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12-01-09 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, December 1, 2009 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual Public will be limited to three minutes or less. The Mayor or presiding officer has discretion Hearings 7:00 to adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non -Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243- 3774 ROLL CALL 2. INVOCATION The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL APPROVAL OF MINUTES: A. November 17, 2009 - Regular Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. Mayor's Literacy Initiative - Delray Beach Get Caught Reading 8. CONSENT AGENDA: City Manager Recommends Approval A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify approval of the revised Industrial Waste and Pretreatment Agreement by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter- Annual Meeting of October 15, 2009. B. TRANSFER OF OUTSIDE COUNCIL/GAUNT, PRATT, RADFORD, METHE & ROCKENBACH, P.A./APPEALS IN CASES REFERENCING LINDA MARKS: Approve authorization to transfer the appointment of the firm Gaunt, Pratt, Radford, Methe & Rockenbach, P.A. for legal services in conjunction with the appeal of the cases involving Linda Marks to the firm of Methe & Rockenbach, P.A. C. SERVICE AUTHORIZATION NO. 07-13/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-13 in the amount of $178,642.00 to Mathews Consulting, Inc. for professional engineering services related to the design of the Area 11B Reclaimed Water System and other needed water and sewer improvements in the same streets. Funding is available from 441-5181-536- 65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water Transmission D. AMENDMENT NO. 2 TO THE AGREEMENT/LEGAL SERVICES/HEARING OFFICER: Approve an amendment extending for two years the agreement between the City and David W. Schmidt for providing legal services to the City as a Hearing Officer. E. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION GRANT/GRANT AWARD: Approve one (1) Housing Rehabilitation grant award to the lowest responsive bidder for 133 S.W. 8u' Avenue, David J. Thyng, LLC., in the amount of $19,551.38. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB -RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY: Approve and authorize execution of a sub -recipient funding agreement with the Urban League of Palm Beach County, Inc. under the Community Development Block Grant (CDBG) program for FY 2009-2010, with total funding in the amount of $6,500.00. Funding is available from 118-1966-554-83.01 (Neighborhood Services/Other Grants and Aids G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB -RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve and authorize execution of a sub -recipient funding agreement with Fair Housing Center of the Greater Palm Beaches under the Community Development Block Grant (CDBG) program for FY 2009- 2010, with total funding in the amount of $7,000.00. Funding is available from 118-1961-554-49.17 (Neighborhood Services/Other Current Charges/Promotion of Fair Housing). H. REVISION/HURRICANE HOUSING ASSISTANCE PLAN (HHAP): Approve a technical revision to the Hurricane Housing Recovery (HHR) Program, Hurricane Housing Assistance Plan (HHAP) for Fiscal Years 2005-2008. L AMENDMENT NO. 2 TO THE POMPEY PARK BOOSTER CLUB AGREEMENT: Approve and authorize Amendment No. 2 to the Agreement with Pompey Park Booster Club, Inc. to extend the agreement for an additional one (1) year term. SPECIAL EVENT REOUEST/13TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 13th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held February 27-28, 2010 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 entrance of Atlantic Grove and the Tennis Center parking lot, authorize staff support for security and traffic control, barricade assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor paying all overtime costs. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 16, 2009 through November 25, 2009. L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to DaCosta Enterprises, Inc. in the amount of $33,697.00 for construction of a Barwick Road Sidewalk. Funding is available from 334-3162-541-63.11 (General Construction Fund/Improvement Other Than Buildings/Bikepaths/Sidewalks). 2. Contract award to Insituform Technologies, Inc. in the amount of $61,436.40 for rehabilitation of a sewer segment on S.E. 2nd Street, from S.E. 3rd Avenue to east of S.E. 6u' Avenue, as part of the annual Sanitary Sewer Main Rehabilitation program. Funding is available from 442- 5178-536-63.51 (Water and Sewer Renewal and Replacement Fund/Improvements Other/Sewer Mains). 3. Purchase award to Otto Waste Systems in the amount of $30,000.00 for the purchase of hot stamped garbage carts with lids and wheels to be ordered as needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). REGULAR AGENDA: A. WAIVER REQUEST/MELLOW MUSHROOM: Consideration of a waiver to LDR section 4.6.9 (e)(3)(d), to allow Mellow Mushroom to enter into an In -Lieu Parking Fee Agreement with the City to pay the $109,200 in -lieu parking fee in four (4) installments of 25% each with first payment due at signing, instead of three (3) installments with 50% due at signing and two subsequent 25% payments. Mellow Mushroom restaurant is located at 25 S.E. 6u' Avenue.(Quasi-Judicial Hearing) B. REQUEST FOR VALET QUEUE/THE SEAGATE ON ATLANTIC: Consider a request from The Seagate on Atlantic to establish a parking valet queue to be located on the south side of the 1000 block of East Atlantic Avenue. C. REQUEST FOR VALET QUEUE/TRAMONTI RESTAURANT: Consider a request from LSMS, Inc., owner of Tramonti Restaurant, to establish a parking valet queue to be located on the north side of the 100 block of East Atlantic Avenue. D. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider approval of a special event request from the Chamber of Commerce for the 48th Annual Delray Affair to be held on April 9-11, 2010; including a temporary use permit per LDR Section 2.4.6 (F) for use of City property and rights-of- way as required, waiver of LDR Section 4.6.7 (E)(3)(c) to allow signage to be installed more than one (1) week prior to the event, banner hanging within the site area, vendor permits to be assigned and approved by the Chamber of Commerce, to not allow any other event to be held on the above- mentioned dates in the City, to allow reserved parking for entertainment and exhibitors as requested; contingent upon receipt of a certificate of general liability insurance, liquor liability insurance, and a hold harmless agreement. E. REVISED PROPOSAL/OLD SCHOOL SQUARE RETAIL SPACE GARAGE: Consider a revised proposal from Thomas Kinsloe regarding the Old School Square garage retail space. F. REQUEST FOR QUALIFICATIONS (RFQ)NETERANS PARK/WORTHING PARK: Consider approving the Review Committee's rankings of responses to Requests for Qualifications (RFQ) for the Veterans Park Master Plan and Worthing Park design; and authorizing staff to enter into negotiations with the top ranked firm for each project. G. SERVICE AUTHORIZATION NO. 06-08/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 06-08 in the amount of $26,750.00 to Currie Sowards Aguila Architects for professional design services regarding replacement of the concession stand and press box building at Little Fenway. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). H. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) Citizen -At -Large Representative to the Parking Management Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). L EMPLOYEE RECOGNITION FOR FY 2009 BUDGET SURPLUS: Consider approval to recognize employee efforts for the FY 2009 budget surplus by providing all full-time employees an extra day off on December 23, and all Civil Service employees a net Christmas bonus of $250.00. (Addendum) 10. PUBLIC HEARINGS: A. RESOLUTION NO. 59-09: Consider a resolution electing to use a uniform method of collecting fire assessments, if levied, on the property tax bill. B. ORDINANCE NO. 60-09: Consider a city -initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. C. ORDINANCE NO. 59-09: Consider a CRA -initiated ordinance modifying the Community Redevelopment Plan, finding that the modifications conform to the Community Redevelopment Act of 1969, as amended, finding that the modifications are consistent with the City's Comprehensive Plan, and making further findings pursuant to applicable requirements of Florida Statute 163.360. 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission NOVEMBER 17, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 17, 2009. 1. Roll call showed: Present- Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Thomas Skindeleski with St. Vincent Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Fetzer requested that Item 8.A., Service Authorization No. 07- 12/Mathews Consulting, Inc. be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mrs. Gray requested that Item 8.B., Rescind Public Art Component/Art and Jazz on the Avenue/Summer Nights on the Avenue be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. There is a revised agreement for Item 8.D., First Amendment to the Interlocal Agreement/Palm Beach Countv/Delrav Beach Housing Authoritv for Carver Estates/Auburn Avenue. Also, there is additional information for Item 8.F., Amendment No. 2 to the Agreement With GovDeals, Inc., a revised Board Order for Item 9.A., Conditional Use Extension Request/Atlantic Shores, and Item 9.E., Resolution No. 61-09 has been added to the Regular Agenda by addendum. 11/17/09 Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of November 3, 2009, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Workshop Meeting of November 10, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and Commending Trinity Lutheran Varsity Football Team Mayor McDuffie read a proclamation hereby recognizing and commending Trinity Lutheran School Varsity Football Team for their excellent performance and outstanding achievements in football and for bringing honor and distinction to Trinity Lutheran School and the City of Delray Beach. 7. PRESENTATIONS: 7.A. City of Delray Beach Residents Academy Certificates — Janet Meeks Janet Meeks, Education Coordinator, presented the following participants of the 16m Graduating Class for the City of Delray Beach Residents Academy with Certificates: William Abell, Real Estate Manager Jess Bailey, Realtor Annie Jean Adkins, Attorney Margherita Downey, Youth Court Judge Clifford Durden, Jr. EMS and EPOCH Boards Victor Kirson D.D.S., Police Advisory Board Judy Giovino, Downtown Cooperative John Holland, Real Estate Lloyd Hasner, General Contractor Diane Franco, Land Developer Nancy Hogan, Chamber Volunteer Gerecia Jackson -Edmond, Community Land Trust Cheryl Lee -Bennett, Teacher Lorraine Maclaren 2 11/17/09 Jim Matheson, Financial Advisor Dale Miller, Interior Design John Runyan, Retired Dinah Stephenson, Attorney Penny Sugar, Development Director James Washington, Rotary Danielle Winn, Recreation Supervisor Margherita Downey stated this class was fabulous and she is grateful to the Commission that the Residents Academy is offered to its residents. Ms. Downey stated she is thoroughly impressed with the public servants, the fire and police department. She stated she has more confidence and trust in the Commission and the Mayor that they are doing a good job because the Department Heads explained what is going on. She stated the class was very informative and thanked the Commission. Ms. Downey stated she is very proud to say that she lives in Delray Beach. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.C. AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Amendment to the Interlocal Agreement between the City and Palm Beach County extending the time of completion to January 30, 2010 for installation of trombone signal mast arms at the intersection West 12th Avenue and West Atlantic Avenue. Palm Beach County will reimburse the City in the amount of $250,000.00 for costs associated with this project. 8.D. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH HOUSING AUTHORITY FOR CARVER ESTATES/AUBURN AVENUE: Approve a First Amendment to the Interlocal Agreement between Palm Beach County, the City and Delray Beach Housing Authority (DBHA) for improvements on S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10th Street to West Atlantic Avenue, which provides for reimbursing the City $1,000,000.00 for the costs associated with the improvements along this corridor. 8.E. LANDSCAPE MAINTENANCE AGREEMENT/415 ENFIELD ROAD: Approve and accept a landscape maintenance agreement with Kathy Laxson providing for the installation of hedges in the City's right-of-way to effectively screen the proposed shadow-box fence at 415 Enfield Road. 8.F. AMENDMENT NO. 2 TO THE AGREEMENT WITH GOVDEALS, INC.: Approve Amendment No. 2 to the Agreement with GovDeals, Inc. to extend the agreement an additional twenty-four (24) months. 3 11/17/09 8.G. EXTENDED WARRANTY AND MAINTENANCE/ZOLL MEDICAL CORPORATION: Approve a one (1) year extended warranty and maintenance in the amount of $22,052.00 to Zoll Medical Corporation for sixteen (16) Zoll Defibrillator Units. Funding is available from 001-2315-526-46.20 (General Fund/Repair & Maintenance Services/Equipment Maintenance). 8.H. CONSENT TO ASSIGNMENT/T-MOBILE TO MOBILITIE INVESTMENTS 11, LLC.: Approve the Consent to Assignment to transfer a City lease agreement from T -Mobile to Mobilitie Investments 11, LLC for the cell tower at Barwick Park. 8_I. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Ms. Diane Franco to the Parking Management Advisory Board for a term ending July 31, 2010. 8_J. RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE: Approve and ratify the current appointees to the Kids and Cops Committee for two (2) year terms ending November 30, 2011. 8.K SPECIAL EVENT REQUEST/KIDS DAY AT THE TREE: Approve and endorse Kids Day at the Tree scheduled for December 12, 2009 from 10:00 a.m. to 4:00 p.m.; granting a temporary use permit per LDR Section 2.4.6.(F) for the closure and use of N.E. 1 st Avenue from Atlantic Avenue to the alley north of Atlantic; and authorize staff support for traffic control and security, barricading, trash clean up, fire inspection and use of a City portable generator; contingent on the receipt of the Certificate of Liability Insurance. 8.L. SPECIAL EVENT REQUEST/12TH ANNUAL FIRST NIGHT 2010: Approve a special event request to endorse the 12th Annual First Night 2010 event on December 31, 2009 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, and to authorize staff support for traffic control and security, site cleanup and trash removal, barricade set up and removal, signage construction and installation and EMS services. 8.M. SPECIAL EVENT REQUEST/HOWARD ALAN 21st ANNIVERSARY DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event request for the 21st Anniversary Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held on January 16-17, 2010 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of- way on Atlantic Avenue from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th Avenue) for vendor parking; authorize staff support for security and traffic control, barricade assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor paying all overtime costs. 4 11/17/09 8.N. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse the next Art and Jazz on the Avenue to be held on January 28, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue, and S.W. 5th Avenue from S.W. 1st Street to about 1/2 block north; to authorize staff support for security, traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, and trash removal and clean up; contingent upon receipt of an updated Certificate of Liability Insurance. 8.0. SPECIAL EVENT REQUEST/11th ANNUAL GARLIC FESTIVAL: Approve a special event request for the 11th Annual Garlic Festival to be held on February 12-14, 2010, and to grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of-way to include N.E. 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E. 1st Street and Old School Square Park, from 6:00 a.m., February 12 through midnight, February 14, 2009 and use of the Old School Square Parking Garage and the City Attorney lot for event parking, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation, site cleanup and trash removal, and waiver of the two (2) hour parking limit in the downtown area during the event subject to the conditions listed in the staff report recommendation. 8.P. SPECIAL EVENT REQUEST/42ND ANNUAL SAINT PATRICK'S DAY PARADE: Approve a special event request for the 42nd Annual St. Patrick's Day Parade and Party on Saturday, March 13, 2010, beginning with setup at 11:00 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and a event at Old School Square from 11:00 a.m. to 7:00 p.m.; to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to N.W. 1st Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries; and to approve staff support for traffic control and security, barricading, trash removal, EMS assistance, use of half of the small stage and to allow event signage to be put up fourteen (14) days prior to the event; contingent upon receipt of the required certificate of liability insurance by March 3, 2010. 80. SPECIAL EVENT REQUEST/SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Florida Table Magazine and supported by the Downtown Marketing Cooperative, to be held on March 18, 2010 from 5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of N.E./S.E. 5th Avenue; and to authorize staff support for traffic control and security, barricading, use of a City owned portable generator and banner hanging with banners to be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement by March 8, 2010. 5 11/17/09 8.R REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 2, 2009 through November 13, 2009. 8.S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Stanley Convergent Security Solutions, Inc. in the amount of $22,261.00 for the installation of Phase II of the security/fire monitoring system at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (Water and Sewer Renewal Replacement Fund/Machinery/Equipment/Other Machinery/Equipment). 2. Contract award to Chaz Equipment Company, Inc. in the amount of $29,500.00 for emergency repair of the 36" Raw Water Main at the intersection of S.W. 7th Street and S.W. 15th Avenue. Funding is available from 442-5178-536-63.50 (Water & Sewer Renewal and Replacement Fund/Improvements Other/Water Mains). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SERVICE AUTHORIZATION NO. 07-12/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-12 in the amount of $78,322.00 to Mathews Consulting, Inc. for performance of a water system audit to identify sources of unaccounted for water in the City's system. Funding is available from 441-5161-536-34.90 (Water & Sewer Fund/Other Contractual Services). Randal Krej carek, City Engineer, stated this is a service authorization with Mathews Consulting to do a water study audit of the water system to try and find sources of unaccounted for water in the City's system. Mr. Krejcarek stated studies have shown that water systems lose between 10-15% of the water that they produce. The South Florida Water Management District (SFWMD) Basis of Review for consumptive use permitting (CUP) limits unaccounted for water to a maximum value of 10%. He stated last year the City averaged approximately 23% and staff would like to enter into an agreement with Mathews Consulting for them to take a look at various different areas where the City can possibly find this lost water and recoup it. Staff recommends approval of Service Authorization 07-12 for Mathews Consulting, Inc. Mr. Fetzer stated he is very supportive of finding out why we have pretty substantial amounts of water that we are not accounting for. He stated according to the memo it appears that staff does not think it is actual leakage. Mr. Fetzer stated this is quite a bit of money and he would like to better understand how they go about doing this and what their experience with other cities has been where they have done this type of 6 11/17/09 work. Mr. Krejcarek stated Mathews Consulting is going to do a comprehensive study and look at the ability to find leaks, replacement of meters, how the water comes and leaves the plant. Mr. Fetzer inquired whether this is more than a paper audit and asked if they actually do field work to evaluate some of these things. Mr. Krejcarek confirmed that this is correct. Mr. Eliopoulos stated this is a large sum of money and asked why we aren't just targeting these old meters and focusing on that. Mr. Krejcarek stated staff is not sure if this will bring that percentage down to where it needs to be with South Florida Wastewater Management District (SFWMD) so the City needs to do a comprehensive study to look at all aspects of the system to see if there may be something as substantial or more substantial than the old meter replacements. The City Manager stated the reason the City waiting until now to do this is for whatever reasons after the Municipal Solutions report came in the unaccounted for water declined to zero but it has gone back up. He stated staff felt that after looking at the average for the year we really need to go ahead and do the audit. Mayor McDuffie stated he assumes that the City has pressure tests so that if we lose water pressure we know that we are losing large quantities. Mr. Krejcarek stated the City has meters throughout the system that constantly test the pressure and Mathews Consulting will also be taking a look at that to see the variations in pressures throughout the system. Mr. Fetzer moved to approve Item 9.A.A. (formerly Item 8.A.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. RESCIND PUBLIC ART COMPONENT/ART AND JAZZ ON THE AVENUE/SUMMER NIGHTS ON THE AVENUE: Approve rescinding approval of a Public Art component for six (6) Art and Jazz on the Avenue and six (6) Summer Nights on the Avenue events in the amount of $10,000.00. Mrs. Gray inquired about the reasoning for the return of the $10,000.00 for Art and Jazz on the Avenue and $10,000.00 for Summer Nights on the Avenue. Marjorie Ferrer, Executive Director of the Downtown Marketing Cooperative, stated it was due to a lack of response. She stated Summer Nights on the Avenue is finished and she had a couple of false starts with the Call to Artists and the timing of it was not good enough for the Downtown Marketing Cooperative to get an artist that they could advertise because everything is done two months in advance for the printed pieces. Randal Krejcarek, City Engineer, stated a call did go out and the Public Art Advisory Board felt that the responses they got were not in line with what they were expecting and what they wanted to promote in those events on Atlantic Avenue and that is why they decided not to go with any of the artists. 7 11/17/09 Mrs. Gray moved to approve Item 9.A.A.A. (formerly Item 8.11.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. 9.A. CONDITIONAL USE EXTENSION REQUEST/ATLANTIC SHORES: Consider a request to extend for two years the conditional use for increasing the building height to a maximum of 60' and allowing more than 30 dwelling units per acre (41.30 du/ac) for Atlantic Shores, located on the west side of S.E. 2nd Avenue, approximately 80' south of S.E. 1st Street. (Quasi -Judicial Hearing) Mayor McDuffie read into the record the City of Delray Beach procedures for a Quasi -Judicial Hearing for this item and all subsequent Quasi -Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to Attorney Michael Weiner. Mrs. Gray stated she had no ex parte communications to disclose. Mr. Eliopoulos stated he received a call but no communication from Attorney Michael Weiner's office. Mr. Fetzer stated he spoke with Attorney Michael Weiner. Mayor McDuffie stated he too spoke with Attorney Michael Weiner this afternoon. Paul Dorling, Director of Planning and Zoning, stated this is to extend the conditional use for this project which increased the building height to a maximum of 60 feet and to allow a density above 30 dwelling units per acre (41.50 du/ac) for Atlantic Shores. The proposal is to be built on vacant parcels south of Atlantic Avenue by the FEC railroad track. Mr. Dorling stated this is a 0.85 acre site with parking on the ground floor and four levels of residential above it for a total of 35 dwelling units. The second and third floors would contain a pool, deck, exercise room, library, clubhouse, etc. At its meeting of January 3, 2006, the City Commission approved the conditional use associated with the proposed development to increase the height up to 60 feet and a density in excess of 30 units per acre (41.30 du/ac is proposed). On January 25, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the conditional use extension request. At its meeting of December 20, 2007, the Site Plan Review and Appearance Board approved a site plan extension for the project. Those approvals were subject to the following conditions which have been ignored: (1) that the applicant has the site seeded and watered and remove the perimeter construction fence until construction was imminent. Mr. Dorling stated that condition has not been complied with. He stated if the City is inclined to give a further extension, staff recommends that these conditions also be applied and that a 90 day limit be imposed to actually achieve those items which should have been achieved two years ago and noted that is attached as a condition of approval. The required findings under LDR Section 2.4.4(F)(2) are made in the staff report and this is one site that is considered under the 8 11/17/09 category "Construction Has Commenced". Staff recommends approval of the conditional use extension subject to the seeding and watering of the site and the removal of the construction fence. He stated there is also a comment about the final plat and noted that comment was placed in there as a matter of due diligence in the project. In reviewing the file, there is a final plat that has not been finalized and they have had four years to do it so that has been included as a condition. Mr. Eliopoulos inquired about the condition that was placed on the first extension. Mr. Dorling stated although there was a condition of approval there was no timeframe associated with it so when staff went to Code Enforcement they really could not enforce it because there was no timeframe. Mr. Dorling stated this is why staff is suggesting that the condition include a time limit of 90 days. Mr. Frankel asked if there is grass around this site. Mr. Dorling stated it is in the CBD -RC so there is construction around it and the site just south of it has been established as Kevro's Art Bar. Mr. Dorling stated Worthing Place has just been constructed to the north on most of the block and noted there are some industrial buildings to the south. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 10 S.E. 1s' Avenue, Delray Beach, FL 33444, distributed photos he took today of the site and stated they have seeded the site and will water it and take the fence down. Mr. Mankoff stated they did not take the fence down originally because they had some liability concerns with their insurance but they have worked that out. There was no cross-examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use extension request, to please come forward at this time. Deb Sullivan, Kevro's Art Bar, 166 S.E. 2"d Avenue, Delray Beach, FL 33444, stated what would be ideal is to have the fence down completely and if not the fence needs to be moved back at least five feet off the property line. Ms. Sullivan stated the fencing is actually in the right-of-way and it is blocking the entrance of their business which poses business problems and safety problems. She entered a photograph into the record depicting the view from the front door of their business. Ms. Sullivan stated in December 2007 the developer was granted a conditional use request and there were conditions agreed to by both the Commission and the Developer and she would like to see those things happen because it is better for the community at large if we see well maintained lots as opposed to a blight appearance. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, inquired about what this is actually going to be. 9 11/17/09 There being no one else from the public who wished to address the Commission regarding the conditional use extension request, the public hearing was closed. Mayor McDuffie explained that this is going to be residential on the top and commercial on the bottom. Mr. Fetzer stated he supports the conditions and understands what Kevro's is faced with. He stated the condition is realistic and good under the economic situation we are in now to keep that property where it is not a detraction for other businesses in that area. Mr. Fetzer stated we should give the new developer the benefit of the doubt and not require the plat at this point and take them at their word that they are going to improve the site within 90 days. Therefore, he supports the first condition but not the second condition. Mr. Eliopoulos concurs with Mr. Fetzer about supporting the first condition. Mr. Frankel stated he agrees with the first condition and noted that the lighting is poor in this area. Mayor McDuffie stated he was at Kevro's for the film festival and it hampered the parking because the fence was up. He stated he feels it was well intentioned to put the fence there to help protect everything; however, the City found that it stopped anyone from being able to clean debris out from inside the fence from bottles, etc. that were thrown over the fence. Mayor McDuffie stated he supports removing the fence completely and noted that it is an extension so if the fence does not come out the extension is null and void. After discussion, it was the consensus of the Commission to support the first condition only. 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. Fetzer moved to adopt the Board Order with Condition "A", seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUESTS AND PLAT APPROVAL/HAPPY TOGETHER PLAT: Consider a request to waive the minimum lot width and frontage requirements for one lot and approve the final plat for creation of a two -lot subdivision known as "Happy Together Plat" located at the northwest corner of N.W. 9th Street and N.W. 4h Avenue. (Quasi -Judicial Hearing) 10 11/17/09 Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he had no discussions but he was copied on emails (emails referenced by Mr. Fetzer and Mayor McDuffie). Mrs. Gray stated she had no ex parte communications to disclose. Mr. Fetzer stated he had one email message from a resident that he will forward to the City Clerk's office for the record. Mayor McDuffie stated he too received one email which he will forward to the City Clerk's office. Paul Dorling, Director of Planning and Zoning, stated this is a certification of a final plat and approval of two waivers for a 0.81 acre site to subdivide it into two single family lots. The subject property is located within the Lake Ida Neighborhood Overlay District and is located at the northwest corner of N.W. 9th Street and 4th Avenue. The existing home will remain on lot 1 and the undeveloped western portion of the property will become lot 2. Mr. Dorling stated the two waivers are to frontage and lot width. The current Code requires a 100 foot lot and because of setbacks on the rear of this structure it is proposed at a width of 90 feet. He stated the waiver would allow a reduction from 100 feet to 90 feet wide because the lot far exceeds the minimum depth as noted in the staff report as well exceed the minimum lot size. Mr. Dorling stated relief is requested of 10 feet for the front width and frontage. He stated the required findings to LDR Section 2.4.7(B)(5) are made in the staff report and are attached as part of the City Commission documentation. Mr. Dorling stated it shows that the lots immediately adjacent to it exceed the 100 feet but there are several lots in the area that are less than the 100 feet required. Staff recommends approval. Lennie Smith, 333 N.E. 2"d Street, Delray Beach, FL, represents the applicant's agent who is the current property owner and with her husband under contract to purchase a proposed lot if the plat is approved, stated their intention is to build a home on lot 2 for their family and the agent's intention is to sell the existing residence which he currently lives in to a third party. Mrs. Smith stated they are aware of one of the emails sent to the Commission from their neighbor to the west and her husband contacted him and showed him the plans. She stated her neighbor was under the impression that this was one buyer that was going to sub -divide the property and resell. However, Mrs. Smith stated he was happy with the plan and asked that they give him extra landscaping on his side which they intend to do. Mr. Dorling entered into the record an email that was received late. There was no cross-examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to address the Commission regarding the waiver requests and plat approval, to please come forward 11 11/17/09 at this time. Paul Schmitt, 945 Hibiscus Lane, Delray Beach, FL 33444, stated the property of lot 1 had more than enough room to give them the extra ten feet and does not understand why that was not done when this land was separated out. Mr. Schmitt stated if we are going to change the frontage from 100 feet he does not understand why we just don't make this all 90 feet. He stated he has a piece of property that is 180 feet and if he separates the two pieces of property it is worth a lot more money because he can replat it. However, Mr. Schmitt stated he would not want to go through this same ordeal. He stated it seems silly that someone cannot build a house there but it also seems silly that they cannot get the proper space required. Mr. Schmitt stated if the City is going to make these allocations for 90 feet that it is done in the entire neighborhood. He feels that the City should have everything stay at 100 feet or make everything 90 feet. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, expressed concern that a single-family home is going to be built on such a small lot. She commented about the "Happy Together" plat name and stated people in the surrounding homes may not be able with all the construction and trucks going through this area. There being no one else from the public who wished to address the Commission regarding the waiver requests and plat approval, the public hearing was closed. Mr. Dorling stated the dimension is approximately 199 feet and noted this is about a foot off the dimension necessary to accommodate two 100 foot lots. He stated the reason the 90 feet was selected is to provide the rear setback for the existing house while theoretically it could be done at the 100 foot that would then make the rear setback non -conforming. Mr. Frankel stated in the memo it states that the residence was constructed in 1972 and asked if the same owner owns the home. The City Manager stated the present owner has lived there for approximately 20 years. Mr. Frankel briefly discussed the graphic where the greens have less than 100 feet and yellow is for the 100 feet and over. Mr. Frankel asked why there are so many green houses. Mr. Dorling stated this lot is in the R -1 -AAA location and the area that is in the green surrounds the property and is in an R -1 -AA which allows a slightly smaller lot. Mrs. Gray stated she is a firm believer in what you do for one you should do for all. She stated given the fact that there are green spaces and smaller lots she will support this request. Mr. Fetzer stated he was happy to see the second email from the neighbor immediately to the west and he felt that the developer is willing to work with him and provide additional landscaping and fencing. He stated this shows a willingness of this developer to try to do this with as little impact to the neighbor as possible. Therefore, Mr. Fetzer stated he supports this request. 12 11/17/09 Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.C. SERVICE AUTHORIZATION NO. 07-05/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 07-05 in the amount of $1,136,485.00 for the design of the Federal Highway Enhancements Project. Funding will be provided by Community Redevelopment Agency and 334-3162-541-68.52 (General Construction Fund/Other Improvement/Federal Highway Beautification). Randall Krejcarek, City Engineer, stated this is a request for approval/authorization for the Mayor to execute the service authorization #07-05 with Kimley-Horn and Associates, Inc. (KHA) for the design of Federal Highway Enhancement Project #2009-009. Mr. Krejcarek stated in May 2009 staff did a presentation to move forward with the detail design or go back to the three lane section on US -1. Staff was given direction to enter into an agreement with Kimley-Horn to try and get the design going. Mr. Krejcarek stated staff is not only working with Kimley- Horn but also with the Florida Department of Transportation (FDOT) since then to try and iron out all the details because of all the different funding sources involved in this project. Staff has come to that conclusion and this is the service authorization that is front of the Commission this evening. The limits are both northbound and southbound Federal Highway from just south of S.E. IOm Street because there is resurfacing money through FDOT involved in this project also and that limit is just south of S.E. IOm Street to just north of George Bush Boulevard. Staff recommends approval. Mr. Eliopoulos asked how the fee is established. Mr. Krejcarek stated because this is a project that has Federal and State funds and may have local funds involved with it, the Federal funds fall underneath what FDOT considers a LAP (Local Agency Program) project and they have certain requirements that have to be met. Mr. Krej carek stated when FDOT does a resurfacing project there are certain things they also need to do that are also in the service authorization. He stated not having done those before in the City in this type of a contract he called a couple of other consultants and asked what they typical fee is for FDOT when they do these types of projects and typically the fee is around 15-18% and the City is down around 10%. Mr. Fetzer stated we have a lot of different funding sources and asked if part of the design specifications help us if we have to phase this project to approach it in that regard or is that part of the design consideration. Mr. Krejcarek stated FDOT has asked that the City approach the design as one project because they feel that they will get the best price for the entire project if the City does this as one large project. Mr. Krej carek stated with regards to funds for construction, as staff moves along in the design and realizes that they may be running a little short on the construction side they can take things out of the project. He stated one of the grants the City has is for the reconstruction part between S.E. 2nd Street and N.E. 2nd Street. Mr. Krejcarek stated another grant the 13 11/17/09 City has is for northbound Federal Highway from S.E. 10th Street to George Bush Boulevard. He stated the City has flexibility with changing the scope of the project in order to match the funds available for construction. Mr. Eliopoulos stated he does not want to run into the problems that the City ran into with the one-way pairs. Mr. Krejcarek stated this project includes the signalization at S.E. 1st Street and S.E. 5th Avenue which is the one-way pair and it will also include the signal at N.E. 1st Street and N.E. 5th Avenue which is also part of the one-way pair. He stated those are the two signalized intersections that are causing the City the bipest issue on the one-way pair. Mr. Krejcarek stated regarding the S.E. 1st and S.E. 5t Avenue signal, in order to accommodate two-way traffic on S.E. 1st Street, FDOT needs to put in new poles because the existing poles with not handle the additional signal heads going up because there is no right-of-way for the additional poles. He stated the existing poles are causing an issue with the amount of clearance that they have so the poles have to be outside the right-of-way. Mr. Krejcarek stated he is waiting on a design from the County so he can ask the property owners about getting a temporary easement. He stated the issue on N.E. 1st Street has to do with the loading of the poles; they are concrete poles not wood poles like S.E. 1st Street but FDOT wants the poles to be the 140 mph wind resistant and he is working through this issue with FDOT. Mrs. Gray asked if staff has identified all the monies that we need for this project. Mr. Krejcarek stated the City has about $4 million for the entire project from S.E. 10th Street to George Bush Boulevard. However, he stated the City has recently submitted a grant application through the stimulus project through FDOT and their TIGER (Transportation Investment Generating Economic Recovery) Program. Mr. Krejcarek stated the Secretary of Transportation gets to allot the money. Mr. Krejcarek stated staff combined that application with Martin Luther King Drive to fund the remainder of US -1 but also to fund the Martin Luther King Drive project so the total the City is asking is $8 million. Mayor McDuffie commented about the temporary easement from the landowners once the signalization is complete and the mast arms go out then the City will no longer need the easement. Mr. Krejcarek stated this is correct because it will be in the right-of-way. Mr. Frankel moved to approve the Service Authorization No. 07-05 with Kimley-Horn and Associates, Inc. in the amount of $1,136,485.00 for the design of the Federal Highway Enhancements Project, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three (3) At Large Representatives and one (1) Citizen At Large Representative to the Kids and Cops Committee to serve two (2) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner 14 11/17/09 Fetzer (Seat #2). Mrs. Gray moved to reappoint Officer Francis Moschette as an "At Large Representative" to the Kids and Cops Committee to serve a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to reappoint Jennifer Buce as an "At Large Representative" to the Kids and Cops Committee to serve a two (2) year term ending July 31, 2011. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to reappoint Phyllis Willingham as an "At Large Representative" to the Kids and Cops Committee to serve a two (2) year term ending July 31, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint Cory Cassidy as a "Citizen At Large Representative" to the Kids and Cops Committee to serve a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 61-09: Consider approval of Resolution No. 61-09 in order to show the City's support for saving the Tri -Rail. (Addendum) The caption of Resolution No. 61-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN ORDER TO SHOW THE CITY'S SUPPORT FOR SAVING THE TRI - RAIL; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 61-09 is on file in the City Clerk's office.) The City Manager stated this is a resolution supporting a special session of the Legislature to deal with the Tri -Rail funding with several different Metropolitan areas throughout the State. He stated the City was asked to consider this resolution of support. The City Manager stated the Speaker of the House has indicated that he is ready to call a session but so far the Senate President has not taken action on this issue. 15 11/17/09 Mayor McDuffie noted he is on the Metropolitan Planning Organization (MPO) Committee and stated through all the years and successes we have seen with Tri - Rail and during the recent gas crunch and ridership increases, the expenses in dual tracking and everything like that, there has never been any dedicated source of funds in the State of Florida for Tri -Rail. He stated Tri -Rail has been living on grants from Palm Beach County, Broward County, and Dade County. Mayor McDuffie stated the City has been asked a number of times to send letters of recommendation and at this point to do a resolution from the City of Delray Beach. He stated he feels this is very appropriate to support. Mr. Eliopoulos moved to approve Resolution No. 61-09, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non -Agenda Items from the City Manager and the Public. 