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07-25-13 Regular MeetingCity of Delray Beach Regular Commission Meeting Thursday, July 25, 2013 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings /Quasi- Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. July 3, 2013 - Special Meeting 5. PRESENTATIONS: A. NONE 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. SIDEWALK EASEMENT AGREEMENT /131 N.E. 01— AVENUE: Approve a sidewalk easement agreement for a five -foot (5') easement on the west side of the property located at 131 N.E. P-1 Avenue to construct a sidewalk. B. DEVELOPER'S AGREEMENT /SALT WATER BREWERY: Approve a Developer's Agreement with Salt Water Brewery for reimbursement at a cost not to exceed $57,585.00 for the design and installation and gravity sewer on N.W. 18th Avenue. Funding is available from 441 - 5161 - 536 -63.90 (Water and Sewer Fund: Improvements Other /Other Improvements). C. SERVICE AUTHORIZATION NO. 12- 021WANTMAN GROUP, INC.: Approve Service Authorization No. 12 -02 with Wantman Group, Inc. in the amount of $20,550.00 for a topographic and route survey of N.W. 314, N.W. 4th, and N.W. 5th Avenue for the Water Main Upgrade Project associated with N.W. 4th Avenue and N.W. 31d- Avenue. Funding is available from 442 - 5178 - 536 -68.75 (Water & Sewer Renewal & Replacement Fund: Improvements Other /N.W. 4th Avenue & 3114- Avenue Water Main). D. REJECTION OF BIDS /BEACH BEAUTIFICATION GAZEBO PROJECT: Approve a recommendation to reject all bids received for the Beach Beautification Gazebo Project and provide authorization to re -bid the project. E. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation for 516 S.W. 7th Avenue in the amount of $32,332.10. Funding is available from 118 - 1963 -554 -49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation). F. ADOPTION OF THE VISION 2020 FORUM REPORT: Approval to adopt the Vision 2020 "Future with History" Forum Report in concept. G. AGREEMENT FOR PROFESSIONAL LOBBYING SERVICES/ BALLARD PARTNERS: Approve an Agreement for Professional Lobbying Services with Ballard Partners in the amount of $15,000.00 annually provide lobbying services to the City regarding sober houses legislation. Funding is available from 001- 1111 -511- 34.90 (General Fund: Operating Expenses- Miscellaneous /Other Contractual Services). H. CONTRACT AGREEMENT WITH AMI RISK CONSULTANTS, LLC., FOR INSURANCE ACTUARIAL CONSULTING: Approve a contract agreement with AMI Risk Consultants, LLC., for insurance actuarial consulting at a fixed annual fee not to exceed $2,400.00, plus an additional $500.00 for travel expenses. Funding is available from 551- 1575 -591 -31.90 (Insurance Fund: Professional Services/ Other Professional Services). L CONTRACT AGREEMENT WITH ASCENSION /EMPLOYER MUTUAL INC., FOR INSURANCE BROKER/AGENT SERVICES: Approve a contract agreement with Ascension /Employer Mutual Inc., at a fixed annual fee of $37,500.00 for insurance broker /agent services. Funding is available from 551- 1575 -591 -45.20 (Insurance Fund: Insurance /Claims Handling Costs). CONTRACT AGREEMENT WITH PREFERRED GOVERNMENTAL CLAIM SOLUTIONS (PGCS) FOR INSURANCE THIRD PARTY ADMINISTRATION (TPA): Approve a contract agreement with Preferred Governmental Claim Solutions (PGCS) at an approximate annual fee of $69,120.00 for insurance third parly claims administration. Funding is available from 551- 1575 -591 -31.90 (Insurance Fund: Insurance /Other Professional Services). K.INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR CHRISTMAS TREE REPAIR: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to fund up to $35,000.00 for frame repair and painting the Christmas Tree. L. RESOLUTION NO. 32 -13: Approve Resolution No. 32 -13 assessing costs for abatement action required to remove nuisances on 10 properties throughout the City of Delrav Beach. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 1, 2013 through July 19, 2013. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Rosso Site Development in the amount of $45,302.86 for road and swale reconstruction on a section of Hyacinth Drive. Funding is available from 448 - 5461 -538 -46.43 (,Storm Water Utility Fund: Repair & Maintenance Service /Drainage Swales). 2. Purchase award to Specialty Vehicles, Inc. (SVI) in the amount of $150,000.00 for a fourth trolley in accordance with Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #AQN52. Funding is available from 334 - 6111 -545 -64.20 (General Construction Fund: Machinery /Equipment Automobile). 3. Bid award to multiple vendors for the purchase of medical drugs and supplies for the Fire Department via a Co -op Bid in an estimated annual cost of $260,760.00. Funding is available from 001 - 2315 - 526- 52.16(General Fund: EMS Supplies) and 001 - 2313 -522 -52.16 (General Fund: EMS Supplies). REGULAR AGENDA: A. CONDITIONAL USE REQUEST /SANDBAR AT BOSTON'S ON THE BEACH: Consider a conditional use request to allow outside entertainment limited to a Disc Jockey in an open -air porch of Sandbar at Boston's on the Beach located at 40 South Ocean Boulevard. (Quasi- Judicial Hearinz) B. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST/DELL GROVE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix ", minimum lot size, width, depth and frontage requirements and a final plat in conjunction with the creation of a two (2) single family home subdivision for Dell Grove, located at the southeast corner of N.E. 211—d Avenue and N.E. 121h- Street. (Quasi - Judicial Hearinz) C. WAIVER REQUEST /313 N.W. O—T AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.24(F)(4), "Old School Square Historic Arts District (OSSHAD) Development Standards ", which provides for a maximum front elevation width of 60', whereas a 71'11" width is proposed for the property located at 313 N.W. 1st Avenue. (Quasi- Judicial Hearing) D. REQUEST TO RELOCATE AND REDUCE PARK RENTAL FEES FOR THE GREEN MARKET: Consider a request to relocate the Green Market to Old School Square Park for the upcominIZ season and to reduce the rental rate to $330.00 per day plus utilities cost. E. DISCUSSION REGARDING CORRESPONDENCE RECEIVED FROM THE CITY'S CURRENT FRANCHISEE F. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for FY 2014, and set the budizet review and adoption schedule. G. PROPOSED MILLAGE RATE /DOWNTOWN DEVELOPMENT AUTHORITY: Consider approval of the Downtown Development Authority's proposed millage rate for FY 2014. H. SPECIAL EVENT REQUEST /52ND ANNUAL DELRAY AFFAIR: Consider approval of a special event request from the Chamber of Commerce to endorse the 52nd Annual Delray Affair to be held on April 25 -27, 2014, to grant a temporary use permit per LDR Section 2.4.6(F) for use of City property and rights -of -way as requested including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, as well as Old School Square Park, to provide trash boxes and use of City2enerator, to provide staff support as outlined in the attached letter and permit, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City, to provide a waiver of parking time restrictions in the downtown area during the event. The event producer to pay 100% of all City costs and to provide staff support as requested; contingent upon the conditions of approval listed in the staff report; denyin2 the waiver of consumption of alcoholic beverages per City Code. I. ACTION ON A MOTION TO WITHDRAW A RECOMMENDATION FOR AN APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Consider an action on a motion to withdraw Commissioner Frankel's recommendation for an appointment to the Community Redevelopment Agency (CRA) Board made at the July 9, 2013 Regular Meeting.. J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1 ) regular member to the Community Redevelopment Agency (CRA) serve a four (4) year term ending July 1, 2017. Based upon the rotation system, the appointment will be made either by Commissioner Frankel (Seat #3) or Mayor Glickstein (Seat #5). K. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) reMular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3). L APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint three (3) regular members from Zone 1, Zone 3 and Zone 4 to serve three (3) year terms ending July 31, 2016 and a student member to serve a one (1) year term ending July 31, 2014 to the Neighborhood Advisory Council. Based upon the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). M. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2014 and two (2) Citizen at Large Members to serve two (2) year terms ending July 31, 2015 to the Parking Management Advisory Board. Based on the rotation system, appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). N. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint four (4) regular members to serve two (2) year terms ending July 31, 2015 to the Affordable Housing Advisory Committee. Based on the rotation system, appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein. O. APPOINTMENTS TO THE POLICE ADVISORY BOARD: ADDoint four (4 re2ular members to serve two (2) year terms ending July 31, 2015 to the Police Advisory Board. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5). P. 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, 2015. Based upon the rotation system, the appointments will be made by Commissioner Frankel (,Seat #3), Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia Seat #I). Q. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular members to the Education Board to serve two (2) year terms ending July 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacauet). R. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member and two (2) alternate members to serve two (2) year terms ending July 31, 2015 to the Green Implementation Advancement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (,Seat #2), Commissioner Frankel (,Seat #3) and Commissioner Gray (Seat #4). S. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: ADDoint three (3) regular members and two (2) alternate members to serve two (2) year terms ending July 31, 2015 to the Nuisance Abatement Board. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). T. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2) regular members and two (2) alternate members to serve two (2) year terms ending July 31, 2015 to the Financial Review Board. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1). 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/ FY 2014 PROPOSED BUDGET: The Citv Commission will hear public comments, if any, regarding the FY 2014 proposed Budget at this time. B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2013 -14: Consider approval of the CDBG Consolidated Annual Action Plan FY 2013 -14 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. C. RESOLUTION NO. 14 -13: Consider approval of Resolution No. 14 -13 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2014 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. 11. FIRST READINGS: A. ORDINANCE NO. 12 -13: Consider a city- initiated amendment to Land Development emulations (LDR) Section 4.6.9(D)(3)(c), "Parking Lot Stacking Distance ", to reduce the stacking distance for parking lots with 51 or more spaces when there are multiple access points. If passed, a public hearing will be held on August 6, 2013. B. ORDINANCE NO. 13 -13: Consider a city- initiated amendment to Land Development emulations (LDR) Section 2.4.3, "Submission Requirements ", Subsection (D), "Preliminary Engineering Plans ", and Subsection (F), "Final Engineering Plans ", to provide for bus shelters; enacting a new Section 6.1.14, "Transit ", to provide for bus shelters. If passed, a public hearing will be held on August 6, 2013. C. ORDINANCE NO. 14 -13: Consider an amendment to Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". If passed, a public hearing will be held on August 6, 2013. D. ORDINANCE NO. 16 -13: Consider an amendment to Chanter 110. "Local Business Taxes Generally ", of the Code of Ordinances, by enacting Section 110.17, "Conditions; Notification; Hearing ", to allow the City to impose conditions on a business tax receipt for repeated noise violations. If passed, a public hearing will be held on August 6, 2013. E. ORDINANCE NO. 15 -13: Consider an amendment to Chapter 101, "Municipal Parks, Beaches and Other Recreational Sites ", Section 101.24, "Traffic Regulations ", of the Code of Ordinances, to increase the altitude restrictions for certain aircraft flying over the City. If passed, a public hearing will be held on August 6, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SPECIAL MEETING JULY 3, 2013 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice -Mayor Alson Jacquet in the Commission Chambers at City Hall at 3:00 p.m., on Wednesday, July 3, 2013. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Angeleta E. Gray Vice -Mayor Alson Jacquet Absent - Commissioner Adam Frankel Mayor Cary Glickstein Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Vice -Mayor Jacquet called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. WAIVER REQUESTS ATH OF JULY FESTIVITIES: Consider approval of two (2) waiver requests to Land Development Regulations (LDR) Section 4.6.7(F)(3)(0, "Special Event Non - Roadway Banner Signing ", and Section 4.6.7U)(1)(b), "Wind Signs ", to allow sponsor banners to be hung at various locations, to exceed 20 square feet and allow a hot air balloon of 30' x 40' to be secured to the ground in the grass area east of A -1 -A for the 4`h of July Festivities. (Quasi - Judicial Hearing) Vice -Mayor Jacquet stated this item is Quasi-judicial and any person wishing to speak to stand and be sworn in by the Clerk. The City Clerk swore in individuals who wished to speak on this item. Mr. Douglas E. Smith, Assistant City Manager, presented this item and stated staff was not made aware of the hot air balloon request until June 28, 2013. He stated the balloon is not a helium balloon and will be secured to the ground. Mr. Smith stated the second waiver is in regards to a banner. Mrs. Gray asked if this is the first time the city has had the balloon and have there been any other waivers before regarding balloons. In addition, she asked how this will be handled regarding safety. Ms. Stephanie Immelman, Interim Executive Director, Delray Beach Marketing Cooperative, spoke regarding the balloon, sign code and safety. Mr. Chapman stated the Commission in their approval can suggest that this be non - precedent setting. Vice -Mayor Jacquet stated he would like requests like this to be considered on an individual basis and not be precedent setting. In addition, he stated he would like to see Delray Beach added somewhere to the balloon as well as the banners. Mrs. Gray also discussed setting a precedent in regards to other events. Mrs. Petrolia concurred with comments expressed by Vice -Mayor Jacquet and asked about the sponsorship regarding the balloon. Discussion ensued amongst the Commission. The City Attorney reviewed the board orders with the Commission (attached hereto and made an official part of the record). Mrs. Gray moved to adopt the 1s` board order with conditions, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mrs. Petrolia — Yes. Said motion passed with a 3 to 0 vote. Mrs. Petrolia moved to adopt the 2nd board order with conditions, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 3 to 0 vote. Vice -Mayor Jacquet adjourned the Special Meeting at 3:23 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 Special Meeting of the City Commission held on Wednesday, July 3, 2013, which Minutes were formally approved and adopted by the City Commission on uT l 9 2013. 2 July 3, 2013 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. July 3, 2013 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST REGARDING AN INCREASE IN SIZE OF TEMPORARY SPECIAL EVENT NON - ROADWAY BANNERS FOR THE 4TH OF JULY EVENT 1. This waiver request to allow an increase in size of temporary, special event non- roadway banners to exceed 20 sq. ft. in area came before the City Commission on July 3, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow special event non - roadway banners to exceed 20 sq. ft. in area. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Wainer Request: A waiver to LDR Section 4.6.7(F)(3)(f)(4), to allow an increase in size of temporary special event non - roadway banners from the twenty (20) square foot area size maximum provided in the LDRs to approximately ninety (90) square foot area size. Does the waiver request to increase the special event non- roadway banner size meet all the requirements of 2.4.7(B)(5)? Yes ✓ No July 3, 2013 Special Meeting; Item SPA 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4) subject to the condition that each sign must provide the name, time, date, and location of the event. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3rd day of July, 2013, by a vote of 3 J avor and o used. Al la ue't, Vice- yor ATTEST: Chevelle Nubin, City Clerk 0 July 3, 2013 Special Meeting; Item SPA IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST REGARDING A TEMPORARY WIND SIGN (BALLOON) FOR THE 4T" OF JULY EVENT 1. This waiver request to allow a temporary wind sign (balloon) came before the City Commission on July 3, 2013. 2, The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow a temporary wind sign (balloon). All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver Request: A waiver to LDR Section 4.6.7(J)(1)(b), to allow a temporary wind sign (balloon) that measures forty (40) feet tall and thirty (30) feet in diameter. Does the waiver request to allow a temporary wind sign (balloon) meet all the requirements of 2.4.7(B)(5)? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was July 3, 2013 Special Meeting; Item SPA submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests to LDR Section 4.6.7(J)(1)(b) subject to the conditions that each sign must provide the name, time, date, and location of the event and that the DBMC staff shall require the balloon to have a reference to the City of Delray Beach in accordance with the direction given by the Commission and that further consideration for the approval of this item is due to the date proximity of the event and the fact that the applicant has proceeded, through no fault of their own, and has taken certain actions under the impression that this balloon was previously approved. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3rd day of July, 2013, by a vote of 3 , in favor and opposed. VL G J cquet, ice -M or ATTEST: Chevelle Nubin, City Clerk N July 3, 2013 Special Meeting; Item SPA MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director Tim Tack, P.E., Project Manager THROUGH: Louie Chapman, Jr., City Manager DATE: July 1, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JULY 25, 2013 SIDEWALK EASEMENT AGREEMENT /131 N.E.1ST AVENUE ITEM BEFORE COMMISSION This item is before the Commission for approval /authorization for Mayor to sign sidewalk easement deed for 131 NE 1st Avenue as part of Project # 12 -042. BACKGROUND NE 1 st Avenue, from NE 1 st St to NE 2nd St, is in the current Capital Improvement Program and improvements included water main upgrades, paver sidewalks, decorative street lights and on street parallel parking. NE 1st Avenue rights -of -way vary from 40 feet to 50 feet, and 50 feet is required to complete the above mentioned improvements. As such, a five (5') foot sidewalk easement is required from several property owners. Attached is a partially executed sidewalk easement deed for one of those properties. There is no cost to the city associated with this easement deed. Improvements are funded by CRA and the Water /Sewer Renewal and Replacement Fund. Attached is a copy of the agreement and location map. RECOMMENDATION Staff recommends approval. Prepared by: RETURN: Randal Krejcarek, P.E., LEED AP, GISP Environmental Services Department 434 S. Swinton Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of , 20___, by and between 131 Investors LLC, with a mailing address of 8065 Valhalla Drive, Delray Beach, FL 33446, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for public pedestrian access and for the purpose of the maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to maintain such sidewalk across, through and upon or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on the above - described property, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above - described property, other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction by the parry of the first part to the required standards, the party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City of Delray Beach. