTENDED TOTAL PRICE QUANT ADJ. *1_ tFurnish and install all Base Bid work per the Contract Documents - $381,690.00 la Site Mobilization/Demobitization LS 1 $ 11,800.00 $ 11,800.00 1 $ 11,800.00 $ 11,800.00 $ lb I NPDES Permit/Erosion Protection Measures LS I $ 3,600.00 $ 3,600.00 1 $ 3,600.00 $ 3,600.00 $ ]c Relocate Gumbo Limbo Trees (4ea LS 1 $ 1,800.00 $ 1,800.00 1 $ 1,800.00 $ 1,800.00 $ Id Demo existing lift station fence and hedges LS 1 $ 4,430.00 $ 4,400,00 1 $ 4,400.00 $ 4,400.00 $ le histalliRemove terriporary fence LS 1 $ 2,150.00 $ 2,150.00 1 $ 2,150.00 $ 2,150.00 $ If Disconnect and Remove Generator/Demo Pad LS 1 $ 10,145.00 $ 10,145.00 1 $ 10,145.00 $ 10,145.00 $ lg S" Wet Well No. 2 tremie install w1top slab & hatch LS 1 $ 32,500.00 $ 32,500.DO 1 $ 32,540.00 $ 32,500.00 $ ]It Valve vault installation w/top slab and hatch I,S I $ 6,330.06 $ 6,330.00 1 $ 6,330.00 $ 6,330.00 $ li 1 Concrete fillet wet well no.2 LS 1 $ 1,425.00 $ 1,425.00 1 $ 1,425,00 $ 1,425.00 $ 1' Install base elbow and FNI i e in wet well no. 2 LS 1 $ 7,300,00 $ 7,300.00 1 $ 7,300.00 $ 7,300.00 $ - lk 6" FM discharge pipe install between WW and VV LS I $ 2,660.04 $ 2,660.00 1 $ 2,660.00 $ 2,660.00 $ 11 6" Valve vault pipe and fittings - check valve, plug valve, 6x6 tee, pressure gauge, pipe supports, spool LS 1 $ 7,550.00 $ 7,550.00 1 $ 7,550.00 $ 7,550.00 $ lm 6" FM yaid piping (approx. 40 l LS 1 $ 4,440.00 $ 4,400.00 1 $ 4,400.00 $ 4,460.00 $ - In 6" FM fittings - plug valves (2ea), 6x6 tee (I ea), 22,5 bend MI (2ea) LS 1 $ 4,935.00 5. $ 4,9300 1 $ 4,935.00 $ 4,935.00 $ le 6" FM emergency pump-out connection LS 1 $ 1,500.00 $ 1,500.00 1 $ 1,500.00 $ 1,500.00 $ - 1p 16 "x6" Tapping sleeve and valve LS 1 $ 3,995.00 $ 3,995.00 1 $ 3,995.00 $ 3,995.00 $ lq Bypass installation and monitorin LS 1 $ 25,000.00 $ 25,000.00 1 $ 25,000.00 $ 25,000.00 $ lr Remove 3 ea. existing pumps & base elbows, and 1 ea. discharge pipe in Wet Well No.I LS 1 $ 7,100.00 $ 7,100 .Op 1 $ 7,106.00 $ 7,100.00 $ Is Demo existing electrical rack, a ui ment, and pad LS 1 $ 16,504.00 $ 16,500.Oo 1 $ 16,500.00 $ 16,500.50 $ It I Demo existing rTl, service from rack to riser LS 1 $ 8,500.00 $ 8,500.00 1 $ 8,500.00 $ 8,500.00 $ lu 26" Sanitary pipe (WWI to WW2 LS 1 $ 10,950.00 $ 10,950.60 1 $ 10,950.00 $ 1(),950.00 $ Iv 8" Sanitary pipe (WW2 to East SanM..H LS 1 $ 3,675.00 $ 3,675.00 1 $ 3,575.00 $ 3,675.00 $ lw 4" PVC FMinstaU and fie intoWW2 LS 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 $ 1,200.DO $ lx Demo existing 8" PVC sanitary sewer LS 1 $ 2,365.00 $ 2,365.00 1 $ 2,365.00 $ 2,365.00 $ ly Demo existing 4" PVC force main LS 1 $ 1,535.00 $ 1,535.04 1 $ 1,535.40 $ 1,535.00 $ 1z Electrical conduit and wire installation LS 1 $ 24,560.00 $ 24,500.OD 1 $ 24,500.00 $ 24,500.00 $ laa Electrical rack, equipment, instrumentation install LS 1 $ 6,900.00 $ 6,900.00 1 $ 6,900.00 $ 6,900.00 $ lbb El ectrieal relocate RTU & Antenna installation LS 1 $ 1,500.00 $ 1,500.00 1 $ 1,560.00 $ 1,500.50 $ 1cc Electrical FPL concrete pads LS 1 $ 3,400,00 $ 3,400.00 1 $ 3,400.00 $ 3,400.00 $ - ldd Electrical generator concrete pad LS 1 $ 7,500.00 $ 7,560.00 1 $ 7,540.00 $ 7,500.00 $ lee Electrical grounding grid LS 1 $ 10,200.00 $ 10,200.00 1 $ 16,26D.00 $ 1 D,20100 $ Iff Electrical generatorinstallation LS 1 $ 69,000.00 $ 69,000.00 1 $ 69,000.00 $ 69,000.00 $ Igg Submersible Pwnp install wet well no. 2 LS I $ 18,375.00 $ 18,375.40 1 $ 18,375.00 $ 18,375.00 $ lhh Submersible Pumps installwetweilNo.I LS 1 $ 37,000.00 $ 37,000.00 1 $ 37,000.00 $ 37,000.00 $ lit Float Level Control System Install LS 1 $ 5D0,00 $ 50D,00 1 $ 540.00 $ 500.04 $ - li" Station s=u and testing LS I $ 5,000.00 $ 51040.00 1 $ 5,600.00 $ 5,004.00 $ lkk Gravel re lacement on site LS 1 $ 2,500.00 $ 2,500.00 1 $ 2,500.00 $ 2,500.00 $ III Fence install (165 w /(2 10' wide gates LS I $ 3,500.00 $ 3,500.00 1 $ 3,500.04 $ 3,500.00 $ lmm Landscaping LS I $ 4,000.00 $ 4,00D.06 1 $ 4,000.00 $ 4,000.00 $ - Inn Roadway Restoration LS 1 $ 500.04 $ 500.00 1 $ SDO,DO $ 504.00 $ loo As- Builts LS 1 $ 4,000.06 $ 4,0D0.00 1 $ 4,000.00 $ 4,004.00 $ 2 U ibty Allowance Breakdown Below LS 1 $ 25,000.00 $ 25,000.00 0.267 $ 25,000.00 $ 6,675.21 $ (18,324.79) I Additional scope consisting of the replacement of 6- inch DIP Riser Pipes & 316 SS Guide Rai€ Assembly; and the Replacement of 6 -inch DIP Horizontal Pipes between Wet Well #1 and existing Valve Vault; total cost includes a credit for not installing Sewper Coat Coating in Wet Well #1. Approved by Finance Director 02108!13. $ 4,601.53 Additional scope consisting of the purchase and installation of (2) deflector plates; on the 1C Invert Pipe at Wet Well #1. The 10" influent sanitary sewer, of the existing wet welt, is emptying directly onto the 6" force main riser pipes and pump guide rails. This current condition will deterioraie the piping and guide rails at an accelerated pace. Approved by City Manager �2l28113 °- $ 2,073.68 - 3 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.00 $ 1000 $ TOTAL ORIGINAL CONTRACT AWARD $406,700.00 $388,375.21 ($18,324.79) Page 1 of 2 SCHEDULE "A" TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT) INTERC01UNTY ENGINEERING, INC. LIFT STATION 100A UPGRADE - PROJECT NUMBER 11 -041 CHANGE ORDER NO. 1 1 FINAL - BREAKDOWN Quantity Adjustments (above) ($18,324.79) Testing Standby Charges (2 Hours) ($60.00) Cost of Second Substantial Completion Inspection; requested by Intercounty ($2,698.00) CHANGE ORDER NO. 1 / FINAL ($21,082.79) CHANGE ORDER NO. 1 /.FINAL SUMMARY Original Contract Award $406,700.00 Less Change Order No. 1/Final (above) ($21,082.79) Final Contract to Date $385,617.21 CHANGE ORDER NO. 1 1 FINAL $21,0$2.79 Page 2 of 2 o i 0 n n O' 1 CL II . Ii ME a� 0 W Q r � � z '1 I MIAMI i�r>• � ST NE 1ST STREET o o o N it O 0 Q L Z q ° _ _O E. ATLANTIC AVE. c ii a / nQ v l Q P ❑�� ° z �l • ,. -/a ntM!1 CITY of DELRAY BEACH LIFT STATION 100A UPGRADE DATE: D7/15/2011 ENVIRONMENTAL SERVICES DEPARTMENT I � 7 I . I a� 0 W Q r � � z '1 I MIAMI i�r>• � ST NE 1ST STREET o o o N it O 0 Q L Z q ° _ _O E. ATLANTIC AVE. c ii a / nQ v l Q P ❑�� ° z �l • ,. -/a ntM!1 CITY of DELRAY BEACH LIFT STATION 100A UPGRADE DATE: D7/15/2011 ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP LOCATION MAP 434 SOUTH SWFNrON AVENUE. DB-PAY BEACH, ROFiDA 33444 2011 -041 1 OF 1 MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: April 24, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF MAY 7, 2013 CONTRACT CLOSEOUT (C.O. NO.2 /FINAL) /RANDOLPH & DEWDNEY CONSTRUCTION, INC. /FIRE STATION NO. 1 STORM HARDENING ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (CO No. 2 /Final) in the net deduct amount of ($19,980.77) and a final payment amount of $74,339.75 to Randolph & Dewdney Construction, Inc. for completion of the Fire Station No. 1 Storm Hardening Project #12 -063. BACKGROUND On September 20, 2012, Commission approved a contract award to Randolph & Dewdney Construction, Inc. for the repair and hardening of the City's emergency operations center, also known as Fire Station No. 1 Headquarters. The scope of work consisted of the following: New 180 KW dual fuel generator and associated equipment within a new enclosure, removal of an existing underground 500 gallon LP tank and replacement with a new underground 1,000 gallon LP fuel tank. Removal and replacement of approximately 9,000 square feet of modified bitumen roofing; associated accessories, flashing, drains, etc. Removal of 49 existing windows and storefront system units and replacement with impact rated windows and storefront systems, as well as removal of one glass panel exterior door and replacement with new impact rated swing entry door. The restoration of all affected interior and exterior finishes including drywall, acoustical and drywall ceilings, floor finishes, stucco, and interior and exterior paint to match. At the same meeting, Commission approved Change Order No. 1 to reduce the amount of the Undefined General Allowance from $45,000.00 to $39,747.00 to synchronize the contract award amount and the matching available grant funding for the project of $613,347.00. This project is grant funded, reimbursed 100% through the Palm Beach County Department of Economic Sustainability. On April 16, 2013, Commission approved additional scope, in the amount of $16,670.14, for the repair of the extensive water damaged wood soffit; this structural hazard was concealed by 100 pound coquina stone sills and stucco facade; and was discovered during construction. The cost of the additional work was paid from the Contract's Undefined General Allowance. Change Order No. 2 /Final includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #686344 to funding accounts as follows: $14,797.76 to Account #118 - 1962 - 554 -62.89 (Neighborhood Services /Capital Outlay /Fire Station #1); and $5,183.01 to Account #118 - 1962 -554 -64.90 (Neighborhood Services /Capital Outlay /Other Machinery /Equipment). RECOMMENDATION Staff recommends approval of a Contract Closeout (CO #2/Final) in the net deduct amount of ($19,980.77) and a final payment amount of $74,339.75 to Randolph & Dewdney Construction, Inc. for completion of the Fire Station No. 1 Storm Hardening Project. CITY OF DELRAY BEACH. CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 21 Final (Contract Closeout) PROJECT NO. 12 -063 DATE: PROJECT TITLE: FS #I Storm Hardening TO CONTRACTOR: Randolph & Dewdney Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A ". SUMMARY OF. CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $618,600.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED _($5,253.00) ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $613,347.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($19980.77) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $593,366.23 PERCENT DECREASE THIS CHANGE ORDER - 03.22% TOTAL PERCENT DECREASE TO DATE - 03.22% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Randolph & Dewdney Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA fi7R7:11111 ;7111►L 10 N Y RECOMMEND: I:la0.161TA a 03 121111110111 1�i�i DELRAY BEACH, FLORIDA by its City Commission Environmental Services City Attorney IN Mayor ATTEST: By: City Clerk S'.1HngAdminlProjects12012 112- 063`OFFICIAL`CO 2 Final Randolph & Dewdney FS Al Storm Hardening CC 050713,doc CERTIFIED BY SCHEDULE "A" TO CHANGE ORDER NO.2 / FINAL (CONTRACT CLOSEOUT) RANDOLPH & DEWDNEX CONSTRUCTION, INC. FS #1 STORM HARDENING - PROJECT NUMBER 12 -063 ITEM NO DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY. UNIT PRICE TOTAL ACTUAL QTY. UNIT PRICE EXTENDED TOTAL PRICE QUANT ADJ. 1 Generator- 3159,105.34 lA Bond LS 1 $ 17,105.34 $ 17,105.34 1 $ 17,105,34 $ 17,105.34 $ IB Mobilization LS 1 $ 7,000.00 $ 7,000.00 1 $ 7,000.00 $ 7,000.00 $ 1C Generator LS 1 $ 80,000.00 $ 80,000,00 1 $ 80,000.00 $ 80,000.00 $ 1D Generator Enclosure LS 1 $ 21,000.00 $ 21,000.00 1 $ 21,000.00 $ 21,000.00 $ IE Generator Enclostwe Gate/Fencing LS 1 $ 4,500.00 $ 4,500.00 1 $ 4,500.00 $ 4,500.00 $ ]r Gas UG Piping & "tank I,8 1 $ 25,000.00 $ 25,000,00 1 $ 25,000.00 $ 25,000.00 $ 1G Relocate Bike Rack LS 1 $ 4,500.00 $ 4,500.00 1 $ 4,500.00 $ 4,500.00 $ 2 Flat Roof Replacement - $172,904.28 LS 1 $ - 1 $ - $ - $ 2A Preinstall Conference, Roofer Mobilized LS 1 $ 12,000.00 $ 12,000.00 1 $ 12,000.00 $ 12,000.00 $ 2B Tapered ISOD Delivered to Jobsite LS 1 $ 33,509.96 $ 33,509.96 1 $ 33,509.96 $ 33,509.96 $ 2C Tear Off Complete LS 1 $ 21,000.00 $ 21,000.00 1 $ 21,000.00 $ 21,000.00 $ 2D Irstalt ofInterply LS 1 $ 30,000.00 $ 30,000.00 1 $ 30,000.00 $ 30,000.00 $ 2F, f Roof Cam lete LS 1 $ 31,394.32 $ 31,394.32 1 $ 31,394.32 $ 31,394.32 $ 2F Casual Labor & Equipment Rental L.5 $ 45,000.00 $ 45,000.00 1 $ 45,000.00 $ 45,000.00 $ 3 Window & Door Replacements - $241,580,38 LS $ - 1 $ - $ $ 3A Window Demo & Removal LS $ 80,000.00 $ 80,000.00 1 $ 80,000.00 $ 80,000.00 $ 3B New rraming &Buck LS qI $ 30,000.00 $ 30,000.00 1 $ 30,000.00 $ 30,000.00 $ 3C New Windows & install LS $ 100,000.00 $ 100,000.00 1 $ 10C,000.00 $ 100,000.00 $ 3D InteriorFinish/Drywall LS $ 10,000.00 $ 10,000.00 1 $ 10,000.00 $ 10,000,00 $ 3E ExteriorI'mish;StneeO LS $ 14,590.00 $ 14,590.00 1 f 14,590.00 $ 14,590.00 $ 3F Paint/Caulk LS 1 $ 6,990.38 $ 6,990.38 1.0000 $ 6,990.38 $ 6,990,38 $ 4 Undefined General Allowance - Original ]lid Item amount was $45,000.00; but this was reduced by $5,253.00; processed as Change Order No. 1; when the contract was awarded by Commission on 09120112; due to grant funding. LS 1 $ 39,747.00 $ 39,747.00 0.4973 $ 39,747.00 $ 19,765.23 $ (19,980.77) Cost to cut and rind smooth concrete aver the existing block recess to receive the 2x sit! plate to reflect detail A3/A3.5; and additional demolition and mental framing for Type I windows. Approved by Finance Director 12/05/12. $ 3,096.09 Cost Ora ditional scope for the repair of extensive water damaged soffit. Approved by Commission on 04116 /l3. $ 16,670.14 5 Indemnity LS 1 $ 1D.D0 $ 10,00 1 $ 10.00 $ 10.00 $ TOTAL ORIGINAL CONTRACT AWARD $613,347.00 $593,366.23 ($19,980.77) Original Contract Award (Including Change Order No. 1 above) $613,347.00 Final Contract to Date $693,366.23 CHANGE ORDER NO. 2 I FINAL ($19,980.77) Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: April 4, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF MAY 7, 2013 DEVELOPERS AGREEMENT/ 116 N.E. 7TH STREET ITEM BEFORE COMMISSION Acceptance of a Developers Agreement for in -lieu of sidewalk installation along N.E. 2nd Avenue. BACKGROUND As part of an approved building permit for the construction of a single family residence at 116 N.E. 7th Street (see Location Map), the developer was permitted to install a sidewalk along N.E. 2nd Avenue. However, as part of the City's proposed N.E. 2nd Avenue Improvement project (P/N 11 -067), the City will be installing sidewalks along N.E. 2nd Avenue; design planned in 2013 -2014, with construction anticipated to begin in 2015. In lieu of installing sidewalk, the developer has agreed to pay the City for the installation of sidewalk that fronts the boundaries of his property along N.E. 2nd Avenue. Therefore an In -Lieu of Sidewalk Fee Agreement is needed. RECOMMENDATION Staff recommends approval of the Developers Agreement. Prepared by: RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN -LIEU OF SIDEWALK FEE AGREEMENT THIS AGREEMENT (the "Agreement ") is made as of the day of c , 2013, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ( "City "), and GAETAN RICHARD ( "Owner ") WHEREAS, Owner is the owner of certain real property located at 116 NE 7'h Street, Delray Beach, FL 33444(the "Property"); and WHEREAS, the Owner was permitted to install a sidewalk along NE 2nd Avenue for the property referenced above via permit 412- 139642 and the City's NE 2nd Avenue project which is scheduled for construction in 2015 will be installing sidewalks along the NE 2nd Avenue and instead of having the developer install sidewalks now to be ripped out in 2015, both parties have agreed to have Owner pay a fee in -lieu of providing the sidewalk; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing a sidewalk along the NE 2nd Avenue portion of the property located at 116 NE 7th Street. The City Commission has approved this request; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the in -lieu sidewalk fee shall be paid by Owner. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: North Del Ida Estates, Lot 2 3. The City hereby confirms that it has approved the payment of the fees described in this Agreement in -lieu of providing one hundred twenty feet (120') of sidewalk for the development of the subject property. 4. Owner shall pay to the City a total in -lieu of sidewalk fee of One Thousand Six Hundred Forty Dollars ($1,640.00). The total fee shall be paid as follows: (a) One payment in the amount of One Thousand Six Hundred Forty Dollars and 001100 ($1,640.00) by check delivered to the City upon execution of this Agreement by the Owner and delivered to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 6. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 7. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. $. This Agreement is not valid unless signed by the City's Mayor and City Clerk, 9. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: C City Clerk 2 CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor Approved as to Form: By: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH GAETAN C-H -° By-''�2 - %� 'Print Na e: f (CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of 11,� , f 1 2013 by e := _ , W,\ ° C ` t (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. jH/She ipersonally known to me or has produced as identi fi ation; 1 Al BRANDI HUGHEY * :*z ARy Cogg i1��14g1�.� K)N #yEE1168790 90 k k �tpp} 3&aJU1S3 3 i j igmdure of Notary public'- State of Florida ;,111C OEM • y Of TA dA �. IL Al # 1 r y { Alt, kt4 r Y a. • �, � � � i � • � { f fi r I 44L JL t MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: April 22, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MAY 7, 2013 RIGHT OF WAY DEED ACCEPTANCE/ 46 S.W. 9TH AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of two feet right -of -way deed for the west alley associated with the 46 SW 9thAvenue CRA Parking Lot. BACKGROUND At its meeting of March 27, 2013, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and landscape plan for the 46 SW 9th Avenue CRA Parking Lot. The Class V site plan approval was granted subject to the following right -of -way dedication: That a 2' r -o -w dedication to the west alley shall be depicted on the site plan, and must be executed via a deed agreement between the property owner and the City. Such deed agreement must be approved by the City Commission and recorded with Palm Beach County prior to site plan certification. The two feet right -of -way dedication deed has been reviewed and approved by the City Attorney's Office for legal form and sufficiency and is now before the City commission for acceptance. RECOMMENDATION Accept the two (2) right -of -way dedication deed for the west alley associated with the 46 SW 9thAvenue CRA Parking Lot. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 PIN 4 RIGHT -OF -WAY DEED THIS INDENTURE made this Lth day of Ro Ci 2013, between DELRAY BEACH COMMUNITY REDEVELOPMENT AGEN YC , with a mailing address of 20 N. Swinton Avenue, Delray Beach FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following - described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right- of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. Parry of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described right- of-way and that the same is unencumbered. Where the context of this Right- of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Si ed, sealed an delivered PAR OFT FI ST PART in he.presence o By. (Name printed or.type ' (Name printed or typed) (Address) (Name printed or typed) STATE OF �, C, COUNTY OFciVt i The foregoing instrument was acknowledged before me this day of 6 , 2013, by v , " e e . 11-CA'. r c '-_ CPA who is pers� ona1� known to me d has produced as identification. Kristyn Cox COMMISSION #EES59i93 AR. 23,2017 Signa tloridA o Lary Public - '•y��;`, v ARONNOTARYMM State �4iA111 G EXHIBIT A Land Description: The West 2.00 Feet of Lot 22, Block 1, Belair Heights, according to the Plat thereof on file with the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 20, Page 45. 3 MEOW .NM lb .!. A-0 �R- MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD /CRA Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: April 26, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF MAY 7, 2013 SERVICE AUTHORIZATION NO. 12- 02.1 /CALVIN GIORDANO AND ASSOCIATES, INC. ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute service authorization #12- 02.1 with Calvin, Giordano and Associates, Inc. for additional design services for the SE 2nd St - Swinton -SE 3rd Ave, Project #13 -020. The cost of this Service Authorization is $17,648.70. BACKGROUND On April 4, 2013, City Commission approved the service authorization for the design of SE 2nd St - Swinton -SE 3rd Ave Project. The project limits are defined as SE 2 nd Street from Swinton Avenue to SE 3rd Avenue, SE 2nd Avenue from SE 2nd Street to SE 3rd Street, the alleyway and Lots 6 and 7 of Block 87, Linn's Addition to Osceola Park. This additional design service authorization is for the inclusion of the alleyway of Block 88, Linn's Addition to Osceola Park (one block south of Block 87). The project will include paving and grading improvements to this alleyway. The Scope of Services will be to prepare full construction documents, beginning with conceptual design to the final design documents, statement of probable cost, project specifications and construction services and final certification. This is a CRA funded project, and the cost of this Service Authorization will be funded by the CRA with the exception of any water /sewer or drainage improvements which will be funded by the appropriate enterprise funds if required. FUNDING SOURCE Funding is available from: 334 - 3162 -541 -68.30 RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: April 15, 2013 CONSULTANT: Calvin, Giordano & Associates, Inc. SERVICE AUTHORIZATION NO. #12 -02.1 FOR CONSULTING SERVICES CITY P.Q. NO._ EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO. 12- 5520.1 TITLE: Block 88 Alle yway, SE 4`" Street to SE 3rd Street This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. I. PROJECT DESCRIPTION The project is located in Delray Beach, Florida east of Interstate 95. The project is the Southeast 2nd Avenue Alleys in Block 88, Linn's Addition to Osceola Park owned by the City of Delray Beach The Scope of Services will be to prepare full construction documents, beginning with conceptual design to the final design documents, statement of probable cost, project specifications and bid documents. The project includes paving and grading improvements to the alleyway. The existing alleyway is heavily used but unpaved, approximately 20' wide. The west side of the alley is commercial property and the east side is residential. There is an existing gravity sewer running down the center of the alley. A line of utility poles runs along the west side of the alley and will remain. The City of Delray Beach is the property owner. Stormwater Runoff from the alleyway will be collected in a system of inlets and catch basins which will be connected to the existing drainage trunkline on SE 3rd Street. The alleyway will be paved in accordance with City of Delray Beach standards for pavement section and utilizing City standard details. Commercial properties which currently have access to the alleyway will have that access continued. The existing trees along the project sites will be evaluated for retention or mitigation by our Landscape Architect. This project will be performed as an additional service to Services Authorization 912 -02 for 2nd Street Improvements. II. SCOPE OF SERVICES Phase I — Study and Reoort Phase Study and Report Phase Services are not included in this Service Authorization Phase H — Preliminary Desitin Phase Consultant shall provide preliminary design phase services in accordance with Article III B of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk - through will be included. In addition, potential underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field- verification information. 3. Preparation of preliminary design drawings shall include: cover sheet, general notes, Civil Engineering plan drawings, and miscellaneous City detail sheets. A table of contents for the specifications will be provided (specifications will not be prepared at this stage). 4. Consultant shall prepare base drawings of the project area using existing drawings that the City has provided to Consultant. The drawings will be in AutoCAD 2013 format. 5. Consultant shall coordinate with utility agencies to secure information regarding the location of their facilities in the project limits. Consultant shall contact Sunshine State One Call to get the contact info for the utility companies and send two sets of Utility Contact Plans after the Topographic Survey has been secured. 6. Consultant shall coordinate with City staff to secure any information that may be available regarding the City's facilities in the project area including as- builts and service maps. Phase III — Fidal Desigh Phase Consultant shall provide final design phase services in accordance with Article III C of the Agreement fot Engineering Services with the City, dated February 22, 2012. 1. After City approval is obtained, Consultant shall prepare construction drawings for the alleyway which shall include: • Cover Sheet • Topographic Survey • Paving, Grading and Drainage Plans and Details 2. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at 1" = 20' or larger. Two (2) plan sets will be submitted to the City at the 30 %, 60 %, 90% and 100% stages of the project. A review meeting will be held with the City to review comments from each of the aforementioned stages. 3. Consultant shall prepare at the 30, 60%,90% and 100% submittal stages a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of the design requirements incorporated during the various design review stages. 4. Consultant shall attend kick -off meeting and three (3) design meetings with the City and provide a written summary of the issues discussed. 5. Consultant shall provide internal QA/QC reviews on the 30 %, 60 %, 90 %, and 100% Design Documents (.drawings, specifications, and cost estimates, as appropriate). 6. Consultant shall upon acceptance of the 100% plans provide 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (version 2013 or lower) files in electronic format ( *.DWG and *.PDF) on CD. Specifications and Front -end documents shall be provided in electronic ( *.PDF and *.DOC) format. 7. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards and FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at 60 %, 90% and 100% stages. Phase IV -- Bidding/Negotiating Phase Consultant shall provide preliminary design phase services in accordance with Article III D of the Agreement for Engineering Services with the City, dated February 22, 2012. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide five (5) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall conduct a mandatory pre -bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental information or clarifications, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist city in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star ". Phase V — Construction Administration Construction Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other — Permitting 1. There is currently no South Florida Water Management District (SFWMD) Environmental Resource Permit for the subject property. The alleyway will not require a SFWMD Permit because it will qualify for a No- Notice General Permit in Uplands. After the plans are prepared a Notice of Intent to use the No- Notice General Permit will be sent to SFWMD. 2. Consultant shall provide three (3) signed and sealed sets of 100% (Final) Construction Drawings to the City for submittal to the City of Delray Beach Building Department, and three (3) signed and sealed sets of 100% (Final) Construction Drawings to the City Planning and Zoning Department for site plan certification. Consultant shall respond to inquiries issued by the City of Delray Beach Building Department and revise the drawings accordingly for the issuance of a building permit. Other — Surveine Consultant shall secure Topographic Survey of the proposed site, locating all above- ground improvements. The Topographic Survey will be provided electronically for engineering design purposes. Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right -of -way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right -of -way (including 10- feet back on each side of the right -of -way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two comers of the building on each lot or indication if the lot is vacant. b. Location of all known above and below ground existing utilities: FP &L, AT &T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean- outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim /grate elevations), and all other accessible structures. This will include coordination with Sunshine 811 and City of Delray Beach. c. Identify platted rights -of -way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d_ Elevations shall be indicated every 20 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right -of- way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right -of -way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. e. The survey shall include topography of the complete intersection, 50 feet beyond radius returns, at the terminal end of each street and alley. f. Provide and reference benchmarks at maximum 600 -foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD (Version 2013) Other — Geotechnical Geotechnical Services will be provided to support the drainage and roadway design. Geotechnical services will be provided as follows: a. CGA's sub consultant will visit the site to field mark (paint and /or stake) the planned boring locations and observe existing site conditions. b. CGA's sub consultant will contact Sunshine One -Call to request field location of underground utilities in the areas ofthe borings as per Florida Statutes. c. CGA's sub consultant will provide Maintenance of Traffic (MOT) for work along the roadway shoulders and closure of one traffic lane throughout the field drilling and testing operations. d. CGA's sub consultant will mobilize personnel and drilling equipment to the site and drill three (3) auger borings to depths of 6 feet below the existing ground surface at approximately 200 -foot intervals along the alleyway. The depth to groundwater in each boring will be measured. Following completion of the drilling operations, the boreholes will be backfilled with native soils. e. CGA's sub consultant will visually classify the collected soil samples using the American Association of State Highway and Transportation Officials (AASHTO) classification system. f. CGA's sub consultant will prepare a geotechnical report which will include, but not necessarily belimited to: • Detailed graphical logs of the soil borings showing the groundwater level and soil classifications. • Discussion of the suitability of the encountered soils for support of roadway pavement. Other — Field Verification NIA _ Other — Public Art NIA III. THE OF PERFORMANCE • Phase I is not included in this Service Authorization. • Phase II shall be complete within 60 days of Notice to Proceed. • Phase III shall be complete within 180 days after approval of design alternative and artist selection exclusive of City review time. Permitting shall proceed during this phase. • Phase IV shall be complete within 45 days from directive from City to provide Bid Documents. • Phase V is not included in this Service Authorization. IV. COMPENSATION Engineering Services Estimated Fees Phase I — Study and Report Phase NIA Phase It — Preliminary Design Phase $4,158.98 Phase III — Final Design Phase $7,218.68 Phase IV — Bidding/Negotiating Phase $256.61 Phase V — Construction Administration NIA Other — Permitting $751.98 Other — Surveying $4473.45 Other — Geotechnical $539.00 Other — Field Verification NIA Out-of-Pocket Expenses $250.00 Total Project Cost $17,648.70 Notes: Out -of- Pocket Expenses include the following: printing /reproduction/postage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. if the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: C� � mil � - � � 1 � .7,� • / � �II�l Date Mayor Attest: Approved as to Legal Sufficiency City Attorney CONSULTANT: Date By: (Seal) " I � Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of , 201_, was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of ,201 Notary Public State of Florida My Commission Expires: IMCalvin, Giordano & Associates, Inc. 131 E% C E P i 1 D N A L 5 0 L U 7 1 O N S 56U Vi]I�ge EnHI., 9vae 340, WW P41m Uk h, Elurido 33409 itlnne: 541.4&1.4161 • Fax: i61.4&S.63GD Certificate of Authorization No. 514 F-A Ire CyIILAIN0l /eQKO706YgM rA010:10 Oil *1AOIIre] MR Ire] 01.191 1:10311 M IM rA M DATE 4/12/2013 Project Title JCGA PROJECT NO. City of Delray Beach SE 2nd Street Improvements 12- 5520.1 CSA Number CSA 2.1 Work Activity Employee Classification Hours Hourly Rate Total Phase I - Study and Report Phase - Not Included in This Project Project Manager (IV) 0 $ 137.23 $ - Project Engineer (III) 0 $ 119.38 $ - Senior CADD Tech Manager 0 $ 98.10 $ - Clerical 0 $ 69.47 $ - Task Subtotal 0 $ - Phase II - Preliminary Design Phase Project Manager (IV) 5 $ 137.23 $ 686.15 Project Engineer (III) 8 $ 119.38 $ 955.04 Jr. Engineer (1) 4 $ 77.27 $ 309.08 Senior CADD Tech Manager 16 $ 98.10 $ 1,569.60 Sr. Landscape Architect 1 $ 141.83 $ 141.83 Landscape Architect 2 $ 109.70 $ 219.40 Landscape CADD Technician 0 $ 69.93 $ - Clerical 4 $ 69.47 $ 277.88 Task Subtotal 1 40 $ 4,158.98 Phase III - Final Design Phase Project Manager (IV) 6 $ 137.23 $ 823.38 Project Engineer (III) 16 $ 119.38 $ 1,910.08 Jr. Engineer (1) 16 $ 77.27 $ 1,236.32 Senior CADD Tech Manager 32 $ 98.10 $ 3,139.20 Sr. Landscape Architect $ 141.83 $ - Landscape Architect 1 $ 109.70 $ 109.70 Landscape CADD Technician $ 69.93 $ - Clerical 0 $ 69.47 $ - Task Subtotal 71 1 $ 7,218.68 Phase IV - Bidding /Negotiating Phase Project Manager (IV) 1 $ 137.23 $ 137.23 Project Engineer (III) 1 $ 119.38 $ 119.38 Senior CADD Tech Manager 0 $ 98.10 $ - Sr. Landscape Architect $ 141.83 $ - Landscape Architect 0 $ 109.70 $ - LandscapeCADDTechnician $ 69.93 $ - Clerical $ 69.47 1 $ - Task Subtotal 2 $ 256.61 Phase V - Construction Administration - Not Included in This Project Project Manager (IV) 0 $ 137.23 $ - Project Engineer (III) 0 $ 119.38 $ - Sr. Landscape Architect 0 $ 141.83 $ - Landscape Architect 0 $ 109.70 $ - Clerical 0 $ 69.47 $ - Task Subtotal 0 $ - Other - Permitting Project Manager (IV) 2 $ 137.23 $ 274.46 Project Engineer (III) 4 $ 119.38 $ 477.52 Sr. Landscape Architect $ 141.83 $ - Landscape Architect $ 109.70 $ - Task Subtotal 6 $ 751.98 Other - Surveying Senior Registered Surveyor 2 $ 149.25 $ 298.50 Survey Coordinator 6 $ 78.58 $ 471.48 CADD Technician 16 $ 74.52 $ 1,192.32 Survey Crew (3 party) 15 $ 167.41 $ 2,511.15 Task Subtotal 39 $ 4,473.45 Other - Geotechnical Soil Borings 1 11 539.00 1 $ 539.00 Task Subtotal 1 1 $ 539.00 Other - Out of Pocket Expenses Printing/Reproduction /Postage I Task Subtotal I $ 250.00 CSA Labor Total $ 16,859.70 CSA Subconsultant Total $ 539.00 CSA Out of Pocket Totall 250.00 CSA Total 1 $ 17,648.70 S. E. z O Ll S.E. z of DELRAY BEACH w ST. LL BLOCK 88 ALLEY DA 334 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPo 44 LIU c/) U Owl 0 z N W 1ST 2ND o = M � 3RD z O m O m of DELRAY BEACH w ST. LL BLOCK 88 ALLEY DA 334 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPo 44 LIU U —1 4TH LO W W vi cn z O m O m ST. r ST. z O m z m O z Li ST. Q 6TH ST. Q Q Ln Q0 W W 7TH cn F1 F1 F1 11 F1 F of DELRAY BEACH w LL BLOCK 88 ALLEY DA 334 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPo 44 LIU U —1 4TH ST. r ST. z O m z m O z Li ST. Q 6TH ST. Q Q Ln Q0 W W 7TH cn F1 F1 F1 11 F1 F of DELRAY BEACH SE 2 ST — SWI NTON —SE 3 AV DATE:3 /26/13 �CITY b ENVIRONMENTAL SERVICES DEPARTMENT BLOCK 88 ALLEY DA 334 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPo 44 Proj. # 13 -020 Of MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD /CRA Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: April 5, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF MAY 7, 2013 SERVICE AUTHORIZATION NO. 12 -04 / KIMLEY -HORN AND ASSOCIATES, INC./ S SWINTON- S.W. /S.E. 1ST STREET SIGNAL ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute service authorization #12- 04 with Kimley -Horn and Associates, Inc. for professional services for the S Swinton -SW /SE 1st Signal, Project #13 -022. The cost of this Service Authorization is $46,857.08. BACKGROUND This service authorization is to replace the existing span wire signal at the intersection of Swinton Avenue and SE /SW 1st Street with a mast arm signal. As part of the traffic conversion to two -way on SE 1st Street, the City has coordinated with Palm Beach County and agreed that due to right -of -way restrictions and potential conflicts with existing overhead utilities, the proposed signal will consist of one mast arm pole assembly to serve the entire intersection. The design services includes survey, subsurface utility exploration, interconnect design, permitting, geotechnical, bidding and construction plans. FUNDING SOURCE Funding is available from account #334 - 3162 - 541.68 -32 RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Kimlev Horn and Associates. Inc. SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: Signal Design and Plans for Swinton Avenue and SE /SW I" Street CITY PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. I. PROJECT DESCRIPTION Kimley -Horn and Associates, Inc. ( "KHA ") is pleased to submit this service authorization request to the City of Delray Beach ( "Client ") for signal design services. Our project understanding, scope of services and fee follow. The City wishes to replace the existing span wire signal at the intersection of Swinton Avenue and SE /SW I" Street with a mast arm signal. The City has coordinated with Palm Beach County and agreed that due to right -of -way restrictions and potential conflicts with existing overhead utilities, the proposed signal will consist of one mast arm pole assembly to serve the entire intersection. II. SCOPE OF SERVICES Phase I — Study and Report Phase Study and Report Phase Services are not included in this Service Authorization Phase II — Preliminary Design Phase Preliminary Design Phase Services are not included in this Service Authorization Phase III — Final Design Phase Provide signal design services as described in Tasks 1 through 3. Task I — Design Survey and Subsurface Utility Exploration (SUE) Services Perform a design survey for the intersection and extend limits of survey to 50 feet on each leg past the PC of each curb radius return. Survey the locations of SUE test holes. Provide subsurface utility locating service for a maximum of 6 test hole locations. Signal at Swinton and SE 1St St. Task 2 — Geotechnical Services Perform a geotechnical investigation services for one mast arm pole location per FDOT requirements. Task 3 — Signalization Design and Plans Preparation Perform signal operation design analysis for the proposed signalization work at Swinton Avenue and SE /SW 1st Street. Develop traffic signal plans for the proposed signal which will consist of one standard mast arm pole assembly that will serve the entire intersection. The new traffic signal will be designed using the standard FDOT design. It will not be a Trombone type signal. The Traffic Signal Plans will be developed per the requirements of Palm Beach County. These plans will address new mast arms and foundations, traffic signal heads, pedestrian features and signal operation phasing. The structural analysis associated with the mast arm installations will be developed one time, after Palm Bach County's approval of the proposed mast arm locations. Video detection equipment will be installed at the new mast arm traffic signal. Plans will show resurfacing of the immediate intersection area to provide new striping. Resurfacing will be limited to 10' beyond the curb return on each leg of the intersection. Existing brick paver sidewalks will remain as is. Task 4 — Interconnect Design and FDOT Permitting Prepare interconnect communication plans if required to connect to connect the signal to Atlantic Avenue and 2nd Street signals. If connecting to Atlantic Avenue prepare a permit application from Florida Department of Transportation (FDOT). Phase IV — Biddin2/Ne2otiatin2 Phase Task 5 — Bidding Services Based on City's boiler plate front end documents, fill in required information and prepare final bid documents. Technical specifications will mainly reference the FDOT specifications. Palm Beach County specific requirements will be provided as plan notes. Advertisement and contract award will be performed by the City. Phase V — Construction Administration Construction Administration Services are not included in this Service Authorization ADDITIONAL SERVICES Upon your authorization, KFIA will provide any additional services that may be required beyond those described in the scope of services above. These services may include but are not limited to such items as the following: Redesign the location of the signal if right -of -way is obtained at a different intersection corner than originally designed. Intersection drainage modification design Additional meetings, exhibits, deliverables Signal at Swinton and SE 1St St. SCHEDULE KHA will begin work upon receiving authorization from the City in accordance with a mutually agreed upon schedule. Below are anticipated activity durations Design Survey and SUE Services 2 week Geotechnical Services 2 weeks Signalization Design 5 weeks County Approval 12 weeks Vl. BUDGET Fee and Expenses KHA will perform the Services in tasks 1 -5 for the total lump sum fee below. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are informational only. Reimbursable Expenses billed under this contract could include: in -house duplicating, local mileage, facsimiles, postage, express delivery services, large- format color printing, construction drawing printing, specification printing, and other out -of house printing. Optional services will be billed on a lump sum basis after written authorization from City to start those services or a portion thereof. Additional services which may be identified as needed at a later time will be negotiated at that time. Phase III and IV ( Lump Sum Fees) Task 1 - Design Survey and SUE Services $11,540 Task 2 - Geotechnical Services $3,600 Task 3 — Signalization Design and plans preparation $25,489.20 Task 4 — Interconnect Design and FDOT Permitting $3,820.98 Task 5 — Bidding Services $2,406.90 Expense Allowance $ 0 Total Contract $46,857.08 Signal at Swinton and SE 1St St. VII. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney KIMLEY -HORN AND ASSOCIATES, INC. Date ME (Seal) BEFORE ME, the foregoing instrument, this day of 2013, was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of 2013 Notary Public State of Florida My Commission Expires: K:\ BCD_ Roadway\_Marketing \Delray_Swinton_SE_1_St Signal\ Contract \Scope_20130226_Swinton_ SE 1st Signal_Delray_MHM_.doa Signal at Swinton and SE 1St St. 4 L W O to W W to L() L() M to � c0 �� CO V V V CO O M N W V M V O Qj Qj 69 69 69 69 69 69 69 69 69 69 i co co O L >,2 O U co N �IzT N O M W M L) N O N O N O V N co M N c0 Q U V � V N W_ O fl_ C t0 M M O O O O O O Z M O h 'y > U M� W N M O f� O(0 0 CO O W M NO LO CO M N � L() N O O O � — V O le to Lf) h Lf) O t70 m Q M M �_ O �_ O O �_ M W N CV O Q O r M � to 6t) EA fA fA fA Ef} Ef} fA Ef} Ef} 6e, fA 69 M Ef} — le ? 69 fA 69 fA EA a >+ M M M M M M M M M M M M C W O �f0 7� 0 = co co co co co co co co co co��-0 .. W U H-} Qf Qf 69 69 69 69 69 69 69 69 69 Q W O 69 LL C c0 = O M H H Q O N to V V N O��'zT M N V Z O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CC 0 0 0 0 0 0 t Q _ ~ o U b) In EA EA EA EA EA EA EA EA EA EA EA 69 Q O 0 L C W 06 L O W m 'Q >' N k LL Q L D O W N N O O O N O N O O -i y> W J O J 0= O '� Cl) �_ �~ c0 vim.. (n (D H JYJ oW ~O �~ w y w y w � o c0 o O CD to w c v v v v v v v v v v v v ► Q w Z < v ? ° d C O V N W N W O W O_ N V M 00 ' `_ C (n Cl) 210 �5 M V M V M V M V M V M V M V M V M V M V M V M V _ C � N M M mmmmmmmm m LO Lo ,c_D ~ _ fA fA fA fA fA fA fA fA fA fA fA fA Q O C d � V i N O N O N N to — to C .y d p _ t0 ZT � O ° C 0 E to V :5 c0 d .>', O J RU N c0 O Q H O H Q 06 O m O -p 0 H O_ c0 «S O .r C) N `O U O 2 N sT O O .2- U to N O •C- (� c: `� c (� U f0 c U sT O' O O U Q N N 0 d dmco�0) o _ o m 2iidFLm e c c c z z z A T L A N T I C A V E N U E ST. w C � w 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 # O 1 D Q L Q S.W. 1ST A V E N U E 4TH ST. F- Q ' F ST c c L U ST. S SWI NTON —SW /E 1ST SIGNAL DATE:3 /26/13 C � H 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 # O 1 D L 4TH ST. F- Q ' F ST c c L U II II I ST. S SWI NTON —SW /E 1ST SIGNAL DATE:3 /26/13 �CITY b ENVIRONMENTAL SERVICES DEPARTMENT Proj. 13 -022 1 t 1 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 # O 1 vi z I w cn O N U; ST. ST. II II I ST. S SWI NTON —SW /E 1ST SIGNAL DATE:3 /26/13 �CITY b ENVIRONMENTAL SERVICES DEPARTMENT Proj. 13 -022 1 t 1 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 # O 1 vi I w O N ST. II II I of DELRAY BEACH S SWI NTON —SW /E 1ST SIGNAL DATE:3 /26/13 �CITY b ENVIRONMENTAL SERVICES DEPARTMENT Proj. 13 -022 1 t 1 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 # O 1 MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: April 15, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF MAY 7, 2013 AMENDMENT NO.2 TO THE INTERLOCAL AGREEMENT WITH THE CRA: FUNDING OF CONSTRUCTION/ PROFESSIONAL SERVICES ITEM BEFORE COMMISSION This item is before the Commission for approval /authorization for the Mayor to execute Amendment Number Two to the Interlocal Agreement between the City of Delray Beach and the CRA for Funding Construction/Professional Services FY 2012 -2013. BACKGROUND The attached Amendment Number Two includes the following changes: 1) Increase the CRA's contribution for the design of NE 2nd Ave /Seacrest Blvd from $110,000 to $150,000; 2) Reduce the CRA's contribution to the Block 117 Garage Conceptual Design from $50,000 to $24,200; and 3) Provide $75,800 for the installation of multi -space meters in Old School Square (OSS) Garage. The increase in the NE 2nd Ave /Seacrest Blvd design work is a result of additional requirements, such as environmental review and other Local Agency Program (LAP) obligations and responsibilities. These are required because the City received a federal grant on this project. The decrease in the funding for the garage conceptual design work, was the result of staff negotiating a lower fee on this project. The funding for the multi -space meters in OSS Garage, along with the Block 117 garage conceptual design, was identified in the original inter -local agreement. This amendment provides a specific CRA contribution to the OSS Garage meter project. AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION /PROFESSIONAL SERVICES FY 2012 -2013 THIS AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTION /PROFESSIONAL SERVICES is made this day of , 2013, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY "), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA "). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding of Construction /Professional Services on September 28, 2012 (the "Original Agreement "); and WHEREAS, on December 13, 2012, the CITY and the CRA entered into the First Amendment to the Original Agreement in order to amend Exhibit "A" to the Original Agreement, to provide for funding for Block 20 Alley improvements and the funding for the Pompey Park Concession Stand (the "First Amendment "); WHEREAS, the CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the First Amendment, to provide for an increase in the amount of funding for Item P: City Project Number 2011 -067 (NE 2 "d Ave /Seacrest Beautification) from $110,000 to $150,000, to modify Item O: Parking Study Implementation - Block 117 — Garage Plan to include City Project Number 2013 -067 (Parking Study Implementation — OSS Garage Meters) in the amount of $75,800, and reduce the amount of funding for City Project Number 2013 -594 from $50,000 to $24,200, (the "Second Amendment "), NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the First Amendment, to provide for an increase in the amount of funding for Item P. City Project Number 2019 -067 (NE 2°d Ave /Seacrest Beautification) from $110,000 to $150,000, to modify Item O: Parking Study Implementation - Block 197 — Garage Plan to include City Project Number 2013 -067 (Parking Study Implementation - OSS Garage Meters) in the amount of $75,800, and reduce the amount of funding for City Project Number 2013 -594 from $50,000 to $24,200. 