1LA. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.11. From the Public. 11.11.1. Kevin Rouse, 1002 Lakeshore Drive, Delray Beach, FL 33444 (business owner with business located at 166 S.E. 2° Avenue) discussed the future of S.E. 2" Avenue and how they are going to support the businesses that are there. Mr. Rouse stated they use signs to get people to come to their place otherwise you have to drive around the whole neighborhood to get there. He stated there is going to be removal of the signs and stated the road has been closed for approximately one year. Mr. Rouse stated as the road is opened he suggests reprogramming the community for that same time period on only these two particular signs and allowing them to be there pointing the arrows in the direction where his business is located. He stated there have been signs there "Do Not Enter" and "Detour" for the last year and when the road is open people will be using it. With regard to the businesses, Mr. Rouse stated he would like to have that available because people will think the businesses are going to the right as the signs indicate right now. Therefore, Mr. Rouse stated this would give people a chance to reprogram themselves to know that there are businesses down at the end of the street. In addition, Mr. Rouse briefly discussed the design of valet parking and the consistent speeding in front of his business all night long. He stated he believes what is happening is that the cars are parked too far away from the valet so the valet attendants have to run to the cars and customers are all waiting and then the valet attendants are rushing back to the valets. Mr. Rouse suggested that there be a design to allow the valets enough time to get to the cars and come back so that they do not have to rush because the City does not have enough police force to manage this consistent problem. He stated the valets are 16 11/17/09 very important for the City to make a lot of business; however, Mr. Rouse stated there should be a design on the valets so that in that area they are not speeding so much because it is very dangerous. Mr. Rouse stated the City was so helpful in helping FPL install three light poles on the street up to their property. He stated recently several new businesses have started and one of them has come to him and has mentioned that they felt it was a little dark. Mr. Rouse stated there appears to be another void between his business and S.E. 2nd Street and there may be a need for another light there. 11.B.2. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, complimented the City on the improvements that are being made to Atlantic Avenue. Ms. Moody briefly discussed the landscaping and stated the palm trees do not enhance anything. She stated palm fronds fall and crush the plants that they land on. She stated then the City has to spend money to replace the palm trees and noted this is wasteful. Ms. Moody commented about the plugs that are installed for the lights on the palm trees and stated the casings on these plugs are broken and are being destroyed. Secondly, Ms. Moody wished everyone a Happy Thanksgiving. At this point, the time being 6:26 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 58-09: Consider a privately -initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 1.73 acre parcel of land located at 1900 North Federal Highway, formerly known as Motorsport of Delray. (Quasi -Judicial Hearing) office.) The caption of Ordinance No. 58-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 150 FEET NORTH OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-09 is on file in the City Clerk's 17 11/17/09 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. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 1.73 acre parcel located at 1900 North Federal Highway, on the west side of North Federal Highway, approximately 150 feet north of Allen Avenue. Mr. Dorling stated the property was rezoned from SC (Specialized Commercial) to AC (Automotive Commercial) with the citywide rezoning of 1990. Subsequently, on January 23, 1996, the property was rezoned from AC (Automotive Commercial) to SAD (Special Activities District). In October 1998, the parcel was rezoned from SAD to AC in order to accommodate the sale of motorcycles, all -terrain vehicles and small boats with an associated full service repair facility (formerly known as Motorsports of Delray). The Motorsports operation has vacated the site and the site and building is currently vacant. The owner now wishes to market the property for office/commercial uses. At its meeting of October 19, 2009, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request and the Board recommended approval with a 6 to 0 vote. Fred Griffin, represents the owners of this property, stated the property has been vacant for 1 '/z years and urged the Commission approve this change in zoning. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 58-09, to please come forward at this time. There being no one from the public who wished to address the Commission regarding Ordinance No. 58-09, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 58-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.B. AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2007 - 2008): Consider approval to amend the CDBG Annual Action Plan (FY 2007-2008) to include $70,000.00 toward funding Public Facilities and Improvements located within the CDBG target areas. Funding is available from 118-1963-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). 18 11/17/09 Lula Butler, Director of Community Improvement, stated this item is a request to amend the 2007-2008 Community Development Block Grant (CDBG) Annual Action Plan to move $70,000.00 from the housing rehabilitation line item to infrastructure. The U.S. Department of Housing and Urban Development (HUD) requires that unused CDBG funds from prior years shall be considered as funds available for reallocation unless the appropriation under which the funds were provided to the Department has lapsed and that has not occurred. Staff received approval from the Commission on March 17, 2009 allocating $100,000.00 from this line item into infrastructure. Mrs. Butler stated staff has one more project to do in partnership with the Engineering Department and building a new road on Douglas Avenue. An advertisement regarding the reallocation of funds was published in the October 8, 2009 edition of The Palm Beach Post followed by a 30 -day period in which written comments could be submitted. To date, no comments have been submitted. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Amendment to the CDBG Annual Action Plan for fiscal year 2007-2008, the public hearing was closed. Mr. Eliopoulos moved to approve the Amendment to the Community Development Block Grant (CDBG) Annual Action Plan for fiscal year 2007-2008 to include $70,000.00 towards funding Public Facilities and Improvements located within the CDBG target area, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:31 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 59-09: Consider a CRA -initiated ordinance modifying the Community Redevelopment Plan; finding that the modifications conform to the Community Redevelopment Act of 1969, as amended; finding that the modifications are consistent with the City's Comprehensive Plan, and making further findings pursuant to applicable requirements of Florida Statute 163.360. If passed, a public hearing will be held on December 1, 2009. The caption of Ordinance No. 59-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS 19 11/17/09 office.) ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 59-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Dorling stated at its meeting of November 16, 2009 the Planning and Zoning Board considered the text amendment and recommended approval; at its meeting of November 4, 2009, the Pineapple Grove Main Street Executive Board reviewed the amendments and recommended approval; at its meeting of November 9, 2009, the Downtown Development Authority (DDA) reviewed the amendments and recommended approval; and at its meeting of November 11, 2009, the West Atlantic Avenue Redevelopment Coalition (WARC) reviewed the amendments and recommended approval. Mr. Dorling stated the DDA wanted to be mentioned in the portion of the Plan that talked about West Atlantic Avenue and that has been added to the Plan. Diane Colonna, Executive Director of the Community Redevelopment Amu (CRA), stated the main programs that are being modified have to do with outlining some economic development initiatives. Ms. Colonna stated the CRA hired Francisco Perez-Azua who is the relative new Economic Developer who has been working on job creation programs and artists' initiatives, etc. She stated the CRA has had many meetings with Chamber groups and with art groups and they would like to put language in the Community Redevelopment Plan that gives them the authorization to go forward and budget for some of these items. Ms. Colonna stated the biggest additions in the Plan have to do with creating some economic development incentives such as tax credit programs and programs where the CRA provides land for new buildings and noted this will solidify that the CRA offers that land either at reduced rates or they can partner with developers if they need to be a catalyst and make some new development happen. She stated they are considering business incubation programs and other economic development support tools and financing methods. Ms. Colonna stated the CRA has supported cultural institutions and arts programs but they are looking at creating an artist co-op and supporting the objections that were in the Cultural Plan that was done by Colletta & Company a few years back and looking at providing staff support potentially to the City Collaborative. She stated the CRA's role in the South County Courthouse expansion is mostly completed unless the Commission wants to go forward with the second phase of the garage. The CRA is also reducing the description of their role with the Osceola Park Redevelopment Plan since the neighborhood objected to being assessed anymore for those improvements. The City backed off on doing the assessment district and the CRA's role got reduced. The CRA is making changes to modify what has 20 11/17/09 happened with the Carver Estates Plan, and with the partnership with the Delray Beach Housing Authority. Ms. Colonna stated the CRA had a much larger funding role in that Plan previously and the CRA Board voted to back off of that. She noted that the CRA is changing some of the language as far what they are participating in. Ms. Colonna stated the CRA is still supporting subsidies to support affordable homes and they are still interested in the job creation component. Ms. Colonna stated there are some minor modifications to the West Atlantic Avenue Redevelopment Plan, the Downtown Master Plan, and the Southwest Neighborhood Plan emphasizes specific components that they are doing promoting public parking, Federal Highway improvements, changing the description of what's happening with the implementation committee that used to meet on a quarterly basis and now those meetings have been discontinued. Ms. Colonna stated the modifications also include updating the maps and the financial table. Mr. Frankel stated the CRA does amazing things in particular the South County Courthouse expansion; however, as part of the things that has gone on, there is a huge parking lot in the back that has never been used because they were not open. He stated this causes the problems with the garage where he feels that was intended for individuals going to the Courthouse and going to the library but they are being forced to park higher and higher because the employees in the Courthouse and the Police Officers who go there are not getting access to the back. The City Manager stated Mr. Dorling could look at what their conditions of approval were when they received their approvals from the City to build it. Mr. Dorling stated they recently came in for gates to be installed to control access for employees and it may relate to those improvements being held up by their contractor. Mr. Dorling stated staff will look into this. Mrs. Gray stated she appreciates what the CRA is doing all over the city and asked if the CRA will be providing the down payment subsidies for workforce housing instead of the low and very low income. Ms. Colonna stated the CRA has always tried to go to the moderate income level (120%). Mrs. Gray referenced a date of December 2009. Ms. Colonna stated this should be changed to December 2008. Mrs. Gray asked if the CRA can give some type of incentive or grant for businesses that may only have one employee. Ms. Colonna stated the CRA Board has discussed that and noted she could ask them to revisit the Business Assistance Program whereas new businesses are creating at least one other job in addition to the owner. Furthermore, Ms. Colonna stated the CRA is hoping to see new development on West Atlantic Avenue and they have been in discussion with FAU about doing a technology business incubator. She noted the CRA has two large sites especially the 9th Avenue site which is approximately four acres. Mr. Frankel moved to approve Ordinance No. 59-09 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 21 11/17/09 12.B. ORDINANCE NO. 60-09: Consider a city -initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. If passed, a public hearing will be held on December 1, 2009. The caption of Ordinance No. 60-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, IN ACCORDANCE WITH SECTION 163.506, FLORIDA STATUTES; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE DELRAY BEACH CITY COMMISSION AS THE BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING AUTHORIZATION FOR THE DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP TO ONE MILL ANNUALLY; PROVIDING AUTHORIZATION FOR DISTRICT USE OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 163.514, FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY THE CITY COMMISSION BY RESCINDING THE ORDINANCE; PROVIDING FOR THE CODIFICATION OF SECTION 2 OF THIS ORDINANCE AS A NEW ARTICLE 8.7, "CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT"; PROVIDING A SAVING CLAUSE, A GENERAL REAPLER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 60-09 is on file in the City Clerk's office.) The City Attorney noted a change to the caption of the ordinance. The caption currently reads that the cap would be "two mills" and this should be "one mill". This will also be changed in the body of the ordinance to reflect that change. Paul Dorling, Director of Planning and Zoning, stated this is a City - initiated amendment to the Land Development Regulations to create the Chatelaine Local Government Neighborhood Improvement District. Mr. Dorling stated this will include the entire Chatelaine subdivision which is approximately 201 single family lots. On October 6, 2009, the City Commission approved an ordinance authorizing the creation of local government neighborhood improvement districts as identified under Florida Statute 163.506. The creation of a neighborhood improvement district is proposed to address a unique situation currently experienced by the Chatelaine subdivision. In 2008, the City 22 11/17/09 finished installation of $150,000.00 of improvements associated with a Strategic Task Team Neighborhood Action Plan for the Chatelaine subdivision. These improvements included landscaping and signage for three entrances; installation of sidewalks; a roundabout; and other traffic calming features, including chicanes and speed humps. These improvements were maintained by the City for the first year and then landscaping and signage became the maintenance responsibility of the neighborhood. The neighborhood has a voluntary homeowners association which includes voluntary homeowners' dues. The neighborhood has been unable to collect sufficient dues to adequately fund the maintenance of these types of improvements within individual neighborhoods. Mr. Dorling stated the community came to the City for solutions and this was one that was allowed by Florida Statute and is now before the Commission for its creation. He stated it covers 50.12 acres consisting of single family residences and includes 201 single family lots. Mr. Dorling stated it would also allow an assessment of up to one mill and would allow the authorization to apply and receive planning grants; implement an advisory council with no less than 5 or more than 7 members that must own real property as well as reside in the District. At its meeting of November 16, 2009, the text amendment was considered by the Planning and Zoning Board. The Board was originally opposed to the consideration of the overall district citywide and was similarly opposed in totality last night to this specific district as well. Mr. Dorling stated the Board did not want to allow additional taxing of individuals within the City. Staff recommends approval at this time. The City Manager recommends that the Commission approve this ordinance on first reading and move it to public hearing. Before the public hearing, staff will notify every property owner in the subdivision individually that there will be a public hearing on December 1, 2009. He stated there are some things in the subdivision that the City does maintain such as all the hardscape (i.e. sidewalks, etc.). However, the City Manager stated the City takes care of landscaping in the median on major highways but not inside neighborhoods. Mr. Eliopoulos stated he would like to know if this is really representative of what the neighborhood wants. The City Manager stated staff had meetings with the neighborhood association for a couple of years and they were told at the time that the City would maintain it the first year and after that it was their responsibility. Mr. Fetzer stated since associations are voluntary it is tough to get membership involved in what is going on and the word does not always get out. He would support this ordinance going to second reading so that the Commission is assured that everyone is informed and they can hear from the public. Mayor McDuffie stated there was a point made by a resident of Chatelaine and member of the Planning and Zoning Board that if the City is going to inform the neighborhood that it be done on a bilingual basis in Creole because there is a large Haitian population in Chatelaine. 23 11/17/09 Mr. Eliopoulos moved to approve Ordinance No. 60-09 on FIRST Reading as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 13.A. City Manager The City Manager stated this Thursday and Friday is the Florida League of Cities Pre -Legislative Conference in Orlando. He stated he will be going up for the day on Thursday and will return on Thursday evening for Bill Wood's roast. 13.B. City Attorney The City Attorney had no comments and inquiries on non -agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he had a meeting at Plumosa Elementary School of the Arts last Tuesday and they had a good group. He stated Janet Meeks was there along with Beth Johnston, President of the PTA, several parents, and one representative from the School District who is the coordinator for all the magnet schools and there was discussion about the new school and they are on target to move into the new school next year. Mr. Fetzer stated they also discussed the future of the old school. Mr. Fetzer suggested to them that the City Commission have a Workshop presentation at some point when Janet Meeks, Education Coordinator, is able to solidify some of the proposals. They are looking for the City to help them to lobby the School Board to get some things done that they are trying to do in the future. Mr. Fetzer stated Janet Meeks, Education Coordinator, will be bringing something to the Commission through the Education Board about this. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments and inquiries on non -agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated she would like the Commission to revisit having the Goal Setting sessions. Secondly, Mrs. Gray asked with regard to all the dollars that are being put into the S.W. 12m Avenue redevelopment area, if Mrs. Butler could do a Workshop on the Neighborhood Resource Center (NRC) and the other non-profit programs that are in that area. 24 11/17/09 13.C.4. Mr. Frankel Mr. Frankel stated this week he received an email from Mr. Jack Warner who is a member of the Financial Review Board and he and other members of the Board are anxious to start working. The City Clerk stated Joe Safford is looking at having a meeting around the first part of December. Secondly, Mr. Frankel stated last night he was at Old School Square for the parking study and noted that the people who were selected to do the parking studies is sharp and he looks forward to hearing the results of the study. Lastly, Mr. Frankel stated he attended the Progressive Residents of Delray (P.R.O.D.) luncheon on Sunday and congratulated Gerry Franciosa who is the new President of P.R.O.D. Mr. Frankel stated he looks forward to working with P.R.O.D. and feels that they are going to be a very influential group and very good for the City. 13.C.5. Mayor McDuffie Mayor McDuffie stated he attended the Grand Opening of the Beach Club and it was a very nice evening. He stated the crowd was good and the Beach Club has done a nice job with the remodeling. Secondly, Mayor McDuffie stated he had the opportunity to give the Keynote Speech at Principal for a Day and it went very well. He stated he had a meeting at Atlantic High School where they discussed the Mayor's Literacy Initiative and they are looking to enhance their Media Center and put classroom libraries in. Mayor McDuffie stated he was working with them on a PEW Grant and the grant amount is $40,000.00. In addition, he stated the City is going to be looking at a book drive for a number of the schools including Atlantic to get some more material in. Mayor McDuffie stated Dr. Weigel mentioned to him that 51-56% of the incoming 9th graders over the years that she has been there are not reading on level. He stated they introduced him to some new books that the kids really love and it is a combination of a novel and a comic book (more graphics in the books). Mayor McDuffie stated some of these books are 900 pages long and the secret is to get the kids interested in reading. He stated in many cases we need to re -invent the libraries and the books that these kids get to check out and read so that they read for pleasure. Mayor McDuffie stated he attended a meeting yesterday with the Chambers of Commerce of Boynton Beach, Boca, and Delray, Commission representatives from all three cities and Business Development Board. He stated this was a great meeting and there was discussion of incentives and a suggestion that cities put some funds away for incentives because there was a deal that was closed in Palm Beach Gardens where the city came up with $200,000.00. Mayor McDuffie stated they are going to be holding two more of these meetings in the next couple of weeks and suggested that if the Commission gets the opportunity to sit in on one of these meetings 25 11/17/09 to do so. He stated the next meeting will be held at the Chamber of Commerce in Boca Raton on Tuesday, December 1, 2009. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:06 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 November 17, 2009, 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. 26 11/17/09 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Elio oulos Gary Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard I SERVE IS A UNIT OF CITY COUNTY yWH€CH )MDITY CI COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City of Delray Beach Delrgy Beach, Florida Palm Beach DATE ON WHICHVOTE OCCURRED MY POSITION IS: 11/17/2009 XK ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM SB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 112000 Item g._ B PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Cary P. Eliopoulos , hereby disclose that on November 17 -'20 09 : (a) A measure came or will come before my agency which (check one) %% inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Eliopoulos Architecture, Inc. is the architect for the project. November 17, 2009 Date Filed ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 MEMORANDUM TO: David T. Harden, City Manager THRU: Lula Butler, Director Community Improvement FROM: Janet Meeks, Education Coordinator SUBJECT: Mayor's Literacy Initiative Delray Beach ... Get Caught Reading! DATE: November 18, 2009 Atlantic Community High School has partnered with the Palm Beach County Education Commission and the City of Delray Beach's Get Caught Reading program and are proud to announce the Mary and Robert Pew Public Education Fund grant award of $40,000 to create and expand classroom libraries at the school. A major goal of this challenge grant is to provide 160 teachers with their own classroom library to encourage a lifelong love of leisure reading. Get Caught Reading will support core teachers at Atlantic Community High School to further implement the Columbia University's Readers/Writers workshop concept. Teachers will expand their knowledge of instructional and literacy strategies through the further development of rich print libraries filled with reading materials that students will want to read for pleasure while still meeting Sunshine State Standards. Community members and City employees will be encouraged to help mentor struggling readers at the school. The Mary and Robert Pew Public Education Fund grant requires matching funds and Atlantic Community High School would like for the Commission and the public to know how they can participate and promote this great opportunity for their students. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 19, 2009 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWASTER TREATMENT AND DISPOSAL BOARD ACTIONS ITEM BEFORE COMMISSION This item is before the City Commission to ratify approval of the revised Industrial Waste and Pretreatment Agreement by the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board at their Quarter -Annual Meeting on October 15, 2009. BACKGROUND By a vote of 7-0, the SCRWTD Board approved the Revised Industrial Waste and Pretreatment Agreement between South Central Regional and the City of Boynton Beach and the City of Delray Beach. RECOMMENDATION Recommend ratification of the action approved by the SCRWTD Board on October 15, 2009. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 15, 2009 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on OCTOBER 15, 2009 by a vote of 77=0, Approved the Revised Industrial Waste and Pretreatment Agreement between South Central Regional and the City of Boynton Beach and the City of Delray Beach. WHEREAS, said Board action requires ratification by the City of Delray Beach and the City of Boynton 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 , , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney C:IDocuments and SettingslwynnlLocal Settingsl Temporary Internet FileslContent.OutlooklYOL60FYQIDelray Beach Pretreatment Agrmt (2).doc MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 20, 2009 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 TRANSFER OF OUTSIDE COUNSEL/GAUNT, PRATT, RADFORD, METHE & ROCKENBACH, P.AJAPPEALS IN CASES RE: LINDA MARKS ITEM BEFORE COMMISSION Staff requests Commission approval for the transfer of the appointment of the firm Gaunt, Pratt, Radford, Methe & Rockenbach, P.A. for legal services in conjunction with the appeal of the cases involving Linda Marks (psychic cases) to the firm of Methe & Rockenbach, P.A. BACKGROUND At the September 16, 2008 regular Commission meeting, Commission approved the appointment of Gaunt, Pratt, Radford, Methe & Rockenbach, P.A. to handle the appeals for the psychic cases, of which there are six. Kara Rockenback of the firm handles the appeals for the firm. Ms. Rockenbach has recently formed her own firm, Methe & Rockenbach, P.A., where she continues to handle appellate cases. Staff is requesting transfer of handling of the six psychic cases, as set forth in the attached letter, to the firm of Methe & Rockenbach, P.A. All terms and hourly rates will remain the same. RECOMMENDATION Staff recommends approval. METHS ROCKENBACH, P.A. A T T O R N E Y S AT L A W 1555 PALM BEACH LAKES BLVD. SUITE 400 WEST PALM BEACH, FLORIDA 33401 DANIEL C. METHS KARA BERARD ROCKENBACH KRISTI L, BERGEMANN SARA M. KLCO November 5, 2009 R. Brian Shutt, Esq. City Attorney City of Delray Beach 200 NW 1St Avenue Delray Beach, FL 3.3444 RE: Chandler v. City of Delray Beach Lanagan v. City of Delray Beach Whitehead v. City of Delray Beach Van Deusen v. City of Delray Beach Yockl v. City of Delray Beach Leitch v. City of Delray Beach Dear Mr. Shutt: TELEPHONE (561) 727-3600 FAX (561) 727-3601 Enclosed please find my letter dated October 27, 2009 regarding the above -captioned cases that was emailed to you but returned undeliverable. Therefore, I am enclosing the original letter. Please be advised that my temporary telephone number is: 561-310-6883. My office phone lines should be operational on November 11, 2009. Please contact me with any questions. Very truly yours, 4Karaerar>dRockenbach, Esq, KBR/tmb Enclosure RECEIVED NOV 0 9 2009 CITY ATTORNEY GAUNT, PRATT, RADFORD METRE & ROCKENBACH, P.A. A T T O R N E Y S A T L A W Suite 500, Horizons Building 1401 Forum Way West Palm Beach, Florida 33401 Tel. (561) 640-0330 I Fax (561) 471-4240 October 27, 2009 Na Email shutt(iDe .defray-beachA R Brian Shutt. Esq. City Attorney City of Delray Beach 200 NW 1 st Ave Delray Beach, Florida 33444 RE: Chandler v. City of Delray Beach Lanagan v. City of Delray Beach Whitehead v. City of Delray Beach Van Deusen v. City of Delray Beach Yockl v. City of Delray Beach Leitch v. City of Delray Beach Dear Mr. Shutt: Richard H. Gaunt, Jr.* Kent S. Pratt* Stephen R Radford, Jr. Daniel C. Methe Kara Berard Rockenbach Thomas J. Gruseck Kristi L. Bergernann Abby J. Goldman *Board Certified Civil Trial Lawyer Effective August 27, 2009, 1 became a partner and shareholder of Methe & Rockenbach, P.A., 1401 Forum Way, Suite 201, West Palm Beach, FL 33401. My employment with Gaunt, Pratt, Radford, Methe & Rockenbach, P.A. will cease as of October 31, 2009, with the new law firm cc.mmencing its legal representatior of clients. on November 1. 2009..M.y decision represents an exciting opportunity to broaden my experiences, and should not be construed as adversely reflecting in any way on my former firm. I want to assure you that there will be no disadvantage to the City of Delray Beach, as the client, from my move. The decision as to how the matters I have worked on for you are handled, and who handles them in the future, will be completely yours pursuant to the Rules Regulating the Florida Bar, Rule of Professional Conduct 4-5.8. Whatever you decide will be determinative. Please. at your earliest opportunity: (1) Check the appropriate statement reflecting your wishes. (2) Retain one of the two copies of your directive contained herein for your records. (3) Return one copy in the herein by facsimile to .561)471_-4240. To best protect your interest and promote continuity of representation, please respond at your earliest opportunity. Sincerely, Kara BkPrd Rockenbach, Esq. For your records, my new law firm contact information is as follows: METHE&ROCKENBACH, P.A. KARA BERARD ROCKENBACH 1401 Forum Way, Suite 201 West Palm Beach, FL 33401 Telephone (561) 727-3600 Fax (561) 727-3601 kbrock@flacivi[law.com DIRECTIVE OF CONTINUING REPRESENTATION From City of Delray Beach _ Client Name To: Gaunt, Pratt, Radford, Methe & Rockenbach, P.A. Name of Former Firm [ ] I wish to continue being represented by Kara Berard Rockenbach, Please transfer to her at her new law firm, Methe & Rockenbach, P.A., all records, files and property in the possession of Gaunt, Pratt, Radford, Methe & Rockenbach, P.A. as quickly as possible. [ ] I wish to now be represented by Name and Address of other Lawyer I acknowledge that irrespective of my choice, I remain responsible for any fees and costs already incurred. Any fees or costs may be deducted from any trust fund balance held by the firm. Should photocopying of documents be required the charge will be (10) (15) (20) (25) cents per copy. R. Brian Shutt, City Attorney City of Delray Beach ./-/2009 Date MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden; City Manager DATE: November 13, 2009 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 SERVICE AUTHORIZATION NO.07-13/MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Approve Service Authorization #07-13 to Mathews Consulting, Inc. in the amount of $178,642.00 for professional engineering services in the design of Area I IB Reclaimed Water System and other needed water and sewer improvements in the same streets, P/N 2010-074. BACKGROUND The City has successfully completed Areas 1 through 4 and the southern half of 11 (referred to as I IA) as identified in the Reclaimed Water Master Plan (adopted in 2003). The next area identified for supplying reclaimed water is Area I IB, expanding the system on the Barrier Island from Beach Drive north to George Bush Blvd. Also included in this scope is crossing Atlantic Avenue for future service to the the south (Area 12). Attachment A of the Service Authorization identifies the areas under this service authorization. This service authorization is for professional services in the design of Area IIB. Services under this authorization include final engineering design, surveying, geotechnical services, field verifications of existing utilities, permitting, and bidding services required in preparing a bid package for the Area I IB Reclaimed Water Transmission and Distribution system. Also included are design services to address required water and sewer improvements that will be performed along with this project's construction. In addition, the service authorization has an allowance of $20,000 to address any necessary drainage improvements that may be identified through videotape inspections of the system; the inspections are currently underway, however, will not be completed until the begining of 2010. If needed, additional services arising from uncertainties discovered during surveying, field verifications, soils investigations, or for acquiring potential property/easement acquisitions, will require another written authorization from the City. Total cost for Service Authorization #07-13 is $178,642.00. Not including the design allowance for potential drainage improvements ($20,000) and the design related to water/sewer improvements (estimated at $12,000), total design services for the reclaimed system is less than 10% of the estimated $1,500,000 budget. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends approval of Service Authorization #07-13 to Mathews Consulting, Inc. in the amount of $178,642.00 for professional engineering services related to the design of the Area IIB Reclaimed Water System and other needed water and sewer improvements, P/N 2010-074. CITY OI DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07.13 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROTECT NO. MATHEWS CONSULT, PROJECT NO TITLE:- Area 1111 Reclaimed. Water System This. Service Authorization; when executed, shall be -incorporated in and shall become an integral part of the Contract. TITLE: - Agreement for General Consulting Erb i�ig Bering Services I. PROJECT DESCRIPTION The City of Delray Beach has adopted a Reclaimed Water Master Plan (RWMP), (prepared by Mathews Consulting, Inc., October,. 2003) which identifies areas of service for the City's new reclaimed water system. The purpose of the RWMP is to serve as a planning document from which a reclaimed water system can be developed in phases as capital improvements are budgeted and scheduled through a designated time frame. The first Project identified for implementation in the RWMP was "Area. l" and was placed in operation in 2005. The second project(s) identified for implementation in the RWMP were "Area 2" and " Arca.3" and they were placed in operation in 2006. The third project identified for :implementation in the RWMP was "Area 4" and was placed in operation in 2008. The fourth project identified for implementation is "Area Il". The Area 11 RWS will be broken into Area IIA and Area I1B. The Arca IIA RWS was placed in operation in late 2009. The proposed reclaimed water system for "Area 1113" is shown in Attachineirt A. This project involves providing engineering design, permitting, surveying, geotechnical investigations, utility locates (e.g. soft digs) and bidding services for the Area 11B reclaimed water transtnission/distribution system, Project components consist of: Reclaimed water mains (ranging from 6 -inch to 16-inoli diameters), valves, fittings & reclaimed water meter boxes/services. The reclaimed water mains will either be designed as conventional open -cut method of constriction or combination of conventional open -cut and directional drill. Provide 6 -inch reclaimed water stab -out for Lane Subdivision. RWMarea i 1Bcontractt 1/09/09 II. • Roadways — trench repair w/ all roads (with the exception of Atlantic Avenue) to be micro -surfaced. • Replace the 4 -inch force main from Lift Station #19 to the receiving manhole (intersection of Island Drive/Andrews Avenue). • Replace the 4 -inch force main (Lift Station 419A) from the east side of the bridge @ Island Drive to the receiving manhole (intersection of Island Drive/Andrews Avenue). • Replace the 8 -inch water main along Andrews Avenue (from Beach Drive to Island Drive). Possibly use pipe bursting methods of construction based on hard rock in the area. • South Way is a private road. City to determine if South Way has easements for placement of utility improvements. Determine the placement of the reclaimed water main within the roadway or rear easement. • An existing 16 -inch dry reclaimed water main line crosses Atlantic Avenue (from Andrews Avenue to Bronson Avenue); this crossing will be used to connect Area 11 and the future Area 12 across Atlantic Avenue. A 10 -inch connection point w/ valve and plug will be installed on the south side of Atlantic Avenue for Area 12. • An allowance ($20,000) is provided for any drainage design based on the outcome of the City televising the existing drainage piping in the project area. One area of concern for drainage improvements is located at the corner of Harbour Drive/Andrews Avenue. • Replace existing water main on Island Drive (from Andrews Avenue to the west side of the Bridge. The existing water main keeps breaking as the bridge settles. SCOPE OF SERVICES Phase I — Study and Report Phase Not Applicable. Phase II — Preliminary Design Phase Not Applicable. Phase III — Final Design Phase Consultant shall provide final design phase services in accordance with Article III.0 of the Agreement for Engineering Services with the City, dated May 30, 2007. 1. Field Investigation: Field reconnaissance of the proposed pipeline alignment shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. 2. Utility Coordination: Coordination with utility agencies (electric, phone, gas, and cable TV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field -verification information. RWMareal Mcontractl 1/13/09 2 conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2009 format and available As -Built Drawings. Consultant shall coordinate with the City in order to design the proposed reclaimed water transmission/distribution piping in accordance with the requirements and design standards of the City. Drawings (four copies) shall be submitted for City review at 30%, 60%, 90% and 100% Stages. 4. Specifications: Contract documents consisting of "front-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at the 30%0, 60%, 90% and 100% stages. 5. Cost Estimate: At the 30%, 60%, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the level of design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Opinion of probable construction cost (four copies) shall be submitted for City review at the 30%, 60%, 90% and 100% stages. 6. Meetings: Consultant shall attend kick-off meeting and four (4) design meetings with the City and provide written summary of the issues discussed. 7. QA/QC: Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90% and 100% Design Documents (e.g. drawings, specifications and cost estimates). Phase IV — Bidding/Negotiation Phase Consultant shall provide final design phase services in accordance with Article IIID of the Agreement for Engineering Services with the City, dated May 30, 2007. Bid Advertisement: 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 20 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. Demand Star Bid Submittal: Consultant shall furnish the bidding information to the City in electronic format to be used in conjunction with "Demand Star". 3. Pre -Bid Conference: Consultant shall attend pre-bid conference and provide a written summary of issues discussed. RWMareal 1 Bcontract 11/09/09 3 4. Bid Clarification: Consultant 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. 5. Contract Award: 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. 6. Final Deliverable: After Contract Award, Consultant shall furnish the As -Bid design drawings, one (1) mylar set, one (1) set of AutoCAD (Version 2009) files and one (1) set of pdf files in electronic format on CD. Consultant shall also provide one hard copy on 1X of the Contract Documents (i.e. front -ends and technical specifications). Phase V — Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III -E of the Agreement with the City. Other — Pert ittin At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements and to ensure that the proposed reclaimed water main can be installed within Florida Department of Transportation (FDOT) right-of-ways. Agencies anticipated to have jurisdiction over the project include: MOT for work within Atlantic Avenue R -O -W. Permit applications shall be completed as required for FDOT. Associated permit application fees shall be determined by Consultant and paid by City. ■ Utility Permit for crossing Atlantic Avenue, which is a State maintained road. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: ■ Attend up to one (1) pre -application meeting with the staff of each of the regulatory agencies. Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. ■ Respond to request(s) for additional information from each regulatory agency. Other — Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: RWMareat IBcontract 11/09/09 4 Perform up to twenty (20) standard penetration test (SPT) borings to an average depth of ten (10) to fifteen (1 S) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. Other — Survey 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 established project 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 100 -foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. 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 project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Reclaimed Water Mains (pipe diameter, TOP and valves), 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 and City of Delray Beach. Underground piping shall be pot -holed by City in a timely fashion. 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 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. e. Provide and reference benclunarks at maximum 600 -foot intervals. Elevations to be referenced to an existing established City or County Benchmark. RWMarea I 1 Bcontract11 /09/09 5 • The above topographical survey data will be prepared in AutoCAD (Version 2009) format at a scale of V=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. Other — Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately sixty (60) utility locations will need to be pot -holed. Allowance — Drainage Improvements An allowance of $20,000 is included in this Consulting Service Authorization for any drainage improvements that are required in the project area based on the outcome of the City televising the existing drainage piping in the project area. The Allowance will only be used if Authorized by the City. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 5 calendar days of NTP. 2. City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers & laterals, force mains, reclaimed water mains and drainage in the field for the Surveyor in a timely manner. 3. Consultant can assume that all existing and proposed reclaimed water main alignment is within City of Delray Beach and FDOT rights -of --way. 4. City will be responsible for acquisition of easements (including temporary), if required. 5. Atlantic Avenue is a State Road. 6. City is responsible for all permitting fees, including costs of public notification in local newspapers. 7. The Contract Documents will be prepared as a single contract. No pre -purchase of materials and/or equipment is presumed. RWM area I l Bcontract 11/09/09 6 8. A single bidding effort is assumed. Re -bidding of the project is considered an Additional Services Item. 9. City will be responsible for preparation of any descriptions, sketches and acquisition of easements (including temporary construction easements) that may be required. Consultant will identify the location and dimensions of any easements or temporary construction easements required for use of the City to prepare the easement descriptions and deeds. 10. Consultant assumes that no permitting will be required for any minor drainage improvements. This type of work is covered under a "No Notice Permit" from SFWMD. 11. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 12. Consultant assumes that there are no contaminated soils or groundwater in the project area. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as -directed basis in accordance with a written Notice -to -Proceed frons the City Manager. The Notice -to -Proceed issued shall contain the following information and requirements. A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. RWMareal IBcontractt 1109109 7 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice -to -proceed). Refer to Attach ment B for budget summary. En ing eering Services Time per Phase Cumulative Time Survey 6 weeks 6 weeks Final Design 26 weeks 32 weeks Geotechnical(') Field Verification(l) Perwitting121 6 weeks 32 weeks Bidding 8 weeks 40 weeks I11Geotechnical, Srnl,eying, and Field Verification will be completed daring Final Design Phase. 1�1 Permitting will overlap with 100% design Bute frame. * The schedule is based upon conducting a review meeting within 14 calendar days after the City receives the design submittal. All review comments shall be provided to Consultant within 14 calendar days after the City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtauiing comments takes longer to receive. VI. 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 1I, up to the following not to exceed cost for each phase. Refer to Attachment C for budget summary. Engineering Services Estimated Fees Phase III —Final Design Phase $ 69,627.00 Phase IV — Bidding Phase $ 9,087.00 Permitting $ 1,826.00 Surveying $ 42,017.00 Geotechnical $ 11,486.00 Field Verification $ 21,599.00 Out -of -Packet Expenses $ 3,000.00111 Additional Services $ 20,000.00 TOTAL PROJECT COST S 178,642.00 Notes: 1110x1 -of -Pocket Expenses include the following: printing/reproduction and postage. RW Marea 11 B contract 11/09/09 8 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: MATHEWS CONSULTING, INC. Date: Rita Ellis, Mayor David Mathews, P.E., Vice President Witness Attest; Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ^day of , 2009 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement RWMareal Mcontractl 1!09109 9 3ateJ ,2 : Noa. os No, zocs — 80- oa a\Na- S\P,cspenwe\o�i«y\07-13 A,ec ito Recea,ea M!, Sy,e-\Att m,h, ; An, z $ N.E.TST- ST. Is ID Z -- V1� _ FQ- - r_. rTsi Layout Tm At:— A AREA 11 B LEGEND o• SERVICE AREA EXIST. RECLAIMED WATER LINE & SIZE PROPOSED RECLAIMED WATER TRANSMISSION LINE & SIZE PROPOSED RECLAIMED WATER MAIN & SIZE Ly CITY OF DELRAY BEACH MAT H E W S s=A soo' y TECHNICAL MEMORANDUM I r'=soa' soo o soo xAREA 11 RECLAIMED WATER PROJECT CONSULTING INc. f'y i af4'. z $ N.E.TST- ST. Is ID Z -- V1� _ FQ- - r_. rTsi Layout Tm At:— A AREA 11 B LEGEND o• SERVICE AREA EXIST. RECLAIMED WATER LINE & SIZE PROPOSED RECLAIMED WATER TRANSMISSION LINE & SIZE PROPOSED RECLAIMED WATER MAIN & SIZE Ly CITY OF DELRAY BEACH MAT H E W S s=A soo' y TECHNICAL MEMORANDUM I r'=soa' soo o soo xAREA 11 RECLAIMED WATER PROJECT CONSULTING INc. ii z W 2 CU Id- a C L C r Q � ( o �^ U n LL OU U ® I Z Com? ® o. C aD 0 m d o � 0 04 C 6 r. a L LL C S9 0) O O ❑ N N O (� (D�. 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C j O Q1 d y�y�� Cil Q 1.01 (U U _O � 2 GI y Ai cb N c V o (a❑ Q.?� i� +�+ o o V_ (� C �v c ( p o L) U) LoscU❑pp i s �o 0 0 8 c *6 m M � m m m c a� � h ❑ p vr.(ri(ow.- a8i ao m S y v a d)'w c V O C 3 v Y iL� �AU�Cl �.-NM'tLQ(D m❑amUiL � � O' ° an � c4 8 Eo NV)iV)i000VLO(0r- LD ano 2 4.MMC61 1 1 1 MM m V V'tt ItIt iLIA(3 W J� f!}Y)0) �Q Q. D Z L d Q) t O MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 24, 2009 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 AMENDMENT NO 2 TO THE AGREEMENT FOR LEGAL SERVICESMEARING OFFICER ITEM BEFORE COMMISSION Amendment No. 2 for Legal Services/Hearing Officer BACKGROUND Mr. David Schmidt's term as Hearing Officer Code Enforcement cases will expire on December 6, 2009. Mr. Schmidt has expressed an interest in serving as the Hearing Officer for another two (2) years. Per the original Agreement, the term may be renewed by agreement of both the City Commission and the Hearing Officer. Therefore, attached to this memorandum is an amendment to the original agreement extending the term for an additional two (2) years. FUNDING SOURCE 001-2741-524-34.90 RECOMMENDATION City Commission discretion. AMENDMENT NO.2 TO THE AGREEMENT FOR LEGAL SERVICES/HEARING OFFICER DATED DECEMBER 6, 2006 THIS AGREEMENT is made this day of , 20099 by and between DAVID W. SCHMIDT ("Hearing Officer") and the CITY OF DELRAY BEACH ("City"). WITNESSETH: WHEREAS, the Hearing Officer and the City entered into an Agreement for Legal Services/Hearing Officer dated December 6, 2006 ("Agreement") and Amendment No. 1 to the Agreement dated April 3, 2008; and WHEREAS, Hearing Officer and City have agreed to extend the term of the Agreement from December 6, 2009 until December 6, 2011. NOW, THEREFORE, in consideration of the mutual promises and obligations below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, Hearing Officer and City warranting to the other that each has the authority to do so, agree as follows: 1. The recitals set forth above are true and correct and reiterated herein. 2. Section 2, "Term" of the Agreement is hereby amended as follows: The term of this Agreement shall be for etre -(1) two 2 years from the effective date of this Amendment No. 2 to the Agreement unless terminated as provided in this Agreement but may be renewed for additional terms by agreement of both the City Commission and the Hearing Officer. 3. All other terms and conditions of the Agreement and Amendment No. 1 not expressly modified by this Amendment No. 2 remain in full force and effect. IN WITNESS WHEREOF, Hearing Officer and City have set their hands and seals the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowled 2009, by personally known to me or who has produced as identification. 2 CITY OF DELRAY BEACH, FLORIDA Nelson S. McDuffie, Mayor HEARING OFFICER M. David W. Schmidt, Esq. Social Security No.: or Federal Tax No.: ged before me this day of , (name of person acknowledging), who is (type of identification) Signature of Notary Public - State of Florida AMENDMENT NO. 1 TO THE AGREEMENT FOR LEGAL SERVICESIHEARING OFFICER DATED DECEMBER 6, 2006 THIS AGREEMENT is made this 3rj day ofA, 2008, by and between DAVID W. SCHMIDT ("Hearing Officer") and the CITY OF DELRAY BEACH ("City") WITNESSETH: WHEREAS, the Hearing Officer and the City entered into an Agreement for Legal Services/Hearing Officer dated December 6, 2006 ("Agreement"); and WHEREAS, Hearing Officer and City have agreed to extend the term of the Agreement from December 6, 2007 until December 6, 2009. NOW, THEREFORE, in consideration of the mutual promises and obligations below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, Hearing Officer and City warranting to the other that each has the authority to do so, agree as follows: The recitals set forth above are true and correct and reiterated herein. 2. Section 2, "Term" of the Agreement is hereby amended as follows: The term of this Agreement shall be for one (1) two 2 years from the effective date of this Amendment No. 1 to the Agreement unless terminated as provided in this Agreement but may be renewed for additional terms by agreement of both the City Commission and the Hearing Officer. 3. All other terms and conditions of the Agreement not expressly modified by this Amendment No. I remain in full force and effect. IN WITNESS WHEREOF, Hearing Officer and City have set their hands and seals the day and year fjrsf-ab6ve wroen. ATTEST- - 1.QV, --City Attorney W z/'d u WI SES: 'v it' TZnI T (S:, (Print or Type Name) r4 J (Print or Type Name) STATE OF FLORIDA COUNTY OF &IP0- MCITDELRAY BEACH, FLORIDA Rita Ellis, Mayor HEARING OFFICER By. David W. Schmidt, Esq. Social Security No.: or Federal Tax No.: 6 5—C6l 8 5C—>9 The foregoing instrument was acknowledged before me this �f 31 day of MA -W14 f , 2008, by 1 > . �M 1 O ] _ (name of person acknowledging), who is personally known to me as identification. (type of identification) 1 4z' �J4 - luj_v Signature of Notary Pilblic - State of Florida NOTARY PUBLIC • STATE OF FLORIDA " Carol A. Crowel `Comr.issinn # DD618539 °.,,,',•� Expires: JAN, :8, 2011 BONDED THRU ATLANTIC UNDING CO., INC. AGREEMENT FOR LEGAL SERVICESMEARING OFFICER THIS AGREEMENT, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City"), and DAVID W. SCHMIDT ("Hearing Officer"), is entered into this It7day of , 2006. WHEREAS, the City desires for Hearing Officer to provide legal services to the City of Delray Beach by presiding over citation appeals hearings. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Duties. The Hearing Officer agrees to preside over citation appeals hearings and agrees to perform the functions and duties specified in Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, including but not limited to: presiding over hearings to be scheduled on the third Tuesday of each month beginning at 2:00 p.m., applying the City's quasi-judicial rules to each hearing which shall include issuing subpoenas to violators and/or witnesses and to obtain evidence for hearings, taking testimony under oath, assessing and ordering the payment of fines and entering findings of fact, conclusions of law, and issuing orders having the force of law in order to command whatever steps are necessary to bring a violation in compliance. All hearings shall be recorded but no verbatim transcripts shall be prepared by the City. Section 2. Term. A. The term of this Agreement shall be for one (1) year from the effective date of the Agreement unless terminated as provided in this Agreement but may be renewed for additional terms by agreement of both the City Commission and the Hearing Officer. B. Nothing in this Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the City Commission to terminate the services of the Hearing Officer at any time, with or without cause, or the Hearing Officer to terminate his or her services at any time with or without cause. The termination shall be effective within seven (7) days after written notice is given as required by Section 10 of this Agreement. Section 3. Compensation. City agrees to pay Hearing Officer One Hundred Seventy -Five Dollars ($175) per hour for Hearing Officer's services, which shall not include travel time or any other expenses, provided however, that in the event the number of hours exceeds five and one half (5 1/2) hours in a month, the total amount due shall not exceed One Thousand Dollars ($1,000) per month. Section 4. Independent Contractor. This Agreement does not create an employer/employee relationship between the parties. Hearing Officer is not entitled to any benefits paid to City employees. It is the intent of the parties that under this Agreement, the Hearing Officer shall be an Independent Contractor which is not an employee of the City for all purposes, including but not limited to, the application of the Fair Labor Standards act minimum wage and 2 overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. Section 5. Taxes. Hearing Officer shall be responsible for all taxes of any kind. An IRS W-2 form will not be provided. The City will provide an IRS Form 1099 required by law. Hearing Officer recognizes that no Federal Income Tax or Social Security will be withheld. Section 6. Indemnification. That Hearing Officer shall indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of Hearing Officer. Section 7. Assignment. This Agreement is a personal service contract and an assignment of this Agreement by Hearing Officer without the written consent of the City is void. Section 8. Outside Employment. Hearing Officer shall be free to contract for similar services to be performed for other entitles or persons while under contract with the City. The provision of services provided for herein is non-exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 3 Section 9. Nondiscrimination. Hearing Officer shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in performance of this Agreement. Section 10. Notices. Notices shall be given by regular first class mail, addressed as follows: City: Lula Butler, Director of Community Improvement City of Delray Beach, Florida 100 N.W. 1S` Avenue Delray Beach, Florida 33444 Hearing Officer: David W. Schmidt, Esq. 140 N.E. O' Avenue, Suite A Delray Beach, Florida 33483 Alternatively, notices may be hand -delivered. Notice shall be deemed given as of the date of personal service or as of the date of deposit in the course of transmission in the United States Postal Service. Section 11. General Provisions. A. This Agreement represents the entire understanding of the parties and supersedes all other written or oral agreements. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. B. Hearing Officer understands that Hearing Officer must comply with all applicable laws and maintain all qualifications required to remain an attorney in "good standing" as defined by the Florida Bar in order to provide the services provided for under this Agreement. That this Agreement shall be immediately deemed null and void and notice of termination, as set forth in Section 2 is not required, if, any at time during the term of this Agreement, Hearing Officer does not abide by all applicable laws or 4 fails to retain qualifications necessary to serve as a Hearing Officer of the City of Delray Beach. 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: � 241 S City Attorney WITNESSES: RN- s i STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: QI David T. Harden, City Manager HEARING OFFICER: By: - j , David W. Schmidt Social Security No.: 3 cS -.So - or Federal Tax No.: The foregoing instrument was acknowledged before me this TV-dayof -/-I OV&n bW 2006, by 7>40 V1, 5 &fW 7 _ who is personally known to me or who has produced as identification. 5 Signature of Notary Public Y " Susan Kiminas • . Ca nasion * DD389500 "���laq�iros F:uary 7, 2009 �.nawrr�r FUn • I�.r.no�, ine. lOa�7p}/ 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 24, 2009 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 DISASTER RECOVERY INITIATIVE (DRWHOUSING REHABILITATION/GRANT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder. Funding for the projects is through the DRI Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder, David J. Thyng, LLC, for the following project: 133 SW 8th Avenue /$18,790 = Total Rehab Cost: $19,551.38 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the DRI Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. FUNDING SOURCE Disaster Recovery Initiative 118-1960-554-49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award to be awarded to the lowest responsive bidder. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 07 -2009 -NS APPLICANT: Yetta Jones PROJECT ADDRESS: 133 SW 8th Avenue DATE OF BID LETTERS: June 26, 2009 DATE OF BID OPENING: July 17, 2009 GENERAL CONTRACTORS ABC General Services, Inc Action Homo Remodeling All Phase Contracting, Inc. Brian E. Rega, Inc. Brigcon Construction Services Built Solid Construction, LLC . CJ Contracting, LLC Citywide Construction Services, Inc. Cordoba Construction Co. Dakota Construction, Inc. David J, Thyng, LLC. DECON Environmental East Coast Restoration Gadsden Property Investment, Inc Grace Construction, Inc. Haywood Construction IQ Constructions, Inc. Jemstone Construction Group, Inc. Joines Construction & Development, LLC L.A.D. Construction, LLC. Lolack Construction Maralago Construction Co. Morgan Contracting Group, Inc. NYC Builders, Inc. Precision Construction Group, Inc, Ray Graeve & Sans Construction, LLC South Florida Construction Services, Inc. Starmark Properties Sun Band Builders Construction, Inc. Unlimited Contractors In -House Estimate: CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: 5% Contingency or $1,000, whicheveris less Rehabilitation Cost Lead inspection Lead Treatment Not applicable Termite Inspection Not applicable Termite Treatment Recording Fees (Paid by City/CDSG) Total Project Cost BID AMOUNT BID BOND 19,760.00 1 Yes 37.120.00 1 Yes 20,880,00 Yes 25,779.00 Yes 18,325.00 No 22,310.00 Yes 17,790.001 Yes Statement of No Bid 36,300.001 No 31.364,00 1 Yes Yes 21,575.001 Yes 21,460.00 Yes 21,970.00 Yes 20,968.00 Yes 24,668.60 [Favid J. Thyng, LLC. $ 17,790.00 889,50 $ 18,679.59 205,00 577.68 89.20 $ 19,551.38 FUNDING SOURCE: Disaster Recovery Initiative Program Account # 1111000'0-6 . ... COMMENTS: Awarded to lowest responsive bidder. Revised 418108 FFM N c� w o ffi o � o � N ❑ Y �� �a oC b m C O O 2 m �SBSeSSSSeSaeSSSSS �j NN9pp0ww�ppA SAwN NH pW pN CNH pwwcH pss©OSS p� G 'C^Y�] � �' p�pgo�pp`�o`� �tla�` _ ��ryNc`�,�vrFj _pp COC��op©SvQ irj�4w �cev tri_ rypo $ g p S g Isis pp O p O 2 O p S O p_p O O p_p O O p S O 4 V` nom U w n b o S S O o O S O S O S S S 0 v g pp p Cp 6p �$ ei w wWWe�w oppo �pp6 pw wbpFwgwwdppspp pM aqw p g CC pp� ppS S8�pSS Cp�ppG 8O ppOOySp-� en rpswwbanw erpsww pp pw G4C]PPyC�}5�R�5G�G4SH45G�r�O pw pw Qw pw pw pw aj. g� w tS k5 g g n HUN 5Gr��5OQv�P 3S Ni LY � c�S 7G [� 9 A 9 95 g 9- M V 0 9 � .:•Y! 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C C d O R- e� O @% G¢� r N P. of ? u1 a! ief en C C n m �a oC b m C O O 2 m MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 24, 2009 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 CDBG SUB -RECIPIENT FUNDING AGREEMENVURBAN LEAGUE OF PALM BEACH COUNTY ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with the above -listed sub -recipient under the 2009-2010 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 21, 2009, to obtain public comment on the proposed budget for the Community Development Block Grant Consolidated Action Plan for fiscal year 2009-2010. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub -recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1966-554-83.01 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2009-2010. FY 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and URBAN LEAGUE OF PALM BEACH COUNTY, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and URBAN LEAGUE OF PALM BEACH COUNTY, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1700 North Australian Avenue, West Palm Beach, Florida 33407. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Six Thousand, Five Hundred Dollars and 00/100 ($6,500.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments in the amount of $541.66. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly timesheets reflecting actual time worked (in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed Direct Benefit Activity form (monthly); b. Monthly grantee performance reports due no later than the 10th day of each month, showing summary statistics on race, ethnicity, and income level of clients served by the program. c. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2009, to September 30, 2010. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or this Agreement or suspend payments in whole or in part by giving written notice of such termination or 2 suspension of payments and specify the effective date of stipulations of this Agreement, either party shall thereupon have the right to terminate termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. 3 ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation 12 conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an 5 officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. 9 Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 7 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH URBAN LEAGUE OF PALM BEACH COUNTY, INC. M The foregoing instrument was acknowledged before me this day of 200_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA in .01 Mayor ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Urban League of Palm Beach County, Inc. under this Agreement will be to administer a Comprehensive Housing Counseling Program for eligible residents of Delray Beach. At least 51 % of the beneficiaries of a project funded under this Agreement must be low - and moderate -income persons (as determined annually by HUD for the area). The program is designed to enable clients to make informed and reasonable decisions in achieving their housing goals or to assist in resolving their housing problem by using all available resources. In support of these efforts, CDBG funds will be used to offset costs associated with one part-time service delivery position (Delray Beach Satellite Office Coordinator). Supported services under this Agreement include the following: a. Mortgage application assistance b. Pre -mortgage counseling c. Default mortgage counseling d. Money management e. Emergency intervention (including food, energy & shelter assistance) f. Housing discrimination referrals g. Section 8 Housing application guidance h. Reverse mortgage counseling ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs Overtime, shift premiums Page charges in professional journals (research) Participant support costs Patent costs Pension plans Plant security Pre -award costs Professional services Profits, losses on asset disposition Public information service ** Publication and printing costs ** Rearrangement, facility alteration Reconversion costs Recruiting Relocation * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Rental Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination -related costs Training, education Transportation Travel Allowable under limited circumstances. Allowable only with prior permission from the CITY. Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non - owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: ATTACHMENT "D" MONTHLY PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being us Line Item CD Funds Requested Applicant's Match Other Project Funds Total Project Budget ADMINISTRATION: Personnel (# ) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Promotional Professional Services Vehicle Fuel/Mileage Other: (Insurance, etc.) PROGRAM: Acquisition Reconstruction Rehabilitation Installation Demolition Training/Tech. Asst.* Direct Assistance** Rental of Space Purchase/Rental of Equipment Professional Services for Clients Child Care Other: TOTALS MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 24, 2009 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 CDBG SUB -RECIPIENT FUNDING AGREEMENTS/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with the above -listed sub -recipient under the 2009-2010 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 21, 2009, to obtain public comment on the proposed budget for the Community Development Block Grant Consolidated Action Plan for fiscal year 2009-2010. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub -recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1961-554.49-17 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2009-2010. FY 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Seven Thousand Pies u, ndred Dollars and 00/100 ($7,000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse $1,000.00 per seminar/session. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit for each seminar/session conducted, the following documentation: a. An agenda displaying the date, time, and location of the session/seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. f. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2009, to September 30, 2010. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 12 9.2 Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 5 9.6 Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take 9 appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. 7 All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. go The foregoing instrument was acknowledged before me this day of 20, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA in 0 Mayor ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under this Agreement will be to provide a minimum of seven (7) Housing Industry Provider / Community Education Sessions for residents of Delray Beach, including school-age children and community organizations, upon the following terms and conditions: a. All seven (7) seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2009 through September 30, 2010). b. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). c. Each seminar/session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminar/session). d. Reimbursement of expenses will be provided upon completion of each seminar/session, at the predetermined amount of $1,000.00 per seminar/session, with the total maximum reimbursement not exceeding $7,000.00 (for the seven seminars/sessions). e. All seminars/sessions will be open to participants, free of charge f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: 1. Community Education Sessions for civic organizations, community based agencies, social service providers and/or schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. A minimum of four (4) sessions shall be conducted during the period beginning October 1, 2009 and ending September 30, 2010. One (1) of the sessions will focus on the education of children about housing discrimination. 2. Housing Industry Provider Education Seminars for developers, real estate brokers, property managers, financial institutions, and the media/advertising industry. The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. A minimum of three (3) seminars shall be conducted during the period beginning October 1, 2009 and ending September 30, 2010. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs Overtime, shift premiums Page charges in professional journals (research) Participant support costs Patent costs Pension plans Plant security Pre -award costs Professional services Profits, losses on asset disposition Public information service ** Publication and printing costs ** Rearrangement, facility alteration Reconversion costs Recruiting Relocation * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Rental Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination -related costs Training, education Transportation Travel Allowable under limited circumstances. Allowable only with prior permission from the CITY. Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non - owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 24, 2009 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 REVISION/HURRICANE HOUSING ASSISTANCE PLAN (HHAPI ITEM BEFORE COMMISSION City Commission authorization and approval of a technical revision to the City's Hurricane Housing Recovery (HHR) Program, Hurricane Housing Assistance Plan (HHAP), for Fiscal Years 2005-2008, adding the term "moderate" under the Rental Housing Development Strategy "E." BACKGROUND The Hurricane Housing Recovery Program was created for the purpose of providing funds to assist those areas of the state with the greatest housing damage from hurricane Wilma. The Florida Legislature appropriated one-time hurricane housing recovery funds which are available through the HHR program and administered by the Florida Housing Finance Corporation (FHFC). These funds will primarily benefit projects that will best serve the housing needs of the very low-, low- and moderate - income households in the City of Delray Beach. The Rental Housing Development strategy (strategy "E") was designed to provide financial assistance to eligible sponsor organizations with a 0% interest, deferred payment loan for the production of affordable rental housing in the City's established CDBG target area. The original HHAP specifically geared this strategy toward seniors. Amendment #1 widened the scope of citizens who may benefit from the strategy by eliminating the senior requirement. The annual audit of the City's performance under this program identified that the term "moderate household" was omitted from this strategy. The State Auditor acknowledged this as a clerical error and thus required the correction to the document to satisfy the inconsistency. The technical revision is to the HHAP, attached to this item is on page 11. RECOMMENDATION Staff recommends approval of the technical revision to the Hurricane Housing Assistance Plan for Fiscal Years 2005 - 2008 adding the term "moderate" under the Rental Housing Development Strategy "E" which can be found on page 11 of the attached HHAP. CITY OF DELRAY BEACH HURRICANE HOUSING RECOVERY (HHR) HOUSING ASSISTANCE PLAN Fiscal Years Covered 2005/2006, 2006/2007 and 2007/2008 L PROGRAM DESCRIPTION A. Name of County: Palm Beach County Base Allocation Request: $1,000,000 Extremely Low Income Request: Community Planning Request: Name of participating local government(s) or other agencies in the Community Planning Strategy Note: The City is requesting that the 65% homeownership requirement be waived under this Plan to allow for 50% of the total allocation to be spent on the Senior Rental Development Strategy. The City is in dire need of affordable rental units due to the impending demolition of Carver Estates, the only public housing complex in the City of Delray Beach. In addition, the condo conversion boom has resulted in more affordable rental units being taken out of the marketplace than being built. IL HHRP HOUSING STRATEGIES NOTE: Stratezies which are already beim used under the SHIP program as well as new stratezies should be listed in this section. Provide Description: A. Name of the Strategy: Purchase Assistance a. Summary of the Strategy: This strategy assists eligible first-time homebuyers with a 0% interest, deferred payment loan to be applied towards down payment, rehabilitation costs (if applicable), closing costs and principal reductions for the construction of new and/or purchase of existing single family homes, townhouses and villas. New Construction properties must be constructed by approved contractors/developers participating in the City of Delray Beach Housing Renaissance Partnership b. Fiscal Years Covered: State fiscal years 2005/2006, 2006/2007 and 2007/2008. -2- C. Income Categories to be served: Very -low, low-, and moderate -income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award level varies by income category as shown below: Income Number of Persons in Household Category 1 2 3 4 or more 0-50% (Very Low) 44,500 48,000 51,500 55,000 51 —65% (Low) 41,500 44,500 47,500 51,000 65%-80% (Low) 38,500 41,000 43,500 46,000 81%-100% (Moderate) 34,500 36,500 38,500 41,000 The maximum award is limited to $55,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. e. Terms, Recapture and Default: Assistance will be provided to eligible households in the form of a fifteen (15) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $30,000. For amounts equal to or greater than $30,000, assistance will be provided in the form of a thirty (30) year, 0% interest, forgivable deferred loan. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. All loan awards will be secured -3- with a second mortgage / promissory note and will be forgiven on a pro- rated basis specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to the expiration of the note. Qualifying event(s) are considered to be: • sale of unit or transfer of title • the assisted homeowner fails to continuously occupy the home • the unit is rented • unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: • Must be first-time homebuyer(s), which is defined as one of the following: • someone who has not owned a home during the past three years • a single parent who has been divorced and displaced within the 12 months prior to time of application, and whose household includes children under the age of 18 • a displaced victim of domestic abuse • a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13) • must have a bank account -4- • applicant must have an accepted contract for a home and have applied for a first mortgage with a lender • the applicant must have attended and completed an approved home buyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Community Development Division g. Sponsor Selection Criteria, if applicable: Eligible sponsors must meet the following selection criteria: • designated 501(c)(3) non-profit organization under IRS guidelines; • legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; • has demonstrated track record and production experience in the construction and delivery of affordable housing: • possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very -low, low-, and moderate -income households; • preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: New units constructed must be located in the CDBG designated target area. Existing homes must be located within the City's municipal boundaries. Applicants owing money to other assisted housing programs (such as Section 8 and public housing) are ineligible for SHIP assistance until they make restitution. B. Name of the Strategy: Owner -Occupied Housing Rehabilitation a. Summary of the Strategy: This strategy provides 0% interest, deferred payment loans to assist very -low, low-, and moderate -income households to rehabilitate existing owner -occupied single family units. Rehabilitation of units will address interior and exterior building/electrical/plumbing -5- problems, health and safety issues, as well as, retrofit of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender monies will be involved in these rehabilitation activities. b. Fiscal Years Covered: State fiscal years 2005/2006, 2006/2007 and 2007/2008 C. Income Categories to be served: Very -low, low-, and moderate -income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $35,000. However, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to make the necessary repairs and bring the house up to the City's minimum code requirements. e. Terms, Recapture and Default: Assistance greater than $5,000 but less than $20,000 will be provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Loan awards equal to or greater than $20,000 will be provided in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over fifteen (15) years. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. Pro -ration of loan award will occur at a rate specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: • sale of unit or transfer of title (except for major healthcare expenses or by inheritance) -6- • the assisted homeowner fails to continuously occupy the home • the unit is rented • unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: • Applicant may not currently own or have assets exceeding $15,000 (monetary gifts and real estate are included in the asset calculation; retirement accounts are not) • Must be owner/occupant • Mortgage payments and taxes must be current / paid up to date • Must provide proof of current homeowners insurance • Must have a bank account g. Sponsor Selection Criteria, if applicable: N/A. No sponsors are utilized for the Owner -Occupied Rehabilitation program. h. Additional Information: The home must be located in the City's municipal boundaries; the appraised value of the home may not exceed the maximum sales price allowed in the SHIP program for existing units; and the homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. C. Name of the Strategy: Land Acquisition a. Summary of the Strategy: This strategy will provide funds to acquire properties for future development by non-profit, public agencies or for- -7- profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be donated and/or sold, competitively to non-profit agencies that will use the Delray Beach Renaissance Program for the development of the property. Properties sold competitively to for-profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with -in one year immediately proceeding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. If property is sold to a for-profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to the following: • Financial strength of the agency • Ability of developer to complete the development by the deadlines established by the State • Capacity of the developer • Features of the proposed house(s) • Marketing plan for the sale of the house(s) • Whether or not the agency employs personnel from the WAGES or Workforce Development Initiatives program • Whether the proposed housing is compatible with the neighborhood in terms of design and size • Affordability of house(s) being built b. Fiscal Years Covered: State fiscal years 2005/2006, 2006/2007 and 2007/2008. C. Income Categories to be served: Very -low, low-, and moderate -income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housiniz Goals Chart: The -8- maximum purchase price for a "buildable lot of record" as defined in the City's Land Development Regulations will be $40,000. The maximum purchase price for aggregate lots or large tracts of lands shall be determined by the appraised value at time of purchase. e. Terms, Recapture and Default: The loan for the value of the land will be at 0% interest. The loan will be recaptured when the property is sold. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the same selection criteria for recipients under Strategy A: Purchase Assistance. g. Sponsor Selection Criteria, if applicable: Eligible sponsors must meet the following selection criteria: • designated 501(c)(3) non-profit organization under IRS guidelines; • legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; • has demonstrated track record and production experiences in the construction and delivery of affordable housing; • preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: D. Name of the Strategy: Disaster Relief a. Summary of the Strategy: In the event of a natural disaster (as declared by local, state, or federal government), SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Generally, such needs may include: payment of insurance deductibles for rehabilitation of homes covered under homeowners insurance policies, purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repairs to avoid further damage, tree and debris removal required to make individual housing units habitable, and post disaster -9- assistance with non-insured repairs. b. Fiscal Years Covered: State fiscal years 2005/2006, 2006/2007 and 2007/2008. C. Income Categories to be served: Very -low, low-, and moderate -income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $8,000 per unit. e. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for disaster assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-served basis, pending fund availability. Residence must be located within the municipal boundaries of Delray Beach. g. Sponsor Selection Criteria, if applicable: N/A h. Additional Information: This strategy will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. E. Name of the Strategy: Rental Housing Development Program a. Summary of the Strategy: This strategy is designed to provide financial assistance to eligible sponsor organizations with a 0% interest, deferred payment loan for the production of affordable, rental housing in the City's established CDBG target area for very low-, low- and moderate -income persons and households as defined by the U. S. Department of Housing -10- and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. SHIP funds may be used for acquisition, construction, rehabilitation, and professional fees, including, but not limited to: engineering fees, architectural fees, and surveying fees. SHIP funds may not be used to pay rental subsidies. b. Fiscal Years Covered: State fiscal year 2005/2006 and 2006/2007. C. Income Categories to be served: Eligible sponsors will be contractually required to make units available to persons certified to be very low-, low - and moderate -income. Sponsor(s) will be required (at a minimum) to allocate 30% of SHIP funds for very -low income persons and an additional 30% of SHIP funds to low-income persons and provide such certification as required by program guidelines. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award provided under this strategy for rental housing will be limited to Sixty Thousand Dollars ($60,000) per unit. e. Terms, Recapture and Default: All rental housing must be rented at affordable rates (i.e. rents will not exceed those limits adjusted for number of bedrooms published by HUD and distributed by the Florida Housing Finance Corporation) to qualified occupants for a period of 15 years. Assistance will be provided as a deferred payment loans with zero (0%) interest subject to the fifteen -year affordability period and will be forgiven at the expiration of that term. If the property is transferred before the fifteen -year affordability period, the sponsor agency must return the funds to the City for deposit in the Local Housing Assistance Trust Funds, in accordance with SHIP program guidelines established under 420.9075(5) Florida Statutes. All SHIP assisted rental properties offered for sale prior to 15 years or the term of assistance, whichever is longer, must be subject to a right of first refusal for purchase to another eligible non-profit sponsor organization who would provide continued occupancy by eligible persons. - 11 - An annual report of tenants and income certification is required for the 15 year period. f. Recipient Selection Criteria: Participation in rental housing will be provided on a first come, first served basis to applicants who are demonstrated to be income eligible. Applicants who have met the initial financial assessment and are income eligible will be housed as units become available. g. Sponsor Selection Criteria, if applicable: Applications from developers/applicants will be awarded competitively using criteria including, but not limited to, the following: • designated 501(c)(3) non-profit organization under IRS guidelines; • legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; • has demonstrated track record and production experience in the construction and delivery of affordable housing; • possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very low- and low-income households; • preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: The SHIP funds may leverage other Federal, State, and/or local housing programs. F. Name of the Strategy: SHIP Homeownership Development Program a. Summary of the Strategy: This strategy is designed to promote and create affordable homeownership opportunities for very low-, low- and moderate -income families and individuals by providing a grant to eligible -12- sponsor organizations based on the economic feasibility and affordability of the housing project(s) to be assisted with SHIP funds. SHIP program funds may be used by eligible sponsor organizations or the City for any development activity including acquisition, demolition, and construction costs associated with the development of affordable housing units in the City's established CDBG target area. b. Fiscal Years Covered: State fiscal year 2005/2006, 2006/2007 and 2007/2008. C. Income Categories to be served: Very -low, low-, and moderate -income households or individuals as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award provided under this strategy will be limited to Fifty-five Thousand Dollars ($55,000) per unit. e. Terms, Recapture and Default: Financial assistance made to the eligible sponsor organization will be provided in the form of a 0% interest, deferred payment loan secured with a second mortgage/promissory note which will be satisfied upon completion of the construction phase and all housing units have been marketed and occupied by eligible homebuyers. All units assisted with SHIP funds will be secured with a second mortgage / promissory note and will be forgiven on a pro -rated basis based on the same criteria as described in the Purchase Assistance Strategy as previously outlined in this Plan. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to the expiration of the note. Qualifying event(s) are considered to be: • sale of unit or transfer of title • the assisted homeowner fails to continuously occupy the home -13- • the unit is rented • unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following criteria: • must have a bank account • applicant must have an accepted contract for a home and have applied for a first mortgage with a lender • the applicant must have attended and completed an approved home buyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Community Development Division. g. Sponsor Selection Criteria, if applicable: Applications from developers/applicants will be awarded competitively using criteria including, but not limited to, the following: • designated 501(c)(3) non-profit organization under IRS guidelines; • legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; • has demonstrated track record and production experience in the construction and delivery of affordable housing: • possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of -14- affordable housing to the City's very -low, low-, and moderate -income households; • preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: The SHIP funds may leverage other Federal, State, and/or local housing programs. F. Name of the Strategy: Owner -Occupied Housing Hurricane Shutter Purchase a. Summary of the Stratey: This strategy is designed to provide financial assistance to very -low and low-income elderly homeowners for the purchase and installation of hurricane shutters to reduce or eliminate the exposure of people's lives or property to harm from a natural disaster. It is assumed that no private lender monies will be involved in this strategy. b. Fiscal Years Covered: State fiscal years 2005/2006, 2006/2007 and 2007/2008. C. Income Categories to be served: Very low-, and low-income elderly households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housiniz Goals Chart: The maximum award for this strategy is $10,000. However, the maximum is not automatically provided on an individual basis; rather, the grant amount awarded will be the minimum amount necessary to purchase and install hurricane shutters as approved by the City's building code. e. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for owner -occupied housing hurricane shutter purchase assistance. In the -15- event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. f. Recipient Selection Criteria: Applicants will be certified as very -low or low-income to be deemed eligible and will be served on a first-come, first- served basis. g. Sponsor Selection Criteria, if applicable: N/A h. Additional Information: SHIP funds for this strategy will be leveraged with III. Extremely Low Income Strategy: N/A a. Summary of the Strategy: b. Fiscal Years Covered: C. Maximum award as noted on the Hurricane Housing Goals Chart: d. Terms, Recapture and Default: e. Recipient Selection Criteria: f. Sponsor Selection Criteria, if applicable: g. Additional Information: IV. Community Planning Strategy: N/A a. Summary of the Strategy: b. Fiscal Years Covered: C. Maximum award as noted on the Hurricane Housing Goals Chart: d. Terms, Recapture and Default: e. Recipient Selection Criteria: f. Sponsor Selection Criteria, if applicable: g. Additional Information: V. Administrative Budget: a. Provide a brief administrative summary of expenses: No HHR funds will be allocated for administrative expenses. -16- b. Up to 15% of the allocation may be used for administrative expenses relating to direct program administration. Provide information below: Fiscal Year Salaries and Benefits $ Office Supplies and Equipment $ Travel Workshops, etc $ Advertising $ Other Audit/Accounting Fees $ VI. Explain any issues outstanding for compliance or non-compliance with the State Housing Initiatives Partnership (SHIP) Program: VII. EXHIBITS: A Timeline for Encumbrance and Expenditure B Hurricane Housing Goals Chart (HHGC) For Each Fiscal Year Covered C. Certification Page D. Program Information Sheet E. Community Planning Documentation: Letters, resolutions detailing the community planning agreement, or interlocal agreement F. Adopting Resolution — original signed, dated, witnessed or attested adopting resolution -17- O O O O O O O O O V O) O O O M N M N � LL F J A H J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O) O O O 00 O Z O O 0 p O O O O W d N O O 0 F H a O O O O O a o 0 0 o a p 2 o° H = t 0 O O O O O O O O O O O O O O E p — W � _ m m O O Q O LL O O r t W N N r E O p d fA m o o �a Sao =q 0 d E F ro o 0 W Q S O J O Z L N S I U I I w x 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 -o _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 `o rc r a rc= 0 0 0 0 0 O LL' K 2 2 O O O O O O O O O � O O fA O fA O A I-1-1 N O c L`a y V3 fA fA fA fA fA fA fA fA � x O O O O U etl O V w � a E c G v O O m O Lo ¢ 0 0 0 0 0 0 0 e» 0 e» e» F» 2 a` o O N 'c - 0 0 0 0 0 0 O v co co 0 0 0 0 J C1 N U N O O O O O O O N (Y1 M LL Q O O O O O O O V N O O V u7 O Z LL O Q J E » a a Q W oma >> >> aa� x N 0 0 0 0 0 0 0 U N N a a 0 co � 3 3 W Q U p U' N 0 0 0 0 0 0 O O > O ate= Z> w� Fl w > M J U ym W a c Z W N N a r r N>> 3 0 Y F N W W d o C J W c c 0 = y x 0 O �j c 0 z F o o O y A O O V m Gl Gl W LL (7 m 0 QF K °�' c x° x' E W K Q q c ii o o. J= a d D O O o o d 2 y m m Z a y ~O - 7 S c O Q W J y o "m R V () w W C O x cc C d .2 = K r A G G N A m o LL c 3 F 0 x U Q �i > O D U d R Q Q~Q N o m O Q O = = O c 2 0 z 5 ^2 7 d J N J Q J= o 3 c y 3 d d a a o K N O O O x N z 2 a 0 o O N rc rc M Q Q 2 (� > J ^2 F MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pybum, Assistant City Attorney THROUGH: City Attorney DATE: November 13, 2009 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 AMENDMENT NO.2 TO THE AGREEMENT/ POMPEY PARK BOOSTER CLUB ITEM BEFORE COMMISSION Amendment No. 2 to the Agreement between the City of Delray Beach and The Pompey Park Booster Club, Inc. dated October 1, 2008. BACKGROUND Amendment No. 2 to the Agreement between the City and the Pompey Park Booster Club, Inc. extends the agreement for an additional one (1) year term to expire on September 30, 2010. RECOMMENDATION The City Attorney's Office recommends approval. AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE POMPEY PARK BOOSTER CLUB DATED OCTOBER 1, 2008 THIS AMENDMENT NO. 2 to the Agreement between the City of Delray Beach and the Pompey Park Booster Club dated October 1, 2008, is made and entered into this day of , 20097 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (herein referred to as "City"), and the POMPEY PARK BOOSTER CLUB, INC. (herein after referred to as "Booster") WITNESSETH: WHEREAS, City and Booster desire to work together to organize and support the Pompey Park Sports Programs; and WHEREAS, Booster and City desire to work together to fundraise and provide concession at games. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Section 1, "Term" of the Agreement dated October 1, 2008, shall be amended as follows: Section 1. Term. This Agreement shall begin on October 1, 2008 and terminate on September 30, =Q9 2010. Each party may extend this Agreement for +'2, one 1 additional one (1) year terms by mutual agreement in writing. Amendment No. 2 to the Agreement between the City of Delray Beach and the Pompey Park Booster Club Dated October 1, 2008 3. All other terms and conditions of the Agreement between the City of Delray Beach and the Pompey Park Booster Club dated October 1, 2008 not in conflict with this Addendum shall remain in full force and effect and re incorporated herein. IN WITNESS WHEREOF, the parties hereto have set their hands, the year and date first above written. WITNESS: (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH THE POMPEY PARK BOOSTER CLUB, INC. By: Print Name: Title: (SEAL) The foregoing instrument was acknowledged before me this , 2009, by of corporation), a corporation, on behalf of the corporation personally known to me or has produced identification. Signature of Notary Public 2 day of as (name of He/She is as Amendment No. 2 to the Agreement between the City of Delray Beach and the Pompey Park Booster Club Dated October 1, 2008 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Nelson S. McDuff ie, Mayor Approved as to Form: City Attorney 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 20, 2009 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 SPECIAL EVENT REQUEST/13TH ANNUAL DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 13th Annual Delray Beach Craft Festival to be held on February 27 & 28, 2010 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 use of NE/SE 4th Avenue, one block north and south of Atlantic as well as use of the north end of Hand's parking lot for vendor parking, and to authorize staff support for security and traffic control and to permit an event sign to be erected on Atlantic Avenue just east of I-95, fourteen (14) days prior to the event per City Code. BACKGROUND Attached is the event permit application received from Howard Alan Events, Ltd. for this event. Also included is the site plan, event budget, and Certification of Liability Insurance. The City is requested to provide police security and traffic control for this event. The event sponsor will provide vendor management and set up, site clean up, barricades, port -o -lets and dumpsters. They will also provide their own event sign. Estimated overtime costs for the event are $4,855 including Fire Inspection Services. Costs may be reduced if the vendor utilizes private security for night time coverage. Per event policies and procedures, the event sponsor is responsible for payment of all City costs. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the street closure and parking lot use, and approval of staff support for police security and traffic control with the sponsor paying all overtime costs. City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT Event Name/Title; 13th Annual Downtown Delray Beach Craft Festival Event Date(s): 2/2712010-212812010 Times: Saturday and Sunday 10AM-5PM Event Sponsor/Producer: Downtown Marketing Cooperative Event Contact/Coordinator: Howard Alan Events / American Craft Endeavors Name: Howard Alan Address: 9695 W. Broward Blvd Plantation, FL 33324 Telephone Number: 954.472.3755 Cellular Number: 954-661-8385 E-mail Address: info@artfestival.com Event Description/Purpose: Outdoor Craft Festival Annual, cultural and community gathering opportunity Brief History of Event (If applicable): This is the 13th year this festival has been serving this community Planned Activities (Outline of activities/number of activities, i.e, entertainment, children's rides, games, other programs).- Varied rograms);Varied craftersexhibitinq and selling their hand -made items Number of Individuals Served Previous Year (if applicable): 4200 Describe the targeted population and expected attendance: expected 4500 Local residents are targeted population. Describe how the program or project addresses community needs: Providing a free festival withcrafters ranging_in mediums from jewerly to sculpture Acts as a community cultural and civic event. Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth and flyers Sponsor Category (please check) City o Non-Profit/Charitable rx Private o Co -Sponsor — Non-Profit/Private o (If Non profit attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): ......... _ On 4th Ave from SE 1st St. to NE 1st St. Site plan attached: yes X no (Site plait required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget attached: yes X no (Required far all events) Previous year Revenue/Expense summary attached: yes x (Required for all events) Do you have cash sponsors for the event: yes no (Indicated on budget) Do you have inkind sponsors for the event: yes X no (Indicated on budget) C:',Docnnients and Settings\Lisi\DesktoplSpecial Event Permit Application FINAL 9.6.07.doc x no Serving or selling alcoholic beverages: yes no X (If yes, copy of license and alcohol liability insurance required tivo (2) weeks prior to event) Event certificate of insurance attached: yes X no (Required trio (2) Iveeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes no X (Waiver required) Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes X no (traffic control/security) Will supplement with private security: yes no X (If yes, need plan attached) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes no (if no, how are you handling?) Requesting trash removal/clean up assistance: yes no X (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes no X Requesting stage use: yes no X (If yes, check type) Large stage (14' x 36') a Small stage (16' x 211) u Half small stage (8' x 21') Requesting signage: yes X Type: 4'x4'Event sign X Parking Signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes (If yes, size & power) no X Food and beverage vendors: yes X no, If yes, approximate number 5`6 applying for permit (Health Department approval required) yes applying now no CnDocnrnents and Settings\Lisi\Desktop\Special Event Pen -nil Application FINAL 9.6.07.doc no Other vendors: (Indicate type) yes no X Flame retardant canopies yes X no If yes, How ►navy OO What size or size required 10' X 10' (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no X (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Shory on-site map) Will there be a charge for the event: (If yes, indicate ticket prices) yes no X yes no rJ Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes x no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no X (If yes, indicate locations and purpose for use) Event Permit Attachments: X Revenue/Expense Budget X Revenue/Expense Recap Last Years Event X Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non -Profit Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:\Documents and Settint sUsMeshoplSpecial Event Permit Application FINAL 4,6.07.doc 9/28/09 Ev t Contractor/Coordinator Date Pease print: Howard Alan Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only / Date Received 1 / �� Application fee received $ (:\Documents and Sellings\Lisiloesktop�Special Event Permit Application FINAL. 9.6.07.doc N.E. 2nd Street N.E. 1st Street (open) xxxxxxxxx East Manic Avenue (open-4--�-----���' Beach xxxxxxxxx �. v o d w Library -- __ xxxxxxxxx S.E. 1st Street . Bypass (open) 100 (l-o--i2tS - Represent booths not actual aMOUnt or scale S,E. 2nd Street ' American Craft Endeavors Delrav Lam it American Craft Endeavors 13th Annual Downtown Delray Beach Craft Festival February 27 & 28, 2010 PROPOSED BUDGET FOR FEBRUARY 2010 Income Number of Crafters Number of Food Vendors Total Revenue EXPENSES Advertising : Palm Beach Post South Florida Newspaper Sun Sentinel Advertising SubTotal Services Permit Signage Sanitation - Portolets Sanitation - Dumpsters Sanitation Barricades Security Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel Two Million Dollar liability ins policy Administrative Overhead Service SubTotal Total Expenses 110 Crafter Revenue $16,500 3 Food Vendor Revenue $1,049.40 $17,649.40 Expense $1,600.00 Expense $326.00 Expense $2,700.00 $4,625.00 Palm Beach County Expense $25.00 AA Sign Lines Expense $750.00 Able Sanitation Expense $650.00 Waste Management Expense $775.00 Tents 4 Events Expense $575.00 Bob's Barricades Expense $300.00 City Of Delray Beacl Expense $1,060.00 Tents 4 Events Expense $350.00 Expense Expense $26.00 Helayne Stillings & c. Expense $1,677.80 Delray Joint Venture Expense $2,000.00 Expense $200.00 Expense $650.00 telephone, mailings, Expense $650.00 $9,487.80 $14,112.80 Show Profit $3,436.60 American Craft Endeavors 12th Annual Downtown Delray Beach Craft Festival February 28 & Mar. 1, 2009 PROPOSED BUDGET FOR FEBRUARY 2009 Income Number of Crafters Number of Food Vendors Total Revenue EXPENSES Advertising : Boca Raton News Palm Beach Post South Florida Newspaper Sun Sentinel Advertising Sub"rotal Services Permit Signage Sanitation - Portolets Sanitation - Dumpsters Sanitation Barricades Security Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel Two Million Dollar liability ins policy Administrative Overhead Service SubTotal 'total Expenses 105 Crafter Revenue $15,750 3 food Vendor Revenue $1,049.40 $16,799.40 Expense $600.00 Expense $1,600.00 Expense $325.00 Expense $1,544.80 $4,069.80 Palm Beach County Expense $25.00 AA Sign Lines Expense $750.00 Able Sanitation Expense $560.00 Waste Management Expense $775.00 Tents 4 Events Expense $425.00 Bob's Barricades Expense $300.00 City Of Delray Bead Expense $1,060.00 Tents 4 Events Expense $350.00 Expense Expense $25.00 Helayne Stillings & � Expense $1,677.80 Delray Joint Venture Expense $2,000.00 Expense $200.00 Expense $650.00 telephone, mailings,+ Expense $550.00 $9,337.80 $13,407.60 Show Profit $3,391.80 �A2R-4M CERTIFICATE OF LIABILITY INSURANCE DATE (MMDNYYY) 09/28/2 09 PRODUCER (954)382.4350 FAX (954)382.2810 SEINCIR BYER INSURANCE & RISK 900 S. Pine Island Road #300 Plantation, FL 33324 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC N INSURED Howard Alan Events Ltd & American Craft Endeav 9695 West Broward Blvd Plantation, FL 33324 INSURERA- Philadelphia Insurance Company INSURER B: Zenith Insurance Company INSURER C: INSURER D; INSURER E: d1^1ICb A^cc VyrLlll.ivV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 3397821 03/05/209 03/05/2010 EACH OCCURRENCE $ 1,00 00 DAMAGE TO RENTED $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FV_1 OCCUR MED EXP (Any one person) $ 0 PERSONAL RADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 3,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 3,000,000 POLICY n jE 0 FX] LOC AUTOMOBILE LIABILITY 3397821 03/05/2009 03/05/2010 COMBIN ED SINGLE LIMIT $ ANY AUTO (Ea accident) 11000 000 BODILY INJURY $ ALL OWNED AUTOS SCHEOULEDAUTOS (Perperson) A X HIREDAUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per aaident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY 3440395 03/05/2009 03/05/2010 EACH OCCURRENCE $ 2,000 000 AGGREGATE $ 2,000,000 X OCCUR FICLAIMS MADE $ 0 A $ $ X RETENTION $ 10,000 XI WORKERS COMPENSATION AND 2069065602 05/01/2004 05/01/2010 OTH- X wcsTIMIT E.L. EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY B ANY OFFICERIMEM ER EXCLUDED? ECUTNE E.L. DISEASE -EA EMPLOYEd $ 1,000,000 9 yes, dBSc be lFndeF SPECIAl.PROVISIONSbelow E.L. DISEASE -POLICY LIMIT I s 1,000,0 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS lanket additionalinsured for owners, lessors of premises, lessors of leased equipment, sponsors and o-promotors pertaining to general liability per form PI -AS -1010 (0412004). 13th Annual Downtown Delray Beach Craft Festival. --2/27 & 2/28/2010 rite foregoing statement applys to City of Delray Beach. CITY OF DELRAY 100 MV 1ST AVENUE DELRAY BEACH, FL 33444 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TOTHECERTIFICATE "OLDER NAMED TOTHE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALT- IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE z f__ Cheryl Wranik/CLB PDF created with FinePrint adfFactory Pro trial version www.pdffactorv.com ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) PDF created with FinePrint r)dfFactory Pro trial version www.r)dffactorv,com MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: November 23, 2009 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of November 16, 2009 through November 25, 2009. 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 November 16, 2009 A. Continued with direction (5 to 2, Joseph Pike and Cary Glickstein dissenting), the conditional use modification request to allow the construction of a 540 square foot building to be utilized as an enclosed paint booth for Europcar, located on the south side of SE 4th Street and west of the FEC Railroad. The Board determined that the proposal represents a significant change which requires that the petition be processed as a new conditional use request with mailed notices provided to the surrounding property owners within a 500 foot radius of the property. No other 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. B. Recommended approval (7 to 0), of a City -initiated amendment to Land Development Regulations, by amending Sections 4.4.1 "Agriculture (A) District", Subsection (B); 4.4.2 "Rural Residential (RR) District", Subsection (B); 4.4.3, "Single Family Residential (R-1) Districts", Subsection (B); 4.4.5, "Low Density Residential (RL) District", Subsection (B); 4.4.7, "Planned Residential Development (PRD) District", Subsection (B); 4.4.13 "Central Business (CBD) District", Subsection (B); 4.4.17, "Residential Office (RO) District", Subsection (B); 4.4.21 "Community Facilities (CF) District", Subsection B; and, 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (B), in order to clarify the zoning districts in which Assisted Living Facilities or Continuing Care Facilities are allowed as either permitted or conditional uses; amending Section 4.6.9 "Off -Street Parking Regulations", Subsection (C), to clarify the parking requirements for Assisted Living facilities; and, amending Appendix "A" "Definitions" by providing an updated definition of "Assisted Living Facility" and "Continuing Care Facility". C. Recommended denial (4 to 3, with Connor Lynch, Joseph Pike, Al Jaquet and Cary Glickstein voting to deny), of a City -initiated amendment to Land Development Regulations, by amending Section 4.3.3 (I), "Community Residential Homes and Group Homes", Subsection (4), "Classifications", to update the table provided therein; amending Sections 4.4.3, "Single Family Residential (R-1) Districts", Subsection (D); 4.4.7, "Planned Residential Development (PRD) District", Subsection (B); and 4.4.12 "Planned Commercial (PC) District", Subsection (B); in order to clarify the zoning districts in which Community Residential Homes and Group Homes are allowed as either permitted or conditional uses and amending Section 4.6.9 "Off -Street Parking Regulations", Subsection (C) to clarify the parking requirements for Community Residential Homes and Group Homes. D. Recommended denial (7 to 0), of a City -initiated amendment to the Land Development Regulations by enacting Article 8.7 "Chatelaine Local Government Neighborhood Improvement District" which provides for the creation of the Chatelaine Local Government Neighborhood District in accordance with Section 163.506, Florida Statutes; establishing the boundaries of the District; designating the Delray Beach City Commission as the Board of Directors of the District; providing authorization for the District to levy an Ad Valorem tax on real and personal property of up to two mills annually; providing authorization for District use of special assessments pursuant to Section 163.514, Florida Statutes; providing for the dissolution of the District by the City Commission by rescinding the Ordinance. First reading of the enacting Ordinance was considered by the City Commission on November 17, 2009. E. Recommended approval (7 to 0), of amendments to the Community Redevelopment Agency (CRA) Plan. First reading of the enacting Ordinance was considered by the City Commission on November 17, 2009. Site Plan Review and Appearance Board Meeting of November 19, 2009 1. Approved (5 to 0, Scott Porten and Mark Gregory absent), a Class I site plan modification associated with the installation of roll -down gates over the outdoor bar for Johnnie Brown's (fka Elwood's Dixie Barbeque), located at the northeast corner of Atlantic Avenue and Railroad Avenue (301 East Atlantic Avenue). 2. Approved with conditions (5 to 0), a Class V site plan and landscape plan associated with the demolition of an existing one-story building and construction of a new two-story building containing a coin laundry on the first floor and two residential apartments on the second floor for Krystal Kleen Coin Laundry, located on the east side of NE 5th Avenue, north of NE 2nd Street (215 NE 5th Avenue). The architectural elevation was approved on a 4 to 1 vote (George Brewer dissenting). Concurrently, the Board approved the following actions: (a). Approved (4 to 1, George Brewer dissenting), a special action request to reduce required parking spaces pursuant to LDR Section 4.6.9(C)(3)(a), from 16 parking spaces to 14 parking spaces, based on LDR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. (b). Approved (5 to 0), a waiver request to LDR Section 4.6.16.H.3.j., requiring parking rows to have terminal landscape islands on each end. No terminal landscape islands will be provided adjacent to the new two-story mixed use building. (c). Approved (5 to 0), a waiver request to LDR Section 4.6.16.H.3.i., requiring that landscape islands contain a minimum of seventy-five (75) sq. ft. of plantable area with a minimum width of five (5) feet (plantable area of 72.6 sq. ft. proposed). (d). Approved (5 to 0), a waiver request to LDR Section 4.6.9(1))(3)(c)(1), reducing the minimum stacking distance from the required 5' to 3'. 3. Approved (4 to 1, Chris Stray dissenting), a twenty-four month extension (expiring November 14, 2011) of the site plan, landscape plan and architectural elevation plan for The Onnen Project — Disaster Recovery and Emergency Operations Center, located on the west side of NE 4th Avenue, 150 feet north of NE 2nd Street (234 NE 4th Avenue). 4. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 3,960 square foot bank with drive-thm lanes for TD Bank, located at the northeast corner of SE 10th Street and SE 5th Avenue (969 SE 5th Avenue). Historic Preservation Board Meeting of November 18, 2009 5. Approved (7 to 0), a Class III site plan modification, landscape plan, architectural elevations and Certificate of Appropriateness associated with the demolition of a non-contributing accessory structure, and construction of a new accessory structure to accommodate additional office space for 124 North Swinton Avenue, located on the west side of North Swinton Avenue, north of NE 1 st Street. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action. 6. Recommended approval (7 to 0), to the Planning and Zoning Board of a conditional use request to establish an outdoor amphitheater at the S.D. Spady Cultural Arts Center, located at 154-170 NW 5th Avenue (west side of NW 5th Avenue, north of NW 1st Street). RECOMMENDATION By motion, receive and file this report. o CITY COMMISSION MEETING - _ _ _ CITYLIMITS _ _ _ _ -14 n1 'V o DECEMBER 1, 2009 ONE MILE d Q PLANNING AND ZONING p LOCATION MAP GRAPHIC SCALE DEPARTMENT P&Z HPB A. EUROPCAR 2. KRYSTAL KLEEN COIN LAUNDRY 5. 124 NORTH SWINTON AVENUE SPRAB 3. THE ONNEN PROJECT 1. JOHNNIE BROWN'S 4. TD BANK ML_ -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\CC—DOC\12-1 —09 MEMORANDUM TO: Mayor and City Commissioners FROM: William A. Grieve, PE, Assistant City Engineer Richard C. Hasko, PE, Director of Enviromental Services THROUGH: David T. Harden, City Manager DATE: November 23, 2009 SUBJECT: AGENDA ITEM 8.L.1 - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 BID AWARD/DACOSTA ENTERPRISES, INC. ITEM BEFORE COMMISSION Request for Commission approval/authorization for bid award to DaCosta Enterprises, Inc. for construction of the Barwick Road Sidewalk Project. BACKGROUND The work generally consists of new sidewalk construction on the west side of Barwick Road from Highgate Dr. to Sable Lakes Road, new pavement marking and signage and a new sodded swale. FUNDING SOURCE Funding source is 334-3162-541-63.11 (General Construction Fund/Improvement Other Than BuildingsBikepaths/Sidewalks). The total project cost $33,697.00. RECOMMENDATION Staff recommends approval. 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H0 a w LAURELWOOD �P m < T, U ROAD PW�� 133 ROAD SOUTH m C, SABAL Q � Q o SEA GRAPE CIRCLE RIVERSIDE WAY � a J S. MAGNOLIA W CIA_ SEA GRAPE CIRCLE / _LANCEWOOD PL SOUTH CANAL L-31 N.W_ 10TH ST. N -W. ST. N.W. 101H ST_ i07T e m O Q 5 � F LANE O w O O N.W. 9TH ST. co) NW ��\ N W 9TH ST_ COUNTRY MANORS ROAD 'V ❑T CT DOyyLgR w O BIRD O CARDINAL N a �WCW N W J T N.W. 7TH W. W OT� r ANE LANE o O � O L A K E1 I D A R 0 A D w I ❑❑CACI❑❑ MAP MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: November 10, 2009 SUBJECT: AGENDA ITEM 8.L.2 - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 CONTRACT AWARDANSITUFORM TECHNOLOGIES, INC. ITEM BEFORE COMMISSION Approve an award to Insituform Technologies, Inc. in the amount of $61,436.40 for rehabilitation of a sewer segment on S.E. 2nd Street, from S.E. 3rd Avenue to east of S.E. 6th Avenue, as part of the annual Sanitary Sewer Main Rehabilitation program. The prices, terms, and conditions are based on an active contract with Manatee County (RFP #08-1033 FL) for Sanitary Sewer Mains, Storm Sewer Mains, and Manhole Rehabilitation Services. BACKGROUND The Environmental Services Department requested funding for the annual Sanitary Sewer Main Rehabilitation Program with the current year's budget allocation at $100,000 for repairs to various systems. At present, we have identified a sewer main along SE 2nd Street in need of rehabilitation. Other areas are still under evaluation. Videotaping these line segments revealed clay pipe material with separating joints at numerous locations, allowing infiltration of surrounding material. The cost for this rehabilitation is $61,436.40. The scope of work includes lining approximately 1,008 linear feet of pipe, by-pass pumping, and associated maintenance of traffic. Insituform Technologies, Inc. has successfully completed previous projects in Delray Beach. FUNDING SOURCE Funding is available from account #442-5178-536-63.51, Water and Sewer Renewal & Replacement Fund/ Sewer Mains. RECOMMENDATION Staff recommends an award to Insituform Technologies, Inc. in the amount of $61,436.40 for Sanitary Sewer Main Rehabilitation. Insituform® 6972 Business Park Blvd Clean water for the world. Jacksonville, FL 32256 11-5-09 Mr. Scott Solomon, Manager of Water & Sewer Network City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 RE: SE 2nd St Sewer Reconstruction Dear Scott: Tel: (904) 237-3426 Fax: (904) 280-4162 www.insituform.com Insituform Technologies, Inc (ITI) is pleased to provide the following proposal for the rehabilitation of sewers in Delray Beach using "Cured -in -Place -Pipe" (CIPP). These prices are based on our 2009-10 Manatee County, FL Annual Contract, which is available for "piggyback" by the City of Delray Beach. SCOPE OF WORK The scope of work includes the following: • Pre -Lining CCTV Inspection and pipe cleaning • Dry Weather Flow Bypass • CIPP Lining of Sanitary Sewers • Reinstatement of Service Connections with grout • Post -Lining CCTV Inspection INSITUFORM TECHNOLOGIES RESPONSIBILITIES: ITI will provide the following items. 1. Mobilization of personnel, equipment, and materials to the project site. 2. Complete light cleaning of the pipe prior to lining. Light cleaning is defined as up to 3 passes with a standard jet nozzle. Any cleaning beyond this would be considered heavy cleaning and would be considered changed conditions. 3. CCTV inspection of the pipe immediately prior to lining. 4. Bypass pumping of main line dry weather flows using pumps discharging through lay -flat hose/pipe laid on the ground surface. 5. Install polyester resin impregnated CIPP liner in accordance with ASTM F1216 using either water or air/steam, at the discretion of ITI. 6. Reinstate all service connections as directed by the Owner or their representative. 7. CCTV inspection of the pipe immediately after the lining is complete. S. Provide our standard one-year warranty from date of installation, excluding any required warranty TV inspection and/or testing and certificate of Insurance with standard coverage. I EXCEPTIONS: To facilitate our work, Insituform assumes the following is provided at no cost: 1. Provide all necessary permits and construction easements. 2. Provide access to and use of fire hydrants and/or sufficient water to complete flushing and CIPP installation. Access to a fire hydrant or equivalent water supply will be within 500' of the installation site. 3. The condition of the pipe is the responsibility of the Owner. Any cost for obstruction removal, protruding tap removal that cannot be completed via conventional cutting equipment, point repairs, or excavation shall be by others. 4. If any of the pipes are damaged during any industry standard high-pressure jet cleaning operations, preparation or lining, the repair of the pipe is the responsibility of others. If subsequent cleaning is required to remove debris that has fallen into the pipe as a result of any such collapse or repair, this would also be the responsibility of others. 5. Direct ITI which service connections must be reinstated prior to final CCTV inspection. 6. Locate and uncover all manholes associated with the project. Provide equipment and/or personnel access to all manholes as required by our work plan. 7. Point repairs S. Contract bonds. Add 1.5% to all prices if standard one-year bonds will be required 9. Removal and disposal of any hazardous or toxic materials encountered during the project 10. Any holiday work, rush delivery or adverse weather work (as defined by Insituform) 11. Complete independent testing of liner samples from each installation. Certified PE stamped Designs PRICING Insituform proposes the following pricing for the scope of services described herein: Item Description Unit Qty Unit Price Total Price 1 15" Light clean & TV LF 1,008 $3.90 $3,931.20 2 TV traffic control Day 1 $225.00 $225.00 3 TV mobilization Each 1 $1,125.00 $1,125.00 4 15" x 7.5 mm CIPP LF 1,008 $40.00 $40,320.00 5 15" sewer bypass LF 1,008 $4.40 $4,435.20 6 4" pump set up Each 3 $500.00 $1,500.00 7 Service reconnections w/grout Each 12 $500.00 $6,000.00 8 CIPP mobilization Each 1 $3,900.00 $3,900.00 TOTAL $61,436.40 Pricing Notes: 1. The price presented is based upon 1 mobilization and the entire scope of work. Modifications to the scope of work may result in a change in price. 2. Payment terms are net 30, with no retainage. 3. Price does not include bonds, taxes or special insurance such as OCP, Builders Risk or Non-contributory. 4. Prices assumes appropriate wage rates. ITI is not a union shop and has not assumed any union assistance. 5. This proposal is valid for 30 days, unless otherwise extended by ITI. 6. ITI reserves the right to complete financial background checks on the owner/GC to gain confidence in the owner/GC's ability to pay ITI in a timely and complete fashion. If such background check results in a lack of confidence of complete and timely payment then ITI reserves the right to modify our proposal or decide not to enter into agreement with the owner/GC. 7. If ITI crews are delayed on site for reasons beyond the control of ITI then our standby time will be invoiced at an hourly rate of $1,500 per hour. 8. Any cleaning need requiring more than 3 pulls will be billed at a negotiated rate. Please do not hesitate to contact me with any further questions. Very truly yours, Insituform Technologies, Inc. Ted Hotchkiss Business Development Mgr. Accepted By: Accepted By: (signed) (printed) Date: Title: LIMITED WARRANTY: IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. MUTUAL RELEASE OF CONSEQUENTIAL DAMAGES: Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. The information contained in this letter is proprietary to Insituform Technologies, Inc. and shall be retained by the recipient in confidence and shall not be published or otherwise disclosed to third parties without the express written consent of Insituform Technologies, Inc. The foregoing shall not preclude the use of any data which (i) was in its possession without restriction as to use prior to receipt as proprietary of the same or similar data from Insituform Technologies, Inc., (ii) is or becomes available from a public source on or after such receipt from Insituform Technologies, Inc. or (iii) is obtained by the recipient from a third party not under obligation of confidentiality or other restriction with respect to use. Insituform Technologies; Inc November 5, 2009 Mr. Scott Solomon Tel: (904) 237-3426 Worldwide Pipeline 116 Spanish Moss Lane Toll Free: (800) 633-8362 Rehabilitation Ponte Vedra Beach, FL 32082 Fax: (904) 280-4162 www.insituform.com Manager Water and Sewer Network City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Re: Piggybacking Manatee County, FL Contract Dear Scott, Insituform Technologies, Inc. (ITI) is pleased to offer our 2009-10 Manatee County Contract (RFP #08-1033 FL) for sanitary sewer lining in the City of Delray Beach. All prices, terms and conditions stated in the contracts will exist between TTI and the City of Delray Beach. We look forward to continuing our working relationship with the City of Delray Beach. Best regards, Ted Hotchkiss Area Account Manager Ail � � I I I � I" [I A T L A N T I C ka'- 1 ■ UH A V N Er 1 0' 8, I W 6"Pvc n M Q C✓ " 6 PVCO 356 8jl 857 10'/VCT-8 I C.O. 378'- a n p. I ^ C.O. 850LLI u / W � V 150"- C,x197"- 12" J. C. = ® W �: JVV - 8" 3rq6'-8" C.O. 65 � 293 300 0 42 68'- 8" 14 (n258 342'-227 269 216 g" C.O. LLJ V / _ of DELRAY BEACH SEWER MAIN REHABILITATION DATE:11/11/2009 ®CITY d ENVIRONMENTAL SERVICES DEPARTMENT ®0@ 434 SOUTH SWNTON AVENUE, DELRAY BEACH, FLORIDA 33444 I 376'- 8. 409 15" I 298 I 1296'— I ter.+^♦ -�!f �� :=� � n of DELRAY BEACH SEWER MAIN REHABILITATION DATE:11/11/2009 ®CITY d ENVIRONMENTAL SERVICES DEPARTMENT ®0@ 434 SOUTH SWNTON AVENUE, DELRAY BEACH, FLORIDA 33444 LOCATION MAP 2010-049 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Sanford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Mananger DATE: November 23, 2009 SUBJECT: AGENDA ITEM 8.L.3 - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 PURCHASE AWARD/OTTO WASTE SYSTEMS ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order in the amount of $30,000.00 for the purchase of hot stamped garbage carts, lids and wheels to be ordered "as needed" from Otto Environmental Systems, LLC as a sole source provider. The blanket purchase will cover a period of 12.01.09 through 09.30.2010. BACKGROUND Otto Environmental Systems, LLC is a sole source vendor for the purchase of these hot stamped garbage carts in order to maintain consistency for the City of Delray Beach. The sizes of garbage carts required by the City of Delray Beach are 95 gallon @ 50.00 each; 68 gallon @ 44.00 each and 32 gallon @ 36.00 each including lids and wheels per quote dated 11.23.2009. The cost per container has remained the same as last fiscal year. Carts are ordered to be shipped in full truckloads ($1,500.00-$1,600.00) for cost savings of freight. Current freight per truckload is $1,495. Otto Industries, Inc. is the original vendor for the purchase of these carts from the time of the initial "roll-out" in 1996. The carts design is a forest green body, black lid, rubber tires and hot stamped with the City of Delray Beach logo seal and serial numbers. FUNDING SOURCE SANITATION FUND GARBAGE/SOLID WASTE CART RENEWAL & REPLACEMNT RECOMMENDATION Staff recommends a blanket purchase order in the amount of $30,000.00 for the purchase of the garbage carts with City logo, lids and wheels from Otto Environmental Systems, LLC as a sole source vendor to be ordered "as needed". November 23, 2009 Danise Cleckley City of Delray Beach 100 NW 1st Avenue Delray Beach, Fl 33444 Dear Danise: OTTO Environmental Systems (NC), LLC 12700 General Drive Charlotte, North Carolina 78273 Telephone (704)588-9191 Facsimile (700588-5250 It was nice speaking to you on the phone yesterday. Per our conversation here is the quotation for Otto's MSD -95C, MSD -65C "Classic" and 35EV rollout carts you requested. These carts are designed to be handled with equal ease by either semi -automated or fully -automated collection equipment. ■ Otto 95 Classics (Truck load 448) $50.00 each ■ Otto 65 Classics (Truck load 588) $44.00 each • Otto 35EV (Truck load 1050) $36.00 each ■ Current Freight per Truck Load to Delray Beach, FL(33444) $1,495.00 each ,hipping, as quoted is only an estimate. Actual freight charges will be biller. Thank you for considering Otto Environmental for your roll out carts. Please feel free to contact me with any questions or concerns you may have. Thanks. ca tephien fern Area Manager Otto Environmental Systems (NC), LLC 704-299-6282 (Mobile) sredfern@otto-usa.com Nadal, Pats From: Quinlan, Donna Sent: Friday, November 13, 2009 4:34 PM To: Cleckley, Danise Cc: Nadal, Patsy Subject: FW: Otto Environmental Danise, Can you request the quote from Otto per Patsy's note below? Thx, Donna From: Nadal, Patsy Sent: Friday, November 13, 2009 4:31 PM To: Quinlan, Donna Subject: RE: Otto Environmental Yes, i will do the agenda. Please request an updated quote from Otto. Thanks From: Quinlan, Donna Sent: Friday, November 13, 2009 4:26 PM To: Nadal, Patsy Cc: Cleckley, Danise Subject: Otto Environmental Hi Patsy, Are you working on an agenda item for Otto Environmental for this year's blanket p.o.? This is our garbage cart vendor. We have $30,000 budgeted for this year in account 433-3711-534-49.35. Let me know if l need to do anything. Danise needs to place an order for some carts. Thanks and Have a Nice Weekend, C.I. Coordinator City of Delray Beach 561.243.7203 - phone 561.243.7221 - fax auir7lanC7ci.delrav-beach.b us. www.iuvdehavbeach.com "No ad of PuA&w6, as maitm Yi w muW, b em uwkd". tlemp MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: November 19, 2009 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 WAIVER REQUEST/MELLOW MUSHROOM WAIVER ITEM BEFORE COMMISSION The item before the City Commission is consideration of a waiver request to LDR section 4.6.9(e)(3)(d) to allow Mellow Mushroom to enter into an In -Lieu Parking Fee Agreement with the City to pay the $109,200 in -lieu parking fee for seven (7) spaces in four (4) installments totaling 25% each with first payment due at signing, instead of three (3) installments with 50% due at signing and two subsequent 25% payments. BACKGROUND Mellow Mushroom restaurant has on site four (4) standard parking spaces, three (3) compact parking spaces and one (1) handicap parking space. Pursuant to LDR Section 4.4.13 (G)(1)(d), restaurants shall provide 6 parking spaces per 1,000 square feet of gross floor area. The previously existing seven (7) parking spaces provided for the 3,023 square foot restaurant were deficient by eleven (11) parking spaces. The additional 1,331 square feet of floor area constructed in 2008 required eight (8) additional spaces. Through reconfiguration of the parking lot from 45° angle to 90° angle, Mellow Mushroom was able to provide one (1) additional space for handicap use, leaving the site seven (7) spaces short of the additional eight (8) parking spaces required for the 1,331 square foot addition. The applicant chose the in -lieu fee option to meet the requirement for seven (7) additional parking spaces. The Class III Site Plan Modification for Mellow Mushroom was approved by the Site Plan Review and Appearance Board (SPRAB) at their meeting of February 28, 2007. As a condition of site plan approval, seven (7) in -lieu parking spaces at $15,600 each totalling $109,200, was to be paid upon building permit issuance. In error the City issued the building permit without collecting the in -lieu parking fee. Mellow Mushroom is now requesting a modified in -lieu payment plan to allow four (4) payments instead of three (3). WAIVER LDR Section 4.6.9(E)(3)(d) requires the payment of an in -lieu fee in three (3) installments with a minimum requirement of 50% at building permit issuance and two (2) subsequent payments at 25% each within a three (3) year time frame. Applicants for an in -lieu fee which is not paid in full at the time of building permit issuance must enter into an In -Lieu Parking Fee Agreement with the City. Such agreement shall be recorded in the Public Records of Palm Beach County. The obligations imposed by such an In -Lieu Parking Fee Agreement constitute a restrictive covenant upon the property, and shall bind successors, heirs and assigns. The restrictive covenant shall not be released until full payment of the in -lieu fee is made, including any attorney's costs and fees. In -Lieu of Parking Fee Agreements shall only be made between the City and the owner of the subject property. There shall be no interest due upon entering into the agreement. The installment payments are due on the subsequent anniversary dates of the signing of the agreement. Mellow Mushroom restaurant is requesting a modified payment plan to allow four (4) installments of 25% each within a three (3) year time frame. 