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS 41: (name printed or typed) WITNESS #2: E (name printed or typed) STATE OF COUNTY OF PARTY OF THE FIRST PART By: The foregoing instrument was acknowledged before me this day of 20 ! by -A t1r, :' ,1. E '� (name of officer or agent), of /'3I lkr e - (name of corporation), a I 0r-;' t (State or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of ide ific.ation) as identification and did /did not take an oath.' )c' CmMission# EE 859511 Signature of Notary Public - i 10res February 7, 2017 State of . , B"Wed Thu TWFain kmr&m N0,VS76t9 ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Legal Form: City Attorney 2 Cary Glickstein, Mayor 5 k SCALE: 1"=20' ' SIDEWALK LEGAL DESCRIPTION: WEST 5 FEET OF THE SOUTH 56 FEET OF LOT 3, BLOCK 75, TOWN N.E. 1ST ST OF LI NTON ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3 OF THE LOCAT ON MAC' PUBLIC RECORDS OF PALM BEACH N.T.S COUNTY, FLORIDA. w. Q N.E. 2ND ST. -]I w Q (!a W Z I PROPOSED 5' F7SIDEWALK EASEMENT TOWN OF LINTON BLOCK 75 ID 20' LOT 3 I 135' V CITY of DELRAY BEACH DATE- 06 -21 -'3 ENVIRONMENTAL SERVICES DEPARTMENT EXHIBIT "A" p�Q 12-042 4 SSOUTH @�Ff 3W OH AVEhAJE, Da-PAY BEACH. FLQlMA 33444 34 CITY OF UELRRY HEREH DEFRAY BEACH F L ° ' ° 1 '100 N.W. ; ;t rVCNUE a DEER, Y" gEfAGH. FLORiCA 'f3441 All - America City June 24, 2013 Subject: NE 1st Avenue Improvements (131 NE 1" Avenue) Dear Sir or Madam 5Ci1243 -7000 The City of Delray Beach intends to construct a sidewalk along the West side of your property. In order to accomplish the construction, the City will require a five -foot (5') easement on the West side of your property that will be needed to construct the sidewalk. Enclosed for your review and handling are two different documents. The first is the Easement Deed, which grants the City the right to construct and maintain the sidewalk facilities across your property. The City will also return the disturbed property to the same or like condition, with the addition of a sidewalk. The Easement Deed should be signed by you, and each signature should be witnessed and notarized by two witnesses. A notary should acknowledge your signature and affix their stamp. The second document is a Subordination of Encumbrance. In the event you have a mortgage on your property, the mortgage company should execute the subordination. If you have a first and second mortgage, both mortgage holders should execute the subordination. Please forward this document to your mortgage holder for execution. If you have any questions, please call me at 561 - 243 -7322. 1 will be happy to meet with you to explain the documents in more detail, Thank you for your prompt attention to this matter. Sincerely, ENVIRONMENTAL SERVICES DEPARTMENT CITY OF D LRAY BEAC , FL RIDA By: Randal L. Krejcarek, P.E. ED AP, GIS City Engineer Please sign and return a copy of this letter after checking the appropriate Box. _I do / I do not have a mortgage on my property. `) U) V� LU z 5 j r i 0 N to V �1 > Q r;- Qa � -Ql0 oLL a. V �1 > Q r;- ` - r---' CA uj i _. f — R V �1 Z *m w z > Q O N � r ti Z *m w z MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director Randal Krejcarek, P.E., City Engineer THROUGH: Louie Chapman, Jr., City Manager DATE: June 26, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JULY 25, 2013 DEVELOPER'S AGREEMENT /SALT WATER BREWERY ITEM BEFORE COMMISSION Commission approval /authorization for Mayor to execute Developer's Agreement with Salt Water Brewery for the design and installation and gravity sewer on NW 18th Ave. Project # 13 -082. BACKGROUND Salt Water Brewery is a micro - brewery that is planning to open this fall. It is located on NW 18th Ave just north of W Atlantic Ave and west of the CSX tracks. Properties along this section of NW 18th Ave currently do not have access to city sewer. The owners of Salt Water Brewery have approached staff and requested the City split the cost of design and construction of this new sewer main. Installation of this sewer main will enable the other existing businesses along this block of NW 18th Avenue to connect to the city maintained system. This agreement will provide Saltwater Brewery reimbursement for the new sewer at a not to exceed cost of $57,585.75. The actual design and construction costs are as follows: $ 2,500.00 Survey $ 5,650.00 Design $107,021.50 Construction (three quotes attached) The agreement and location map are attached. FUNDING SOURCE 441 - 5161 -536 -63.90 RECOMMENDATION Staff recommends approval. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT THIS AGREEMENT entered into this day of , 2013, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and DEVELOPER), to provide as follows: , (hereinafter referred to as WHEREAS, DEVELOPER, is developing the project known as Salt Water Brewery located at 1701 West Atlantic Avenue, Delray Beach; and WHEREAS, the CITY is requesting that DEVELOPER make certain offsite improvements to the sanitary sewer to accommodate future flows; and NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the DEVELOPER and CITY hereby agree as follows: herein. 1. The above - stated recitals are incorporated herein as if fully set forth 2. The DEVELOPER shall provide the design and construct the 8" sanitary sewer main as provided on Exhibit "A ", attached hereto and incorporated herein. 3. The CITY shall reimburse the DEVELOPER the amount not to exceed $57,585.75 upon the completion of the work as determined by the CITY, through receipts submitted by Developer. However, if requested by DEVELOPER the CITY Sands Terrace Condominiums 8 -inch Water Main Upgrades Page 1 of 5 may make a payment to the DEVELOPER once 50% of the work as described above has been completed and accepted by the CITY. The City shall only pay the Developer the cost of design and construction associated with the installation of the 8" sanitary sewer main as provided on Exhibit "A ", attached hereto and incorporated herein. Developer 4. The sanitary sewer main improvement must be completed, finalized and improvement shall be the responsibility of the DEVELOPER. The restorations shall be performed in accordance with the DEVEL R'S approved engineering plans. Aow�DEVELOPER shall pay all sales, consumer, use and other similar taxes Nk 'qq4Nhh1'W required to be paid in accordance with the laws, ordinances and regulations of the place of the development which are applicable during the performance of the work. Developer shall also pay all application, filing and permit fees, including, but without limitation, all fees to local, regional and state government and agencies. 7. DEVELOPER warrants and guarantees to the CITY that all work on the sanitary sewer main improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty /guarantee period but remaining after its Sands Terrace Condominiums 8 -inch Water Main Upgrades Page 2 of 5 expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the sanitary sewer main improvement, which are remedied as a result of obligations of the warranty /guarantee shall subject the remedied portion of the work to an extended warranty /guarantee period of one year after the defect has been remedied. DEVELOPER shall deli is agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S 1W IML DEVELOPER shall be solely responsible for the means, methods, techniques, sequences parties, as it pertains to the construction or installation of the sanitary sewer main improvement. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 11. DEVELOPER, in consideration of the payment of ten dollars ($10.00), receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the CITY, its employees, agents and officers from and against any and all damage, claim, Sands Terrace Condominiums 8 -inch Water Main Upgrades Page 3 of 5 lawsuit, loss, of whatever kind, arising from the construction or installation of the sanitary sewer main improvement, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels. 12. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liab' ' nsurance in the amount of five hundred thousand dollars ($500,000.00) governing bodily injury and property damage in standard form, insuring CITY as additional named insured. as of the day and year first above writt Sands Terrace Condominiums 8 -inch Water Main Upgrades Page 4 of 5 ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF CITY OF DELRAY BEACH Cary Glickstein, Mayor Signature of Notary Public Sands Terrace Condominiums 8 -inch Water Main Upgrades Page 5 of 5 diversified Prover? Solutions for Today... Innovations for the Future Delray Beach Brewing Co., LLC 3045 Gulf Stream Road Gulf Stream, F133483 Re: Saltwater Brewery — Delray Beach Attn: Mr. Leigh Gove July 8n', 2013 Please find below our proposal and description for the work on Saltwater Brewery located on N.W. 18`t' Street, Delray Beach. Price includes all labor, equipment, supervision and materials for items described below. Prices as follow: Item Description Quantities Unit Price Extension 1 Mobilization 1 2 Field Locate Existing Lines 1 3 Maintenance of Traffic 1 4 Dewatering 1 5 Connection to Existing Sewer Pipe 1 6 Furnish and Install San. Sewer Manhole 1 7 Furnish and Install Outside Drop 5.62 8 8" SDR 35 Sewer Pipe 500 9 6" San. Sewer Service with Claen Out 90 1.0 Asphalt Restoration for Lateral 50 11 Sanitary Sewer Manhole 2 12 Conflict with Water Service 2 13 Demolition of Existing Asphalt 1520 14 12" Compacted Sub -Grade 1550 15 8" Base Rock 1550 16 1.5" S -III Asphalt (including Prime) 1520 6397 Shadow Creek Village Circle Lake Worth, Florida 33463 tomvitale@tvdiversified.com www.tvdiversified.com $ 1,500.00 $ 1,500.00 $ 500.00 $ 500.00 $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,500.00 $ 5,500.00 $ 5,500.00 $ 200.00 $ 1,124.00 $ 25.00 $ 12,500.00 $ 20.00 $ 1,800.00 $ 21.00 $ 1,050.00 $ 3,750.00 $ 7,500.00 $ 100.00 $ 200.00 $ 1.00 $ 1,520.00 $ 3.00 $ 4,650.00 $ 12.00 $ 18,600.00 $ 17.00 $ 25,840.00 561.629.7087 Office 561.433.3086 Fax 954.899.4703 Cell - diversified Prover? Solutions for Today... Innovations for the Future 17 Temporary Striping 1150 1S Thermoplastic Striping 1150 19 Stop Bar (Temp. and Thermoplastic) 1 20 Remove Surplus Material 5 21 Air Test San. Sewer Line 3 22 T.V. Sanitary Sewer Line 1 23 Survey, Lay out and Asbuilts 1 24 Density Test 1 Grand Total $ 1.25 $ 1,437.50 $ 4.00 $ 4,600.00 $ 400.00 $ 400.00 $ 450.00 $ 2,250.00 $ 700.00 $ 2,100.00 $ 1,200.00 $ 1 ,200.00 $ 4,500.00 $ 4,500.00 $ 1,250.00 $ 1,250.00 $ 107,021.50 Excluded: 1. Permits are excluded and shall be furnished by Owner. 2. Bonds are excluded. 3. Includes location of utilities that can be identified in accordance with Florida Statute's Call Sunshine system. Locates for private and/or temporary utilities not included. 4. This proposal is based upon our ability to perform work in sequential manner without unreasonable interruption or hindrance. 5. Unless otherwise specifically provided herein to the contrary, this Proposal is lump sum and will result in a stipulated suns. contract. The provision of subtotals or unit pricing, at this time or any time in the future, is for informational purposes only. As such, portions of the Proposal may not be accepted or rejected in part without written agreement including the reprising of work to be performed. 6. Price good for 90 days. Thank you for the opportunity to present this proposal & to be of service. Hector Meneses Estimator 6397 Shadow Creek Village Circle Lake Worth, Florida 33463 tomvitale@tvdiversified.com www.tvdiversified.com 561.629.7087 Office 561.433.3086 Fax 954.899.4703 Cell KILBOURNE & SONS ASPHALT Maintenance, Inc P.O. Box 6219 Delray Beach, FL 33482 -6219 NAME/ADDRESS Salt Water Brewery NW 18th Ave Delray Beach, FL 33444 Ship To Estimate DATE ESTIMATE NO. 7/8/2013 2608 SIGNATURE Phone # TERMS LIC U16045 Due on recpt DESCRIPTION QTY COST TOTAL Construct 500 LF of gravity sewer line per Enviro Design 1 108,981.00 108,981.00 plans, Job 413049 -Eng dated 6/28/13. Includes remove pavement, excavate and install 8" PV C sewer main, install 2 manholes, connect existing PVC to new drop manhole. Install 2 6" service connections to R.Q.W. with clear) out. (Extension to building connection by plumber) Reconstruct trench with 1.2" stabilized subgrade and 14" crushed concrete base. (In lieu of stabilized subgrade) re -pave with 1 112" of SP 9.5 asphalt. Mill roadway, 1550 sy, and re -pave with 1 1/2" of SP 9.5 asphalt. Includes MOT, Layout & Testing. DOES NOT INCLUDE LANDSCAPING, 0.00 0.00 IRRIGATION, PERMITS,PLANS, ENGINEERING, AS BUILT,CHANGES OR ADDITIONS REQUIRED BY PERMITTING AGENCY OR ANY ITEM NOT SPECIFIED. QUANTITIES LISTED ABOVE ARE ESTIMATED QUANTITIES. FINAL PAYMENT TO BE BASED UPON ACTUAL QUANTITIES INSTALLED AS DETERMINED BY FIELD MEASUREMENTS UPON COMPLETION. DOES NOT INCLUDE REMOVAL OF UNSUITABLE MATERTAL.DOES NOT INCLUDE PERFORMANCE AND PAYMENT BOND.DOES NOT INCLUDE PAVEMENT MARKINGS. TTOTAL SIGNATURE Phone # Fax # E -mail 561- 498 -7040 561 -278 -7034 KILBOURNEPAVING @aol.com Page 1 KILBOURNE & SONS ASPHALT Maintenance, Inc P.O. Box 6219 Delray Beach, FL 33482 -6219 NAMEIADDRESS Salt Water Brewery N W 1 8th Ave Delray Beach, FL 33444 Ship To Estimate DATE ESTIMATE NO. 7/8/2013 2608 SIGNATURE Phone # TERMS LIC U16045 Due on recpt DESCRIPTION QTY COST TOTAL DOES NOT INCLUDE RESOLVING UNKNOWN CONFLICTS. TOTAL $108,981.00 SIGNATURE Phone # Fax # E -mail 561 -498 -7040 561- 278 -7034 KILBOURNEPAVING @aol.com Page 2 July 8, 2013 To. Leigh Gove Ph. 1-310-880-2379 QOCKgjgbg��� Re: Saltwater Brewery Delray Beach Plans by - EnviroDesign Dated: 06/28/13 No revisions Geotechnical Report by: N/A Based upon the above referenced drawings, we are pleased to submit the following,'gitework ImProvement pricing for your review and consideration. rveying & Testing, Calculations Verify boundaries Set benchmark. Stake subgrade Blue tops Rock as-bu Hts Asphalt as-builts Stake sewer Sewer as-builts Proctor testing (backfil I material & baserock) Density testing (pipe backfill, subgrade, baserock) abfflzatian: - Mobilize equipment to site Site Demolition Work. * Sawcut existing asphalt pavement for removal * Remove existing asphalt * Excavatelsalvage baserock for reuse. .$7,725,00 $8,815.00 CS.'R Heavy Construction, Inc. 13097est 7/8/2013 4 Load out & remove debris generated, Erosion Control Install silt fencing. 520 LF Maintain silt fence for duration of project. I .. . ...... ... Paving- $52,565.00 * Fine grade & install 12" stabilized subgrade (LBR4-0, utilize salvaged material) 1,625 SY * Install 8" lirnerock base 1,625 SY * Fine. grade & compact base material 1,625 SY 11/2" asphalt wfprime i:J lift) 1,400 SY o Paint striping as. needed to restore original traffic control, - M@Intenance of traffic, - Cleanup Sanitary Sewers., — $45,775,00 S 8" PVC SDR35 (0-6') 500 LF 8" PVC SDR35 (10-12'.) 20 LF 6" PVC SDR35 28 LF ffi Ix Service Lateral 2 EA 6" Cleanout assembly 2' EA Manhole (0-6) 2 EA Manhole 1 EA Outside drop piping 5,52 VF a Core manhole & connect I EA Includes dewatering as needed, Includes TV inspection of new lines after installation. "Laterals terminate at property line w/ cleanout to grade. Balance of services will and connection to building will be by plumber, No cleaning or rehab of existing gravity SeWQ r system * * Total Proposal Amount! $116"960.00 Standard Exclusionsand Clarifications: Removal of buried debris or trash is excluded Relocation of trees or plants is excluded. Relocation of underground utilities, FPL power poles or light poles is excluded Import of topsoil or grading of top soil for sodding or landscape is excluded. Hand grading for landscaping or green areas of any sort is.exclude.d o All pavement marking onsite to be painted. All off-sitee pavement marking to be -thernio. No sprinkler repairs, Lead-in miks. to buildings are excluded. Page 2 of 3 CSR Heavy Construction, Inc. 13097est 713/2013 We will neat be responsible for birdbaths or water flow when projects are designed with less than 2% fall. (asphalt paving). Thicknesses of asphalt paving, base rock, and subgrade are considered averages and not minimurns:as it is the nature of the installation to be such, However, CSR will make every effort to achieve the intent of the design Ruide6nes. This proposal is based on work being completed during the hours of 7:00 am and 4:00 prn, Monday through PrIday (No holidays or weekends), Engineering,-Dep,-s#-y- are not included. Installation of Tempo.rary Access Roads, Crone Pads or Stabilized Areas are not included unless. specifically stated above. Work limited to.5cope included above, This proposal may be withdrawn after 30 days, TERMS Balance due upon completion of work. Mark Hoffman Chief Estimator, E.I. #493ET266 P'Ige 3 of 3 1; �. . a 1� Z*m ...Al .14th Au Qa � -Ql0 oLL a. MEMORANDUM TO: Mayor and City Commissioners FROM: William A. Grieve, P.E., Assistant City Engineer Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 1, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JULY 25, 2013 SERVICE AUTHORIZATION NO. 12 -02/ WANTMAN GROUP, INC. ITEM BEFORE COMMISSION This item is before Commission for approval /authorization for the Mayor to execute Service Authorization No. 12 -02, with Wantman Group, Inc. for a topographic and route survey of N.W. 3rd, N.W. 4th, and N.W. 5th Avenue Water Main Upgrade project (N.W. 4th Avenue & N.W. 3rd Avenue WM), Project No. 11 -042. The cost of this Service Authorization is $20,550.00 (approximately 3,700 linear feet of right -of -way). BACKGROUND Upgrade existing rear of property 2" water mains on N.W. 3rd Avenue., N.W. 4th Avenue and N.W. 5th Avenue. The project is part of the City's Water Main Upgrade Program and will be designed by in- house engineering staff. The cost of construction is estimated at $444,000. Attached is a copy of the Service Authorization and a location map. FUNDING SOURCE Funding is available in account # 442 - 5178 -536 -68.75 RECOMMENDATION Staff recommends approval. City of Delray Beach Land Surveying Consulting Services EXHIBIT A CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Wantman Grog Inc SERVICE AUTHORIZATION NO. 12 -02 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO, TITLE: N.W. 31d Avenue N. W. 41h- Avenue and N.W. 5th Avenue Route Survey_ This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. I. PROJECT DESCRIPTION Route Survey For: N.W. 4th Avenue from Enfield Drive to N.W. 9th Street, N.W. 3rd Avenue from N.W. 7th Street to N.W. 9th Street and N.W. 5th Avenue from N.W. 4th Avenue to N.W. 9th Street (Approximately 3,700 linear feet of right -of -way). II. SCOPE OF SERVICES See Attached Typical Survey Requirements and Scope IILBUDGET The above services will be completed based on the Contract Dated 4- 26- 2013for: $20,550.00 IV. COMPLETION DATE The completion Date will be four (4) weeks from the date the signed Service Authorization is received. IRWGI Wantman Group, Inc. Page 1 of 6 City of Delray Beach Land Surveying Consulting Services This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney CONSULTANT: BEFORE ME, the foregoing instrument, this 0 �1 day of Y , 201 , was acknowledged by tAQ0 n behalf of the Corporation 0- MW 6 and said person executed the. same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this W day of Y , 201_ Not blic State of Florida NOTARY pUi,3LIC- 1'". ?Tv nF t;'[.t3RTDA •..,,,.,,' Fxliil'', ; l i'lu3, 2013 0 BONDED THRO ATLANTIC BONDNO CO., DIC. My Commission Expires: o 0 Wkfj_11 Wantman Group, Inc. Page 2 of 6 City of Delray Beach Land Surveying Consulting Services LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference: Typical Survey Requirements and Scope Dear: The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved. Please submit an estimate for completing a topographical survey. Also, please provide the time it will take from execution of a service authorization to delivery of the survey. Street From To The survey should include the following: 1. Platted rights -of -way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right -of -way as well as the front two corners of the building on each lot. 