3. Exhibit "A" to the Original Agreement is hereby amended as provided in Exhibit "A ", which is attached to this Second Amendment, and incorporated herein by reference. 4. All other terms and conditions of the Original Agreement, as amended by the First Amendment, not in conflict with this Second Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director CITY OF DELRAY BEACH, FLORIDA 0 Cary D. Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT GENCY By: Howard Lewis, Chair H:1 GOV CLIENTSIDBCRA 655/060018 DBCRAIAGMT 20131Second Amendment to ILA - Construction Professional Services Funding FY- 12- 13.docm 2 EXHIBIT "All Fiscal Year 2012 -2013 Projects' City Project # Project Name Amount of CRA Fundin 2009 -041 Atlantic Avenue Gateway Feature $ 100,000.00 B 20 -12 -051 Swinton & Atlantic Intersection $ 80,000.00 C 2012 -623 NE 1St Avenue Streetscape Improvements —NE 1SSt/NE 2nd St $ 275,000.00 D 2009 -006 Blocks 19 & 20 Alley Improvements $ 160,000.00 E 2011 -009 Block 32 Alley $ 100,000.00 F 2010 -041 NW 127 Ave — Atlantic to MLK $ 600,000.00 G 2011 -024 NE 3rd St /Ave Streetscape & Alley Improvements $ 60,000.00 H 2004 -006 SE & NE 1" St - One-Way Pair (Conversion) $ 115,000.00 1 2010 -039 SW 2" Street Beautification $ 1,000,000.00 J 2010 -027 Bus Shelters $ 75,000.00 K 2011 -017 Fire Headquarters Public Plaza $ 230,000.00 L 2013 -604 SE 2nd St (Swinton — SE 3`d Ave ), SE 2nd Ave & Alleys Blk 87 $ 650,000.00 M 2013 -597 Osceola Park Alleys Phase 2 $ 230,000.00 N 2013 -550 Downtown Tree Grate Replacement $ 140,000.00 O 2013 -594 Parking Study Implementation Block 117 - Garage Plan $ 24,200.00 2013 -067 Parkinq Study Implementation (OSS Garage Meters) $ 75,800.00 11P 2011 -067 NE 2" Ave /Seacrest Beautification $ 150,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD /CRA Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: April 5, 2013 SUBJECT: AGENDA ITEM 8.11 - REGULAR COMMISSION MEETING OF MAY 7, 2013 SERVICE AUTHORIZATION NO. 12 -02/ WANTMAN GROUP INC. ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute Service Authorization #12 -02 with Wantman Group, Inc. for the design of NE 2 Ave /Seacrest Beautification, Project #11 -067. The cost of this Service Authorization is $149,201.00. BACKGROUND On January 26, 2012 the City of Delray Beach recieved federal funding through the Transportation Enhancement Program. The funding is providing $598,340.00 dollars in Transportation Enhancement funds with the City of Delray Beach providing $292,000.00 in local funds for Construction. NE 2 Ave /Seacrest Beautification Project is a Florida Department of Transportation (FDOT) Transportation Enhancement Project - Local Agency Program (LAP) for: Historic Del -Ida Park Beautification project for NE 2nd Avenue from NW 4th Street to George Bush Boulevard. This service authorization is for the engineering design, surveying, geotechnical, lighting, landscaping, permitting, cultural resources assessment and environmental assessment for the above referenced FDOT LAP project which includes the following components: - Dedicated Bike Lanes - Decorative Sidewalks - Landscaping - Irrigation - Brick paver Crosswalks - Decorative Lighting FUNDING SOURCE The Community Redevelopment Agency (CRA) is funding this service authorization, contingent upon approval of Amendment Number Two of the Interlocal Agency Agreement betweeen the CRA and the City of Delray Beach. Funding will be available from account #334 - 3162 - 541.68 -78. RECOMMENDATION Staff recommends approval. ATTACHMENT I— Location Area Map ' ... S'�Iti�� 241f IL �- V >� do 1 � - 4 An •• �- of . ti Aim Ago' 41 , rv- imp J l , ❑ OA Nt9f IMP S757EW -- %W REF 5 VOgmIPq f 10W1j %VWAS\0m%EI5\HST R"MOW Ila 1146 MNI Ila.* " "' "` `GALE DEL —IDA PARK AERIAL �.... ..�.... �... �.,..r. m """""°" LOCATION MAP F NJ 11111 ❑ OA Nt9f IMP S757EW -- %W REF 5 VOgmIPq f 10W1j %VWAS\0m%EI5\HST R"MOW Ila 1146 MNI CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12 -02 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. 11 -067 CONSULTANT PROJECT NO. TITLE: NE 2 Ave /Seacrest Beaut. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the contract executed January 24, 2012. In addition, the services will be performed per the Local Agency Participation (LAP) Agreement (FM No. 431650- 1- 58 -01) between the City of Delray Beach (City) and the Florida Department of Transportation (FDOT) dated 01 -25 -12 and be prepared per the FDOT Design Standards and Guidelines and contractual requirements for LAP Projects. Title: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION Florida Department of Transportation (FDOT) Transportation Enhancement Project - Local Agency Program (LAP) for: Historic Del -Ida Park Beautification Project for NE 2nd Avenue from NW 4th Street to George Bush Boulevard. Engineering Design, Surveying, Geotechnical, Lighting, Landscaping Permitting, Cultural Resources Assessment and Environmental Assessment for the above referenced FDOT LAP project which includes the following components: A. Reduction in Travel Lane Width: The present width of each travel lane is twelve (121); the City seeks to reduce each lane to ten feet (10'). The reduction will not only assist in the provision of bicycle facilities, but will encourage motorists to maintain the posted speed limit as they travel through a residential area and into a thriving downtown. ® Wantman Group, Inc. _ 1 _ ErrQlneping ♦,RUVgylnyfEmlmnmgnfolf Plannkr� B. Dedicated Bike Lanes: A four foot (4') wide dedicated bike lane will be provided on each side of NE Second Avenue and contain appropriate markings, complemented by sufficient signage to create awareness for both motorists and pedestrians. The bike lane will be constructed of the recommended colored asphalt. C. Decorative Sidewalks: All sidewalks will consist of concrete and contain a decorative brick paver border. Existing sidewalks will be replaced or altered as necessary, and additional sidewalks will be installed where they do not presently exist and /or extended to provide cross - access at each corner. All existing and proposed sidewalks will measure five (51) wide. D. Landscaping: The existing swale areas measure approximately seven (7') wide where the landscaping is limited to grass and approximately twelve (12) Cassia trees which were sporadically planted within the project area in 2010. The proposed landscaping will provide shade for pedestrians and bicyclists, while significantly improving the streetscape. Approximately twenty -four (24) landscape islands measuring five (51) wide by twenty (201) long will be created (twelve islands on each side). Each island will contain three (3) accent trees (Foxtail, Spindle, Sylvester, Miraguama Palms /Gumbo Limbo, Cassia), fifteen (15)shrubs (Cocoplum, Podocarpus, Croton, Perennial Begonias, Dwarf Firebush), three (3) accent shrubs (Queen Emma, Bromeliads, Ornamental Grasses), and groundcovers (Trailing Chenille, Juniper, Portulaca, Lantana). Decorative curbing will be installed to complement the brick sidewalks and provide an appropriate aesthetic to the historic neighborhood. E. Irrigation: Irrigation shall be provided in each of the landscape islands developed in the descriptions noted above. F. Crosswalks: Brick paver crosswalks will be provided at all north /south intersections within the project area, while east /west crosswalks will be provided at four intersections: NE Fourth Street, NE Fifth Street, NE Sixth Street, and George Bush Boulevard. The crosswalk at NE Fourth Street will be limited to the north side of the intersection and the crosswalk at George Bush Boulevard ® Wantman Group, Inc. -2— ErrQlneping ♦,RUVgylnyfEmlmnmgnfolf Plannkr� will be limited to the south side of the intersection as these locations are within the project area. The crosswalks at NE Fifth Street and NE Sixth Street will provide a complete pedestrian system at two points within the project area. In addition, each of these crosswalks is located at an intersection which includes the two triangular parks along NE Second Avenue, further encouraging their use and enjoyment. The triangular park at the NE Sixth Street intersection is considered "Public Art" as it was recently improved through a project by the Delray Beach Public Arts Advisory Board. G. Decorative Lighting: The proposed decorative light fixtures will consist of a spun concrete pole with a decorative base and will be topped with the City's typical acorn fixture. Single and double fixtures will be appropriately placed throughout the project area. The double fixtures contain a decorative bracket with scroll, which adds to the effort to maintain a historically appropriate streetscape aesthetic. E. Utilities: It is our understanding the design will include the extension of an 8" watermain from the southern terminus of the project to the northern terminus. There will be no other underground utility improvements included in this project except for minor adjustments of above ground structures including manhole covers, drainage structures, and watermain valves. F. Local Agency Program (LAP) Administration: Assist the City in the preparation of documents, reporting and coordination to meet the obligations and responsibilities of the LAP Local Agency (City) Agreement. G. LAP Environmental Review: Prepare a report based on the Class of Action for this project being a Programmatic Categorical Exclusion (PCE) per the Federal Highway Administration (FHWA, Federal Transit Authority (FTA), and the Florida Department of Transportation (FDOT Agency Operating Agreement. ® Wantman Group, Inc. II. SCOPE OF SERVICES Phase I- Study and Report Phase Not Applicable. Phase II - Preliminary Desian Phase Not Applicable. Phase III - Final Desian Phase WGI shall provide final design services in accordance with Article III.0 of the Agreement for Engineering Services with the City, dated January 24, 2012. A. Construction Plans and Specifications - WGI shall prepare construction plans, technical specifications, cost estimates, surveys, and utility locating services conforming to the requirements of the current Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Green Book) as applicable. Plans, Specifications, Surveys and Estimates will be submitted for FDOT review per the FDOT Design Phase Schedule: Design Phase I, Design Phase II, Design Phase III and Design Phase IV. Phase IV - Biddinq /Negotiation Phase WGI shall provide final bidding phase services in accordance with Section III "Duties of the Consultant" (Subsection D 1 -5) of the Agreement for Engineering Services with the City, dated January 24th 2012. A. WGI shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). WGI will also assist in the coordination of bid documents as required by the FDOT for Federally Funded LAP projects. It is anticipated that work shall be awarded under a single construction contract. WGI shall provide five (5) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. ® Wantman Group, Inc. B. WGI shall attend one mandatory pre -bid conference and provide a written summary of issues discussed via addendum. C. WGI shall issue addenda and shall provide supplemental information or clarification as appropriate to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. D. WGI shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. WGI shall submit to City a written recommendation concerning contract award. WGI shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star ". Phase V - Construction Administration Not Applicable Other - Permitting WGI will secure a permit from the South Florida Water Management District - Letter Modification Other - Survevin WGI shall prepare FDOT Design Standard Compliant Topographic Survey and DTM survey conforming to the requirements of the current Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Green Book) as applicable. Surveys and estimates will be submitted for FDOT review per the FDOT Design Phase Schedule: Design Phase I, Design Phase II, Design Phase III and Design Phase IV. Other - Subsurface Utility Enqineerinq (SUE) Location Services ® Wanfinan Group, Inc. -5- ErrQlneping ♦,RUVgylnyfEmlmnmgnfolf Plannkr� WGI will perform SUE location services (soft -digs) on utility mains /conduits in the right -of -way for design and will incorporate this information into the survey drawings. This service also includes gathering of utility information from local providers. Other - Geotechnical Services: WGI will provide 4 borings to 10 ft deep and 4 Auger Borings including maintenance of traffic, utility /access coordination, layout and evaluation of information obtained from the cores. Other - Cultural Resources Assessment: WGI will provide a Cultural Resource Assessment to meet FDOT guidelines and will comply with Section 106 of the National Historic Preservation Act (NHPA) of 1966 (Public Law 89 -655, as amended), as implemented by 36 CFR 800 (Protection of Historic Properties), Chapter 267 F.S., and the minimum field methods, data analysis, and reporting standards embodied in the Florida Division of Historic Resources (FDHR) Historic Compliance Review Program (November 1990, final draft version). In addition, the study will be undertaken based on the FDOT PD &E Manual's requirements and Chapter 1A -46 (Archaeological and Historical Report Standards and Guidelines), Florida Administrative Code. (See attached scope of services outline from Janus Research). The Principal Investigator will meet the Secretary of the Interior's Professional Qualification Standards (48 FR 44716). Other - LAP Environmental Review Report WGI will prepare a report based on the Class of Action for this project being a Programmatic Categorical Exclusion (PCE) per the Federal Highway Administration (FHWA, Federal Transit Authority (FTA), and the Florida Department of Transportation (FDOT Agency Operating Agreement. Other - Landscapina, Irrigation, Hardscape and Street Liahti WGI will provide landscape architecture design, hardscape design, decorative street lighting and irrigation design and specifications per the current Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Green Book). ® Wantman Group, Inc. -6- ErrQlneping ♦,RUVgylnyfEmlmnmgnfolf Plannkr� III. COMPENSATION The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not -to- exceed cost for each phase. Engineering Services Estimated Fees Phase I - Study and Report Phase (Not Applicable) - -- Phase II - Preliminary Design Phase (Not Applicable) - -- Phase III - Final Design Phase $66,530.00 Phase IV - Bidding /Negotiating Phase (CITY /FDOT) $6,539.00 Phase V - Construction Administration Phase (Not Applicable) - -- Other Services - Permitting (Included in Phase III (Design Phase) Other Services - LAP Environmental Review $10,920.00 Other Services - Surveying $13,800.00 Other Services - Subsurface Utility Engineering $2,800.00 Other Services - Geotechnical $3,000.00 Other Services - Cultural Resources Assessment $9,732.00 Other Services - Landscaping,Irrigation and Hardscape $16,770.00 Other Services - Street Lighting Design $16,360.00 Reimbursables - IV. COMPLETION DATE $2,750.00 Total Compensation $149,201.00 To be completed by 2/6/2015 as established by the LAP Agreement between the City and FDOT ( "Encumbrance" Phase). ® Wantman Group, Inc. -7- ErrQlneping ♦,RUVgylnyfEmlmnmgnfolf Plannkr� This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency and Form WGI: Wantman Group, Inc. Date by: (Seal) Witness Witness BEFORE ME, the foregoing instrument, this day of , 2013, was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State a foresaid this day of , 2013. Notary Public State of Florida My Commission Expires 5:0 ®Wantman Group, Inc. ErrQlneping ♦,RUVgylnyfEmlmnmgnfolf Plannkr� \ E 2 k / E j } - F w2 « g R»»R% S S S R § omen= a-: 3 0 ) - ° � }§em W F /rm22 «emcee § _RRf ON oe� n ) o R -69 69 - - 69 69 -- 6969 - - ) E -q $ |)a a m 6 _ � \ \ /m e �§ ooe eew� om �) _ \d _ u � cn u \ 2 C-4 0 R R k�� $� mF /m e�n� c �c \ Q \ / k /wn X 22 �[ eoew �m co w )£� k u E - k J ){ m \\ a ■ EL w § //§ > u- � - -- 4 � 7 7 7 m 3 3 3 : �\\\2 ) ƒ § a- § / # T m�tre 2 2 / / /. §�� E ) /// %k J))) )\\\k ® / //0 2 m e e 2 2 2 ¥ > oƒ § § w: g m¥ a a = 3 £ _ LL 2 2 2%@@ : m G){ k cn U �))2 m § m / \ ) / j \ w 0 u E \ j \k ) § ƒ _ _ R IL \ E 2 k / E j } AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION /PROFESSIONAL SERVICES FY 2012 -2013 THIS AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTION /PROFESSIONAL SERVICES is made this day of , 2013, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY "), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA "). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding of Construction /Professional Services on September 28, 2012 (the "Original Agreement "); and WHEREAS, on December 13, 2012, the CITY and the CRA entered into the First Amendment to the Original Agreement in order to amend Exhibit "A" to the Original Agreement, to provide for funding for Block 20 Alley improvements and the funding for the Pompey Park Concession Stand (the "First Amendment "); WHEREAS, the CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the First Amendment, to provide for an increase in the amount of funding for Item P: City Project Number 2011 -067 (NE 2 "d Ave /Seacrest Beautification) from $110,000 to $150,000, to modify Item O: Parking Study Implementation - Block 117 — Garage Plan to include City Project Number 2013 -067 (Parking Study Implementation — OSS Garage Meters) in the amount of $75,800, and reduce the amount of funding for City Project Number 2013 -594 from $50,000 to $24,200, (the "Second Amendment "), NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the First Amendment, to provide for an increase in the amount of funding for Item P. City Project Number 2019 -067 (NE 2°d Ave /Seacrest Beautification) from $110,000 to $150,000, to modify Item O: Parking Study Implementation - Block 197 — Garage Plan to include City Project Number 2013 -067 (Parking Study Implementation - OSS Garage Meters) in the amount of $75,800, and reduce the amount of funding for City Project Number 2013 -594 from $50,000 to $24,200. 3. Exhibit "A" to the Original Agreement is hereby amended as provided in Exhibit "A ", which is attached to this Second Amendment, and incorporated herein by reference. 4. All other terms and conditions of the Original Agreement, as amended by the First Amendment, not in conflict with this Second Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director CITY OF DELRAY BEACH, FLORIDA 0 Cary D. Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT GENCY By: Howard Lewis, Chair H:1 GOV CLIENTSIDBCRA 655/060018 DBCRAIAGMT 20131Second Amendment to ILA - Construction Professional Services Funding FY- 12- 13.docm 2 EXHIBIT "All Fiscal Year 2012 -2013 Projects' City Project # Project Name Amount of CRA Fundin 2009 -041 Atlantic Avenue Gateway Feature $ 100,000.00 B 20 -12 -051 Swinton & Atlantic Intersection $ 80,000.00 C 2012 -623 NE 1St Avenue Streetscape Improvements —NE 1SSt/NE 2nd St $ 275,000.00 D 2009 -006 Blocks 19 & 20 Alley Improvements $ 160,000.00 E 2011 -009 Block 32 Alley $ 100,000.00 F 2010 -041 NW 127 Ave — Atlantic to MLK $ 600,000.00 G 2011 -024 NE 3rd St /Ave Streetscape & Alley Improvements $ 60,000.00 H 2004 -006 SE & NE 1" St - One-Way Pair (Conversion) $ 115,000.00 1 2010 -039 SW 2" Street Beautification $ 1,000,000.00 J 2010 -027 Bus Shelters $ 75,000.00 K 2011 -017 Fire Headquarters Public Plaza $ 230,000.00 L 2013 -604 SE 2nd St (Swinton — SE 3`d Ave ), SE 2nd Ave & Alleys Blk 87 $ 650,000.00 M 2013 -597 Osceola Park Alleys Phase 2 $ 230,000.00 N 2013 -550 Downtown Tree Grate Replacement $ 140,000.00 O 2013 -594 Parking Study Implementation Block 117 - Garage Plan $ 24,200.00 2013 -067 Parkinq Study Implementation (OSS Garage Meters) $ 75,800.00 11P 2011 -067 NE 2" Ave /Seacrest Beautification $ 150,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: April 11, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF MAY 7, 2013 REJECT ALL BIDS FOR OSCELOA PARK ALLEYS - PHASE 1 PROJECT ITEM BEFORE COMMISSION This item before Commission is a request to reject all bids received for the Osceola Park Alleys - Phase I Project and authorize staff to re -bid the project. BACKGROUND The project was advertised on March 10, 2013. The scope of work under the contract documents included the following improvements: construction of asphalt paving of approximately 1,820 square yards of unpaved alleys and approximately 1,250 linear feet of valley gutter, construction of 6" deep roadside swales, and the implementation of associated maintenance of traffic at several places throughout Osceola Park Neighborhood (refer to attached location map). On April 9, 2013, four bids were received for this project; Rosso Site Development Inc. in the amount of $114,115.50, Hardrives, Inc. at $162,996.50, Mancil's Tractor Service, Inc. at $182,170.00, and Sealand Contractors Corp. in the amount of $186,482.00. Evaluating the bids, staff encountered bid irregularities from the first two bidders as follows: - The lowest bidder, Rosso Site Development, Inc. (formerly Rosso Paving and Grading, Inc.) recently underwent a company re- organization/re- structuring, thus is not currently a prequalified contractor by the City of Delray Beach; they have been advised to re- submit an application for "prequalification ". - The second lowest bidder, Hardrives, Inc., did not acknowledge the second of two addendums. For the reasons noted above, staff feels that both Rosso Site Development, Inc. and Hardrives, Inc. are non - responsive bidders. Compared to the lowest bid, the bid spread between the third bidder (Mancil's Tractor Service, Inc.) and the fourth bidder ( Sealand Contractors Corp.) is $68,054.50 and $72,366.50, respectively. Thus, staff feels it would be in the best interest of the City to reject all bids and re -bid the project. Staff is requesting that the City Commission reject all bids for this project, Osceola Park Alleys— Phase I (P/N 2012- 080), and authorize staff to rebid the project. Attached is a bid tab and location map. RECOMMENDATION Staff recommends rejecting all bids received for construction of the Osceola Park Alleys project and authorizing staff to re -bid the project. w � o O 0.. N � O WN U w O O N P. O O O O O O O O O O O O O O O O O >" W x 00 0 00 0 AO 0 0 V'i V'i 0 V'i 0 0 O 0 O 0 O 0 fV 00 m� l� N a m m r-- N V'i O O 69 R v, in W a Ol 00 N N Vl N M 00 Vl Vl �D y a 69 66 N 69 N 69 M 69 N 69 69 69 69 69 00 u Q � F � F U U 0 0 0 0 69 69 N V'i O O 69 6 N 1.6 69 69 69 .6 66 O O O O O O O O O O O O O O O O p 0 0 0 0 V'i O O O O V'i 0 O 0 O 0 O 0 O 0 O 0 O_ 0y •� a O O Vl M M O N M( 00 Vl Vl 69 69 69 69 69 69 69 69 69 69 in F u Ey W O O O O l� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O a 69 r.6 69 69 - r.6 r.6 r.6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Uo00000 ovi o00000�6 W V'1 4 N N F u W O o 0 0 0 0 0 0 0 0 00 0 0 0 0 0 �OOOOOOCy000V U 0000 0 0 0000� 0000 00000 s 9 r- ms9N000o -r6 oo0 00 O M 69 69 69 M r.6 69 V'i V'i O O 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u w o00000000V,000000v� o 0 0 0 o Vi o c i o 0 0 0 0 o vi U O O O O M 00 1p N O v'i v'i O O O O �--i 00 Ol ,--i 00 00 !I� n ,--i N 69 N (n V') O O y a (j 59 oc r-� ( ( 59 ,�-� N � F A O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 69 69 O O O O ° a 00 N O r-� vi 00 69 69 69 � r-� 69 Vl N Vl O u1 O u1 69 69 69 66 69 69 69 O O O W O N O N 0 W d Z G7 G7 G7 G7 �✓'� �✓'� �✓'� w � � �✓'� G7 G7 G7 G7 G7 c O 9� cz 3 cz CL z CL CZ 75 a o 3 1(y�a l..J 0 ♦ F /VI _ oc I rl cz ✓ W W✓ U I--I z N P. S.E. 5th STREET -- -- ---------------- iT ! I ! II R Efi -- - - -- I SITE id W I I II 1, I II - -' - -- '� -I - -' -' I li ! ! ii i .i i I iI I Iii --II �I I I ICI I I i Ci� i I --j 1 iii' Y"4 �I Iw •' -- �ii i i •i i i i�i -- i i T i ! ! r _ ._ _ :E_nth�F E i -, r'-- '-- ' - -' -� r'- -' - -'- ' -i r' 1 r'- -' - -'- 1'-- '- -' - -'- '-- '- -' - - -' I i I I I i I I I ! ! I i ! ! ! I ! ! ! ! ! L.-- .-- . - -. -J L.-- .-- . - -._J L_. ._ J __. - J - ' . §T EST- - - - - -- i r'-- '-- ' - -' -� r'-- '-- ' - -' -� r-' 7 r- '--'-- '-- ',- '-- ' - -' -- I I ; !! ! ! !! i L --- --- --- -.J L --- --- --- .J L --- --- --- -.J L- '-- '- -' - -'J S._E.l.Oth_.STREET CITY of DELRAY BEACH OSCEOLA PARK ALLEYS DATE: 04/02/2013 $ ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP 12 -080 494 SOUTH V NTCN AVENUE, DELRAY BEACH, FLORDA 30444 12 -080 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: April 24, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF MAY 7, 2013 RESOLUTION NO. 26-13 ITEM BEFORE COMMISSION This item is before Commission to approve Resolution No. 26 -13 in support of a Statewide ban on texting while driving. BACKGROUND The City's support of modifying traffic statutes to include texting while driving as an element of careless driving is included in the City's 2013 Legislative Priorities. RECOMMENDATION Approve Resolution No. 26 -13. RESOLUTION NO. 26 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA SUPPORTING A BAN ON TEXTING WHILE DRIVING; PROVIDING AN EFFECTIVE DATE. WHEREAS, according to the insurance institute for highway safety, drivers who use handheld devices while driving are four times as likely to be involved in crashes serious enough to injure themselves or others; and WHEREAS, those who engage in dangerous highway safety behaviors, such as texting while driving, fear receiving a ticket and fines significantly more than they do being injured or killed in a motor vehicle crash; and WHEREAS, the act of composing, sending or reading text messages interrupts drivers' cognitive attention, causes vision to be directed away from the road, and compromises manual control of the vehicle; and WHEREAS, the City of Delray Beach, in order to promote highway safety and reduce injuries or death resulting from dangerous highway safety behaviors, hereby expresses its support for the adoption by the State of Florida of a Statewide ban on texting while driving law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are hereby affirmed and ratified. Section 2. The City of Delray Beach hereby supports the adoption by the State of Florida of a ban of texting while driving law. Such ban would make it unlawful to manually type words, multiple letters, common numbers, common symbols, or other text in a wireless communication device, or send or read data in the device for the purpose of non -voice interpersonal communication, including texting, mailing and messaging while operating a motor vehicle in the travel portion of public streets, roads, and highways. Section 3. The City Clerk is directed to forward a copy of this Resolution, upon adoption, to the Palm Beach County, Florida legislative delegation as well as to the elected municipal and county officials in Palm Beach County, Florida. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on this the 7 I day of May, 2013. MAYOR ATTEST: City Clerk Res No. 26 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: April 29, 2013 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF MAY 7, 2013 SUBORDINATION AGREEMENT /CDBG: MARY WRIGHT ITEM BEFORE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $22,855.35 to allow Mary Wright to modify her mortgage to reduce her monthly note and interest rate. BACKGROUND Mary Wright, 313 NW 4th Avenue participated in the City's Housing Rehabilitation Program in 2004. She was assisted with funds from the Community Development Block Grant (CDBG) Program. Ms. Wright's mortgage company has agreed to modify her loan by reducing her interest rate from 6.375% to 4.875% changing her monthly payment from $422.79 to $327.28 per month. In order for a homeowner assisted by CDBG funds to refinance his or her first mortgage or obtain a second mortgage, the City of Delray Beach must agree to subordinate its second mortgage. When the City agrees to subordinate its second mortgage, the homeowner is able to borrow against the equity in their home. The City's decision whether or not to subordinate is rendered on a case -by -case basis with the primary objective being "increasing the affordability of housing ". This request is to maintain the City's mortgage position in second position and to allow Mary Wright to refinance her mortgage with no consolidation of debt or cash -out. RECOMMENDATION Staff is recommending City Commission approval of Ms. Wright request to subordinate its second mortgage position in the amount of $22,855.35 to reduce the interest rate and monthly payment. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 19` Avenue Delray Beach, FL 33444 Amend Lien Original to be found- OR BK 22481 PG 0885 -886 I1IIN1a1N111N111M1M1N1{1 CITI�F DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 1 -106MREHABILITATION AGREEMENT APP CA` NfIOWNER: Mary Wright ADDR S;r - 313 NW 41h Avenue c0 N Delray Beach, FL 33444 LEGAL DEIPTION: The North 50 feet of the South 200 feet of the West 135 feet of Block 33, of Delray Beach, Florida "acc ring to the Public Records of Palm Beach County, Florida, together with improvements thereon. P I D # 12 43 4. . a, 033 0220 6" CASE NO: 05 -089 c I do hereby c6*' that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach: Neighborhood Services Division Community Development Block Grant Program to bring my property to a level r_ Ong the minimum property standard. I further grant the ( permission to carry out rel rehabilitation standards of its I authorize the City to act as I understand that the City of Delr responsible for the quality and warranty of Beach and its authorized staff members, contractors and subcontractors >rk and repair work on my property in compliance with the property evelopment program. in contracting, supervising and inspecting this rehabilitation work is acting only as agent in the contractual agreements and is not and has no legal responsibilities in the agreement. I agree to provide information necessary., for grant administration and monitoring, to be available for necessary conferences and decisions, to sig fro --On the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilit4g4CA and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close -out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the 7"h day of February 2023. The anniversary date shall be the first day of February in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of $20,000 to $37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Book22782 /Page1547 Page 1 of 2 U3 -n 3 F M Ca K 03 M v 7, m 00 0 M 4 03 go o 0 7. 0 M m oJL f rh .(s c� M a �s F3 cs 07 1 01 W -a n �z ,, . ,. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 15' Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring FaVthorized rehabilitation work. 'agree;fhat the forgivable loan amount of Twenty-Three Thousand One Hundred Seventy-Two Dollars and 63/100 23172.63 is the amount of the rehabilitation contract, including any change orders approved by the City, and,, thi cost of any related work performed under this agreement. In the that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under 'hi§ 64reement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in rb,�pMrtg the question or dispute. I have review4- a specifications and they meet with my approval. I further agree that there will be no changes in the specificatiops,- unless needed to satisfy a minimum housing code violation. Date Owner s. Co -Owner IN09 Date ; %`- Elizabeth . Alpert Neighborhood Services Administrator r STATE OF FLORIDA COUNTY OF PALM BEACH d r The foregoing instrument was acknowledged before me this day of T 200—f by uF who is personally known to me or produced i�L ° iN le 3 �9 t d3 as identification. (SEAL) °+"�A,, Kristina E. Buzen =`�•; Commission# DD503754 Expires January 14, 2010 • �I i� 8nny,etnrFnn in.,anea,inc 800.3!5 -7018 Book22782/Page1548 Signature of Notaryy a".-a -2- Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF MAY 7, 2013 CDBG REVOLVING LOAN FUND GUIDELINES ITEM BEFORE COMMISSION Staff is requesting City Commission approval of Community Development Block Grant (CDBG), Revolving Loan Fund guidelines and application. BACKGROUND The Community Improvement Department, Neighborhood Service Division will implement the Community Development Block Grant Revolving Loan Fund (CDBGRLF). Through the CDBGRLF, financial assistance and technical assistance will be offered to small businesses located within City of Delray Beach CDBG target area. The objective of this program is to expand economic opportunities, primarily for persons of low -to- moderate incomes. The City has reallocated $125,000 of FY 10 -11 CDBG allocation that will provide an area -wide benefit in the CDBG target area and/or encourage the creation of new jobs, principally for the benefit of low and moderate income persons. Additional funds are provided by the Delray Beach Community Redevelopment Agency (CRA) and the City of Delray Beach. The program will follow HUD's regulation 24 CFR 507.209 (b) (1) (i). Activities covered by these guidelines must, in aggregate, either: create or retain at least one full -time equivalent, permanent job per $35,000 of CDBG funds used or provide goods and services to residents of an area, such that the number of low and moderate income persons residing in the areas served by the assisted businesses amounts to at least one low and moderate income person per $35,000 of CDBG funds used. FUNDING SOURCE 118- 1966 -554 -83.01 RECOMMENDATION Staff is recommending City Commission approval of Community Development Block Grant, Revolving Loan Fund guidelines and application. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT REVOLVING LOAN FUND APPLICATION CITY OF DELRAY BEACH L CONTACT INFORMATION: Applicant Name and Title: E -mail Address: Company Name: Telephone Number: Mailing Address: Fax Number: Current Number of Positions: Full Time: Part Time: New Job Positions as a Result of this Project: Full Time: Part Time: IL PROJECT INFORMATION AND LOAN REQUEST: Amount of Loan Requested: $ Estimated Total Project Cost: $_ Project Purpose and Economic Impact: Current Number of Positions: Full Time: Part Time: New Job Positions as a Result of this Project: Full Time: Part Time: Is the Business New or Existing? ❑ New ❑ Existing Project Type: ❑ Expansion ❑ Relocation Congressional District Existing sq. ft. Projected sq. ft. Proposed Sources of Funding Amount Proposed Uses of Funding Amount Owner's Equity Land Acquisition Other Sources of Cash (specify) Real Property Acquisition Bank Loan New Construction Bank Loan Purchase and Installation of Equipment and Fixtures CDBG or CDBG -r Rehabilitation Other (specify) Other TOTAL TOTAL NOTE 1: Construction jobs are not eligible. The jobs must be permanent and directly created by the applicant. NOTE 2: If activity receives funds via another City of Delray Beach or HUD program, which also require job creation, the jobs created for those programs must be in addition to the jobs required under this program. City of Delray Beach, Neighborhood Services Division Page 1 of 8 CDBG Loan Application III. BUSINESS INFORMATION: Legal Name of Business: Fictitious Name (if applicable): Business Location: Business Mailing Address: Owner(s)/Principle(s)Name(s): Owner/Principle's Mailing Address: Taxpayer Identification Number: Business Website: Business Phone: Business Fax: NAICS Code / Industry Type: Date of Incorporation: State of Business Incorporation: Years Business Ownership: Annual Sales: $ Business Type INDIVIDUAL ❑ Individual ❑ Sole Proprietorship CORPORATION ❑ Sub -S ❑ C ❑ LLC PARTNERSHIP ❑ General ❑ Limited ❑ LLC OTHER ❑ Non - Profit Organization ❑ CRA ❑ Franchise ❑ Other Description of how funds will be used (include a list of the items to be purchased, if applicable): Has the Applicant or any Guarantor or Co- applicant declared bankruptcy within the last 10 years? ❑ Yes ❑ No If yes, please explain. Is the Business Applicant or any Guarantor or Co- applicant a parry to any claim or lawsuit? ❑ Yes ❑ No If yes, please explain. Are there any state or federal tax liens filed against the Business Applicant or any Guarantor or Co- applicant? ❑ Yes ❑ No If yes, please explain. Ownership — Management Information Name Title % Ownership # Years of Ownership # Years in the line of Business City of Delray Beach, Neighborhood Services Division Page 2 of 8 CDBG Loan Application Iv. AFFLIUAlV I FERSUINAL 11NI1'0FCVIA'1'I01N: APPLICANT CO- APPLICANT Full Name (First, Middle, Last): Full Name (First, Middle, Last): Social Security Number: I DOB: Home Phone: I Cell Phone: I Work Phone: ❑ Married ❑ Widowed ❑ Unmarried ❑ Divorce Are you a U.S. Citizen? ❑ Yes ❑ No If not, are you a lawful Alien Registration #: permanent Resident Alien? ❑ Yes ❑ No Place of Birth (Country): Present Address (Street, City, State, Zip Code) ❑ Own ❑ Rent # Years at this address: Mailing Address if different from Present Address: Previous Address (Street, City, State, Zip Code) I Current Emplover ❑ Self- emploved I From To Job Title and # Years in This Line of Work: Social Security Number: Home Phone: I Cell Phone "S: Work Phone: ❑ Married ❑ Widowed ❑ Unmarried ❑ Divorce Are you a U.S. Citizen? ❑ Yes ❑ No If not, are you a lawful Alien Registration #: permanent Resident Alien? ❑ Yes ❑ No Place of Birth (Country): Present Address (Street, City, State, Zip Code): ❑ Own ❑ Rent # Years at this address: Mailing Address if different from Present Address: Previous Address (Street, City, State, Zip Code): I Current Emplover ❑ Self- emploved I From To Job Title and # Years in This Line of Work: It is i mportant that th e next th ree questions b e an swered co mpletely. An arrest or conviction record will n of necessarily disqualify you; however, an untruthful answer will can se your application to be denied. If you answer "yes" to any of the questions below, please furnish details on a separate sheet. Include dates, location, fines, sentences, whether misdemeanor or felony d ates o f p arole /probation, unp aid fi nes or penalties, n ame(s) and er which ch arged, and an y other pertinent information. You will be required to give City of Delray Beach authorization to search for criminal records. City of Delray Beach, Neighborhood Services Division Page 3 of 8 CDBG Loan Application Are you presently under indictment, on parole or probation? ❑ Yes ❑ No Have you ever been charged with and /or arrested for any criminal offense other than a minor motor vehicle violation? Include offenses, which have been dismissed, discharged, or not prosecuted. ❑ Yes ❑ No Have you ever been convicted, placed on pretrial diversion, or placed on any fo rm of probation; including adjudication withheld pending probation, for any criminal offense other than a minor vehicle violation? ❑ Yes ❑ No V. PROPERTY INFORMATION: Are you presently under indictment, on parole or probation? ❑ Yes ❑ No Have y on e ver bee n cha rged wi th a nd/or arrested for any criminal offe use other than a minor motor vehi cle violation? Include o ffenses, w hich have bee n dismissed, discharged, o r not prosecuted. ❑ Yes ❑ No Have you ever been convicted, placed on pretrial diversion, or placed on any form of probation; including adjudication withheld pending probation, for any criminal offense other than a minor vehicle violation? ❑ Yes ❑ No Subject Property Address (street, city, state & ZIP): Property Control Number(s): ❑ Lot only ❑ Lot and building Current Square Footage: sq ft ❑ Own ❑ Lease Current Balance Is there a lien on the property? ❑ Yes ❑ No If yes, who holds the lien? Property Owner's Name and Telephone Number: VI. BUSINESS INDEBTEDNESS: Creditor Name Original Date Maturity Date Interest Rate Original Amount Current Balance Monthly Payment Status Current or Late City of Delray Beach, Neighborhood Service Division Page 4 of 8 CDBG Loan Application THE FOLLOWING ITEMS MUST BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION 1. ❑ A business plan which describes the market, applicant capacity, a brief hi story and description of the company (including the founding of the company), overview of operations, product information, customer base, method and area's of distribution, primary competitors and suppliers. 2. ❑ A list of general and limited partners, officers, directors and shareholders of the company. Please provide a resume for all the principals and key management. 3. ❑ Financial statements for the last two years (Profit and Loss Statement and a Balance Sheet) 4. ❑ Corporate income tax returns for the last two years (personal returns may also be requested). 5. ❑ If the most recent busine ss return and/ or financial state ment is more sixty (60) days old, please submit a current Interim Financial Statement. 6. ❑ Three most recent Bank Statements 7. ❑ Three year financial pro formas which include operating statements, balance sheets, funding sources, and use details. 8. ❑ Copy of fictitious name registration (if applicable). 9. ❑ Copy of IRS determination letter as a non - profit organization (required for all non-profit organizations). 10. ❑ Signed copy of resolution or minutes from the meeting of the governing body authorizing submission of the application. 11. ❑ Please provide two separate lists detailing the existing jobs on your payroll and the new jobs to be created (within the list please provide the job title of each position, a brief description of each position, annual salary for existing and new positions and the industry average salary for those positions). SEE EXHIBIT 2 12. ❑ If machinery and equipment are bing purchased with loan proceeds, provide a list of all the items to be purchased, with quotes on vendor's letterhead. Include a state ment from the manufacturer, attesting to the eco nomic life o f the equipment. 13. ❑ If business is a franchise, include a copy of the franchise agreement. 14. ❑ Copy of sales /purchase agreement when purchasing land or a building (or an executed lease if applicable). 15. ❑ If project involves construction, please provide cost estimates, preliminary plans and specifications. 16. ❑ Provide details regarding any credit issues, bankruptcies and lawsuits by any principal, owning 20% or more of the business. 17. ❑ Please sign and submit EXHIBIT 1 (Credit Check Release). 18. ❑ By -Laws and Articles of Incorporation 19. ❑ The names of all affiliates and/or subsidiary companies, and their previous three (3 ) years financial statements and Interim Financial Statements if the financial statements are more than sixty (60) days old. 20. ❑ Attach a street map showing the location of the proposed project. 21. ❑ Letter from the Planning & Zoning Department, documenting compliance and approving the proposed project with zoning and land use designations. 22. ❑ Copy of documents providing firm evidence that all funds are in -place to fully fund the project. 23. ❑ Identification and qualifications of project development team (i.e., attorney, engineer, architect, general contractor, etc.). 24. ❑ Copy of Environmental Audit Phase 1 (if applicable). 25. ❑ Copy of Appraisal Report (if applicable). 26. ❑ Bank Commitment Letter(s) detailing the conditions of the loan application. 27. ❑ Developers Commitment Letter (if applicable). 28. ❑ Copy of all licenses needed to legally operate the business. City of Delray Beach, Neighborhood Services Division Page 5 of 8 CDBG Loan Application APPLICANTS CERTIFICATION By my signature, I certify that I have read and understand the application, criteria and program requirements. I further certify that all the information I (we) supplied is correct and accurate. All of the owners of the company /organization (regardless of ownership percentage) are aware of this loan and a re in full agreement with the business securing financing for this project. My (our) signature(s) represent my (our) agreement to comply with the City of Delray Beach and the Department of Housing and Urban Development, as it relates to this loan request. Each Proprietor, General Partner, Limited Partner and Business Owner, owning 20% or more must sign below. For all Non - Profit Organizations, all guarantors must be approved by Neighborhood Services Division. Business Name: By: Signature and Title Guarantors: Date Signature and Title Date Signature and Title Date Signature and Title Date Signature and Title Date Signature and Title Date Signature and Title Date Signature and Title Date Signature and Title Date Signature and Title Date Signature and Title Date City of Delray Beach, Neighborhood Services Division Page 6 of 8 CDBG Loan Application CREDIT CHECK RELEASE FORM City of Delray Beach Revolving Loan Fund EXHIBIT #1 I authorize the City of Delray Beach to obtain such information (from any source necessary), as the City may require c oncerning statements made in the application for the Revolving Loan Fund (including but not limited to, obtaining a copy of my credit report, current loan status reports and financial information from any Bank/Lender assisting in the funding of this project). PLEASE NOTE: Each Proprietor (if a Sole Proprietorship), General Partner (if Partnership), Limited Partner (if Partnership), Officer, Director and Business Owner (owning 20% or more of the business), must complete this Credit Check Release Form. For all Non - Profit Organizations, all guarantors must complete this form and be approved as guarantors by Palm Beach County. First Name: Middle: Last: Social Security No.: Driver's License (State and Number): Home Phone No.: Current Home Address (PO Boxes not accepted): City: Signature: Date *ORIGINAL SIGNATURES REQUIRED Date of Birth: Other No.: State: Zip Code: City of Delray Beach Neighborhood Services Divison Page 7of 8 CDBG Loan Application C� i. U � N h O �i w V w z w H w w x a z 0 H A A w a 0 ao ro P� O w U U U 0 0 0 2 to z o U U cz �a �cz Qa o� x 0 U � w� U U YE w Ste. "� CC � y i �i �i Ste. 0 U A h �Q H ti 0 ao ro P� O w U U U 0 0 0 2 to z o U U cz �a �cz Qa o� PROGRAM GUIDELINES COMMUNITY DEVELOPMENT BLOCK GRANT REVOLVING LOAN FUND 100 NW 1" Avenue Delray Beach, Florida 561 - 243 -7280 ProgramMission ........................................................................................................... ..............................2 ProgramObjectives ...................................................................................................... ..............................2 Scopeof Services .......................................................................................................... ..............................3 Funding Source and Public Benefits Standards ........................................................ ..............................3 SmallBusiness Loan ..................................................................................................... ..............................3 EligibleActivities ........................................................................................................... ..............................4 IneligibleActivities ....................................................................................................... ..............................4 ReportingRequirements ............................................................................................. ..............................5 Administrative Procedures .......................................................................................... ..............................6 OversightCommittee ................................................................................................... ..............................7 QualifyingFactors ........................................................................................................ ..............................9 Securityand Collateral ................................................................................................. ..............................9 Loan Closing Procedures ............................................................................................ .............................10 Filing and Loan Documentation ................................................................................ .............................12 Payment and Collection Procedures ......................................................................... .............................12 -I aA a PROGRAM MISSION The mission of the Delray Beach MicroEnterprise Program is to help businesses develop, so that they can create or retain jobs that will benefit low to moderate - income persons. The program provides technical and financial assistance to entrepreneurs that commit to the creation or retention of jobs. We offer products and services to entrepreneurs and small business owners. The program is designed to work with banks and form partnerships. ELIGIBLE LOAN RECIPIENTS Generally any for - profit corporation, partnership, or sole proprietorship, located within the established Community Development Block Grant (CDBG) Target area is eligible. This description shall include, but not be limited to, the following: • Credit worthy, commercial and industrial property owners or tenants who are able to document the need for CDBGRLF Funds and /or CRA or City Funds • For - profit institutions, excluding religious or religious sponsored institutions • Start -ups of small businesses with a minimum 10% cash equity injection PROGRAM GOALS AND OBJECTIVES The objectives of the Delray Beach MicroEnterprise Program are to: A. Create new permanent jobs for low and moderate income persons by providing low interest loans to small and minority owned businesses B. Increase the per capita income and tax base of the City of Delray Beach C. Encourage private and public investment that will expand local business activity D. Redevelop and /or recycle blighted or vacant land and facilities E. Assist businesses owned and /or operated by women, minorities, or persons economically or socially disadvantaged F. Provide technical assistance to the CDBGRLF clients and other loan fund clients in the following (but not limited to these) areas: • Analysis of Performance • Preparation of Budget Reports • Examination of Pricing Structures • Sales Analysis • Personnel /Staffing • Payment of Payroll and other Taxes • Business Networking and Market Development • Bonding and Insurance; and • Self- esteem r aA a SCOPE OF SERVICES Through the CDBGRLF, financial assistance and technical assistance will be offered to small businesses located within city of Delray Beach CDBG target area. CRA funds may only be disbursed in the CRA District. Funds allocated by the City of Delray Beach from the City's General Fund may be used anywhere in the City of Delray Beach. Small business entrepreneurs will also agree to accept any additional required technical assistance courses based upon the recommendation of the Neighborhood Services Administrator and /or the Loan Committee. The Neighborhood Services Division staff or other qualified professional group(s) or individual(s) may provide technical assistance as necessary. FUNDING SOURCE & PUBLIC BENEFIT STANDARDS The CDBGRLF loan fund is funded through the Community Development Block Grant Program (CDBG) sponsored by the United States Department of Housing and Urban Development (HUD). Additional funds are provided by the Delray Beach Community Redevelopment Agency (CRA) and the City of Delray Beach. Loans are subject to fund availability. HUD's regulation 24 CFR 507.209 (b) (1) (i) indicates the standard for activities in the aggregate. Activities covered by these guidelines must, in aggregate, either: create or retain at least one full -time equivalent, permanent job per $35,000 of CDBG funds used. OR Provide goods and services to residents of an area, such that the number of low and moderate income persons residing in the areas served by the assisted businesses amounts to at least one low and moderate income person per $35,000 of CDBG funds used. SMALL BUSINESS LOAN To financially assist entrepreneurs obtain financing of various operational necessities. Funds may be used for but not limited to the following: • Business Expansion • Purchase machinery and equipment • Purchase inventory • Purchase furniture and fixtures • Leasehold improvements • Land and building acquisition; and • Working Capital Criteria • Complete an application and provide all supporting documents • Loan must be fully secured • Must create or retain jobs to benefit low to moderate income persons (required in the case of CDBGRLF; desirable in all others) • Ten percent (10 %) owner's equity; and aA c� a Loan Terms • Maximum Loan Amount $50,000 • Repayment Terms cannot exceed 7 years; and • Interest Rate is variable between 2% and 5 %. ELIGIBLE ACTIVITIES Proceeds can be used for the following; ✓ Purchase machinery, equipment, supplies and inventory ✓ Purchase business or franchise ✓ Real estate acquisition ✓ Make capital or leasehold (tenant) improvements ✓ Promotion /Advertising ✓ Legal /Accounting; and ✓ Working Capital INELIGIBLE ACTIVITIES A loan will not be made to businesses or persons with unsatisfactory credit, delinquent taxes or other federal debts. The following activities /purchases are also ineligible: • Finance existing debt such as payroll expenses, taxes, etc. • Finance accounts receivables • Legitimate business activity when more than 10 percent of the annual gross revenue is derived from legalized gambling activity • Any eligible project that is in violation of either a Federal, State, or Local environmental protection law or regulation • The transfer of ownership unless the loan will keep the business from closing or prevent the loss of employment opportunities • Purchase furnishings and personal property not an integral structural fixture of the business debt consolidation • Finance political activities • Restaurant start -up enterprises. Existing restaurant must be in operation for at least one (1) year prior to submitting an application for expansion, working capital or technical assistance. • Any other activity (not mentioned above) or concern, as specified by the Neighborhood Services Division ELIGIBLE APPLICANTS Applicants may be an individual, corporation, partnership or other legal entity organized or operating as a for - profit business. Applicant must demonstrate a need and /or financing gap to be eligible for financial assistance and demonstrate that receiving this assistance will create, expand or update the business. For loans provided under the CDBGRLF, the business must operate within the Delray Beach CDBG target area. The business must commit to creating or retaining jobs that benefit low to moderate- a income persons. Applicants may be a family member of a CDBGRLF, if that family member has an independent and separate business venture. Similar requirements apply to the CRA funds, within the CRA District. Applicant can be an on -site or absentee owner /manager if he /she is a City of Delray Beach resident; if absentee, owner must demonstrate that the selected manager has managerial skills to effectively manage the business. The Loan Committee has the discretion to decide if the applicant will be required to be an on -site manager. Applicants can apply to participate in two loan programs, as long as, they are not the same loan programs and the business reflects adequate cash flow for repayment. CDBGRLF customers must pay out existing loans before consideration will be granted for a new loan request. Community Development Block Grant Revolving Loan Fund customers may receive up to a maximum of three (3) loans over the business lifetime. INELIGIBLE APPLICANTS A loan will not be made to businesses or persons with unsatisfactory credit, delinquent taxes, or inability to repay loan obligations as agreed. Ineligible businesses include: • Neighborhood Services Division (NSD), their family members, and loan committee members • City of Delray Beach employees not employed with NSD can apply for funding through this program. Previous NSD employees are required to wait a minimum of two years before applying for assistance through this program. HUD's regulation 24 CFR 570.611 governs the City's policy on conflict of interest. REPORTING REQUIREMENTS The Neighborhood Services Administrator is responsible for the following: • Review applicant proposals and prepare loan packages for Loan Committee • Prepare applicants intake activity report • Prepare monthly loan status report which consist of the following: a. Program income b. Number of loans c. Approved /denied loans d. Job creation /retention e. Delinquent report f. Balance of all grant funds g. Technical assistance referrals • Preparing presentations for workshops and seminars for program • HUD sub - recipient monitoring • Collection activity on past due accounts • Monitor handicap accessibility for businesses; and • Update program guidelines and applications Ln aA a ADMINISTRATIVE PROCEDURES Initial Screening When an applicant makes initial contact with the Economic Development Director, Neighborhood Service Administrator or other program staff member, a loan package will be given for review and completion. Once this application, along with completed business plan, is received an appointment is scheduled with applicant to determine the viability and eligibility of project, financial condition of business and owner, management experience and expertise, and level of commitment of the business owner. Interview Process During the interview, services that are offered by the program are discussed with the client; the Neighborhood Services Administrator will review the business plan and financial data together. It is explained that no loan commitment of any kind (at this point) and no presumptions are to be made as to the receipt of funds until the loan review process is completed. Additionally, the Neighborhood Services Administrator must inform the potential clients that completed packages are due the last business day of each month to be considered for the next loan committee meeting date. The complete process can take thirty days (30) to sixty (60) days from initial interview to final approval or disapproval of loan. In situations where applications are received after program funds have been depleted for the current fiscal year, the process time will be communicated accordingly to applicant. Upon receipt of completed application, business plan and cash flow projections will be completed and a credit report will be obtained. A loan package will be prepared for the Community Improvement Director, Economic Development Director and Loan Committee for review. In some cases, NSD will obtain copies of the client's tax returns directly from the Internal Revenue Service. If other information is needed to supplement the application, the client will receive a letter indicating the additional information needed. While the applicant is gathering the requested information, the NSD staff will establish a file. If no response is received from the applicant after two (2) weeks, a follow -up letter will be sent. General Follow -Up Procedures The Neighborhood Services Administrator will make an on -site visit to the business prior to approval of funds in order to evaluate and verify the following: • Business's operation or future operation • Condition of fixed assets • Recordkeeping; and • Business location The Neighborhood Service Administrator will also verify the existence of the business's commercial checking account with an established financial institution. The entrepreneur must commit to providing a drug -free workforce and a handicap accessible environment. If at any point unfavorable information is discovered that would make the project ineligible or less viable, the process ceases and a denial letter is sent to the applicant, citing reason(s) for the declination. a OVERSIGHT COMMITTEE The Loan Committee is appointed by the Delray Beach City Commission and the Delray Beach CRA Board and they will continue to provide policy guidance as well as provide suggestions for program development for the Delray Beach MicroEnterprise program. The committee will be comprised of volunteers from various professional areas within the local community, including bankers, lawyers and accountants. The Committee's duties and responsibilities area as follows: • Review loan packages and make recommendations for approval or disapproval • Make recommendations on policies and procedures; • Encourage business development with the City of Delray Beach • Make loan applicant referrals • Market and promote the MicroEnterprise Program and • Attend monthly committee meetings The Loan Committee will be comprised of five (5) members, excluding the Community Improvement Director, the Economic Development Director and Neighborhood Services Administrator. Each member's term will consist of a two -year term. Upon the term's expiration, board members have the opportunity to relinquish their seat or request to serve an additional term. When a committee member's term expires and they choose not to serve another term, the Community Improvement Director, Economic Development Director and Neighborhood Service Administrator will take recommendations from the Board on potential candidates. These names will be submitted to the City Commission and CRA Board for review. There is no maximum number of terms that a committee member can serve. Initial members will be assigned staggered terms commencing 7/1/13, with two members initially expiring on 6/30/14. The Committee's additional duties are to evaluate business proposals and loan packages. The applicant's managerial capabilities will also be evaluated to determine the applicant's strength of operating the business. The committee will recommend changes, which could strengthen the loan request to the benefit of the City and applicant. All information obtained in these meetings is confidential and will not be discussed outside of the meeting. If a conflict in interest exists between applicants being reviewed and a board member, the board member must recuse him /herself from voting on the process. Loans will be evaluated in compliance with criteria listed under HUD's guidelines 24 CFR 570.209 as listed below: • Project cost reasonability • Sources of project financing committed • To the extent practicable, CDBG funds are not substituted for non - federal financial support; • Project is financially feasible • To the extent practicable, the return on the owner's equity investment will not be unreasonably high; and to the extent practicable, CDBG funds are disbursed on a pro -rata basis with other L� finances provided to the project. a Committee meetings will be held on a monthly basis. When program funds have been depleted for the current fiscal year, meetings will be on an on -call basis at the discretion of the Chairperson of the Board. Any committee member that is unable to attend a meeting will contact the Community improvement Director, Economic Development Director or Neighborhood Services Administrator. Prior to the commencement of the scheduled meetings, the Community Improvement Director or Neighborhood Services Administrator will make a recommendation to approval or disapprove the loan application, and the committee books will be distributed to the members. Committee books will be distributed the second Monday of every month. In some cases, the Community Improvement Director or Neighborhood Services Administrator will review loan proposals that will not meet the program's objectives and those packages will not be prepared for committee review. The committee will be presented with a summary of these proposals and reasons for disqualification. If the Director's decision is not made prior to the scheduled meeting, the Director and the Committee will have the opportunity to discuss the proposal at the meeting. The Committee does have the authority to override the Director of the Community Improvement and Neighborhood Services Administrator's recommendation. The Committee can have an open discussion to present their concerns to the Director and the Director can change his /her recommendation based upon the concerns addressed in the discussion. The Director is not obligated to change his /her recommendation. The Director and the Neighborhood Services Administrator insure that a loan proposal: • Does not violate HUD's federal regulations; • Are aligned with the department's program policies and procedures; and • Does not exceed funding that is available in the program's allocated budget. The Committee can reverse a decision under the following circumstances: a. Information is received that may affect the repayment of loan; b. Decision may affect program funding received from the U.S. Department of Housing and Urban Development c. If the customer appeals decision in writing within two (2) weeks from the date of denial letter. The letter must be sent directly to the Director of Community Improvement and the applicant must include additional information to supplement their denied proposal. After the information is received, the Director and /or Neighborhood Service Administrator will present it to the Committee at the next scheduled meeting. The Committee and the Director shall exercise impartial judgment in making loans. When an applicant meets the minimum criteria for obtaining a loan, the Committee is allowed, but not compelled, to approve the loan. The Committee's loan recommendation must include: • Loan amount and interest rate • Collateral • Terms • Payment deferrals (if applicable); and QQ • Contingencies aA a Two - thirds (2/3) of the committee must be present in order to have a quorum. In rare circumstances the committee can meet to discuss issues, but a loan decision cannot be made without a quorum. QUALIFYING FACTORS The following must meet at least one of HUD's national objectives: 1. Provide benefit for low and moderate - income persons (JOB CREATION OR RETENTION); 2. Aid in the prevention or elimination of slums or blight; and 3. Alleviate urgent need • Venture must create new permanent full -time jobs for low to moderate income persons • Must evidence a financing gap • Must evidence sufficient collateral and security • Must inject 10% percent owner's equity into venture • Must demonstrate ability to repay as agreed • Must have good personal and / or business credit • Must not have Local, State, Federal tax liens or back taxes due • Must have a sound existing or proposed business enterprise, i.e., available cash flow must be evident to service the proposed debt and the outlook for continued ability must be evident • Agreement to complete courses, workshops, seminars if person has not evidenced formal education and training or experience in business • Good character and integrity • Entrepreneur must have an established commercial checking account for the business • Entrepreneur must provide a copy of updated business license and insurance verification SECURITY AND COLLATERAL The following is the collateral policy for the CDBGRLF administered by the City of Delray Beach, Neighborhood Services Division. This policy will be used to determine the amount of collateral required and establish the value of collateral being offered. All loans must be fully secured. Types of Assets Acceptable as Collateral • Liquid assets (cash and marketable securities) • Real estate (commercial and /or residential) • Machinery and equipment • Furniture and fixtures; and • Both personal and business guarantees (other guarantees may be considered) Value of Collateral The City of Delray Beach will require that loans include an assessment of current value of collateral pledged. An appropriate, qualified appraiser must establish the value. Specifically, if real estate is offered as collateral, a real estate appraiser will be used. If machinery and equipment are offered, an appropriate industrial appraisal will be used. a The City of Delray Beach will require that loans include an assessment of the value of the collateral and must use the following methods, where possible: • Appraisal /Fair Market Value (real estate) • IRS Valuation Tables (machinery, equipment and vehicles) The security interest (collateral position) of the Community Development Block Grant Revolving Loan Fund may be made subordinate to the interest of other lenders such as banks and the U.S. Small Business Administration, in order to secure total project financing. Each applicant receiving financial assistance through the CDBGRLF must maintain appropriate amounts and type(s) of insurance necessary to cover the maximum principal loan amount outstanding. The insurance policy must designate the City of Delray Beach as loan loss payee. SUB - RECIPIENT MONITORING Each applicant will be monitored by City staff until the loan is paid in full. However, when serious problems arise, more frequent on -site visits will be scheduled. At that time, the file will be documented as to the status of the loan. Photographs will be taken and maintained in the sub - recipient's file. Monitoring will be conducted in the following areas: • General performance • Recordkeeping • Creation of New Permanent full -time Low /Moderate Income Jobs • Public Benefit • Personal property management; and • Accountability /Financial (i.e. timely payment of debt services) Based on the review of the Monitoring Report and other appropriate documents) pursuant to the Loan Agreement executed between the borrower and lender the need for technical assistance will be determined. LOAN CLOSING PROCEDURES Before a loan closing is scheduled, the following should be in place: • Executed agreement between the City of Delray Beach specifying loan purpose and amount • Signed document from borrower(s) committing to create or retain job to benefit low to moderate - income persons • In cases where a partnership is formed between the Neighborhood Services Division and a financial institution, a copy of the commitment letter must be provided • Commitment letter from the committee chairperson to the borrower(s) specifying the terms and conditions of the loan • Verification of ownership of collateral must be conducted before disbursement of funds. In cases were property is used as collateral, a title opinion must be completed. There must be a sworn statement of ownership if entity is a sole proprietorship or partnership. If it is a 0 corporation, there must be a corporate resolution and by -laws must be provided. • Copies of invoices that include business name, address and fully delivered cost must be submitted prior to loan closing. Checks will not be made out to the applicant; and a ■ The City of Delray Beach's Attorney will facilitate the loan closing and the borrower is responsible for all closing costs. The following legal documents are necessary to close CDBGRLF loans: a. Promissory Note — A written promise to pay a certain amount of money at a certain time in a certain number of installments. It also provides for payment of interest. b. Deed to Secure Debt (Security Deed) — Document which conveys the land, secures payment of the specified indebtedness. It is recorded in the real properties records in the county in which the land is located. The purpose of recording the instrument is to put third parties on notice of conveyance. It should contain a due -on -sale clause. This provision is to control the person making payments on the debt by giving the option of calling the debt due if the borrower sells the property. (Only used if real property is pledged as collateral). c. Loan Agreement — Document that specifies the term and conditions upon which the lender makes the loan to the borrower. d. Security Agreement — Document that creates or provides for a security interest in personal property; for example, equipment or inventory. (only used if personal property is pledged as collateral) e. Uniform Commercial Code (UCC) Financing Statement — Document that protects security interest, which is created by the security agreement. It is filed in the Courthouse at the county where the borrower resides. Its filing puts third parties on notice of one's security interest. Any exhibits explaining or describing the tangible and intangible assets should be attracted to this document. f. Loan Closing Statement — A written analysis of the loan closing transaction, which sets forth the loan amount, less any deductions for items such as recording cost and attorney fees. It should also include any credits to arrive at a net amount due to the borrower. g. Loan Commitment Letter - Written commitment by the lender to the borrower that it will lend a specific amount of money, at a certain interest rate, to be secured by certain collateral. The commitment is limited to a specific time period, which is based on the estimated amount of the time it will take to close the loan. The commitment letter used by the Community Development Block Grant Revolving Loan Fund should be signed by the borrower to show acknowledgement and agreement to the terms of the loan. h. Notification Letter to Lender — Written communication to the Delray Beach City Commission authorizing agency to extend loan to borrower. This letter includes the terms and conditions of the loan. Personal Guarantee Letter — A document signed by the borrower that commits them to repayment of the loan if the business dissolves. r-01 —I aA a FILING OF LOAN DOCUMENTS After the proper documents have been prepared, a loan closing is scheduled with the borrower(s), the City of Delray Beach's closing Attorney and the Director or Neighborhood Service Administrator. After all documents have been fully executed by the proper authorities, they are disbursed and filed appropriately by the City's closing Attorney. The borrower(s) shall receive copies of these legal documents. After all documents are executed, a recorded copy is provided to the Neighborhood Services Administrator or other staff for filing. The recording process should be completed within sixty days (60) days after the loan closing. Copies of these documents are maintained in the NSD /CDBGRLF files along with all supporting documentation. PAYMENTS AND COLLECTIONS PROCEDURES After loan closing, a coupon booklet is ordered for the customer. The book reflects the following information: • Customer name • Loan balance before payments • Monthly payment and late fee payment • Remaining payments • Breakdown of principal and interest • Payment date; and • Payment number Payments are to be paid by the schedule due date. All payments received more than 10 days after the due date will be assessed a 10% late fee. Payments that are not made on time will be handled in the following manner: • Letters are written to the customers whose accounts are delinquent, requesting that their accounts be made current • Fifteen (15) days are allowed after payment due date before the account is considered delinquent and fifteen additional days are allotted to bring account current. The letter also contains a statement reflecting that if there are extenuating circumstances preventing the customer's payment from being on time, they should contact the Neighborhood Services Administrator regarding this matter. The Director can approve extensions or changes in payment schedules. • The standard delinquency notice will be sent to the customer on (1) to two (2) days after the second payment has not been received. • If no response to the delinquency notice is received within seven (7) days, the Neighborhood Services Administrator and the Director shall seek counsel from the City's Attorney to determine what legal actions to pursue. aA a MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: May 3, 2013 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF MAY 7, 2013 AMENDMENT NO.UINTERLOCAL AGREEMENT WITH CRA/ECONOMIC DEVELOPMENT DIRECTOR ITEM BEFORE COMMISSION The item before Commission is consideration of Amendment No. 1 to the City's funding agreement with the CRA for the Economic Development Director position. BACKGROUND The City and the CRA originally entered into a cost sharing agreement dated June 23, 2011 for funding an Economic Development Director position with the CRA funding 75% of the position's salary and the City funding 25 %. During the FY 2012 -2013 budget process, Economic Development Director Vin Nolan presented a budget proposal for various Economic Development programs (see copy attached). Part of the proposal included changing the 75 %/25% cost sharing arrangement to a 50 %150% share for the Economic Development Director position. The Commission included an allocation of $192,500 in the FY 2013 General Fund budget for Economic Development activities which is currently being allocated as follows: City share of Economic Development $ 45,000 Director cost Economic Development Marketing $ 22,500 Economic Development Incentives $ 100,000 Micro -Loan Funding $ 25,000 TOTAL $ 192,500 Amendment No. 1 includes the 50 %150% salary funding and also includes full cost sharing of fringe benefit expenses for the position as well. The City's estimated share of the salary and fringe benefit costs for the current fiscal year is $51,000. Additional funding will be provided from within the total $192,500 provided for Economic Development activities in the City budget to make up the difference from the originally planned amount of $42,500 (which did not include the full fringe benefit cost). Because the CRA will consider Amendment No. 1 at their May 9, 2013 meeting, staff recommends that Commission consider approving the agreement contingent upon approval by the CRA. Although not part of the Amendment No. 1 changes, Vin Nolan will be provided with a satellite office in City Hall with the location to be determined soon. FUNDING SOURCE Funding to be available in 001 - 1212 -559 -34.90 (Economic Development /Contractual Services) after budget transfer. RECOMMENDATION Staff recommends Commission approval of Amendment No. 1 to the City's funding agreement with the CRA for the Economic Development Director position contingent upon approval by the CRA. AMENDMENT NO. 1 TO THE FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS AMENDMENT NO. 1 to the Funding Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency dated June 23, 2011, is made this day of , 20137 by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA ", and the CITY OF DELRAY BEACH, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, The CRA and the City are desirous of amending the Funding Agreement dated June 23, 2011 in order to participate together in the equal funding of a position dedicated to economic development within the City of Delray Beach. NOW, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Revision. Paragraph 6 of the Agreement is amended as follows: 6. Payment to be Made Towards Funding the Economic Development Director Position. The CRA and the City acknowledge that the CRA's ability to fund the Director's position is limited to the extent that the Director provides services with respect to economic development activities within the Community Redevelopment Area. In recognition of the CRA's funding limitations, the CRA shall only pay SeVeRt„ -f,"° n°r^o„t i fifty percent (50 %) of the Director's salary and fringe benefit costs per year. The City shall pay to the CRA +tW Rt y fide PeFGen+ (2 fifty percent (50 %) of the Director's salary and fringe benefit costs per year. Fringe benefit costs shall include employer Payroll taxes; health, dental, and life /disability insurance; auto and phone allowances; unemployment insurance; and retirement. The monies shall be paid at the start of each quarter in pro rata increments. The first pro rata payment shall be due October 1, 2444—, 2012. if a Direr +„r is iir d by the G A If ... p: r_ �irrs��e�,: r_ �,:s�:zess,��:r_�.irr_♦ss,�r��: :zrar��:r_ Director's salary shall not exceed Ninety Thousand Dollars ($90,000.00) per year. The CRA and the City agree to meet on a regular basis to ensure that the funding of the position is properly shared by the CRA and the City in proportion to the Director's duties and responsibilities as they relate to economic development within the Community Redevelopment Area and the City as a whole. 3. Full Force and Effect. All other terms and conditions of the Funding Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. 4. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both parties with the effective date being 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be duly executed this day of , 2013. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney ATTEST: STATE OF FLORIDA COUNTY OF PALM BEACH By: Cary D. Glickstein, Mayor COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: (SEAL) The foregoing instrument was acknowledged before me this day of , 2013, by as of corporation, on behalf of the corporation. He /She is personally known to me or has produced as identification. Notary Public — State of Florida 3 CO M p O fu N > � N � 0 T--i U U i C: (1) V fu E N Q CO M p O fu N > � N � 0 T--i U U 4. E O 0 >4 0 0 U 0 0 in ,m"=iiam--- ru rom 4� m 10546A t�: ru a--) "i L. O 4— ��t ru O now 4� 4� U N N 0. O O C O O U >1 u N O N O r-, fu L CD 0 L � N � O � N Q � O � N rn > 4. (1) O D cn V Q O C� O V W L U) L O C �: U) 2 —.O O > U C CL L>(a � _N NC= U) pl (� U LL� -OUO �� O -O Z3 NO>, NO SOU �O C �'� OO�N O NE 0 a- +a E� U;C ~a 4-J (nM ��COL o� �La a0)C :.- C LL Om Nm EN+ `�cn1 �L O�>,EC > (u T, —Z3 U -0-0 is —�raON V Q) NCL� X3_0 Z3 Z3 ,.0/ Q) C: NMO'LE I--I U L V I--I V u- QL 0 0 -� .� O in UC ��NO OJ >� >N LLI 1 1 1 � M� 0— O L �>, OL Z3-§-o U) O— �(n��O L0) rara COE Ua� U ,—I C LfPr aL Q) O U a-J N L a-J C > C fu 4-J 4-J C > _O E U 5 N 4 4- -0 .�_ N O E cn 2 °- E c> Z N 0 c w ,:� � L 0 m 0 Ln C: H N O ��E-o O C O N 0 4,� -W o��E�m -E D�uQ) U- 3 N L a--+ .— > r� a- i C i--i 0 C D fu � i N> r6 (%j C> N� O- U Ur U C> �+ L O 0 E 4- J O N ra - joaocaJOoacna= '(n r6 i .� 'cn O C ��0) 0c C � . . . . . . . . . . U L 4- C L 0� p1 0 >(a -+ a -0 C 'L -0 p1 N pC � a-J 4-j C ru E O � p W U N � � Q L- �' C Q) C U — 0.— oc��L 4-J a� 0) U 0 O V U � � Q O o _0 > U 0 C U W U L 4- U) N L 0� p1 0 >(a -+ a -0 C 'L -0 p1 OU) 4-J C a-J 4-j C ru U .� — p�0 O N p W U N ra L ,� L- �' C Q) C U — 0.— oc��L 4-J a� 0) U aE a u � > a C --ate o ° > 4-' o _0 > 0 C U L u LU rl ate-+ (n { a Go ~ L -W U C C N > 4a 0 o) u cn L.F m Noon M 1(n Q) Lim 0' -� m �C V L1J >O0 0 j >. LL (n m 3 V r-I -� �-y ._ V LL � L �C0�OZ am �C: �0 ,�O° 4-J C: NN-0Q -0N -0°- Ooc- 00-Lp1 Lc 010 -0-0 ; N 0 4-+ — 0 ra 61> L.� (L) >L_ a-JU 4-J U) LJC.JOm �U� UDLU 0� acn 66 (n � U U Q ^ N a-J C a N U 0 L L C 0 a-J -0 0 (n ° (n( _��_� N 01 0 0 0� ra O 0) N 0 0 D 0 O L-0 U C = CO ra 2 ra N O >- V U _� N 0 m a _� — N-o �1 O E C .C_ L > N _m a 0 c6 � L> 0 0 L a-, 3 0 L C �0 0 3 O) o 0 N U -0 N (3 �_ -� N i C 0) �_ 3 (n ra >, . L 0 C r6 m L N > a--+ U N 3 o o L— - 3 -0 O ��_ J � oc- 0ma�a -0 c� j� U E O � C: > O U ■- a--' W fu rtl 0 O 4-J N N ' o O Q 0. N O O (1) r r) O L. r C N V 01 Ol ra 0 N a- J - E m fu Ln 01 Q - 0 � 0 -0 0 n 0 ra C L N .0 1 ra .T N I N L N ra m 0 Q � � N -C L C 01 a-J N U N C L C E E 00 -0 — +fu U)-Fu O C 4-J ru N Q U) 0 O L (n Q) O 0 LU m 3 C: 4-J � � C O, L 0 N 0 O, oZ5 C >' Zj- 4-J L- (a ' L (a-0 O L U 0+, O Q) 0 UO� QU C LU 0 a-J N 0 +�-+ O 40- -Oz) a L N O L O N 4-J r, O cn 0 , N N O L (n L O� Q) ro L,(') ru un C ■ O o C n c — N 4- N L ra �, V cn Q) 390 Q� X o U� C> AND " -C.T�UL ' N O ) 0 C U C d�0 cn C Q) ru 4-J Q 3 C LL 4-J +, 0 z O, .-0 0 x L� C C C U � Q OL �+ O L Q) N ^, C: Q L /� Q) Q fu N N U m C U) >C O Lun Ef 4-5 .� �— N ru L 0 L N a..7 J 4-Jru -I- c� (� -0V -0 -0 a-J C - 1-0 00 X 0 0 C: C L Q) O U O NO0 U LL-��.CU > -0 LJ� NL-0 U a- -W a-J 0 LU LU U E O � C: C:� > O U ■- a--' z U LU _0 _0 rtl �� .cn C: L O O 4-J N MQ = V O�roo N O '- o E 0' Q 0. N O O U O �� cn > O (1) rp Q�� O o -j (D L. r Um L O� L 'S 3 a 3 _ Co r� =V O ra J�� - >Q) 0 i x V E tW _ > [A� .� w 3 3 A4 'L L E a 0=vc w M O o '[n [A �m L L — M .R V V =' s m E V � 0 Q H U O� C:� ��LL z U _0 _0 �� .cn C: L 0 () fo J o MQ = V O�roo O '- U- O .- .0 C: O O E U O �� a� Q�� o -j (D JU Um Om N 390-ru O 'E p O p 0 .L c, �U ooh � 0 Lf� ~0 O U') N • -10N0=3 U C:� ��LL � .cn L 0 () fo J o MQ V O�roo O '- O O .- .0 C: O O E U O a� fu V) 4-, N (DO N � N O � N rn N `. 0 O V (n Q O C� O V W L � O O V 4-J O =3 ' U 4-J v U 4-J° o . ^ � �, ON >1 O 00 V U E 4-; � L U .� 0- 00 V) -0 4-J O 0 70 o � O ru C: Q) 0 0 w02 �� c�n> L O O 4--) 4-J U =3 4-j (u 0 a--+ L O CD W � L V U E V ca C L L. E 00 � z; O O 70 o ro 0 Ln L U O . — (u (u w0= ...�� c ro V) a� a� v� p O V �- LU O Q L U c2S >1 U L O O �� L V O V L O �, EQLn V L Cn V %`V 0�0.�00 �'Wp`~U4- �� p U 0 � V Lu E (1) 0 LU 4 —(1) Z3 E0 �� u O 'o -0°o- u ° 0 > C E� >E •n ru � 0 DcQ) x00E- Z3 ra cn w U.6- Q cn2: 0 cn a--) 0 cn �° C .�0 �� 0� O �, �O 0 � �v w � W Q) -0 C: � � oZS -00-CO V �O( o�4-'�,�� .O °cn U4 -)> ra�� ru >a) C:OO�4 -)ru cno� U 0-�� o E Q (7 4 . > ' - c L7 0 fo �4-J ' in L f0 Q .. O\ a a 1 k o v L �a a� 0 aJ L c cu E c' L fo c O C: n- .O > 0 ro 0) U a u.�� U p) U E 42 J) c Q) C " U 0) O (n Q L �r) L O U �p 4-J W. U > O L Q E L O L a-J L o C: � U +, c O cn >U O c c U L 4-J C � 0� L O O o� C N \ — f0 U C O N > > 0 c z L CU U cu 0 co G UC ate-+ C L � U 120 c U fo U J C f0 oLn Q V) cZ E V) V) O C: O ru ru U C � O +, L _ 0 � Q � Q Q Z3 (f) O) a--) V O � 0- Cn V ' a--) O L O � JZ a--) (n a--) O a--) V L LL Q L- (1) O > 1--' �--� 4-z a-J •> .O 0) (1) V 01 � � O E QL Q) � U o O E C: 2 7�)0o O Q) L U � p O c� Q) Q) ro �•0 '0- > O � > ru Q 4-J L 4 — V a-J O Q C: -) L Q) W Q) J — O o 1--q Q) a�z� _0 .L Cn V 'E V o'E O U O 4-J o � C: C: O� �U� ' 4-J ra > w 4- > C -Se C: O -CZ a--) a--) C: 4-- 0 a°' ~ O C -0 — I 0 •2 O (a Q)F- U •N O Z; E U D O) a--) V O � 0- Cn V ' a--) L O � JZ a--) (n w O a--) L LL 3: L- (1) O > 1--' 01 4-z a-J •> .O 0) (1) V 01 � � O � 0 0 QL � U o O C: 2 7�)0o O Q) Q) Q) U N p >L c� Q) Q) ro �•0 '0- > ram -0- ru •�> L 4 — V a-J O Q C: -) O W Q) J VCO C~ -M -t.- 1--q Q) O) Q) � Ln V O � 0- Cn ��'OL 010 O � � w O 4� Cn O OL O L. am Q O N D V O C: O V W �•J >4 u (1) m M O N N O N V U cm 10 10 10 N M N O O -1 O O rq Ln O O LA N I� O 0 O LA N N eq N O N N m N O N O O O O rq Ln N N r-I r-I 0 r-I N N G1 � O E N J O i Ob 0 i G1 U O i J ci O V i V rq rq N O N O Ln N O O �A O O O rq O I� O N O O -1 O O rq Ln O O LA ' I� O 0 I� O N N O O O N N 0 G1 � O E J O i U O i a ci Li +, c w E O a� a� a� L a� c D U- L : E U J w OL C 0 E E -Q 4-j o D > E Eo O O U 0 E C: O O U U W �O a-+ L D 0 U ++ N C Y L Q U N VI VI � L _� �(D D�Inn w V L m C: o � U U O 0 00 0 0 0 00 C: F4 N O 0 r-i r-i 0 •cn• •cn• O - 00 U U r-I ++ C C a O O U a� a� a .I N m MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF MAY 7, 2013 INTERLOCAL AGREEMENT/ CRA/ THE ELIZABETH "LIBBY" JACKSON WESLEY PLAZA ITEM BEFORE COMMISSION This item is before Commission to approve an Interlocal Agreement with the CRA and the City to install plaque bases at Libby Wesley Plaza. BACKGROUND In 2008, the CRA acquired the property at the southwest corner of West Atlantic Avenue and SW 5th Avenue to develop a public plaza, pursuant to the Downtown Delray Beach Master Plan. The CRA constructed the plaza and transferred the property to the City in 2010. However, the CRA retained the right to procure the installation of a public art feature at the northeast corner of the site. An artist was selected via the RFQ process and the sculpture installed in June 2012. Subsequently, on July 17, 2012, the City Commission formally named the plaza "The Elizabeth "Libby" Jackson Wesley Plaza ", after the long time Delray Beach resident, community activist and co- founder of the Roots Cultural Festival. The CRA has been coordinating with the City to install bases for the plaques dedicating the plaza to Libby Wesley and identifying the title of the sculpture and artist's name. Typically these elements are installed immediately after construction of a project. However, the renaming of the plaza and installation of the art component occurred sometime after the construction was completed. CRA staff feels it is appropriate for the CRA to coordinate and install the plaques to formally complete the project. Pursuant to the attached Interlocal Agreement, the CRA will procure a contractor for the installation of the plaque bases and obtain the permits, as necessary. FUNDING SOURCE Project will be funded by the CRA. RECOMMENDATION Staff recommends the approval of the Interlocal Agreement between the CRA and the City for the installation of plaque bases at Libby Wesley Plaza (2 SW 5th Avenue). INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this _ day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ( "City ") and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY ( "CRA "), a body corporate and politic, as, authorized pursuant to Chapter 163, Florida Statutes. WITNESS ET H: WHEREAS, in 2010, the CRA had undertaken improvements to the property described in Exhibit "A ", which is located at 2 SW 51' Avenue, Delray Beach, Florida, in order to create a public plaza (the "Property "); WHEREAS, in 2010, the CRA conveyed the Property with all improvements placed on the Property to the CITY; WHEREAS, the CRA retained the ability to install a public art component on the Property and the art component was installed in 2012; WHEREAS, on July 17, 2012, the CITY formally named the plaza " "The Elizabeth "Libby" Jackson Wesley Plaza ", after the longtime Delray Beach resident, community activist and co- founder of the Roots Cultural Festival; and, WHEREAS, at this time, the CRA agrees to have plaque bases installed dedicating the plaza to Libby Wesley and identifying the title of the sculpture and artist's name; and, WHEREAS, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is consistent with the CRA's Community Redevelopment Plan. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated by reference as if fully set forth herein. 2 The City shall allow the CRA to install plaque bases on the east side of the Property, at a location to be mutually agreed upon by the parties. The CRA shall be responsible for the payment of all costs associated with the installation of the plaque bases. The installation of the plaque bases shall be in conformance with all applicable City Codes and Regulations. 8. Interlocal Agreement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01 (11), Florida Statutes. S. Final Agreement; Modification. No prior or present agreements or representations with regard to any subject matter contained within this agreement shall be binding on any party unless included expressly in this agreement. Any modification of this agreement shall be in writing and executed by the parties. 10. Funding by the CRA. The CRA shall fund the installation of the plaque bases on the east side of the property in accordance with applicable City Ordinances. 2 11. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof contained within this Agreement shall have no force or effect upon the validity of any other portion hereof, 12. Laws; Venue,. This Agreement shall be governed by and in accordance with the Laws of Florida. Venue for any action arising from this agreement shall be In Palm Beach County, Florida. 13. Signatures Required, This Agreement shall not be valid until signed by the Mayor and City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair The foregoing instrument was acknowledged before me this day of , 2013 by Howard Lewis as Chair of Delray Beach Community Redevelopment Agency, on behalf of the Agency, He is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 3 EXHIBIT "A" West Atlantic Avenue Public Plaza Palm Beach County Appraiser Property Control No. Address Legal Description 12- 43- 46- 16 -01- 021 -0140 2 SW Vh Avenue The North 1'10 feet of Block 21, less the West 175 feet, less the North 20 feet of Right -of -way, of TOWN OF LINTON (now pELRAY), according to the Plat thereof as Recorded In Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida excluding the additional right of way thereof as recorded in Plat Book 23474, Page 0201 of the Public Records of Palm Beach County, Florida. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: April 29, 2013 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF MAY 7, 2013 CHANGE ORDER TO PURCHASE AWARD TO OTTO ENVIRONMENTAL SYSTEMS ITEM BEFORE COMMISSION The City Commission is requested to approve a change order for purchase order #685981 from $50,000.00 to $56,930.00 for the purchase of hot - stamped, garbage carts, lids and wheels to be ordered from Otto Environmental Systems as a sole- source provider. BACKGROUND On October 16, 2012, the City Commission approved a blanket purchase order in the amount of $50,000.00 for the purchase of the City's garbage carts from Otto Environmental Systems. However, we found that additional inventory was needed due to the increase in carts required for the Barrier Island, Villa DeEste and Grammercy Square. We are, therefore, requesting an additional $6,930.00 to cover the additional carts purchased. FUNDING SOURCE Funding is available from 433 -3711 -534 -49.90 (Sanitation Fund: Other Current Charges) RECOMMENDATION The Community Improvement Department recommends approval of the change order to purchase order #685981 from $50,000.00 to $56,930.00 for the purchase of garbage carts. MUNICIPAL ACCOUNT QUOTATION DATE: 12/05/2012 TO: Danise Cleckley COMPANY: City of Delray Beach Delray Beach, Fl. 33444 PHONE: 561- 243 -7213 FAX: MOBILE: E-MAIL: cleckley @ci.deiray- beach.fl.us Good morning Danise: PAGES: One FROM: Jim High OTTO Environmental Systems 12700 General Dr. Charlotte, N.C. 28273 PHONE: 704 -442 -7890 (Mobile) FAX 740 -539 -7628 E -MAIL: jhigh @otto- usa,com Thank you for your request for a quotation for Otto "Multi— System Design "MSD95C" Classic, "MSD65C" Classic and "MSD35EV" Evolution roll out carts. These carts are designed to be handled with equal ease by either semi- automated or fully- automated collection equipment. We are pleased to quote as follows: (400) Otto 95C "Classic" carts @ $53,00 each $ 21,200.00 (450) Otto 65C "Classic" carts @ $51.40 each $ 23,130.00 (350) Otto 36EV "Evolution" carts @ $36.00 each $12,600.00 City of Delray Beach Hat Stamp —10" wheel — metal bar Freight Included In pricing from Charlotte, NC to Delray, Fl. __ 0 TOTAL COST: $ 56,930.00 Pricing is subject to any applicable taxes, Pricing in this quotation is subject to review after 30 days. Thank you for the opportunity. if you should any questions, do not hesitate to call. , f im .3�fig r2. Area Sales Manager Otto Environmental Systems Mobile # 704 - 402 -7890 jhigh @otto-usa.com MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Louie Chapman Jr., City Manager DATE: April 30, 2013 SUBJECT: AGENDA ITEM 8.R. - REGULAR COMMISSION MEETING OF MAY 7, 2013 STATE HOMELAND SECURITY GRANT AGREEMENT ITEM BEFORE COMMISSION This item is before the Commission for approval to execute a Memorandum of Understanding (MOU) Agreement to accept the 2012 Domestic Preparedness Grant ( #13- DS- 97- 13 -00 -16 -409) for the amount of $14,765.00 from the State Homeland Security Grant Program. BACKGROUND The Fire - Rescue Department has been awarded a State Homeland Security Domestic Preparedness Grant in the amount of $14,765.00 to provide sustainment of equipment used in the response to hazardous materials incidents and incidents involving weapons of mass destruction (WMD). Delray Beach Fire - Rescue Department has been a state funded Hazardous Materials Team for over 10 years. The team is funded through the State Homeland Security Sub recipient Funding Agreement. The Grant provides for the sustainment and repairs of State funded equipment for responses to hazardous material and WMD incidents. RECOMMENDATION Staff recommends approval. 