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. Granting this waiver might normally be considered a special privilege, because other in -lieu applicants have had to comply with the 50% at permit issuance or paid in full. However, because the City failed to execute the agreement and require the first payment at permit issuance, and subsequently issued the certificate of occupancy without payment, the applicant should not be penalized for nonpayment to date. In similar circumstances, where an applicant, due to staff error, did not pay at permit issuance, an in -lieu payment plan to alleviate financial hardship on the applicant would similarly be considered. Therefore, approval of this waiver will not grant a special privilege, create an unsafe situation, diminish public facilities or negatively affect the surrounding area RECOMMENDATION Approve the waiver, making positive findings with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MELLOW MUSHROOM ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request is to the requirement that in -lieu parking fees be paid in three (3) installments, with a minimum requirement of 50% at building permit issuance and two (2) subsequent payments at 25% each within a three (3) year time frame has come before the City Commission on December 1, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Mellow Mushroom. 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 4.6.9(E)(3)(d), requires the payment of in -lieu fees in three (3) installments with a minimum requirement of 50% at building permit issuance and two (2) subsequent payments at 25% each within a three (3) year time frame. Applicants for an in lieu fee which is not paid in full at the time of building permit issuance must enter into an In -Lieu Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County. Mellow Mushroom restaurant is requesting a modified payment plan to allow four (4) installments of 25% each within a four (4) year time frame. 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. Would the waiver of Section 4.6.9(E)(3)(d) to allow a modified payment plan of four (4) installments of 25% each within a four(4) year time frame comply with the requirements of 2.4.7(8)(5)? Yes C•7 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 to LDR Section 4.6.9(E)(3)(d). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1 st day of December, 2009, by a vote of in favor and opposed. ATTEST: Nelson S. McDuff ie, Mayor Chevelle Nubin, City Clerk 2 �L CELlV(: i OCT 0 2009 PLANNING & ZONING 25 S.E. 6" Avenue, Delray Beach, FL 33483 • (561)330-3040 • (567)330-2988 Fax Delraybeach@mellowmushroominfo.com • www.mellowmushroom.com Mr. Paul Dorling October 29, 2009 Director of Planning and Zoning City of Delray Beach 100 N.W. 1 S` Avenue Delray Beach, Fl. 33444 Re: Mellow Mushroom restaurant, In -Lieu Parking fee Dear Mr. Dorling, I am the owner of the Mellow Mushroom restaurant. I am writing to you to request a waiver of a portion of Section 4.6.9 E (3) (d)of the planning and zoning regulations concerning the payment of in -lieu parking fees. When Mellow Mushroom presented it's plans to the City for the development of our restaurant it was determined by the City that for the size restaurant we were constructing we would need to pay for 7 additional parking spaces. That in -lieu fee was approved by the appropriate governmental agencies and permits were issued and a final C.O. was obtained. An agreement setting forth the parameters for the payment of the fee had never been executed. I am writing to you to request a waiver of the fee structure that is set forth in the regulation which calls for 50% to be paid upon signing the agreement, 25% a year later and another 25% a year after that. My request for a waiver of this schedule is based upon the fact that it would be a severe hardship for me to pay the 50% at this time. Purchasing the 7 spaces at $15,600 per space totals $109,200. The code would therefore require that I pay $54,600 when the agreement is executed, with a payment of $27,300 in a year and another payment of $27,300 a year later. If the agreement had been presented to me when I received the c.o. I would have been able to build the initial fee as well as the entire fee into my loan. As there was no agreement I did not finance the additional $109,200 (and start paying interest on it). With the economy where it is and with many restaurants' sales down I quite honestly do not have the $54,600 to pay the City at this time. I am therefore respectfully requesting that the City allow me to pay 4 equal installments of $27,300 commencing with the execution of an agreement. I have included the $265.00 review fee for the waiver herein. I very much appreciate your time and hope that you will understand the position I am in and favorably consider my request for a waiver in the payment structure. Please let me know if you have any questions or comments. Thank you Sincerely 1?4� Ronald L. Platt President and Owner of Mellow Mushroom P.S. If you don't mind could you kindly respond to me at my law office at 205 N.E. 5`'' Terrace, Delray Beach, Fl. 33444 and should you need to reach me by phone at 561368-3337, ext. 205. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: November 23, 2009 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 REQUEST FOR VALET QUEUE/THE SEAGATE AT ATLANTIC HOTEL ITEM BEFORE COMMISSION The item before the City Commission is that of reviewing a request from The Seagate at Atlantic Hotel to establish a valet parking queue on the south side of the 1000 block of East Atlantic Avenue. BACKGROUND The Seagate at Atlantic, located at 1000 East Atlantic Avenue, has submitted a request to establish a valet parking queue in front of the Atlantic Grille Restaurant to accommodate visitors and guests of the facility. Located on the south side of Atlantic Avenue between Venetian Drive and Gleason Street, the development encompasses the entire Atlantic Avenue frontage of this block. During its planning the site development was modified from its original proposal of residential units to a hotel with associated amenities (Restaurant, spa, retail shops, etc.). Given the difference in parking requirements, (0.7 spaces per room for hotels, versus 2.5 spaces per unit for residential) the hotel has a considerable number surplus of parking (107 spaces). The route of travel, attached for your review, shows a direct path around the block to park vehicles with a short, one -turn maneuver to return vehicles. The applicant is requesting that the valet queue operate seven days per week between the hours of 11:00 AM and 11:00 PM utilizing the three (3) easternmost spaces on the south side of Atlantic Avenue between Venetian Drive and Gleason Street. During the establishment of valet queues in the mid nineteen nineties only one valet queue was established east of the Intracoastal Waterway at the corner of East Atlantic Avenue and Ocean Boulevard (SR AIA). The proposed queue for the hotel is three blocks west of the existing queue. Valet spaces east of the Intracoastal Waterway are $135 per space, per month, totaling $375 per month for this queue, equaling $4,860 per year in revenue. The valet queue would be subject to the rules and regulations of the standard Valet Parking License Agreement, including but not limited to, allowing use of the valet by all those wanting to use its services. Comprehensive Plan Policy C-4.1 of the Future Land Use Element states that the Central Business District zoning regulations shall facilitate and encourage rehabilitation and revitalization within the district by addressing several items including accommodating parking through innovative actions, allowing outdoor cafes, and incentives for mixed use development. Policy C-4.2 refers to the Downtown Master Plan which touts the elimination of surface parking lots and advocates the construction of parking garages and shared parking which is accomplished with the Valet. Considering there is only one otoher valet queue east of the ICW, the distance from the other existing queue and the large number of surplus spaces being made available to the general public, staff recommends approval of the applicant's request. REVIEW BY OTHERS The Downtown Development Authority and Community Redevelopment Agency, at their respective meetings, unanimously recommended approval of the applicant's request. At the time of this writing the Parking Management Advisory Board had not yet been presented this item. Their recommendation will be presented at the Commission meeting. RECOMMENDATION By motion, approve the request from The Seagate at Atlantic to establish a valet parking queue on the south side of the 1000 block of East Atlantic Avenue, by adopting 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 the Land Development Regulations. 5EAG,� October 30, 2009 HOTEL & S P A City of Delray Beach Attn: Scott Aronson 434 South Swinton Avenue Delray Beach, FL 33444 RE: Atlantic Grille / Seagate Hotel Valet Queue Dear Scott: Please accept this letter as the owner's formal request for a "Valet Queue" using the three parking spaces in front of the Atlantic Grille. We are pleased that staff will support this valet queue as it will only enhance this area for parking east of the bridge similar to the west side. As discussed, the parking valet queue for the hotel is approximately 450 feet of travel and is too far for restaurant patrons and guests to this area. We are requesting the three spaces along Atlantic Avenue on the East side. Cars to the garage by attendants will be making right turns around the site and entering our parking garage where cars will be parked on the second and third floors of our parking garage. Retrieval of cars will be from the garage with one right hand turn onto Atlantic for delivering cars. I assume the payment arrangements will be similar to the existing valet queues up and down Atlantic Avenue. Feel free to contact myself if any additional information is required for City Commission and other authorities. Sinc Y, Garrett Graue Attachments: cc: File G-01 Tom Carney, Carney Legal Group HHC Florida LLC 601. North Congress Avenue, Suite 114 Delray Beach, FL 33445 P 561.2669910 F 561-266-2815 RAN DAL L Z1.1 } - STOUT ARCHITECTS ION SET 6-6-08 42 N. Swinton Av , Dolroy f; ach. FL 33444 (661) 243-07 F, k�y aaap 9 ka �e r� v� s L A s �H !AutOxBxp lrrilett�J;i a �n arae G i, CCyC � � I ame�8 C]' ➢d RAN DAL L Z1.1 } - STOUT ARCHITECTS ION SET 6-6-08 42 N. Swinton Av , Dolroy f; ach. FL 33444 (661) 243-07 F, k�y aaap 9 ka �e r� v� s L A s �H !AutOxBxp lrrilett�J;i a �n �gu=0x�-� CCyC � � xx Cv •$"CY BKK iCC iFFFiiGGi kk,+,+,, ii����:: 9• F6e5065A GCG""^C'E RAN DAL L Z1.1 } - STOUT ARCHITECTS ION SET 6-6-08 42 N. Swinton Av , Dolroy f; ach. FL 33444 (661) 243-07 F, THE SEAGATE HOTEL, on ATLANTIC 051—RAY BEACH, FLORIDA k�y sin r� THE SEAGATE HOTEL, on ATLANTIC 051—RAY BEACH, FLORIDA I 13 L19L-=(BEZ) l=1'50MeN 6629-S7Z(W%)"Vc`6A-Wl'o VuaWl S;'NZo 80-9-9 IES NOU SIC) aiii-13lay . .�� VOIdfli�'HOV38Ad�li3Q ' OIiNVIJ.V uo ISIOH EUVEN3S 3 -IJ. IAAOIS x zo zo PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this I st day of by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and , Florida corporation ("LICENSEE") WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. of 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use as shown on Exhibit A for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of 11:00 a.m. to 11:00 p.m. seven days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re -located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit B. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY One Hundred Thirty -Five dollars ($135.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Sip -nap -e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. The term of this Agreement shall be for one year from the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 8. Revocable License. This Agreement is only a non-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation 2 shall be effective when mailed. 9. Compliance with Laws. LICENSEE and his/her employees , agents, representatives and/or subcontractors agree to comply and adhere to all state laws and local ordinances regarding traffic and parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 3 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on -street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1 st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. M 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Bindiny- Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2009. THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation City Clerk Approved as to form: City Attorney (CORPORATE SEAL) STATE OF 5 By: Mayor By: Name Printed: Title: COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 6 EXHIBIT B INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: November 23, 2009 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 REQUEST FOR VALET QUEUE/TRAMONTI RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is review of a request from Tramonti's Restaurant to establish a valet parking queue on the north side of the 100 block of East Atlantic Avenue. BACKGROUND Tramonti's Restaurant, located at 111 East Atlantic Avenue, has submitted a request to establish a valet parking queue, in front of their restaurant, on the north side of east Atlantic Avenue between NE 1 st and 2nd Avenues. The request proposes the use of the five (5) westernmost spaces located on the north side of east Atlantic Avenue between NE 1St and 2nd Avenues. Section 3 of the Valet Parking License Agreement requires the Licensee to provide the City with written assurances and/or a lease agreement for use of a private parking lot(s).The proposal identifies the Old Neil's Market Parcel (north side of NE 1St Street between NE 1St and 2nd Avenues), as the private lot to be used for parking. The private lot must also comply with minimum City codes for a parking lot. It is noted the request includes waiver requests for additional lighting, landscaping, drainage and striping. Although the City Commission granted waivers for the landscaping, drainage and striping when used for public parking during the OSS Garage construction, the lot was sufficiently lit so as to not create a safety hazard. In spite of the proposed exclusive valet use and attendant at the entrance Staff feels sufficient lighting is imperative as there may be occasion where people will need to access the property, perhaps to retrieve items from vehicles or other purposes. Valet parking queues were established in the mid nineteen nineties with the intent to maintain separation along Atlantic Avenue and accommodate valet parking for businesses throughout the Downtown area. Requests for additional valet queues on East Atlantic Avenue have not been approved since their establishment (Sopra located on SE 2nd Avenue; Cut 432 located on SE 4th Avenue). The congestion sometimes caused by valet queues is of great concern to Staff. Additionally, there are currently valet queues on the south side of East Atlantic between Swinton and NE 1St Avenues, NE 2nd and 3rd Avenues and the west side SE 2nd Avenue at Atlantic Avenue. Considering the number of valet queues in such close proximity of the subject property, Staff does not support the applicant's request. Furthermore, the subject property is located one blockor less from either the OSS or Federspiel Garages which will be easier to traverse to and from once construction of Worthing Place and the OSS Park are completed. REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of October 27, 2009, recommended approval of the applicant's request in a 5-3 vote (Marincola, Denkler and Gergen dissenting) with conditions that the lot surface be compacted and lit similar to the City's improvements when used as a temporary lot during construction of the OSS Garage. The Downtown Development Authority, at its meeting of October 12, 2009, recommended approval of the applicant's request on a 4-2 vote (Marincola and Beale dissenting. Listick recused himself as the applicant's agent) agreeing with the conditions imposed by the PMAB. The Community Redevlopment Agency, at its meeting of November 12, 2009 unanimously recommended denial of the applicant's request (Commissioner Arts recused himself noting a conflict). RECOMMENDATION By motion, recommend denial of the request from Tramonti's Restaurant to eastablish a valet parking queue on the north side of the 100 block of East Atlantic Avenue as there are sufficient valet queues within close proximity of the subject property. LSMS, INC. d/b/a TRAMONTI RESTAURANT 119 E. Atlantic Avenue Delray Beach, FL 334$3 RECEIV ED November 20, 2009 NOV 2 3 2009 To: City Commission CITE CLERK c/o David T. Harden City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Re: Tramonti — Valet Parking City Commission meeting — December 1, 2009 Ladies and Gentlemen: On the agenda for your meeting of December 1, 2009 is a request for Valet Parking. LSMS, Inc., owner of the Tramonti Restaurant, is requesting valet parking on the North side of Atlantic Avenue, between 1St Avenue and 2"a Avenue. We request use of the five (5) western most parking spaces (in front of Cabana & Tramonti). This request is motivated by the loss of the parking lot for the new Old School Park. Loss of that parking lot has hurt many of our customers who have told us they will stop or have stopped eating at our restaurant, due to parking issues. This has hurt many businesses on the North side of Atlantic Avenue. Details of our proposal are as follows: 1. The valet stand will be situated in front of Theo's, to the East of Cabana's. It will not be in the 5 foot sidewalk walking area and it will not be within 7 feet of any dining tables. 2. This is a business emergency. Business has suffered since the Old School Square Park replaced the parking lot. Season is coming. In these economic times we and others need help. 3. We are leasing a portion of the "Carbone Property" located at Pineapple Grove Way and N.W. 1" St, as a private parking area. 4. We will be using the north portion of the East half (East of the alley) of the Carbone Property. Attached is a rough drawing showing the general area we will be using. We are using a portion of the property the City used as a public parking lot City Commission November 20, 2009 Page 2 5. The lot is fenced and there will be a gated entrance from the alley. When the lot is used (night) there will be a full time guard/attendant. All access will be limited to valets. 6. Proof of Insurance will be provided ($1 million/ $3 million). 7. Most of the area to be used (approximately 60± feet on the North) is already paved. The balance of the area being used was compacted when the City used it for parking. No drainage issues are involved. If the ground needs treatment to make it the same as when the City used it, we will do it. There is existing lighting along the North side from the adjoining parking lot. There is street lighting along the East side (Pineapple Grove Way). Since only valets will be in the lot, we see no need for further lighting. With a fulltime attendant/guard and no public access, we do not feel there are security issues. However, when the City used the lot for public parking it put in lights, in our situation the public won't be using it, but we will put in Iights if required. 9. Since only valets will be in the lot, we see no need for striping. Please note that the northernmost area, which is paved, has some striping and some concrete bumpers. If there are striping issues, we request'a waiver, on the same basis as the City granted itself a waiver when the City used the lot. 10. There are four (4) valets serving the South side of Atlantic between Swinton and the railroad tracks. There are none on the North side. This is not fair and fails to serve the entire community. Many of the downtown customers come from the East, (such as beach area and hotels) and they can't conveniently valet park. We make this request as an emergency temporary request, for two (2) years, until a . permanent solution can be worked out. We acknowledge that the City Code provides that if we are approved it is a one (1) year agreement which would have to be approved for any additional year. We know the Carbone property is only available for two (2) years. We again wish to note that the entire Carbone Property was used for parking by construction people and the public during the construction of the Old School Square Garage. We would use only a portion of the Carbone Property and are willing to put it in the same condition that the City, itself, did. Respectfully submitted, LSMS, INC. UPDATE Re: Valet Parking -- Tramonti The PARKING MANAGEMENT BOARD voted to recommend approval of the request, subject to the following conditions. 1. Lighting to be provided in the area of the lot that is being used. 2. Since only the Northern portion of East half of the Carbone property is being used, that is the portion to be lighted. 3. Much of the proposed parking area is already paved. The unpaved remainder of the area that is to be used shall be compacted to the same extent as was done when the City used it (to avoid drainage issues and dust). 4. The portion that is being used shall be separated from the unused portion of the lot, such as by barricades. Tramonti's is happy to accept those conditions. The lot will be brought to the same standard as when the City used it, It would be hypocrisy for the City to have a double standard. The DOWNTOWN DEVELOPMENT AUTHORITY (DDA) voted to recommend approval, subject to the same conditions as stated above, which Tramonti's accepts. In addition the valet operator stated he will be fixing the fence which is falling down in a few places. A consensus of the CRA did not recommend approval. UA fiffe� fijjm� 10 4 MIJ EZ, A If C;�' C- s +r-t� +- Dear Sir or Madam: Reference: Valet Parking We feel that a valet service will encourage and create a convenient and safe Experience to those guests coming to visit down town Delray Beach, Fl. In Addition it would also help handicap and elderly people feel more comfortable. We feel that from Swinton east it is perceived as a premiere dining destination. Allowing. an additional valet stand on this block would create abetter flow of traffic. . Hopefully with your cooperation, we can create revenue for all merchants and the city. Thank you Best Regards Mario Amaya Director of Operations Florida. Creative Restaurant Concepts Creative Restaurant Concepts of Florida, Inc. 255 N.E, 2nd Ave. #328 • Delray Beach, FL 33444 Tel. 561.278.0366 • Fax; 561.278.0364 718.544.1726 Cabana "las Palmas" 118 Clematis Street West Palm Beach, FL 331( 561.883.4773 Cabana "EI Rey" 105 E. Atlantic Ave. Delray Beach, FL 33444 561.274.9090 The "Original" Cabana 107-10 70th Road Forest Hills, NY 11375 718.263.3600 Cabana Midtown 1022 Third Ave: New York Cit)6 NY 100' 212.980.5678 Cabana Seaport 89 South Street Seaport Pier 17 Pavillion New York City, NY 100: 212.406.1155 ., `� r^ y SAZIO 131 East Atlantic Ave. Delray Beach, FL 33.444 561-272-5540 28 September, 2409 To: City of Delray Beach 3 Re: Valet Parking fSince the closing of the parking lot behind our restaurant (on NE.2nd Ave.), we have experienced a decrease in guest traffic. Due to that event, and coupled with the fact that the three restaurants on the north side of Atlantic Ave. on the 104 block (SAZ10, TRAMANTI, and CABABA EL REY) sel ve a substantial volume of customers seven days a week., we request that four parking spaces directly in front of our restaurants be dedicated for valet parking. The granting of valet spaces in front of our restaurants would make up for tho spaces lost as noted above. Also, we are certain that the result would be a tremendous convenience for our customers and a return. to guest traffic counts that we previously enjoyed; ank you, Dave Delisa Treasurer - .SAllO -riIE02S qlF-rs I T -L 111 Zr Ea4VAfxwrtc, Am, -De,D gcty 3e.A.c3v few 334,44 ;T16- MUM it May C&Rcerrv, My N am& � Vie -o-- M ap IvrWwf te,M4,- tyt, of Vatet p a*-kaV ovts,rd v my store/ 771.e/ ' ' to- VajZt t�� Ca4-k' frO-Vlt abaay foV rny owtDinleek Lhq/ w aV my tr lac'kl Of pard wvDe ay C p� nqw thatyO-who-vel. ICt 6w back,, of ctw &7catt&vid Lk ter affwnd~ rate, Y. new reg-ajwan.. cUa-rs- am& 2,6 9 at ti""vL& Of t -c- mel ar4 cV v ory f h4raaltP my L-to&',ew- vW,� w Cw Whefll to- *Latw"Prowdez I rv�-w -'CWdl =Je, C�r,,Ce w atj�),� tTt& Ja45Q Of reg am crw ar& of Ow" c �- w a& for mtnt,try a4& 0), go. wheA-& e4e,, wlizrev p cwk4le 4k M,arelCA:)' cart,)-Attanttc-/Ave-,TF 7W E' CAN Nor pAgX EASLIYI N07- 2 BLOCKS AWAY my MIS t h e'.Y.. Y.M November 10, 2009' To whom it may concern: As an owner of a membership -driven business in downtown Delray Beach, I welcome the valet parking opportunity to be located on the south side of Atlantic Avenue in front of Tramonti Restaurant. While we at the gym 111 are pleased to have a beautiful new park view from our 2"d floor windows, we have received complaints from our members and customers regarding the new parking study, which requires users to -pay for parking in the nearby public parking garages during certain times_ We are supportive of the valet parking and our members and customers are looking forward to it as well. Should any further information regarding this topic be needed, please contact me at your earliest convenience. the gym ssi 111 east atlantic avenue Betray beach, fl 33444 (561) 274-7477 (561) 2787411 www.thegym711.com OAV LLJ ma #4-0 � N LU CIO w�i4r - ND AVE "NE ND AVE,.. .x N yit y Existing -f r4lL Lp ■ �1I 1 �o :,. IP cn a o Q •„ o % � N i � i � J E O IST NE .I _; d _ _-� E - r z _ � II w 4 `! N SWINTON AV I NLT�AV E PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this 1st day of by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. of 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use as shown on Exhibit A for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re -located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit B. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY One Hundred dollars ($100.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Si2nne. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian now. 7. Term and Renewal. The term of this Agreement shall be for one year from the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 2 8. Revocable License. This Agreement is only a non-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U. S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE and his/her employees , agents, representatives and/or subcontractors agree to comply and adhere to all state laws and local ordinances regarding traffic and parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE 3 against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on -street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. M 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2009. THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation City Clerk Approved as to form: City Attorney E By: Mayor (CORPORATE SEAL) STATE OF COUNTY OF By: Name Printed: Title: The foregoing instrument was acknowledged before me this day of , 2007, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 0 EXHIBIT B INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 Wynn, Kimberly Subject: FW: December 1, 2009 Agenda 9 C: Importance: High From: Bruce Gimmy [mailto:trouserman@bellsouth.net] Sent: Sunday, November 29, 2009 8:27 PM To: Bruce Gimmy Subject: December 1, 2009 Agenda 9 C: Importance: High Dear Mayor, Commissioners, City Manager and Assistant City Manager, I was on the original Parking Study Committee that became the Parking Management Team and finally the Parking Management Advisory Board which became an official city board. My mentors were Chris Brown and Bob Barsinski, who made sure we were informed by volumes of reading material and reports and studies and appearances of experts. This is how I developed a mind set to serve Delray by unselfish assessment of problems and the best solutions for the good of the whole downtown and its citizens and visitors. A catch slogan was "Stroll an Original" which was designed to get people out of their vehicles to see the Avenue. The concept that all the consultants and reading agreed on was no more than one queue per block and preferably off the Avenue on a side street. We did not designate them for specific restaurants, but picked queue locations we felt would serve the public best. I was in the minority in wanting all queues off the Avenue because of traffic blockage. The south side was picked, because all the studies had much more traffic traveling east. I'm open every Friday night year round so I hear the complaints of too many queues and the traffic lane blockage. There is a perception held by many people that there is a parking shortage downtown. The present challenge and part of the solution is to "sell"people on parking in the new garages. Your new consultant will have a plan for this. I see on the online agenda for December 1St Section 9 C that Tramonti is asking for a queue in front of their restaurant. I have heard that their justification for the request is business is down and the CRA lot is being built on. Granting their request would be counterproductive to Atlantic Avenue traffic flow. The CRA lot has been replaced by much more parking in the two new parking garages which are very convenient. There is already a queue in their block and one each east and west of them. Dismal business for everyone I'm aware of on and off the Avenue and fear because of the economy not parking is the problem. Approving this queue would set a poor precedent for future commissions. I strongly feel that NO parking changes or decisions be enacted until you get and study the findings from the consultant in the spring. We worked diligently to help the Avenue thrive by unselfish evaluation and no queues have been added, since that time, but several have been turned down. I have owned the Trouser Shop for 25 years and the property for 18 years. I would like to serve on the Parking Advisory Board again. Thank -you for your time and consideration, Bruce Gimmy The Trouser Shop 439 East Atlantic Avenue Delray Beach, FL 33483 Shop 561-278-5626 Mobile 561-706-1093 I am using the Free version of SPAMfighter. We are a community of 6 million users fighting spam. SPAMfighter has removed 2873 of my spam emails to date. The Professional version does not have this message. I am using the Free version of SPAMfighter. We are a community of 6 million users fighting spam. SPAMfighter has removed 2873 of my spam emails to date. The Professional version does not have this message. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 20, 2009 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 SPECIAL EVENT REQUESUDELRAY AFFAIR ITEM BEFORE COMMISSION City Commission is requested to endorse the 48th Annual Delray Affair to be held April 9-11, 2010, to grant a temporary use permit per LDR's Section 2.4.6 (F) for use of City property and rights-of-way as requested, to provide staff support as outlined in the attached letter and permit, to allow event banners to be hung within the site area and event signage put up fourteen (14) days prior to the event per LDR's Section 4.6.7 (F)(3)(f) and (g), to provide trash boxes and use of City generator, to allow all vendor permits to be assigned and approved by the Chamber of Commerce and to allow this to be the only event held on these dates in the City, and to allow banners to be hung within event areas. The event producer is also requesting road closures at 4:00 p.m., Thursday, versus 4:00 a.m., Friday. BACKGROUND Attached is a letter and event permit received from Nancy Stewart for this year's Delray Affair. Also attached are a basic site plan and budget. Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request with the following conditions: 1. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the events proposed on park property. 2. Allow banners to be placed within confines of the event site as may be approved by the Community Improvement Director, as well as event signage per LDR's Section 4.6.7(F) (3)(f) and (g). 3. Street closures not to start until 2:00 a.m., Friday. Staff has concerns about a 4:00 p.m., Thursday, road closure versus a 4:00 a.m., Friday, road closure. These concerns include the additional impact on businesses in the event area as well as their reaction to this change and the increased number of cars that may need to be towed and safety concerns with vehicular traffic trying to leave and enter the site co -mingled with pedestrian traffic. With a 4:00 a.m. closure, this has not been much of an impact since we have only had to tow 4 -5 vehicles and very little pedestrian traffic at this time of day. In addition, there is a major fund raiser for the Community Caring Kitchen at Old School Square Thursday night and they have a concern about traffic circulation and parking for people attending this event. Another option may be to start closures at 2:00 a.m., holding the closure of Swinton to the last street closed. Estimated overtime cost for this event is approximately $56,800, barricade rental is approximately $2,200 and trash box costs are $855. Per event polices and procedures the Chamber of Commerce would be required to pay approximately $41,850 for City overtime costs, $2,200 for barricade rental and $855 for trash boxes. Costs may be reduced pending agreement on use of private security and contract labor to assist with clean up. RECOMMENDATION Staff recommends approval of the Chamber of Commerce's request with staff recommended conditions, contingent on receipt of a Certificate of General Liability Insurance. October 9, 2009 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: RECEIVED OCT 2 6 2009 ADMINISTRATIVE SERVICES The Delray Affair, celebrating Its 48t1' anniversary in 2010, Is scheduled for April 9, 10 & 11, 2010 and we would like to request your support once again. We are very proud of the excellent reputation the event has earned over the last 48 years and we attribute a part of the success to the great relationship we have with the City of Delray Beach. The event has a significant economic Impact of more than $30 million as measured In our 1998 Economic Impact Study. We also are thrilled to share the news of our most recent accomplishments, one of 200 Best Art Events in the United States by Sunshine Artist magazine and a Gold, Silver and Bronze Pinnancle Award from the International Festivals and Events Association. It Is our hope that these designations, along with others received In the past, will assist us In our effort to continue to attracting more tour groups and visitors to Delray Beach during the Affair. In addition to the letter, an official City of Delray Beach Special Event Permit Application has been filed with the City Manager's office and a copy is attached for your review. Please consider approval of the following Delray Affair Items: 1. Endorsement by the City Commission as a City supported event; 2. Use of City parking facilities for entertainment and exhibitor parking at Worthing Park, Veterans Park, the City lot behind Hand's, OSS Parking lot, and lot adjacent to Mellow Mushroom Restaurant on Federal Highway northbound just south of Atlantic Avenue; 3. Use of all area within Worthing Park, Veteran's Park, and available OSS parking lot area the exterior grounds of Old School Square (please note that a separate request letter has been sent directly to Old School Square and the owner of Atlantic Plaza); 4. Blocking off vehicular traffic and parking from: West boundary: NW 1St Avenue/SW 15t Avenue East boundary: Intracoastal Waterway North boundary: NE 1$t Street South boundary: SE 15t Street Additionally, blocking access to Atlantic Avenue from each side street in this area from alley to alley and suspension of parking time restrictions; 5, Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office for planning and operation services; nE€RAY BEACH Greater Delray Beach Chamber of Commerce, Inc. 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483-5302 561-278-0424 • Fax 561-278-0555 o chamber@deiraybeach.com Chamber Accredifed by United States Chamber of Commerce ,"1 210,011 Delray Affair M Page 2 6. Allow this to be the only Commission approved event during the Delray Affair time frame. Allow all permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions; 7. Permission to erect signs promoting the event from March 25 through April 11, 2010. 8. Permission to erect overhead banners within the confines of the Delray Affair site; 9. City staff overtimes costs to be handled per new event policy. We sincerely appreciate all of the efforts of the City employees and look forward to a great Delray Affair in 2010. We hope each of you will be a part of the festivities. Sincerely, GC.r'iccf Nancy Stewart Director of Special Events Greater Delray Beach Chamber of Commerce Cc; Robert Barcinski Attachment; Special Event Permit Application cc: David Harden, City Manager Bob Barcinskl, Asst. City Manager Chief Anthony Strianese, Police Dept, Lt. Richard Jacobonson, Police Dept./Special Events Chief David James, Fire Dept. Charles Stravino, Asst. Fire Chief John Tomaszewski, Asst. Fire Chief Tim Simmons, Parks & Recreation Senovian Stephens, Parks Maintenance Harold Bellinger, Public Works Orlando Serrano, Traffic Maintenance Supervisor Jim Schmitz, Deputy Director Public Works Lulu Butler, Director of Community Improvement Bill Wood, Delray Beach Chamber of Commerce Event Name/Title: W Annual Delray Affair Event Date(s): April 8, 2010 Times: 4 pm -- Close streets for setup _April 9, 2010 April 10, 2010, April 11, 2010 Times: 10 am -- 7 pm 10am---7pm 10 am--6pm Event Sponsor/Producer: Greater Delra Beach Chamber of Commerce Event Contact/Coordinator: Nancy Stewart Name: Nancy Stewart Address: 64-B SE 511' Avenue, Delray Beach, FL 33483 Telephone Number: 561-279-0907 Cellular Number: 561-702-7028 E-mail Address: nancy@delraybeach.com delraybeach.com Event Description/Purpose: Fine arts and crafts festival,- 4Wh annual city and chamber si nature event major fund-raiser for Chamber of Commerce Brief History of Event (If applicable): 48 years old this year, began ori inali as Gladiola Festival; largest street festival in Delray, attracting participants from all over US: all band-crafted/original art Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs); 750+ booths, food and beverage vendors, Number of Individuals Served Previous Year (if applicable): 275,000+ Describe the targeted population and expected attendance: Primarily from Tri -County area participants, over 275,000 attendees Describe how the program or project addresses community needs: Economic engine for downtown businesses and restaurants, drives traffic to downtown businesses and hotels Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): Street banners and street si nae TV 29). Radio Radio (CBS Sunny 104.3, WIRK 107.9 and 103.1), Newspapers (Post & Sentinel, Tradewinds), Magazines (Atlantic Ave and Boca Magazines, Posters, Flyers, Web exposure, email blasts cable Sponsor Category (please check) City a Non-Profit/Charitable X Private o Co -Sponsor -- Non-Profit/Private o (If Non prof t attach proof of SOI c(3), c(9), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): Central Business District -- NW I't Ave to Intracoastal WEST: NW Ist Ave / W Int Ave EAST: Intracoastal Waterway / Veteran's Park NORTH: North Swinton / NE I"Street SOUTH: SE Iet Street Site plan attached: . yes X no (Site plan required for entire event site Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes X no (I£ yes, attach proof of approval) Private Property Use: yes X noT (If yes, attach letter giving authorization from property owner) Event budget attached: yes X no (Required for all events) Previous year Revenue/Expense summary attached: yes X no (Required for all events) Do you have cash sponsors for the event: yes X no (Indicated on budget) Do you have in-kind sponsors for the event: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes no X (1f yes, copy of'license and alcohol liability insurance required tfvo (2) weeks prior to event) Event certificate of insurance attached: yes no X . (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes no X (Waiver required) Will there be entertainment: yes no- .. _X (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Y.1CHAMBER OF COMMMCMDELRAY AFFAIRIDELRAY AFFAIR 20101CITY REQUESM010 DA Special Event Permit Application.doc Requesting Police assistance: yesus outsource no (traffic control/security) Will supplement with private security: yes X no (If yes, need plan attached) Requesting Emergency Medical assistance: yes X no Requesting barricade assistance: yes X no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes X (+ partial outsource of staff) (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes no Requesting stage use: yes no (If yes, check type) Large stage (14' x 36') ❑ Small stage (16' x 21') © Half small stage (8' x 211) ❑ Requesting signage: yes X no Type: 4'x4'Event sign X Parking Signs X Banner hanging X Indicate dates required April 1-11, 2410 (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes X no (If yes, size & power) —Largest available Food and beverage vendors: yes X no. If yes, Approximate number 65 (Health Department approval required) yes_ X no Other vendors: yes X no (indicate type) Fine arts, crafts. Business participants Tents: yes X no If yes, How many 50 Wliat size or size required 10'x 10' (Ifyes, tentpermits and fire inspections may be needed) Will the event include amusement rides: yes X no (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes no X (Show on-site map) Will there be a charge for the event: yes no X (If yes, indicate ticket prices) YXIrAMIMER OF COMMF.RCE1b1;LItAY AFFAIRIDELRAY AFFAIR 20101CITY REQUES M010 DA Speciat Event permit Application.doc Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes. X no (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes X no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes X no_ (If yes, indicate locations and purpose for use) Event Permit Attachments: X Revenue/Expense. Budget X Revenue/Expense Recap Last Years Event X Site Plan NA Letter Requesting Noise Ordinance Waiver NA Letter Requesting Waiver Consumption Alcohol Beverages X _Proof of Non -Profit Status to come—General Liability Insurance Certificate NA Alcohol Beverage Liability Certificate _X_Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event Eved Contracto /Coordinatot Date Please print:o- �] -f Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1,5t Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use 0 1 Date Received Application Application fee received $ YXHAM13FR OF COMMERCMDELRAY AFFAIRIl7ELRAY AFFAIR 20101CITY REQUESTC010 DA Special Event Permit Apptication.doo 48t" Annual Delray Affair 2010 Proposed Budget April 9-11, 2010 Ordinary Revenues Jan 09 — Dec 09 2009 ACTUAL 2010 PROPOSE=D (DETAIL) 2009 PROPOSED BUDGET Other Revenue Booth Fees 185,914.00 205,000,00 Application Fees (800 @ $35) 21,653.00 21,000.00 Contract Services 200.00 500.00 RetaillMerchandise 13,604.98 5,000.00 Retail Sales Commission 2,511.00 Other income 2,821.10 2,000.00 Corporate Contributions 86,500.00 Sponsorship 81,000.00 81,500.00 Special Participation ours 12,000.00 5,000.00 Total Revenue 340,399.63 320,000 2010 Delray Affair Proposed Budget - City.doc Ordinary Expenses Jan 09 - Dec 09 2009 ACTUAL 2009 TOTALS 2010 PROPOSED DETAIL 2010 PROPOSED BUDGET Personnel-Admin/Marketing 47,000.00 45,000 Event Contractor Fee 47,000.00 45,000 Outside Professional Services- Artistic 186,631.84 143,965 Commission (sponsorship sales) 1,500.00 2,000 Graphic Design -Professional Marketing 8,050.00 6,000 Agency Commissions 1,510.00 Photographer 100.00 750 Entertainment (Music Acts & Booking fee 8,950.00 7,500 Outside Professional Services - Other City Services (Fire, Police, P&R, Public Works) 35,693.00 40,000 Waste & Clean-up Services 10,650.00 10,500 Private Security 5,028.00 7,000 Space Rental for Program Old School Square 1,823.00 2,500 Marketing/Advertising Advertising Fee dnt 2,008.00 2,000 Advertisin Fee_( v 6,800.00 6,500 Advertising Fee (radio) 0.00 1,000 Annual Report/Corp.Filing Fee Street Banners 4,033.77 6,645 Billboard Printing Applications 1,021.48 845 Pins & Recognitions 1,980.56 1,500 Exhibitor Package 171.80 500 Exhibitor lasts 367.74 Miscellaneous 3,660.00 3,000 Web Hosting Television Ads Newspa edS ecial Section Software Meals/Entertainment Postage -- Mailings 293.43 750.00 TravellSupplies/Other Event Supplies/Hardware 889.87 750.00 Hotel rooms -National Acts Hotel rooms -Staff Meetings/Conference/Dues. 340.00 350 Gourmet Alley/Soda Water % Remaining Operating Expenses Apparel merchandise 5,658.56 4,000 2010 Delray Affair Proposed Budget - City.doc Automobile expense Bank Service Charges 1 l=ees / Finance Charges 100.00 100 Barricade Rental 1,200.00 1,500 Beer cost 6,298.26 6,000 Capital Equipment Committee Expense 893.12 1,000 Computer/Software Expense 3,318.78 1,000 Education/Seminars 340.00 500 Equipment Rental (Port -a -lets, repairs, tents, tables, chairs) 8,422.87 11,000 Hospitality Suite 2,627.83 2,500 Ice 526.80 550 Insurance (LiabiliW 2,700.00 2,950 Insurance (Liquor) 475 Licenses & Permits 65100 650 Member Trade -Outs 978.72 450 Radio rental 1,043.25 1,200 Repairs (Computer, aqui menQ Sales Tax 10,000.00 10,000 Total Expenses 233,631.84 188,962.50 TOTAL INCOME 340,399.63 320,000.00 TOTAL EXPENSES 233,631.84 190,462,50 TOTAL SURPLUS I 106,767.79 12,9627.50 2010 Delray Affair Proposed Budget -- City.doc m CD NE 7th Avenue rts U-4 CD SE 1 st Aven Lie SE 2nd Avenue Old School Square Historic Campus NE 2nd Avenue win NE 6th Avenue (US -1 Northbound) tsi 00 > > rr • a NE 7th Avenue ��F[fl-qf F17 3 —nco0 00 -n Palm Square ! _ r--4 z m Imm N1 Of co (4 www CO K) �66 871 Pnef Afinnfle, Amour is *1 Al OR �.n Alir co 6 > td: I i ,trn' :3 Imm N1 Of co (4 www CO K) �66 871 Pnef Afinnfle, Amour is *1 --�� 0- �: 1 '4 CD OD CD /N f_\ \ F VV ic= CD F rM co I iY NE 4th Avenue 6 co CD � r ID w ID MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 23, 2009 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 REVISED PROPOSAL/OLD SCHOOL SQUARE GARAGE RETAIL SPACE ITEM BEFORE COMMISSION The item before the Commission is consideration of a revised proposal from Mr. Kinsloe regarding the Old School Square garage retail space. BACKGROUND Mr. Kinsloe had previously proposed to lease/purchase the area known as the OSS retail space (10,289 sq. ft.) from the City, however, prior to the October 6, 2009 meeting Mr. Kinsloe withdrew his offer. At that regular meeting the Commission gave staff direction to prepare a lease agreement with the CRA regarding the lease of the retail space. Staff has been working with the CRA regarding the lease terms and a proposed lease will be presented to the CRA Board at its meeting on December 10, 2009. Mr. Kinsloe now proposes a new lease/purchase agreement for consideration by the Commission. The new proposal incorporates the use of a portion of the area on the first floor of the garage that has been designated for use by the chamber. (in order to use a portion of the Chamber space, 1180 sq. ft., the agreement between the Chamber, City, CRA and developer of the old library site must be amended) The new proposal also provides the use of 3670 sq. ft. of what has been referred to as the retail space (previous proposal used all of the retail space, 10,289 sq. ft.). Mr. Kinsloe also proposes that the adjacent corridor as well as certain storage space located to the rear of the corridor be included in the lease/purchase agreement, which encompasses 1738 sq. ft. These areas are described in the attached Letter of Intent and on the attached diagram. Mr. Kinsloe is proposing to pay $600,000.00 for the 6588 square feet of space with the lease/purchase term not exceeding 3 years. (see attached email and Letter of Intent from Mr. Kinsloe) Mr. Kinsloe is proposing that the rent be abated for the first 6 months after the agreement is signed and that the final purchase price be reduced by the amount of rental payments received. RECOMMENDATION Commission discretion Shutt, Brian From: TKinsloe@aol.com Sent: Thursday, November 12, 2009 4:19 PM To: Shutt, Brian Subject: OSSPG Retail - Kinsloe offer Brian, The proposed changes provide more than $218,000 in additional value (which I am offering to purchase)through the reconfiguration. Overall, more than 4000 sf of corridor and storage space could be transformed to more productive use. With cooperation of the City and Chamber of Commerce, a. new 1180 sf space on Northeast 1st Street will be created. This new space, combined with approximately 1/3rd or 3670 of the current Retail Space totals the 4850 square feet. Additionally, approximately 700 sf of corridor and 1038 sf of storage is part of the purchase. 