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. Coordination with City of Delray Beach's Water and Sewer network at (561) 243 -7312 for underground utilities locates shall be the surveyor's responsibility_ Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right -of -way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200 +00 for SE 2nd Ave, 300 +00 for SE 3rd Ave, 800 +00 for SE 8" Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. OWG-11 Wantmark Group, Inc. Page 3 of 6 City of Delray Beach Land Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of survey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING ", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "ENT WATER ". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08 "_@ 1 " =20' this would be 1.6' high letters L100 0.10" L120 0.12" L140 0.14" L175 0.175" L200 0.20" etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note : Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. OWGI Wantman Group, Inc. Page 4 of 6 City of Delray Beach Land Surveying Consulting Services There are a few main issues regarding drawing management and file transfers to the city that require compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only. t=iles will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY.DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be rescaled all at the same time without moving from their original insertion points. [UWG'-1 Wantman Group, Inc. Wage 5 of 6 City of Delray Beach Lane! Surveying Consulting Services PLACEMENT OF LEADER LINES DELRAY.CT13 If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a Latch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre -CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc... percent (%). When varied pen widths or half tones are applied in their use many combinations are possible. EWWG' I Wantman Croup, Inc. Page 6of6 ,. _ - :., DELRAY.CT13 If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a Latch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre -CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc... percent (%). When varied pen widths or half tones are applied in their use many combinations are possible. EWWG' I Wantman Croup, Inc. Page 6of6 z W Q N.W. 9TH ST. > j � Q Q 1j L0 Z z Z 0 z 0 7TH ST. a Q � Q E L7 = LAKE TERR. N W 0 LA O U o � O Q LLJ 0 z WOOD U KINGS LYNN a CD m N z En C w J 0 0 Q c CITY of DELRAY BEACH °a�,2/ze/z °,z � ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP L°cuaP raw aMavE P 434 sourM swAVroN AVENW DE-RAY BEACH, ROA[]A 33444 212 -200 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 10, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JULY 25, 2013 REJECTION OF BIDS/ BEACH BEAUTIFICATION GAZEBO PROJECT ITEM BEFORE COMMISSION Consider rejecting all bids received for the Beach Beautification Gazebo Project (Bid No. 13 -43) and authorization to re -bid the project. BACKGROUND Phase one of the beach beautification plan entails the demolition and replacement of the beach pavilion located just south of Atlantic Avenue on Ocean Boulevard. New amenities include a larger gazebo structure, ADA compliant access ramp, brick paver walkways, sea turtle compliant lighting and the mitigation of ancillary structures across the site. During the bid process, it became apparent that the plans and specifications (provided pro bono to the City) did not clearly define some of the necessary project components such as, point of service for the electrical service and riser, galvanized vs. stainless steel structural connectors, geotechnical conditions, aluminum vs. stainless steel materials etc. Further review of the plans and specifications revealed ambiguities that in the opinion of the Architect and City require additional detail and clarification. Awarding the construction of the project at this time could be subjecting the City to change orders and request for additional contract time. As a result, staff recommends rejecting all bids, amending the plans and specifications and re- advertising the scope of work no later than August 2013. RECOMMENDATION Staff recommends rejecting all bids received for the Beach Beautification Gazebo Project and authorization to re -bid the project. J O�� O-1 0 0 0 0 0 0 0 0 a-I O m m 0 0 0 0 0 0 0 0 M �d O v v v o O Z ZY v v)- O O O O O Oi N .74 v vii. v v} 4 Ln 110 9 > > > n 0 0 0 0 0 0 0 0 0 0 0 0 /kb 0 00 0 00 0 0 0 00 0 00 0 0 00 4d S Sri 0 0 q qT 0 0 m m O O N 0 Jo 40 O v v v 0 O q qT O O O O O O O O v �o L +� 0 v m 0 0 O O O C 0 bD W d E c E c c� Q 7 7 O 0 .N •Q 0� O w -0 O U ++ M — E C Q N� O M� c m a' O ^ 0a E v O W0 o E N t :t a, - +�+ Q a/ a/ f0 0a 0 0 0 (7 J J C � bD y 3 v .i N m�t in D ai O cn c — u m Q MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JULY 25, 2013 HOUSING REHABILITATION GRANUCONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder in the amount of $32,332.10. Funding for the project is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following project: 516 SW 7th Avenue, Abisset Corporation, LLC/$29,420= Total Rehab cost: $32,332.10 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional costs may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in -house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in -house estimate. This serves to disqualify unreasonably low bids and therefore, protect against the resulting change order requests. Mrs. Hull is a relative of City employee Dexter Hazel and has applied for assistance through the City's Housing Rehabilitation Programs. Mrs. Hull has been qualified for eligibility through the same process applicable to all applicants and will receive the same benefits available to all eligible applicants under the City program. The City Attorney's Office has reviewed the City of Delray Beach Code of Ethics and the legal opinion is that Mrs. Hull's participation will not in any way violate the City's Code of Ethics. The City also placed an advertisement of Notice of Employee Participation in the June 1, 2013 issue of The Palm Beach Post. FUNDING SOURCE Community Development Block Grant 118 - 1963 -554 -49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award to the lowest responsive bidder, Abisset Corporation, in the amount of $32,332.10. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID /QUOTE #: 06- 2013NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS DATE OF BID OPENING Mellanie Hull 516 SW 7th Ave May 17, 2013 June 10, 2013 GENERAL CONTRACTORS Abisset Corporation All Phase Roofing AMR Properties Group Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. CSB Construction, Inc. JIJ Construction Corp. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Stacy Bomar Construction, LLC. Sunband Builders Construction Inc. In -House Estimate: RECOMMENDED CONTRACTOR: BID /CONTRACT AMOUNT: 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT $ BID AMOUNT 29,420.00 BID BOND yes $ 36,050.00 no $ 47,150.00 yes $ 34,820.00 yes $ 41,162.00 no $ 35,013.00 yes $ 35,260.00 yes $ 41,475.00 yes $ 33,213.75 Abisset Corporation $ 29,420.00 $ 1,471.00 $ 30,891.00 450.00 N/A N/A 972.00 19.10 32, 332.10 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118 - 1963- 554 -49.19 COMMENTS: Staff recommends project to be awarded to the lowest responsive bidder !/p, ✓a. ls�o oS ?oa /S oU/ Sa U0•�J017 ppV ✓p/ lsU00 11700 U ✓ISo \ ps 717 dh pU /U��1,7 � ✓lsUo 0 Up pb Ups /�� ✓ /p(U \p✓0� �Iko ��� /p /p� ✓ /sUp^ v 64!lop d'ase yd //b lass 0, /4b asa oy �/ N Q Cl) (2 Cl) L 0 O M p CD cn N C, O O W O O a O O 0 d O F- O O z 6i m w O LU cl M Z LU Z W w ~ O W Z O O O w w °a O O o O cl O O cl m o a m m O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO O M l� V In In I— O aO O O O aO O aO O (7 O L In I— O aO In O In I— O L O V In V O N I- V LO OO V— N N N V N V O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 O O O O o 0 0 E OOLO OOOO�OO� �00000 O co LS 't (O I � Cl) I— r— M O M LO (7 N O aO O V (7 aO M aO LO 00 m (O N -o N 4 .� LO N I� LO N N N L M n O O O O O o O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O OOOInOOO000OOOOOOOOO ri O LO LO N O O N M OO CO M O O LO O) N O M N OO OO O M I- N O CO V V O_ M_ CO N N_ O V aO V N N CO N LO CO O O O O O O O O O O O O O O O O O O O ° O O O O O O O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O N O C:) O C:) V OOOOOOOOOOOOO N OO O Lf) O co O (O O M N L nO O c° n LO — —� N N N — N N Q V z O O O O O O O O O C C C C C C C C D O O O O o 0 0 0 o CC O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O (O OO CO V O (O O V O N O M O OO O N O OO O V O — LO V O (O LO O) V N O CO O OO N OO CO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O C C C O O I.f) O 6) O OO O OO O O O 6) O O O O M O aO O aO O n o aO n I— N OO (O — CO V V N I� V O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ° o L,) L,) L(i L(i o 0 0 0 0 Lo o Lo Lr) o Lr) Lr) Lr) o LO (O CO N (O O O V O O I— O r— O O O (D r-- LO Q O) m OO H M V OO (O N V V V O N CO M O E N N N (O M U O O O O O O O O O O o O O O O O o O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ooLri00000000LrioLriooLrio 0 O ,1 LO N N O (O LO aO O Lf LO V co (O O 6) O O O LO OO aO O CO V CO O 6) LC , N N OO V N V LO aO CO — 6) N O LO O O O O O O O O O O O O O O O O LO O I- O O O O O O O O O O O O O O O O O aO O LO LO LO O LO O 117 LO O LO O LO O LO O M I� I� (O LO LO N OO V N I� O LO O) r— V M O O N CO O O) r— CO (O (O N O CO N E ) V OO N CO — M V N N N CC`'),� EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA 0 ° i O H O O -O O U N n N U O (6 0O N Q U O m O �U o o + U iL� LL o o Q Y > m o O�� E c DLL I -�(n O c O i Q �� M o Q Cl) Q J J O J ) 0 Q-- .� U U C° �p 0° 0 N Q '� (n O Q Q N U (n O O O O N O O H z o 7 Z U c Q Y a> a> U `� w c W U -- -- i U U N— O_ in N p in in in in in .O N O N N � in in in N C = C C C C C of C of T- w C C C N M M :-,t L(7 (O I� OO 6) O � N M OO N N N N N N N N N MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: July 17, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ADOPTION OF THE VISION 2020 FORUM REPORT ITEM BEFORE COMMISSION City Commission support of the Vision 2020 "Future with History" Forum Report by adopting the document, in concept. BACKGROUND At the Workshop meeting held on July 16, 2013, the Commission reviewed the final Vision 2020 Forum Report and directed staff to place the report on the next regular meeting agenda for recommended action. RECOMMENDATION Staff recommends City Commission support of the Vision 2020 "Future with History" Forum Report by adopting the document, in concept. City of Delray Beach Vision 2020: Future with History Forum Report Event: March 23, 2013 Report Submitted: April 2013 Table of Contents Section Vision 2020 Forum Report Page Introduction............................................... ............................... 1 Forum Purpose Methodology The Work of the Steering Committee .............. ..............................2 Participant Profile ................................. ............................... 3 Framework Goals ................................. ............................... 3 ALook at Today ........................................... ..............................4 Prioritized Results by Framework Goal ............ ..............................5 "Invest in pedestrian and bike pathways... " .............................5 "Protect and enrich our beaches..." ......... ............................... 7 "Provide a safe place..." .......................... ..............................9 "Create economic development vision..." .............................. 10 "Ensure high - quality education..." ......... ............................... 11 "Build vibrant Congress /enhanced West Atlantic..." ................ 13 "Drive future plan, design, development .... ........................... 14 "Balance business and residential diversity..." ....................... 16 Summary Feedback from Attendees ............ ............................... 17 Acknowledgements ................................... ............................... 18 Appendix Steering Committee SWOT Analysis ...... ............................... 20 Vision 2020 Agenda ............................ ............................... 21 City of Delray Beach April 2013 Vision 2020 Snapshot Timeline 2012 October November December 2013 January February March • Steering Committee formed Purpose of forum defined Roles /responsibilities defined and agreed to • Community representation categories identified • Prospective invitee list brainstormed within the categories • SWOT analysis on Delray Beach completed by Steering Committee • Framework goals identified through brainstorming and group prioritization process • Invitations distributed to 160 community members • Agenda and process for Vision 2020 Forum designed /developed • Steering Committee reviews /approves forum agenda • 125 community representatives participate in Vision 2020: Future with History April • Forum report drafted, reviewed, and approved for accuracy City of Delray Beach Vision 2020 Forum Report � Introduction Forum Purpose Building on the past work of visioning forums in 2000, 2005, and 2010, the City of Delray facilitated "Vision 2020: Future with History" in March of 2013 to explore, record, and prioritize the community's desires. Early on, the Steering Committee defined the purpose and format of the forum: "Create the community's `wish list' for the City to implement, and lay out a pathway to achieve the next level of success" with engagement from the full community. The committee wanted to set the framework that would create a vision unique to Delray, integrating the current challenges and opportunities. Methodology The process used to achieve the vision started with a review of what the City had accomplished since the 2005 visioning forum. This was achieved through a pre- reading assignment that prepared forum participants to arrive with an understanding of the City's history. The forum began with small group discussions on the City's current trends, competition, and customer needs. Based on this dialogue, participants were able to focus on the eight framework goals (previously identified by the Steering Committee) and brainstorm objectives to support these goals. Participants were asked to keep one question in mind... In respect to the Framework Goals, imagine Delray in 2020. What would you like to see happen to make that vision a reality? The 125 participants were divided into four groups, with each group working on two primary goals. Through a round -robin activity, groups rotated and generated additional ideas for all of the goals, so everyone contributed to all of the goals. The final step in the process used multi- voting to determine the top priorities, which are presented in this report. "Community visioning is a term to describe community ideals and dreams that get turned into manageable and realistic community goal statements" 1 April 2013 Vision 2020 Forum Report The Work of the Steering Committee Each City Commissioner recommended three people for appointment to the Vision 2020 Steering Committee. The selections were ratified by the City Commission on October 16, 2012. To orient the group to the visioning history, the summary reports from 2000, 2005, and 2010 were provided to the Steering Committee. Additionally, City staff created update reports on the City's actions since the 2000 and 2005 visioning forums for the Steering Committee, the last of which was the pre- reading assignment for all attendees. The Steering Committee participated in seven planning meetings prior to the event. Objectives for each meeting are listed below: November 12, 2012 • Agreement on Vision 2020 purpose and duration /date • Identify key actions for success • Determine roles and responsibilities • Define timeline and action plan November 26, 2012 • Establish committee responsibilities • Create "brand" for Vision 2020 • Identify attendee profile and criteria • Determine invitation process and instrument December 10, 2012 • Decide which invitees committee members will be responsible for contacting January 7, 2013 • Identify key focus areas affecting the future of Delray (SWOT Analysis) January 28, 2013 • Identify Framework Goals based on SWOT February 6, 2013 (Virtual meeting) • Provide updates on RSVPs • Review Framework Goals decided on by committee in Meeting #5 • Preview Vision 2020 agenda March 11, 2013 • Confirm forum agenda process • Define Steering Committee members' forum responsibilities • Brainstorm barriers that may prevent a successful event and suggestions to overcome them The collaborative work of more than a dozen committee members resulted in the forum's structure as well as the participant profile and eight specific Framework Goals listed on the following page. City of Delray Beach 2 April 2013 Participant Profile Identifying who to invite was a critical role of the committee. The recommended parameters were to select those citizens who have a stake in the future of the whole community and are effective spokespersons of their perspectives, but who don't simply serve as advocates for one particular agency. It was important that these stakeholders had minimal political or financial power so their voices are focused on what is best for the City as a whole and not one area or organization. Finally, the forum make up needed to be cross - representative of multiple "community categories ", such as those shown at right. The goal was to invite a group of community members that were... as diverse as possible and focused on ALL of Delray representative of every major interest and perspective Vision 2020 Forum Report Community Categories • Business type (small, medium, large) • Education • Homeowners /Renters • Youth • Non - profit • Merchants • Tourist - driven enterprises • Elected /appointed leadership • Single parent /dual parent households • Institutions (schools, police, etc.) diverse in demographics: age, race, gender, preferences, location, income level, employment, etc. a balance of "old guard" and "new blood" The forum participants represented a balance of the entire community and worked diligently to identify objectives that would bring the framework goals listed below to a reality by 2020. CITY OF PELRAY BEACH kh- Framework Goals for the City of Delray Beach • To invest in a network of pedestrian and bike pathways for recreation and transportation purposes • To protect and enrich our beaches to ensure future sustainability • To provide a safe place to live and work while decreasing crime • To create an economic development vision that is consistent and transparent throughout the City • To ensure high - quality educational opportunities for all ages and diverse needs • To build a vibrant Congress corridor and enhanced West Atlantic passageway • To drive the future plan, design, and development of Delray, consistent with community wants and needs • To balance business and residential diversity while providing a broad range of employment opportunities City of Delray Beach 3 April 2013 A Look at Today Customers Vision 2020 Forum Report To set the stage for effectively envisioning the Delray of 2020, the citizen participants engaged in a discussion around five aspects of Delray as it is right now: customers, competition, what is most valued, trends, and what changes are most desired. Consistent themes