2012 STATE HOMELAND SECURITY GRANT PROGRAM, CFA 97.067, SUBRECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA THIS AGREEMENT ( "Agreement ") is entered into by and between the State of Florida, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399 -0300 (hereinafter referred to as "Department ") and, City of Delray Beach, a unit of local government (hereinafter referred to as "Subrecipient "), effective as of the date last signed below. WITNES SETH THAT: WHEREAS, Department is a subgrantee of the Homeland Security Grant through the Division of Emergency Management (hereinafter "State Administrative Agency" or "SAX "); WHEREAS, Department has the authority to further pass these funds through to Subrecipient; WHEREAS, Subrecipient is fully qualified and eligible to receive these grant funds to provide the services identified herein, and WHEREAS, Department has authority to disburse the funds under this Agreement. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as follows: (1) Federally- Funded Subgrant Agreement. The funds for this Agreement are provided through a Subgrant Agreement between Department and SAA; Grant Number; 13- DS- 97- 13 -00- 16- 409. The Subgrant Agreement and all referenced documents and forms can be accessed through Department's website at http://www.fldfs.com/sfin/sfin domestic_security.htm (hereinafter referred to as the "SFM website "). Subrecipient agrees to be bound by all of the provisions of the Subgrant Agreement referenced in this paragraph. Attachment Al, including all of its subparts, is incorporated herein by reference. (2) Services and Deliverables. Subrecipient agrees to render the following services or other units of deliverables as directed by Department: (a) Performance in accordance with "Scope of Work" found at Attachment A; and (b) Readiness and response to activation orders for deployment by the State Emergency Operations Center, State Fire Marshal or Regional Domestic Security Task Force; (c) Purchase equipment specifically identified and approved by the Florida Domestic Security & Logistics Equipment Sub - Committee, the State working Group, and identified in projects listed in Attachment A. Exceptions to the approved equipment list must be approved in writing by the Equipment Committee and Department Grant Manager, listed below in Attachment Al, Section IV. prior to purchase. Equipment having a value of $1,000 or more must have an asset identification number provided by Subrecipient indicating the equipment was purchased with State Homeland Security Grant Program (SHSGP) funds; (d) Maintain equipment purchased. Only equipment purchased with DHS grants funds may be sustained with these grant funds, as appropriate; (e) Assure all training conforms to current FEMA/DHS training guidelines. (f) In the event the Subrecipient requests the Department to mare a purchase(s) related to this Agreement on their behalf, a Memorandum of Understanding (MOU) shall be executed between the Department and the Subrecipient, requesting the Department to make such purchases on behalf of the local agency. If approved, the Department will make the purchase and submit the requisite documentation for reimbursement from the Subrecipient's allocated funds. Nothing herein shall require the Department to make the purchase on behalf of the local Subrecipient. (3) Delivery Schedule. The services or other units of deliverables specified in paragraph (2) above shall be delivered or otherwise rendered on behalf of Department in accordance with the following schedule: (a) Readiness shall be on a continuous basis; (b) Upon notification by the State Emergency Operations Center, State Fire Marshal, or Regional Domestic Security Task Force, Subrecipient shall respond to any and all incidents either within its regional response area, or as designated within the State Emergency Response Plan, with all eligible equipment, and any and all other resources which it possesses, for so long as this Agreement remains in effect, or as may be agreed upon under the Florida Domestic Security Strategy Plan. It is understood by both parties that local emergencies and equipment operability will dictate the availability of Subrecipient to respond; (c) For Type II /WMD Hazardous Materials Teams, compliance with requirements of a Type II/Weapons of Mass Destruction Capable Hazardous Materials Resource, as defined by the Florida Domestic Security Strategy Plan, the Florida Association of Hazardous Materials Responders (FLAHR) typing document, and the Standard Operations Guide (SOG) shall be on a continuous basis; (d) For USAR Task Forces, in compliance with requirements of a Type 1, II or III USAR Task Force as defined by the Florida Domestic Security Strategy Plan, the Florida Association of Search and Rescue (FASAR) typing document, and the Standard Operations Guide (SOG) shall be on a continuous basis; (e) For MARC Units, compliance with requirements for deployment shall be according to the State Emergency Response Plan. MARC unit Subrecipient must complete an annual inventory on the appropriate forms as part of this Agreement; (f) Subrecipient shall comply with the Florida Fire Chiefs Association Code of Ethics at all times. (g) All documents referenced above can be found on the SFM website. (4) Funding /Consideration. (a) This is a cost - reimbursement Agreement. Subrecipient shall be reimbursed for costs incurred during the performance period in the satisfactory performance of work hereunder in an amount not to exceed the amount set forth in Attachment A and subparagraph (b) of this paragraph, subject to the availability of funds. If the necessary funds are not available to fund 2 this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting, or the Federal Office of Management and Budgeting, all obligations on the part of Department to make any further payment of funds hereunder shall terminate, and Subrecipient shall submit its closeout report within thirty (3 0) days of receipt of notice from Department. (b) Subject to the terms and conditions established by this Agreement and the billing procedures established by Department, the Department agrees to reimburse Subrecipient a maximum of the amount set forth in Attachment A for services rendered and items purchased in accordance with Attachment A. If additional money becomes available through the grant process, this amount may be increased or decreased, by modification as set forth in paragraph (6) below. (c) Every request for reimbursement shall be submitted on a Reimbursement Request Form and a Detail of Claims Form, and any other associated forms to the type of claim; forms available on the SFM websitc. The forms must be accompanied by the documentation referenced in Attachment A6. The forms and the accompanying documentation shall be submitted within thirty (30) days following Subrecipient's expenditure of funds. In no event shall the forms and accompanying documentation be received by Department later than February 28, 2014. (d) All equipment purchases, if any, must be in accordance with the equipment list in Attachment A, unless specifically approved in writing by the Domestic Security Equipment Committee and the Department Grant Manager, prior to purchase. Documentation of the approval must be submitted along with the request for reimbursement. (e) If no request for reimbursement is submitted for two consecutive quarters after execution of this Agreement, Department reserves the right to reallocate the balance of unexpended funds to another local or state entity by modification of this Agreement in accordance with paragraph (6) below, and in accordance with grant rules. (f) Taxes. Department is exempted from payment of Florida state sales and use taxes and Federal Excise Tax. Unless personally or corporately exempt by law, Subrecipient shall not be exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or for payment by Subrecipient to suppliers for taxes on materials used to fulfill its obligations with Department. Subrecipient shall not use Department's exemption number in securing such materials. Subrecipient shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. (g) Travel. Any expense incurred by Subrecipient for travel must be authorized by Department in advance. Travel expenses will be submitted and reimbursed to Subrecipient at a rate not to exceed that which is payable to state employees for travel and per diem as prescribed by Section 112.061, Florida Statutes. All other expenses, including expenses for the gathering and presentation of exhibits, must be authorized by Department in advance. (h) Payment Processing. All charges for services rendered or for reimbursement of expenses authorized by Department in accordance with this Agreement shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. All payments for professional services and authorized expenses, including travel expenses, will be paid to the Subrecipient only upon the timely and satisfactory completion of services and other units of deliverable such as reports, findings and drafts, which are required by this Agreement and upon the written acceptance of said services and units of deliverables such as reports, findings and drafts by Department's designated grant manager. Interim payments may be made by Department at its discretion, under extenuating circumstances, if the completion of services and other units of deliverables to date, has first been accepted in writing by Department's grant manager. (i) State Legislature Appropriation. If the necessary funds are not available to fund this Agreement as a result of action by the State Legislature, all obligations on the part of Department to make any further payment of funds hereunder shall terminate, and Subrecipient shall submit its closeout report within thirty (30) days of receipt of notice from Department. (5) Funding Period. This Agreement begins on the date of the last signature below and ends February 28, 2014. In the event the ending date is extended by the SSA, the ending date of this Agreement will be extended automatically upon written notice to the Subrecipient by the Department and become the new ending date of this Agreement without further amendment. (6) Agreement Modification. Either party may request modification of the provisions of this Agreement. Except as provided in paragraph (5) above, changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (7) Subagreements. If Subrecipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to Department for review and approval prior to execution of the subcontract by Subrecipient. Subrecipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold Subrecipient, Department, and SAA harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in a quarterly report submitted by Subrecipient. For each subcontract, Subrecipient shall provide a written statement to Department as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (8) Recordkeeping (a) As applicable, Subrecipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for- profit) organization on a cost - reimbursement basis, Subrecipient shall be subject to Federal Acquisition Regulations 312 and 931.2. (b) Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is M issued, and shall allow Department or its designee, Chief Financial Officer, Auditor General, and DHS IG Auditors access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to Department's designee, Chief Financial Officer, Auditor General, and DHS IG Auditors, upon request, for a period of five years from the date the audit report is issued, unless extended in writing by Department with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after the closing on the transfer of title. (c) Subrecipient shall maintain all records for Subrecipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachments A, Al and A2 - and all other applicable laws and regulations. (d) Subrecipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to Department, its employees, and agents. The term "reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. The term "agents" shall include, but not be limited to, auditors retained by Department. (9) Audit Requirements. (a) Subrecipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by Department. The term "reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) Subrecipient shall also provide Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If Subrecipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised, and in the event that Subrecipient expends $500,000 or more in Federal awards in its fiscal year, Subrecipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -13 3, as revised. Attachment A to this Agreement indicates federal resources awarded through Department by this Agreement. In determining the federal awards expended in its fiscal year, Subrecipient shall consider all sources of federal awards. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of Subrecipient conducted by the Auditor General in accordance with the provisions of E OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in subparagraph (d) above, Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. If Subrecipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that Subrecipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - federal resources (i.e., the cost of such audit must be paid from Subrecipient resources obtained from other than federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Subrecipient directly to Department's grant manager listed below, and each of the following: The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at htt :Ilharvester.census.gov/facicollect/ddeindex. html and other federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, Subrecipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to Department's grant manager listed below. Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (g) Any reports, management letter, or other information required to be submitted to Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Subrecipient, when submitting financial reporting packages to Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental 6 entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to Subrecipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, Subrecipient shall be held liable for reimbursement to Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after Department or the SAA has notified Subrecipient of such non - compliance. 0) Subrecipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to Department no later than nine (9) months from the end of Subrecipient's fiscal year. (10) Reports. (a) Reports shall be in accordance with Attachment Al, part III. The Subrecipient shall provide the Division with quarterly reports and a close -out report. These reports shall include the current status and progress by the subrecipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close -out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close -out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If additional reporting is required, Department will notify Subrecipient electronically at least thirty (30) days prior to the time the reporting is required. (e) Reports and documentation related to all exercises and evaluations, (if an allowable expense) including any USAR MOBEX drills, must be provided to Department within thirty (30) days of completion of the exercise. (f) If all required reports and copies, prescribed above, are not sent to Department or are not completed in a manner acceptable to Department, Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (14 ), "Remedies." The phrase, "acceptable to Department" means that the work product was completed in accordance with Attachment A, and its subparts. (g) Subrecipient shall provide such additional program updates, reports and information as may be required by Department. (11) Monitoring. Monitoring shall be in accordance with Attachment A1, subpart III.E., and in addition, Subrecipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, Attachment Al is complied with, 7 and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment Al, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A -13 3, as revised, and Section 215.97, Florida Statutes, (see paragraph (9) Audit Requirements, above ), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, Subrecipient agrees to comply and cooperate with all monitoring procedures /processes deemed appropriate by Department. In the event that Department determines that a limited scope audit of Subrecipient is appropriate, Subrecipient agrees to comply with any additional instructions provided by Department to Subrecipient regarding such audit. Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In addition, Department will monitor the performance of, and financial management by, Subrecipient throughout the Agreement term to ensure timely completion of all tasks. (12) Liability. (a) Unless Subrecipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, Subrecipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold Department and SAA harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of Department or the SAA, but is an independent Subrecipient. (b) If Subrecipient is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, Subrecipient agrees to be fully responsible to the extent provided by Section 768.28, Florida Statutes, for its negligent acts or omissions or tortuous acts which result in claims or suits against Department or SAA, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by Department or any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or Agreement. (13) Default. If any of the following events occur ( "Events of Default "), all obligations on the part of Department to make any further payment of funds hereunder shall, if Department so elects, terminate and Department may, at its option, exercise any of its remedies set forth in paragraph fourteen (14), but Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by Subrecipient in this Agreement or any previous Agreement with Department shall at any time be false or misleading in any respect, or if Subrecipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations there under; (b) If any material adverse change shall occur in the financial condition of Subrecipient at any time during the term of this Agreement, and Subrecipient fails to cure said material adverse change within 30 days from the time the date written notice is sent by Department; (c) If any reports required by this Agreement have not been submitted to Department or have been submitted with incorrect, incomplete or insufficient information, or (d) If Subrecipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (14) Remedies. Upon the happening of an Event of Default, then Department may, at its option, upon thirty (30) calendar day's prior written notice to Subrecipient and upon the Subrecipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that Subrecipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth in paragraph (16) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: I . Requesting additional information from Subrecipient to determine the reasons for or the extent of non- compliance or lack of performance; 2. Issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; 3. Advising Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question; 4. Requiring Subrecipient to reimburse Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that Subrecipient return to Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; (f) Require that Subrecipient return to Department any property or equipment purchased with grant funds, or received after having been purchased with grants funds, that has not been properly disposed of in accordance with Subrecipient's property disposal policy, and (g) Exercise any other rights or remedies which may be otherwise available under law. (h) The pursuit of any one of the above remedies shall not preclude Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by Department of any right or remedy granted hereunder or failure to insist on strict performance by Subrecipient shall affect or extend or act as a waiver of any other right or remedy of Department hereunder, or affect the subsequent exercise of the same right or remedy by Department for any further or subsequent default by Subrecipient. (15) Termination. (a) Department may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner, and refusal by Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (b) Department may terminate this Agreement for convenience'or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing Subrecipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, Subrecipient will not incur new obligations for the terminated portion of the Agreement after Subrecipient has received the notification of termination. Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, Subrecipient shall not be relieved of liability to Department by virtue of any breach of Agreement by Subrecipient. Department may, to the extent authorized by law, withhold any payments to Subrecipient for purpose of set -off until such time as the exact amount of damages due Department from Subrecipient is determined. (16) Notice and Grant Administration. (a) Department's grant manager is John P. Kohnke, located at 325 John Knox Road, Atrium Bldg., Tallahassee, Florida 32303. (b) Subrecipient's grant manager is listed on the signature page of this agreement. (c) All written and verbal approvals referenced in this Agreement must be obtained from the parties' grant managers or designees. Notices required to be in writing must be delivered or sent to the intended recipient by hand delivery, certified mail or receipted courier, electronic or facsimile transmission, and shall be deemed received on the date received or the date of the certification of receipt. (d) In the event that different grant managers are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be tendered as provided in subparagraph (c) above. (17) Complete Agreement. This Agreement and its Attachments incorporated herein by reference, contain all the terms and conditions agreed upon by the parties. (18) Attachments are as follows: (a) Attachment A Proposed Program Budget and Budget Detail Worksheet, and its subparts, consisting of: A - Proposed Program Budget and Equipment List Al -- Scope of Work; A2 — Program Statutes and Regulations; A3 — Warranties and Representations; 10 A4 — Certification Regarding Debarment, Suspension, Ineligibility; A5 -- Statement of Assurances, and A6 - Reimbursement Checklist. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (19) Repayments. All refunds or repayments to be made to Department under this Agreement are to be made payable to the order of "Department of Financial Services," and mailed directly to Department at the following address: Department of Financial Services Accounts Receivable 200 Gaines Street Tallahassee, Florida 32399 -0333 In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to Department for collection, Subrecipient shall pay to Department an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5 1/o) of the face amount of the returned check or draft, whichever is greater. (20) Prope�fty and Equipment Purchased with Grant Funds. Property and equipment purchased with grant funds, or received after being purchased with grant funds, must be identified as such on the property and equipment so that such property and equipment can be identified for monitoring and site visit purposes. When the property and equipment no longer has a useful life, it shall be disposed of through Subrecipient's property disposal policy, and documentation provided to the Department. If for any reason, including dissolution, Subrecipient elects to discontinue its participation in this Agreement, all property and equipment purchased with grant funds, or received after being purchased with grant funds, not previously disposed of in accordance with Subrecipient's property disposal policy, must be returned to Department. (21) Standard Conditions. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by Subrecipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of Department and with thirty (30) days written notice to Subrecipient, cause the termination of this Agreement and the release of Department from all its obligations to Subrecipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in the Circuit Court of Leon County, If any provision hereof is in conflict with any applicable statute or rule, or is otherwise 11 unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. Facsimile and electronic signatures may be taken as originals. (e) Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et see.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Subrecipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not, within a five -year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery; bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in subparagraph (g)2., of this certification, and 4. Have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient shall attach an explanation to this Agreement. In addition, Subrecipient shall submit to Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (within Attachment A) for each prospective subcontractor which Subrecipient intends to fund under this Agreement. Such form must be received by Department prior to Subrecipient entering into a contract with any prospective subcontractor. 12 (h) Department reserves the right to unilaterally cancel this Agreement for refusal by Subrecipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by Subrecipient in conjunction with this Agreement. (i) Employment Eligibility Verification Contractor agrees that it will enroll and participate in the federal E- Verify Program for Employment Verification under the terms provided in the "Memorandum of Understanding" governing the program. Contractor further agrees to provide to Department, within thirty days of the effective date of this contract, documentation of such enrollment in the form of a copy of the E- Verify "Edit Company Profile" screen ", which contains proof of enrollment in the E- Verify Program (this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E- Verify employer's homepage). Contractor further agrees that it will require each subcontractor that performs work under this contract to enroll and participate in the E- Verify Program within ninety days of the effective date of this contract or within ninety days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program and make such record(s) available to the Agency upon request. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E- Verify program, including participation by its subcontractors as provided above, and to make such records available to the Agency or other authorized state entity consistent with the terms of the Memorandum of Understanding. Compliance with the terms of this Em to meat Eligibili1y Verification provision is made an express condition of this contract and the Department may treat a failure to comply as a material breach of the contract. In the event legislation authorizes an alternative option as proof of legal status, the Contractor may use the process authorized by such legislation upon its passage. 0) Subrecipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. (k) Unless inconsistent with the public interest or unreasonable in cost, all unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a. (1) Both Subrecipient and Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment A, including its subparts. 13 (m) Subrecipient shall assure compliance itself and by its subcontractors or subrecipients, with CFO Memorandum No. 4 (2005 -06), effective June 30, 2006; including but not limited to the following provisions: 1. Those subject to this Agreement may charge only allowable costs resulting from obligations incurred during the term of the Agreement. 2. Any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. 3. Agreements with vendors must be procured in a manner that ensures a fair and reasonable price to the State and in compliance with applicable rules and regulations, including, but not limited to Sections 287.057 and 216.3475, Florida Statutes. A copy of the Memorandum can be accessed on the SFM website. (22) Lobbying Prohibition. (a) No funds or other resources received from Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the federal government, the Florida Legislature, or any state agency. (b) The Subrecipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief- 1 . No federal or state appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence a federal, state, or local official, or employee thereof, in connection with the awarding of any federal contract, the making of any Subrecipient grant or contract, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a federal, state, or local official, or employee thereof, in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients and subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (23) Copyright, Patent and Trademark. ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE 14 PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBRECIPIENT TO THE STATE OF FLORIDA. (a) If Subrecipient brings to the performance of this Agreement a pre - existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, Subrecipient shall refer the discovery or invention to Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, Subrecipient shall notify Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by Subrecipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any preexisting intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. Department shall then, under paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (24) Assurances. Subrecipient shall comply with all Statements of Assurance incorporated in Attachment A5. (25) Legal Authorization. Subrecipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. Subrecipient also certifies that the undersigned possesses the authority to legally execute and bind Subrecipient to the terms of this Agreement. 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials. SUBRECIPIENT *By *Title * Signature *Date signed *FEID Number * Subrecipient Grant Manager *Name: *Address *Email address *Telephone Number *Required. DEPARTMENT OF FINANCIAL SERVICES By Title Signature Date signed Attachment A Budget and Scope of Work Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Subrecipient is to utilize the approved FY2012 Domestic Security Project Templates for each respective Issue as the guide for eligible reimbursement. ,L All equipment approved for purchase in accordance with FY2012 Domestic Security Project Templates must be on the FY 2012 Authorized Equipment List (AEL) and include that reference number on all reimbursement requests. The AEL can be found at httpsWwww.rkb,us. 4- The transfer of funds between the categories listed in the "Proposed Program Budget' is strictly prohibited. The approved FY2012 Domestic Security Project Templates do not provide for the use of Management and Administration costs by the Subrecipient. 17 Training $0,00 State Homeland Security Grant Program — Issue 13 Delray Beach Fire Rescue Issue 8 — Sustainment of Training for USAR & Hazmat Equipment Issue 13— Equipment Capability $14,765.00 Retention of USAR and HazMat Equipment Exercise $0.00 MARC Issue 14 —MARC Interoperable $0.00 Communications Sustainment & Sustainment Total $14,765.00 17 Budget Detail Worksheet The following approved FY2012 Domestic Security Project Templates, as assigned for each issue, provide a completed budget detail worksheet for the Subreciplent, which accounts for the total award, The Subrecipient may not independently alter or amend the intent of approved FY2012 Domestic Security Project approved line items for funding of the respective Issues without the prior approval the Department through the grant manager. Changes need to be requested after the execution of this Agreement; contact the grant manager listed in this Agreement via email or letter. Subrecipient:. Delray Beach Fire Rescue ISSUE 13 — Equipment Capability Retention Teams 18 Delray HM7C Beach FR 20/20 Protein Detection Kits 07BD- 01 -PTST 1 800.00 800.00 Delray HM7C Beach FR Colormetric Tube, CD Set -1 07CD -01 -KCTC 4 220.00 880.00 Delray HM7C Beach FR Colormetric Tube, CD Set -V 07CD -01 -KCTC 4 220.00 880.00 Delray MSA Calibration Gas 07CD -01- HM7C Beach FR DPMG 2 290.00 580.00 Delray HM7C Beach FR MSA Sirius Service/ Calibration 07CD -01 -DPMG 5 525.00 2,625.00 Delray TruDefender /First Defender Warranty /Service HM7C Beach FR Contract 07CD- 01 -DPRS 1 9,000.00 9,000.00 Total $14,765.00 18 ATTACHMENT Al Scope of Work Funding is provided to perform eligible activities as identified in the Domestic Homeland Security -- Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2012 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Other Eligible Activities A. Equipment Acquisition FY 2012 SHSP funds may be used for equipment acquisition in accordance with the approved funding identified in the FY2012 Domestic Security Project Templates, as assigned for each equipment category Issues, from the 21 equipment categories listed in the FY 2012 Grants & Training (G &T) Authorized Equipment List (AEL). The FY 2012 AEL is available in its entirety online through the Responders Knowledge Base (RKB) at https://www.rkb.us. The equipment Issues are outlined below. Specific Issues as described below are included in this Category Issue 13 — USAR and HazMat Sustainment - This project funds the retention (upgrade or replacement) of the identified equipment caches for each of the thirty Type II WMD Regional Hazardous Materials Response Teams and the seven State Urban Search & Rescue Task Forces in accordance with the 2011 Florida Domestic Security Strategic Plan and the appropriate Urban Search and Rescue Type I, II, & III RDSTF Standard Operations Guides or the Hazardous Materials Response Team Operational Readiness Standard Operations Guide. These funds provide the capability to upgrade, or replace equipment cache items that were purchased with Federal Grant funds, and require such, or have reached the end of their operational service life. Issue 14 — MARC Interoperable Communications Sustainment and Maintenance - This is a statewide radio cache system with mobile mutual aid repeaters. The caches also contains mobile and portable radios operating on four radio bands, pre - programmed with national, state, and local mutual aid channels. Project funds the procurement of equipment items necessary to keep Mutual Aid Radio Cache units in an operational state. Only items found on the approved project funding templates (as identified in Attachment A) are eligible for purchase in accordance with this Issue. B. Training Funds may be used to enhance the capabilities of State and local preparedness and response personnel through development of a State homeland security training program. Allowable training - related costs include: f=unds used to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Specific Issues as described below are included in this Category Issue 08 — Sustainment of Training for USAR, HazMat Teams 19 Authorized training includes the following: Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA- sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from both their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Further, overtime costs associated with employees who participate in training in a teaching role for which they are compensated are not allowed. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Straight time IS NOT eligible for reimbursement with DHS SHS funds. • Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to Department approved training. • Certification /Recertification of Instructors is an allowable cost. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. Allowable training topics include CBRNE terrorism, and NIMS related training. C. Unauthorized Expenditure • Activities unrelated to the completion and implementation of the SHSGP • Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs • Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or Backfill Note: All FY 2012 Homeland Security Grant Program Grant Guidance can be found at http: / /www.oaP.usdoj.gov /odp /grants hsgp.htm IL Documentation Required for Department to Make Expenditures on Behalf of the Subrecipient The Department may retain some or all of the Subrecipient's allocation of grant funds for expenditures made by the Department on behalf of the Subrecipient only If requested in writing by the Subrecipient. In the event the Subrecipient requests the Department to make purchase(s) related to this Agreement on its behalf, a request in writing on local entity letterhead shall be submitted to the Department. If approved, the Department will make the purchase and submit the requisite documentation for reimbursement from the Subrecipient' allocated funds. Nothing herein shall require the Department to make the purchase on behalf of the local Subrecipient. Ill. Reporting Requirements A. Benchmarks 20 All funds shall be obligated within the first 6 months of the date of execution of the Agreement by both parties, no later than August 31, 2013. • No less than 50% of the funds shall be spent within the first 12 months from the date of execution of the Agreement, no later than November 30, 2013. 100% of the funds shall be spent within 12 months from the execution of the Agreement, no later than February 28, 2014. • Any unobligated funds will be de- obligated at the end of this period and are subject to reallocation to other prioritized projects. • Extensions to the period of performance will be considered only through formal requests to the Department with specific and compelling justifications why an extension is required. All requests for extensions are subject to review and will not automatically be granted. B. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this Agreement. If a report(s) is delinquent, future financial reimbursements will be withheld until the Subrecipient's reporting is current. Programmatic Reporting Schedule Reporting Period Report due to DEM no later than Januaryl through March 31 Aril 30 April 1 through .tune 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 C. Reimbursement Requests: A request for reimbursement may be sent to the grant manager for review and approval at anytime during the Agreement period. The Subrecipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget ". An Issue number is to be included for every dollar amount listed in the "Detail of Claims" form. D. Close -out Programmatic Reporting: The Close -out Report is due to the Department no later than 30 calendar days after the Agreement is either completed or the Agreement has expired. 21 E. Monitoring: Florida Department of Financial Services US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Department of Financial Services has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a Subrecipient's compliance with applicable state and federal guidelines, The Department is responsible for monitoring the programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance. Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic /capability, Financial monitoring is the review of records associated with the purchase and disposition of property, projects and Agreement. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the Department and the Subrecipient via e-mail and telephone. Site visits are defined as actual visits to the Subrecipient's location by a team or members of the Department or its designee, to actually observe records, procedures and equipment. Frequency of annual monitoring activity, Each year the Department will identify up to 50% of Subrecipients for site visit monitoring. Examples of areas-that may be examined include: Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIMS compliance documentation In certain circumstances, the Subrecipient may be requested to provide additional monitoring /information if the activity, or lack there of, on the part of the specific Subrecipient has generated questions from the region, the SAA or the Department. The method of gathering this information will be determined on a case -by -case basis. Desk monitoring is an on -going process. Subrecipients will be required to participate in desk top monitoring on an annual basis and as determined by the Department. The Subrecipients will complete and submit the desk top monitoring within 30 calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA) and /or a site visit if the Department determines that a Subrecipient is having difficulty completing projects. 22 As difficulties /deficiencies are identified, the respective region or SAA will be notified by the Department via email. Information will include the Subrecipient name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the Department level. Issues that require further TA will be referred to the SAA for assistance. Examples of TA include but are not limited to: ➢ Equipment selection or available vendors ➢ Eligibility of items or services ➢ Coordination and partnership with other agencies within or outside the region or discipline. Site Visits Site visits will be conducted by the Department or designee. Site visits will be scheduled in advanced with the Subrecipient grant manager designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit The Department or its designee will also conduct coordinated financial and grant file monitoring. These monitoring visits maybe coordinated with a capability review visit. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to a capability review will be documented and maintained within the Department. Site Visit Protocol The following outlines the monitoring protocol for the Department: The site visits will begin with those Subrecipients that are currently spending or have completed spending for a federal fiscal year (IFFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit_ Preparation The Department will notify the Subrecipient's grant manager by mail stating the purpose of the site visit at least 30 calendar days prior to the planned arrival date. Department or designated personnel will contact the Subrecipient within the next 10 calendar days to schedule an appointment to review the Subrecipient's program. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented. The appointment should be confirmed with the Subrecipient in writing (email is acceptable) and documented. Personnel designated by the Department attending the site visit will review the Subrecipient's documentation prior to the visit. Site team members' roles will be identified prior to the visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the Subrecipient's grant manager one business day in advance of the site visit. Site Visit Once designated personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items the Department intends to examine will be identified. If financial monitoring visit will be conducted, the team members will explain their objectives and will proceed to perform the financial review. 23 Designated personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour /visual /spot inspection of equipment will be conducted, Each item should be visually inspected whenever possible. Large items such as computers, response vehicles, etc. should have an asset decal (information /serial number) placed in a prominent location on each piece of equipment as per Subrecipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment in excess of $1,000.00 per item If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour /visual /spot inspection of equipment has been completed, the designated personnel will then conduct an exit conference with the Subrecipient to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher /reimbursement, equipment, questions, etc. Post Site Visit Department personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the Subrecipient explaining any issues and corrective actions required or recommendations. The Subrecipient will submit a Corrective Action Plan within a timeframe as determined by the Department. The Site Visit Worksheet, report and photographs will then be included in the Subrecipient's file along with any documents distributed at the site visit by the Subrecipient. IV. Programmatic Point of Contact Grant and Programmatic Point of Contact John P. Kohnke, 200 East Gaines Street, Tallahassee, FL. 32399 -0340 (850) 413 -3611 John. kohnke m floridacfo.com V. Agreement Responsibilities The Department shall determine eligibility of projects and approve changes in scope of work. The Department shall administer the financial processes. 24 ATTACHMENT A2 Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4) OMB Circulars A -21, A -87, A -110, A -122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Florida Statutes 8) Chapter 119, Florida Statutes 9) Section 216.181(6), Florida Statutes 10) Cash Management Improvement Act Of 1990 11) American with Disabilities Act 12) Section 112.061, Florida Statutes 13) Immigration and Nationality Act 14) Section 286.011, Florida Statutes 15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66. 16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975 18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 19) Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) 20) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 21) 28 CFR applicable to grants and cooperative agreements 22) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 23) 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; 24) Section 504 of the Rehabilitation Act of 1973, as amended; 25) Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); 26) Title IX of the Education Amendments of 1972; 27) the Age Discrimination Act of 1975; Department of Justice Non- Discrimination Regulations, 28) 28 CFR Part 42, Subparts C,D,E, and G 29) Department of Justice regulations on disability discrimination; 30) 28 CFR Part 35 and Part 39. 31) Federal Acquisition Regulations 31.2 and 931.2 25 ATTACHMENT A3 Warranties and Representations Financial Management Subrecipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Subrecipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Subrecipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Subrecipient. Any and all bids or offers may be rejected when it is in the Subrecipient's interest to do so. Codes of conduct. The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subrecipient. Business Hours The Subreciplent shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00 AM to 5:00 PM. Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. 