4850 @ $120 sf = $582,000 700 @ $50 sf = $35,000 1038 @ $40 sf = $41,520 The appraisal put the entire Retail Space at $130 sf. It is my opinion that the frontage on Pineapple Grove Way is more valuable than frontage on NE 1st Street. The frontage I have made the offer for, is farthest from Atlantic Ave, provides less pedestrian traffic, sits across from an empty lot, and will be impacted when a long construction project begins on the hotel site. The appraisal also included 7% - 9% for seller closing expenses. This is now included as buyer expenses and reflected in the offer. This is a lease/purchase, not a lease/option. The term is 3 year. Previous proposal was 4 year. 1 have included, as my cost, building the fire rated wall separating the Chamber Space and the 2 additional 8 foot long x 16 foot high fire rated walls and doorways in the corridor and the 22 foot long south wall of the General Storage area. I have not included a fire wall on the proposed CRAIArt space as it was my understanding that the CRA's budget for build- out included a wall. The sketch showing the Chamber floor plan was just to show an example of what could be done. Dick Hasko just got me the underground plumbing plans and I did not see any conflict. Justification for added value: • Create 1180 sf additional retail space included in new proposal @ $120 sf = $141,600 • Corridor and storage incorporated into new proposal = $76,520 • A total of $218,120 contained in the offer that is "found" space through better use of corridors and storage areas. It also provides the following advantages: + Chamber will gain approximately 400+ sq feet of additional office space + Allows for a potential addition of 1200+ sf contiguous office or meeting space at the Chamber • Continues to provide a 1000+ sf storage space under the ramp area for the Chamber • Approximately 213rd's of the Retail Space remains with the City and is available to lease to the CRA/Artist Group and sell 5 year from now. • A vibrant new business is added to the mix and complements the Chamber and Proposed Art Co-op. + The City of Delray will collect property tax revenue on the space . If the Retail Space is chopped up for smaller units and different users (as originally intended), the corridor areas will need to be kept as common area. This eliminates the benefits of reconfiguration to both the City and Chamber. Hope this is helpful. Please let me know if you need any further clarification or have any questions. Thanks, Tom Kinsloe 954-579-1996 Letter of Intent Lease and Purchase of CISS Parking Garage Commercial Space Buyer: Tom Kinsloe, Principal - Corporation to be formed Seller: City of Delray Beach Property: Approximately 4850 total square foot Condo in Old School Square Parking Garage. Space consists of approximately 1180 square feet of Chamber Space and 3670 square feet of Retail Space as identified in the Master Declarations. Also included is the area designated as General Storage (less new 9' wide corridor on South portion) and portion of existing corridor area as indicated on attached Architectural Floor Plan — A2.1.0 Use: Music Venue with Restaurant and Cafe providing service for breakfast, lunch and dinner Purchase Price: $600,000.00 — Buyer to pay real estate commission and dot stamps Deposit: Buyer will provide 2 month security deposit — Buyer will provide $100,000 Irrevocable Letter of Credit during build -out phase Closing Date: Before the end of the 36 months term Financing. To be provided by others Lease Commencement: February 1, 2010 or before if building permits are approved Lease Terms: Lease period not to exceed 36 months Closing on the purchase and sale to be before the end of the lease period Base rent to be at $72,000 per year + CAM Full amount of base rent payments to be credited at closing Tenant Improvements: City Engineering and Building Dept to approve plans Tenant will build -out at own cost Rent Abatement: 6 months of free base rent and CAM to provide ample time for build -out Tenant to carry and pay for liability insurance Parking: 3 parking spaces on first floor to be leased under revocable agreement with City. 0 RESPONSE REGARDING MEMORDANDUM FROM ROBERT A. BARCINSKI/ASSISTANT CITY MANAGER DATED: NOVEMBER 24, 2009 RE: CONCERNS PROPOSED RETAIL SPACE/OLD SCHOOL SQUARE GARAGE/MR. KINSLOE 1. The support parking does not get deeded to the Retail or Chamber Space. This item is covered in the Master Declaration. Use of the Support Parking Area is sole at discretion of the City. As part of my proposal, I am requesting 'assignment' of 3 spaces in the support parking area. In previous discussions with the City Attorney, it was agreed that assignment of the parking spaces would be 'revocable' and that when requested, assigned spaces would be vacated during events and substitute space would be assigned on another parking level. 2. 1 will coordinate deliveries to avoid any disruption of Support Area activities during events. Having any deliveries in the middle of the street on NW 1St Ave during events would likely be less desirable. The lack of a west service corridor would provide no disadvantages. Having the Support Parking Area closed off for an event will likewise not present a problem. 3. Currently the entire space is a dirt floor. Location of restrooms can be virtually anywhere the tenant/user would like, subject to building codes. The architects will position restrooms, close to plumbing stack vents and in user convenient and practical locations. I have also offered the use of my restroom facilities to the CRA/Artists as a means of reducing their build out costs. A convenient access can be provided and restrooms would be available through -out all the hours of operation anticipated by the Artist. 4. It is my understanding that the Chamber's agreement was for a 1038 square foot area currently designated as General Storage. With the reconfiguration, the Chamber will actually have more square footage with 8'+ ceiling heights. This space would be approximately 20' x 60' and total 1200 square feet additionally the space would now be contiguous with the Chamber Space providing the opportunity for future office expansion. The remaining area under the ramp does have height limitations as but not as much as one might think because the slope is gradual. However the limitation will have little impact for storage of table, chairs, office furniture, holiday decorations etc. 5. The entire space is completely unfinished, No concrete, no plumbing, no HVAC, nothing.. As Ingrid Kennemer, The Broker for the City can attest, 6 month abatement on a property in this state of finish is in no way unreasonable. It is probably less than what any reasonable landlord would expect. If the space was in 'plain vanilla' condition with basic floors, walls, mechanical, electrical and plumbing, a landlord would likely allow for 3-6 month rent abatement. Disruption to the day to day parking activities will be minimal and no more than what should be expect with building out any portion of the other unfinished space at OSSPG. The required work Additional information for Item 9.E. is primarily interior build -out. As the General Contractor, I will coordinate all construction activities related to my project. Disruption to weekend event parking will be non-existent. 6. The Chamber loading or unloading will be no different with the reconfiguration. Small items used in everyday business (marketing materials, office supplies, etc.) would be hand trucked through the rear service door, some destined for the office, others for storage. The larger items (event signage, large decorations, etc.), naturally would be placed in storage, via the support parking area. 7. The same number of life safety / fire exits will exist as in the original plan. The use of the support parking loading area for the Chamber's secondary entrance is not practical with either plan. The secondary or staff entrance would continue to be, as originally planned, the southwest service door. 8. The parking garage has plenty of unused storage areas on the ground level, many already secure. Additional storage areas can easily be incorporated into space void of parking on all levels. There is no shortage of potential storage areas at the parking garage. As I have stated several time before, during a hurricane or any other city emergencies it should be expected that Old School Square Parking Garage would likely be utilized as a Disaster Center in some form. Within my proposal, I anticipate the opportunity of providing kitchen facilities to provide meals, refrigeration equipment for food and ice, restrooms utilizing rainwater technology, natural gas back-up generator, and more. Additionally, I have previously suggested other 'green initiatives' which will assist in the City's emergency preparedness. Additional information for Item 9.E. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 18, 2009 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 REQUEST FOR QUALIFICATIONS (RFQ)NETERANS PARK/WORTHING PARK ITEM BEFORE COMMISSION This item is to request Commission approval of RFQ rankings for the Veterans Park Master Plan and Worthing Park design and authorization to enter into negotiations with the top ranked firm for each project. BACKGROUND Two Requests for Qualifications (RFQ's) were advertised, one for a master plan update of Veterans Park and a second RFQ for the detailed design and construction documents for Worthing Park. Seventeen firms responded and the review committee evaluated each firm utilizing the following criteria: EVALUATION CATEGORIES 1. Qualifications of the firm 2. Proposed Project Staff and Functions 3. Project Management 4. Knowledge of Local Conditions GRAND TOTAL OF POINTS POINTS POSSIBLE 40 20 25 15 100 POINTS The attached evaluation sheets provides detailed scoring for each firm and ranks the top three firms for both projects. The top firm for each project was Glatting Jackson Kercher Anglin. Therefore, this agenda item is seeking approval of the RFQ reaponse rankings for both projects as well as requesting authorization to begin contract negotiations with the top firm, Glatting Jackson Kercher Anglin, for each project. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. on W r M vl oc 't vl M O\ oc O\ O\M_ r M O O\ N ,--� O r o0 N N ,--� M O\ oc U 1414 d\ M d\ M r M I,-- M M M M M M O r 00 O O d\ 00 A N N o0 d\ 00 U o0 � C> M N O d\ N N N kn ON ON o0 ON M N 1.0 N W) N O d\ d\ o0 O N O M VO N a1 N N o0 a1 00 O N M N a1 O N 00 N a1 \O O, oc In In In oc kn kn r-- `O M 00 d, V1 \O \O \O \O V1 w ^ic�y T O U C.0, r kn oc N VO O kn O kn In In N O O O r In r oc In AO O N In In In kn N O O O O r In a1 a1 O1 O1 00 ON AO t t AO t t t a1 a1 � O1 00 O1 O1 1.0 � � � �o � � � 't- 0 O 00 M o0 ��� oc S O N V1 M N M oc O V1 N oc M��� oc N O M M N oc O V1 ry �' a1 vl 00 vl vl vl M N ON kn \O o0 \O 'n vl M vl N x a � s y iw C> rnrn r M O M M on �n O O N r N O O ' On On O on M M r oo a1 O M oc OM r O O r� G� a1 a1 C> C> a1 a1 a1 00 r--00 00 r --a1 r--00 Vl \ \O M oO iw a1 a1 00 00 00 a1 \O a1 \O 00 � 00 � � y O � 3 to O U O U to 67 UT "U" C 67 U c w T C Q O O U c.i co C= co Q .O O c.i i _ O C C N O O L (n O vi N N ((o Y U O L O Y O 00 GTy T a . o Q � C U O T Q= d O> C U Y a o> o o�j 06Y a o�j o� o> 06 I p —c E Q p (3 O Q E T _ O C/) co co -O C : N C/) coO -O C � O E 3 O (n N j O U (n _ �06 c O UO N p2,nnN Y .ccJ U Qa T O C U C 7 co O � U 0 E6 C C ( O co � 0 E (n N O 7 U 5� d _5 —1m Y 0 (D M M (D d UmO J S C7 rn 0 0 N \ r- 04 N M c- �- J WJ c_ a. rn 0 0 N \ r- 04 N MEMORANDUM TO: Mayor and City Commissioners FROM: BOB DIAZ, CONSTRUCTION MANAGER RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: November 18, 2009 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 SERVICE AUTHORIZATION NO.06-08/CURRIE SOWARDS AGUILA ARCHITECTS ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization #06-08 to Currie -Sowards - Aguila -Architects in the amount of $26,750.00 for professional design services regarding the replacement of the concession stand and press box building at Little Fenway. BACKGROUND The reconstruction of the Miller Park Facility commenced in March of 2009 and is approximately seventy percent complete to date. When completed in early 2010 patrons will discover improvements that include four new ball fields with sports lighting, a two story concession stand building housing a press box, meeting room and restroom facilities. Additional enhancements include a skinned practice field, pitching wall, batting cages, pitching mounds, pavilion, reconfigured parking lot, irrigation and landscaping. During the design phase, Fenway field improvements were limited to the replacement of dugouts, backstop and outfield fencing. Commission recently approved a contract addition to West Construction, Inc for extensive field renovations at Little Fenway. The playing field had developed a hazards to player safety. Enhancements currently underway will include new irrigation, laser grading and sports turf. The current condition of the two story wood frame and plywood siding concession stand structure built in 1975 poses a hazard to patrons. The buildings structure has been compromised by structural damage to the wood truss system caused by termite's and years of use and weathering. Interior spaces, like the restroom facilities are small, poorly lit and poorly ventilated. In general the facility has exhausted its useful life. A non-destructive survey took place at the request of the City to determine whether it was reasonable to renovate the structure. All recommendations were unanimous to replace the building to current code. As a result, the City procured the attached service authorization for professional design services which includes updated programming of the facility to establish current utilization needs, preparation of alternative proposals for a single story concession facility, preparation of documents sufficient for submittal for SPRAB approval, contruction documents sufficient for permitting, bidding and construction of the new facility and construction administration services through final certificate of occupancy. Service Authorization #06-08 is attached hereto for your reference. FUNDING SOURCE Funding is proposed from account 334-4173-572-63.90 (General Construction Fund/Parks & Recreation Other Improvements) after a budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization #06-08 to Currie -Sowards -Aguila -Architects in the amount of $26,750.00 for professional design services a new Little Fenway Concession building at Miller Park. CURRIE SOWARDS AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZATION DATE: November 11, 2009 FOR CONSULTING SERVICES SERVICE AUTHORIZATION NO. 06-08 CITY P.O #: CITY PROJECT # 2006-052 CITY EXPENSE CODE: TITLE: Little Fenway Replacement Concession Building CSAA # 091101 This Service Authorization, when in and shall become an integral City of Delray Beach and Currie I PROJECT DESCRIPTION executed, shall be incorporated part of the Agreement between the Sowards Aguila Architects. This project generally consists of preparation of a new schematic design for a new one-story replacement concession building to include men's and women's restrooms, a concession area, a storage room, electrical room, janitor's closet, and an elevated (30") scoring platform area for a total building area of approximately 800 square feet. II SCOPE OF SERVICES Architect and other consulting engineers will prepare required documents for approval of layout and program followed by an expedited SPRAB review process. Upon completion, the Architect will prepare permit and construction documents sufficient for bidding, permit, and construction. The Architect will attend meetings with City staff and administer the project during construction. It is assumed that the site area will be generally clean and leveled. The new building will be placed at the same finish floor elevation as the current one. As to landscape and irrigation, we will indicate sod in areas affected by new construction and the Parks Department will connect and adjust irrigation piping and heads as needed to place area in full working order. Therefore, we are excluding all project civil engineering, landscaping, and irrigation services. In addition, the City will provide any required survey information and geotechnical services with foundation recommendation. III BUDGET Services described above will be broken down into three phases of work as follows: 1.Preparation of schematic design - up to three alternatives - and submittal for SPRAB review, will be completed at a lump -sum fee of Three Thousand Five - Hundred Dollars ($3,500.00) and No Cents. 2. Preparation of permit and construction documents will be competed at a lump -sum fee of Nineteen Thousand Dollars ($19,000.00) and No Cents. 3. Construction administration services consisting of a total of eight site visits, review of submittals, responses to RFI's, punch -list and close-out reviews will be completed at a lump -sum fee of Three Thousand Five -Hundred Dollars ($3,500.00) and No Cents. Direct expenses will be in addition and are not anticipated to exceed $750.00. IV COMPLETION DATE It is the desire of the City for the Consultants to complete the services as expeditiously as possible and have agreed on expedited reviews for SPRAB and permit. The Consultant will make every effort to assist in this schedule as it is the desire of the City to have the building completed by the spring of 2010. This Service Authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of 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 service provided in the previous phase or Service Authorization, the City may terminate the Contract without incurring any further liability. The CONSULTANT may not 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: Nelson S. McDuffie, Mayor CURRIE SOWARDS AGUILA ARCHITECTS Date: Jose N. Aguila, AIA, Principal (Seal) Attest: acknowledged of Witness Witness STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was Before me this Day 2009, by Jose N. Aguila, of Currie Sowards Aguila Architects, a professional Association. He is personally known to me and did not take an oath. Notary Public My Commission Expires: SEAL MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 23, 2009 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Parking Management Advisory Board. BACKGROUND Ms. Nancy Schneider, Citizen -at -Large Representative on the Parking Management Advisory Board, verbally resigned effective October 20, 2009. This creates a vacancy for one (1) Citizen -at -Large Representative to serve an unexpired term ending July 31, 2011. The Parking Management Advisory Board was established to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as all public parking areas located along State Road A -1-A. The individuals listed on Exhibit "A" attached have submitted applications and would like to be considered for appointment. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) Citizen -at -Large Representative to serve on the Parking Management Advisory Board for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) Citizen -at -Large Representative to serve on the Parking Management Advisory Board for an unexpired term ending July 31, 2011. PARKING MANAGEMENT ADVISORY BOAD EXHIBIT A Bruce Girrmy Allen Kilik Nancy Lierle Adam Klein George Mancini Peggy Murphy Mel Pollack (currently serving on the Board of Adjustment) 11/09 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31/11 Joeseph Pike Appt 08/18/06 alt P & Z Ratified 10/3/06 Reappt 07/21/08 alt Ratified 08/19/08 Appt 08/17/09 reg Ratified 09/10/09 07/31/10 David Cook Chamber of Commerce Appt 07/18/06 Ratified 08/15/06 Reappt06/02/08 Ratified 08/05/08 07/31/11 Herman Stevens CRA AM 07/09/09 Ratified 09/10/09 07/31/10 Peter Perri WARC Unexp Appt 05/10/06 Ratified 07/11/06 Reappt09/13/06 reg Ratified 12/12/06 ReaW 07/09/08 Ratified 10/21/08 07/31/10 Fran Marincola, Vice Chair Appt 07/20/06 DDA Ratified 08/15/06 Reappt07/14/08 Ratified 08/19/08 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 01/31/10 Mark Denkler, Chair Atlantic Avenue Corridor AW 02/21/06 Between Swinton Avenue ReaW 01/15/08 and the Intracoastal 01/31/10 Alan Kornblau Atlantic Avenue Corridor Unexp AW 01/03/08 Between Swinton Avenue and Interstate 95 01/31/10 John Gergen Atlantic Avenue and State Unexp AW 05/06/08 Road AIA Corridors and lying East of the Intracoastal Waterway 01/31/10 Cecelia Boone Old School Square Unexp AW 03/21/06 Historic Arts District Rea 01/15/08 07/31/11 Citizen at -Large Unexp Vacant 07/31/11 George Brewer Citizen -at -Large Appt 02/03/09 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31/10 Deborah Dowd P&Z Unexp AM 08/17/09 Ratified 09/10/09 07/31/10 Chamber of Commerce Vacant 07/31/10 Peter Arts Appt 06/08/06 CRA Ratified 07/11/06 ReaW 06/26/08 Ratified 08/05/08 07/31/10 Jimmy Weatherspoon AM 07/09/08 WARC Ratified 10/21/08 07/31/10 Diane Franco DDA Unexp 09/21/09 Ratified 11/17/09 S/City Clerk/Board 09/Parking Management Advisory Board Contact: Scott Aronson — Parldng Management Specialist 243-7196 Commission Liaison: Commissioner Gary Eliopoulos Memo To: City Commission From: City Manager CC: Date: December 1, 2009 Re: Reward to Employees for Finishing FY 2009 with a Surplus Last spring we were concerned that we could run a substantial deficit for FY 2009 due to the continued decline in our revenues from various sources. We did indeed end the year with a revenue shortfall of $983,367. However, through the tremendous combined efforts of all our employees we kept our spending well below what was budgeted and ended the year with a net surplus of $694,157. Overtime and purchases were minimized, and employees took up the slack when a vacant position was held open to save payroll dollars. Last year we had a similar situation and we rewarded employees with an extra day off and a Christmas bonus. I propose that we do something similar this year. Recommendation: I recommend that we give all our employees an extra day off on December 23, and that we give a net Christmas bonus of $250 to all Civil Service employees. I recommend giving a bonus to Civil Service employees only since their salaries and wages were frozen in 2009 while our bargaining unit employees were not frozen due to their existing contracts. The bonus would be paid to Civil Service employees who were employed by the City on September 30, 2009, and who are still on our payroll at the time the bonus is paid. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford THROUGH: David T. Harden, City Manager DATE: November 24, 2009 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 RESOLUTION NO. 59-09 ITEM BEFORE COMMISSION Request approval of Resolution No. 59-09 allowing for a fire assessment fee, if adopted, to be placed on the property tax bill. BACKGROUND The City of Delray Beach is required to provide a resolution duly passed by the City Commission to allow for the billing of a fire assessment fee on the property tax bills as a non ad valorem assessment. This resolution must be passed and presented to the County Tax Collector, County Property Appraiser and the State Department of Revenue prior to January 1st of 2010 in order to be allowed on the November, 2010 tax bills. This resolution provides the legal authority for the City to use this billing method if it so wishes. If the fire assessment fee debate does not result in the fee being adopted, this resolution will not be used. However, if the fire assessment fee is adopted, this resolution is in place to allow the City to go forward with the process. This resolution should have no influence on whether the fire assessment fee is approved or not approved in the future. RECOMMENDATION The City Commission is requested to approve this resolution allowing for the use of the property tax billing method for a fire assessment fee. RESOLU'iONNO.59-09 A RESOLU110N OF C rI'Y OF DELRAY BEACH FLORIDA ELECTING TO USE. TM UNIFORM METHOD OF 001 ECIING NON -AD VALOREM SPEC AI;, ASSESSMENT5 LEVIED WMIN THE INCORPORATED AREA OF THE CITY; STAMG A NEED FOR SUCH LEVY; PROVIDING FOR TIM MAILING OF THIS RESCLUITON; AND PROVMM FOR ANEFFEC'IM DA'Z'E. WIlEREAS, the Qty of Delray Beach, Florida (the °`Cid) is cozaterxtplatiug the imposition of special assessments for the provision of fire rescue services; and 'd MREAS, the Oty intends to use the uniform method for eolec* non -ad valorem special assessmetxms .for the cost of providing funs reser services to property within the incorporated area cf the City as authorized by section 197 3632, Florida Statutes, as amended, because this method vM -allow such special assessments to be colleted annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and VMREAS, the City held a duly advertisedhearing prior to the adoption of this Resolunc o, proof of pubkation of such hearing beingauched hereto as Exhibit A. NOW, TE EREFORE, BE IT RESOLVED BY THE CTY 00WGSSION OF THE QTY OF DEE.RAY BE ACK FLORIDA, AS FOLLOWS: lmiml Come with the Fiscal Year beginning on October 1, 2010, and with the tax statement mated for such Fiscal Year and continuing thereafter unto discontinued by the Cty, the C.aty intends to use the uniform method of eollectiz g non -ad valorem assessments authori;wd in section 197.3632, Florida, Ste, as amended, for cr llectmg non -ad valorem assessments for the cost of providing fire rescue services. Such non -ad valorem assessments shall be levied v+ithin the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated byrefewnce. The Cty hereby determines that the levy of the assessments is needed to fwd the cost of ire rescue services vvfthin the ireorporated area of the Qty: Upon z1aption, the. City Clerk is hereby directed to send a copy of this Rma esolution byUnized States mto the: Flu d& Department of Revenue, the Palen Beach CountyTax Collector, and the Palm Beach CountyFropertyAppraiser byjam ny.10, 2010. section. This Resolution shall be effective upon adoption. PASSED AND ADOPTED in regular session on the dayof .2009. VivivLo" Attest: EXEIIBIT A PROOF OF PLIBUC,AMON (See Aj CITY OF DEFRAY BEACH, FLORIDA NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS The City of Delray Beech, Florida (the Tity4) hereby provides notice, pursuant to section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem special assessments to be levied within the incorporated area of the City, for the cost of providing fire rescue services commencing for the Fiscal Year beginning on October 1, 2010 and continuing until discontinued by the City. The City will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Florida Statutes, at a public hearing to be held at 7.00 p.m. on December 1, 2409 atthe Commission Chambers, City Hall, 100 NW 1st Avenue, Delray Beach, Florida. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are an file at the City Cleric, 100 NW 1st Avenue, Delray Beach, Florida. All interested persons are invited to attend. In the event any person decides'to appeal any decision by the City with respect to any matter relating to the consideration of the resolution at the above - referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing Is made, which record includes the testimony and evidence on which the appeal is to be based. In accordance with the Americans with Disabilitles Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact Doug Smith at (561) 243-7010 at least 24 hours prior to the date of the hearing. DATED this 2e day of October, 2009. CITY OY DELRAY BEACH, FLORIDA Claevelle D. Nubu4 CMC City Clerk PUBLISH: November 2, 9, 16, 23, 2009 Palm Basch Post 120 me Pala aead P€ist ( ` PM'MB& chP66ixoom' Monday, November 2; 2U[ 3 12IDMonday., November 9, 20n9 The 'alm Beach Post paImBeachPost.cGm The Palm. Beach.Post ) Paim.BeachPost.com t2D Monday, November 16;2009 '141@ 'ThI6 Palm Beach Post FUmBeachPosi.com ant to Us ng. n< its to (561)820-4343 1 Morldw, November 23, 2009 iur Lne rmcai Year e'Rlnnipgon,Octo er,1,-201Q,and.con-j tints ri,u,"', "I aIsc nt, n , , . 'ed. by'th'o. i,,, The p - Ilconsider e� adoption 6 a r 6ti6n electing to use the uni i?rm rn of collecting such assess pants a ' rize section 1 7,3632, 16r! a S t u i 6, at a' public Hearing to be: held at.7:00 . , g' ece er 1, 2009 at the 0 1 1 Mwn ambers, it all, 10 ist Avenue,' betray Beach, Florida: Such resolution will state the need,fo'r the levy and will contain'a , egaf d6seription ;�f the boundaries of the real Frop . efty-subject to the Levy, Copies 0 the pro -posed form of resolu- tion, which contains the legal desvip- .ti on of the real property so Uject to the are on fi[6.'at the City. Clerk, 100 NW I st AVehue, Delray B6ach, Florida:All interested. persons are invited to attend: ' � In the, eve ht any,0ersoh decides to appeal any decision-by'th"e City with respect 1 ct to any, matter relating to the consideration of the resdhJtR>q at the above-lre€eienred �ublic he6?lng, a record of the Procee'dinj may be needed a'ncl.in Such a� evpnt,such per- son may need. :to,en . sure that a verba- tim record of the public hearing is made, which record includes the testi- mony and evidence on which the appeal is to be based, In ,accordance with the Americans with Disabilities A6t, per. somi'neecllhg especial accommodation or an Interpreter to oarticin,ita ;n tk;c to the date of the hearing. DATED this 29th da � of October, 2009. CITY OF DELRAY $ACH, FLORIDA Cl evelle D. Nubia, CMC C't ae'k 'I Th. Beach Post PU November"7,B166 , 2, 23, 2009 I' ,! 99 11. I ;; LEGAL DESMON (See Amdmd) P-1 :lil! AREA DESCRIPTION GREATER DELRAY BEACH AREA SECTIONS 12,13,24,25 AND PORTIONS OF SECTIONS 14,23 AND 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST, SECTIONS 7,8,9,17,18,19,20,29,E AND PORTIONS OF SECTIONS 10,16,21,26,32 AND 33 TOWNSHIP 46 SOUTH, RANGE 43 EAST _ CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AWA 10MCMPTE M-] BEGIN AT A POINT WHERE THE SOUTH LINE OF LOT SIXTEEN OF BLOCK D, OF THE REVISED PLAT OF BLOCKS D AND I�., PALM BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, AT PAGE 38, PALM BEACH COUNTY PUBLIC RECORDS, INTERSECTS THE SHORES OF THE ATLANTIC OCEAN; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT SIXTEEN IN BLOCK D, TO A POINT WHERE THE SOUTH LINE OF LOT SIXTEEN EXTENDED, INTERSECTS THE WEST LINE OF OCEAN BOULEVARD, AS NOW LAID OUT AND CONSTRUCTED THROUGH SECTIONS NINE AND TEN, TOWNSHIP 46 SOUTH, RANGE 43 EAST, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID OCEAN BOULEVARD TO A POINT WHICH IS TEN FEET SOUTH OF THE SOUTH LINE OF LOT SEVENTEEN -A, BLOCK D OF SAID REVISED PLAT OF BLOCKS D AND E OF THE PALATI BEACH SHORE ACRES; THENCE WEST ALONG A LINE WHICH IS TEN FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT SEVENTEEN -A TO THE SOUTH LINED OF LOT C,. BLOCK D OF SAID REVISED PLAT OF BLOCKS D AND E, PALM BEACH SHORE ACRES; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT C TO A POINT WHERE THE WEST LINE OF THE EAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION NINE, TOWNSHIP 46 SOUTH, RANGE 43 EAST, INTERSECTS THE SOUTH LINE OF SAID LOT C EXTENDED; THENCE SOUTH ALONG SAID WEST LINE OF THE EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION NINE (SAID LINE ALSO BEING THE WEST RIGHT OF WAY UNE OF ANDREWS AVENUE AS NOW CONSTRUCTED AND IN USE) A DISTANCE OF 89.401 FEET; THENCE WESTERLY AND PARALLEL TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT C A DISTANCE OF 138 FEET, THENCE IN A SOUTHERLY DIRECTION AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF ANDREWS AVENUE A DISTANCE OF 81 FEET; THENCE IN A WESTERLY DIRECTION PARALLEL TO AND 170.5 FEET SOUTH OF THE WESTERLY EXTENSION OF THE SAID SOUTH LINE OF LOT C, A DISTANCE OF aw FEET MORE OR LESS TO THE CENTER LINE OF THE INTRACOASTAL WATERWAY, AS NOW CONSTRUCTED AND IN USE; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID INTRACOASTAL WATER WAY TO A POINT WHERE THE SOUTH LINE OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST INTERSECTS THE CENTER LINE OF SAID INTRACOASTAL WATERWAY; THENCE WESTERLY ALONG SAID SECTION LINE A DISTANCE OF 814 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, THENCE NORTHERLY ALONG THE MST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 603.4 FEET MORE OR LESS TO THE SOUTH LINE OF DELRAY BEACH ESTATES AS RECORDED IN PLAT BOOK 21. AT PAGE 13, PALM BEACH COUNTY PUBLIC RECORDS; THENCE CONTINUE NORTH ALONG THE EAST LINE OF SAID DELRAY BEACH ESTATES TO THE SOUTHEAST CORNER OF LOT 25 OF SAID DELRAY BEACH ESTATES; THENCE CONTINUE NORTHWESTERLY ALONG THE SOUTH LINE OF SAID LOT 25, ALONG AN EASTERLY PROJECTION OF THE SOUTH LINE OF LOT 20 AND ALONG SAID SOUTH LANE OF LOT 20, DELRAY BEACH ESTATES TO THE SOUTHWEST CORNER OF SAID LOT 20, THENCE ALONG A NORTHWESTERLY PROJECTION OF SAID SOUTH LINE OF LOT 20 TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE FLORIDA EAST COAST RAILWAY'S RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID WEST LINE OF THE F.E.C. RAILWAY COMPANY"S RIGHT-OF-WAY TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF GULF STREAM BOULEVARD; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF GULF STREAM BOULEVARD TO THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD. HE LER4NFAV92 ANO SNEfiEMETA, INC. !�sENDe FLORIDA STATE L.B. NO. 3449 P.B. PLAT BOOK Or. DANIEL C. LAAK PG. PAGE(S) PROFESSIONAL SURVEYOR AND MAPPER O.R.B. OFFICIAL RECORDS BOOK FLORIDA REG. NO. g Heller - Weaver and wermeta, Inc. � °�' RME Engineers... ... Surve ors and Ma a�rn� r w Mo. +� � PPS aA�o ar: ac, w►�c 3108.IM IdSk A, SUb5 Ilft Bea* FlmW SO SHEEP 20Fa E a rxa aooQan (561) 24347Q0 - Plim (561) 2MT1 i'- Fax FLEN0. wiffisom AREA DESCRIPTION GREATER DELRAY BEACH AREA SECTIONS 12,13,24,25 AND PORTIONS OF SECTIONS 14,23 AND 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST, SECTIONS 7,8,9,17,18,19,20,29,30 AND PORTIONS OF SECTIONS 10,16,21,28,32 AND 33 TOWNSHIP 46 SOUTH, RANGE 43 EAST CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA ARIA DOMI IPT1014 (CONT HUED) 'THENCE WESTERLY TO THE SOUTHEAST CORNER OF LOT 17, BLOCK 1, HILLS AT LAKE EDEN, P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 79 AT PAGE 89 OF THE PALM BEACH COUNTY PUBLIC RECORDS, SAID SOUTHEAST CORNER BEING ON THE WEST RIGHT OF WAY LINE OF SEACREST BOULEVARD; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID BLOCK 1 TO THE EAST RIGHT OF WAY LINE OF 61MNMN AVENUE; THENCE WESTERLY TO THE EASTERN MOST NORTHEASTERN CORNER OF LOT 62, LAKE EDEN SUBDIVISION PIAT NO. 4. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30 AT PAGE 122 OF THE PALMI BEACH COUNTY PUBLIC RECORDS, SAID CORNER DING ON THE WEST RIGHT OF WAY LINE OF SWINTON AVENUE; THENCE SOUTHERLY ALONG THE WEST RIGHT OF WAY LINE OF SWINTON AVENUE TO THE SOUTHEASTERN CORNER OF SAID LOT 62;- THENCE WESTERLY ALONG THE SOUTH LINE OF SAID FAKE EDEN SUBDIVISION PLAT NO.4 TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LAKE EDEN SUBDIVISION PLAT 1110.3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT PAGE 219 OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LAKE EDEN SUBDIVISION PLAT NO. 3 TO THE NORTH LINE OF LAKE EDEN SUBDIVISION PLAT NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28 AT PAGE 2.16 OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE WESTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF LOT 5 OF SAID PLAT NO. 1; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 5 AND LOT S OF SAID PLAT NO. 'I AND THE SOUTHERLY EXTENSION THEREOF TO A PONT ON THE NORTH LINE OF LOT 13 OF SAID PLAT NO. 1; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 13 AND LOTS 14,15 AND 16 OF SAID PLAT NO. 1 TO THE EAST RIGHT OF WAY OF SOUTH LAKE DRIVE; THENCE WESTERLY TO A POINT ON THE WEST RIGHT OF WAY LINE OF SOUTH LAKE DRIVE, SAID POINT BEING THE SOUTHEAST CORNER OF THE PROPERTY IDENTIFIED IN THE PROPERTY APPRAISERS OFFICE OF PALM BEACH COUNTY WITH PROPERTY CONTROL NUMBER 084""6-00-00"520 DESCRIBED IN OFFICIAL RECORD BOOK 14596, AT PAGE 461, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE WESTERLY FOR 70.21 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID CURVE WITH A RADIUS OF 150 FEET FOR A DISTANCE OF 235AI FEET; THENCE SOUTHERLY TO THE NORTHWEST CORNER OF PLAT OF LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOFAS RECORDED IN PLAT BOOK 25 AT PAGE 26 OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PLAT OF LAKE SHORE ESTATES TO A POINT IN THE SOUTH UNE OF SAID SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST; THENCE WESTERLY ALONG THE SOUT14 LINE OF SECTIONS 5 AND 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST; THENCE CONTINUE WESTERLY ALONG THE SOUTH LINE OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST TO THE EAST RIGHT OF WAY LINE OF MILITARY TRAIL; THENCE SOUTHERLY ALONG THE SAID EAST RIGHT OF WAY LINE OF MILITARY TRAIL TO THE NORTHWEST CORNER OF WINTER PLACE A P.U.D. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 89 AT PAGE 179 OF THE PALM BEACH COUNTY PUBLIC RECORDS; 'THENCE CONTINUE SOUTHERLY ALONG THE SAID EAST RIGHT OF WAY FOR A DISTANCE OF 16.86 FEET; THENCE WESTERLY FOR BAD FEET; THENCE SOUTHERLY ALONG THE SAID EAST RIGHT OF WAY LINE OF MILITARY TRAIL TO A POINT OF INTERSECTION WITH THE SAID EAST RICHT OF WAY LINE OF MILITARY TRAIL AND THE EASTERLY EXTENSION OF THE SOUTHERLY RIGHT OF WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL 32; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION TO THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL; THENCE CONTINUE WESTERLY- ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID CANAL LATERAL 32 FOR A DISTANCE OF WS 83 MORE OR LESS; THENCE SOUTHERLY FOR 60.05 FEET; THENCE EASTERLY TO THE WEST LINE OF LOT 4, BLOCK 1, OF ROCKLAND PARK. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK.24 AT PAGE 23 OF THE PALM BEACH COUNTY PUBLIC RECORDS: THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 4, BLOCK 7 TO THE NORTH LINE OF LE SEDONA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 78 AT PAGE 189, OF THE PALM BEACH COUNTY PUBLIC RECORDS, THENCE WESTERLY ALONG THE NORTH LINE OF SAID PLAT OF LE SEDONA TO Helier- Deaver and Sheremeta, inc.WA W. MUE Engineer ... Surveyors and Mappers mar. , 310 SE 1st SIte S Del W Bea, Fonda 3= SWER 30F8 ee Naaaaatws (S6I)24347W-Pipes (Wl) 434M -Fax iuN0. W55mm AREA. DESCRIPTION GREATER DELRAY BEACH AREA SECTIONS 12,13,24,25 AND PORTIONS OF SECTIONS 14,23 AND -26, TOWNSHIP 46 SOUTH, RANGE 42 EAST, SECTIONS 7,8,9,17,18,19,20,29,30 AND PORTIONS OF SECTIONS 10,16,21,28,32 AND 33 TOWNSHIP 46 SOUTH, RANGE 43 EAST CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA I ARM DRSCRIPTION: (COKIIIINUND) EAST RIGHT OF WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF THE FOUNTAINS OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, AT PAGE 37, OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE WESTERLY ALONG THE SAID EASTERLY EXTENSION TO THE WEST RIGHT OF WAY LINE OF SAID MILITARY TRAIL AND THE NORTHEAST CORNER OF SAID FOUNTAINS OF DELRAY BEACH; THENCE CONTINUE WESTERLY ALONG THE NORTH LINE OF SAID FOUNTAINS OF DELRAY REACH TO THE NORTHWEST CORNER OF SAID FOUNTAINS OF-DELRAY BEACH; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID FOUNTAINS OF DELRAY BEACH TO THE SOUTHWEST CORNER OF SAID FOUNTAIN OF DELRAY BEACH; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID FOUNTAINS OF DELRAY BEACH TO THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL; THENCE CONTINUE EASTERLY ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID FOUNTAINS OF DELRAY BEACH TO THE EAST RIGHT OF WAY LINE OF MILITARY TRAIL AND THE WEST LINE OF PLAT OF DELRAY SQUARE II,.ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 82, AT PAGE 63, OF THE PALM: BEACH COUNTY PUBLIC RECORDS; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF MILITARY TRAIL AND THE SAID WEST LINE OF SAI D PLAT OF DELRAY SQUARE 11 TO A POINT ON THE NORTH LINE OF TRACT 4 OF SAID PLAT OF DELRAY SQUARE II; THENCE WESTERLY ALONG THE NORTH LINE OF SAID TRACT 4; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID TRACT 4 AND TRACT 3 OF SAID PLAT OF DELRAY SQUARE II; THENCE EASTERLY TO THE WEST LINE OF AH.C. # 3 PLAT; ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, AT PACE 37, OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE SOUTHERLY ALONG -THE WEST LINE OF SAID A.H.C.# 3 PLAT AND THE EAST RIGHT OF WAY LINE OF MILITARY TRAIL AND THE SOUTHERLY EXTENSION THEREOF TO THE WESTERNMOST NORTHWESTERLY CORNER OF TRACT A, SUAREZ DELRAY MOBIL, ACCORDING TO THE PIAT THEREOF AS RECORDED IN PLAT BOOK 74, AT PAGE 13, OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE WESTERLY TO A POINT OF INTERSEC11ON OF THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL AND THE SOUTHERLY RIGHT OF WAY LINE OF WEST ATLANTIC AVENUE; THENCE NORTHWESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF ATLANTIC AVENUE FOR A DISTANCE OF 156.06 MORE OR LESS; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SAID WEST ATLANTIC AVENUE TO A POINT ON THE WEST LINE OF LOT 2, BREEZY ACRES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 79, OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE SOUTHERLY ALONG THE WEST LINE OF-SNO LOT 2, AND LOTS 3 AND 4 OF THE SAID PLAT OF BREEZY ACRES; THENCE EASTERLY ALONG THE SOUTH UNE OF SAID LOT 4 TO THE WEST LINE OF COCONUT KEY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 91, AT PAGE 26, OF THE PALM BEACH COUNTY PUBLIC RECORDS; THELE SOUTHERLY ALONG THE WEST LINE OF THE SAID PLAT OF COCONUT KEY TO THE SOUTHWEST CORNER OF SAID PLAT OF COCONUT KEY AND THE SOUTH LINE OF SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST; THENCE EASTERLY ALONG THE SAID SOUTH UNE OF SECTION 14 AND THE NORTH RIGHT OF WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL 34 TO A POINT OF INTERSECTION WITH THE SAID SOUTH LINE OF SECTION 14 AND THE NORTHERLY EXTENSION OF THE WEST LINE OF TRACT 0" OF GRAMERCY PARK SQUARE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 107, AT PAGE 5, OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE SOUTHERLY ALONG THE SAID NORTHERLY EXTENSION OF THE WEST LINE OF TRACT OS -5 AND SAID WEST LINE OF TRACT 0S-6 TO THE SOUTH LINE OF SAID PLAT OF GRAMERCY PARK SQUARE; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID PIAT OF GRAMERCY SQUARE To THE EAST RIGHT OF WAY LINE OF MILITARY TRAIL.; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF MILITARY TRAIL TO THE NORTH LINE OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST; THENCE WESTERLY ALONG THE SAID NORTH LINE OF SECTION 25 AND THE. NORTH LINE OF SECTION 26, TOWNSHIP 46 SOUTH. RANGE 42 EAST, TO THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL; THENCE CONTINUE WESTERLY ALONG THE NORTH LINE OF SECTION 26 AND THE SOUTH RIGHT OF WAY LINE OF LINTON - Heller- Deaver and Sham -eta, inc. Engineers... Surveyors and Mappers Wwmft W.F40M UM 31D S.E 1at %b 6 Delr�t'�. Fbft 3= ABY 4 ( o sH�r: ��a s sa aoas is (561) 243= - Phww (SI)2434777-Fax FILE pro W1�r ARCA DESCRIPTION GREATER DELRAY BEACH AREA SECTIONS 12,13,24,25 AND PORTIONS OF SECTIONS 14,23 AND M TOWNSHIP 46 SOUTH, RANGE 42 EAST, SECTIONS 7,5,9,17,18,19.20,29,50 AND PORTIONS OF SECTIONS 10,16,21,28,32 AND 33 TOWNSHIP 46 SOUTH, RANGE 43 EAST CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AREA loll 80UPTION.- (CONTINUED) BOULEVARD FOR A DISTANCE OF 853.64 FEET; THENCE SOUTHERLY FOR 42.50 FEET; THENCE WESTERLY FOR 20.00 FEET; THENCE SOUTHERLY FOR. 679.31 FEET; THENCE WESTERLY FOR 524.75 FEET; THENCE NORTHWESTERLY FOR 35.36 FEET; THENCE NORTHERLY ALONG THE EAST UNE OF PROPERTY IDENTIFIED IN THE PROPERTY APPRAISERS OFFICE OF PALM BEACH COUNTY WITH PROPERTY CONTROL NUMBER 1242-46-264*WO-1040, DESCRIBED IN OFFICIAL RECORD BOOK 3441, AT PAGE 389, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FOR A DISTANCE OF 268.71 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST RAVING A RADIUS OF 147.66 FEET; THENCE NORTHERLY ALONG SAID CURVE FOR A DISTANCE OF 147.66 FEET TO A POINT OF TANGENCY; THENCE NORTHEASTERLY ALONG A TANGENT LINE A DISTANCE OF 78.60 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 198.05 FEET; THENCE NORTHERLY ALONG SAID CURVE FOR A DISTANCE OF 199.87 FEET; THENCE NORTHERLY ALONG SAID EAST LINE TO A PROPERTY IDENTIFIED IN THE PROPERTY APPRAISERS OFFICE OF PALM BEACH COUNTY WITH PROPERTY CONTROL NUMBER 12-4248-35 O O -115D. DESCRIBED IN OFFICIAL RECORD BOOK 3442 AT PAGE 306 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTHEASTERLY FOR A DISTANCE OF 35.30 FEET TO THE SOUTH RIGHT OF WAY LINE OF LINTON BOULEVARD; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY UNE OF LINTON BOULEVARD TO THE EAST LINE OF THE PROPERTY IDENTIFIED IN THE PROPERTY APPRAISERS OFFICE OF PALM BEACH COUNTY WITH PROPERTY CONTROL NUMBER 12-4246-254KH)W1190, THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE NORTH LINE OF COUNTRY LAKE, A P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45 AT PAGE 165 OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL; THENCE EASTERLY ALONG THE EASTERLY EXTENSION OF THE SAID NORTH LINE TO THE EAST RIGHT OF WAY LINE OF MILITARY TRAIL; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF MILITARY TRAIL TO TIME SOUTHWEST CORNER OF TRACT D, DEL AIRE GOLF CLUB, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, AT PAGE 1, OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID TRACT D AND THE SOUTH RIGHT OF WAY LINE OF LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL 38; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF LOT 39, BLOCK 7, MYKONOS COURT OF BOCA GOLF AND TENNIS CLUlk ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 66 AT PAGE 123 OF THE PALM BEACH COUNTY PIJ1311C RECORDS; THENCE CONTINUE EASTERLY ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 39 TO THE CENTER LINE OF THE FAKE WORTH DRAINAGE DISTRICT E-4 CANAL; THENCE NORTHERLY TO THE CENTER LINE OF THE AFORESAID CANAL 38, AND THE CENTER LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CANAL C-15; THENCE EASTERLY ALONG SAID CENTER LINE AND THE SOUTH LINE OF SECTIONS 30 AND 29, TOWNSHIP 48 SOUTH, RANGE 43 EAST, TO A POINT WHERE THE CENTER LINE OF THE C-15 CANAL INTERSECTS WITH SAID SOUTH LINE OF SECTION 29; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE CENTER LINE OF SAID C-16 CANAL TO A POINT OF INTERSECTION WITH THE CENTER LINE OF THE INTRACOASTAL WATERWAY; THENCE IN A NORTHERLY DIRECTION ALONG THE CENTER LINE OF SAID INTRACOASTAL WATERWAY TO AN INTERSECTION WITH THE EXIST -WEST CENTER LINE OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST,. THENCE IN AN EASTERLY DIRECTION A DISTANCE OF I.WD FEET MORE OR LESS TO THE WATER'S EDGE OF THE ATLANTIC OCEAN; THENCE IN A NORTHERLY DIRECTION ALONG THE WATER'S EDGE TO A POINT IN THE SAID SOUTH LINE OF LOT 16, BLOCK 0, OF THE REVISED PLAT OF BLOCKS D AND E, PALM BRACH SHORE ACRES, SAID POINT BEING THE POINT OF BEGINNING. LESS THE FOLLOWING PARCELS OF LANDS Heller - Weaver and Sheremeta,enc. SCA Engineers .. Surveyom and Mappens WVM BY. w ROUE 319S.E15ISL*SUIib5 Oft0emkRaft 334LB UR �: =tAW Sof: 50F8 & t+tr oanacre t561j 243M - ftm (581 j 243,8M -FmFLE NO. M1929m GREATER DELRA'!f BEACH AREA SECTIONS 12,13,24,25 AND PORTIONS OF SECTIONS 14,2.3 AND 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST, SECTIONS 7,8,9,17,18,19,20,29,30 AND PORTIONS OF SECTIONS 10,16,21,28,32 AND 33 TOWNSHIP 46 SOUTH, RANGE 43 FIST CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA 1,8$ = OUT PMCELB C1 rmMulILIk PJMCM 1 THE NORTHWEST ONE QUARTER (NW Y) OF THE SOUTHWEST ONE QUARTER (SW %) OF THE NORTHWEST ONE QUARTER (NW Y.) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST AND THE WIVEST ONE HALF (112) OF THE NORTHEAST ONE QUARTER (NE %) OF THE SOUTHWEST ONE QUARTER (SW %) OF THE NORTHWEST ONE QUARTER (NW Y) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST AND THE NORTH 396 FEEL' OF THE WEST ONE HALF (W %) OF THE SOUTHWEST ONE QUARTER (SW %) OF THE SOUTHWEST ONE QUARTER (SW 3/) OF THE NORTHWEST ONE QUARTER (NW 34) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42. EAST_ AND PARCT L 2r THE WEST ONE QUARTER (W %) OF THE NORTHWEST ONE QUARTER (NW %) OF THE NORTHEAST ONE QUARTER (NE %) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST. PAMICEL 3 THE SOUTH 209 FEET OF THE NORTH 299 FEET OF THE EAST 249 FEET OF THE NORTHEAST ONE QUARTER (NE YA) OF THE NORTHEAST ONE QUARTER (NE Y.) OF THE NORTTIWEST ONE QUARTER (NW Y) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST. fb PAIMIrL 4 THE PLAT OF GOLF CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 25 AT PAGE 235 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING WITHIN THE NORTHWEST ONE QUARTER (NW Y) OF SECTION 12, TOVMSHIP 46 SOUTH. RANGE 42 EAST. AND PAILS THE SOUTH ONE FIFTH (S 115) OF THE NORTH TWO FIFTHS (N 215) OF THE EAST ONE HALF (E %) OF THE SOUTHEAST ONE QUARTER (SE Y.) OF THE SOUTHEAST ONE QUARTER (SE V) OF THE NORTHWEST ONE QUARTER (NW A) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 LAST. AND PARCIL S THE SOUTH ONE FIFTH (S 115) OF THE NORTH FOUR FIFTHS (N 415) OF THE EAST ONE HALF (E %) OF THE SOUTHEAST ONE QUARTER (SE Y4) OF THE SOUTHEAST ONE QUARTER (SE %) OF THE NORTHWEST ONE QUARTER (NTN /a) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST. m Heb e and Shereme�, enc. Engineers... Surveyors and Mappers 311I 5E 1at 5 ilakalr t3e� Fforkl� �3 F-6. MOUW0 (M)2484= -Ph= M)243 W -Fax GREATER DELRAY REACH AREA SECTIONS 12,13,24,25 AND PORTIONS OF SECTIONS 14,23 AND 28, TOWNSHIP 46 SOUTH, RANGE 42 EAST, SECTIONS 7,8,9,17,18,19,20,29,30 AND PORTIONS OF SECTIONS 10,16,21,28,32 AND 33 TOWNSHIP 46 -SOUTH, RANGE 43 EAST CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA LES OUT PARCELS CONTINUED. PARCEL 7 THE WEST ONE HALF (E V4 OF THE SOUTHEAST ONE QUARTER (SE %) OF THE SOUTHEAST ONE QUARTER (SE %) OF THE NORTHWEST ONE QUARTER (NW i.) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST. AND PARCIEL & A PARCEL OF LAND IN THE SOUTHWEST ONE QUARTER (SW Y.) OF THE SOUTHEAST ONE QUARTER (SE V) OF THE NORTHWEST ONE QUARTER (NW i/) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRNED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER (SW l) OF THE SOUTHEAST QUARTER (SE %) OF THE NORTHWEST QUARTER (NW %) OF SECTION 12; THENCE WESTERLY ALAN THE NORTH LINE THEREOF A DISTANCE OF 221.59 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE WESTERLY, ALONG THE SAME COURSE, A DISTANCE OF 211.08 FEET MORE OR LESS, THENCE SOUTHERLY, ALONG A LINE 232.08 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1,2, A DISTANCE OF 624.67 FEET, MORE OR LESS TO A POINT IN A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (NW Y) OF SAID SECTION 12; THENCE EASTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 212.0 FEET, MORE OR LESS TO -A POINT IN THE WEST LINE OF THE EASTERLY ONE-THIRD (113) OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHVVEST QUARTER OF SECTION 12; THENCE NORTHERLY, ALONG SAID WEST LINE, A DISTANCE OF 624.16 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AFOREMENTIONED. AND PARCEL. 9 THE PLAT OF FRANWOOD PINES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28 AT PACE 236 OF THE PUBLIC RECORDS OF PALM BEACH COMM, FLORIDA LYING MHIN THE SOUTHEAST ONE QUARTER (SE 1.) OF THE NORTHWEST ONE QUARTER (NW %) OF SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST_ AND PARCEL. 10 THE PLAY OF KINGSLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, AT PAGE 94, OF THE PUBLIC RECORDS OF PALMI BEACH COUNTY, FLORIDA LYING WITHIN THE SOUTH ONE HALF (S %) OF THE SOUTH ONE HALF (S %) OF THE NORTHEAST ONE QUARTER (NE YY.) OF SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST. AND PARCEL 11 THE SOUTH 23:0 FEET OF THE NORTH ONE HALF (N %) OF THE SOUTHWEST ONE QUARTER (SW %) OF THE NORTHEAST ONE QUARTER (NE %) OF SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST. - feller s Weaver and Shermela, inc. Engineers ... Surveyors and Mappem � 310 B E 1s1 S6� am 5 . Beeth, � am Stir: ?0F8 Eae�aana (W1)24H9litl-Fbm (9112434M -ft F&Efft &1559�w AREA DESCRIPTION GREATER DELRAY REACH AREA SECTIONS 12,13;24.26 AND PORTIO OF SECTIONS 14,23 AND 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST, SECTIONS 7,8,9,17,18,19,20,29,30 AND PORTIONS OF SECTIONS 10,16,21,28,32 AND 33 TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA LEAD t1►UT PARCELS CONTINUEN AND PARCEL 112 THE SOUTH 230 FEET OF THE NORTH ONE HALF (N %) OF THE SOUTHEAST ONE QUARTER (SE Y) OF THE NORTHEAST ONE QUARTER (NE %) OF SECTION 13, TOWNSHIP 46 SOUTH, RADE 42 EAST. PARCEL 13 THE NORTH 238 FEET OF THE SOUTH 460 FEET OF THE NORTH ONE HALF (N 141 OF THE SOUTHEAST ONE QUARTER (SE %) OF THE NORTHEAST ONE QUARTER (NE W OF SECC11ON 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LESS THE WEST 930 FEET -THEREOF. AND PARCEL 14 THE SOUTH 40D FEET OF THE NORTHWEST ONE QUARTER (NW %) OF THE SOUTHWEST ONE QUARTER (SW Y) OF THE NORTHWEST ONE QUARTER (NW %)-OF SECTION 18, TOWNSIMP 46 SOUTH, RANGE 43 EAST, AND PARCEL 15 THE PLAT OF FOXE CHASE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 38, AT PAGE 1, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING WINN THE WEST ONE HALF (W !:) OF THE NORTH ONE QUARTER (N %) OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA. THE HEREIN DESCRIBED DESCRIPTION OF THE CITY LIMITS OF DELRAY BEACH, FLORIDA WAS BASED UPON AN ELECTRONIC DRAWING PROVIDED BY THE CITY OF DELRAY BEACH. wNe er - Deaver and Shereme�, Inc.SCAM WA aTr-' Engineers ... Surveyors and Malppem a te: W. MlE 31I3S.E.l�`•�e'L,SuI�S �I�Lda 93483 �1�f: etlFe - ----ear (SBt)2438780-FFiunm (961�I.1.8777-FBic FSFurs m.ccmM. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 19, 2009 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 ORDINANCE NO. 60-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city -initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. BACKGROUND At the first reading on November 17, 2009, the Commission passed Ordinance No. 60-09. RECOMMENDATION Recommend approval of Ordinance No. 60-09 on second and final reading. AN ORDINANCE OF THE CITY COMlV1ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, IN ACCORDANCE WITH SECTION 163.506, FLORIDA STATUTES; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE DELRAY BEACH CITY COMMISSION AS THE BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING AUTHORIZATION FOR THE DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP TO ONE MILL ANNUALLY; PROVIDING AUTHORIZATION FOR DISTRICT USE OF SPECIAL ASSE SSME NTS PURSUANT TO SECTION 163.514, FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY THE CITY COMMISSION BY RESCINDING THE ORDINANCE; PROVIDING FOR THE CODIFICATION OF SECTION 2 OF THIS ORDINANCE AS A NEW ARTICLE 8.7, "CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, existing physical and landscaping elements within the Chatelaine Neighborhood area can be considered as having a crime to -environment relationship; and, WHEREAS, residents of the Chatelaine Neighborhood area believe that the creation of the Chatelaine Local Government Neighborhood Improvement District ("the District") will promote the health, safety and general wElfare of the residents of the District, stabilize the neighborhood and enhance the desire to live in the area, and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewEd the proposed text amendment at a public hearing held on November 16, 2009 and voted to to recommend that the changes be approved, and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report, and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 8.7, "Chatelaine Local Government Neighborhood Improvement District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: ARTICLE 8.7 CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT Section 8.7.1 Chatelaine Local Government Neighborhood Improvement District: (A) Creation: A Local Government Neighborhood Improvement District, to be known as the Chatelaine Local Government Neighborhood Improvement District (the "District"), is hereby created pursuant to Section 163.506 Florida Statutes, to include an area of approximately 50.12 acres described as Blocks 1 thru 8, inclusive, and all of that part of Parcel "A" lig south of a line running from the Northeast corner of Lot 26, Block 8, to the NorthInest corner of Lot 52, Block 1, Plat No. 1 of Chatelaine, according to the Plat thereof, as recorded in Plat Book 29, at Pages 94 and 95, of the Public records of Palm Beach County, Florida, is hereby created A map of the above area is attached as exhibit "A' . (B) Designation of Board of Directors: The Delray Beach City Commission is hereby designated as the Board of Directors of the District. (C) Utilization of Tax or Special Assessment: The District is hereby authorized to levy an ad valorem tax on real and personal property of W to one mill annually, to support planning and implementation of District improvements. The District is hereby authorized to use special assessments, pursuant to Section 163.514(16), Florida Statutes, to support planninu and lementation of District improvements. (D) Authority to Uply for and Receive a Planning Grant: The Chatelaine Local Government Neighborhood Improvement District created herein is hereby authorized to apply for and receive a planning grant from the Department of Legal Affairs. (E) Establishment of an Advisory Council: An Advisor,: Council is hereby established for the Chatelaine Local Government Neighborhood Improvement District. The Advisory Council shall be composed of no fewer than five (5) and no more than seven Q members who shall be both owners of real property located in the District and residents of the District. The 2 ORD. NO. 60-09 prescribed by the Board of Directors and shall submit within the time period specified by the Board of Directors, a report on the District's proposed activities and a proposed budget to accomplish the District's objectives. (F) Prohibition of Power: The City Commission of the City of Delray Beach may prohibit the use of any district power authorized by Florida Statute Section 163.514. (G) Dissolution of the District: The District maybe dissolved by the QV Commission of the Uty of Delray Beach by rescinding the ordinance creating the District. The Uty Commission shall consider rescinding the ordinance if presented with a petition containing the signatures of sixty (60) percent of the residents of the District. Section 3. That upon the adoption of this ordinance, the Department of Legal Affairs and the Department of Community Affairs shall be notified within 30 days, in writing, of the establishment of the District, pursuant to Florida Statute Section 163.5055. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD. NO. 60-09 Exhibit A m'M a H16Z "M'N a 3 3AI�17= z ¢ ¢ � 3 ❑ ❑ n o Lf. w '3Atl H10£ MN z ❑ � s Q ❑ ❑ ❑ 7i Z z O '-IAV IS l£ "M'N m J sa z J N 3 ONZ£ 'M "N z ¢ O avM m 30N3aMVI EEI [El [FEI W U 1b NVO HIL£ 'M'N 1NVAV1 30V�d z z Q U UI F / W NZ 3nlaa r = EAST P LE W m m 3 3 o J W W z 3 z z J J_ D � EE,ZL O C O H16£ M'N W } < i Q IT] — w Q O ElEl = O J z J LEI LEI Ij L -Li Ell Tp ?J3MOldNf1S 3' FF1 ELIFFY�� = O Q a o W = Z a a a 153M Q) m ' W n Z � f PLACE 3 > Z m W WEST z z z Z W m ¢ 3nN3AV a m 1NOvgnVH0 A 0 1 m H v e LLJ QICc Q�mCL qH19v'M mV H19b® a Page I of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: November 13, 2009 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 ORDINANCE NO. 60-09 ITEM BEFORE COMMISSION Consideration of a City -initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. BACKGROUND On October 6, 2009, the City Commission approved an ordinance authorizing the creation of local government neighborhood improvement districts as identified under Fla. Statute 163.506. This allowed individual districts to then be created by separate ordinances. Such ordinances would include the boundaries, size and name of the district, establish governing procedures, authorize the district to receive planning grants from the state, and allow the local government to levy an ad valorem tax on real and personal property up to 2 mills annually for implementation of associated district improvements. The creation of one such specific district for the Chatelaine subdivision is now before the Commission for consideration. The creation of a neighborhood improvement district is proposed to address a unique situation currently experienced by the Chatelaine subdivision. In 2008, the City finished installation of $150,000 of improvements associated with a Strategic Task Team neighborhood action plan for the Chatelaine subdivision. These improvements included landscaping and signage for three entrances; installation of sidewalks; a roundabout; and other traffic calming features, including chicanes and speed humps. These improvements were maintained by the City for the first year and then landscaping and signage became the maintenance responsibility of the neighborhood. This neighborhood has a voluntary homeowners association which includes voluntary homeowner's dues. The neighborhood has been unable to collect sufficient dues to adequately fund this maintenance obligation, which is estimated to be approximately $10,000 annually. Representatives from the association have now turned to the City for help. As it would be inappropriate for the City to assume maintenance of these types of improvements within individual neighborhoods, the City has explored alternatives including the creation of neighborhood improvement districts which could assess ad valorem taxes to fund upkeep of neighborhood http://miweb001 /Agendas/Bluesheet. aspx?ItemID=2823 &MeetingID=225 11/19/2009 Page 2 of 2 improvements. Ordinance Highlights 1. A neighborhood improvement district will be created that will cover 50.12 acres consisting of single family residences. This will include the entire Chatelaine single family subdivision consisting of 201 individual single family residential lots. 2. Would allow up to 2 mills ad valorem tax to be levied annually on real and personal property. We may recommend a reduction in this millage cap at second reading and public hearing based on the anticipated budget for the district which we expect to receive shortly after first readintg. The actual levy amount will be determined based on improvements and/or activities (maintenance) and their associated budget as determined by the Board of Directors, with input from the advisory council. 3. The District will be authorized to apply for and receive a planning grant from the Department of Legal Affairs. 4. An advisory council will be formed with no less than 5 or more than 7 members that must own real property as well as reside in the District. 5. The Ordinance includes a location map as well as a copy of the subdivision plat. REVIEW BY OTHERS The text amendment will be considered by the Planning and Zoningoard on November 16, 2009 and their recommendation will be reported to the City Commission. RECOMMENDATION Recommend approval on first reading of Ordinance No. 60-09 for a City -initiated amendment to the City of Delray Beach Code of Ordinances, by adopting the findings of fact and law contained in the staff report, finding that it is consistent with the Comprehensive Plan, and that it is consistent with F.S. 163.360. http://miweb001 /Agendas/Bluesheet. aspx?ItemID=2823 &MeetingID=225 11/19/2009 3° '6 d ' B Z "8 tl !�'Sv1�ifi "] 4 4' 1 S l S 3 8❑ H 5 n —co 7 �1 3 '� 9� Lf� W F 1 • s"i Ww a=� � � m 6!• .' mac•' r mpg-3� ^ - - r*• •��.� 2t V¢ 3 3 M. -'—t]HIV931Y717 -aIliO�R� tj ie rrI a �• f rl. � N q. Z _ � ��. b30H3d ry o f Q= a r+n a li o soy ❑=s I�I W LLP 't` a i--rraWrtrn���. anna.tir. _ � y a MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 19, 2009 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF DECEMBER 1, 2009 ORDINANCE NO. 59-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a CRA -initiated ordinance modifying the Community Redevelopment Plan; finding that the modifications conform to the Community Redevelopment Act of 1969, as amended; finding that the modifications are consistent with the City's Comprehensive Plan, and making further findings pursuant to applicable requirements of Florida Statute 163.360. BACKGROUND At the first reading on November 17, 2009, the Commission passed Ordinance No. 59-09. RECOMMENDATION Recommend approval of Ordinance No. 59-09 on second and final reading. 160"1 1 -441s -\C6 • 1 • AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AME NDE D; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46- 85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Carrnnu pity Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and as further ratified and amended on February 3, 1998 by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7, 2000 by Resolution No. 94-00; and as further ratified and amended on May 15, 2001 by Ordinance 33-01; and as further ratified and amended on January 18, 2005 by Ordinance 1-05; and as further ratified and amended on March 18, 2008 by Ordinance 11-08; and as further ratified and amended on November 18, 2008 by Ordinance 53-08; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of new programs to the Plan; and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as E xhibit "A''; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360, Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMNffSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified amended and ratified in the form attached hereto as Exhibit "A' and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the reminder hereof as a whole or part thereof other than the part declared to be invalid final reading. Section 5. That this ordinance shall become effective immediately upon passage on second and 2 ORD. NO. 59-09 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 ATTEST: City Clerk First Reading Second Reading MAYOR 3 ORD. NO. 59-09 Page I of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: November 12, 2009 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 ORDINANCE NO. 59-09 ITEM BEFORE COMMISSION Consideration of a CRA -initiated amendment that will modify the CRA's Community Redevelopment Plan. BACKGROUND The proposed ordinance that amends the Community Redevelopment Plan includes the following changes. For specific information and details of the proposed changes, please refer to the attached Plan. Changes to Part IV, The Redevelopment Program, to: A. Update information on current plans, programs and project descriptions including: . West Atlantic Redevelopment Plan (Section 1.l) . Downtown Master Plan (Section 1.2) . Southwest Neighborhood Plan (Section 1.3) . Osceola Park (Section 1.5) . Carver Estates Redevelopment (Section 2.7) B. Update programs in which the CRA's role has been substantially completed: . South County Courthouse Expansion / Delray Public Library (Section 2.4) — the majority of this combined project has been transferred to Appendix C "Completed Projects". The CRA's role in this project was largely completed with the completed expansion of the Courthouse in 2009. This section has also been revised to provide for future CRA participation in the potential expansion of the courthouse parking garage. http://miweb001 /Agendas/Bluesheet. aspx?ItemID=2816&MeetingID=225 11/19/2009 Page 2 of 2 C. Explanation of new programs: Economic Development Incentives for Job Creation (Section 3.12) — providing general guidelines for incentives that can be used to facilitate job creation by attracting businesses to occupy existing office space and/or constructing new office space in the downtown. Arts Based Economic Development Program (Section 3.13) — providing general guidelines for the CRA to support the development of arts -related uses and arts programs as outlined in the City's cultural plan. Changes to Part V to update all projections of revenues and expenses for the next 5 -year period (Table 5.1 . Update of all maps to reflect current conditions and needs. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Pineapple Grove Main Street Executive Board reviewed the amendments at its November 4, 2009 meeting and unanimously recommended approval. The Downtown Development Authority (DDA) reviewed the amendments at its November 9, 2009 meeting and unanimously recommended approval, with the condition that DDA be mentioned in the section of the West Atlantic Avenue Redevelopment Plan under Project Participants and Administration (these references have been added to the amendment before the Commission). The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its November 11, 2009 meeting and recommended approval. The text amendment will be considered by the Planning and Zoning Board on November 16, 2009 and their recommendation will be reported to the City Commission. RECOMMENDATION Recommend approval on first reading of Ordinance No. 59-09 for a CRA -initiated amendment to the Community Redevelopment Plan, by adopting the findings of fact and law contained in the staff report, finding that it is consistent with the Comprehensive Plan, and that it is consistent with F.S. 163.360. http://miweb001 /Agendas/Bluesheet. aspx?ItemID=2816&MeetingID=225 11/19/2009 R A 0 E L R A Y BCAC11 COMMUNITY REDEVELOPMENT AGENCY November 9, 2009 City of Delray Beach 100 Northwest I S{ Avenue Delray Beach, Florida 33444 RE: Delray Beach Community Redevelopment Plan Amendment To Whom It May Concern: 1[ NOV 12 2009 CITY COMMISSION Pursuant to Florida Statutes Chapter 163.346, this notice is provided to inform you that the Delray Beach Community Redevelopment Agency (CRA) is processing an amendment to its Community Redevelopment Plan. Per the statute, the CRA is required to notify all taxing authorities which levy ad valorem taxes on property contained within the CRA district of this action. The Delray Beach Community Redevelopment Plan was originally adopted in 1986 and has been amended numerous times since. The last amendment was adopted by the City Commission in November 18, 2008. The current amendment (which is the subject of this notice) is intended to revise a few sections relating to CRA projects in addition to adding a section on economic development. The Plan amendment will be considered by the Delray Beach City Commission at its meeting of December 1, 2009, at which time a public hearing will be held. The meeting will take place at the City Commission Chambers in City Hall, 100 NW I" Avenue, Delray Beach, at 6:00 p.m. A copy of the proposed amended plan can be viewed on the CRA's web site at www.delraycra.org, If you have any questions regarding this matter please don't hesitate to contact me at (561) 276- 8640. Srel y,C�, 4 I ACL 1 vu/& - Diane Colonna Executive Director A. GROUP 1: AREAWIDE AND NEIGHBORHOOD PLANS # 1.1: West Atlantic Avenue Redevelopment Plan (For associated maps, see Appendix `D" Maps A.1 through A.6) Background The West Atlantic Avenue Redevelopment Area extends along the West Atlantic Avenue Corridor, between NW and SW 1st Streets. Due to its location and land use pattern, this area has considerable potential for mixed-use development. A redevelopment strategy for the area was initially presented to the public in 1988, which outlined substantial demolition and would have required the relocation of a large number of displaced residents and businesses. This plan met with considerable public opposition and was abandoned. In 1993, the CRA organized the first phase of a community planning effort by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as stakeholders in the resulting process which was termed "Visions West Atlantic". "Visions West Atlantic" was a forum for a series of community meetings held over a two-year period that ultimately produced recommendations concerning redevelopment issues for West Atlantic Avenue. These recommendations form the backbone of the West Atlantic Redevelopment Plan, which was adopted by the City in 1995. r■ r• r� V1lIUNS WFST A'i'I".NC1cNMI,i R' _ 1 A P4 w The community "visions meetings" recognized that the need to facilitate the redevelopment of West Atlantic Avenue could not stop with completion of the plan. After a series of discussions, the group established the need for oversight and a project manager to implement the plan. The West Atlantic Redevelopment Coalition (WARC) is a nonprofit organization that was created to advise the CRA and City on redevelopment issues in the area. A staff position was created to facilitate the monthly WARC meetings, act as a liaison between WARC and the CRA/City and focus on the implementation of objectives and strategies in the plan. In 1997, the CRA amended the Plan by incorporating market research and by analyzing, in general, the redevelopment opportunities of each block in the area. The second amendment was adopted by the CRA and City in 2000. Also in 2000, the City and the CRA applied for a grant to the MacArthur Foundation to fund another community planning exercise, the Downtown Master Plan. The geographic areas covered by the downtown plan included the commercial districts along the Atlantic Avenue corridor from the beach to 1-95. The plan, which was adopted in 2002, incorporates the provisions of the West Atlantic Avenue Redevelopment Plan and includes a marketing strategy for the corridor. Although opportunities exist for private redevelopment of existing structures and vacant property along West Atlantic Avenue, it has been difficult for the private sector to initiate such efforts without public assistance with land assemblage and business development. Rapidly rising property values has led to speculative investments, and has in some cases stalled redevelopment activity as investors hold onto blighted properties for the maximum return. This program represents the CRA's intent to continue the elimination of slum and blight in the area and facilitate successful redevelopment projects. Proiect Obiectives • Eliminate blighted conditions along West Atlantic Avenue and adjacent side streets. • Encourage economic growth, redevelopment and minority business development. • Increase job opportunities within the West Atlantic redevelopment area and surrounding neighborhoods. • Promotion of businesses which serve the neighborhood residents. • Acquire land in order to aggregate sites sufficiently large enough to encourage redevelopment. • Development of programs, events, and projects which attract new consumers to the Avenue. • Create safer conditions for consumers, residents, and businesses. • Beautify the West Atlantic Avenue corridor. Project Description A major component of the program shall be site acquisition, assembly and resale for redevelopment; the CRA may also acquire property for construction of centralized parking facilities to service the surrounding areas; the parking lots constructed under this program may be municipal lots entirely for public use, may be sold or leased to private entities or may be a combination of both; Appendix "D" contains the Land Acquisition Maps for the overall area, and maps of specific blocks that were identified as priorities for redevelopment purposes. The CRA may also utilize property exchanges and equity partnerships to assemble larger parcels of land for redevelopment purposes. 2 • In the relocation of homeowners or renters, the CRA may utilize the affordable housing program described in Part Three, Section 2-D of this plan. • The CRA will provide financial assistance through its various programs to encourage business development and job creation. • The CRA will work with the Downtown Development Authority, Downtown Marketing Cooperative (formerly Joint Venture), West Atlantic Redevelopment Coalition, Delray Merchants Association, and others to promote activities on the Avenue which impact positively the economics of the business on the Avenue. • Beautification of the streetscape along West Atlantic Avenue and side streets. • The CRA will work with others, such as the Palm Beach County Education Commission, to improve the technology infrastructure for providing broad -band access and community wireless "hot -spots". Technology infrastructure may include the installation of antennas and booster antennas within the West Atlantic Avenue Redevelopment area and surrounding neighborhoods, and the installation of ruckus devices to boost the signal inside buildings. Project Participants and Administration • The Community Redevelopment Agency and West Atlantic Redevelopment Coalition, Inc. shall be the lead agencies in the updating and implementation of the Plan. Other participants in the program may include, but are not limited to, the City of Delray Beach, Downtown Marketing Cooperative, Delray Merchants Association, Delray Beach Chamber of Commerce, neighborhood associations, residents and property owners. Funding Sources • Funding will be primarily by the CRA and the City, along with state and federal funding for read infrastructure improvement projects. Project Schedule • Beautification of West Atlantic Avenue has been completed between W 1s` and 6 1 Avenues; beautification of the corridor between W 6 1 and 12`h Avenues will be completed in 2009. • Redevelopment of the CRA -owned properties located between SW 81h and 10`h Avenues will be under construction in 2010. • Redevelopment of other blocks is ongoing. 3 # 1.2: "Downtown Delray Beach Master Plan" Background DOWNTOWN DELRAY BEACH MASTER PIAN d- The Land Use Element of the City's Comprehensive Plan required that a special CBD Development Plan be developed jointly by the CRA and the City. The purpose of this policy as originally intended was to prepare a plan that would encourage the revitalization and redevelopment of the downtown, which was experiencing high vacancy rates and a lack of private investment. Another objective was to address the maximum development that could occur in the area while still retaining its unique character and charm. Numerous studies, beautification and redevelopment projects, special events, and zoning code amendments were undertaken which helped to spur a major renaissance in the downtown. However, there was still a need to prepare a plan that would address the question of the maximum amount of development that is desirable, as well as strategies to ensure that the rebirth and revitalization are sustainable for the long term. In 2000, the City and CRA applied for a planning grant to the MacArthur Foundation to complete the Downtown Master Plan. During the application process another objective emerged: that of bridging the gap between East and West Atlantic Avenue commercial districts. Pursuant to that objective, the Downtown Plan evolved to also include the West Atlantic Avenue Redevelopment Area. In order to ensure that the planning process was an inclusive and wide -spread effort, a 31 -person Steering Committee was established to oversee the development of the plan and its various components, and to disseminate information and updates to constituent groups. The planning process included tours of the area, a weekend long race relations workshop, presentations by planning experts, and a design charrette that was attended by hundreds. The entire process is documented in the City publication "Creating Inclusive Partnerships." The plan was adopted in March of 2002, and the Steering Committee evolved into the Downtown Plan Implementation Committee, which met on a quarterly basis to evaluate the status and give direction on projects that are in the plan. The Implementation Committee discontinued meeting at the end of 2008 due to the fact that most of the projects in the plan had been successfully implemented or were on schedule to be completed. ev_;;1y_;;te the St-atu-s -;;Ad give direGtOGR GR prejeGtS, th-At -Are 011A. the plaR. MaRy ef the prejeGtS OR the PIaR have beeR GeMpletPadd A -F -A.PP- YRdeRovay. Other prejeGtS, h -Ad te -hem ppe-d-ified er have -heep eliminate preiento that nannet ho due tri upfereseen nirnYmotanneo The Downtown Delray Beach Master Plan describes three separate "districts": the West Atlantic neighborhood, the Central Core, and the Beach District. The plan identifies objectives to improve each of the areas, and outlines projects to accomplish those objectives. Proiect Obiectives • To create a self-sustaining downtown that has a balanced mix of uses • To encourage building forms of a size, scale, and character that allows for growth while preserving the downtown's charm • To facilitate economic development and ensure that the downtown remains the economic, cultural, and governmental center of the City • To improve vehicular circulation, pedestrian safety, availability and convenience of mass transit, and availability and convenience of parking • To promote unity and continuity between East and West Atlantic Avenue • To create attractive public plazas, neighborhood pocket parks and pedestrian friendly streets enhanced by public art Project Description Implementation of the projects and programs identified in the Downtown Master Plan, including the following: • Design guidelines to regulate the size and scale of new buildings • Creation of apedestrian-friendly network of streets with adequate sidewalks, lighting, and traffic -calming measures to mitigate vehicular speeds • Installation of pedestrian improvements, traffic calming, and beautification along the Federal Highway pairs • Conversion of the one-way bypass system to two-way traffic • Creation/installation of a gateway feature at West Atlantic Avenue immediately east of 1-95, to include landscaping and a public art component as well as conveniently located public parking • Acquisition of properties for affordable housing, pocket parks, parking facilities, and public plazas monhonized PaFkiRg faGilities. Participation in projects and programs that will increase parking in the downtown area • Installation of bus shelters • Pedestrian safety measures in the commercial areas of Atlantic Avenue and A-1 -A • Support of measures such as market analysis and business recruitment to ensure that the downtown area has a sustainable mix of uses • Other programs and projects as described in the adopted plan Proiect Participants and Administration • The Plan shall be implemented under the lead of the CRA with the assistance of the City Planning and Zoning Department and Environmental Services Department • Other participants in the project may include, but are not limited to the Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), West Atlantic Task Team (WATT), Chamber of Commerce, Parking Management Advisory Board, Downtown Joint Venture, professional consultants and interested residents and businesses Funding Sources The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding Project Schedule • Plan adopted March 19, 2002 • Design Guidelines, zoning changes adopted in 2004 DI -An tri -h e -Amon rdord in 2998 • Infrastructure improvements to be substantially completed by 2012 # 1.5: Osceola Park Redevelopment & Neighborhood Improvement Plan Background This downtown neighborhood is generally located between Federal Highway and the F.E.C. Railroad, south of the Central Business District. Zoning in the area includes R -1-A (Single -Family Residential), RM (Medium Density Residential), GC (General Commercial), CBD (Central Business District), and CBD -RC (Central Business District - Railroad Corridor). Land uses are varied, containing a mixture of single-family and multi -family residences, commercial, and light industrial development. Since the area is encompassed by well field protection zones, impacts of non-residential land uses on the well field is a concern. The northern portion of the area (north of S.E. 5th Street) contains commercial and light industrial development with inadequate parking and residential uses sandwiched between incompatible land uses. South of S.E. 5th Street, the character of Osceola Park changes to one that is generally single-family in nature; however there are numerous renter -occupied units. The area is also encompassed by wellfield protection zones. The overall condition of the housing is adequate, although there are many structures in need of maintenance and minor repairs. The area has a unique quality that is attractive for residents who wish to live in a single-family home located close to the City's commercial core. Beautification projects throughout the area, as well as an increase in the number of owner -occupied units, can help eliminate blighted conditions and stabilize the area. In 1999, the City, with financial assistance by the CRA and a grant from the State of Florida, conducted a historic survey of existing structures in the eastern part of the City, Including Osceola Park. The consultant, Janus Research, found that the neighborhood did not have the concentration of historic buildings to be designated as a local historic district, but recommended that the City consider creation of a Local Conservation District. This information has been incorporated into the Osceola Park Redevelopment Plan, which was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to stabilize and revitalize the area, provide a pedestrian -friendly and safe environment through the implementation of traffic calming measures, provide additional parking for area businesses and accommodate owner -occupied housing which is compatible with the single family character of the area. Some of the issues relating to the industrial uses within this area were addressed within the CBD -RC zoning district that was created in 1995; however inadequate parking is still an issue. In September 2005, a 5.9 acre portion of the redevelopment area located between S.E. 2nd Street and S.E.3rd Street, and the area between S.E. 2nd Avenue and S.E. 5th Avenue was rezoned from RM (Medium Density Residential) to R -1-A (Single Family Residential). Implementation of the Plan as it relates to the residential area is to begin in 2008. The design for the infrastructure improvements was completed and they were to be funded by the CRA, City and the residents via the establishment of a special assessment district. However, on December 9, 2009, the City Commission voted to not establish a special assessment district for the proposed improvements (consisting primarily of traffic calming measures and sidewalks), based on residents' objections to the additional taxes. As a result, the City has created a Strategic Task Team to work with the residents on other strategies stabilize the neighborhood. The City is proceeding; however, with the installation of underground infrastructure improvements consisting of water main and drainage improvements, that do not require CRA funding or additional assessments. Proiect Obiectives • Eliminate slum and blighted conditions. • Provide adequate parking for the commercial/industrial areas. • Promote historic preservation. • Promote stabilization of the residential areas. • Promote owner -occupied housing. • Promote conversion of multi -family uses to single-family. • Increase employment and business opportunities in the area. Proiect Description The program shall consist of three phases. Phase One, which included an historic survey of the existing structures in the area, has been completed. Phase Two, which included the preparation and adoption of a Redevelopment/Neighborhood Plan for the area, has also been completed. Phase Three consists of the implementation of the projects and programs identified in the Osceola Park Redevelopment Plan, and supported by the residents, including the following: • Rezone the areas east of the FEC Railroad currently zoned RM (Medium Density Residential) to R-1 -A (Single Family Residential). I preye the street appearanne by heal itifinatien r��ivv-c-crr�� cciu��carc�-rvc�TcaT • Provide streetscape beautification and on -street parking for business uses along SE 2nd Avenue, and landscaping as long the FEC Railroad corridor. • Property acquisition along SE 2nd Avenue to provide parking lots for area businesses. • Improve pedestrian and vehicular safety through the installation of traffic calming measures, asy.4ell as the installation of ane.,s, lighting and sidewalks, where needed. • Upgrade utilities and drainage where needed. • Develop and fund a program to convert duplex structures to single-family residences. • Creation of a Conservation District to promote historic preservation. Project Participants and Administration • Implementation of the Plan shall be administered and coordinated by the City with assistance where needed from the CRA. 9 Other participants include property owners and businesses in the area. Funding Sources • The City and GRA will provide the majority of funding for preparation and implementation of the plan, including any outside consulting services that are necessary. • Other sources may include, but are not limited to, the CRA, the property owners and businesses in the area, as well as public and private grants. Proiect Schedule • Phase One of the program was completed in FY 1999/2000. • Phase Two was completed in FY 2004/2005. • Phase Three: o Re -zonings associated with the Plan were approved in 2005. o Infrastructure improvements are projected to begin in FY 2997/29982009/2010. 