emerged from all four subgroups, as summarized below. The customers one would anticipate were quickly identified (i.e., residents, business owners, tourists, parents, children, land owners, and seniors). Once these were recorded, less -often mentioned customer groups and their needs surfaced: immigrants, people in recovery, neighboring cities' residents, young professionals, workforce commuting into Delray, and future residents. Competition Generally, more cost - competitive or higher - quality nearby options were cited. These included residential real estate, office parks /space, and school choices outside of Delray. Cultural and entertainment alternatives were also cited with some examples being: other downtowns /nightlife, museums, arts, sporting events, and area beaches. Safety was discussed in most groups. Less frequently mentioned competitive forces were: incentives for business, ethnic communities, parking convenience, lower tax base, and economic development elsewhere. What you Value Most about Delray Every group cited the small town feel, diversity, and community involvement of Delray. Many of the cultural and recreational alternatives were highlighted as well as an emphasis on preservation and historic architecture. Some groups valued having local shops vs. chain stores and most importantly the police department /safety were repeatedly mentioned as highly valued. Key words shared included: vibrancy, pride, friendly, eclectic, urban lifestyle, family- oriented, and fun. Trends Affecting the City Overwhelmingly, the groups identified economic development, education, technology, density, and tourism as key drivers of Delray's future. Sustainability, innovation, and rehabilitation /recovery businesses and the transient /recovery population were also strongly represented in the discussions. Trends lightly mentioned included natural disasters, "stay- cations ", athletics, and compartmentalization by neighborhood /business district What Changes would you like to see in Delray right now? While a wide range of desires were discussed in the small groups (many of which are included as objectives under specific framework goals on the following pages), when reporting back to the large group, job creation, relevant education, citywide neighborhood improvement, and controlled development were the key areas that were highlighted. City of Delray Beach 4 April 2013 Prioritized Outcomes Within each Framework Goal, all of the recorded objectives /action strategies were prioritized. Mathematical ratings assigned by each participant tallied to arrive at scores for each idea. The top 3 -! for each Framework Goal are highlighted on the fol pages, and the remaining "medium" and "low" prio ideas are presented in "grouped" fashion with relal ideas appearing close to one another - not specifically in descending order of ranking within these two groups. The variation in reporting "top priorities" relates to the scores assigned to each item relative to the complete list of ideas generated. All reporting on the following pages includes all of the ideas generated for each goal. Vision 2020 Forum Report To Invest in a Network of Pedestrian and Bike Pathways for Recreation and Transportation Purposes Five Top -Rated Objectives for this Framework Goal 1. Create and distribute /post maps, signage and smart phone apps to direct users to best paths and multi -modal points throughout City 2. Identify current infrastructure for bikes /walking 3. Revisit the existing bike plan generated by the S.A. F. E. group approximately eight years ago 4. Use City website to publicize resources, laws, etc. relevant to biking and walking 5. Implement "Safety First" initiatives Mid -Level Priority • Plan pedestrian - friendly areas outside of downtown • Partner with bike stores to distribute maps and direct bikers to best areas; Identify and publicize locations of existing bike racks; Include bike paths, bike racks, walking trails, nature preserves, and historic sites on "bike" maps • Develop a bike share or bike rental program throughout the City • Install bus stop covers - that are creative, pretty, artsy ... not just big advertisements) • Create a frequent shuttle service between parking areas and major destinations to create equal status for bikers and pedestrians; Expand shuttle service to include multiple small vehicles to transport bikers from bike park areas City of Delray Beach 5 April 2013 Vision 2020 Forum Report • Enforce biking laws and standardize rules for bikers, including adding more restrictions for biking on A1A • Attain mutual respect between bikers /walkers/ vehicles; Create and install signs similar to "You are entering a bike /pedestrian - friendly area, please be careful "; Install public art into sidewalks (such as quotes) - similar to NW 2nd Ave; Curve sidewalks to create a meandering pace • Remove impediments to walking /biking from sidewalks (meters, cafe tables) • For new construction, set back buildings further to create wider sidewalks • Develop a "greenway" with connecting nodes to centralize biking • Expand these ideas and this framework goal to include golf carts Additional Ideas • Apply sidewalk waivers and standardize widths of sidewalks • Identify and support ways to get people out of their cars, such as: develop a multi- media marketing campaign for biking and walking, i.e., "Ride your bike /walk to work day ". Integrate social media: Instagram, Twitter, videos, and online information • Have a traffic consultant with local knowledge assess the City's bikeability and walkability and develop a comprehensive plan; Identify new locations for bike racks; Install multiple kiosk locations as information hubs for literature, maps, electronic resources etc. (to consolidate efforts to maintain current information) • Make [previously mentioned] greenway area eco- friendly (to create grant funding opportunities) and user friendly (i.e., water fountains) • Pursue and attain the "Bike Friendly USA" designation /award (as Boca Raton has done) • Implement a capital improvement plan for bike paths • Create /provide incentives for employers whose employees bike /walk to work • Designate an area of 441 for dedicated bike use; Make Atlantic east of Swinton (to Federal Highway) a pedestrian /bike only area • Outlaw texting /walking; texting /biking; texting /driving; Reduce speed limits for vehicles; Enforce jaywalking laws and encourage crosswalk use • Provide an "emergency road side service" program for bikers • Cut down on car traffic • Require 10% of total parking requirements for new projects be dedicated to a combination of secured bike parking for residents and public bike parking City of Delray Beach 6 April 2013 Vision 2020 Forum Report To Protect and Enrich our Beaches to Ensure Future Sustainability Mid -Level Prioritv • Replant seagrape /native plants and clean /maintain beach, continuously • Participate in county "Save our Beach" program; Engage the County • Create artificial reefs for preservation • Increase enforcement of no smoking laws • Determine how can the City be known for alternative sustainable beach preservation and include in City brand; Strive for "Blue Wave" clear water recertification as part of the City's branding campaign • Install more bike racks at beach access locations; Increase infrastructure to service increased demand • Transfer responsibility to protect the beach to residents that live on the beach; Increase resident accountability for creating /preserving dunes (i.e., require residences on the beach to place dunes to protect beach and environment) Five Highest Priorities 1. Restrict building on the beach that is too difficult to sustain (i.e., respect the dunes, ensure beach sustainability) 2. Lobby /raise funding for continual beach preservation and sand renourishment 3. Raise awareness and funding for sustainable alternatives to pumping sand 4. Create parking alternatives S. Execute Beach Master Plan; and educate staff on it • Take sea level rise and beach renourishment/ preservation needs into consideration when w approving construction plans • Engage greater citizen involvement with beach -R- cleanup (school involvement; private - - - sponsorships ... strategies that involve no cost to the City) City of Delray Beach 7 April 2013 Vision 2020 Forum Report Additional Ideas - Beach Preservation- related • Increase enforcement of sea turtle protection laws • Educate community on how and why the beach is an important economic driver for the City; Create awareness programs for schools; Increase use of Pavilion to include education about sustainability of the beach • Enlist kids to cleanup beach for community service hours • Provide durability training for beach • Redefine "beach" (not just sand) to include the entire ecology of the shoreline • Improve storm water management techniques • Extend hours and enforcement of charged parking on A1A until midnight and allocate increased revenue (approx. $6 /meter /day) specifically to beach projects; Generate revenue for beach preservation through beach fishing permits and guidelines • Identify ways to incentivize property owners with deteriorated structures to leave the beach and discourage new construction on the beach; Institute a public program to incentivize density decrease or abandonment of existing building /structures Additional Ideas - Beach Access/ Enhance Use - related • Improve pedestrian and bike access to beaches across bridges • Implement City- initiated program to teach toddlers to swim • Maintain the quality of beachfront businesses • Increase lifeguard staffing and expand job description to include promoting a healthy/ sustainable beach • Enhance beach access to the entire community through infrastructure and special events (i.e., transport kids from neighborhoods, greater disabled access, broader racial /cultural participation, partnering with existing non - profits like Race the Ocean, create contests) • Develop public art infrastructure that is unique to Delray (i.e., benches, etc.); Emphasize eco -art • Reconstruct beach pavilion • Allow bonfires on beach to enhance beach -going activities /experience • Make ocean more visible from road (by lowering vegetation, etc.) City of Delray Beach 8 April 2013 Vision 2020 Forum Report To Provide a Safe Place to Live and Work while Decreasing Crimf Five Highest Priorities 1. Bring back community policing and neighborhood watches including block captains. These should mirror the community they enforce. 2. Monitor and regulate transient housing. Identify strategies to support those dropping out of the system. 3. Increase police staff. 4. Create lighting programs for residential neighborhoods, businesses, and garages: "Light Up Delray" campaign. S. Use technology to create awareness and involvement which allows for two -way immediate communication of what crime is happening. In addition, reporting needs to have a truly anonymous number to call or text to ensure police and code enforcement confidentiality. (Current example of awareness program... "Lockyour doors, keep what'syours ") Mid -Level Priority • Educate youth to deter crime and gang involvement; Work with Youth Council, pursue grant money, and look into the Primary Prevention Model (CDC) • Implement better code enforcement for vacant properties • Streamline community improvement processes to minimize time for results to occur (alleys, street lighting, sidewalks) • Strengthen education communitywide and align it with business needs • Analyze root causes of crime Additional Ideas • Increase police visibility downtown "entertainment areas" • Evaluate current youth programs; educate and promote what is available; let schools know what the City offers; create more affordable and quality youth recreation programs • Create more job opportunities for youth • Control pain clinics /pill mills • Provide quality and affordable housing that creates a safer environment • Employ more Creole- speaking police officers and /or provide cultural - sensitivity training • Invest in offender integration program (i.e., GED /mentoring); consider police mentoring as an intervention for first -time offender • Install mirrors in parking garages City of Delray Beach 9 April 2013 Vision 2020 Forum Report To Create an Economic Development Vision that is Consistent and Transparent throughout the City Mid -Level Priority • Host diverse programming events and attract diverse businesses; Create West Three Highest Priorities Delray culture and archive destinations/ hot spots (add trolley tours) 1. Broaden marketing beyond • Develop professional opportunities; Take Atlantic Avenue the focus off of only tourism; Set up business incubators and open offices 2. Have a Develop Innovation • Capitalize on arts and culture (with Corridor (DIC) focus; promote incentives); Capitalize on sports (use the solar energy; and create /update existing facilities) branding in keeping with these • Develop what Delray "is" and play upon changes what we have (build workshops and forums) 3. Continue economic incentives • Develop higher education opportunities (other than universities) • Target people- focused economic development opportunities • Keep dollars and local currency in Delray • Keep our "best" and brightest here • Build a multipurpose structure (for conventions and entertainment); Repurpose existing structures • Invest in a high -speed Internet backbone to be available to businesses • Use the library • Generate an entrepreneurial ecosystem (connect, barter, information network) Additional Ideas • Go green! • Promote plans and make them available to all • Educate students on "Go Green" now • Generate heritage tourism City of Delray Beach 10 April 2013 Vision 2020 Forum Report To Ensure High - quality Educational Opportunities for all Ages and Diverse Needs Mid -Level Priority • All students graduate high school with skills to support graduating post- secondary education • Promote business /school partnerships and create City /school partnerships to develop life skills students need through internships, etc. • Develop mentoring programs for during summer and holiday school breaks • Develop /promote financial literacy programs to prepare young people to work at 18 • Develop magnet /special education programs at all levels (i.e., police, Five Highest Priorities 1. Focus on reading skills in grade levels K -3 2. Generate early parental engagement 3. Strengthen parent's involvement 4. Ensure all schools have technology S. Include education in summer programs construction, career academy) , • Explore teaching techniques that will help students develop common life skills; Improve learning opportunities for special needs students • Include arts and culture in schools • Place greater emphasis and focus on improving middle schools • Offer more adult education and improve family literacy by offering educational programs • Generate media and PR campaigns focused on what is right in Delray • Attract (locate) higher education institutions (colleges) in Delray • Make vocational training (technical and careers not requiring secondary -level education) an option for students • Ensure programs are in place that hold teachers accountable as well as programs to demonstrate appreciation for teachers • Create experience and inspired education opportunities • Teach students self - discipline (a study showed students whom were taught self - discipline with long- term goals were more successful) City of Delray Beach 11 April 2013 Vision 2020 Forum Report Additional Ideas • Expand, market, and generate PR about the Youth Academy • Create a City of inspiration education excellence • Increase family retention (explore why families may be moving out of Delray only to relocate to cities with better schools) • These objectives require that change starts at the top - where people can change policy; also more funding needs to be allocated to schools • Capitalize on the "Principal Connection" (share all of this information with principals so they understand the Vision and to get them involved) • Use research and data (such as crime statistics and education level) to understand and communicate the impact that not having quality education has on crime • Provide pregnancy education programs targeted separately to males and to females • Funds allocated to schools should be fairly distributed - i.e., the football team gets new uniforms /equipment every year when other clubs /school activities are lacking resources • Create 12 -month education programming • Bring Junior Achievement into Delray schools, and volunteer programs (to support learning) • Challenge ourselves by asking "what are we doing that is above and beyond ?" • Involve churches in partnerships with schools and parents to improve the value of education and create successful students • Licensed real estate professionals need educating City of Delray Beach 12 April 2013 Vision 2020 Forum Report To Build a Vibrant Congress Corridor and Enhanced West Atlantic Passageway Mid -Level Priority • Use City incentives to target and promote specific businesses (i.e., green energy) in these corridors • Engage property owners in discussions on what they want to see happen in these two areas • Design and build themed districts (i.e., design, innovation, home improvement, urban, agriculture districts); Ensure unified element throughout varied district themes • Create entrepreneurship programs at schools (long -term initiative to encourage youth to build and stay in Delray) • Enhance public transportation from Congress to downtown (as well as up and down Congress) • Review current West Atlantic redevelopment plan • Promote, communicate, and educate the public on current initiatives regarding these areas • Create government partnership with lending agencies to provide business incentives Additional Ideas • Install entryway signage at all major City entrances • Collaborate with County on these two areas • Partner /collaborate with Alta Vista • Extend public art to these areas Three Highest Priorities 1. Develop a central marketplace with ancillary supporting services including mixed use businesses, and recreational opportunities /events, that are connected via a walkable community... this will become the Congress /Atlantic anchor. 