27 ATTACHMENT A4 Contractor Covered Transactions 1. The prospective contractor of the Subrecipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The Department shall consider the employment by Contractor of unauthorized aliens to be a violation of Section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Contract. Contractor must utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of: (a) All persons employed during the Contract term by the Contractor to perform employment duties within Florida; and (b) All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract. (3) Where the Subrecipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Subrecipient's Name Department Grant Number 28 ATTACHMENT A5 Statement of Assurances The Subrecipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No, A -21, A -110, A -122, A -128, A -87; E,O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted project. Also the Subrecipient assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the Department, SAA, Chief Financial Officer or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards, The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part W, 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100,1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(4), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39, 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (SUBRECIPIENTS OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. tro ATTACHMENT A6 Reimbursement Check list Please Note: DFS -SFM reserves the right to update this check list throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. Equipment ❑ 1. Has a Details of Claims form been completed and attached? ❑ 2. Has a completed Equipment Reimbursement Request form to include AELs been included? ❑ 3 Have all invoices been included? ❑ 4. Has proof of vendor payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement) ❑ 5. Has validation of receipt of goods form been signed and included? ❑ 6. If service /warranty expenses are listed, are they only for the performance period of the grant? ❑ 7. If EHP form needed (permanent fixtures or alterations to structures) - has copy of it and approval from State /DHS been included? ❑ 8. Has the Grant, year and issue been clearly identified? Training ❑ 1. Is the course name clearly identified? ❑ 2. Has a description of the course been provided, if it is not an ICS course? ❑ 3. Has the DHS G &T course number been clearly indicated? If course is under DHS review provide the DHS tracking number. ❑ 4. Have sign -in sheets, rosters and agenda been provided? ❑ 5. If billing for overtime and /or backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? ❑ 6. Have print outs from entity's financial system been provided as proof attendees were paid? ❑ 4. Have the names on the sign -in sheets been cross- referenced with the names of the individuals for whom training reimbursement costs are being sought? ❑ 5, Refresher skills training: Has the class /course been entered into the Florida State Fire College FCDICE system to include the roster of students and their grades? Include print out for class. ❑ 6. Certificate training: Have copies of each students training certificate been included in the claim package? ❑ 7. Has any expenditures occurred in support of the training (e.g., printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card back up documentation which will include receipt with vendor, 31 copy of credit card statement showing expense charged, and payment to credit card company for that statement). 'Note: Only Overtime OR Backfill may be elected to cover the same position for reimbursement purposes. DHS allows reimbursement for base pay and fringe benefits. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. NOTE: Straight time IS NOT eligible for reimbursement with DHS SHS funds. Shift personnel who serve as SME instructors for specialized approved training are eligible for overtime /backfill reimbursement of hours spent preparing for and conducting training classes. Personnel who are regularly assigned to the training division ARE NOT eligible for overtime /backfill through DHS SHS funds. Exercise ❑ 1. Has documentation been provided on the purpose /objectives of the exercise? Such as, SITMAN /EXPLAN. ❑ 2. If exercise has been conducted - has after - action report been included? Have sign -in sheets, agenda, rosters been provided? ❑ 3. If billing for overtime, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation /cross reference been provided showing who was backfilling for who? ❑ 4. Have the names on the sign -in sheets been cross - referenced with the names of the individuals for whom training reimbursement costs are being sought? (See note in Training above reference to personnel cost, same applies) ❑ 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement). ❑ 6. Has any expenditures occurred on rental of space /locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P- Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement). Travel /Conferences ❑ 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts, hotel receipts, car rental receipts? Are these receipts itemized? Do the dates of the receipts match the date(s) of travel /conference? Does the hotel receipt have a zero balance? If applicable, have a travel authorization and travel reimbursement form been included to account for per diem, mileage and other travel expenses which have been reimbursed to the traveler by sub grantee? ❑ 2. If travel is for a conference has the agenda been included? 32 ❑ 3. Per diem print outs /verification for amount charged in accordance with Section 112.061 F,S.? ❑ 4. Has proof of payment to traveler been included? (E.g, canceled check, Electronic Funds Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll). For All Reimbursements - The Final Check ❑ 1. Have the costs incurred been charged to the appropriate POSTE category? Are the line item #s documented? ❑ 2. Does the total on the summary form match the totals of all forms? ❑ 3. Have the forms been sighed by the Sub - Recipient's Manager or Financial Officer? ❑ 4. Has the reimbursement package been inputted into the "reimbursement log" spreadsheet? Quarterly Reports ❑ 1. Does the amount listed for each issue reflect the cumulative amount claimed for that issue from all previous claims and payments? ❑ 2. Does the final cumulative amount reflect all payments and adjustments? 33 MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: David A. Boyd, Director of Finance Rebecca S. O'Connor, Treasurer THROUGH: Louie Chapman, Jr., City Manager DATE: April 30, 2013 SUBJECT: AGENDA ITEM 8.S. - REGULAR COMMISSION MEETING OF MAY 7, 2013 RESOLUTION NO. 28-13: MUNICIPAUGOVERNMENTAL UNIT CORPORATE AUTHORIZATION ITEM BEFORE COMMISSION This item is before Commission to approve Resolution No. 28 -13 which authorizes the City Manager, Assistant City Manager, Director of Finance and the Assistant Director of Finance to open accounts, endorse checks, withdraw or transfer funds on behalf of the City of Delray Beach at any bank or financial institution. BACKGROUND Banks require a municipal /corporate resolution designating certain officials to transact business on the behalf of a municipality. The resolution that is recommended for approval authorizes the officials referenced above to 1.) open all deposits or share account(s) in the name of the City of Delray Beach and 2.) endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit at a bank or financial institution. RECOMMENDATION Approve Resolution No. 28 -13. RESOLUTION NO. 28 -13 MUNICIPAL / GOVERNMENTAL UNIT CORPORATE AUTHORIZATION RESOLUTION I, Chevelle Nubin_, certify that I am the City Clerk of the City of Delray Beach (herein referred to as "Governmental Unit ") organized under the laws of the State of Florida and that the resolutions on pages 1, 2 and 3 of this document are a correct copy of the resolutions adopted at a meeting of the City Commission of the City of Delray Beach duly and properly called and held on May 7, 2013. These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS. Any agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position A. City Manager B. Assistant City Manager C. Director of Finance D. Assistant Finance Director POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power.) Indicate A, B, Description of Power C, D (1) Exercise all the powers listed in this resolution. A,B,C,D (2) Open all deposit or share account(s) in the name of the Governmental Unit with a bank or financial institution (herein referred to as "Bank ".). A,B,C,D (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with a Bank. (4) Borrow money on behalf and in the name of the Governmental Unit, sign, execute and deliver promissory notes or other evidences of indebtedness. (5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Governmental Unit as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest, and notice of non - payment. (6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Bank. (7) Other: Res No. 28 -13 EFFECT ON PREVIOUS RESOLUTIONS: This resolution supersedes any prior resolutions. CERTIFICATION OF AUTHORITY: I further certify that the Governmental Unit Officers have, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same. RESOLUTIONS The Governmental Unit named on this resolution resolves that: (1) The Bank is designated as a depository for the funds of the Governmental Unit and to provide other financial accommodations indicated in this resolution. (2) This Resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by the Bank. Any and all prior resolutions adopted by the Governmental Unit Officers of the Governmental Unit and certified to the Bank as governing the operation of this Governmental Unit's account(s) are in full force and effect, until the Bank receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a resolution must be accompanied by documentation, satisfactory to the Bank, establishing the authority for the changes. (3) The signature of an Agent on this resolution is conclusive evidence of their authority to act on behalf of the Governmental Unit. Any Agent, so long as he /she acts in a representative capacity as agent of the Governmental Unit, is authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated on page one, from time to time with the Bank, subject to any restrictions on this resolution or otherwise agreed to in writing. (4) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of the Governmental Unit with the Bank prior to the adoption of this resolution are hereby ratified, approved and confirmed. (5) The Governmental Unit agrees to the terms and conditions of any account agreement, properly opened by any Agent of the Governmental Unit. The Governmental Unit authorizes the Bank, at any time, to charge the Governmental Unit for all checks, drafts, or other orders, for the payment of money, that are drawn on the Bank, so long as they contain the required signature for this purpose. (6) The Governmental Unit acknowledges and agrees that the Bank may furnish at its discretion automated access devices to Agents of the Governmental Unit to facilitate those powers authorized by this resolution or other resolutions in effect at the time of issuance. The term "automated access device" includes, but is not limited to, credit cards, automated teller machines (ATA/1 , and debit cards. 2 Res No. 28 -13 (7) The Governmental Unit acknowledges and agrees that the Bank may rely on alternative signature and verification codes issued to or obtained from the Agents named on this resolution. The term "alternative signature and verification codes" includes, but is not limited to, facsimile signatures on file with the Bank, personal identification numbers (PIN), and digital signatures. If a facsimile signature specimen has been provided on this resolution (or that are filed separately by the Governmental Unit with the Bank from time to time), the Bank is authorized to treat the facsimile signature as the signature of the Agent(s) regardless of by whom or by what means the facsimile signature may have been affixed so long as it resembles the facsimile signature specimen on file. The Governmental Unit authorizes each Agent to have custody of the Governmental Unit's private key used to create a digital signature and to request issuance of a certificate listing the corresponding public key. The Bank shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed in writing. This Resolution has passed and adopted in regular session on this 7 h day of May, 2013. CITY OF DELRAY BEACH, FLORIDA C Attest: City Clerk The foregoing resolution is approved by me as to form and legal sufficiency. City Attorney Mayor Res No. 28 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 18, 2013 SUBJECT: AGENDA ITEM 8.T. - REGULAR COMMISSION MEETING OF MAY 7, 2013 PROPOSED CHANGE TO THE PROCEDURES FOR QUASI - JUDICIAL HEARINGS ITEM BEFORE COMMISSION The item before the Commission is a proposed change to the procedures for quasi-judicial hearings. BACKGROUND At the April 16, 2013 City Commission meeting, staff was directed to prepare changes regarding the procedures to the quasi-judicial hearings. The proposed change provides that the parties, City and applicant, shall each have 10 minutes to present their case rather than 20 minutes for each side. RECOMMENDATION Approve the change in procedures. City of Delrav Beach Procedures for Quasi - Judicial Hearings 1. Definitions: A. Applicant - the owner of record or his or her authorized agent. B. 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. C. 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. D. 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 3.B below. E. Quasi- Judicial Proceedings — proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonings, conditional use approvals, 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. F. Relevant Evidence — evidence that either strengthens or weakens the application by supporting or disapproving factual assertions related to the application. 2. General Procedures for City Commission Consent Items A. Consent Agenda Items. Applications before the City Commission for plat approval, variances, or waivers may be placed on the consent agenda, if the Applicant signs a statement that the Applicant concurs with the Staff recommendation. B. Removal from Consent Agenda. The Applicant, the Mayor, any Commissioner, or any member of the public may request that an application for approval of a plat, waiver, or variance be removed from the City Commission consent agenda. If removed, the application will be placed on the next regular City Commission meeting for a quasi-judicial hearing, or if the Applicant consents, the hearing may take place at the meeting the application was removed from the consent agenda. 3. General Processing for Hearings A. File/inspection. (1) 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. (2) 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 Land Development Regulations and Comprehensive Plan. The file will contain curricula vitae, drawings, documents and all other pertinent documents. (3) Index. The Planning and Zoning Department staff will provide the City Clerk or Board clerk with an index to the project file at the Hearing. (4) Supplementation of the File. The City Clerk or Board clerk will supplement the project file with all documents submitted at the hearing. (5) File for Inspection. The project file will be made available upon request for public inspection. (6) 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. B. Party Status (1) 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 3B(2) below, which is received by the Planning and Zoning Department three or more business days prior to the hearing. (2) 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 property that is different from the effect on the public as a whole. 2 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 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. C. Time Limits (1) Staff Time Limits. The (including the presentatio n present the city's case. City Staff shall have up to 10 minutes of witnesses and expert witnesses) to (2) Applicant Time Limits. The Applicant shall have up to 10 minutes (including the presentation of witnesses and expert witnesses) to present the Applicants case. (3) Party Time Limits. A Party may have up to 10 minutes (including the presentation of witnesses and expert witnesses). (4) Citizen Participants in General. Citizen participants not represented by a representative speaker shall have three (3) minutes to speak. (5) 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. (6) Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have six (6) minutes to speak. (7) Extension of Time by the Commission or Board. The Commission or the Board may, at their discretion, extend the time for presentations. 4. Conduct of the Hearing. A. 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 City Clerk, the City Clerk's designee, the Board clerk, or the Board Chairperson, Vice - Chair, or Second Vice - Chair. B. Disclosure of Ex Parte Communications. The Commission or Board shall disclose any ex parte communications and disclose whether any member physically inspected the property. To the extent possible, the Commissioner or 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 Commissioners or Board members shall give the City Clerk, his or her designee, or 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 present its case. 2. The Applicant shall present its case. 3. Parties may present their case. 4. Citizen participants or their representatives may speak for or against the application. 5. 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. 6. The City Staff, the Applicant, and Parties may have two minutes each for rebuttal 7. The Commission or Board may ask questions at any time during the proceeding. 8. The Commission or Board will commence deliberations and render a decision. D. Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case, which shall include the agenda materials, 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 Commission or the Board. 5. Cross - examination. A. 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. B. Cross - Examination Guidelines. 4 Citizen Participants are subject to cross - examination by the Mayor or Board Chair only. In the event of an absence of the Mayor or Board Chair, the term Mayor or 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 Mayor or Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross - examination questions to the Mayor or Board Chair prior to the commencement of the cross - examination. The Mayor or 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 Mayor or Board Chair is limited to two (2) minutes per Citizen Participant. 2. Only the City Staff, the Applicant, or a Party may cross - examine non - Citizen Participant witnesses. 3. Cross - examination by City Staff, the Applicant, or a Party shall be limited to two (2) minutes per witness each. 4. The Commission or Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. C. Relevancy. All relevant evidence shall be accepted. D. Scope. The scope of the cross - examination shall be limited to the facts alleged by the person testifying in relation to the application. E. Good Faith Questions. The cross - examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. F. Power to Halt Cross Examination. The Mayor or Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross - examination. In the absence of the Mayor or Board Chair, the term Mayor or Board Chair shall be deemed to include the person authorized to run the meeting in their absence. The Mayor or 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 s pursue improper lines of questioning, the Mayor or Board Chair may halt the cross - examination. 6. Applicability. These rules only apply to proceedings and hearings that are quasi-judicial in nature. These rules are applicable to the City Commission and any Board that does not have specific rules for the conduct of quasi-judicial proceedings. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Louie Chapman, Jr. City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 8.U. - REGULAR COMMISSION MEETING OF MAY 7, 2013 REVIEW OF APPEALABLE LAND DEVELPMENT 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 April 15, 2013 through May 3, 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 April 15, 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 with conditions (6 to 0, Jan Hansen absent), of a final subdivision plat for Gulfstream Villas, a proposed fifteen (15) lot fee simple townhouse development, located at the southwest corner of Gulfstream Boulevard and Webb Avenue. B. Tabled (6 to 0), the conditional use requests to allow an increase in density in excess of 30 residential units per acre (77.62 units per acre proposed) and an increase in the building height in excess of 48 feet (60 feet proposed), for Uptown Delray, a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 163 residential apartment units and 4,270 square feet of retail/office space in a 6- story building and 6 -level structured parking garage. The subject site is located on the north side of SE 2nd Street between SE 4th Avenue and SE 5th Avenue. C. Tabled (6 to 0), the abandonment of a portion of the sixteen foot wide north -south alleyway in conjunction with the Uptown Delray development, lying within Block 102, Town of Delray and extending 244.93 feet north of SE 2nd Street. Site Plan Review and Appearance Board Meeting of April 24, 2013 Tabled (6 to 0, Mark Gregory absent), a request for master sign program for The FranklinApartments, a proposed 180 -unit residential development, located on the west side of South Federal Highway, south of SW 10th Street (1260 S. Federal Highway). 2. Approved with conditions (6 to 0, Mark Gregory absent), a Class I site plan modification and architectural elevations associated with enclosing an existing loading dock and construction of a structured steel canopy for Nature of Marble, located on the west side of Congress Avenue, south of Lake Ida Road (240 North Congress Avenue). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING - CITYLIMITS . _„_,_ N APPEALABLE ITEMS �- ONE MILE I PLANNING AND ZONING LOCATION MAP MAY 7, 2013 GRAPHIC SCALE DEPARTMENT SPRAB. 1. THE FRANKLIN APARTMENTS 2. NATURE OF MARBLE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DOC \5 -7 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: April 24, 2013 SUBJECT: AGENDA ITEM 8N.1 - REGULAR COMMISSION MEETING OF MAY 7, 2013 CAROLYN L. GHOLSTON PROCLAMATION ITEM BEFORE COMMISSION Carolyn Gholston was a longtime resident and an active member in the community participating in several organizations until her death on March 20, 2013. On April 6, 2013, Vice -Mayor Al Jacquet attended Mrs. Gholston's funeral service and presented the attached proclamation posthumously on behalf of the Mayor and Commissioners in recognition of her outstanding work, multitudinous contributions and accomplishments in the community. WHEREAS, Carolyn L. Gholston, a longtime resident of Delray Beach admired for her beauty, strength and wisdom as well as her nurturing and caring spirit, departed this life on March 20, 2013 surrounded by family; and WHEREAS, Mrs. Gholston was a member of the Coalition for Community Revitalization /Weed & Seed, worked on the Feed the Families Project, partnered with the Northwest Presidents' Alliance for holiday meal distribution and volunteered numerous hours with the Roots Cultural Festival; and WHEREAS, She married her beloved and devoted husband, Joe R. Gholston and through this wonderful union they have their three loving children; and WHEREAS, Mrs. Gholston used her time and talent for the community's youth. NOW, THEREFORE, I, ALSON JACQUET, Vice -Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray Beach, do hereby posthumously recognize and commend: CAROLYN L. GHOLSTON and call upon all present to acknowledge and applaud her longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and her community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 61h day of April, 2013. ALSON JACQUET VICE- MAYOR WHEREAS, audiologists in the City of Delray Beach and nationwide observe and celebrate Better Hearing Month each year during the month of May; and WHEREAS, the City of Delray Beach recognizes and values the efforts of all who work to eliminate or minimize the isolating effects of communication disorders in the one in five families affected by them; and WHEREAS, more than half of the people with hearing loss are younger than age 65; and WHEREAS, hearing loss is the third most common health problem in the United States; and WHEREAS, our citizens who have overcome communication disabilities through the services of audiologists are now able to lead independent, productive, and fulfilling lives; and WHEREAS, the City of Delray Beach is proud and honored to have audiologists offering quality education and health care services to its citizens. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May, 2013 as: BETTER HEMPVG MONTH in the City of Delray Beach, Florida, encourage all citizens to recognize the achievements of Audiologists in improving the quality of life for people with communication disorders. 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 71" day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, millions of people throughout the world consider prayer the most important utterance of mankind; and WHEREAS, prayer comforts us in times of sorrow and gives us strength and hope for the future; and WHEREAS, throughout the history of our state and nation, Americans have given thanks to God for the many blessings which God has graciously bestowed on our nation and have humbly prayed for guidance, comfort, and protection; and WHEREAS, we continue to give thanks for the men and women of the military who defend freedom, and we humbly ask God for their protection and pray for peace throughout the world. We ask God to keep His hand upon us and bless the City of Delray Beach, the great State of Florida, and the United States of America; and WHEREAS, the National Day of Prayer is recognized by Congress as a day for all Americans to pray and reaffirm the spiritual principles upon which our nation was founded; and WHEREAS, this is the 62nd anniversary of the annual observance of the National Day of Prayer, and this year's theme is "Pray for America ", based on Matthew 12:21, `In His name the nations will put their hope ", and WHEREAS, on May 2, 2013, Americans across our nation and state will unite in prayer to acknowledge our dependence upon God, give thanks for the many blessings our country has received from Him, recognize our need for personal and community repentance and renewal, invoke God's blessings upon our leaders and ask God to protect and bless our nation. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 2, 2013 as: NATIONAL DAY OF PRAYER in the City of Delray Beach, Florida, and extend greetings and blessings to all observing the National Day of Prayer. 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 2nd day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 5- May 11, 2013 as: MUNICIPAL CLERKS WEEK in Delray Beach, Florida and extend appreciation to our Municipal Clerk, Chevelle D. Nubin and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. 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 71h day of May, 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: April 22, 2013 SUBJECT: AGENDA ITEM 8.V.5 - REGULAR COMMISSION MEETING OF MAY 7, 2013 NATIONAL KIDS TO PARKS DAY PROCLAMATION ITEM BEFORE COMMISSION National Kids to Parks Day is officially in support of the First Lady's Let's Move! initiative. This proclamation is to encourage children nationwide to take part in a grassroots movement to celebrate America's parks through play on Saturday, May 18, 2013 as they participate in National Park Trust's third annual National Kids to Parks Day. BACKGROUND Families are invited to join the City of Delray Beach in a "Day of Play" at Pompey Park on May 18th, from 10:00 a.m. to 1:00 p.m. The event is free, and water and snacks will be provided. There will be scheduled activities throughout the event. The tennis courts, basketball courts, playground and pool will also be available for open play (free admission at the pool during the event hours). WHEREAS, May 18, 2013 is the third National Kids to Parks Day organized and launched by the National Park Trust; and WHEREAS, National Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks; and WHEREAS, it is important to introduce a new generation to our nation's parks because of the decline in park attendance over the decades; and WHEREAS, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity and other childhood diseases; and WHEREAS, National Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants; and WHEREAS, National Kids to Parks Day will broaden children's appreciation for nature and the outdoors; and WHEREAS, the National Kids to Parks Day event will be held on Saturday, May 18, 2013 at Pompey Park, 1101 NW 2nd Street, from 10 a.m. — 1 p.m.; and WHEREAS, the Parks and Recreation Department at Pompey Park will be offering children's activities, games, sporting events and food from 10am — 1pm and encourages families to come out and enjoy a day in the park with their children. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, do hereby proclaim May 18, 2013 as: NATIONAL KIDS TO PARKS DAY in Delray Beach and urge residents of Delray Beach to make time on May 18, 2013 to take the children in their lives to a neighborhood park. 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 Td' day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, this is the 55"' year for "National Safe Boating Week" founded in September of 1958; and WHEREAS, the National Safe Boating Council, Inc. along with the support of over 330 groups and organizations, devote their timeless efforts in the pursuit of safe recreational boating practice and procedures; and WHEREAS, the U.S. Coast Guard Auxiliary Flotilla 36 of Boca Raton recognizes and is a participant in "National Safe Boating Week "; and WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at times and be a place of chaos and confusion; and WHEREAS, while being a marvelous source of recreation, boating can be a risky sport to the unprepared. Not knowing or obeying the Navigation Rules, the nautical "Rules of the Road," drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of human error or a lack of proper judgment; and WHEREAS, wearing life jackets can reduce by approximately 80% the number of boaters who lose their lives by drowning each year; and WHEREAS, on average, 700 people die each year in boating - related accidents in the U.S. and nearly 70% of these are fatalities caused by drowning; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they wom their life jackets; and WHEREAS, if people are aware of the risk, they are likely to take the precautionary measures to protect themselves, their friends and their family. That is why we must continue to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year; and WHEREAS, today's life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of May 18 -24, 2013 as: NATIONAL SAFE BOATING WEEK in Delray Beach, Florida, and urge all of those who boat to Wear It!" and practice safe boating habits. 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 7s' day of May, 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: Louie Chapman, Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 8.W.1- REGULAR COMMISSION MEETING OF MAY 7, 2013 CONTRACT AWARD/ FLORIDA DOOR CONTROL OF ORLANDO, INC. ITEM BEFORE COMMISSION The Police Department seeks Commission approval to enter into a Purchasing Agreement with Florida Door to expand the current security system. Project cost quoted at $22,974 (quote attached). BACKGROUND This project involves adding key card access to seven (7) doors within the Police Department, to include the entire Investigative Section and the Lobby report writing room. Currently, those doors are locked with keys. Switching to key cards would allow the Department both to restrict access and to track who entered the secure areas. This is important due to the sensitive nature of the work being performed there. An additional benefit would be that when staffing changes occur, the key card system can simply be reprogrammed, adding and deleting access, rather than recovering and reissuing physical keys. Since it is an expansion of an existing system, we need to use the same vendor who installed and manages it, in order to ensure that the expansion is fully compatible with the existing hardware and software. Otherwise, we would need to replace the entire system, Department wide, which would not be cost effective at this time. FUNDING SOURCE Funding for this project was budgeted in the CIP, project #13017, account #: 334 -2111 -521- 63.90. RECOMMENDATION The Police Department recommends approval. From Da PROPOSAL Florida Door Control of Orlando, Inc 658 -2 Washburn Road Melbourne, Florida 32934 Ph: (800)- 321 -6487 (FL Only) Ph: (321) 254 -8011 FAX 321-259-8725 EMail: awilli@FDC.com PROPOSAL SUBMITTED TO PHONE JDATE Delray Beach Police Department 561- 243 -7865 04 -11 -13 STREET FAX 300 West Atlantic Avenue 561 - 243 -7816 CITY, STATE and ZIP CODE JOB LOCATION Del ray Beach, Florida 33444 -3695 1 Delray Beach PD - Access System Add -on TTENTION: DATE OF PLANS Proposal Number Client Email: Mario Dahl AW20435A dahl ci.delra - beach.fl.us We Propose hereby to furnish material and /or labor -- complete in accordance with specifications below, for the sum of. Please See Pricing Below. Payment to be made as follows: 30% Deposit, Remainder Upon Completion Cash & Check Sales Only Standard Contract Terms. All material is guarani d t, In es specified. All work to be —p-d— a workmen like manner...,ding to stand.,d practices. Any alteration ., tleviation from specification voNing extra costs will be .--d only upon wnt- o,d,,s antl will become en extra charge ,and above the estimate. Agreements contingent upon strikes, accitlents ,, dd.a beyond our control. Owner to carry fire.. t n.d. antl other necessaryinsurance. On, workers are fully covered by Workers Compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within 45 days. Signature:,444 ?AW Ext.17 Cell 321- 403 -5652 Access Control Upgrade for Additional 7 Doors: 1 EA ProWatch Starter Kit 8 Doors, Includes the following: 1 EA PW6000 Controller 1 EA PW 6000 Two Reader Board 1 EA PW Enclosure 9 Board Capacity 1 EA Power Supply w /Battery Backup 1 EA PW Daisy Chain Cable 1 EA Noise Suppressors 1 EA Battery 1 EA WSE Digital Reader DR4208 1 EA HES Electric Strike w/501 Face Plate 1 EA HES 501 Face Plate 1 EA Door Contact 1 EA Composite Cable Spool 1 EA Misc Parts & Materials COST FOR FIRST CARD READER WITH CONTROLLER & DOOR HARDWARE: Seven Thousand, Six Hundred and Seventy Four Dollars :::::::::::::::: ::::::::::::::::::::::$7,674.00 COST FOR EACH ADDITIONAL CARD READER WITH BOARD & DOOR HARDWARE: Two Thousand, Five Hundred and Fifty Dollars ::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::$2,550.00 TOTAL COST FOR 7 CARD READERS WITH CONTROLLER & DOOR HARDWARE: Twenty -Two Thousand, Nine Hundred and Seventy Four Dollars ::::: :::::::::::::::::::::$22,974.00 CARD READER LOCATIONS 1. COMPLAINT ROOM DOOR IN FRONT LOBBY 2. IT ROOM DOOR ON SECOND FLOOR 3. IT ROOM INSIDE DOOR ON SECOND FLOOR 4. IT ROOM EQUIPMENT DOOR ON SECOND FLOOR 5. "CRIMES AGAINST PERSONS" ROOM DOOR ON FIRST FLOOR 6. "VIOLENT CRIMES INVESTIGATIONS" ROOM DOOR ON FIRST FLOOR 7. SHOOTING RANGE DOOR Note: The above price includes cost of materials, warranty, applicable taxes and freight charges. Acceptance of Proposal- The above prices, specification and conditions are satisfactory and are hereby accepted You are Authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD /CRA Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: April 26, 2013 SUBJECT: AGENDA ITEM 8.W.2 - REGULAR COMMISSION MEETING OF MAY 7, 2013 CONTRACT AWARD / MANCIL'S TRACTOR SERVICE, INC. ITEM BEFORE COMMISSION Request for bid award and authorization for the Mayor to execute a construction contract with Mancil's Tractor Service, Inc. for construction of the SW 2 St Beautification Project in the amount of $976,734.32 (P/N 2010 -039). BACKGROUND This project is in coordination with the Community Redevelopment Agency and is part of the Southwest Area Neighborhood Redevelopment Plan. This project is for the construction of Roadway Improvements on SW 2nd Street from I -95 to Swinton Avenue. The scope of the project includes sidewalks, drainage, traffic calming, swales, landscape islands at each intersection and mid -block where applicable, parallel parking at the north side of SW 2nd street, between Swinton Avenue and SW 1st Avenue, irrigation and landscaping. Four (4) bids were received on 3/29/2013 and have been summarized in the attached Bid Comparison Sheet. The bid submitted by West Construction, Inc. was included even though they were disqualified due to the lack of documentation showing that they are on the City's Prequalified Bidders list. It appears that the lowest responsible qualified bidder is Mancil's Tractor Service, Inc. ( Mancil's), located in Stuart, Florida. Mancil's Base Bid was in the amount of $924,368.57 with an Alternate Bid Item No. 28A of $74,000.00. If Commission is to award the contract with the Alternate Bid Item No. 28A paver brick crosswalks at the intersections with roundabouts, which replaces Bid Item No. #28 ($21,634.25) for striped crosswalks at the intersections with roundabouts, the final price of the Base Bid with Alternate Bid Item No. 28A would be: $976,734.32. FUNDING SOURCE The funding source is as follows: #334 - 3162 -541 -65.95 $836,734.32 #448 - 5461 - 538.65 -95 $140,000.00 RECOMMENDATION Staff recommends approval for award of the contract to Mancil's Tractor Service, Inc. including the Alternate Bid Item No. 28A ($74,000.00) for paver brick crosswalks at the intersections with roundabouts for a total project cost of $976,734.32. WGI Wantman Group, Inc. April 30, 2013 Engineering ❖ Surveying •: Environmental •3 Planning Tim Tack, P.E., Project Manager City of Delray Beach Environmental Services Department 434 S. Swinton Avenue Delray Beach, Florida 33444 RE: S.W. 2nd Street Improvements - Delray Beach, Florida Bid Recommendation Dear Tim, We have reviewed the four (4) bids that were received on 3/29/2013 and have summarized the results in the attached Bid Comparison Sheet. We reviewed the bid submitted by West Construction, Inc. even though they were disqualified due to the lack of documentation showing that they are on the City's Prequalified Bidders list. Based on our review of the bids the lowest qualified bidder was Mancil's Tractor Service, Inc. (Mancil's), located in Stuart, Florida. Mancil's Base Bid was in the amount of $924,368.5700 with an Alternate Bid Item No. 28A of $74,000.00. The highlighted number reflects the correct bid amount based on Unit Costs. Mancil's Tractor Service, Inc.'s bid did not contain any errors. If you have any questions please feel free to contact me. Sincerely, Brian J. LaMotte, P.E. Senior Project Manager Sincer , WANTMAN GROUP, INC. End: SW 2 "11 Street Bid Comparison Sheet 2035 Vista Parkway West Palm Beach, Florida 33411 -o Phone: 561- 687 -2220 •S Fax: 561 - 687 -1110 www.wantmongroup.com O D a ED V If F N Z N W W Z a � m i2r W W W m } O Q Z W d J U Z W w N � � LL Q rib O a LU U Z w x W N N N N N N N N NN N M N N M eN� pN qp ppp pN w W of �: 8 ep: tai n °n `�i a °m vii $ �i w O P � � � � S Fl � ♦ h N � r N f � M h � A r � N d w 1"' z U N N r N N N N N N N N N N Np N N N N M N V W pN O pN O Q S O O D 4 S O O S O O pN a O a lz U S H z w w N w w w w �n w w u3 w W ❑ h b � p G � N m � O S C G n b p9 r N O N b r p fVW A Z y 0 n r wr r f a e n � � ai ed r o r si a �i ti � ri 1x2 W U F ca N N N N N N N N N N N N M M N M N N S g °o y of N w w w N w p $ S S S S aq e O y°� o Q$Q gg gQ Q 4Q al n z W N N y N N M N N N M N N M M N N N N N N N N W o o 0 8 8 8 8 0 0 8 S a$$ 8 P 8 o 0 0 m b U_ o vi a a pp o o m vi a w m o �n d � d ry ui 2 � � w m N N w m N (A 19 w w N p O pw p Q g o ° n N ry °m Z N N + _ '► 1` ry N tl M K r n n U J W Q N N N N N Np N N U Mpp N N N N N N N a W pN p p pN Sp p O S N INS, o n N N p o N S N o b S S S CL ° W h N z w w w N w w w w w p b p S N O i[j � m n N p Q O n u] EO In a W : Q r tp t9 v N X J -7 N J lil W W W T�� Y Y Y 1- 0 V7 V) 0 Y } N Th Y VI LL LL LL LL 0 m r, y N m 0 T— m ry £ O mw U V , V U m (7 c �^ NO Z C m ,q� m W D V C G e V (!] p LU n Li '� w L U3 h U 2 m s w m o v m m= ¢ E ° � y$ n v ID U ¢ U Z p o o v m A p W y C m O E S m U Ep U CL O p i- W2 Q Z U fY Ii U 0 U] •- N N N m p N U 10 i`1 `J LL LL LL L w m N N N w v g 3 8 g M g g m g e 9 g O: O b b N .:j N IV r " ry H Y 4 N N lV W uJ W i E]yWz^[ Ul N N N N N 8 W N S$ S N 8 N S N S H 8 N 8 S N S 8 N o N S N 8$ N $$$ N N g 8 0 8 n dF C C pp � 6 c O G N 8 y {Yp C p �. �p1 O r N N S 6 O a H �O ONi Z Vi It W • m h N ui r O W ♦ w+ r n �tl'! p N h ti ri g h O! �i W O r 'f M f~M1 o R1 r X V c tu N N N N N N N H N N N N N N N N N N N N N N p p p S S S S S 8 S S S S t'1 (7 40 n r N Z 7 H N h N 8$ V� N S 8 8 8$ N N Yi 8 N 8 8 8 N p N 8 N S N 8 N S$ N M 8 o S 8 8& LU o "pp/ i�q T 9pp O_ O he pp d 0 �qC spYy f �- b N H F U N N M N N Npp N N N N N N Npo N N N N NN N M N W p S S Q S O A S pSp m oN P O O pN Q Q O S O Spp 9 � �Sy S O h Ol O Y'] N N N N N Vi N N N N Vl N h W ✓l N Q S °o g W Ct N N 3 ° a - ei g S h $ Z 1~/i �3, ° M �S m i ° M n W S7 $ n Y YR Ri � KU W N N N N N N N N N N N N N N N N N N N N N N N W S S °p g o S°n gi, °o $ 6 °a N N 7 NN W N N N N N N N a N A N o n YI w h 'O y✓f G Np N C N pq pH po W a M m 4 N 1 + w 9 1f1 [ n I m Oat td Y yy p W O � � U J W N N H N N Np N N N NNpp N V N N N N N N N W o O m r S N S O N o m M N lV S 8 U 0 4 vi h S � m S N � M $ O � S o P m N O Q �rj N N 00 O_ PN N N N VI N N N M N N h [A 1A N N N N z QQ g p a ZLL LL LL LL LL m LL > a z LL LL a a a a u, u1 r Y fn % v 004 cn u L w2 y U d m o m �� a a w LL }gip ^p la ti d m 3 G ii LL o ° r U U r amy ro m z Cs o Q LU o Li .0 g m 10- ° tg C) w iri : U D J m pp [LLry W W W Z F U W z S !S yCy 3 O g Oqg g O b ° S �' m O 4 a O �°e O o m G IJ n 1? P b 6 S p O O S 4O4 Z W X W N N M N N N N N H N N N N N w 0 V N N N N N N N N N N K U_ ��pp r5 °o vo yoy ai [[pp n v m Nm m N � v n m <n d n o V � M w M w M fhN M wN N NN n F z cn X U n ow n pg N o p ^ e S O pw O 10 M 4 T p S QI n b n w N dl N S o p A 6 Y pN a h S V Yf W N N N N H N N N N N H N N N N N M W °o °o °o a F � � Z M �n w N N 6w9 w k O (/Pvj W O � O S ew Q o8 8 8S ow Op S w n pN S p SO N C N p O O p G N S Np N N N N N N Npp N N N NN N N N ,i W d' p o S o b ems] S d S S Sri O o ri o� o� a pN Ni ci m r- ufi m ° CL N z Z LO W O M ° °i °b N amp A oG M O N rrJf a H lY A N 1 W N N N N N N N N N N M N N N N N N W IL t+i N N iT n N F A Z N w ✓> w w w N FE S.W. 15TH AVE S.W. 14TH n N.W. 14TH vi a AVE. �I G zLfl N.W. 13TH AVE. wj F 12TH AVE. z 11TH AVE. AVE. D r D 0TH AVE. � n N N.W. 9TH AVE. o E S.W. 13TH � UBURN AVENUE S.W. S.W. 12TH 11TH S.W. 10TH N S.W. 9TH CIR. o S.W. 9TH � S.W. 6TH ° S.W. N Z ° ME" m V ' Tm m Z C m ni N.W. N.W. N.W. N.W. El N.W. HILL ELLLILT�l y c A s z n 7 S.W. 6TH AVE. S.W. 5TH I AVE. h 5.W. 4TH AVE. ti AVE. S.W. 3RD N.W. H=EL=E N.W. 2ND S.W. 2ND AVE. 1ST FH11 S.W. 1ST. AVE. S W I N TON A V E N U E CITY of DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT 0 P 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 33444 SW 2 ST BEAUTIFICATION OATE:05/05/2010 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: April 26, 2013 SUBJECT: AGENDA ITEM 8.W.3 - REGULAR COMMISSION MEETING OF MAY 7, 2013 CONTRACT AWARD/ HINTERLAND GROUP, INC. ITEM BEFORE COMMISSION Request to approve an award to Hinterland Group, Inc. in the amount of $29,750.00 for the annual Lift Station Rehabilitation program, P/N 2013 -031. The lift station identified for this year's rehabilitation is LS #60. BACKGROUND The Public Utilities Department requested funding for the annual lift station rehabilitation program with current year's budget allocation at $75,000. The award allows staff to continue their annual rehabilitation program, focusing on stations exhibiting the most deterioration. This request is for rehabilitation of Lift Stations #60, located at Delray Medical Center. Staff solicited bids for this rehabilitation work through a formal bid process. The City received five bids as follows; Hinterland Group, Inc. in the amount of $29,750.00, Foster Marine Contractors, Inc. at $44,630.00, TLC Diversified, Inc. at $45,489.00, T.V. Diversified at $49,710.00, and Intercounty Engineering, Inc. at $56,184.00. Hinterland Group, Inc. is the apparent low bidder. The scope of work includes by -pass pumping of the station; furnishing and installing new stainless steel base plates, flanges, and gaskets; installation of break -away fittings and new pump guide rails with associated brackets; and the installation of a protective coating. Break -away fittings and guide rails to be furnished by the City. Staff recommends award to Hinterland Group, Inc. for this project. They meet the pre - qualification requirement for the project and their performance history and references have been verified. Upon approval by City Commission, Hinterland Group, Inc. will execute the "Standard Form of Agreement between the City and Contractor ". FUNDING SOURCE Funding is available from account #442- 5178 -536- 68.15, Water and Sewer Renewal and Replacement/ Lift Station Rehabilitation. RECOMMENDATION Staff recommends award to Hinterland Group, Inc. in the amount of $29,750.00 for Lift Station Rehabilitation, LS #60. M 0 N x O U 0.1 00 F" M M N cq N N H � U H cq w M O N N ^O I--I w 0 QI O O O O O O O O O O O O O — O O 0 0 o 0 0 o IQ O v ai o 0 LO jai 0 0 o 0 O O 0 o O v c O O O O W) N N O O O O a0 0 a .L M W r CO O O N N cD C O T V (O cD co In W N r co V N N L Y W f E91 0) E91 0) E91 0) E91 0) E91 0) vl O O O O O O O O O O O O O O O O O O O O O O O O O O a) O O O O O O O O LO O Cl) O O O O O O 00 00 O O O O O r i In W) 00 W r (O co Cl) Cl) Cl) Cl) h N N N N In W N N N v N 0 H ER ER ER ER ER ER ER ER ER ER ER ER ER O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W) O O O O (O O O O O I— n O cD O O O O OA 00 i O I O 0 O O O O O O O I 0 U J H ER ER ER ER ER ER ER ER ER ER ER ER ER C1 O O O O O O O O O O O O O O O O O O O O O (? O (? O O C In W) O O In O O O In W) O O O 'L n O O Cl) O O I— n In W) Cl) R i W (C cD r In W N N N N cD 0 W) N N le In W) LO W) le L () Y V! aL+ O C LL O U Q O O O O O O O O O O O O O O O O O O O O O O O (? O O O O O O O C4 -4 O O (D co O O O O O O O O O O V -4 O O W) (, W) O O M O O V In W n 'a V r OA C C r r N R — L Y H un H bb N U bb � pp Ccz r N O cC O vi y0. U U cz b4 W 7-r cd bb CC ,� cd A bA O CC CC N CC (..) CC X11 0 (Si N V C� U Qy O �N/ 0 � S7 cz cz 4.1 0 a V > L� W > > M O N N ^O I--I w 0 QI t�•I k � a.� CIPW rr `r i +.