982009/2010. o Implementation of various programs is ongoing. #1.3: Southwest Neighborhood Plan (For associated maps, see Appendix "D" Maps B.1 and B.2) Background When the MacArthur Foundation agreed to provide funding for preparation of the Downtown Delray Beach Master Plan, they also included funding for a plan to address the most distressed neighborhood adjacent to the West Atlantic commercial corridor: the Southwest Neighborhood. This area had long been characterized by slum and blighted conditions, including inadequate infrastructure, high crime, poor housing conditions aggravated by absentee ownership, and a large number of vacant properties that were not being maintained. In 2002 the City hired planning consultants JEG Associates to work with the neighborhood on a plan to address these issues. With some deviations, the plan encompasses the area generally bounded by 1-95 on the west, SW 10`h Street on the south, Swinton Avenue on the east, and the CBD zoning district on the north. A team of neighborhood stakeholders was assembled to assist in the communication and organizational aspects of the planning process. This group, known initially as the Southwest Management Team (and renamed West Atlantic Task Team, or WATT), met on a regular basis to work with the consultant, communicate with the neighborhoods regarding meetings and outcomes, provide feedback on various ideas and initiatives, and review the draft plan. One of the first tasks completed by the consultant was a "Livability Workshop," which was designed to obtain stakeholder input regarding livability conditions relative to indicators such as schools, public safety, parks, transit, etc. The results of the surveys and interviews helped determine the strengths and weaknesses of the community, and provided direction for the plan's focus. The plan was adopted in May of 2003 and provides a blueprint for the revitalization and stabilization of the neighborhoods located in the southwest area. It links the neighborhood residential areas, commercial centers, civic functions, and green spaces to create a vibrant, pedestrian friendly network of connected neighborhoods. Many of the projects included in the Plan have already been implemented. In 2004, the City Commission adopted changes zoning, comprehensive plan and Land Development Regulations (LDR) changes to promote affordable housing in conjunction with the principles of Development Without Displacement. The City's Comprehensive Plan was amended to allow increases in density when development includes affordable/workforce housing and the City adopted the Family/Workforce Housing Ordinance (LDR Article 4.7), which includes a density bonus program, based upon the number of very low, low and moderate income units that are provided as part of the development. In addition, the recently built public elementary school has been augmented to provide intensive education to local at -risk children, including an extensive after care program and support services for families. In 2007, the City and CRA funded the creation of a Neighborhood Resource Center in the community, placing social service providers within walking distance of the families who need assistance. The Rosemont Park pocket park was completed in 2007 (SW 6`h St. and 4rh Ave.) and Sunshine Park (NW 15`h Avenue, adjacent to 1-95 sound barrier) will he was constructed in 2008. Also, the existing Catherine Strong Park was completely renovated to include additional play equipment and water features. Streetscape and alley improvement plans aro n„rrontly beiRg-have been prepared for SW 12`h and 14`h Avenues, with construction of the SW 14`h Avenue improvements to commence in fall 2009 and SW 12`h Avenue alley improvements to be constructed in 2010. To help achieve the Plan's affordable housing objectives the City, CRA, and Housing Authority partnered together to form a Community Land Trust, which is constructing long-term affordable housing for neighborhood residents. Acquisition of slum and blighted properties by the CRA to accommodate affordable housing through the Delray Beach Community Land Trust is ongoing. The CRA participated in the funding and development of the plan, and will be a major participant in funding its implementation. Project Objectives • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Prosect Description Implementation of the projects and programs identified in the Southwest Neighborhood Plan, including the following: • Acquisition of land and development of pocket parks, community -oriented services and parkinq lots at strategic locations throughout the neighborhood, particularly where adjacent to property that is already owned by the City or CRA, and where larger sites can be assembled. • Beautification of public spaces along 1-95 sound walls. • Creation of affordable housing opportunities, through acquisition of vacant or underutilized land, acquisition of existing units that can be upgraded or redeveloped and maintained as affordable housing; and implementation of incentives such as density bonuses to encourage private developers to create affordable units. • Provision of grant or loan programs to encourage upgrades to structures and properties; • Improvements to the roadway system to make the area safer for pedestrians, such as completion of the sidewalk network and installation of traffic calming measures. • Support redevelopment that is consistent with the principles outlined in the plan for the five sub -areas, particularly as it relates to the redevelopment or renovation of blighted duplex and multi -family structures (particularly those located along SW 10`h through 15`h Avenues), which are having a detrimental impact on livability and property values in the neighborhood. • Support increased community policing and code enforcement. • Initiate infrastructure projects (i.e. street and alley improvement projects, street beautification, retention areas, etc.) to accelerate their completion. Partner with the City on these infrastructure projects when feasible. • Improve the appearance of the SW 12`h Avenue corridor particularly within the first three (3) blocks of West Atlantic Avenue through the elimination of excessive back- out parking, landscape upgrades on private property to replace front yard parking, where appropriate, and provide assistance to property owners for the exterior upgrades/renovations to structures along the corridor. Project Participants and Administration • Projects in the plan shall be implemented jointly by the City and CRA, as necessary. Other participants in the project may include, but are not limited to the West Atlantic Redevelopment Coalition (WARC), neighborhood associations, professional consultants, private developers and interested residents and businesses. Funding Sources • The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding. • Private developers will participate in the financing of affordable housing in the neighborhoods. Project Schedule • Acquisition of property/provision of pocket parks is ongoing. • Affordable housing incentives (Family/Workforce Housing Ordinance) adopted on December 6, 2004. • Acquisition of properties/creation of affordable housing is ongoing. • Infrastructure improvements to be substantially completed by 2015. # 2.4: South County Courthouse Expansion / Delray Beach Public Library .. .. .. . IRS This project involved the construction of a new facility for the Delray Public Library, an expansion of the South County Courthouse, and the construction of a public parking garage to be shared by the two institutions with public access granted pursuant to Interlocal Agreement. The project as originally described has been substantially completed (See Appendix "C" for a description of the project), with the construction of the library and garage in 2005, and courthouse expansion in 2009. Phase II of the garage may still be constructed at a later date to be determined based on demand and the availability of funding. The library has become an important anchor to the West Atlantic Avenue Corridor and asset to the community as it provides a variety of valuable community services and programs. It is run by a nonprofit board, and while it is located on City property it is not a City facility, and funding is always a challenge. The City supports the library with operating funds and provides exterior maintenance, and the library obtains other funding from state grants and private donations. In 2007, with the budget constraints created by the property tax reform, the City cut back on the library's operating dollars. To stay within budget, the library developed a schedule with reduced operating hours. In order to continue to promote activity and economic development in the West Atlantic area, the CRA agreed to fund a portion of the operating funds so that the library could continue to be open seven days a week and offer the same range of services and activities. The CRA will consider on an annual basis, a commitment of funding in order to ensure that the library can continue to function in this manner. #2.7: Carver Estates!Auburn Tram Redevelopment (Villages at Delray) Background Carver Estates, the City's only public housing project, -Anrr its; 6„rrrii RdiRg Reighberheed aire the RR.est distressed -Are.-As O.R. Pe!Fay geaGh. This 299 YRit develeppA provided housing for the City's poorest residents for approximately two decades. However, it was found to have structural problems of such a severe nature that it would be more economical to replace the units than to repair them. In 2005, the Housing Authority had a Master Planning Study and a Feasibility Study prepared in anticipation of the redevelopment of the site. Immediately north of and adjacent to the Carver Estates property is Auburn Trace, a 256 unit affordable housing project, which was constructed to provide affordable housing through a public/private cooperative effort utilizing tax credits. These properties are located in the geographic area covered by the Southwest Area Neighborhood Plan, a community-based plan that provides a blueprint for revitalization and stabilization of the area. In 2005, the Housing Authority issued a Request for Proposals (RFP) to redevelop their property, possibly as a combined renter and owner occupied development. The proposal submitted by the owners of Auburn Trace (Auburn Group) was selected, which includes redevelopment of the Carver Estates site as well as the Auburn Trace site. The ssitess -Are beiRg Fedevelep Initially, the sites were being redeveloped through a partnership agreement between the Delray Beach Housing Authority (DBHA) and the Auburn Group development company. The project, The Village at Delray, will Tc would have resulted in more than 1,000 units of new diverse housing choices for a range of income levels and ages, including 212 quality Housing Credit rental apartments for households below 60% of median income (very low income), 52 workforce rental apartments for households below 120% of median income (low to moderate income), and more than 200 owner -occupied workforce housing units. These, ,^,ill - I'r, Also proposed, was a neighborhood -oriented business component to serve the community and a mob training component to help residents attain quality well -paying mobs. While approvals were obtained for the residential components of the project, the property acquisitions to accommodate the commercial and iobs-trainina components could not be achieved. e� the blighted duplexes, Within the hlrinL tri Oho west/i�Teast r-Arpel: of S v h Ave). Their ruurrept ruepditiep have Regative OMPaGts, A -A the as SW 1444 GeMpeReRt (appreximately 2,599 sq. ft.) te help resideRtS attaiR quality well payiRg jebs. This Given the current market conditions, the residential components have not proceeded as anticipated, and the continuation of the partnership between DBHA and the Auburn Group is in question. If the partnership is dissolved, the entities could redevelop their own holdings. Recently, the developer (Auburn Group) obtained approval from the City Commission to construct a 192 Housing Tax Credit rental apartment complex for households below 60% of median income (very low to low income) on the south portion of their existing Auburn Trace apartment complex, rather than the mixed -income rental complex originally envisioned in the Southwest Area Neighborhood Redevelopment Plan and the DBHA Plan. The CRA is committed to realizing the community's objectives as articulated in the Southwest Plan, and has dedicated significant resources to this effort. The GRA hos, n„mmittie The creation of jobs and the opportunity to increase incomes of residents in the southwest neighborhood is an important objective for the revitalization of the area and the enhancement of the residents' quality of life. This lobs -creation component of the prosect will not be feasible without some public participation. The CRA will work with the City, DBHA and other entities to fulfill this component of the Plan. The CRA's involvement may also include the offrirrlohlo ron4ol heYSORg GeMpeRe Rt assisting Carver Estates on property owned by the DBHA workforce housing units. Project Objectives fYnr!n irraiRg assist .Ar --e tvbegiR GeRSti � �nii�roiiA-A Avf the DBHA in the redevelopment of the former as well as down payment subsidies for the • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Project Description • Demolition of Carver Estates Public Housing project and development of new mixed income community that will provide housing for low and moderate income families as well as market rate housing . • Inclusion of recreational and community components including an employment training center. • Beautification of SW 12th/Auburn/SW 14th Avenue and streets adjacent to the development. Project Participants and Administration The project will be developed and implemented by the Delray Beach Housing Authority with assistance from the CRA, the City of Delray Beach and Palm Beach County. Other participants in the project may include, but are not limited to the Delray Beach Community Land Trust, neighborhood associations, professional consultants and interested residents and businesses. Funding Sources • The Deyelepmonf Team will be the nrimoni fi RdiRg crit irnoc The DBHA will be the primary funding source for redevelopment of their property, with CRA and City grants/subsidies as well as grants/subsidies from other entities used to augment local funding. CRA and others, as appropriate, shall provide funding assistance as it relates to the employment training center component. The CRA may also elect to participate in assisting with funding the beautification of the adjacent rights-of-way. • The CRA may provide down Davment subsidies for workforce housina units. Project Schedule • Demolition of Carver Estates Public Housing project was completed in 2008. Redevelopment of the Carver Estates property consisting of fruein h r,moo -;;Ad- feF mixedOneem es either detached single family homes or townhomes for mixed income families, and potentially a senior housing component to begin construction in 2998 2012. • Street beautification adjacent to the development to be constructed in conjunction with the corresponding phases of the project. r,.,rnr,.,+Mi infirm of the v i i mnrin f of the d nm f�gneRf fr��� S -f ,bMMl7��nn�^�tinn ��ii�c�zr� �rr�viT�r-vi--crt�cre�i e� v 11'i�z'01 G. • Construction of an employment training center aspect of the project to begin construction in 2011. #3.12: Economic Development Incentives for Job Creation Background The recent residential real estate boom period helped fuel a resurgence of the downtown. However, as residential demand has declined, the CRA may begin to look to other opportunities for encouraging substantial private investment in new development. Investment can now be centered on the following: employment opportunities to include large-scale employers; a stronger employment base in close proximity to residents; and increased opportunities for minority business ownership in the area. This Plan recognizes that the downtown is a strategic location to invest in new office buildings. Its pedestrian friendly nature offers unique amenities not available in many places, and with the interstate 1-95 interchange it is easily accessible. In addition, the CRA funded shuttle bus connects the downtown with the Tri -Rail commuter train station one mile away; Palm Tran routes also connect it with other parts of the county; and Federal Highway provides for north -to -south transit connectivity to Boca Raton and Boynton Beach. However, with all the above mentioned benefits, the image of the City as business district has been weak. The Downtown Delray Beach Mater Plan emphasizes the importance of the creation of new office space and high -paying mobs in the downtown, to compliment the service sector jobs. One reason is that a year-round day -time population of professional business people will support and strengthen the downtown merchants and downtown restaurants. A second reason is that well Davina iobs in the Citv of Delrav Beach will strenathen the economic wellbeina of the local residents. and the local residential real estate markets. The following excerpts demonstrate how the Downtown Master Plan supports these concepts: Based on experience in other cities, employees working in or close to downtown Delray Beach should be the initial target market for downtown housing. (Page 76) Employees who work within the immediate vicinity of downtown Delray Beach are "captive" in the sense that they are in the area for at least eight hours a day, five days a week and. conseauently. are likely to shoo. run errands and eat out in downtown Delray Beach. (Marketing Report, page 80) In order for Delray Beach to move beyond its position as an entertainment district, efforts must be made to attract businesses that serve the needs of the local community as well as provide well pang lobs for local residents. (Page 89) Recruit quality businesses. It will be critical to attract businesses that provide iobs beyond those in the service sector, which are typically low pang, low skilled positions. Attracting businesses that add value to the communitythrough hrough better paving/higher skilled iobs and/or serving the needs of the local community will hely to strengthen the economic base of the city. (Downtown Master Plan Marketing Report, Page 90) However, several factors have stacked -up against the opportunity for construction of new office buildinas. Land costs lavered over a relativelv low allowable floor area ratios. Drooerty taxes and insurance make it difficult for companies to consider constructina new office buildings. In addition, a multitude of vacant properties scattered through out the commercial zoning districts have created serious voids within the city fabric, voids that have become a deterrent for redevelopment. Entire vacant blocks still give areas of the downtown the appearance of insecurity, abandonment and blight ness. These factors will not chanae unless incentives are provided to overcome them. Program Objectives The objective of these programs is to help overcome the stated objections for companies investing and locating within the CRA district. Incentives may be used to encourages the first companies to locate in the district. In addition, improvements to the district infrastructure will aid in making the area more desirable. Once a few projects are successful, others will be drawn without an incentive being given. The CRA's goal is to establish programs that will encourage occupancy in the existing office building the development of new office buildings within the downtown for a specific time period. Eventually, the creation of business activity on itself will give downtown Delray Beach its own branding as a place to work. Over time it will be unnecessary to offer incentives to encourage downtown investment in office space and to attract workers to the downtown district. Additional office space in the downtown will support the commercial and residential base that already exists. First, a year-round day -time population of professional business people will support and strengthen the downtown merchants and downtown restaurants. Second, well paying mobs in the City of Delray Beach will strengthen the local residential real estate markets. As new companies move into our downtown, and as existing companies grow, employees that come with those companies will experience first hand the live -work -play environment and many will be encouraged to relocate their residences to the downtown. Both of the above stated objectives have been clearly defined in the Downtown Master Plan. The ultimate goal of the program is to complete a sustainable, successful downtown, where both business and residents support a continually increasing tax base, and provide a complete range of services needed by the community. Program Description The CRA may develop creative Development Finance Programs and Tools to catalyze investment, to promote opportunity for new and expanding businesses, and to create jobs a. Tax Credit Programs Tax credits can be used to encourage a company to locate in an existing building or r to sign a lease for a future building. A Tax credit program is performance based: once you meet the conditions of the agreement you receive a tax credit. Land Assistance Proarams These incentive programs may provide assistance to job creation projects with cheaper land costs through either free land, TIF sharing, or land leases to be used to lessen the cost of a project. C. Innovation Finance Programs Innovation Finance focuses on growing economic innovation through development of new technology, new business and industries, and entrepreneurial activity. Innovation Finance includes seed and venture capital and angle funds. Innovation Finance Programs may involve public/private partnerships to encourage investment companies and individual investors collaborate in order to bring available capital into the market and to finance projects. d. Business Incubation Programs The goal of business incubators is to help companies pain financial stability and self- sufficiency. Incubator graduates create lobs, revitalize neighborhoods and commercialize new technologies. A physical incubator site may provide services that assist a company's growth, including affordable rental space, flexible lease terms, shared services, and equipment and tech support. Incubators may also provide resources that allow companies to pain access to capital for later stage development. Business incubators shall foster economic development by developing strong public- private partnerships and supporting business. e. Economic Development Support Tools Economic development support tools refer to financial alternatives that offer gap financing, and may be used in conjunction with other economic development tools and programs. Support tools may include, but are not limited to programs available through the U.S. Department of Housing and Urban Development (HUD), the Economic Development Administration (EDA), the US Department of Treasury, and the U.S. Small Business Administration. The CRA may build partnerships with County and State economic development organizations that play a role in the delivery of federal programs. The CRA may also use a consultant to monitor the availability of funding, and to maximize opportunities to use support tools for project financing_ Program Participants and Administration Projects will be administered and coordinated by the CRA; other participants may include, but are not limited to the developer, design professionals, building tenants, Investors, the Palm Beach County Economic Development Office, the Palm Beach Countv Business Development Board. and Enterprise Florida. Funding Sources The CRA will be the main funding source for specific programs. Additional funding may be obtained from the City. County. the State of Florida. Federal Agencies, Financial Institutions, Developers, Non -Profits Development Corps. Seed & Venture Funds, Angel Investors. and Housina Authorities. Program Schedule The Tax Credit Program and the Land Assistance Programs may be available immediately. Other programs may be implemented as partnerships are developed, and as funding programs and opportunities become available. #3.13: Arts Based Economic Development Program Background Delrav Beach has Iona had a history as an arts communitv. In the 1920's Delrav was a popular tourist destination and writer's colony—by the 1930's writers such as Edna St. Vincent Millay, Zora Neal Hurston and Theodore Pratt were among visitors and residents. "Toonerville Folks" cartoonist Fontaine Fox had a winter home on Ocean Avenue in Delray Beach. When the City fell into decline in the 1980's, art and cultural initiatives became an important part of its renaissance. The abandoned Delray Elementary and Delray High School campus was transformed into Old School Square Cultural Arts Center including a museum, theater and entertainment pavilion. The historic home of teacher/principal Solomon D. Spady was renovated and turned into the Spady Cultural Heritage Museum featuring the history of African Americans in the region. Downtown's Pineapple Grove features public art along its sidewalks and hosts arts -related events, and there are numerous art galleries and studios along Atlantic Avenue and elsewhere in the downtown. In February of 2006 the consulting firm Coletta & Company produced a report for the city entitled "Cultural Delray Beach: Creative Authentic Intimate." The report examined Delray's "cultural infrastructure" and identified several initiatives to help direct Delray's continued development as a creative, authentic and intimate city. One of the fundamental building blocks recommended in the report was the establishment of a public/private partnership to direct the City's cultural plan and vision. Delray's Creative City Collaborative (CCC) was subsequently established for this purpose as a 501(c)(3), however, its progress has been somewhat limited due to a lack of funding and dedicated staff resources. Given the economic downturn that is being experienced both nationally and locally, a renewed emphasis on promoting and supporting the arts in Delray Beach could be an effective strategy for economic development, especially within the CRA district. Arts programs have been a part of many state and local government economic development initiatives by promoting downtown revitalization, attracting tourists, creating vibrant public spaces, and making communities more attractive to knowledge- based companies and employees. The CRA should play a role in supporting and promoting Delrav Beach as a thrivina arts communitv. in order to sustain economic vitalitv and improve the quality of life within the district. Project Objectives • Continued revitalization and stabilization of the downtown and surrounding neighborhoods through promotion of art and cultural activities and institutions. • Promote cultural tourism by enhancing Delray Beach's identity as a community of culture and the arts --one that is creative, authentic, and intimate • Help ensure access to the arts for all apes, ethnicities, and physical ability • Create jobs and promote economic development. Project Description • Provide staff support and resources to assist the Creative City Collaborative and other art and culture oraanizations in directina and imolementina the Citv's cultural plan. • Implement programs and initiatives to establish Delray Beach as an artist -friendly city and as a desirable location for -galleries, studios, and artists' residences. • Work with arts organizations and public and private institutions to support projects that will enhance the City's identity as an arts community. • Recommend policies and reaulations that will encouraae the establishment and expansion of artist studios, -galleries and performance venues that are consistent with the City's character and the -goals, policies, and objectives of the Comprehensive Plan. • Develop strategies and programs to protect existing arts spaces and create long-term affordable space. Such locations may include the City -owned commercial space in the Old School Square garage or other buildings that are purchased or leased by the City, CRA, or nonprofit organizations for the purpose of providing affordable arts -related venues. • Seek -grant opportunities and help develop strategies for permanent funding of art and culture programs. Project Participants and Administration • The CRA will work in conjunction with the City, the CCC and other arts organizations to implement the strategies outlined in the cultural plan. • Other participants in the project may include, but are not limited to, local artists and ac la lery/studio owners, the Downtown Marketing Cooperative, and the Downtown Development Authority (in terms of promotions). Funding Sources • CRA/City • Grant opportunities as they arise. Project Schedule • The CRA will bring staff support on board in 2010 • The parkingac�rage commercial space will be evaluated and potentially leased for arts related programs in 2010 • Various aspects of the Cultural Plan will be implemented as directed by the CCC and the City on an ongoing TABLE 5-1: CITY, CRA & COUNTY FUNDED CAPITAL PROJECTS AND MAJOR PROGRAMS IN CRA DISTRICT - 2010 THROUGH 2014 Project Name Public Cost Downtown - Beach Area • Beach Master Plan Projects CRA area only) 200,000 Downtown - Core Area • Old School Square window replacement 650,000 • US 1 Corridor beautification & traffic calming 11,100,000 • One-way bypass conversion (NE/SE 1 st Sts.) — traffic signals 375,000 • SE 2 I St. — Swinton to FEC 350,000 • Downtown Parks Veteran's, Worthing, Old School Square 3,250,000 • Pineapple Grove Parkin Lot/ Pineapple Grove Sidewalks 375,000 • Old Library Site redevelopment CRA contribution to Chamber relocation costs) 315,000 • Water Main/Drainage upgrades (SE 2 I St., SE 1St Ave.) 468,600 • East Atlantic Resurfacing 104,000 • Street Lighting 160,000 • Land Acquisition & Redevelopment 2,500,000 Downtown - West Atlantic Avenue and NW/SW 5 Avenue • Cultural Loop/MLK Drive beautification 1,400,000 • W. Atlantic medians 270,000 • Gateway Feature 1,300,000 • W. Atlantic Public Plaza & Fire Station Plaza 773,000 • SW 1St Ave. W. Atlantic to SW 1St St.) -drainage 230,000 • Land Acquisition & Redevelopment 4,000,000 • NW 12th Ave. beautification 200,000 • Block 19 & 20 alleys, 95 SW 5th Ave 285,000 • Spady Museum Muse & Munnin s houses 660,000 • SW 2nd Ave & W. Atl signals 330,000 North Federal Hwy Allen Ave. drainage, Dixie -Federal connector 229,300 Neighborhoods • Osceola Park Neighborhood (sidewalks, drainage, water mains) 1,750,300 • SW Neighborhood Plan (parks, SW 14th Ave, SW 12th Ave. drainage & water mains, beautification projects 11,754,400 • West Settlers(housing renovations & relocation, streetscape 245,000 • Seacrest Blvd. reconstruction & drainage 535,500 • NE 2nd & 3rd Ave water mains 365,000 Affordable Housing (CRA - donation of land, new land acquisition, subsidies, building acquisitions and renovations, administrative support 4,500,000 Grant programs CRA 2,500,000 Downtown marketing & promotions DMC & Green Market 1,775,000 Other • Economic development initiatives tax incentives, land donations, artist programs 6,500,000 • Downtown Shuttle 1,500,000 • CRA nonprofit support Old School Square, Library, Spady Museum 5,000,000 • Bus Shelters 150,000 • CDBG Program 2,000,000 TOTAL 68,100,100 w a Li a >a >a >a is MEMO \\ W E S T z N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- MTAL MSE AUP SYSTEM -- 1ST CRA CRA rn ST. A T L A N T I C w a rn o A V E N U E z POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACOUiSiTiON REDEVELOPMENT PLAN N.W. 8TH - 11TH AVENUES ® - MAP A.2 - NOTE: SEE REVERSE SIDE FOR LEGEND MAP REF: A2 CRA A CRA -- DIGITAL CRA CRA CRA CRA B C FIRE STATION NO. 1 WEST ATLANTIC AVE. CRA Q Q CRA Q D FCRACRA CRA CRA E CRA CRA CRA = 00 1ST ST. S.W. U) U) CRA A CRA -- DIGITAL CRA CRA CRA CRA B C N POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACQUISITION REDEVELOPMENT PLAN _ ® S.W. 6TH - 8TH AVENUES - MAP A.4- CITY of DELRAY BEACH, EL NOTE: SEE REVERSE SIDE FOR LEGEND PLANNING & ZONING DEPARTMENT DECEMBER 2007 BLISS MAP SYSTEM -- MAP REF: A4 N. W. 1ST CRA CRA OCRA F E CRA CRAEIRE H z z o c B A T A T L A N STA TI 0 N N0. 1 � O O T I C W E S T-FT-FT-7-1 N CITY of DELRAY BEACH, EL PLANNING & ZONING DEPARTMENT DECEMBER 2007 POTENTIAL ACQUISITION ®- PROJECT #1.1 -WEST ATLANTIC REDEVELOPMENT PLAN N.W. 11TH-12TH AVENUES MAP A.5- NOTE: SEE REVERSE SIDE FOR LEGEND -- D/GIML BASE AHP SYSTEM -- MAP REF: A.5 VENUE AY RKS N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- D/GIML BASE AHP SYSTEM -- W E S T A T L A N S.W. 1ST STREET PROJECT #1.1 -WEST ATLANTIC POTENTIAL REDEVELOPMENT PLAN ACQUISITION N.W. 11TH -12TH AVENUES ®- MAP A.6- NOTE: SEE REVERSE SIDE FOR LEGEND MAP REF: A.6 Z > Q G CRA H CRA I F_ CRA CRA CRA CRA CRA CRA CRA D J CRA K CRA L CRA CRA CRA E CRA CRA M CRA S. W. w Q 3 2 H Ln 3 vi S.W. CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- DWAL BASE ANP SMEM -- ATLANTIC AVENUE W E S T GATEWAY MINI PARKS A T L A N TIC AVE. P 71,77/77177 71 ; Q V Q LJ > Q 1ST T H 2 M N 2ND R 3 3 VI 3RD Q Q ST. x Y H H O w ST. (A V) En ST. PROJECT #1.3 -S.W. NEIGHBORHOOD POTENTIAL REDEVELOPMENT PLAN ACQUISITION INFILL HOUSING AND PARKS ® - MAP 13.1 - NOTE: SEE REVERSE SIDE FOR LEGEND MAP REF: 8.1 A N T I C Q Hl N is m 191 POLICE SOUTH COMPLEX COUNTY COURT HOUSE A B C D E NORTH HAI TIAN CA THOLIC -li a 6TH N POTENTIAL ACOUISITiON CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- DIGITAL BASE AHP SYSTEM -- 3RD u ST. 3 Eli 3 (A ST. MERRI TT PARK ST. DRUG ABUSE F OF PALM BEACH CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX ROSEMONT PARK PROJECT #1.3 - S.W. NEIGHBORHOOD REDEVELOPMENT PLAN INFILL HOUSING AND PARKS - MAP B.2 - NOTE: SEE REVERSE SIDE FOR LEGEND MAP REF: 8.2 O 01 3 ui < is m 191 POLICE SOUTH COMPLEX COUNTY COURT HOUSE A B C D E NORTH HAI TIAN CA THOLIC -li a 6TH N POTENTIAL ACOUISITiON CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- DIGITAL BASE AHP SYSTEM -- 3RD u ST. 3 Eli 3 (A ST. MERRI TT PARK ST. DRUG ABUSE F OF PALM BEACH CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX ROSEMONT PARK PROJECT #1.3 - S.W. NEIGHBORHOOD REDEVELOPMENT PLAN INFILL HOUSING AND PARKS - MAP B.2 - NOTE: SEE REVERSE SIDE FOR LEGEND MAP REF: 8.2 A GA TEWA Y MINI PARKS A LJ 0 LSI Lei w Q P Q B Q Q Q C W > R D Q S E T F G H IE U H V H _ �`1 N F- C W O X L M Y Z N Ul (/) Vl N (/l N POTENTiAL PROJECT #1.3 - S.W. NEIGHBORHOOD ACOUISITiON REDEVELOPMENT PLAN INFILL HOUSING AND PARKS ® - MAP B.3 - CITY of DEFRAY BEACH, EL NOTE: SEE REVERSE SIDE FOR LEGEND PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- DAMAL BASE AHP SYSTEM -- MAP REF: 8.3 LLI > > Q aME ME a a 1 I MARTIN LUTHER KING JR. DRIVE N. W. 2ND CRA CHURCH H CRA VACANT LOT CRA (CHURCH) CRA CRA CRA CRA CRA I J CRA � to LA I< � M D L -F- 00 E M J N. W. 1ST ST. G Mt. C A CRA CRA - Olive CRA 35 Space Parkin Easemen NHH FIRE STA TION 3 AMOCO Z Z Z NO. 1 W E S T A T L A N T I C Qn�Q P O CRA �� Q .; CRA L=� L=� � CRA � � S. W. 1ST § ==]--F F=� = §2 El = '§A z ST. TENNIS STADIUM III A V E N U E SOU T COUNTY COURT HOUSE POLICE COMPLEX ST. POTENTIAL ACQUISITION N PROJECT #2.1 ® NW & SW 5TH AVENUE BEAUTIFICATION -MAPC- NOTE: SEE REVERSE SIDE FOR LEGEND CITY OF DELRAY BEACH, FL PROJECT AREA PLANNING & ZONING DEPARTMENT m m m 0 m m m- DECEMBER 2007 -- DWAL &ISE ANP SWEM -- MAP REF: MAP -C PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: NOVEMBER 16, 2009 AGENDA NO: VLA AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO THE CRA'S COMMUNITY REDEVELOPMENT PLAN. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding proposed amendments to the Community Redevelopment Agency's (CRA) Community Redevelopment Plan as reflected in Ordinance No. 59-09. BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted on November 18, 2008. When formally adopted by the City Commission, this latest amended plan will replace the current Community Redevelopment Plan in its entirety. The CRA Board reviewed the final draft of the amended Community Redevelopment Plan at its October 22, 2009 meeting. There was no one from the public that spoke on the amendments. After a brief discussion, the Board approved the amended Plan and forwarded it to the City for adoption by the City Commission. ANALYSIS This currently proposed amendment to the Community Redevelopment Plan includes the following changes. For specific information and details of the proposed changes, please refer to the attached Plan. Changes to Part IV, The Redevelopment Program, to: • Updated information on current plans, programs and project descriptions including: ■ West Atlantic Redevelopment Plan (Section 1.1) ■ Downtown Master Plan (Section 1.2) ■ Southwest Neighborhood Plan (Section 1.3) ■ Osceola Park (Section 1.5) ■ Carver Estates Redevelopment (Section 2.7) • Update programs in which the CRA's role has been substantially completed ■ South County Courthouse Expansion / Delray Public Library (Section 2.4) — the majority of this combined project has been transferred to Appendix C "Completed Projects". The CRA's role in this project was largely completed with the completed expansion of the Courthouse in 2009. This section has also Planning and Zoning Board Staff Report, November 16, 2009 Amendments to Community Redevelopment Plan Page 2 been revised to provide for future CRA participation in the potential expansion of the courthouse parking garage. Explanation of new programs: ■ Economic Development Incentives for Job Creation (Section 3.12) — providing general guidelines for incentives that can be used to facilitate job creation by attracting businesses to occupy existing office space and/or constructing new office space in the downtown. ■ Arts Based Economic Development Program (Section 3.13) — providing general guidelines for the CRA to support the development of arts -related uses and arts programs as outlined in the City's cultural plan. Changes to Part V to update all projections of revenues and expenses for the next 5 -near period (Table 5.1). Update of all maps to reflect current conditions and needs. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Pineapple Grove Main Street Executive Board reviewed the amendments at its November 4, 2009 meeting and unanimously recommended approval. The Downtown Development Authority (DDA) reviewed the amendments at its November 9, 2009 meeting and unanimously recommended approval, with the condition that DDA be mentioned in the section of the West Atlantic Avenue Redevelopment Plan under Project Participants and Administration (these references have been added to the amendment before the Commission). The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its November 11, 2009 meeting and recommended approval. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for adoption of the proposed amendments to the Community Redevelopment Plan by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan, as well as with the applicable requirements of F.S. 163.360. Attachments: • Community Redevelopment Plan • Ordinance No. 59-09