2. Implement an "Adopt -a- Median" program with training on landscaping for local employees to maintain these areas. a. Extend beautification /curb appeal programs and use consistent streetscape b. Design a greenway on Congress 3. Asses both areas and create an economic development plan supported by staff and board (extend CRA or separate funding /taxing district) City of Delray Beach 13 April 2013 Vision 2020 Forum Report To Drive the Future Plan, Design, and Development of Delray, Consistent with Community Wants and Needs Five Highest Priorities 1. Review and update existing plans, and create short- and long -term goals from them 2. Develop plans for areas of the City that do not have them 3. Market and publicize when /where there is positive implementation of the Master Plan to show signs that the plan is in action 4. Review /revise the Master Plan every seven years (consistent with the Comprehensive Plan), and ensure changes are data - driven (vs. emotionally- motivated) S. Draw on social media to gather community input Mid -Level Priority • Ensure a transparent process that allows individuals to participate at their desired levels and to be engaged throughout the process ... not just at "pressure points "; Communicate to all aspects of the City (utilize churches, utility bills, etc.); Create a forum through town hall meetings to assess what current residents want to see more of • Locate additional areas for parking; Communicate where parking currently exists; Coordinate scheduling of events to minimize parking crunch; Designate "employee parking" areas to maintain customer parking access • Enforce existing cafe ordinance setbacks; Revisit the cafe ordinances to consider changing setbacks; Revisit valet parking regulations • Design is more important than density; don't compromise design to get to density • Review /update LDRs (land development regulations); Implement a corridor planning process (for getting in /out of Delray) in addition to neighborhood plans; Revisit West Atlantic Development Plan to address resident's needs City of Delray Beach 14 April 2013 Vision 2020 Forum Report • Incentivize /encourage green development • Modify variance process to require community input and connect the process to the Master Plan (vs. elected official input only and "NIMBY" input); to include distinguishing between true hardship and self- imposed hardship • Determine current funding commitments to existing facilities (which are aging) as well as considering where people will park when using these facilities • Apply conditional use in areas of the City needing resurgence; Be selective (as a City) in the development choices made vs. working to attract development since downtown Delray is already seen as a desirable location to be; Recognize also that other areas of the City do require attracting development • Create diverse clusterings of businesses in areas outside of downtown Additional Ideas • Provide training for City staff on Master Plans • Designate motorcycle parking spaces; Do away with "in lieu of" parking; Designate resident parking and /or develop resident - friendly parking programs • Challenge whether "Village by the Sea" applies to Delray in 2020 • Mixed -use walkable communities citywide • Disallow development of more than one block and a time in downtown by a single developer City of Delray Beach 15 April 2013 Vision 2020 Forum Report To Balance Business and Residential Diversity while Providing a Broad Range of Employment Opportunities Two of the highest - priority objectives in support of this framework goal were two other framework goals: development of Congress and West Atlantic Avenue, and walkability of Delray. Since these are reported on previously, it is noted that these two framework goals are critically supportive of this one ... but they are not listed as priorities here (allowing additional objectives to be highlighted instead). Mid -Level Priority • Generate job creation through vocational training • Develop space for creative /co- operative /executive office space via a business incubator; Expand the current incubator model • Focus on prioritizing neighborhood commercial uses for West Atlantic (grocery store, pharmacies, bank, theatre, medical center, etc.) • Anticipate future jobs in Delray and prepare students to fulfill those jobs (citywide - across all schools); Encourage public private partnerships to prepare students for the employment "pipeline" • Foster and promote private public partnerships for businesses that result in job creation • Encourage Delray employers to create job mentoring programs for students and others and hire from within the community • Plan to attract "green business" development (in a manner that is consistent /compliant with state requirements for green businesses) • Look to Lincoln Road, in Miami, as a model for pedestrian -only area • Create economic incentives to generate manufacturing job growth Additional Ideas Four Highest Priorities 1. Promote mixed use type commercial space 2. Create /invest in alternative transportation solutions (i.e., light commuter rail on FEC, dedicated bike lanes, etc.) 3. Explore regulatory options for mitigating /balancing transient housing stock 4. Protect older and historic neighborhoods adjacent to downtown (identify new/ innovative solutions to parking /traffic) • Focus on government /local partnerships for access to capital • Focus on new urbanism, walkability, and density; Reduce speed limits • Provide employee parking for new businesses • Establish an online database to publicize new job opportunities • Create a business "think tank" (i.e., incubator) • Create an economic development program for Delray home -based businesses • Curb overdevelopment of rental /residential over commercial • Existing LDR is too restrictive on parking; no allowance for alternative transportation City of Delray Beach 16 April 2013 Vision 2020 Forum Report Summary Feedback from Participants "What word best describes your reaction to today's event ?" • Needed • Engaging • Informative • Motivational • Collaborative • Worthwhile • Pride • Positive • Hopeful • Energetic • Interesting • Excellent "The best part of the visioning experience was..." ...the engagement of the community ...listening ...diversity of the group ... interaction: ... of ideas, ...with the group, ...with City stakeholders ...brainstorming ...being able to weigh in on so many important issues for the well being of our people and town ...hearing different viewpoints ...moved quickly and covered important topics ...seeing common priorities emerge from different groups and perspectives ...being in a forum where you can compare thoughts with peers ...participating ...very well organized and moderated — kept to task and avoided potential pitfalls of "agendas" ... meeting: ... neighbors, ...new leaders, ...new people, ...other residents, ...new residents ...sharing ideas Summary of Perspectives on the Visioning Event: • 88% of attendees indicated "I believe my input will make a difference in Delray's future." The remaining 12% were evenly divided between uncertain and disagreeing with the statement. • 84% indicated "I am excited about the results." 10% noted it was too soon to know/ uncertain, and only 6% indicated they were not. • 90% of attendees indicated "I am motivated to be an active participant in implementing the next steps." 6% were not and 4% did not specify. Recommendations for Future Visioning Events • Request for framework goals to be shared prior to event • Logistics: acoustics, temperature • Duration (equally divided between more time desired and shorter schedule preferred) Additional Comments Related to Next Steps • Publicize this process and results • Repeat process in two years • Follow -up with same people quarterly / Have an evaluative update in two years • I have been to strategic planning meetings like this that had no outcome — I am walking away knowing our ideas were recorded and prioritized! City of Delray Beach 17 April 2013 Acknowledgements Vision Steering Committee Members • Tom Carney, Committee Chair • Jay Alperin • Ryan Boylston • Reggie Cox • Evelyn Dobson • Vincent Dole • Alice Finst • Connor Lynch • Alberta McCarthy • Jeff Perlman • Derline Pierre -Louis • Scott Porten • Albert Richwagen • Craig Spodak • Margie Walden Citv of Delrav Beach Staff • Lula Butler, Staff Liaison • Donna Quinlan, Support Staff • Nigel Roberts, Support Staff Vision 2020: Future with History Attendees: Vision 2020 Forum Report Diane E. Alperin Sandra Caruso Diane Franco Jay Alperin Cory Cassidy Kelli Freeman Jennifer Aracri Georgianna Cerola Wanda Gadson Cathy Balestriere Casey Cleveland Ron Gallinsky Bill Bathurst Margo Cohen Joe Gillie Ian Bathurst Diane Colonna Cary Glickstein Marcia Beam Danielle Connor Jeffrey Goldman Jestena Boughton Reginald Cox Benita Goldstein Frances Bourque Evelyn Dobson Karen Granger Jason Bregman Vincent Dole Angeleta Gray Mark Bryan Paul Dorling Michael Greene Elizabeth Burrows Deborah Dowd Linda Gunn John Butler Dorothy Ellington Tim Hernandez Lula Butler Lynn Ferguson Patrick Hidalgo Vincent Cacace Alice Finst Vicki Hill Tom Carney Gene D. Fisher Stephanie Immelman Morris Carstarphen Gerry Franciosa Leslie Jarow City of Delray Beach 18 April 2013 Charlene F. Jones Julia Kadel Debbie Kaiser Linda Karch Andy Katz Jim Knight Alan Kornblau Sharon Koskoff Jan Kucera Kurt Lehmann George Linley Connor Lynch Tom Lynch Brian Lynott Fran Marincola Bob Marks Alberta McCarthy Tom McMurrain Janet Meeks Francesca Mellows William E. Morris Christina Morrison Bill Nix Vincent Nolan Pam O'Brien Additional Contributors Shirley O'Neal- McKennon Sharon Painter Joycelyn Patrick JoAnne Peart Francisco Perez -Azua Derline Pierre -Louis Cheryl Pompey Howard Scott Porten Elisha Porter Rich Reade Chuck Ridley Nigel Roberts Candace Rojas Kevin Rouse Loren Rubentstein Eric Schifferli David Schmidt Stephanie Seibel R. Brian Shutt Thuy Shutt Yalmaz Siddiqui Laura L. Simon Doug Smith Robin Smith Joe Snider Vision 2020 Forum Report Samuel Spear, Jr. Terra Spero Craig Spodak Mary Stacey Perry Stokes Deb Sullivan Shirley Talbert Drew M. Tucker Margie Walden Jimmy Weatherspoon Michael S. Weiner Stacey Winick Ann Wright Talbert Shirley Alyona Aleksandra Ushe Joseph Bernadel Annette Gray A1Jacquet Evens Jules Carolyn Patton Guarn Sims Jeffrey Perlman Jayne King Seabron Smith • Rich Reade, City of Delray Beach Public Information Officer; in appreciation for photo - documenting Vision 2020 • Marriott Delray Beach; in appreciation for waiving parking fees for forum attendees City of Delray Beach 19 April 2013 Vision 2020 Forum Report Appendix Steering Committee SWOT Analysis (Completed January 7, 2013) Strengths — Vibrant downtown — Community involvement — Walkable downtown — Diverse population — Pride in City — Development plans — Current trend of growth — History — Large number of functioning neighborhood associations — Geography— beach — Growing arts community — Parks /sports facilities — Small — Communication vehicles — Visioning process Opportunities — Tri -rail and feeder system — Directions on how to get to Delray via public transportation — Retail — Branding of City not fully capitalized — Full use of public facilities (currently under- utilized) — Congress /Linton /W. Atlantic development and N/S Federal — Transportation — County /state -level FEC rail use — Private sponsorship of public parks /art — Atmosphere conducive to creative and entrepreneurial business — Creating entryway on Linton in addition to Atlantic — Regional coalition building re: development (PBC League of Cities); policies, procedures, best practices — Expand arts and culture — wider audience Weaknesses — Business to residential ratio (business too low) — Contiguous land assemblage in West Atlantic corridor and surrounding area — Congestion (pedestrian and auto) downtown — Poor community /City Hall relationship — Growth and good quality jobs — Dependence on visitors — Occasional racial /territorial tension (vs. overall civic pride) — Expansion of sports facilities (too small) — Lack of quality office space — Short - sighted /lack of confidence /risk averse (i.e., golf /tennis facilities still too small) — Bad downtown tenant mix (restaurant too high, retail too low) — Perceived lack of parking /poor signage to parking — Use of communication tools Th reats — Competition — other cities — Beach erosion — Citizen apathy — Crime — Too many partiers downtown — Lack of media attention (not enough news vs. lifestyle) — Reputation as a rehab community — Lack of planning for future development (what is being financed vs. what we want) — High real estate taxes — Lack of attention to design /impact on history /preservation of districts (losing character) City of Delray Beach 20 April 2013 Vision 2020 Agenda Vision 2020: Future with History Timeframe /Location: Vision 2020 Forum Report • March 23, 2013; 8:30 to 4:00 • Marriott Delray Beach; 10 North Ocean Boulevard, Delray Beach, Florida 33483 Agenda Welcome Review 2005 Vision Results Vision 2020 Program Overview A Look at Today — Assess Today's Climate A Look Ahead — Framework Goals /Objectives and Action Strategies — Lunch --- A Look Ahead "Field Trips" Prioritization Process Next Steps ... Moving Forward Close and Thank you ` r I . I�� City of Delray Beach 21 April 2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 19, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JULY 25, 2013 AGREEMENT FOR PROFESSIONAL LOBBYING SERVICES/ BALLARD PARTNERS ITEM BEFORE COMMISSION The attached Standard Form of Agreement between the City of Delray Beach and Ballard Partners for State Professional Lobbying Services is before the Commission for consideration. BACKGROUND At the July 16, 2013 regular meeting, the City Commission selected Ballard Partners to provide state professional lobbying services to the City with regard to the issue of Sober Houses for an annual fee of Fifteen Thousand Dollar ($15,000.00) with costs not to exceed Two Hundred Fifty Dollars ($250.00). The term of the agreement shall be for one (1) year from the date of execution. RECOMMENDATION The City Attorney's office recommends approval. STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BALLARD PARTNERS FOR STATE PROFESSIONAL LOBBYING SERVICES THIS AGREEMENT made this day of , 20137 by and between the CITY OF DELRAY BEACH, FLORIDA (hereinafter called CITY), and BALLARD PARTNERS (hereinafter called CONTRACTOR). WITNESSETH: WHEREAS, the CITY prepared a Request for Proposal (RFP #2013 -52) for Professional State Lobbying Services; and WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected by the CITY as the best and most qualified applicant; and WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory terms for the execution of this Project. NOW, THEREFORE, in consideration of the promises set forth in the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties further hereto agree as follows: 1. CONTRACTOR agrees to provide state lobbying services by representing the CITY'S interests with regard to the issue of "Sober Houses" before the Department of Children and Families ( "DCF ") and /or applicable State Agency and the Florida House of Representatives and Florida Senate and to keep the CITY informed as to the status of all work performed on the CITY'S behalf via oral or written communication to be provided to the CITY at least one (1) time per month. 2. The Contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCUMENTS Standard Form of Agreement Corporate Acknowledgment Certificate (If Corporation) Schedule of Pricing PAGE NUMBERS 1 4 5 6 3. The term of this contract shall commence upon execution by both parties and extend until one (1) year from the date of the execution of the contract. The parties may agree to renew the contract, at the same terms, conditions and price(s) for up to three (3) consecutive terms of one (1) year. Any such renewal must be approved by the City Commission. 4. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 5. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida Attn: Finance Department 100 N.W. 1St Avenue Delray Beach, Florida 33444 As to Contractor: Ballard Partners Attn: Brian D. Ballard 403 East Park Avenue Tallahassee, FL 32301 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 7. The CITY and the CONTRACTOR each binds himself /herself, his /her partners, successors, assigns and legal representatives to other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The CONTRACTOR for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's, agents and employees from or on account of any claims, damages, received or sustained by any person or persons resulting from CONTRACTOR'S work; or by or in consequence of negligence in connection with the same, or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. The indemnification provided above shall obligate the CONTRACTOR to defend at their own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the 2 operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 9. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 10. This Agreement may be terminated by cause by either party upon seven (7) days advanced written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of services on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the option of the CITY. In the event of termination or suspension, the CITY shall pay CONTRACTOR for all services performed through the date of notice of termination or suspension. CONTRACTOR shall provide CITY with a complete file of all accounts notified, up to the termination date, which remains unpaid. 11. The CONTRACTOR shall notify the particular contact person for the CITY as determined by the CITY and based upon the information required. 12. CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. in accordance with state law, CONTRACTOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CONTRACTOR at the termination of the CONTRACTOR and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that 3 is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 13. The contract documents constitutes the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended, or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney 12 CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor WITNESS: (Print or type name and title) STATE OF FLORIDA COUNTY OF BALLARD PARTNERS Brian D. Ballard, President CORPORATE ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of , 20137 by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He /She is (personally known to me) (or has produced identification) and has used his /her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped 5 CERTIFICATE (IF CORPORATION) STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 2013, the following resolution was duly passed and adopted: "RESOLVED ", that , as President of the corporation, he /she is hereby authorized to execute the Agreement dated , 2013, between the City of Delray Beach, Florida and this corporation, and that his /her execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 2013. (Secretary) D SCHEDULE OF PRICING Professional State Lobbying Services Price shall be Fifteen Thousand Dollars ($15,000.00) for the year payable as follows: One Thousand Two Hundred Fifty Dollars ($1,250.00) to be paid to CONTRACTOR within seven (7) days of execution of this Agreement and One Thousand Two Hundred Fifty Dollars ($1,250.00) to be paid to CONTRACTOR monthly by the fifteenth of every month for twelve (12) months from the date of execution. Costs and expenses up to Two Hundred Fifty Dollars ($250.00) shall be reimbursed to CONTRACTOR within thirty (30) days of submission of any invoice for same. Any costs in excess of Two Hundred Fifty Dollars ($250.00) shall require prior approval by the City Commission. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager Shirley McKennon, Interim Human Resources Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 15, 2013 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JULY 25, 2013 CONTRACT AGREEMENT WITH AMI RISK CONSULTANTS, LLC., FOR INSURANCE ACTUARIAL CONSULTING ITEM BEFORE COMMISSION The Selection Committee is requesting consideration of approval to enter into a contract agreement with AMI Risk Consultants, LLC for insurance actuarial consulting. Services will be provided for the period of October 1, 2013 through September 30, 2016 at a fixed annual fee not to exceed $2,400, with an additional $500 for travel expenses. BACKGROUND The current contract for actuarial consulting expired on December 31, 2012. Request for proposals were submitted by three (3) vendors, AMI Risk Consultants, Glickman Consulting and HB Actuarial Services, Inc., for RFP Specification #2013 -40 on June 26, 2013. Applicants were asked to present in their proposal cost of services, servicing protocol, references, and experience servicing municipalities (specifically cities that are similar in size to Delray Beach). The Selection Committee was comprised of the City's Risk Manager, Interim Human Resources Director and the Finance Director. The RFP evaluation criteria were weighted based on annual cost, servicing, references /experience and presentation. Cost and service was given the most significant weight values. The Selection Committee met on July 9th and July 15, 2013 to discuss the proposals and ultimately decided to rank the firms as follows: 1. AMI Risk Consultants. 2. Glickman Consulting, 3. HB Actuarial Services, Inc. FUNDING SOURCE Account Code: #551- 1575 -591 -31.90 Other Professional Services. RECOMMENDATION Consider approval of the Selection Committee's ranking of responses for the RFP #2013 -40; and authorize staff to enter into a contract agreement with AMI Risk Consultants, LLC for insurance actuarial consulting. RFP No. 2013 -40: Property & Casualty Insurance Consulting Actuarial Firms Raters' Score By Points Total Score Overall Rank Babin Boyd McKennon AMI Risk Consultants, Inc. 445 460 475 - - - - 1380 1 Glickman Consulting, LLC 445 485 355 - - - 1285 2 HB Actuarial Services 340 260 205 - _ 805 3 h ( 2 k § ! § m § \ [ \ £ — \ \ � _ ? - _ - �&!a /J ° ■ ;� !