� a 4' �. d• 1 i - r:4 "..Verde3' a AT fo ID p a 1 11 Y1 91 Yl Yl Y_ F AR, wNf• Aw _. .. _- ` Lift Station Rehab FY 2013, PN 13 -031 LS #60 - Location Map pg. 23 Bid No. 2013- MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MAY 7, 2013 WAIVER REQUEST/ COMMUNITY REDEVELOPMENT AGENCY (CRA); ARTISTIC BANNERS ITEM BEFORE COMMISSION Approval of a waiver to Section 4.6.5 (D) of the Land Development Regulations to allow the installation of four (4) artistic banners (5' x 30') to the existing fence of the Community Redevelopment Agency's (CRA) property located at 805 West Atlantic Avenue for the next two (2) years (May, 2015), pursuant to the recommendation of the Public Arts Advisory Board (PAAB). BACKGROUND At the West Atlantic Redevelopment Coalition (WARC) Board December 12, 2012 meeting, the CRA staff introduced a potential project for WARC to undertake at 805 West Atlantic Avenue. The site is currently under soil and groundwater remediation, which will take 2 to 4 years to complete. The CRA staff suggested that WARC consider utilizing the existing construction fence surrounding the site for West Atlantic beautification and marketing efforts. At WARC's January 9, 2013 meeting, the Marketing Committee agreed to utilize the site. The Marketing Committee Chair, Sam Spear, described his coordination efforts with Alan Burgess (Program Manager) and the children of the Milagro Center for a project to showcase the student's art work. The art work will include four (4) 5' x 30' long banners to run along the entire south and southeast elevations, with partial coverage on the east and west elevations. The banners will include art work created by children who attend programs at the Milagro Center. The project was approved by the CRA Board for funding at their regular meeting on March 28, 2013 and was unanimously approved by the PAAB at their regular meeting on April 22, 2013. The site location map and renderings of the banners are attached for reference. RECOMMENDATION Staff is recommending City Commission approval of a waiver to Section 4.6.5 (D) of the Land Development Regulations to allow this project as it will utilize a form of public art to beautify the existing condition of the construction site and represents a collaboration of efforts with the community between the CRA, WARC and the Milagro Center. 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 TO ALLOW THE INSTALLATION OF ARTISTIC BANNERS TO THE EXISTING FENCE OF THE COMMUNITY REDEVELOPMENT PROPERTY LOCATED AT 805 WEST ATLANTIC AVENUE 1. This waiver request to allow the installation of four (4) artistic banners (5' x 30') to the existing fence of the Community Redevelopment Agency's property located at 805 West Atlantic Avenue for the next two (2) years (May 2015) came before the City Commission on May 7, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow the installation of four (4) artistic banners (5' x 30') to the existing fence of the Community Redevelopment Agency's property located at 805 West Atlantic Avenue for the next two (2) years (May 2015). 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 4.6.5(D), to allow the installation of four (4) artistic banners (5' x 30') to the existing fence of the Community Redevelopment Agency's property located at 805 West Atlantic Avenue for the next two (2) years (May 2015). Does the waiver request to allow the installation of four (4) artistic banners (5' x 30') to the existing fence of the Community Redevelopment Agency's property located at 805 West Atlantic Avenue for the next two (2) years (May 2015) meet all the requirements of 2.4.7(8)(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 4.6.5(D). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of May, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein., Mayor 1CRA D ( t R A Y 8 f A C H CCIYwak 'I1 11'{,Ctrl IJt- 20 N. Swinton Avenue Delray Beach, FL 33444 Agenda Item # March 28, 2013 CRA BOARD SUMMARY - WARC & MILAGRO CENTER PRESENTATION 805 WEST ATLANTIC AVENUE FENCE BANNERS At the WARC Board's December 12, 2012 meeting, CRA Staff introduced a potential project for WARC to undertake at the northwest corner of West Atlantic Avenue and NW 8th Avenue (805 West Atlantic Avenue). The site previously contained a gas station (Unique Oil #8), and contamination was identified at the time of the CRA's acquisition of the property in 2006. The site is currently under soil and groundwater remediation which will take 2 to 4 years to complete. CRA staff suggested that WARC consider utilizing the existing construction fence surrounding the site for West Atlantic beautification and marketing efforts. At WARC's January 9, 2013 meeting, the Marketing Committee agreed to utilize the site and at its February 13th meeting, the Marketing Committee Chair Sam Spear described his coordination efforts with Alan Burgess (Program Manager) and the children of the Milagro Center for a project to showcase the student's art work. Mr. Spear and Mr. Burgess shared the project with the WARC Board at its March 13th meeting, which will include 30 ft. wide by 5 ft. high banners to run along the entire south and southeast elevation with partial coverage on the east and west elevations. The banners will include art work created by children who attend programs at the Milagro Center. The WARC Board approved of the design and the continuance of the project through the approval process. The printing cost of the banners is approximately $200 per banner —it is estimated that four to six banners will be needed. The final purchase will be well within the amount that can be approved by the CRA Executive Directive (up to $15,000). The CRA Staff is recommending approval of this project as it will beautify the existing condition of the construction site and represents collaboration of efforts with the community between the CRA, WARC and the Milagro Center. Recommended Action: Approve the design and installation of the 805 West Atlantic Avenue Fence Banners. Submitted By: Kristyn Cox, Special Protects Administrator Attachment(s): Site wl Banner Locations; WARC & Milagro Center Banner Design 0 Site Location: 805 West Atlantic Avenue • - J F - 1 . - -era 13 S 1,. JA 0 � #11), 1� cc 6 y �r , I•�� JI a':,�: 1.. PUBLIC ART ADVISORY BOARD MINUTES Monday, April 22, 2013 6:00 p.m. Environmental Services Department Building 434 S. Swinton MEMBERS PRESENT: Daniel Bellante Sandi Franciosa Carolyn Pendelton- Parker Jerry Rabinowitz Kevin Rouse STAFF PRESENT: Linda Karch Sherry Dungey Janice Rustin MEMBERS ABSENT: Sharon Koskoff GUESTS: Danielle Connor Krystyn Cox Charlene Jones Samuel Spear Jr. Suzi Edwards Cecilia Lueza Rick Munne Tammy Cook CALL TO ORDER/ROLL CALL: The Public Art Advisory Board meeting was called to order by Daniel Bellante at 6:10 p.m. COMMENTS FROM PUBLIC 1. Guests were introduced — • Mr. Samuel Spear Jr. —West Atlantic Redevelopment Coalition (WARC) • Kristyn Cox - Community Redevelopment • Chief Danielle Connor — Delray Beach Fire - Rescue • Charlene Jones — Spady Cultural Heritage Museum • Tammy Cook — Landscape Architecture for Project • Suzi Edwards- First Artist to Present AGENDA 1. Fire HQ Plaza Call to Artist — Selection of Artist • Carolyn Pendleton- Parker gave a brief explanation of what integrated art is along with a brief history of the PAAB. • The PAAB started in 2000, with a task force of volunteers. • The object of the meeting tonight is to select one finalist from the short list of artists /artist team(s) for this project. • All three artists /teams have met the requirements. Public Art Advisory Board April 22, 2013 Page 2 o The artist/team will be working in collaboration with the project architects, engineers, etc. from the beginning all the way through construction. Suzi Edwards presented her design for the project — o She provided a slide show of her other projects, the same as submitted with her short list application. • Her design honors firefighters. • Suzi stated that she went on line and found the figures displayed in her mosaic mural example (See Page ? ?) called "Firefighters Prayer ", it is a famous image. • Suzi stated that the figures would be of porcelain and the background (flames) would be of glittering mosaic. • A contractor would build the wall (14 ft. x 90 in.), and the cost is included in her proposed budget, however she had to scale the wall size down due to the budget for building the wall is part of the art budget. • The mosaic itself would be 9' x 5', with bright flaming colors. • At each end of the wall would be a planter with orange bougainvillea. • A sample of mosaic depicting the wall and a sample of the tile for the benches (three small and one large), which would have mosaic tiles on them was shown. • Question asked regarding the paint fading, Suzi stated that it is not paint on it; it is a glaze that is fired and will not fade. • Question asked, what size would you make the wall if you did not have to include the building of the wall in the art budget, Suzi replied a couple feet bigger. Figures in the mosaic would not be life size because the mosaic is only 5 feet tall. • Janice Rustin questioned as to who painted the image in the 11 x 17 example she provided; • Suzi stated that it is actually a photograph she painted over and that she does a lot of cut and pasting. • Discussion took place as to whose work it was, who the photographer is, and copyrights. • Suzi stated that she only uses the image as a reference. • Suzie stated, "That she painted over this, changed the colors, brightened it. Looked on line and saw what the uniforms look like for the Delray Fire Department and I made these uniforms look like the Delray Fire Department uniforms. The original photograph didn't have these color uniforms." Cecilia Lueza and Rick Munne presented their design for the project. • Their sculpture for in front of the Fire Station would be made out of welded aluminum tubing of different diameters, heights and widths (samples shown). • The sculpture is a silhouette of a firefighters head with helmet, with eye - catching colors to bring attention to the location. • The surface is sanded to create a mechanical bond with the paint. It is not rough. Public Art Advisory Board April 22, 2013 Page 3 • The paints used are made in Germany, extremely high quality acrylics made for the outdoors, forever and ever. • It is finished off with a clear coat, of a glossy clear coat polyurethane finish. • Maintenance free. • The piece itself is 6 feet, and the pedestal of about 2 feet, plus the mounting tubes makes the piece approximately 10 1/2 - 12 feet up in the air. • Question was asked how to be placed; it would be diagonally facing southwest. • The view from all sides is the same, double sided. • It is voluminous; placed so that you can see it from further down the street. • This is the idea of the concept and they would work with committee and are open to suggestions of modifications. • Question asked about the open ends of the sample of aluminum pieces shown and Rick sated that the ends of the aluminum will be capped off. He is a general contractor, so he thinks a lot about that aspect and ADA. • Question regarding height of base and ability for climbing the structure. Rick explained that it is open air, but it can be closed. • Questions regarding the finish as to whether it was vulnerable to anybody scratching or marking. Graffiti wise it can be cleaned off easily, as it has the clear coat, anti - graffiti finish. Scratches can be made by them fixing, or let our public works have the paints. • The colors /paint used are mind blowing especially at night, almost fluorescent. • Question asked regarding Florida's winds and how the piece would withstand these. Rick stated that it could be made so that the city can remove it if needed. Also, if selected he would run a wind load calculations on it and if needed would make changes to the design (thicker to accommodate wind load) at no charge. • Mark Fuller presentation (not present) • A phone call was made to Mr. Fuller as he was not at the meeting at his scheduled time. Mr. Fuller stated that there had been an emergency and he was unable to get his stuff together and attend the meeting. • Discussion took place as to how to proceed with the situation. • Carolyn Pendelton- Parker made a motion to give Mr. Fuller a week to reply if he is going to present, then schedule a second meeting. Sandi Franciosa seconded. All in favor. • Janice is going to check the RFP for how we are to proceed. • Please remember not to discuss this with each other. 2. Approval of Minutes - Sandi Franciosa made a motion to approve the minutes of March 18, 2013 meeting. Kevin Rouse seconded. All approved. 3. Banner (NW Corner of NW 8th (Avenue and West Atlantic Ave.) — Samuel Spears • This is a CRA Construction Site, which previously contained a gas station. Public Art Advisory Board April 22, 2013 Page 4 • This site will be under work for at least the next two years and they were looking for a way to make the black mesh fence more appealing. • When WARC was given this project, Mr. Spears was working at the Milagro Center, and he coordinated an effort with the Center for a project to highlight the student's artwork and pictures of the children. (Examples were shown of the artwork.) • It is a donation and the CRA is paying for the materials. • The Center has signed releases for those in the photos. • Four — 5' x 30' banners would be put at this location, actually pictures and photo printed on the mesh and attached to the mesh that is there. • Sandi Franciosa made a motion to accept the banner proposal presented. Carolyn Pendelton- Parker seconded the motion. All in favor. 4. Art Donation Offer — "An Honest Reflection " • Discussion took place regarding the answers that Kenza Ayed provided to the questions we asked of her regarding the piece that she would like to donate to the City of Delray Beach. • Sandi Franciosa made a motion to decline the offer of the donation of "An Honest Reflection" as it had too many questionable /stipulations with the donation. Carolyn Pendelton- Parker seconded the motion. All in favor. 5. Maintenance of Knowles Park — Painting of Knowles Knot • Three quotes from vendor's (names from finance) received and distributed to the board. • Hoffman Companies of PB, Inc. — $1,150 • Scollo Painting Inc. —$650 • Eagle Painting — $220 • Jerry Rabinowitz is waiting for the artist to get back with him in regards to his recommendations. • Once Jerry hears from the artist, he will contact the vendors and discuss what the artist says and if it affects their quotes, which he will bring back to the next meeting. • Carolyn Pendelton- Parker made a motion to have this project finished /repainted to the artist's satisfaction in two months. Kevin Rouse seconded the motion. All in favor. NEW BUSINESS: 1. Sherry Dungey reported that Venice Cobb contacted her to let the PAAB know that the appointing of a new member to the PAAB has been delayed until the May 7, 2013 Commission meeting, as Al Jacquet was not in attendance at the last meeting. 2. Carolyn Pendelton- Parker mentioned the maintenance issues at Ida's Cool Spot. • The surrounding neighborhood group is in the process of a donation collection and garden ideas. A plan was shown of what the new design will look like, which is simplified from the previous garden design. Public Art Advisory Board April 22, 2013 Page 5 • Discussion took place as to the maintenance issues being addressed in the new plantings and design and irrigation issues. • It was noted that this item was tabled until the May PAAB Meeting due to the Call to Artists being a large item on this month's agenda. Tim Simmons, Parks Maintenance was invited to the May meeting to provide input and to help with how the project is to proceed. 3. Master Art Plan — • Discussion took place as to the progress of the Master Plan, and who is overseeing Elayna Toby Singer to assure that she is hitting the mark of the $25,000 she is being paid. • Elayna is scheduled to come to the May meeting to update us on the progress of the Master Plan. 4. Agendas — • The May meeting with have the PAAB map /postcard on the agenda. • The June meeting will have Public Artwork/Sculpture location transfers ADJOURNMENT: There being no further business, the meeting was declared adjourned at 7:45 p.m. The undersigned is the Executive Assistant to the Parks and Recreation Director and the information provided herein are the minutes of the meeting of said Public Art Advisory Board of March 18, 2013, which minutes were formally approved and adopted by the Board on Linda Karch /Board Liaison 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 Public Art Advisory Board. They will become official minutes only after review and approval, which may involve some amendments, additions or deletions. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Louis Chapman Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MAY 7, 2013 WAIVER REQUEST/ HYATT PLACE DELRAY BEACH ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation associated with a proposed standalone bar within the Hyatt Place Delray Beach project: 1. A waiver to LDR Section 4.3.3(V)(2)(c)(1), which allows a written request to establish a stand -alone bar to be valid for a period not to exceed 6 months. As the interior of the tenant space has not been constructed and the stand alone bar not established, a waiver to this time frame is requested to October, 2013. BACKGROUND On September 20, 2011, the City Commission approved the request for a standalone bar to be located in the commercial tenant space at the northeast corner of the Hyatt Place Delray Beach hotel, with frontage on Pineapple Grove Way. A waiver request was approved to permit the location within the hotel to be utilized as a standalone bar with an extension of the time frame to establish it 60 days after issuance of the Certificate of Occupancy of the Hyatt Place Delray Beach hotel, or [no later than] December, 2012. The intention is to develop the 2,100 sq. ft. area as a retail wine shop that has self - service wine dispensers which will permit tasting of wines prior to purchase. Since larger quantities can be dispensed and consumed on premises, the space is classified as a standalone bar. The applicant began the building permit process and requested an extension (via a waiver) to implement the proposed improvements. The City Commission approved an extension of the time frame at its meeting of December 12, 2012, which extended the time to establish the bar till April 12, 2012. The applicant has started the interior build -out of the tenant space. However, the applicant was unsuccessful in completing the work prior to the April expiration. A request was submitted by the applicant on March 18, 2013 to extend the approval for six months in order to allow sufficient time to complete the build -out of the tenant space while maintaining priority to establish a bar at this location. If approved, the revised expiration date would be October, 2013. Per LDR Section 4.3.3(V)(2)(c)(2), if the standalone bar is not established within 60 days after notification by the City, the person or entity who files a submission next in time and date has the opportunity to establish a standalone bar use. Persons or entities that fail to establish the stand alone bar use in accordance with LDR Section 2.4.4 (D) within the sixty (60) day period shall not have any further priority to establish the stand alone bar use; and the submission shall then be deemed void unless no other persons or entities have filed a submission, wherein a longer time to establish the use may be permitted upon request. It is noted that since the initial approval of the subject standalone bar, no applications have been made within 750 feet of this request. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a fording 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. The applicant has provided the following verbatim justification with regard to the waiver request: "...The construction plans were submitted for building permit on January 28, 2013 and are still being processed. We have signed a construction contract and will start work as soon as the permit is issued. However, due to the fact that construction will not be completed by the April, 2013 date, I request a 6 month extension." RECOMMENDATION City Commission Discretion 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 HYATT PLACE DELRAY BEACH 1. This waiver request came before the City Commission on May 7, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Hyatt Place Delray Beach. 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 to LDR Section 4.3.3(V)(2)(c)(1) Pursuant to LDR Section 4.3.3(V)(2)(c)(1), a written request to establish a stand -alone bar will be valid for a period not to exceed 6 months. The applicant is asking for a waiver to allow an extension of the time frame from April, 2013 to October, 2013. Should the waiver to Section 4.3.3(V)(2)(c)(1) 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 1 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of May 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor Mr. Paul Dorling tMAR Plann ing Director 2013 City of Delray Beach PLANNING & ZONING J1 307 N2 Wine Bar at The Hyatt Place, Stand Alone Bar Approval Mr. Dorling: This letter is a request for a waiver to extend the time frame for my stand alone bar approval at Hyatt Place granted per LDR Section 4.3.3V2C. My current approval expires April, 2013. The construction plans were submitted for building permit on January 28, 2093 and are still being processed. We have signed a construction contract and will start work as soon as the permit is issued. However, due to the fact that construction will not be completed by the April, 2013 date, i request a 6 month extension_ Thank ou. onald L. Voss, 111 Managing Partner, N2 Wine Bar 320 Beverly Drive Delray Beach, FL 33444 561 -860 -0303 > Q L Q J N.W. 3RD Cl TY A TTORNEY BUILDING MARTIN LUTHER Cl TY HALL COMMUNI TY CEN TER TENNIS STADIUM ST. N. E. 0 Z N ST. 0 M SUBJECT PROPERTY PLANNING AND ZONING 0 AT PINEAPPLE GROVE 2ND DEPARTMENT LOCATION MAP KING L) H JR.DR. N. E. W r Z W > Q z N. E. N.W. 1ST ST. OLD SCHOOL SQUARE A T L A N T I C SOU TH COUNTY COURT HOUSE Q 0 Z N S. W Cn =7 w w Q Q z ro z 3RD ST 1ST ST. — S.E. F-1 �� 11 Lj a z N w C/) 1ST N. E. ■ �]S I Ln w z Lj 0 Z N ST. 0 M SUBJECT PROPERTY PLANNING AND ZONING 0 AT PINEAPPLE GROVE 2ND 1ST ST. — S.E. F-1 �� 11 Lj a z N w C/) 1ST N. E. ■ �]S I Ln w z � z O m O IDz� A V E N U E 11 17 Li Q w cri Q FIDELITY FEDERAL BANK Lj HYATT PLACE r 0_ LLJ 0 w Li SUBJECT PROPERTY PLANNING AND ZONING 0 AT PINEAPPLE GROVE DEPARTMENT LOCATION MAP L) H � z O m O IDz� A V E N U E 11 17 Li Q w cri Q FIDELITY FEDERAL BANK -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1248_Hyatt Place at Pineapple Grove N HYATT PLACE SUBJECT PROPERTY PLANNING AND ZONING 0 AT PINEAPPLE GROVE DEPARTMENT LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1248_Hyatt Place at Pineapple Grove MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: April 22, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MAY 7, 2013 WAIVER REQUESTS/ COMMUNITY REDEVELOPMENT AGENCY: 46 S.W. 9TH AVENUE ITEM BEFORE COMMISSION Consideration of two waivers to Land Development Regulation (LDR) Sections 4.6.9(D)(3)(b) and4.6.9(1))(4)(d) in connection with the 46 SW 9th Avenue CRA Parking Lot, regarding the required width of the point of access to the street of a parking lot driveway; and the required drive aisle width containing perpendicular parking. The property is located on northwest corner of SW 9th Avenue and SW 1 st Street (46 SW 9th Avenue). Waiver #1• A waiver request to LDR Section 4.6.9(D)(3)(b) to reduce the width of the point of access for a parking lot driveway from the required 24' to the proposed 22' adjacent to SW 10th Avenue. Waiver #2• A waiver request to LDR Section 4.6.9(D)(4)(d) to reduce the drive aisle width with perpendicular parking from the required 24' to the proposed 22' adjacent to SW I O�hAvenue. BACKGROUND On March 27, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan and Landscape Plan associated with the construction of a 40 -space parking lot along with three parallel parking spaces on the west side of SW 9th Avenue. This development approval included two waivers both of which received a recommendation of approval. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waivers #1 and #2 FindingsAnalysis: The applicant has provided the following justification with regard to these waiver requests: "..The City of Delray Beach Community Redevelopment Agency (CRA) respectfully requests a waiver to LDR Section 4.69 minimum drive aisle width associated with the proposal to construct a 45 space public parking lot and pocket park to be located at the northwest corner of SW 9th Avenue and SW I St Street within the Southwest Neighborhood Redevelopment Area. The project includes landscaping, irrigation and City standard decorative site lighting, installation of a bike rack and trash receptacle. Also proposed is a park area with a pedestrian walking path, adult exercise equipment and children's play equipment. The parking lot is T- shaped and divided into three (3) parking areas. The parking area adjacent to SW 9th Avenue and SW 1St Street comply with the required 24' drive aisle width. However; the parking area adjacent to SW 10th Avenue provides a 22' drive aisle. The proposal is to provide a 43 -space public parking lot to serve the adjacent Palm Manor Apartments and the surrounding Southwest neighborhood.. ". In order to accommodate a single- loaded parking tier (minimum 42' in width) and comply with the required 5' wide perimeter landscape strips (10' total) a lot width of 52' is required. As the property along SW 10th Avenue is only 50' wide, waivers from LDR Sections 4.6.9(13)(3)(b) and 4.6.9(13)(4)(b) are required to reduce the driveway and drive aisle widths from the required 24' to to the proposed 22' in order to maximize parking. The proposed waivers will not adversely affect the neighboring area and will certainly enhance the provision of public facilities by providing needed parking for the community. The proposed parking lot design will not impede the ability for vehicles to adequately navigate the site and will provide sufficient back -out maneuvering area for vehicles. Further, the waivers will not result in special privilege as similar waivers have been granted under similar circumstances in the past, most recently for the CRA's public parking lot located at 57 SW 5th Avenue. Based upon the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5). REVIEW BY OTHERS The Site Plan Review and Appearance Board ( SPRAB) reviewed the waiver requests at their meeting of March 27, 2013 in conjunction with review of the proposed 46 SW 9thAvenue CRA Parking Lot. After a brief discussion, the Board moved a recommendation of approval of the two waivers on a unanimous vote of 7 -0. A detailed description and analysis of the proposal is contained within the attached SPRAB staff report March 27, 2013. RECOMMENDATION Waiver #1• Move approval of the waiver request to LDR Section 4.6.9(13)(3)(b), to reduce the width of the parking lot driveway from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW 10th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. Waiver #2• Move approval of the waiver request to LDR Section 4.6.9(D)(4)(d), to reduce the drive aisle width from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW I O hAvenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION REGARDING THE WAIVER REQUESTS FOR COMMUNITY REDEVELOPMENT AGENCY'S PARKING LOT 1. These waiver requests came before the City Commission on May 7, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission for the consideration of two waivers in connection with the 46 SW 9th Avenue Community Redevelopment Agency Parking Lot. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to Reduce the Width of the Point of Access to the Street of the Parking Lot Driveway Pursuant to LDR Section 4.6.9(D)(3)(b) the point of access to a street or alley shall not be less than 24' for a parking lot driveway aisle. The Applicant has requested to reduce the width of the point of access to the street of the parking lot driveway from the required 24' to the proposed 22' for the portion of the parking lot located adjacent to SW 10th Avenue. Should the waiver to reduce the width of the point of access to the street of the parking lot driveway from the required 24' to the proposed 22' for the portion of the parking lot located adjacent to SW 10th Avenue be granted? Yes No 1 B. Waiver to Reduce the Drive Aisle Width with Perpendicular Parking Pursuant to LDR Section 4.6.9(D)(4)(d) the required width of a drive aisle with perpendicular parking is 24'. The Applicant has requested to reduce the drive aisle width with perpendicular parking from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW 10th Avenue. Should the waiver to reduce the drive aisle width with perpendicular parking from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW 10th Avenue 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 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. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of May, 2013, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: March 27, 2013 ITEM 46 SW 9th Avenue CRA Parking Lot Class V Site Plan, Landscape Plan and Waiver Request associated with the construction of a 40 -space pervious paver block parking lot and 3 off - street parallel spaces along SW 9th Avenue; and a public park which includes decorative lighting, landscaping, a bike rack, a jogging trail, and a trash receptacle. GENERAL DATA: Applicant ....................... Agent......... ............................... Location .... ............................... Property Size ............................ Future Land Use Map ............. Current Zoning .......................... Adjacent Zoning ..............North: East: South: West: Existing Land Use ..................... Proposed Land Use .................. Water Service ........................... Sewer Service ........................ Delray Beach Community Redevelopment Agency Vince Wooten Northwest corner of SW 9" Avenue and SW 1 St Street (46 SW 9th Avenue). 0.6754 Acres MD (Medium Density 5 -12 du/ac) RM (Multiple Family Residential RM (Multiple Family Residential RM (Multiple Family Residential RM (Multiple Family Residential RM (Multiple Family Residential Vacant Parking Lot and Playground The property is currently served by a 8" water main located along SW 9th Avenue r -o -w. Adequate fire suppression will be provided via an existing fire hydrant located at southeast corner of SW 9th Avenue and SW 1St Street. While sewer service is not necessary for the proposed parking lot, there is an existing 8" sewer main along the SW 9tr, Avenue if service were needed at some time in the future. L o F r4'gY 6�P ■ i ITEM BEFORE THE BOAR[ The action before the Board is approval of a Class V site plan request for the 46 SW 9TH Avenue CRA Parking Lot pursuant to LDR Section 2.4.50}. The request involves the following elements: 171 Site Plan; and O Landscape Plan; The property is located at the northwest corner of SW 9th Avenue and SW 1St Street (46 SW Stn Avenue). BACKGROUND The property consists of Lots 13, 22, 23 and 24, Block 1, Plat of Belair Heights as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County and contains 0.6754 acres. The property is currently a vacant unimproved parking area. The action now before the Board is approval of the site plan. - PROJECT DESCRIPTION The development proposal incorporates the following: • Construction of a 40 -space parking lot (which includes 2 ADA parking spaces), along with three parallel parking spaces on the west side of SW 9th Avenue; • Installation of paver blocks within the parking lot surface; • Construction of a roundabout with landscape islands and new 5' wide concrete sidewalks at the intersection of SW 9th Avenue and SW 1St Street, • Construction of a 5' wide concrete sidewalk along SW 9th Avenue and SW 1St Street; • Construction of a public park on the southeast corner of the site which will include a jogging /walking trail, exercise stations, playground area for children, a bike rack, and two trash receptacles. • Installation of a 4' -2" high metal picket fence around the perimeter of the public park; • Installation of nineteen (19) decorative light poles and fixtures within the parking lot and public park area; • Installation associated landscaping. The Class V site plan application also includes the following waiver requests: SPRAB Staff Report; Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 91" Avenue CRA Parking Lot Paoe 2 Pursuant to LDR Section 4.6.9(D)(3)(b), the point of access to a street or alley shall not be less than 24' for a normal two -way private street or parking lot driveway aisle. In addition, LDR Section 4.6.9(D)(4)(d) requires a 24' wide driveway aisle width with perpendicular parking. Thus, the following waiver requests are included in the project: Waiver #1: A waiver request to LDR Section 4.6.9(D)(3)(b) to reduce the width of the point of access to the street of the parking lot driveway from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW 10tt' Avenue. Waiver #2: A waiver request to LDR Section 4.6.9(D)(4)(d) to reduce the drive aisle width with perpendicular parking from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW 10th Avenue. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. Lighting: Pursuant to LDR Section 4.6.8(A)(3) Table 2, the maximum Foot Candle (FC) for a parking lot associated with a multiple family residential area is 4.0 FC with a minimum illumination level of 0.3 FC (one purpose of the parking lot is to serve as guest parking /overflow for the recently renovated residential development to the east across SW 9th Avenue). A site lighting and photometric plan has been provided to ensure compliance with LDR Section 4.6.8. There will be 19 light poles appropriately distributed along the three parking areas and the proposed park. A detail of a typical light pole has been provided. The maximum and minimum Foot Candle (FC) illumination levels required by the Land Development Regulations (LDR) have been provided, and thus, this LDR requirement has been met. Open Space: Per LDR Section 4.4.28(F)(1), a minimum of 25% of non- vehicular open space is required in the RM (Residential Medium Density) zoning district. The proposed parking lot complies with this requirement since 25.81% non - vehicular open space is provided. Vehicular Stacking Distance: Provisions must be made for stacking and transition of incoming traffic so that traffic may not backup into the adjacent public right -of -ways. LDR Section 4.6.9(D)(3)(c)(1) requires that the minimum stacking distance between the adjacent street right -of -way and the first parking space in a parking lot with 21 to 50 parking spaces shall be twenty feet (20'). The three access SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 9`h Avenue CRA Parking Lot Page 3 driveways to the proposed parking lot show a staking distance of 20' feet, and thus, this LDR requirement has been met. Driveway Aisle Width Waiver Request - Parking Lot Area Adjacent to SW 10th Avenue: Pursuant to LDR Section 4.6.9(D)(3)(b), the point of access to a street or alley shall not be less than 24' for a parking lot driveway aisle. In addition, LDR Section 4.6.9(D)(4)(b) requires a 24' wide driveway aisle width with perpendicular parking. The applicant is requesting a waiver to reduce the drive aisle width with perpendicular parking from the required 24' to the proposed 22' for the portion of the parking lot located adjacent to SW 10th Avenue, and to reduce the point of access to a street or alley for a parking lot driveway from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW 10th Avenue. Waiver - Findings Analysis: Pursuant to LDR Section 2.4.7(B) (5) Findings: 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. The applicant has provided the following statement for the waiver request: ".. The City of Delray Beach Community Redevelopment Agency (CRA) respectfully requests a waiver to LDR Section 4.6.9 minimum drive aisle width associated with the proposal to construct a 45 space public parking lot and pocket park to be located at the northwest corner of SW 9th Avenue and SW 'st Street within the Southwest Neighborhood Redevelopment Area. The project includes landscaping, irrigation and City standard decorative site lighting, installation of a bike rack and trash receptacle. Also proposed is a park area with a pedestrian walking path, adult exercise equipment and children's play equipment. The parking lot is T- shaped and divided into three (3) parking areas. The parking area adjacent to SW 9th Avenue and SW 1St Street comply with the required 24' drive aisle width. However, the parking area adjacent to SW 10th Avenue provides a 22' drive aisle. The proposal is to provide a 43 -space public parking lot to serve the adjacent Palm Manor Apartments and the surrounding Southwest neighborhood..". In order to accommodate a single - loaded parking tier (minimum 42' in width) and comply with the required 5' wide perimeter landscape strips (10' total) a lot width of 52' is necessary. As the property along SW 10th Avenue is only 50' wide, waivers from LDR Sections 4.6.9(D)(3)(b) and 4.6.9(D)(4)(b) are required to reduce the driveway and drive aisle widths from the required 24'to to the proposed 22' and maximize the parking. SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 9�h Avenue CRA Parking Lot Page 4 The proposed waivers will not adversely affect the neighboring area and will enhance the provision of public facilities by providing needed parking for the community. The proposed parking lot design will not impede the ability for vehicles to adequately circulate on the site and will provide sufficient back -out maneuvering area for vehicles. Further, the waivers will not result in special privilege as similar waivers have been granted under similar circumstances in the past, most recently for the CRA's public parking lot located at 57 SW 5th Avenue. Based upon the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5). Parking Lot Area Adjacent to SW 1st Street: Pursuant to LDR Section 4.6.9(D)(3)(b), the point of access to a street or alley shall not be less than 24' for a parking lot driveway aisle. In addition, LDR Section 4.6.9(D)(4)(b) requires a 24' wide driveway aisle width with perpendicular parking. It is note that the driveway aisle width for the portion of the parking lot located adjacent to SW 1st Street is required to be 24' wide while only 22' is being provided. A condition of approval is being attached that the portion of the parking lot located adjacent to SW 15t Street must be reconfigured to provide a driveway aisle width of 24'. Other Issues: Right -of -Way Dedication: Alley: Pursuant to LDR Section 5.3.1(D) (2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right -of -way width may be required to promote public safety and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer. The authority for requiring such additional right -of -way shall rest with the body having the approval of the associated development application. The existing west alley right -of -way width is 16'. The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with other redevelopment proposals located in the RM District. Therefore, a dedication of two feet (2') from the subject property is required and has been depicted on the engineering plan. The 2' r -o -w dedication to the west alley shall be depicted on the site plan, and must be executed via a deed agreement between the property owner and the City. Such agreement must be recorded with Palm Beach County prior to site plan certification, and thus, this is attached as condition of approval. Crime Prevention Through Environmental Design - CPTED: Lighting: Lighting strategies are important for two reasons: First, they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. The photometric study indicates that the lighting will provide sufficient illumination for the parking lot and park area. The lights used should be LED, as they provide the best light with the least amount of glare. Wire cages or industrial strength shatter resistant lenses should be placed over the light to deter vandalism and lights should be positioned to avoid glare areas and blind spots. SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 9th Avenue CRA Parking Lot Page 5 Natural Access Control: Natural Access Control involves the use of mechanical, organizational, or natural measures to deny access to crime targets. Natural Access Control involves the use of doors, gates, locks and bollards. It is imperative that access to this park be restricted during evening hours. Closing and locking gates should be at all entrances to the park and they should be secured at dusk. Due to the facts listed below in the safety /security section, gates are a necessity. Safety /Security: This is a historically high crime area. In the last year, the Delray Beach Police Department has responded to the area of SW 9th Avenue and SW 1st Street a total of 23 times for part one crime (i.e. burglary, robbery, sexual battery, etc.); and 14 times for narcotic related offenses. These figures are high and only include statistics for the specific area in question, not the surrounding areas. A similar park has been built recently in the neighborhood and there are several issues the Police Department is dealing with at that particular park. The Police Department has received complaints from residents that there have been night time narcotics sales, fights, dealers storing narcotics in some of the playground equipment and drug dealers tying up pit bulls near the gates to keep normal users from entering the park. The residents in the area have stated they are "scared" and the Police Department is currently devoting extra resources and manpower to deal with the problem. For these reasons it is extremely vital that ALL the above recommendations are met for the proposed Park. Technical Items: While the revised site plan have accommodated most of the staff concerns, the City Engineer's Office has not yet performed its final review of the project, and thus, the following item may remain outstanding, and will need to be addressed prior to issuance of a building permit unless otherwise noted: Final Engineering Comments: 1. Provide a Building Permit Number issued by the City of Delray Beach Building Permit Department for Final Engineering review. 2. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plan sheet number for accurate review. 3. Provide a copy of the approved and certified Site Plan with the Director of Planning and Zoning signature. 4. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Engineering Plans. Indicate double stripping at parking spaces on plan view. 5. Provide detail sheet with City of Delray Beach current Standard Construction Details as applicable. Details can be found on the City's webpage at http: / /www.mVdelraybeach.com go to Departments, Environmental Services, then Standards and Details 2008. 6. Provide a Pollution Prevention Plan. Provide location, installation and maintenance details for pollution control measures to be utilized prior to and during all construction SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 91h Avenue CRA Parking Lot Page 6 activities as required per LDR Section 4.6.17. Provide City Standard Details D 9.1 thru D 10.1 on plans. 7. Additional Final Engineering comments may be generated after submittal of Final Engineering Plans (Construction Plans) through the Building Permit Department. 8. For Final Engineering Review, ensure one set of revised Engineering Plans and any required documentation is provided for the Engineering Division with submittal to the Building Permit Department. Therefore, submit three (3) set of plans to the Building Permit Department. Please indicate which documents are for the Engineering Division. LANDSCAPE ANALYSIS The City's Senior Landscape Planner has reviewed the proposed landscape plan and found that it complies with LDR Section 4.6.16. The proposed landscaping material for the landscape islands and parking lot includes Allspice trees, East Palatka Holly, Bridal Veil trees, Coconut Palm trees, and Sabal Palm trees. The under planting for the landscape islands and parking lot will consist of a Podocarpus hedge, Dwarf Firebush, Wart Macho Fern and.Spanish Stopper (along the west side of the alley r -o -w). Foxtail and Montgomery Palms have been included within the park play area. The applicant has indicated that Lacy Bridal Veil trees have been specified in the parking islands to allow the site lighting to spread throughout the area at night. Orange Fire Bash will provide a colorful edge to the North side of the site with Native Live Oak trees planted along this perimeter to screen the parking lot from the neighboring residential area. Within the roundabout, a Sylvester Date palm tree is proposed with colorful orange Bromeliads surrounding its base. The tot lot fence is surrounded by low ground covers to ensure police surveillance and visibility of the space at all times. The proposed public park landscape material will include two Coconut Palm trees, with under planting of 400 sq. ft. of Wax Jasmine along the north and west side of the park and 412 sq. ft. of Wart Fern along the east and south side of the park to screen the proposed 4' -2" high metal picket fence. Based on the above analysis, positive findings can be made with respect to LDR Section 4.6.16. Landscape Technical Items: While the revised landscape plan have accommodated most of the staff concerns, the City Landscape Senior Planner has not yet performed its final review of the project, and thus, the following item may remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1. Pursuant to LDR 4.6.16(H)(4)(o), all mechanical equipment and refuse areas are required to be screened with plant material sized according to the height of the item to be screened. In most cases, this height will be equal to half of the overall height of the item to be screened. However the minimum height is at least five feet (6) planted. Adjust plans and specifications. 2. Per LDR4.6.16(H)(3)(h), All landscape islands are required to contain a minimum of seventy -five (75 SF) square feet of shrubs and groundcovers. Shrubs shall be placed at SPRAB Staff Report: Meeting of March 27, 2613 Class V Site Plan and Landscape Plan, for 46 SW 9th Avenue CRA Parking Lot Paae 7 the back of the island with low groundcovers in the nose to eliminate sight visibility issues. 3. Per LDR 4.6.16(H)(4)(n), all existing soil within landscape areas adjacent to vehicular use areas is required to be removed (to 30" below grade), inspected and then replaced with a sixty to forty (60140) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by the Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). 4. Per LDR 4.6.16(H)(3)(d), a two foot (2') continuous hedge along with trees spaced no farther than thirty feet (30') on center is required within the five foot (5') landscape buffer. The proposed wart fern shall be reduced in size at the north end of the alley to allow for the proposed Fire -bush to run continuously through this buffer. 5. Per LDR 4.6.16(11)(3)(i), landscape islands are required to have a minimum width of nine feet (9'), exclusive of curbing with a minimum planting area of one hundred and thirty -five square feet (135 SF). These islands are also required to contain one (1) shade tree that is at least sixteen feet (16') in height. Several islands do not meet the required width nor do they contain shade trees. Palms do not count as shade trees. Typical shade trees include Live Oak, Gumbo Limbo, Mahogany, etc. 6. All required trees must be a minimum of sixteen feet (16') in height. 7. The plant list is incomplete. Include all relevant specifications for the proposed plant material. 8. The landscape calculations are also incomplete. Determine all quantities and update the numbers. 