} k �§�f §i« — } tj\ //� )6;£7!37 / » / \9 & f ; }( f — _ ,\ EL 7 \ > } % Cost Proposal Professional Fees for Minimum Required Services o perforin the actuarial services described in this proposal, AMI will bill the City with $2,400 total fixed annual fee (not to ex- ceed cost) plus travel expenses, if required. Our Objective is to render prompt and responsive service at a reasonable price. We make every effort to keep fees at a minimum through careful planning, con- trol of time, and coordination of efforts. optional Services Fees MI's fee schedule for optional services is as follows: • Additional copies of final report: free of charge • On -site executive summary presentation: $500 Hourly rate schedule (no minimum :number of hours) for consulting services is as follows: Our rates are inclusive of administrative, clerical, reproduction, filing and delivery charges. However, these rates do not include airfare, lodging, meals, and taxi fares as may be relevant to certain work assignments. AM Risk Consultants, Inc. Page 27 Hourly Rate Project Manager B. Ingco, FCAS $180.00 Consulting Actuary Gail Flannery, FCAS $180.00 Consulting Actuary Cris Dorado, ACAS $ 120.00 Actuarial Assistants $ 80.00 Clerical Staff $ 40.00 Our rates are inclusive of administrative, clerical, reproduction, filing and delivery charges. However, these rates do not include airfare, lodging, meals, and taxi fares as may be relevant to certain work assignments. AM Risk Consultants, Inc. Page 27 COMPENSATION We propose a fixed fee of $3,500 for the duration of the contract (up to six years). The fixed fee includes expenses for copying, postage and telephone. There are no extra fees associated with the transition. One onsite presentation per year (plus an additional project kick -off meeting in the first year) is anticipated_ We will provide as many hours as necessary to complete the work and explain the report. GLICKSMAN CONSULTING, LLC 9 HB Actuarial Services, Inc. 10 Northeast 6`h Street, Suite 200 Delray Beach, FL 33444 561.279.2323 • Fax: 561.245.9254 Hburrus ohbactuarial. com Complex Calculations Made Easy to Understand wwRT.hbactuarial.com HB Actuarial will process all loss and exposure data provided through our analytic software tools. These tools allow us to segregate loss detail by significant components routinely. One benefit that the City enjoys from this process is that we report on noteworthy claim behavior that might not otherwise be detected in an actuarial review. One noteworthy observation on the City's claims we have made in the past include a city employee with seven workers' compensation claims; another is the progress of a multi- million dollar claim against the city that is still resulting in $50,000 annual claim payments. Our actuarial reserve review will use several standard actuarial techniques to arrive at an overall reserve liability estimate. Once we arrive at that estimate, we use our knowledge of the City's historic claim payment pattern to arrive at other budget estimates the City requires. These estimates include: 1. Estimate of outstanding self insured loss reserves including IBNR. 2. Estimate of self insured new claims for next three years (2013, 2014, 2015). 3. Estimate of self insured short-term liabilities for next three years (2013, 2014, 2015), 4. Estimate of self insured long -term liabilities for next three years (2013, 2014, 2015). 5. Comparison of last year's estimate of new claims for 2013 to actual new claims; explanation of differences. 6. Comparison of last year's estimate of short-term liabilities to be paid in 2013 to actual short-term liabilities paid in 2013; explanation of differences. 7. Comparison of last year's estimate of long -term liabilities outstanding in 2013 to actual long -term liabilities outstanding in 2013; explanation of differences. We will summarize these estimates in our proprietary executive summary format customized for the City. Before finalizing our report, we will provide a first draft report to you with ample time for you to review the report, and discuss any concerns related to the report with us. Once you are ready, we schedule an on- site presentation of our draft review and results. This presentation allows you to understand our thought process and verify we have used the information you have provided correctly. Only after we have considered any additional information you have provided will we create a final actuarial report. Subsequent to the final actuarial report, we will meet with your auditors as necessary to discuss and explain our results. In addition, we are able to meet with the City periodically throughout the year whenever you feel our input will be valuable. Cost Over the past 12 years we have developed many efficiencies in preparing the detailed actuarial review that you require. As a result, we are able to lower the cost of the actuarial review to $12,000 per year. The cost is a flat -fee all inclusive cost. There are no "extras" to add on. Specifically, the annual cost includes: • Preparation of the actuarial review • Further customization of the executive summary prepared exclusively for the City • On -site presentation of the DRAFT report • Update of the DRAFT report to reflect additional information gathered during on -site presentation • Discussion and auditor support • Additional on -site meetings as requested MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager Shirley McKennon, Interim Human Resources Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 15, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JULY 25, 2013 CONTRACT AGREEMENT WITH ASCENSION /EMI FOR INSURANCE BROKER/AGENT SERVICES ITEM BEFORE COMMISSION The Selection Committee is requesting consideration of approval to enter into a contract agreement with Ascension/Employers Mutual, Inc. for insurance broker /agent services. Services will be provided for the period of October 1, 2013 through September 30, 2016 at a fixed annual fee of $37,500.00. BACKGROUND The current contract for broker /agent services expires on September 30, 2013. Request for proposals were submitted by five (5) vendors (Cecil W. Powell & Co., Ascension/Employers Mutual, Inc., Arthur J. Gallagher Risk Management Services, Inc., Gehring Group, Brown & Brown/ Public Risk Insurance Agency, Plastridge Insurance, Wells Fargo Insurance) for RFP Specification #2013 -41 on June 21, 2013. Applicants were asked to present in their proposal cost of services, servicing protocol, references, and experience servicing municipalities (specifically cities that are similar in size to Delray Beach). The Selection Committee was comprised of the City's Risk Manager, Interim Human Resources Director, and the Finance Director. The RFP evaluation criteria were weighted based on annual cost, servicing, references /experience and presentation. Cost and service was given the most significant weight values. The Selection Committee met on July 9, and July 15, 2013 to discuss the proposals and ultimately decided to rank the firms as follows: 1. Ascension/EMI; 2. B &B /PRIA; 3. Wells Fargo; 4. AJG; 5. Gehring; 6. Plastridge Agency; 7. Cecil W. Powell. FUNDING SOURCE 551- 1575 -591- 45.20, Claims Handling Costs RECOMMENDATION Consider approval of the Selection Committee's ranking of responses for the RFP #2013 -41 and authorize staff to enter into a contract agreement with Ascension/Employers Mutual Inc. for the City's broker /agent. Y w l7 a s Y C W ca a m m G 6 z G m r H u d a i _ o N V' Z Z `o 0 L � U 2 v O C' Ci d Q al 0 c, a n o rq � ti rte- n n m N cv c M a a n m rnn m w Z m Q w 6 m rs o m h v Ell x m o -SEE W Q m C U YO 3 ®r Q mpo cm yam 94 -S rj� RQE m O _ a Coq �O O ® ALLr°s©�.hw3 c°ia`�8� =�� n �r 5- z m LIZ z U J OC m uw 2 [7 z 0 0 0 3 ° ° U I z Q z Z W W } J Ui < a W Q w m W o_ c� m IL No LL m n e LLf N ,� M m it 40 L9 Q T J Q m E c F U ? 2 +'� Z F 4 W W < z 2 a O Y aa d m 4 W } uj k�l X g w m j � } } z 2 O q (9 O m a; a tl z a 0 ¢ 4 tC k Q M. W F p ff N 0 O F Er Q m z LU C9 z k. N 8 r n ry n C3 m _Z w ui U ? Q U' > ty z _ m Z LU } } to m a c i vU� F Z a z w z w ¢ u a m a ¢ LLI D Q w m} UJ z z es Q � E w Ir a z ? 3: 2 `2 O R w O (A LLI } 6 11 _ R' M Q cc Cn L5 g w J o coo LU U W O 0. w � Q � � � / / 2 IL LL w / ) } J > e m 0 LO § ) \ \ § \ \ \ k a. £ § $ In § (G G B B m G§ , / k § i i ' m $ $ $ § i / ? ' ¢ ) E ( cc \ < £ � � § � � § E — — L % e J 2 OL $ ® E ¥ & 7 & o CL ° § ccon w \ � U) - — / -3 / o / ) . o % E — — n f k 7 \ \ ƒ < m \ / ) } J RFP 0201341 ...CITY OF DEL RAY BEACH . 8. Currently, the incumbent BROKER is paid on a commission basis and the incumbent BROKER will identify the amount and sources of such commissions. Prospective BROKERS will detail their preferred method of compensation, either commission or fee basis, and explain their reasoning. Any fee based submission will require a notarized statement executed by BROKER that such fees are net of any premium, e.g., premium excludes any commission, for all contract years. COST PROPOSAL — COMPENSATION We commend your efforts in approaching the selection of your broker, exclusive of the insurance buying decision. The broker selection approach allows you to assess the best representative for you, not only for marketing your account, but also for other value added services such as risk management analysis, claims advocacy, knowledge, and expertise. We understand that your role as a public steward mandates-that you seek out the best value when seeking a broker and that is often defined by price. When evaluating a broker's cost proposal it is important to understand that there are six basic components to your Total Cost of Risk (TCOR). As the chart below shows, broker compensation typically represents one of the smallest items in the entities overall TCOR: State Assessments 2% Third Party Administrate 1% Total Cost of Risk Rrnkaraaa Actuarial KAPUBLPROP\Delray BeacW2013\Delray Beach RFQ WIP 6- 20.docx In compliance with the City of Delray Beach Request for Proposal for Property & Casualty Insurance Service Broker /Agent and to all of the terms and conditions contained therein, the undersigned agrees to provide all services as specified and in accordance with the RFP. The attached proposal submitted by Ascension Benefits and Insurance Solutions of Florida is in accordance with the City of Delray Beach RFP No. 2013 -41 INSURANCE BROKER SERVICES FEE SCHEDULE Ascension will provide all services listed within this proposal in regard to Brokerage Consulting Services for Property and Casualty and Risk Management Services for the following flat annual fee: Year 1 $37,500.00 Year 2 $37,500.00 Year 3 $37,500.00 Optional fourth and fifth year: Year 4 $39,000,00 Year 5 $40000.00 Annual Broker Service fees may be paid in quarterly or monthly installments. Ascension is a fee based company and does not accept commissions. In addition we do not employ any commissioned property and casualty employees /agents. Some insurance carriers and programs will not write net quotes. As a result of this, any commissions received for placement of insurance will be credited back against the annual Broker Fee. Value added service: for the above listed fee, Ascension will also provide 5 days (40 hours) of loss control /safety services. This will be provided on an annual basis for the entire term of our contract with the City of Delray Beach. /AL ASCENSION I3er�rjiis�Irrsi�r.�rice Solutions 8. Currently, the incumbent BROKER is paid on a commission basis and the incumbent BROKER will identify the amount and source of such commissions. Prospective BROKERS will detail their preferred method of compensation, either commission or fee basis, and explain their reasoning. Any fee based submission will require a notarized statement executed by BROKER that such fees are net of any premium, e.g. premium excludes any commission, for all contract years. Since your current arrangement is similar to a broker fee we will offer a fee basis for our contract which is approximately 50% of what the normal commission amount would be. Your current agent is receiving a service fee charged through FMIT and is probably receiving a commission on the ancillary policies. Our fee will be inclusive of all policies written through our agency. All carrier quotes we receive will be shown to the City and all quotes will be net of commission. Federal Flood policies, where commissions cannot be taken out, will be billed with the commission included. NFIP no longer allows us to return the commissions to the insured. Depending on the amount of flood policies in force by the City we would be 'agreeable to modifying our broker fee to compensate for the flood commissions. We are also agreeable to providing a notarized statement that all premiums will be net of commission, where allowed, for all contract years. We propose a broker fee of $72,50 0 for all lines of coverage outlined in this RFP. This fee would be good for the total contract period. We are open to discuss this fee structure with City staff if there any questions. QUESTIONNAIRE RFP No. 2013 -41 Property & Casualty Insurance Service Broker /Agent 8. Currently the incumbent BROKER is paid on a commission basis and the incumbent BROKER will identify the amount and sources of such commissions. Prospective BROKERS will detail their preferred method of compensation, either commission or fee basis, and explain their reasoning. Any fee based submission will require a notarized statement executed by BROKER that such fees are net of any premium, e.g., premium excludes any commission, for all contract years. The price of "insurance" has historically fluctuated depending on the state of the market; however, our primary objective remains constant, to assist our clients through a controlled marketing effort in managing these fluctuations. By focusing on market conditions and exploring alternative programs, our goal is to design and implement an insurance program which protects City of Delray Beach's physical assets and earnings while optimizing the total cost of risk. We always put the client's needs ahead of any remuneration pertaining to our organization. Our strategy throughout the company's history has been and will continue to be: "To build upon long -term underwriting relationships which assist us in negotiating the most cost effective and comprehensive insurance programs available." Our preferred method of compensation would be a commission basis to include all services included in this response to RFP. Currently, the incumbent BROKER is paid on a commission basis and the incumbent BROKER will identify the amount and sources of such commissions. Prospective BROKERS will detail their preferred method of compensation, either commission or fee basis, and explain their reasoning. Any fee based submission will require a notarized statement executed by BROKER that such fees are net of any premium, e.g., premium excludes commission, for all contract years. We have the flexibility to be compensated in the form of commission or a fee. Our preference is to be compensated in the form that our clients are most comfortable. Some of our clients prefer one over the other, and we would extend that same courtesy to the City of Delray Beach. If we were to be compensated in the form of commission, the usual and customary commission averages out to approximately 10 %. If the City of Delray Beach is impartial to commission; or fee, we offer the City the opportunity for a fiscal improvement to commission compensation and to compensate us in the form of a flat annual fee. We hereby offer the City of Delray Beach a flat annual fee of $65,000. Further we will guarantee to keep our $65,000 annual fee flat for each year of the three year term. $65,000 Annual Fee *Please Note: Both Citizens Property Insurance Corporation and The National Flood Insurance Plan (NFIP) do not allow their Wind and Flood policies to be issued on a net of commission basis. Any commissions received from placements with Citizens and NFIP will be accepted and can be offset as an applied credit against the flat annual fee. For the property coverage the industry standard commission is 10 %. Plastrid a will continue to accept a lower threshold of 6% commission for all property and general liability and auto coverage. If a property or general liability or auto carrier offers a 10% commission on any policy we will lower the commission by 4% thus benefiting the City of Delray Beach. In order to alleviate any uncertainty, Plastridge will warrant that the annual commission for all lines of coverage for the fiscal year will not exceed $115,000 for all contract years. Our reasoning for the commission basis is that in Florida it is not legal for a Broker to accept a commission and a fee on the same line of business. We do not want any confusion in this matter so we will simplify the process and work on commission only. In addition no matter what commission is paid by any carrier the most we will accept on an annual basis for all lines of coverage will never exceed $1'15,000. Therefore we feel that in lieu of a fee based we will continue with the current arrangement of a reasonable and reduced commission. TAB E: BROKER COMPENSATION Gehring Group proposes a comprehensive service model for "Property & Casualty Insurance Service Broker" for the following proposed annual fee billable on a monthly or quarterly basis. Under this arrangement, the City would receive all services as outlined within the scope of work of the RFP, in addition to Gehring Group's numerous value added services such as year -round account management services, analytical review, marketing of account for renewal, presentations to staff and executive management, policy review and interpretation. Gehring Group will charge a percentage fee of no more than 5% of the insurance premiums for which the City currently purchases or may purchase coverage, noting that certain lines of insurance coverage may have fixed commission percentages in their premium rates. Gehring Group will disclose these percentages to the City prior to the purchase of that particular line of coverage. This percentage fee will be guaranteed for the duration of the contract with the City of Delray Beach. Gehring Group's goal is to work within the means of our clients to accomplish their goals and objectives. As such, we are open to additional discussion regarding all proposed compensation options for Insurance Agent /Broker Services. 30 GFq IIRING',-AGROUP MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: Louie Chapman, Jr., City Manager DATE: July 15, 2013 SUBJECT: AGENDA ITEM 8.1 - REGULAR COMMISSION MEETING OF JULY 25, 2013 CONTRACT AGREEMENT WITH PGCS FOR INSURANCE THIRD PARTY CLAIMS ADMINISTRATION ITEM BEFORE COMMISSION The Selection Committee is requesting consideration of approval to enter into a contract agreement with Preferred Governmental Claim Solutions (PGCS) for insurance third party claims administration (TPA). Services will be provided for the period of October 1, 2013 through September 30, 2016 at an approximate annual fee of $69,120.00. BACKGROUND The current contract for the TPA services expires on September 30, 2013. Request for proposal were submitted by five (5) vendors ( Corvel, Gallagher Bassett Services, Inc. (GBS), John Eastern Company, Inc., PMA Management Corp., Preferred Governemental Claim Solutions or PGCS) for RFP Specification #2013 -42 on June 27, 2013. Applicants were asked to present in their proposal cost of services, servicing protocol, references, and experience servicing municipalities (specifically cities that are similar in size to Delray Beach). The Selection Committee was comprised of the City's Risk Manager, Interim Human Resources Director, and Finance Director. The RFP evaluation criteria were weighted based on annual cost, servicing references /experience and presentation. Cost and service was given the most significant weight values. The Selection Committee met on July 9, and July 15, 2013 to discuss the proposals and ultimately decided to rank the firms as follows: 1. PGCS; 2. John Eastern; 3. PMA and GBS; 4. Corvel. FUNDING SOURCE 551 -1575 -591 -31.90 RECOMMENDATION Consider approval of the Selection Committee's ranking of responses for the RFP #2013 -42 and authorize staff to enter into a contract agreement with Preferred Governmental Claim Solutions (PGCS) for the City's Third Party Administration. �9 k / ) § I } - ) ; _ \ \ � ro ` ) ) ) o \ ] j \ \ , Z § § § » 2 ( ; LL LU § \ ( _ - LU § \ \ / \ j @ { } m ( d § t cr § § ) \ \ t� {� \� ]\ m LLJ e( } = CL 4; = f } \ § \ « ■ & k S k § S % ; 2 § 2 § § § �� § � 2 > ! m } im § K m] z a � 0 2 3 S 2 w E 8 � � IL 2 � f � C4 6 2 a. LL w q % m o� ) \ ( \ ) / 3 a £ � 2 § ) 2 « 9 m m co y N CO CO CO 'It U ) § § U') § � 03 CN ./ \. § E . Q E ir E CL o E \ C) w E § \ \ / / w 7 > ƒ 2 = < k i 2 / f \ a_ CORVEL. Response to Pricing for the City of Delray 2'3f!F- Data Conversion (transition of claims data) Included First Notice of Loss Intake $795 If submitted via CareMc Fee Waived If reported by phone or fax $ 30 per claim Incident Only Reporting $895 If submitted via CareMc l=ee Waived If reported by phone or fax $ 30 per claim 2417 Nurse Triage -3 point contact Included Life of Contract Claims Handling Fee -WC $400 Medical -Only $195 Indemnity $1,250 Indemnity Tail Claims $550 Medical -Only Tail Claims $95 Annual Administration Fee -can be billed monthly $350 Includes all state filing requirements, account management, and claims review meetings. $9000 Care Access Included Annual Banking Fees One account included Subrogation 25% of Recoveries Indexing Included 2'3f!F- Liability Handling Fee Auto Liability Record Only Included Bodily Injury $795 Property Damage $495 General Liability Record Only Included Bodily Injury $895 Property Damage $595 All Other $695 Product Liability $695 Auto Liability Tail Claims Bodily Injury $400 Property Damage $250 General Liability Tail Claims Bodily Injury $450 Property Damage $300 All Other Tail Claims $350 Product Liability Tail Claims $350 The above pricing per claim is based on handling of all claims that occur and are reported during the agreement period. They will be handled until closed or until the end of the agreement period, whichever comes first. The parties may renew the contract, at the same prices for up to one consecutive term of three years, if both parties agree in writing. Pricing proposal is valid for 60 days_ PRICING OPTION: LIFE OF PARTNI=RSHP (Based on utilizing GBMCS) ices Based on 1 f Freq"e ncy Fee Service Fee- Workers' Compensation Medical Only /Indemnity 75 City of Delray Beach r1A34L, $a`ss 10/1/2013 10/1/2014 PRICING OPTION: LIFE OF PARTNI=RSHP (Based on utilizing GBMCS) ices Based on 1 f Freq"e ncy Fee Service Fee- Workers' Compensation Medical Only /Indemnity 75 $8941 $67,050 Total Workers Compensation-1 75 $67,050 Liability! Property Auto /General- Bodily Injury 20 $750 $15,000 Auto /General- Property Damage 1 $750 $750 Auto Physical Damage 0 $750 $0 Professional Liability 4 $750 $3,000 Property 0 $750 $0 Total Lialbility/Property:1 25 $18,750 Record Only Electronic Incident 3 $73 $219 Total Record Only:1 3 $219 Ancillary Services Adm inistration $8,517 Account Management (Designated) Included Banking Adm inistration /SIMMS $1,011 risxfacs.com - 1 User Included Data Management/Risxfacs $10,233 Risxfacs Reports $4,812 Ancillary Services Total: $24,573 Grand Total: $110,592 '* This is a 3 year agreement with a per claim rate increase of 4% each year over expiring. ** ** Fee is based on a blended fee rate. ** *Please see Claim Charges outlined in footnote 6 under Program Specific Terms and Conditions Claims will be handled for the life of the partnership with no additional per claim fees. If you should decide to non -renew all or a portion of your program, the existing open files can be handled in one of the following two ways: • GB would continue to handle the open files at our prevailing rate fees per year per open file. • GB would return the files to the client (contingent upon Carrier approval) at the client's expense. Note: There will be additional charges for ongoing Data Management (RISX- FACS®), risxfacs.com users, Administration, Banking fees and monthly reports for as long as GB handles claims. Cost & Terms (Revision date: June 2013) Page 1 City of Delray Beach gassy 10/1/2013 - 10/1/2014 CAB MANAGED CARE SERVICES SERVICES Fee Schedule CHARGES, $1.25 per line 2 line header Enhanced Bill Review Savings No Charge All Other Savings included: PPO Networks, 28% of savings Specialty Networks, Clinical Edits, Clinical Validation, Nurse Review, Physician Rx Dispensing. Out of Network 35% of savings Electronic receipt of medical bills 2 line header in all applicable states Telephonic Case Management $75 Medical Triage $290 per Indemnity claim (each 30 days) $130 per Medical Only claim one time Hospital Certification Program $120 per hospital certification Utilization Review Program $105 per review Physician Review /Peer Review $270 per review Task -Based Field Case Management • Task 1: One Visit Task $530 per assignment • Task 2: Two Visit Task $705 per assignment • Task 3: Labor Market Survey $635 per assignment • Task 4: Vocational Assessment $590 per assignment • Task 5: Home Visit $660 ($730 in CA) per assignment Medical Case Management and Vocational $92 per hour plus expenses Rehabilitation - Hourly $103 per hour — AK, CA, Hl, NY Priority Care 365 $90 per call Texas HCN Service Options Option #1 — unbundled rate: $17 per bill to include bill review & network access, $75 for triage Options #2 — bundled rate: $27 per bill to include bill review, network access & nurse triage Option #3 — percent of savings: 9.5% of total savings to include bill review, network access & nurse triage Medical Cost Projection (MCP) and Clinical $125 per hour Recommendations Pharmacy Benefit Management (PBM) and Cost of prescriptions and medical equipment — no Durable Medical Equipment (DME ) Program charge for Bill Review or PPO reductions Dental Review Program Charged on a per review basis OSHA Reporting $4,500 per year (includes set -up, OSHA access & unlimited OSHA logs and summaries Taxes All applicable taxes will be added to the service fees where required if another preferred managed care vendor other than Gallagher Bassett Managed Care Services is utilized, an administrative fee may apply in exchange for bona fide administrative services. The administrative services may include, but not be limited to overhead costs for the oversight and management of Managed Care vendors which includes the development and oversight of quality standards, development and maintenance of EDI interfaces and Cost & Terms (Revision date: June 2013) Page 2 reports, monitoring of Managed Care vendor performance, and ensuring proper mandatory state compliance and reporting. Cost & Terms (Revision date: June 2013) Page 3 City of Delray Beach �� assE _ c �` 10/1/2013 10/1/2014 sar reports, monitoring of Managed Care vendor performance, and ensuring proper mandatory state compliance and reporting. Cost & Terms (Revision date: June 2013) Page 3 City of Delray Beach �J G %_;_ ass 1 0111201 3 - 10/1/2014 eq G] OTHER SERVICES CHARGES risxfacs.com - Additional Users $1,000 per user GB International Claims Services Varies by Count (pricing provided upon request Consultative Services Loss Control Consulting Services $140 per hour Appraisal Services TBD MountainView ClaimZone RMIS Module TBD Fraud Prevention — Gallagher Bassett Investigative Services (GBIS) Special Fraud Investigations - SIU $85 per hour plus expenses Surveillance Investigations $70 per hour plus expenses -Targeted Field Investigations $80 per hour plus expenses -Targeted Database Investigations Rate per report Medlnsights MSAIMSP Compliance Services Social Security Verification (Entitlement Determination) $175.00 per verification Medicare Lien Evaluation Conditional Payment Search $250 per search Manual Medicare Eligibility Inquiry (Rush Request) $35 Conditional Payment Lien Negotiations $150 per hour Medical Cost Projection $125 per hour MSA Resolution Unit Service $450 Fee Pharmaceutical Drug Review $450 per review (If PDR doesn't prove to reduce lifetime costs by $5,000 the fee reduced to $35 Medicare Set- Asides Workers Compensation Medicare Set -Aside Allocation WCMSA $2,300 per allocation Rush Fees MSA completed within 7 days) $450 per case Revisions: $150 per hour (One free revision within six months of submission Liability Medicare Set -Aside Allocation (LMSA) $1,535 Fee MSA Submission to CMS $850 Fee Taxes All applicable taxes will be added to the service fees where required Cost & Terms (Revision date: June 2013) Page 4 PROGRAM SPECIFIC TERNIiS AND CO D;T IONS 1. Audit options: a. Estimate - Claims will be reviewed annually and audited at the 18t" and 24th month, and then every 12 months thereafter. 2. Billing and Payment Terms: Fees will be billed Yearly during the calendar year. Fees are payable within 30 days upon receipt of the invoice. Gallagher Bassett reserves the right to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. 3. Account Administration includes the following: a. Designated Account Manager b. Settlement Authority @ $5,000 WC and $0 Liability c. Four Claim Reviews a Year d. Acknowledgement Letter to claimant 4. Data Management includes the following: ➢ New Claire Setup ➢ Historical Claims ➢ Monthly Report by Email or the Website ➢ Carrier Report Package by Email or Website 5. Pricing is based on using GB Managed Care (GBMCS) or Medinsights for Bill Review, PPO, out -of- network, utilization review, telephonic case management, MSA and field case management. 6. Claim Charges: The Claim charge is applicable per claim per line of coverage. ➢ Example: A client employee during working hours is involved in an automobile accident with another vehicle with two occupants. Both occupants were injured, both cars were damaged and our client employee was injured. The claims handling charges (example only) will be: Claimant #1 - Auto Liability Bodily Injury $750 Claimant #2 - Auto Liability Bodily Injury $750 Claimant Owner - Auto Liability Property Damage $750 Client —Workers' Compensation $894 $3144 The total GB fee for this one occurrence is $3,144 to adjust the accident. Specific claim charges by claim by line of coverage are normal practice in our industry. 7. This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. 8. Gallagher Bassett Services, Inc, will not pay a fee, commission, or rebate to any party for the privilege of presenting our proposal or in order to secure the awarding of any program to Gallagher Bassett Services. Cost & Terms (Revision date: June 2013) rage 5 City of Delray Beach ass�4 10/1/2013 - 10/1/2014 @� PROGRAM SPECIFIC TERNIiS AND CO D;T IONS 1. Audit options: a. Estimate - Claims will be reviewed annually and audited at the 18t" and 24th month, and then every 12 months thereafter. 2. Billing and Payment Terms: Fees will be billed Yearly during the calendar year. Fees are payable within 30 days upon receipt of the invoice. Gallagher Bassett reserves the right to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. 3. Account Administration includes the following: a. Designated Account Manager b. Settlement Authority @ $5,000 WC and $0 Liability c. Four Claim Reviews a Year d. Acknowledgement Letter to claimant 4. Data Management includes the following: ➢ New Claire Setup ➢ Historical Claims ➢ Monthly Report by Email or the Website ➢ Carrier Report Package by Email or Website 5. Pricing is based on using GB Managed Care (GBMCS) or Medinsights for Bill Review, PPO, out -of- network, utilization review, telephonic case management, MSA and field case management. 6. Claim Charges: The Claim charge is applicable per claim per line of coverage. ➢ Example: A client employee during working hours is involved in an automobile accident with another vehicle with two occupants. Both occupants were injured, both cars were damaged and our client employee was injured. The claims handling charges (example only) will be: Claimant #1 - Auto Liability Bodily Injury $750 Claimant #2 - Auto Liability Bodily Injury $750 Claimant Owner - Auto Liability Property Damage $750 Client —Workers' Compensation $894 $3144 The total GB fee for this one occurrence is $3,144 to adjust the accident. Specific claim charges by claim by line of coverage are normal practice in our industry. 7. This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. 8. Gallagher Bassett Services, Inc, will not pay a fee, commission, or rebate to any party for the privilege of presenting our proposal or in order to secure the awarding of any program to Gallagher Bassett Services. Cost & Terms (Revision date: June 2013) rage 5 GCity of Delray Beach c g" . SASS T� 10/1/2013 - 10/1/2014 luLLAG+►k� as8E� GENERAL CONTRACT TERMS AND CONDITION 1. Independent Adjusters for Catastrophes - If applicable, following any significant Property loss as a result of a single event (i.e., hurricane, tornado, flood, earthquake, etc), GIB reserves the right to retain outside resources (adjusters) when appropriate and those fees will be paid as an Allocated Expense off the file. 2. Material Change - GB reserves the right to modify its fees if: a. It is determined that the historical data upon which GB's fees and service charges developed were based upon erroneous, obsolete or insufficient information, or that a change in CLI ENT's business will materially change the nature and/or volume of its business or claims as contemplated at the inception of the Agreement b. During the term of the Agreement, legislative and /or regulatory requirements materially impact or change the scope of GB's services or responsibilities 3. Taxes - All applicable taxes will be added to the service fees where required 4. Allocated Expenses: Shall be your responsibility and shall include, but not be limited to: ➢ Legal Fees ➢ Medical Examinations ➢ Professional Photographs ➢ Travel made at client's request ➢ Costs for witness statements ➢ Court reports ➢ Medical records ➢ Accident reconstruction ➢ Experts' rehabilitation costs ➢ Chem ist ➢ Fees for service of process ➢ Collection cost payable to third parties on subrogation ➢ Architects, contractors ➢ Engineer ➢ Any other similar cost, fee or expense reasonably chargeable to the investigation, negotiation, settlement or defense of a claim of loss which must have the explicit prior approval of the client ➢ Police, fire, coroner, weather, or other such reports ➢ Property damage appraisals ➢ SIU, surveillance and sub rosa investigation ➢ Official documents and transcripts ➢ Pre- and post - judgment interest paid ➢ Outside Investigation ➢ Index Bureau Reporting (including Medical Only) ➢ Second Injury Fund Recovery ➢ Data Intelligence Self- Service Reports ➢ Managed Care - Managed Care services may include, but are not limited to: i. Preferred provider organization networks ii. Utilization review services iii. Automated state fee scheduling iv. Light duty /return -to -work programs v. Medical case management and Vocational rehabilitation network vi. Prospective injury management services vii. Hospital bill audit services Cost & Terms (Revision date: June 2013) Page 6 DERNMCTS Workers Compensation - Medical Only Claims A medical only claim is a work- related Claim that meets the following criteria: (i) payments for either indemnity or vocational rehabilitation were not required, (ii) the Claim has not become contested or in suit, (iii) investigation to determine compensability or subrogation requirements was not required, (iv) no loss notices, captioned reports, client meetings (other than routine meetings where the claim is listed and noted) or settlement authority approvals were required, and (v) payments on the Claim have not exceeded $2,500. Workers Compensation - Indemnity Claims An indemnity claim is a Workers Compensation claim that is not a Medical Only Claim. Incident - Electronic and Manual An Incident is a loss reported electronically through ClaimLine and/or the Web, or set up manually at the branch. GB will review the Incident and make a courtesy call [if necessary] to determine if it is a claim or Incident. GB will have full discretion in the determination and handling of these Incidents andlor their conversion into claim status. Liability Claims Investigate, evaluate and adjudicate all third -party claims for which you may be legally obligated. Third - party claims will be managed and administered in accordance with our product guidelines. Property Claims Investigate, evaluate and adjudicate all first -party claims which you report involving damage or loss of real or personal property. First -party claims will be managed and administered in accordance with our product guidelines. Cost &. Terms (Revision date: June 2013) Page 7 City of Delray Beach �• . c s �SS_ 4 A 10/1/2013 _ 1 0/1/2014 eASS � DERNMCTS Workers Compensation - Medical Only Claims A medical only claim is a work- related Claim that meets the following criteria: (i) payments for either indemnity or vocational rehabilitation were not required, (ii) the Claim has not become contested or in suit, (iii) investigation to determine compensability or subrogation requirements was not required, (iv) no loss notices, captioned reports, client meetings (other than routine meetings where the claim is listed and noted) or settlement authority approvals were required, and (v) payments on the Claim have not exceeded $2,500. Workers Compensation - Indemnity Claims An indemnity claim is a Workers Compensation claim that is not a Medical Only Claim. Incident - Electronic and Manual An Incident is a loss reported electronically through ClaimLine and/or the Web, or set up manually at the branch. GB will review the Incident and make a courtesy call [if necessary] to determine if it is a claim or Incident. GB will have full discretion in the determination and handling of these Incidents andlor their conversion into claim status. Liability Claims Investigate, evaluate and adjudicate all third -party claims for which you may be legally obligated. Third - party claims will be managed and administered in accordance with our product guidelines. Property Claims Investigate, evaluate and adjudicate all first -party claims which you report involving damage or loss of real or personal property. First -party claims will be managed and administered in accordance with our product guidelines. Cost &. Terms (Revision date: June 2013) Page 7 5. What is the maximum case load the City's indemnity adjuster in # 2, above? 150 claims By whom is this audited? Alice Bane, WC Claims Manager 6. What is the maximum case load the City's indemnity adjuster in #4, above? 150 claims By whom is this audited? Mike Cicak, TPA Liability Manager__ 7. How often are reserves reviewed? Eve time the file is handled and at a minimum of eve 90 days. By whom? The adjuster and supervisor 8. Currently, incumbent TPA is paid on a flat per claim rate (general & auto liability, workers' compensation, property damage, etc.) which contemplates administration services as long as CITY remains with incumbent. This fee includes miscellaneous services (e.g., claims review meetings, index bureau reports, etc.), and claims data management services. The City is invoiced as payments are actually made by the incumbent TPA. Field investigations on liability and property damage claims are billed at a separate hourly rate. A similar compensa- tion structure is preferred by the CITY. Fees for handling the City's claims will be billed monthly as claims are reported at the following rates: WORKERS' COMPENSATION Medical Only $195.00 per claim Lost Time $1,095.00 per claim Report Only $25.00 per claim* * (No charge if entered on -line) LIABILITY Automobile Liability Bodily Injury $795.00 per claim Automobile Liability Physical Damage $275.00 per claim Automobile Liability Property Damage $450.00 per claim Genera[ Liability Bodily Injury $795.00 per claim Genera[ Liability Property Damage $450.00 per claim Property Fee Schedule See page 14 Catastrophe Fee Schedule See page 15 ERRORS & OMISSIONS $795.00 per claim MISCELLANEOUS Banking Fees: Included Subrogation Fees: Included Conversion Fee: $3,500.00 These fees will be billed in 12 -month installments and are guaranteed through 0913012016. CLAIMS WHOSE DATES OF Loss PRE -DATE Johns Eastern will assume the "tail' claims at no additional charge. ALLOCATED EXPENSES We charge allocated expenses to the claim file as outlined in Section 4.A. Fees for any field investigation will be $85.00 per hour, $0.55 a mile and $1.00 per color photograph, and administrative expenses. 