9. A Beautification project is in the works for SW 2nd Street that includes the installation of round -a -bouts and associated plant material. These plans called out for Copernicia baileyana in the round -a- bouts. Switch the proposed Cliff Date palm to a Copernicia baileyana to keep a consistent theme. 10.Additional trees should be added within the perimeter of the playground, adjacent to SW 9th Avenue and SW 1St Street. Much needed canopy and shade is needed in these areas as well as for the users of the park. 11. It is strongly suggested to switch the proposed Wart Fern along the perimeter fence around the park to a small hedge that is low maintenance and is much harder. Podocarpus `pringles' is a very durable, low- maintenance hedge that will look very nice next to the proposed fence. REQUIRED FINDINGS (Chapter U Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 9tt' Avenue CRA Parking Lot Page 8 development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of MD (Medium Density 5 -12 units per acre) and is zoned RM (Medium density Residential). The RM zoning district is consistent with the (MD) Future Land Use Map designation. Pursuant to 4.4.6 (13)(3), stand alone public parking lots can be permitted in the RM zoning district when they are associated with an adopted neighborhood or redevelopment plan. The Southwest Area Neighborhood Redevelopment Plan was developed to provide a blueprint for the revitalization and stabilization of Southwest Delray Neighborhoods. A total of sixteen neighborhoods are encompassed within the study area. For planning purposes the Southwest Area Redevelopment Plan divided the study area into five subareas: 1. Northwest Quadrant This sub -area encompasses the northwestern section of the study area, extending from I- 95 to 8th Avenue, and from Atlantic Avenue to SW 3rd Street. 2. Frog Alley The planning boundaries of this sub -area extend from 4th Avenue to 6th Avenue, and from Atlantic Avenue to SW 4th Street. 3. Village Center This sub -area links the public service and education facilities within a "service corridor" that extends from SW 3rd Street to SW 10th Street. Agencies currently based within the corridor include MADD DADS, the Full Service Center, the Village Academy, the Boys and Girls Club, Head Start, the Delray Beach Housing Authorities, and other service providers that have satellite operations in the area. 4. Industrial Corridor This subarea is zoned for light industrial uses and extends from 1 -95 to 13th Avenue, and from SW 7th Street to SW 10th Street; and the 5. Infill Area This sub -area includes all of the land area not included in the above sub -area and represents the majority of the study area's land mass. The proposed parking lot is associated with the Northwest Quadrant subarea of the Southwest Area Redevelopment Plan and will serve the parking needs of the neighborhood while attending the parking demand generated by the adjacent residential units located along SW 9th Avenue. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 9th Avenue CRA Parking Lot Paae 9 Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Qbiective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is vacant and contains an unimproved parking area. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding residential and commercial developments and provide parking opportunities for the adjacent residential units located across the street along SW 9th Avenue and SW 10th Avenue, as well as businesses and customers in the near -by area of West Atlantic Avenue. It is noted that the Southwest Area Neighborhood Redevelopment Plan states as part of its findings that vacant lots along the west side of SW 9th Avenue between SW 1st Street and SW 2nd Street should be considered for development of a public infrastructure parking lots with distinguished landscape features. The proposed public park and roundabout are distinguished landscape features consistent with this requirement of the Southwest Area Neighborhood Redevelopment Plan Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings) The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north, south, east and west by RM zoning. The area north of the parking section accessed from SW 10th Avenue is zoned CBD (Central Business District). The surrounding uses are a single family unit abutting the north and south property lines, with a multiple family residential development across SW 9th Avenue r -o -w to the east, and SPRAB Staff Report: Meeting of March 27, 2013 Glass V Site Plan and Landscape Plan, for 46 SW 91h Avenue CRA Parking Lot Page 10 a parking lot associated with St. Paul Missionary Baptist Church to the west property line across the west alley r -o -w. The proposed parking lot is associated with the Northwest Quadrant subarea of the Southwest Area Redevelopment Plan and will serve the parking needs of the neighborhood while attending any overflow parking generated by the adjacent residential and nearby merchants areas. The Southwest Area Redevelopment Plan states as part of its findings the need to "....Incorporate the proposed parks and green spaces, and other infrastructure improvements into current and long -range City department plans and budgets ". The plan also emphasizes the need to: "...... Redevelop the northwest quadrant of the study area (1 -95 to 8th Avenue / Atlantic Avenue to 3rd Street) with a neighborhood serving commercial activity center along Atlantic Avenue, and a mixture multi - family housing (apartments /townhomes), single family homes, and distinguished green spaces ". As noted previously, the Southwest Area Neighborhood. Redevelopment Plan has identified a need for public parking in the area to serve the neighboring uses. The proposed parking lot and public park will be an asset to the adjacent residential and commercial uses and will not cause a depreciation of property values. REVIEW BY OTHERS West Atlantic Area Review Committee (WARC): At its meeting of March 13, 2013, the WARC Committee reviewed the proposed parking lot and recommended approval of the project. The Community Redevelopment Agency: The 46 SW gth Avenue parking lot is an initiative of the Community Redevelopment Agency (CRA) in its effort to incorporate newly proposed infrastructure improvements into current and long -range City department plans and budgets. The CRA recognizes the need for public parking and distinguished green open spaces in the northwest quadrant study area (1 -95 to 8th Avenue/ Atlantic Avenue to 3 Street) of the Southwest Area Neighborhood Redevelopment Plan. Thus, the proposed parking lot and public park is a project by the CRA and is a project that will be built by the CRA. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: • Neighborhood Advisory Council, • Atlantic Park Gardens • Delray Citizens Coalition SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 91h Avenue CRA Parking Lot Page 11 Any letters of support or objection will be presented at the SPRAB meeting. ASSESSMENT AND CONCLUSION The proposed parking lot and public park are associated with the Northwest Quadrant subarea of the Southwest Area Redevelopment Plan and will serve the parking needs of the neighborhood as well as the recreational needs of the area, while attending any overflow parking generated by the adjacent residential units located across the street along SW 9th Avenue and nearby merchant areas. The proposed parking lot and Public Park will be an asset to the neighbors and the community as a whole. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. ALTERNATIVE ACTIIONS A. Postpone with direction. B. Move approval of the waiver requests and Class V site plan and landscape plan for the 46 SW 9th Avenue CRA Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the waiver requests and Class V site plan and landscape plan for the 46 SW 9th Avenue CRA Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations. ''STAFF RECOMMENDATION- By Separate Motions: Waiver #1: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.9(D)(3)(b), to reduce the width of the point of access to the street of the parking lot driveway from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW 10th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 9`h Avenue CRA Parking Lot Pacte 12 Waiver #2: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.9(D)(4)(d), to reduce the drive aisle width with perpendicular parking from the required 24' to the proposed 22' for that portion of the parking lot located adjacent to SW 10t Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. Site Plan: Move approval of the request for a Class V site plan for the 46 SW 9th Avenue CRA Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing the Site and Engineering Plan Technical Comments as indicated in the staff report, and the listed conditions; 2. It is recommended that lights used should be LED and that industrial strength shatter resistant lenses should be placed over the light to deter vandalism; 3. That access to the park must be restricted during evening hours. Closing and locking gates need to be provided at all entrances to the park and they must be secured at dusk; 4. That the portion of the parking lot located adjacent to SW 1St Street must be reconfigured to provide a driveway aisle width of 24'; and 5. That 2' r -o -w dedication to the west alley shall be depicted on the site plan, and must be executed via a deed agreement between the property owner and the City. Such deed agreement must be recorded with Palm Beach County prior to site plan certification. Landscape Plan: Move approval of the request for a landscape plan for the 46 SW 9th Avenue CRA Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) (5), 4.6.16 and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That all Landscape Technical Items and conditions approval listed in the staff report are addressed and four (4) copies of the revised landscape plans are submitted. Attachments: • Appendix A, Appendix B, Site Plan, and Landscape Plan. Report prepared by: Estelio Breto, Senior Planner SPRAB Staff Report: Meeting of March 27, 2013 Glass V Site Plan and Landscape Plan, for 46 SW 91h Avenue CRA Parking Lot Page 13 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ The property is currently served by a 8" water main along SW 9th Avenue. ❑ Adequate fire suppression will be provided via an existing fire hydrant located at the southeast corner of SW 9th Avenue and SW 1St Street. ❑ While sewer service is not necessary for the proposed parking lot, there is an existing 8" sewer main along the SW 9th Avenue if service were needed at some time in the future. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to an existing catch basin inlet (located along the west side of SW 91h Avenue) that drains to an ex- filtration system. There are no problems anticipated in complying with SPWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: The proposed parking lot does not generate a parking demand, therefore a finding of concurrency as it relates to traffic is not applicable. Parks and Recreation Facilities: Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Trash generated each year by this development will be approximately 0.76 tons per year (5,047.86 sq.ft. x 0.3 pounds /2,000= 0.76). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. School Concurrency: The proposed development does not contain a residential component, therefore a finding of concurrency is not applicable. SPRAB Staff Report: Meeting of March 27, 2013 Class V Site Plan and Landscape Plan, for 46 SW 9`h Avenue CRA Parking Lot Page 14 APPENDIX B STANDARDS- FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives ❑ -1 and ❑ -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable I X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining) land use needs. Not applicable Meets intent of standard X Does not meet intent SPRAB Staff Report: Meeting of March 27, 2413 Class V Site Plan and Landscape Plan, for 46 SW 910 Avenue CRA Parking Lot Page 15 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I X Meets intent of standard Does not meet intent N. W. Lv 1ST ST. > :�7 1 Q Li LJ 7 Q Q w Q :17 � Q o 2z = z = r z � z � 7 z z A T L A N T I C A V E N U E Lv Lv Q Q Lu Q Q w Q S.W. 1 ST ST. co z 0 _ � S S. W. 2ND S T. v� vi ui ui r IL I" -- N SUBJECT PROPERTY C RA PARKING LOT 91GRAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zanirg \DBMS \File- Cob \Z --LM 1001 - 1500 \LW 202_46 SW 9th Avenue_CRA Parking Lot � 4fi SW 9TH AVENUE PLANNING AND ZONING D DEPARTMENT LOCATION MAP `-...J I I I I l i I I � om po oo o0 �o io m o0 o" U oW 0o w v� o �3 and 00 O Ol gp rW _oo —O — oz ozo o- 00 0o o_ ono 0o a� No No 1O o 0 3° =o 0 o n3° a o, 2m o Q Q o'o v ao � °� it ~ Z W W K I � Q J 2 Z w � ZO J I ao � N N ryW (AVM 3AV",H`JIN .0S) a — � — — — 3Atl xyfi W 3�OO OOo00s (W 30)9� l a I N I i I W O lZ w sl IN o 1 0J i — O _ I _ T 1 J m m � I 1 1, I OZOo00N (0),90'bo I A3lltl LL E2 O, rn I Lz w © - > aa O � W wrc - I I a Z w o„ a� o= (Wd 5o ..L . C oL " 4 VV I., y v /V N Aq v 10 d) PSVH dJy' J[ .. J —u l o�� \.;aJ J�tl� 'e W ls, S 3 S 41e 1.15 1 d Y 1 4 u C D N 06 z i J H N J J w W O d w .w �No H �>u 0 < 0> cox° zm a g y�y o d- �S v 0 0 oa r Cl) a >o za 0 0No 010 0 z w o =� O z O o- 4oNN LL z I— O z Z F - a� °- o n z n ul ooa o aU N L" I ' �ros( �` I 1 I _a 3AV .OL MS a Z w o„ a� o= (Wd 5o ..L . C oL " 4 VV I., y v /V N Aq v 10 d) PSVH dJy' J[ .. J —u l o�� \.;aJ J�tl� 'e W ls, S 3 S 41e 1.15 1 d Y 1 4 u C D N 06 z i J H N J J w W O d w .w �No H �>u 0 < 0> cox° zm a g y�y o d- �S v 0 0 oa r Cl) a >o za 0 0No 010 0 o =� O z O o- 4oNN LL z I— O O Q g? Z F pow' a� °- o n z n ul ooa o aU a Z w o„ a� o= (Wd 5o ..L . C oL " 4 VV I., y v /V N Aq v 10 d) PSVH dJy' J[ .. J —u l o�� \.;aJ J�tl� 'e W ls, S 3 S 41e 1.15 1 d Y 1 4 u C D N 06 z i J H N J J w W O d w .w �No H �>u 0 < 0> cox° zm a g y�y o d- �S v z z w w< rcQ N Z = W ~ Z � Q O Fo N k I z 8 Z - w � w� zO Q - N (AtlMiO1H`JIN .OS) EM OOOO.00G (n*D)90 dilo I I 0 I I I OZO.00N (0),90'bD I — snxY six. ssw. ASV mx. luxe snx. sv�x. . mx. - a J Z z Z J IL LUJ J LU 0 a O LL Z F Z O U a0) zz Z wV a IL o o_ J Se F z Qw J aw z zD �a z J � a d O' w Uw K 'a n �Fo uJ >N>o �>u 0 OOE °aw cox° zm M a N b �ym S � Spp �y I - I Z I - w¢I e I w� r' � ti I I ^ a z o Q I I I acl ' k N m 4 I W N I N - I I _ I k I I _ I'OS i — —w— — ,�, �.J ..sue IAtlM-itr1H91tl .051_x_ a 3Atl xy0L MS Z z Z J IL LUJ J LU 0 a O LL Z F Z O U a0) zz Z wV a IL o o_ J Se F z Qw J aw z zD �a z J � a d O' w Uw K 'a n �Fo uJ >N>o �>u 0 OOE °aw cox° zm M a N b �ym S � Spp �y F _ (AVM AO IH91H.09) �~ 3AV xi6 MS 0 lo LL gzoag000ma O O a�ozoo '0o"6 -2� � a <3�3�"�'mojo F3 W goon agar a :hF �4G�o °��owdo�o. o 3ow�ww��`,'ok Z "3��ai,i�� 3a�do ai a3o 3..nrc�.n J �� 06 z Z zo no 5 o5o g a N L a a F 0 5< « Z (L o 092L W a 01a ° o `dam 08o' <� Z K W ogoaa o S2 W UW gym« <0 Z }� _.. .. ? « < PO _7T I- L iWYJ)�50'b51 /fib ol OOcy ov m I� x. s..x. mx= smx. svx. ems. A311tl sox snx. svvnmx�mwsvosnwmw NOi_LvnNIlNOO HOzI ZO6-TOZ 33S 3N1� HDiVh I � 1 w 3 ¢ O z I « v P v_ P a P I,) - �_N,Nnd oil, h�I�=6�MO,a�= s, I „ � . - Is I, 1 N3 v a N -IIA W'. WNo 0 ohm E-W� °aw cox° Zm a �?�Zma o�sv 3w @�� t a a a a a a a a 3 N 8 8 8 m 8 8 8 8 a a a F _ (AVM AO IH91H.09) �~ 3AV xi6 MS 0 lo LL gzoag000ma O O a�ozoo '0o"6 -2� � a <3�3�"�'mojo F3 W goon agar a :hF �4G�o °��owdo�o. o 3ow�ww��`,'ok Z "3��ai,i�� 3a�do ai a3o 3..nrc�.n J �� 06 z Z zo no 5 o5o g a N L a a F 0 5< « Z (L o 092L W a 01a ° o `dam 08o' <� Z K W ogoaa o S2 W UW gym« <0 Z }� _.. .. ? « < PO _7T I- L iWYJ)�50'b51 /fib ol OOcy ov m I� x. s..x. mx= smx. svx. ems. A311tl sox snx. svvnmx�mwsvosnwmw NOi_LvnNIlNOO HOzI ZO6-TOZ 33S 3N1� HDiVh I � 1 w 3 ¢ O z I « v P v_ P a P I,) - �_N,Nnd oil, h�I�=6�MO,a�= s, I „ � . - Is I, 1 N3 v a N -IIA W'. WNo 0 ohm E-W� °aw cox° Zm a �?�Zma o�sv 3w @�� Q 2 oQ Na= N�o °=z wQQ J I I I I I I I 0 I I � Z J w H U) J a a dF dw Uw 0_ 'an w �o o = WE 0 LU 0w� ti + zx a a 0 on y� 9 � o - s i ms 0 ®R , s I � u t r `z I I I I +J I w L't r 0 I a I<O - T (P I S o � _N � / YN m a x mo ry/ � m r r / A3lltl m� m� NOIlVf1NIlN00 2i0J ZOLdS /9Z 33S 3N1� HOlHWc - -. — — —� —, I .— .— •— .— .— .— .— .— .— .— �— • —, —'�I m �® I i ,d L o v F a, F r jS ......v -,\E d N\I—S � V v , a - e o [L.C< C\-"did N &I'A Z T- 0 89 o o 0 OH H N d U) Q N _ W W U) (Atl LU 3Atl xy MS 3AV 6 MS Z J w H U) J a a dF dw Uw 0_ 'an w �o o = WE 0 LU 0w� ti + zx a a 0 on y� 9 � o - s i ms 0 ®R , s I � u t r `z I I I I +J I w L't r 0 I a I<O - T (P I S o � _N � / YN m a x mo ry/ � m r r / A3lltl m� m� NOIlVf1NIlN00 2i0J ZOLdS /9Z 33S 3N1� HOlHWc - -. — — —� —, I .— .— •— .— .— .— .— .— .— .— �— • —, —'�I m �® I i ,d L o v F a, F r jS ......v -,\E d N\I—S � V v , a - e o [L.C< C\-"did N &I'A T- 0 a wa g w o _ LL z n w U IL I� Z J w H U) J a a dF dw Uw 0_ 'an w �o o = WE 0 LU 0w� ti + zx a a 0 on y� 9 � o - s i ms 0 ®R , s I � u t r `z I I I I +J I w L't r 0 I a I<O - T (P I S o � _N � / YN m a x mo ry/ � m r r / A3lltl m� m� NOIlVf1NIlN00 2i0J ZOLdS /9Z 33S 3N1� HOlHWc - -. — — —� —, I .— .— •— .— .— .— .— .— .— .— �— • —, —'�I m �® I i ,d L o v F a, F r jS ......v -,\E d N\I—S � V v , a - e o [L.C< C\-"did N &I'A I I ---- -•• - -� �--••-----•-- ----1 -• ----------j•-_-- II I NOiivnNI-LNOO HOd WLdS 133HS 33S 3NIl HOlHW -� - I m Imo_ -J I 1 x, Imo— o O rn J a I � I a I a F W 191'0 �MH Y - _ J _ (AtlM�jO�1H'JIN .OS) - - 3'1itl�OLMS- II _ II nip U Ul g g o go - 1 o� w 0 LL Z F Z 0 U a� zZ O L U w IL vla si.zr 1111 'm " � " - z.P so., " w vauo ei 3wsvvi33iis oc ds �C t_ , "s , e�.noa ,,- ,o -1,. suco. \aoz -,e \d — a N O r a U) z a J a E Ln a K a d mw UW }M a na wc� 0Na °aim °aw cox° zm a 6 W� { 7 k a iq g x, -. RIM h 04 3 rie��'igtli6 q Bill, _ I I I II I �NailvnN�ln�o� and �o 33S- W]HJiVA K 0 0 H d OF zU ZN �m �O wU rc a 111 I L c - 31tl�5_ _ II - I ' g F .{i J Fit - - Gvxn-a inaln osl - - 3nrwsxs s\ ' Z 3 s7t axa �3 Cif F r. z o 4,s LLI a3 a� �e� =CBE '" S. �HOHSS �� av >z c,oz en an w •u °awn n !.a "') - ere tund��liwna -oo, s„sol \•s ue¢ \vu, nw� \, »•,� , Hs ., v we ne ,� .s -,nn v= e o r„..... oe�•i=� w�� —."J" J" C"71 a U' z F z s s a a� Ucc JN3 p2d LL .19 oa$ 2!� ay a 4 Ili'. — »I 0 tl A3llV I 3!11 .a S ' 4�Z tm �5�a it ss 7c]lt - �-L twl�r�'os lal+ s .. i a 1}` Y ,I a 2 U) � ow 'ua H U LL 2 1-0 Z ? Q r W Lj` #j +. � 'E" 2� IL w y a N w IL LL f 2 w _IL w tl R yr z ; ll'� _ e hz O c7 } — — 5 y�v yiaL M6 a old, U� Ind s� si � S�oi do v ry p = +�� e . p ry e ry q v �wbj - p' =_rry�s31i5 OO�d5- 0- L��ffi \�uIMVO \ + +i�J COad \I == IS w� xs i ' V 4�5 xs 3 i p' d -Vtl� 4' •e Fv q.c� 6� in �'.� - 0 .1 I—uj rw� tl A3llV I 3!11 .a S ' 4�Z tm �5�a it ss 7c]lt - �-L twl�r�'os lal+ s .. i a 1}` Y ,I a — — y�v yiaL M6 Ind s� si � S�oi do v ry p = +�� e . p ry e ry q v �wbj - p' =_rry�s31i5 OO�d5- 0- L��ffi \�uIMVO \ + +i�J COad \I == IS w� xs i ' V 4�5 xs 3 i p' d -Vtl� 4' •e Fv q.c� 6� _ OOk�k� W 4r �a S zrnU 'a YR`� �u b'[�[ woo g'3 s a it` sLLy $t i e .z - --- a � 94� a3 �� Y8 a a K 0 r 0 00 Zr- , z 0 iz :30 WV K IL N O l �? J y z z a z rc w r a W 3 JNe W OA r� KH LLeam °a 2qo a� 0. m +N +N M G Wei co - W +r El Iy6 8 •° g y LfAS6 LIR2 [0 4 N p •R pe Fow olr) %q pmold) - RN'rMd avL3nnlf:Nd j B ] 4 n IN luo 33 o Wad IL $ � m k 1 30? 3 a V aC f O O a Q (j W (] w J F o Wre O� Ky H W 0¢a te=a Q� K� a� 10 lmo V i'I NI IM1S R anY 416 HS :pl a•uVw -vda woos Rwnn sl:rnl \n�na \rw[aw \.e wrvx any duty :�f .ti C. }A.:' :, � r +r tp r N l0 r 1p .r0 . -. ,00 d' �.• U7 fp Y +N +N + N N a rn v, a cli rn to N -0HVI— n OHW +N v +N ni ao ` —OHW, +o +° Io o +O +O v ^Hl4��roHw O +r O CHW }N + 3 3 N � +N N N N Ln a$. + � co In •� � g�k a s '� CA N -12 Mill LO a [ W qq FN +N +N N M W m }r r n m +N +N M G Wei co - W +r El Iy6 8 •° g y LfAS6 LIR2 [0 4 N p •R pe Fow olr) %q pmold) - RN'rMd avL3nnlf:Nd j B ] 4 n IN luo 33 o Wad IL $ � m k 1 30? 3 a V aC f O O a Q (j W (] w J F o Wre O� Ky H W 0¢a te=a Q� K� a� 10 lmo V i'I NI IM1S R anY 416 HS :pl a•uVw -vda woos Rwnn sl:rnl \n�na \rw[aw \.e wrvx any MEOW .NM lb .!. A-0 �R- MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Louis Chapman Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MAY 7, 2013 WAIVER REOUESTS: SUNTRUST BANK/ CHICK -FIL -A RESTAURANT ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulations associated with the Class V site plan for the SunTrust Bank/Chick -fil -A project: 1. A waiver to LDR Section 4.6.12(F)(2), which requires that free - standing structures have a minimum floor area of 6,000 square feet. 2. A waiver to LDR Section 4.6.9(13)(3)(c)(I), which requires a stacking distance of 50 feet for parking areas that contain 51 or more parking spaces. BACKGROUND At its meeting of March 27, 2013, the SPRAB (Site Plan Review and Appearance Board) approved the Class V site plan, landscape plan, and architectural elevations for the construction of a restaurant and bank. The property is located at the southwest corner of Federal Highway and Linton Boulevard. The SPRAB considered the waivers and recommended approval. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a fording 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. Minimum Floor Area: Per LDR Section 4.4.12(F)(2), free- standing structures shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it were to be situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18. The applicant has requested a waiver from the minimum floor area requirement. The following is a verbatim excerpt from the applicant's narrative in support of the waiver: "... the surrounding area is predominately commercial in nature. The existing SunTi ust Bank building is less than the 6, 000 square foot requirement. The proposed development of the SunTrust and Chick -fil -A buildings will bring the site into conformance with this requirement. Therefore, approval of this waiver request will not grant any special privilege for the applicant. " Waiver Analysis: The proposed buildings are 3,330 square feet and 2,730 square feet while the existing building they are replacing is 5,724 square feet. The proposed redevelopment of the property eliminates one building that is nearly conforming and replaces it with two buildings that are greatly non - conforming. Thus, the claim by the applicant that the redevelopment brings the site into conformance is incorrect since the waiver request would not be necessary if the 6,000 square foot requirement was met. However, it is noted that the combined square footage of the two buildings is 6,060 square feet. The intent of the PC zoning district is for commercial development on larger sites such as malls or shopping centers. Consequently, it was envisioned that these larger commercial developments would have larger outparcels /outbuildings and that under these conditions smaller buildings be prevented. The subject property is not part of a larger commercial development and aggregation of property is not anticipated for the foreseeable future. The justification for granting relief to the subject development is reasonable given the unique circumstances associated with this property and will allow adaptive reuse of the site. The two buildings do provide some architectural consistency, which is discussed in the Architectural Elevation section of this report. Based on the above, positive findings could be made with respect to LDR Section 2.4.7(B) (5), Waiver Findings. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between the right -of -way and the first parking space or aisleway in a parking lot that contains 51 or more parking spaces is 50 feet. The proposed stacking distance from Linton Boulevard is 40 feet and 13 feet from Federal Highway. The applicant has requested a waiver from the stacking requirements. The following is a verbatim excerpt from the applicant's narrative in support of the waiver: "... The proposed site layout has been designed to create safe, easy and intuitive ingress, egress and lot flow while also allowing for barrier free maneuverability. The applicant has already met with the Florida Department of Transportation and Palm Beach County Traffic Engineering Division in order to design a layout that would provide efficiency to move motorists in, out and through the site easily and will not create an unsafe situation... " Waiver Anal The property contains two driveways that distribute the vehicles between the two entrances. This has typically been the primary justification for supporting similar waivers. The support for the waivers is enhanced due to the actual distance between the travel lanes of the two roads to the internal drive aisles due to the extensive, wide landscape buffer (54 feet for Federal Highway and 60 feet for Linton Boulevard). The property also has a driveway connection to the property on the south, which provides access to and from Old Dixie Highway. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION 1. Approve the waiver to LDR Section 4.6.12(F)(2), which requires that free - standing structures have a minimum floor area of 6,000 square feet (3,330 square feet for Chick -fil -A and 2,730 square feet for SunTrust proposed) based on positive findings with LDR Section 2.4.7(B)(5). 2. Approve the waiver to LDR Section 4.6.9(13)(3)(c)(1), which requires a 50 -foot stacking distance (40 feet for Linton Boulevard and 13 feet for Federal Highway) for a parking facility that contains 51 or more parking spaces based on positive findings with LDR Section 2.4.7(B)(5). 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 SUNTRUST BANK /CHICK -FIL -A PROJECT 1. These waiver requests came before the City Commission on May 7, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the SunTrust Bank/Chick -fil -A project at the southwest corner of Federal Highway and Linton Boulevard. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.12(F)(2) Pursuant to LDR Section 4.4.12(F)(2), any free - standing structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it were to be situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18. The applicant is asking for a waiver to allow a free - standing building to have a minimum floor area of less than 6,000 square feet. Should the waiver to Section 4.4.12(F)(2) be granted? Yes No 1 B. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space or aisle way in a parking lot that contains 51 or more spaces is fifty feet (50'). The applicant is asking for a waiver to reduce the stacking distance to forty feet (40') from Linton Boulevard and thirteen feet (13') from Federal Highway. Should the waiver to Section 4.6.9(D)(3)(c)(1) 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 Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of May 2013, by a vote of in favor and opposed. ATTEST: 2 Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk W.C. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: March 27, 2013 AGENDA ITEM: IV.C. ITEM: Class V Site Plan, Landscape Plan, and Architectural Elevations For SunTrust Bank/Chick -fil -A To Construct A 3,330 Square Foot Restaurant And A 2,730 Square Foot Bank (1800 South Federal Highway). (Quasi- Judicial Hearing) GENERAL DATA: Owner ....... ............................... SunTrust Bank Applicant .............................. SunTrust Bank /Chick -fil -A 3 Agent ........... ............................... Corporate Property Services, Inc. -° ; - Location ....... ............................... Southwest Corner of Linton x.. — ... ... __:: o Boulevard and South Federal Highway =H_� Property Size .............................. 1.52 Acres L N T 0 N BLVD —, Future Land Use Map ................ GC (General Commercial) m; M1 Current Zoning ......... PC Planned Commercial Adjacent Zoning ................North. PC East: POC (Planned Office Center)" South: PC - — West: PC� o , Existing Land Use ...................... Bank ` Proposed Land Use .................... Bank /Restaurant Water Service ............................. Connection available via 8" A� main along along Federal Hwy. and 6" main along Linton Blvd.._ ._ Sewer Service ............................. Connection available via 6 " -a - main along Linton Blvd. and 24" main along Federal Highway. _ o... W.C. The action before the Board is approval of a Class V site plan request for SunTrust/Chick -fil -A pursuant to LDR Section 2.4.5(F). The request involves the following elements: ❑ Site Plan; 71 Architectural Elevations; ❑ Landscape Plan; and ❑ Waivers. The proposed bank and restaurant are located at the southwest corner of Federal Highway and Linton Boulevard [1800 South Federal Highway]. The property contains an existing 5,724 square foot bank with drive -thru teller lanes, associated landscaping and parking on 1.52 acres. The property was annexed into the City in 1970 and the bank was constructed in 1971. The action now before the Board is approval of the site plan, landscape plan, building elevations, and waivers. The development proposal incorporates the following: ❑ Demolition of the existing 5,724 square foot bank. ❑ Construction of a 3,330 square foot restaurant (Chick- fil -A) with a drive -thru lane and a 2,730 square foot bank (SunTrust) with drive -thru teller lanes. ❑ Construction of associated parking area and installation of landscaping. The development proposal includes waivers to the following sections of the Land Development Regulations: 1. LDR Section 4.6.12(F)(2), which requires that free - standing structures have a minimum floor area of 6,000 square feet. 2. LDR Section 4.6.9(D)(3)(c)(1), which requires a stacking distance of 50 feet for parking areas that contain 51 or more parking spaces. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationtrequest. SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 2 LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the PC (Planned Commercial) zone district: m- trdard Pro�ded. IlhlmuITY-Npr� Sic SunTrust 25% 25.1% Chick -fil -A 25% 25.6% Mnrrnu Lot�ze = SunTrust 90,000 sq.ft. 30,033 sq.ft. Chick -fil -A 10,000 sq.ft. 36,269 sq.ft. Mnrr�urrr Lotlliidt . -: SunTrust 50' 198.59' Chick -fil -A 50' 141.02 tnirnm L�6epth ,.. SunTrust & 100' 202.91' .. w_ Chick -fil -A Itircrnum Perimeter Setbac}c North 10' (Front) 94.1' (SunTrust) North 10' (Front) 106' (Chick- fil -A) mm South 10' (Rear) 53' SunTrust South 10' (Rear) 55' Chick -fl-A) East 10' (Side Street) 44.1' (Federal Hwy.) Chick- fil -A) East 0' (Side Interior) 38.87' SunTrust) West 0' (Side Interior) 52' SunTrust West 0' (Side Interior) 31' (Chick -fil -A Maxim �� li i'6t E-1 g ' ;; SunTrust 48' max. 19' Chick -fil -A 48' max. 14.5' Special Landscape Setbacks: Per LDR Section 4.3.4(H)(6)(b)(1), a special landscape setback of 10 feet is required along Federal Highway. The development proposal complies with this requirement since 10 feet of landscape area has been provided. Per LDR Section 4.3.4(11)(6)(b)(4), a special landscape setback of 20 feet is required along Linton Boulevard. The development proposal complies with this requirement since a landscape setback of 21.4 feet has been provided. Parking Requirements: Per LDR Section 4.6.9(C)(4)(a), parking for the bank is 4 spaces per 1,000 square feet of net floor area up to 3,000 square feet and then 3.5 spaces per 1,000 square feet of net floor area over the initial 3,000 square feet. Based on this the proposed 2,730 square foot bank is required to provide a SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 3 minimum of 11 parking spaces. Per LDR Section 4.6.9(C)(3)(d), the restaurant is required to provide 12 parking spaces per 1,000 square feet of gross floor area up to 6,000 square feet then 15 parking spaces per 1,000 square feet of gross floor area over the initial 6,000 square feet. The proposed 3,330 square foot restaurant is required to provide a minimum of 40 parking spaces (51 total). The proposed development complies with the parking requirements since 51 parking spaces have been provided. It is noted that the restaurant lot does not provide sufficient parking for this use to "stand alone." Thus, a condition of approval is attached that a cross parking easement is provided on the plat to ensure adequate parking is maintained. Right -of -Way Dedication: Pursuant to LDR Sections 5.3.1(A) and (D) and Table T -1 of the Comprehensive Plan Transportation Element, the following table describes the required rights -of -way and the existing rights -of -way adjacent to the subject property: Rigfiof lay Reg+u� red Ex�sfi�ta M'�op��ecL Regw.ired Federal Highway 120' 136.24' 136.24' 0' Linton Boulevard 120' 106' 125' 12'* It is noted that City would typically require dedication of 7 feet for the Linton Boulevard right -of -way. However, according to the applicant, the Florida Department of Transportation is seeking a 12 -foot dedication for the purpose of a future turn lane. The development proposal has been designed to accommodate the 12 -foot dedication. A condition of approval is attached that a 12 -foot dedication be provided for the Linton Boulevard right -of -way. Lighting: Per LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12 foot candles and a minimum of 1 foot candle. Also, the required illumination level for building entrances is 10 foot candles maximum and a minimum of 1 foot candle. Finally, the illumination levels underneath the drive - through canopy are a maximum of 30 foot candles and a minimum of 3 foot candles. The photometric demonstrates compliance with the City's illumination requirements. The proposed illumination levels within the parking area are a maximum of 9.0 foot candles and a minimum of 1.1 foot candles. The illumination levels at the building entrances are 1.8 foot candles and a minimum of 1.2 foot candles. The illumination level beneath the canopy is a maximum of 3.8 foot candles and a minimum of 3.4 foot candles. Crime Prevention Through Environmental Design (CPTED): The development contains good sight visibility throughout and especially between the bank and the remote drive - through facility. The property will be well lit during the evening which will enhance safety during off hours. The vegetation species are low growing at the building entrances and drive through lanes, which eliminates ambush points. In summary, the proposed development includes sound CPTED techniques to deter criminal behavior. 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: SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 4 (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. Minimum Floor Area: Per LDR Section 4.4.12(F)(2), free - standing structures shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it were to be situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18. The applicant has requested a waiver from the minimum floor area requirement. The following is a verbatim excerpt from the applicant's narrative in support of the waiver: "...the surrounding area is predominately commercial in nature. The existing Sun Trust Bank building is less than the 6,000 square foot requirement. The proposed development of the SunTrust and Chick -fil -A buildings will bring the site into conformance with this requirement, Therefore, approval of this waiver request will not grant any special privilege for the applicant." Waiver Analysis: The proposed buildings are 3,330 square feet and 2,730 square feet and the existing building is 5,724 square feet. The proposed redevelopment of the property eliminates one building that is nearly conforming with two buildings that are greatly non - conforming. Thus, the claim by the applicant that the redevelopment brings the site into conformance is incorrect since the waiver request would not be necessary and the 6,000 square foot requirement is for each freestanding structure. However, it is noted that the combined square footage of the two buildings is 6,060 square feet. The intent of the PC zoning district is for commercial development on larger sites such as malls or shopping centers. Consequently, it was envisioned that these larger commercial developments would have larger outparcelsloutbuildings and that smaller buildings be prevented. However, the subject property is not part of a larger commercial development and aggregation of property is not anticipated for the foreseeable future. Thus, the justification for granting relief to the subject development is reasonable given the unique circumstances associated with this property and will allow adaptive reuse of the site. The two buildings do provide some architectural consistency, which is discussed in the Architectural Elevation section of this report. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between the right -of -way and the first parking space or aisleway in a parking lot that contains 51 or more parking spaces is 50 feet. The proposed stacking distance from Linton Boulevard is 40 feet and 13 feet from Federal Highway. The applicant has requested a waiver from the stacking requirement. The following is a verbatim excerpt from the applicant's narrative in support of the waiver: ".._The proposed site layout has been designed to create safe, easy and intuitive ingress, egress and lot flow while also allowing for barrier -free maneuverability. The applicant has already met with the SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrustlChick -fil -A Page 5 Florida Department of Transportation and Palm Beach County Traffic Engineering Division in order to design a layout that would provide efficiency to move motorists in, out and through the site easily and will not create an unsafe situation..." Waiver Analysis: The property contains two driveways that distribute the vehicles between the two entrances. This has typically been the primary justification for supporting similar waivers. The support for the waivers is enhanced due to the actual distance between the travel lanes of the two roads to the internal drive aisles due to the extensive, wide landscape buffer (54 feet for Federal Highway and 60 feet for Linton Boulevard). The property also has a driveway connection to the property on the south, which provides access to and from Old Dixie Highway. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Provide existing elevations on existing roadway including edge of pavement and center line. 3. Clearly indicate limits of right -of -way and center line of the right -of -way of any adjacent streets with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street per LDR Section 2.4.3 (B) (5). 4. Indicate right -of -way dedications on all plans in accordance with LDR Section 5.3.1. Some civil sheets do not indicate right -of -way dedications. 5. Indicate sight visibility triangles in accordance with the FDOT Design Standard Index 546, Sight Distance at applicable FDOT intersections. Please indicate which sheet this can be found. 6. Provide documentation indicating approval by FPL for abandonment of existing easements and location of proposed easements. This can be done via the Composite Utility Plans. 7. Since project phasing is proposed, such phases need to be clearly shown on the plans and a narrative describing the phasing program provided per LDR Section 2.4.3 (B) (22). Please indicate phasing plan on Engineering Plans and clearly indicate how this would affect proposed improvements, specifically water and sewer improvements. 8. Please use City's numbering system for City standard details and do not alter or modify City details. 9. Provide drainage easements for all proposed private drainage systems in accordance with LDR Section 5.3.4. 10. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main; submit to my attention at the Engineering Division. SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 6 Upon review and approval, a letter from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows will be issued; this letter is a requirement for permit approval. Provide email indicating this requirement has been meet. 11. Provide separate tap for irrigation and potable water lines. 12. Revise proposed sanitary sewer service layout from connection at cleanout on Federal Highway. Since City maintains up to the first cleanout; move proposed sanitary sewer service onto west side of property line. 13. Show and clearly label all easements on Landscape, Civil and Composite Utility Plans. On some civil sheets it's very difficult to identity easements, please adjust. 14. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 15. Submit revised plans and any required documentation for Preliminary Engineering review with next submittal. Please ensure a complete set is provided for the City of Delray Beach Engineering Division and indicate which documents are for the Engineering Division. 16. Additional comments may follow after review of revised plans and if site design is changed. 17. Final Engineering comments will be generated after submittal of revised Civil Plans and during the Building Permit review process. - The Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16 except for the items noted below. The proposed landscaping consists of Gumbo Limbo trees, Pigeon Plum trees, East Palatka Holly trees, Royal Palm, Montgomery Palm, Foxtaii Palm, Christmas Palm, Natchez White Crepe Myrtle, Alexander Palm, and Clauccous Cassia trees. These areas will be under planted with Bright Orange Bromeliad, Red Hacienda Bromeliad, Ti Plant, Small Leaf Clusia, Red Tip Cocoplum, Croton, Blueberry Flax Lily, Spanish Stopper, Green Island Ficus, Dwarf Yaupon, Wax Jasmine, Podocarpus, Pittosporum Variegata, Dwarf Philodendron, Coleus, Variegated Schefflera, Walter's Viburnum, Dwarf Copperleaf, Purple Crinum Lilly, Silver Buttonwood, European Fan Palm, Gold Mound Duranta, Giant Dioon, Variegated False Agave, Anderson Crepe Hibiscus, Spider Lily , Firebush, Dwarf Yaupon, Jatropha tree, Wax Jasmin, Boston Fern, Dwarf Mondo Grass, Congo Red Philodendron, Dwarf Pentas, Podocarpus, Dwarf Philodendron, and Indian Hawthorn. Landscape Islands: Per LDR Section 4.6.16(111)(3)(i), landscape islands which contain a minimum of 135 square feet of planting area, with a minimum dimension of 9 feet, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every 13 standard parking spaces. The landscape island on the north side of the bank and on the north side of the restaurant drive- through lanes do not SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 7 meet the minimum width requirement. Further, the proposed Pigeon Plum is not considered a shade tree. Thus, a condition of approval is attached that the landscape island be revised to provide a minimum width of 9 feet exclusive of the curb and that the Pigeon Plum trees be replaced with a shade tree that is acceptable to the Senior Landscape Planner. Foundation Tree Height: Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation but are required to be a minimum of sixteen feet (16') in height. The proposed landscape plan provides little foundation landscaping. Thus, a condition of approval is attached that the plans be revised to include additional foundation landscaping acceptable to the Senior Landscape Planner. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan. 1. That the two Royal Palms along Federal Highway be replaced with a small palm acceptable to the Senior Landscape Planner. The centers of these palms need to be located closer to the pavement away from the overhead lines. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. if the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architecture of both buildings is a prototypical contemporary corporate design. The SunTrust building has a standing seam metal hip roof. The primary wall color is a light gray (Aesthetic White) and a base and trim color of dark gray (Mindful Gray). The entry feature and teller canopy has a horizontal corporate blue strip. It is noted that signage is not reviewed or approved as part of the site plan process. The Chick -fil -A building has a flat roof with a color palette that is the same as the SunTrust building. The primary wall color is light gray (Aesthetic White) with a base and trim color of dark gray (Mindful Gray). The front door and drive - through window have a flat canopy with tension bars. The windows have standing seam shed style canopies. These canopies, along with contemporary architecture and the proposed color scheme, connect the two buildings. This connectivity is important because as mentioned earlier this report, architectural compatibility is required per LDR Section 4.4.12(F)(2). Based on the above, a positive finding can be made that the architecture is consistent with LDR Section 4.6.18(E). SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 8 R_EQUIR;ED FINi,ING'S REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of GC (General Commercial) and is zoned PC (Planned Commercial). The PC zoning district is consistent with the (GC) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. Section 3.1.1_ (C)_- _ Consistency _(Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Reaulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed redevelopment of the property. The development will be complimentary with the surrounding commercial developments and supplies a fiduciary service to the community in addition to the food service. The existing bank has operated at the subject property for many years without any known conflicts with adjacent properties. SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 9 Section 2.4.5 (17)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north, south, and west by PC (Planned Commercial) zoned property and on the east by POC (Planned Office Center) zoned property. The surrounding uses are The Plaza at Delray to the north; Burger King to the south, Old Harbor Office and Bank Facility to the east, and Linton Towers to the west. The existing financial institution has been compatible with the surrounding property and there is every expectation that the proposed bank and restaurant will continue to be compatible. The proposed development is consistent with the South Federal Highway Redevelopment Plan, which indicates that a bank or restaurant or both are appropriate for this property. The property is located in an area that does not require review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: Neighborhood Advisory Council Delray Citizens Coalition ➢ Tropic Isles HOA ➢ Tropic Bay Condo Assn Tropic Harbor Condo Pelican Harbor HOA Harborside Condo Linton Woods Condo y Domaine Delray Condo r Banyan Tree Village Condo Letters of objection and support, if any, will be presented at the SPRAB Board meeting. The proposed bank and restaurant will be compatible with the surrounding commercial uses. The South Federal Highway Redevelopment Plan indicates that the redevelopment of the subject property as either a bank or restaurant or both is appropriate for the subject property. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 10 A. Postpone with direction. B_ Move approval of the request for Class V site plan, landscape plan, architectural elevations, and waivers for SunTrust/Chick- fill-A, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5), Section 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for Class V site plan, landscape plan, and architectural elevations, and waivers for SunTrust/Ghick- fil -A, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(6)(5), Section 2,4.5(F)(5), and Chapter 3 of the Land Development Regulations. By Separate Motions: Waivers: Recommend to the City Commission approval of a waiver to LDR Section 4.6.12(F)(2), which requires that free - standing structures have a minimum floor area of 6,000 square feet (3,330 square feet for Chick -fil -A and 2,730 square feet for SunTrust proposed) based on positive findings with LDR Section 2.4.7(6)(5). 2. Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50 -foot stacking distance (40 feet for Linton Boulevard and 13 feet for Federal Highway) for a parking facility that contains 51 or more parking spaces based on positive findings with LDR Section 2.4.7(B)(5). Site Plan: Approve the request for a Class V site plan for SunTrust/Chick- fil -A, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That a cross parking easement is provided on the plat to ensure adequate parking is maintained. 3. That a 12 -foot dedication be provided for the Linton Boulevard right -of -way. Landscape Plan: Approve the landscape plan for SunTrust/Chick -fil -A based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 11 1. That the landscape islands are revised to provide a minimum width of 9 feet exclusive of the curb and that the Pigeon Plum trees are replaced with a shade tree that is acceptable to the Senior Landscape Planner. 2. That the landscape plan be revised to include additional foundation landscaping acceptable to the Senior Landscape Planner. Elevations: Approve the proposed elevations for SunTrust/Chick -fi! -A based on positive findings with respect to LDR Section 4.6.18 (E). Attachments, • Appendix A • Appendix B • Site Plan, Architectural Elevations, and Landscape Plan • Location map + Waiver justification letters Report prepared by: Scott D. Pape, AICP, FCP, Senior Planner SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 12 Pursuant to Section 3.1.1 {B} Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ The Chick -fil -A building will be served via lateral connection to an existing 8 inch service water main along Federal Highway and the SunTrust building will be served by a lateral connection to an existing 6 inch along Linton Boulevard. ❑ Adequate fire suppression is provided via an existing fire hydrant at the northeast and one at the northwest corners of the property. ❑ Sewer service will be provided via lateral connection to an existing 6 inch sewer main along Linton Boulevard and a 24 inch main along Federal Highway. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration trench system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates that proposed net building increase will generate 563 new net average daily trips and 61 a.m. peak hour trips and 9 p.m. peak hour trips. A finding of concurrency has been received from the Palm Beach County Traffic Engineering Division. Thus, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: A finding of concurrency is not required for the non - residential project. Solid Waste: Trash generated each year by this development will be approximately 46.51 tons /year (restaurant = 46.51, bank = 5.05). The existing bank generates 10.59 tons per year. Therefore, the net increase in solid waste will be 35.92 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. SPRAB Staff Report — March 27, 2013 Class V Site Plan, Building Elevations, and Landscaping for SunTrust/Chick -fil -A Page 13 School Concurrency: A finding of concurrency is not required for the non - residential project. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent o � Q Q J Gi 4i L� W X BANYAN TREE LANE �P C� Pv O O L I N T 0 N B O U L E V A R D O MC CLEARY ST. Z 2 EVE STREET J Q H D Q O TROPIC BOULEVARD Q U N 4 Zi Z Z Q G7 cn Li 771 N Z J Q BOLENDER STREET Of w 0 SUBJECT w >- w Q 2 C� -- PROPERTY SUNTRUST BANK /CHICK -FIL -A DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1387 — Suntrust Bonk /Chick —Fil —A PLANNING AND ZONING DEPARTMENT LOCATION MAP CORPORATE PROPERTY SERVICES, INC. 1 233 E. NEWPORT CENTER DRIVE • SUITE 1 13 • DEERFIELD BEACH, FLORIDA 33442 The subject site is located at 1800 South Federal Highway, which is on the southwest corner of Federal Highway and Linton Boulevard within the city limits of Delray Beach. The property is currently zoned Planned Commercial with a General Commercial future land use designation. A 5,724 square foot SunTrust Bank with drive -thru lanes exists on the property. The Applicant is submitting a site plan applicant to obtain approval to: • Construct a new SunTrust Bank with drive -thru lanes in the parking lot located west of the existing building; • Demolish the existing SunTrust Bank, once the new SunTrust is operational; and • Construct a new Chick -fil -A with a drive -thru and outdoor dining area where the old SunTrust bank existed. In the Planned Commercial zoning district, LDR Section 4.4.12(F)(2) states that any freestanding structure shall have a minimum floor area of 6,000 square feet. The proposed SunTrust building will have 2,730 square feet and the Chick -fil -A building will have 3,330 square feet, which separately, is under the 6,000 square foot requirement. The combined building area is 6,060 square feet which exceeds the code requirement for the property. However, in. preliminary meetings with the City's Planning Staff, it was determined that a waiver request from this code requirement is necessary. Pursuant to LDR Section 2.4.7(B)(5), the Applicant respectfully submits this justification in support of the waiver request for a reduction of the 6,000 square feet required for each of the proposed buildings: A. Granting of the waiver shall not adversely affect the neighboring area. The neighboring area is commercial in nature. The proposed project follows the intent of the Planned Commercial zoning district by providing a well - planned, functional, and aesthetically - pleasing development that will not adversely affect, but rather enhance the area. [954] 426-5144 - IFAX [954] 570 -3321 REGULATCRY LANE) LJBE CONSULTANT CERTIFIED GENERAL CONTRACTOR CGC 044277 B. Granting of the waiver shall not significantly diminish the provision of public facilities. Granting of the waiver will not diminish the provision of public facilities, will not be injurious to the surrounding area, and will not be detrimental to the public welfare. Rather, this project will be able to move forward and become a positive influence in the community and passible catalyst for future redevelopment in the area. C. Granting of the waiver shall not create an unsafe situation. The proposed site layout has been designed to create safe, easy and intuitive ingress, egress and lot flow while also allowing for barrier -free maneuverability. The Applicant has already met with the Florida Department of Transportation and Palm Beach County Traffic Engineering Division in order to design a layout that would provide efficiency to move motorists in, out and through the site safely and will not create an unsafe situation. D. Granting of the waiver does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on the other property for another application or owner. As stated above, the surrounding area is predominately commercial in nature. The existing SunTrust Bank building is less than the 6,000 square foot requirement. The proposed development of the SunTrust and Chick - fil-A buildings will bring the site into conformance with this requirement. Therefore, approval of this waiver request will not grant any special privilege for the Applicant. 2 CORPORATE PROPERTY SERVICES, INC. 1 239 E. NEWPORT CENTER DRIVE . SUITE 1 13 • DEERFIELD BEACH, FLORIDA 33442 WAIVER REQUEST JUSTIFICATION SUNTRUST /CHICK -FIL -A 1800 SOUTH FEDERAL HIGHWAY DELRAY BEACH, FL MARCH 1. 2013 The subject site is located at 1800 South Federal Highway, which is on the southwest corner of Federal Highway and Linton Boulevard within the city limits of Delray Beach. The property is currently zoned Planned Commercial with a General Commercial future land use designation. A 5,724 square foot SunTrust Bank with drive -thru lanes exists on the property. The Applicant is submitting a site plan applicant to obtain approval to: • Construct a new SunTrust Bank with drive -thru lanes in the parking lot located west of the existing building; • Demolish the existing SunTrust Bank, once the new SunTrust is operational; and • Construct a new Chick -fil -A with a drive -thru and outdoor dining area where the old SunTrust bank existed. LDR Section 4.6.9(D)(3)(c)(1) states that for a site having 51 or more parking spaces, the minimum [stacking] distance between a right -of -way and the first parking space or aisleway in a parking lot shall be 50 feet. Pursuant to LDR Section 2.4.7(B)(5), the Applicant respectfully submits this justification in support of a waiver request for a reduction in the required distance for the driveways from both Linton Boulevard and Federal Highway: A. Granting of the waiver shall not adversely affect the neighboring area. The neighboring area is commercial in nature. The proposed project follows the intent of the Planned Commercial zoning district by providing a well - planned, functional, and aesthetically - pleasing development that will not adversely affect, but rather enhance the area. B. Granting of the waiver shall not significantly diminish the provision of public facilities. Granting of the waiver will not diminish the provision of public facilities, will not be injurious to the surrounding area, and will not be detrimental to the public welfare. Rather, this project will be able to move forward and become a positive influence in the community and possible catalyst for future redevelopment in the area. [954] 426-5144 • fAX (954) 570 -3391 REGULATORY LANE] USE CONSULTANT CERTIFIED GENERAL CONTRACTOR CGG 044277 C. Granting of the waiver shall not create an unsafe situation. The proposed site layout has been designed to create safe, easy and intuitive ingress, egress and lot flow while also allowing for barrier-free maneuverability. The Applicant has already met with the Florida Department of Transportation and Palm Beach County Traffic Engineering Division in order to design a layout that would provide efficiency to move motorists in, out and through the site easily and will not create an unsafe situation. D. Granting of the waiver does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on the other property for another application or owner. As stated above, the surrounding area is predominately commercial in nature. The existing driveway lengths to the SunTrust Bank property are as follows: from the Linton Boulevard right -of -way to the first aisleway is 27' from the Federal Highway right -of -way to the first aisleway is 0' The proposed driveway lengths for the new SunTrust/Chick -fil -A project are as follows: from the Linton Boulevard right -of -way to the first aisleway is 40' from the Federal Highway right -of -way to the first aisleway is 13' Furthermore, from the edge of pavement to the proposed first aisleway are as follows: from the Linton Boulevard edge of pavement to first aisleway is 60' from the Federal Highway edge of pavement to first aisleway is 54' In conclusion, both proposed driveway lengths are an increase over the existing conditions and, therefore, approval of this waiver request will not grant any special privilege for the Applicant. 2 I:� g m� �q O MIA w �o= ded 9 u 4 1.a I:� g m� �q O MIA 9 u 4 1.a E;9 1� 1 I:� g m� �q O =a a �nan argy�< °saao,. I tmh H LL E»� 0 jg oa Q` aaa °8 .......... MIA 9 u 4 1.a E;9 =a a �nan argy�< °saao,. I tmh H LL E»� 0 jg oa Q` aaa °8 .......... a z R �za �@ �8a�a "s9 mE E LL u q �s his Wp¢'�a�� ''. UH V -hz �up�z, gib�z, �g2gY Mffl IM ;99r'w 05K I 9ySF Fis� s ewe c�a' W:we�oitt'.�w d fl 0 b 9 N 915 9 tl NYId 3dVOStlNV"l "IlVt13A0 s S1lnHNIHlIM =x 3'yoeag(e�ap J Nues isnajuns tv IIi No14a 9 g C® K z L 4 J, IL W EL Q 4Z J J J LU 0. I J LL Y U ca z u Q I, O �I D f3_ {— h Z D to N Il L J� §O t fO O" N u in u -p N � m a 'mroc v �Or' m y n- a m Ed m U1 W R DI U;L Yy C C b N ' �'C NLr�. N ro N w � p Lu W GAL/ 3 .ro W 4 di Q d C a E O L 22 .E C C a � U- 7 U C L o m q r zlv -0'.'j O' L D O Q O N -0 N g 'V _ ,N 0 Al ,p N N C W N G C E E L u `r5 a u ICCiO�� aiiLL E (7D eouga��+3�mwo:�iv vWw�ws��..�Yrya a�sr+nwni ��ui `yiy 'Saauueid 8 s1�23iu�a'd ��,��ann n!aa IAggoa ApUO�j A5WDH ooa.. Q aa1J0 Rod uoaue� iiwx "iz ea mss E winos juDe asti��nS 5 C� ¢b rd`s v� ory v� 4, er a c e Cog=b vl_�_p=8z 33 y ea �,Zs� 00 e E_ 8 "I gE - I �v 01 Q 6 4 a F� �j I� O' �X 2w 4 5 C� ¢b rd`s v� ory v� 4, er a &Aq �o c �oonw , wto rv�i� aaaawi — z N _r �f n �e I -0I 11 I� e C 4g ti II al 'leinpa ;l ocl uofl:)njlsuoZ) Z\s6uinnead ?g OVJ E \l� '4Jea8 hilaa '9tiTE ? Sd qaeag Aoilea - off': fuq fun ]ue �o� iab aIW oo (DO o00 O - oo(D oo (D &Aq �o c �oonw , wto rv�i� aaaawi — z N _r �f n �e I -0I 11 I� e C 4g ti II al 'leinpa ;l ocl uofl:)njlsuoZ) Z\s6uinnead ?g OVJ E \l� '4Jea8 hilaa '9tiTE ? Sd qaeag Aoilea - | ! |; !! , ! r2( |i§29 !N - `!� ! §, ` ;� (_ U U S U g U U ( :§ 4•) 2. } § }, RE ((D U U (D 0 C fu � a_± ' mr' »±EEOI m7' «AZRC o mm_n:)c c ,yam ola,S,'Llw m hiloo 'qt,-[F dSj g Gle- -Du1 711dysiauueld d E4!ua•d buippgM piaa ljagoa 7 rxc. wx3aorea a� iu a8 1m1un5 ; •• z� �p W Y� n� r Y �8 W a u 4 F- 0 z Z 0 a w J W ll3 a W w LnJ a u 0 H F- 0 z z 0 a W J W V7 W 1� M E O � 3YN m $ O � 4 N � q� O $ x & a � W x 1 ■ sk +i g U J o LL 0 LL LU Pm •f w J a u a F- 0 Z z _o w w z 0 h M O �N N � O M N � 4 � _ W 2 J n I..L o � J LL Q J tI n u r� u f af O z f r MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer /Public Information Officer THROUGH: Louie Chapman, Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF MAY 7, 2013 REJECT ALL BIDS FOR FEDERAL LEGISLATIVE LOBBYING SERVICES ITEM BEFORE COMMISSION Consider rejecting all bids received for comprehensive federal lobbying services (RFP No. 2013- 34). BACKGROUND Recently, the City issued a Request for Proposals (RFP No. 2013- 34) for firms to provide Federal Legislative & Executive Lobbying Services. This process included an advertisement in the local news media (March 7, 2013) and resulted in the City receiving four (4) responses. During the April 9th Commission meeting, it was determined that there was not a need for the City to obtain comprehensive federal lobbying services. Instead, the Commission provided direction that it would be more effective to reject all bids for comprehensive services and re -issue an RFP for federal lobbying services that addresses sober houses and possible regulation options (single issue). As a result, the City Commission is requested to formally reject all of the bids that were received to provide comprehensive federal lobbying services. This option is provided within the RFP that was issued (see below): "The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re- advertise and to award the Contract in its best interest." Please note: As requested by the Commission, staff is preparing a limited federal lobbying services RFP for sober house regulation. This RFP is included on the City Commission's May 7th Regular Meeting Agenda for consideration and direction. RECOMMENDATION Reject all bids received for comprehensive federal lobbying services (RFP No. 2013- 34). MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 29, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF MAY 7, 2013 REQUEST FOR PROPOSAL (RFP) FOR FEDERAL LOBBYING SERVICES ITEM BEFORE COMMISSION Discussion regarding a federal lobbying RFP. BACKGROUND At the April 16, 2013 Commission meeting, the Commission gave direction to draft an RFP for federal lobbying services, but with a much narrower focus than the prior federal lobbying RFP. The focus of this RFP is related to lobbying HUD to clarify language in the Fair Housing Amendments Act, which it administers, as it relates to the oversight and regulation of sober homes. Also, based on previous comments received regarding the prior RFP, the language of this RFP has been modified to be more applicable to firms that lobby on the federal level. CITY OF DELRAY BEACH INVITATION TO BID RFP NO. AGREEMENT FOR PROFESSIONAL FEDERAL LOBBYING SERVICES F Contents Invitation to Bid 1 General Conditions, Instructions and Information 2 Cone OF Silence 4 Standard Form of Agreement 6 Corporate Achnovrledgment 9 Certificate (If Corporation) 9 Schedule of Pricing 10 References 11 Bid Signature Form 12 Exhibit 1 — Scope of Worb 13 CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-7161/7163 Fax: (561) 243 -7166 RFP No: DATE: TITLE: PROFESSIONAL FEDERAL LOBBYING SERVICES FOR A SINGLE ISSUE BIDS MUST BE RECEIVED ON OR BEFORE: , 2013 (ED 1:00 P.M. at which time all bids will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and /or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: The purpose and intent of this "RFP" is to obtain qualifications and enter into a contract with a professional federal lobbying firm for the purpose of providing federal lobbying services for the City to address the implementation of the Fair Housing Amendment Acts by HUD as it relates to the regulation of sober homes. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed, or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) UNBOUND ORIGINAL AND FIVE (5) COPIES OF REQUIRED BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. Copies of the specifications may be downloaded from www.DemandStar.com, phone (800) 711 -1712, or may be obtained in hard copy from the Purchasing Office, City Hall, 100 N.W. 1St Avenue, Delray Beach, Florida, 33344. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and /or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 10 of General Conditions. The Proposer understands that this RFP does not constitute an offer or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff; approved by the City Commission and executed by the parties. All service /work performed shall be in accordance with the terms of this RFP pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1 st Avenue Delray Beach, Florida, 33444. Call Purchasing at 561- 243 -7161 or email; nadal(a)-mydelraybeach.com for information. THE City of Delray Beach reserves the right to add, delete or drop -out of any services from this RFP or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any additional services to be performed to be added to the contract. The City of Delray Beach, Florida reserves the right to accept and /or reject any and all proposals, to waive informalities, to re- advertise and to award the Contract in its best interest. GENERAL CONDI TIONS, INSTRUCTIONS AND INFORMATION DEFINITIONS: For the purpose of this Request for Proposal (RFP): "Proposer" shall mean contractors, consultants, agencies, organizations, firms, or other persons' submitting a response to the RFP. Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to RFP. Proposer should prepare their proposal simply and economically providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. INQUIRIES: Interested Pro oser may contact the City's Purchasing Manager regarding questions about the proposal at 100 NW 1s Avenue, Delray Beach, Florida 33444 at (561) 243 -7161. Please submit written requests for clarification or questions concerning the meaning or interpretations for this RFP, no later than , 2013. These requests may be faxed to the Purchasing Division at (561) 243 -7166 or emailed to nadalkMydelMbeach.com. The City may record its responses to inquiries and any supplemental instructions in the form of a written addendum. The City may issue a written addendum before the date fixed for receiving the proposal. No oral explanation may be given. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication prior to the opening of the proposals. The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify Proposers of all changes in scheduled due dates by written addendum. SELECTION PROCESS: In its discretion the City may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal for the City. The City will schedule any such presentation, if required. 1. SUBMISSION AND RECEIPT OF RFPs: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Request for Proposal. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. 2. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. 3. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 4. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 5. SPECIFICATIONS: A. The issuance of a written addendum(s) is the only official method whereby interpretation, clarification, changes, or additional information is provided by the City. It shall be the sole responsibility of each bidder, during and prior to Bid submittal to determine if addendum(s) were issued to any particular RFP and to obtain a copy of said addendum(s) from www.demandstar.com or by contacting the Purchasing Department at (561) 243 -7161 or 7163. NOTE: The City will make every effort to notify registered bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential bidders who received a Bid package from other sources. 6. AWARD OF CONTRACT: The low monetary proposal will not in all cases be awarded the contract or purchase order. Contracts or purchase orders will be awarded by the City to the best responsible Proposer whose qualifications represent the most advantageous to the City, price and other factors considered. Evaluation of the RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any Proposer, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging Proposer. In no case will the award be made until necessary investigations have been made into the responsibility of the Proposer and the City is satisfied that the best responsible Proposer is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 7. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and /or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order. 8. TERMINATION OF AGREEMENT: This Agreement may be terminated for cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. City shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to proposal, and Proposer shall terminate or suspend performance of services on a schedule acceptable to the City or at the end of the fourteen (14) day period day period, at the option of the City. In the event of termination or suspension, City shall pay Proposer for all services performed through the date of notice of termination or suspension. 9. ANTI - COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 10. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of Federal and State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 11. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 12. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 13. BID PROTEST: The time limit for filing a protest is five (5) calendar days from the date the bid or RFP award recommendation is made. Such recommendation shall be posted in City Hall and the five (5) days shall commence from the date of posting. A protest will only be considered to have merit if it can be proven that an action or lack of action by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid or RFP solicitation or award must be filed in writing with the Purchasing Officer and may only be filed by the bidders who may be aggrieved by the solicitation or award. Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1St Avenue Delray Beach, FL 33444 14. CONE OF SILENCE: Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department regarding its bid, i.e., a "Cone of Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: 20_, by and WHEREAS, the CITY prepared a Request for Qualifications (RFP # ) for Professional Federal Lobbying Services; and WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected by the CITY as the best and most qualified applicant; and WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory terms for the execution of this Project. NOW, THEREFORE, in consideration of the promises set forth in the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties further hereto agree as follows: 1. CONTRACTOR agrees to provide federal lobbying services by representing the CITY'S interests before the Federal Administration and /or applicable Federal Agency and U.S. Congress (House of Representatives and Senate) in accordance with the Scope of Work specifically stated in Exhibit "1 ". 2. The Contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 General Conditions, Instructions and Information 2 Cone of Silence 4 Standard Form of Agreement 6 Corporate Acknowledgment 9 Certificate (If Corporation) 9 Schedule of Pricing 10 References 11 Bid Signature Form 12 Exhibit 1 — Scope of Work 13 3. The term of this contract shall commence upon execution by both parties and extend until one (1) year from the date of the execution of the contract. The parties may agree to renew the contract, at the same terms, conditions and price(s) for up to three (3) consecutive terms of one (1) year. Any such renewal must be approved by the City Commission. 6 4. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 5. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida Attn: Finance Department 100 N.W. 1St Avenue Delray Beach, Florida 33444 As to Contractor: 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 7. The CITY and the CONTRACTOR each binds himself /herself, his /her partners, successors, assigns and legal representatives to other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The CONTRACTOR for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's, agents and employees from or on account of any claims, damages, received or sustained by any person or persons resulting from CONTRACTOR'S work; or by or in consequence of negligence in connection with the same, or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. The indemnification provided above shall obligate the CONTRACTOR to defend at their own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 9. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the OWNER. 10. This Agreement may be terminated by cause by either party upon seven (7) days advanced written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of services on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the option of the CITY. In the event of termination or suspension, the CITY shall pay CONTRACTOR for all services performed through the date of notice of termination or suspension. CONTRACTOR shall provide CITY with a complete file of all accounts notified, up to the termination date, which remains unpaid. 11. The CONTRACTOR shall notify the particular contact person for the CITY as determined by the CITY and based upon the information required. 12. The contract documents constitutes the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to form: City Attorney WITNESS: Cary D. Glickstein, Mayor CONTRACTOR: I1 -ya (Print or type name and title) (Print or type name and title) 8 CORPORATE ACKNOWLEDGEMENT STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He /She is (personally known to me) (or has produced identification) and has used his /her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped CERTIFICATE (IF CORPORATION) STATE OF FLORIDA ) COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the held on 20_, the following was duly passed and adopted: State of resolution "RESOLVED ", that , as President of the corporation, he /she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_. (Secretary) 9 SCHEDULE OF PRICING Professional Federal Lobbying Services Pricing is to be all inclusive of costs and expenses to be paid monthly to CONTRACTOR within thirty (30) days of submission of any invoice to the CITY. (per month) 10 REFERENCES RFP NO. Professional Federal Lobbying Services *Please complete this page or attach your reference page to this sheet. Agency /Company Address City, State, Zip Contact Person Telephone Date(s) of Service Type of Service Comments: Agency/Comp an Address City, State, Zip Contact Person Telephone Date(s) of Service Type of Service Comments: Agency/Comp an Address City, State, Zip Contact Person Telephone Date(s) of Service Type of Service Comments: Contractors Name: 11 CITY OF DELRAY BID SIGNATURE FORM RFP NO. Professional Federal Lobbying Services PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. *Name of Bidder (Firm Name as Registered with their State of origin) Business Address: Street Address (P.O. Box Address is not permitted) City, State, Zip Mailing Address: ❑ Check if Same as Business Address above Street Address City, State, Zip Authorized Signature (Written) Print Name and Title of Person Signing this Form Date Telephone / Fax No. Email Address of Authorized Signee: 12 EXHIBIT 1 SCOPE OF WORK The Department of Housing and Urban Development (HUD) is charged with the interpretation of the Fair Housing Amendments Act. There is a need for clarification from HUD regarding the language within the Fair Housing Amendments Act and its application to group /sober homes. The courts have enforced the Act inconsistently over the years and this has caused a great burden to be placed on the states and local governments, some of which are currently facing real, not hypothetical or speculative, over - concentration of group /sober homes in their single - family residential communities as well as abuse of the patients /residents in the group /sober homes by the operators of such homes as a result of a lack of regulation or oversight of such homes or their operators. While it appears that some courts have upheld local land use and other regulations applicable to group /sober homes, even these rulings have contained a caveat that a reasonable accommodation provision must be available (and arguably, must be granted) for these homes, thereby circumventing the local regulations all together. As a result of inconsistent enforcement by the courts, there is mass confusion regarding the rights, if any, of states and local governments to apply their local regulations to these homes. Therefore, there is a real need for clarification from HUD regarding what actions may be taken, if any, by states and local governments in order to protect the health, safety, and welfare of both the residents of the homes and the surrounding areas. Therefore, it is anticipated that the Lobbyist would need to interact with certain Federal Agencies in order to seek clarification and to allow for the regulation or oversight of such homes by the appropriate local, state or federal agencies. 13 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 29, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF MAY 7, 2013 SETTLEMENT OFFER IN CURLENE THOMAS V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Settlement offer in the claim of Curlene Thomas v. City of Delray Beach. BACKGROUND This claim arises out of an incident on August 8, 2009 where the claimant was riding her bicycle along Atlantic Avenue and was injured when a City employee, operating a weed eater, turned to move to another area and struck the claimant with his equipment. The claimant fell off her bicycle breaking her left arm and requiring surgery on her left rotator cuff. Her medical costs to date are approximately $35,000- 40,000. The claimant's attorney has offered to settle this case for $20,000.00, inclusive of attorney's fees and costs. The City's third party adjuster, Gallagher Bassett, also concurs in this recommendation. RECOMMENDATION Approve the settlement offer subject to the receipt of the appropriate releases. MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq., Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: May 1, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF MAY 7, 2013 PREVILLON CASSY V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION This is a proposal of settlement by the plaintiff, Previllon Cassy, in the amount of $49,999.99 in the case of Previllon Cassy v. City of Delray Beach. BACKGROUND On January 11, 2012, a police volunteer was driving his vehicle north on SW 4th Avenue when the plaintiff, Previllon Cassy, rode his bicycle into the street and was hit by the volunteer. The plaintiff suffered a fractured knee cap with total medicals of $15,657.14. The plaintiff is also claiming lost wages, pain and suffering and future medicals for potential knee surgery and therapy. Attached is the Proposal for Settlement. RECOMMENDATION The City Attorney's Office recommends denial of this proposal of settlement. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA PREVILLON CAZI, Plaintiff, vs. CASE NO.: 5012CA018576XXXXMBAG CITY OF DELRAY BEACH, Defendant. PROPOSAL FOR SETTLEMENT The Plaintiff, PREVILLON CAZI, pursuant to the terms and provisions of Florida Statute §768.79 and Florida Rule of Civil Procedure, 1.442, proposes to the Defendant, CITY OF DELRAY BEACH the following settlement: 1. This proposal is being made by the Plaintiff, PREVILLON CAZI, to the Defendant, CITY OF DELRAY BEACH. 2. The proposal is specifically made to resolve all claims made by the Plaintiff, PREVILLON CAZI, against the Defendant, CITY OF DELRAY BEACH. 3. The relevant conditions and particular terms of this offer are as follows: a. The Plaintiff, PREVILLON CAZI, proposes to the Defendant, CITY OF DELRAY BEACH, to settle all claims, including claims in the total amount of FORTY NINE THOUSAND NINE HUNDRED NINETY NINE DOLLARS AND NINETY -NINE CENTS ($49,999.99), which shall specifically include any claims for attorney fees and taxable costs incurred by the Plaintiff, PREVILLON CAZI; b. The Plaintiff shall execute a full general release of any and all claims against the CITY OF DELRAY BEACH. Said release to be prepared and provided by Defendant. C. The Plaintiff will stipulate to a dismissal of all claims, with prejudice. d. The settlement shall remain confidential; Plaintiff shall execute a Hold Harmless Agreement agreeing to defend and indemnify the Defendant against any and all liens. 4. No amount of the settlement is for punitive damages, in that there is no claim for punitive damages. 5. Attorney fees are not part of the legal claim of the Plaintiff, PREVILLON CAZI, and to the extent the Plaintiff would make such claim, the above proposal is inclusive of any claim for attorney fees and costs. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent, via e-mail (kozol(@,mydelravbeach.com) and Certified U.S. Mail this 25th day of April, 2013 to: Catherine Kozol, Esq., 300 West Atlantic Avenue, Delray Beach, Fl. 3 �-N. AINBINDER, ESQ. Florida Bar No.: 779891 125 Crawford Blvd. Boca Raton, Florida 33432 (561) 368 -9800 FAX: (561) 368 -5840 E -MAIL: ainbinderlawQ mail.com MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: April 19, 2013 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF MAY 7, 2013 APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRITSTERS ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police & Firefighters Retirement System Board of Trustees. BACKGROUND The term for Mr. Alan Kirschenbaum, regular member on the Police & Firefighters Retirement System Board of Trustees, will expire on April 22, 2013. Mr. Kirschenbaum will have served one (1) full term, is eligible, and would like to be considered for reappointment. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two (2) public members of the Board of Trustees. All members must 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. All appointees must take an oath of office. The following individual has submitted an application and would like to be considered for appointment: Alan Kirschenbaum Incumbent A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending April 22, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending April 22, 2015. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES 05/12 (No Term Limits) TERM EXPIRES REGULAR MEMBERS APPT BY Indefinite Danielle Connor, Fire Chief Serving as Fire Appt01/01/12 Chief Indefinite Anthony Strianese, Police Chief Serving as Police Chief 04/22/2013 Alan Kirschenbaum City Appt 04/21/11 Commissioners 2 yr term 04/22/2013 Lieutenant Scot Privitera Police Dept Appt12 /2011 06/30/2014 Adam Frankel, Vice Chair City unexp 05/05/09 Commissioners Reappt05 /25/10 Reappt05 /15/12 04/22/2014 John Palermo Police Dept Appt04 /10 Reappt03 /12 04/22/2013 Lt. Joe Ligouri, Chair Fire Dept Appt04 /99 Reappt04 /01 Reappt04 /03 Reappt04 /05 Reappt04 /07 Reappt04 /09 Reappt 04/11 04/22/2014 Gregory Giaccone Fire Dept Appt03 /12 Doug Smith (sitting member) Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: April 19, 2013 SUBJECT: AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF MAY 7, 2013 APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Art Advisory Board. BACKGROUND There is a vacancy on the Public Art Advisory Board. The term is unexpired ending July 31, 2013. An appointed is needed for one (1) regular member. 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. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77 -04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right -of -way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted an application and would like to be considered for appointment: Geraldine Biller Museum Curator /Retired Mary- Elizabeth Cohn Educator /Consultant /Sales Representative Shirl Fields Retired/Jewelry Designer (currently serving on the Neighborhood Advisory Council) Christopher Metzger Executive Director Chris Stray Landscape Designer Patricia Truscello Public Relations Specialist 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 Jacquet (Seat #2) 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. PUBLIC ART ADVISORY BOARD 03/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/13 Daniel Bellante Business Owner Unexp Appt 03/20/12 07/31/14 Sharon Koskoff Artist Appt 07/17/12 07/31/13 Jerry Rabinowitz Photographer Unexp Appt 11/06/12 07/31/14 Sandi Franciosa Appt 07/20/10 Administrative Reappt07 /17/12 Asst /Retired 07/31/14 Kevin Rouse Artist /Photographer Appt 07/17/12 07/31/14 Carolyn Pendelton- Parker Landscape Architect Appt 08/07/12 07/31/15 Vacant Unexp Appt + 2 y MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF MAY 7, 2013 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Manager for an appointment to the Delray Beach Housing Authority. BACKGROUND There is a vacancy on the Delray Beach Housing Authority due to Ms. Shelly Petrolia being appointed to the City Commission. The term is unexpired ending July 14, 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. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve an unexpired term plus a four (4) year term ending July 14, 2017. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term plus a four (4) year term ending July 14, 2017. DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 05/13 TERM REGULAR MEMBERS EXPIRES 07/14/2016 Joseph Hepp, Chair Unexpired Appt 10/21/08 Reappt06 /19/12 07/14/2014 Marcia Beam Unexp Appt 10/04/11 07/14/2014 Sylvia Morris Unexp Appt 07/10/07 Reappt07 /06/10 07/14/2017 Unexp Appt + 4 yrs. Vacant 10/27/2015 Christel Silver, Vice Chair Appt 11/6/07 Reappt10 /04/11 03/06/2014 Guam Sims Unexp Appt 10105110 07/14/2014 Choli Aronson Unexp Appt 05/19/09 Reappt07 /06/10 S/ City Clerk /Board 13 /Delray Beach Housing DELRAY BEACH HOUSING AUTHORITY EXHIBIT A Bruce Bastian Nayda Cottone - Ovadia (currently serving on the Nuisance Abatement Board) Joe Farkas (also applying for the Financial Review Board) Irene Frazier Philip Friedman Gaston Joseph Pearl Markfield Elrod (currently serving on the Neighborhood Advisory Council) Dorothy Payne Morris Weinman Alan Weitz (also applying for the Financial Review Board) MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 9.L. - REGULAR COMMISSION MEETING OF MAY 7, 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 resignation of Mr. Brian Wood. The term is unexpired ending July 31, 2014. 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: Joe Farkas Banking /President/C.E.O. (also applying for the Delray Beach Housing Authority) Jeff Ritter Consulting Mark Spennacchio Finance Director Retired /MBA Alan Weitz Banking 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 Petrolia (Seat #1) 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. FINANCIAL REVIEW BOARD 03/13 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, Chairperson Assistant Director of Unexp Appt 04/05/11 Operations /Retired Reappt06 /21/11 P.E. MBA 07/31/14 Unexp Appt Vacant 07/31/15 Jeff Ritter Strategic Unexp Appt + 2 yr term Consultant /Educator 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 Contact: Richard Reade X -7009 S/ City Clerk /Board 13/ Financial Review Board MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 9.M. - REGULAR COMMISSION MEETING OF MAY 7, 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 the resignation of Mr. Fran Marincola. This is for an unexpired term plus a two (2) year term ending July 31, 2015. 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 Margherita Downey Joseph Ingram John Jackson Ellen Major -Hanna 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 Jacquet (Seat #2) for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appoiontment of one (1) regular member to serve an unexpired plus a two (2) year term ending July 31, 2015. POLICE ADVISORY BOARD 05/13 TERM EXPIRES NAME & ADDRESS 07/31/15 Vacant Unexp Appt + 2 yrs. 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 'A Z TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: May 6, 2013 SUBJECT: AGENDA ITEM 9.N. - REGULAR COMMISSION MEETING OF MAY 7, 2013 OFFER OF SETTLEMENT IN KIERAN MACKENZIE V. THE CITY OF DELRAY BEACH (ADDENDUM) ITEM BEFORE COMMISSION Offer to settle a complaint filed by Plaintiff, Kieran Mackenzie. BACKGROUND This is an offer by Plaintiff to settle a case pending against the City. The case involves a claim for personal injuries sustained by the Plaintiff, Kieran Mackenzie (age 45), arising from an accident that occurred on December 11, 2007, on Lowson Boulevard near the corner of Del Aire Avenue in Delray Beach. The subject accident occurred when Plaintiff, Kieran Mackenzie was riding his bicycle on Lowson Avenue. Plaintiff, Kieran Mackenzie, alleges that an unidentified driver in an unidentified motor vehicle was speeding and forced Kieran Mackenzie to move over as far right to the road as possible to avoid being hit where he struck a pothole causing him to fall off of his bicycle and sustain personal injuries. The City of Delray Beach owns the area where the pothole is located and repaired the area after the accident occurred. The Plaintiff, Kieran Mackenzie has alleged that the City negligently maintained the roadway, causing his injuries. To date, the Plaintiff has incurred over $183,000.00 in medical bills due to his injuries which include: Right Humeral Head Fracture and Glencoid Fracture. The Plaintiff's injuries resulted in two (2) surgeries including a complete right shoulder replacement. The Plaintiff has asserted that he has limited mobility on his right side as a result of the accident and correlating injuries and both his doctor and our own independent doctor have suggested that the Plaintiff will likely need additional surgeries in the future. At this time, the Plaintiff has agreed to accept our earlier offer of settlement that was proposed at mediation in October, 2012 in the amount of Twenty Thousand Dollars ($20,000.00) with each party to be responsible for their own fees and costs to date. We are currently on a trial docket with a four (4) day jury trial scheduled to begin next week on Monday, May 13, 2013. If the City proceeds to trial, the City could be found liable for up to One Hundred Thousand Dollars ($100,000.00) (the sovereign immunity cap at the time of the accident in 2007). Additionally, if we proceed to trial, the City will incur further costs in the case related to expert and court reporter fees. Further, in the event of a verdict against the City, there may be additional costs incurred to appeal the matter, resulting in total costs likely exceeding Twenty Thousand Dollars ($20,000.00). RECOMMENDATION The City Attorney's office recommends City Commission approval. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 2, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF MAY 7, 2013 ORDINANCE NO. 10 -13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 10 -13 which provides for modifications to the Police /Fire Pension Ordinance. BACKGROUND This Ordinance provides that persons hired as police officers or firefighters after April 9, 2013 would not be eligible for the optional enhanced multiplier, where it would raise the pension multiplier from 3% after 20 years to 3.5 %. The Ordinance also provides that the contribution rate for police officers and firefighters, hired after April 9, 2013, shall be 9 %. Currently the contribution rate is 6% for those employees who are not seeking the optional enhanced multiplier. RECOMMENDATION Approve Ordinance 10 -13. ORDINANCE NO. 10 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE - RESCUE DEPARTMENTS "; AMENDING SECTION 33.62, `BENEFIT AMOUNTS AND ELIGIBILITY "; AMENDING SECTION, "33.64, "CONTRIBUTIONS "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire - Rescue Departments ", Section 33.62, Benefit amounts and eligibility ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (B) Normal Retirement Benefit. (3) Optional Enhanced Multiplier. (a) Notwithstanding any provision of the System to the contrary, a member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one -half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty -seven and one -half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (b) Notwithstanding any provision of the System to the contrary, a member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one -half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty -seven and one -half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the I ORD. NO. 10 -13 Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (c) Notwithstanding any provision of the System to the contrary, a member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one -half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty -seven and one -half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (d) The election to receive the enhanced multiplier under this paragraph must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this paragraph, or if an eligible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph (2), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. Section 2. That Chapter 33, "Police and Fire - Rescue Departments ", Section 33.64, "Contributions ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.64. - CONTRIBUTIONS. (A) Member Contributions. (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three (3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty -five (25) years of continuous service at which time member 2 ORD. NO. 10 -13 contributions are no longer required (2) Effective the first pay period starting after May 3, 2011, members of the retirement system employed as firefighters shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty -five (25) years of continuous service at which time member contributions are no longer required. (3) Effective the first pay period starting after October 4, 2011, members of the retirement system employed as police officers shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty -five (25) years of continuous service at which time member contributions are no longer required. (4) Notwithstanding any other provision of this section 34.64, members of the retirement system hired on or after April 9, 2013 shall make regular contributions to the Trust Fund at a rate equal to nine (9) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty -five 25) years of continuous service at which time member contributions are no longer required. The City shall pick up the member contribution required by subsections (A)(1), (A)(2)z (A)(3) and A)(4) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. 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. 3 ORD. NO. 10 -13 Section 5. 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. MAYOR ATTEST: City Clerk First Readi Second Reading 4 ORD. NO. 10 -13