12 * PMA COMPANIES Cost Schedule — City of Delray Beach PMA Management Corp. would like to offer the City of Delray Beach a comprehensive claims management program for assistance in handling the Workers' Compensation& Property, Auto and Liability claims as follows: Option 2: Life of Contract (Flat Annual Fee) — New Claims Handling for Workers' Comp - Effective October 1, 2013 Flat Annual Fee - Year 1 Year 2 Year 3 $68,000 $68,000 $68,000 *Flat fee rates are based on a 3 year commitment. * *For Flat Fee Pricing Agreement, if during the term of the contract any individual occurrence results in more than 10 claimants, as determined by PMAMC, then the following additional claims handling fees shall apply beginning with the 110 claim and for every claim thereafter, $750 will be charged for each lost time claim and $110 for each medical only claim. —Pricing is based on takeover assumed of a maximum of 30 Lost Time, 30 Medical Only takeovers, 24 Auto 6 Liability claims. If more Takeovers are received, each additional takeover claim will be subject to an additional fee. Administration Activities: (Included) Claim Reporting Payment Services Image Documents Central Index Bureau Adjuster Activities: (Included) Investigation Three Point Contact Action Planning Claims Reporting Compensability Subrogation PMA COMPANIES Cost Schedule — City of Delray Beach PMA Management Corp. would like to offer the City of Delray Beach a comprehensive claims management program for assistance in handling the Workers' Compensation & Property, Auto and Liability claims as follows: Option 1: Life of Contract (Annual Per Claim Rates) — 3 Year Rate Guarantee New Claims Handling for Workers' Comp - Effective October 1, 2013 Estimated Per Claim Claims Rate WC - Lost Time 42 $895 WC - Medical Only 48 $195 Incident Only if any $40 Auto Liability - Bodily Injury 8 $595 Auto Liability - Property Damage 2 $395 General Liability- Bodily Injury 8 $595 General Liability- Property Damage 1 $395 General Liability -- Record Only 3 $40 Property 2 $495 Total 116 $58,845 Takeover Claims fees Estimated Per Claim Claims Rate WC - Lost Time 28 $325 WC - Medical Only 29 $100 Auto Liability- Bodily Injury 9 $295 General Liability- Bodily Injury 13 $295 General Liability- Property Damage 1 $195 Property 4 $225 Total 84 $19,585 Sewrces CITY OF DELRAY BEACH THIRD PARTY CLAIMS ADMINISTRATION Preferred Governmental Claim Solutions, (PGCS) will perform Third Party Claims Administration for the City of Delray Beach for the period October 1, 2013 through September 30, 2016, for the following per claim rate: Pricing is based on life of contract. Services are invoiced on a monthly basis. WIC Lost Time $895 WIC Medical Only $175 Public Officials, Employment Practices, & Law Enforcement $895 AL /GL Bodily Injury $625 AL /GL Property Damage $395 Auto Physical Damage $395 Property (other than CAT) $525 Run -In Claims One -Time charge of $275 per open Lost Time, POL, EL, LE, and Bodily Injury Claim. No charge for all others. Administrative Services — Included in Per Claim Rate • Program Administration • First Notice of Injury Services • Loss Statistic Services • Claim System Access • Website Access * MM SEA, State of Florida, and Excess Carrier Reporting Other Services • Medical Bill Review - $1.75 per line with a three line minimum + Network Access & Development Services — 28% of savings below the fee schedule • 1099 Processing - $10 per form • Subrogation — 15% of net recovery MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF JULY 25, 2013 INTERLOCAL AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR CHRISTMAS TREE REPAIR ITEM BEFORE COMMISSION Commission is requested to approve an Interlocal Agreement to fund up to $35,000.00 for Christmas Tree frame repair and painting. BACKGROUND Attached is an Interlocal Agreement between the City and the CRA in the amount of $35,000 for Christmas Tree frame repair, which includes rust removal, welding and painting. Every year for many years, the CRA has provided funding to maintain the Christmas Tree frame. Certain sections are done on an annual basis in order to maintain the condition of the frame. RECOMMENDATION Recommend approval of the proposed Interlocal Agreement with the CRA to fund $35,000 for the Christmas Tree frame repair and painting for the current fiscal year. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FUNDING FOR CHRISTMAS TREE REPAIRS THIS AGREEMENT is made this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "City "), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA" ). WITNESSETH: WHEREAS, the City owns and maintains the 100 foot Christmas Tree that is annually on display during the month of December at Old School Square, and WHEREAS, the 100 -foot Christmas Tree is an activity organized and produced by the Delray Beach Marketing Cooperative to attract people to the downtown area and support downtown merchants; and"EREAS, the Christmas tree is in need of repair, and WHEREAS, the Christmas tree along with the other holiday structures and decorations bring people to the downtown area, which further supports the CRA's redevelopment efforts within the CRA district; and. WHEREAS, the Christmas Tree along with the other holiday structures and decorations bring people to the downtown area, is consistent with the Delray Beach Community Redevelopment Plan, furthers redevelopment by stimulating economic development activity thereby helping to prevent slum and blight within the CRA's Community Redevelopment Area, and serves a municipal and public purpose. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the City in an amount not to exceed Thirty Five Thousand and 001100 Dollars ($35,000.00) for tree frame repair and painting of the Christmas Tree for the 2013 -2014 Fiscal Year. CRA shall make payment to the City no later than ten (10) days after the CRA receives an invoice from the City itemizing the costs of the repairs to the Christmas Tree. 3. The term of this Agreement shall commence October 1, 2013 and terminate on September 30, 2014; however, the Agreement shall automatically renew on an annual basis provided that funding for the repairs is set forth in the City's and CRA's respective budgets, and those budgets are approved by the respective governing bodies. Either party may cancel this Agreement if written notice is provided to the other parry, at least thirty (30) days prior to renewal of the Agreement, of its intent to cancel this Agreement. 4. This Tnterlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. S. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 6. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. R 7. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. S. Neither the City nor the CRA shall assign or transfer any rights or interest in this Agreement, Clerk. 9. This Agreement shall not be valid until signed by the Mayor and the City IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST; CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: Cary Glickstein, Mayor City Attorney DELRAY BEACH COMMUNITY ATTEST: REDEVELOPMENT AGENCY By: Print Name: Howard Lewis, Chair STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20 , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Notary Public -- State of Florida 9 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 17, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF JULY 25, 2013 RESOLUTION NO. 32-13 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 10 properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 32 -13. RESOLUTION NO. 32 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty -two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and /or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the July 25, 2013 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said 2 Res. No. 32 -13 property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8 %, and collection costs including a reasonable attorney's fee. ATTEST: PASSED AND ADOPTED in regular session on this 25h day of July, 2013. City Clerk MAYOR This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 32 -13 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT VACANT LOT - NW 13TH AVENUE ATLANTIC PARK GARDENS, DELRAY LOT 15, BLOCK 1 PCN 12 43 46 17 18 001 0150 CASE NO. RN 13 -39177 Ruthey M. Carrington 337 SW 11th Avenue Delray Beach, Florida $ 95.00 Invoice No. 38624 $ 55.00 Admin Fee $ 150.00 805 SW 7TH AVENUE COLONIAL HEIGHTS LOT 6 BLOCK 2 PCN 12 43 46 20 003 002 0060 CASE NO. NA 13 -37769 1811 Meadow Group LLC % Jeanne Foss 3109 Lowson Bouvelard Delray Beach, Florida 33445 $ 75.00 Invoice No. 38625 $ 55.00 Admin Fee $ 130.00 551 NW 46TH AVENUE PINE TRAIL SECTION 1 N 40 FT OF LOT 10 BLOCK 1 PCN 12 42 46 12 07 001 0101 CASE NO. RN 13 -39562 Sol Pal John Bejarano 551 NW 46th Avenue Delray Beach, Florida 33445 $ 75.00 Invoice No. 38626 $ 55.00 Admin Fee $ 130.00 222 SE 5TH STREET OSCEOLA PARK LOT 11 BLOCK 6 PCN 12 43 46 21 01 006 0110 CASE NO. RN 13 -40038 Jean L. Denisier 3539 Apalachee Parkway Ste #3 Tallahassee, Florida 32311 $ 95.00 Invoice No. 38627 $ 55.00 Admin Fee $ 150.00 380 SE 5TH AVENUE OSCEOLA PARK LOT 10 /LESS E 10 FT RD R /W/ BLOCK 104 PCN 12 43 46 21 01 104 0100 CASE NO. NA 13 38454 Hare, Hare, Hare Inc. % Robert L. Hornung, R/A 366 SE 5th Avenue Delray Beach, Florida 33483 $ 125.00 Invoice No. 38628 $ 55.00 Admin Fee $ 180.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE PDFConvert.18081.1.RES NO. 32- 13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT 374 SE 5TH AVENUE OSCEOLA PARK LOT 9 (LESS RD R/W) BLOCK 104 PCN 12 43 46 21 01 104 0090 CASE NO. NA 13 38460 Hare, Hare, Hare Inc. % Robert L. Hornung, R/A 366 SE 5th Avenue Delray Beach, Florida 33483 $ 95.00 Invoice No. 38622 $ 55.00 Admin Fee $ 150.00 590 NW 46TH AVENUE PINE TRAIL SEC 1 N 1/2 OF LOT 4 BLOCK 3 PCN 12 42 46 12 07 003 0041 CASE NO. RN 13 -39561 Nationwide Investment Firm Corp. % Guilfort Dieuvul, R/A 8757 Baystone Cove Boynton Beach, Florida 33473 $ 95.00 Invoice No. 38629 $ 55.00 Admin Fee $ 150.00 116 SW 8TH AVENUE LINCOLN PARK DELRAY LOT 40 PCN 12 43 46 17 38 000 0400 CASE NO. NA 13 -38321 Andrelle Chavannes 1746 Harborside Circle West Palm Beach, Florida 33414 $ 95.00 Invoice No. 38630 $ 55.00 Admin Fee $ 150.00 V/L N CONGRESS AVENUE 18- 46 -43, W 253 FT OF N 1/2 OF S 1/4 OF NE 1/4 LYG E OF & ADJ TO CONGRESS AVENUE R/W (LESS S 185 FT OF W 153 FT & N 20 FT NW 1 ST ST R /W) K/A PARCEL "A" & PARCEL "B" PCN 12 43 46 18 00 000 1360 CASE NO. NA 13 -39231 1860 Marty Fladell LLC C/O Ryan Inc. 13155 Noel Road Suite 100 Dallas, TX 75240 $ 125.00 Invoice No. 38623 $ 55.00 Admin Fee $ 180.00 1860 MARTY FLADELL DRIVE 18- 46 -43, NE 1/4 OF SW 1/4 OF SE 1/4 OF NE 1/4 (LESS E 20 FT, N 25 FT RD R/W & NLY 133.18 FT OF S 206 FT OF ELY 129 FT PCN 12 43 46 18 00 000 1220 CASE NO. NA 13 -39229 1860 Marty Fladell LLC C/O Ryan Inc. 13155 Noel Road Suite 100 Dallas, TX 75240 $ 125.00 Invoice No. 38623 $ 55.00 Admin Fee VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 180.00 PDFConvert.18081.1.RES NO. 32- 13.xls MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: July 17, 2013 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF JULY 25, 2013 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of July 1, 2013 through July 19, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of f July 15, 2013 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (4 to 0, Clifford Durden, Derline Pierre -Louis and Connor Lynch absent), of the preliminary plat and certification of the final subdivision plat for the SunTrust /Chick -Fil -A development, located at the southwest corner of Linton Boulevard and South Federal Highway. B. Recommended approval (4 to 0), of the preliminary plat and certification of the final subdivision plat for the Delray Beach Fairfield Inn, located on the south side of West Atlantic Avenue, between SW 9th Avenue and SW 10th Avenue. C. Recommended approval (4 to 0), of a conditional use request to allow a free - standing multiple family housing development within the GC (General Commercial) and RM (Medium Density Residential) zoning districts for St. George, a proposed 38 -unit townhouse development located on the east side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. D. Recommended approval (4 to 0), of a conditional use request associated with the demolition of the existing Southgate Motel and construction of a new two -story motel containing twenty -eight (28) guest rooms with associated lobby and breakfast area, a manager's apartment, a new swimming pool with attendant restroom/shower building. The Southgate Motel is located approximately 500 feet north of NE 14th Street, between North Federal Highway and Old Dixie Highway. E. Postponed due to a lack of a quorum (4 to 0), the conditional use request to allow an increase in density in excess of 30 units per acre (63 units per acre proposed) for The Strand, located on the north and south sides of SE 1st Street, along the west side of SE 3rd Avenue. The development proposal involves the construction of 198 residential apartment units on two parcels; the north parcel will accommodate 43 residential units within a four -story structure and the south parcel will accommodate 155 residential apartment units within a five -story structure. F. Recommended approval (4 to 0), of the abandonment of Avenue F (aka Fladell Way) lying between South Federal Highway and Dixie Highway. G. Recommended approval (4 to 0), of the abandonment of Avenue G (aka Transportation Lane) lying west of South Federal Highway. Other Items: H. Acknowledged on a 4 to 0 vote, the public infrastructure comments and recommended that they be evaluated for potential inclusion in the upcoming Capital Improvement Plan (CIP). Site Plan Review and Appearance Board Meeting of f July 10, 2013 1. Approved (7 to 0), a blanket sign program for Rocky's Retail Building, located on the west side of SE 5th Avenue, south of East Atlantic Avenue (20 SE 5th Avenue). 2. Approved with conditions (7 to 0), an amendment to the master sign program to allow Peter Glenn (Run Appeal) to have additional signage displaying a franchise within their store at Linton Center, located at the southwest corner of Linton Boulevard and SW 10th Avenue (1350 Linton Boulevard). 3. Approved with conditions (7 to 0), a request for a color change for Tire Kingdom #6, an existing commercial building, located on the south side of Linton Boulevard west of the FEC Railroad (220 Linton Boulevard). 4. Approved with conditions (7 to 0), a Class I site plan modification associated with the addition of storefront windows and doors and renovation of the facade for a tenant bay within Linton Square, an existing shopping center, located at the northeast corner of Linton Boulevard and Congress Avenue (1585 South Congress Avenue). 5. Approved with conditions (7 to 0), a Class I site plan modification and landscape plan associated with the addition of a landscape island containing a water feature for Abbey Delray South, located on the south side of Linton Boulevard, between Homewood Boulevard and the E -4 Canal (1717 Homewood Boulevard). Historic Preservation Board Meeting of July 10, 2013 6. Approved with conditions (4 to 0, Annette Smith and Samuel Spear absent), a request for a Certificate of Appropriateness associated with the installation of a 6' high wood fence for a single family residence located at 275 North Swinton Avenue, Old School Square Historic District. Concurrently, the Board denied (4 to 0), a waiver request to allow the fence at a height of 6' high within the side street setback whereas a maximum height of 4' is permitted. 7. Approved (4 to 0), a request for a Certificate of Appropriateness for the construction of additions to a contributing single family residence and the construction of a detached guest cottage and a detached garage at 101 NE 5th Street, Del -Ida Park Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT JULY 25, 2013 SPRAB: 1. ROCKY'S RETAIL BUILDING 2. PETER GLENN (RUN APPEAL) 3. TIRE KINGDOM 46 4. LINTON SQUARE 5. ABBEY DELRAY SOUTH 6. 275 N. SWINTON AVENUE 7. 101 NE 5TH S -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \7 -25 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: William A. Grieve, P.E., Assistant City Engineer Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Interim Director of ESD THROUGH: Louie Chapman, Jr., City Manager DATE: July 2, 2013 SUBJECT: AGENDA ITEM 8.N.1 - REGULAR COMMISSION MEETING OF JULY 25, 2013 BID AWARD /ROSSO SITE DEVELOPMENT ITEM BEFORE COMMISSION This item is before Commission for approval /authorization for award to Rosso Site Development for road and swale reconstruction on a section of Hyacinth Drive in the amount $45,302.86. BACKGROUND The work generally consists of the following road reconstruction which includes compacting subgrade, installation of limerock base, asphalt wearing suface and reconstructing the swale section. Reconstruction of the road and swale is required due to a damaged storm water drainage pipe that undermined the west bound travel lane of the road between two connecting drainage structures. The damaged pipe has already been repaired. Staff requested quotes from four (4) pre - qualified bidders for the project. Only two (2) quotes were received, the other two (2) pre - qualified contractors declined submitting bids. Rosso Site Development was the lowest responsive bidder. Following Commision approval, Rosso Site Development will execute the City's "Standard Form of Agreement Between City and Contractor ". FUNDING SOURCE Funding is available in account # 448 - 5461 - 538.46 -43 (following budget transfer). Project cost is $45,302.86. RECOMMENDATION Staff recommends approval. ,�Y ^d V/ O A � � N V � VI 0 FEED O cCI � I 00 W O O O O O O O O O O O O O O U O O O O O O O O O O O O O O P4 o 0 0 0 0 0 0 0 0 6 6 6 0 P o 0 0 (n (n 0 0 0 0 0 0 0 — �j O 00 (n l� l� O (n 0 0 0 0 CD, 69 O 69 N o r -- l� -- T m ,-- M [� ,� 69 69 69 69 69 69 69 69 69 69 O � P� p O O N 00 W) 69 69 69 (n 69 O O O O 69 O 6~9 669 69 69 669 669 609 0 0 0 U O M O O l� 0 0 0 0 0 0 O 'O 'O -- M� 'O (n O O O O O N P O M ,-� �0 O M , N 0 0 0 0 — 0 �n I'0 0� M 0� M O I'0 O O O O 69 O O r 69 -- (n AO f, \O O -- f, -- M N [� 69 69 69 69 69 69 69 69 69 69 vj 60!� QO � M 0 00 N T Z N 0 0 0 0 0 p O O O O CD H 0V 69 69 69 O 69 O O O O 69 O 60! � 11 ,--� � M W � 69 69 69 69 69 69 W W o 0 0 0 0 0 0 0 0 0 0 0 0 p H 0 0 0 0 0 0 0 0 0 0 0 0 0 x 0 0 0 0 0 0 0 0 0 0 0 0 0 PL, 0 0 0 0 00 O O O O O O o o 0 0 0 �o 00 0 0 0 0 0 0 69 O N N 00 (n 00 zT N f) M ,--� C/) 69 69 69 69 69 69 69 69 69 69 69 w o 0 0 0 0 0 0 0 0 0 .� 0 0 0 0 0 0 0 0 Y p 0 0 l� oo 0 0 0 0 0 0 0 P � p 0 O 0 O ,-� 69 N 69 ,-� 69 O O ,-� 69 O O O O O O O O ,-� 69 O C469 w O CA O bA Ey '� P•• N U U C�j C�j j cd C/1 V U O i� W O O C'J -0 � O •� � '� U N N V1 � CA -� 7:) H U 1 100 l� 00 Ov E 0 M CD N CD 0 Q Of DO DO 0 d 3 0 U O T cn Q1 N O] / Ln O M CD y U 0 0 0 Q U a TROPIC BOULEVARD x z a BOLENDER STREET *HzH BER UDA RDA ALLAMANDA DRIVE > m BANYAN DRIVE AVE. C CYPRESS DRIVE a ° o N DOGWOOD DRIVE Q O Q _ o Of a FLAD ELl'S LI WAY EVERGREEN DRIVE O Z ° Q TRANSPORTATION w LN. AVENUE G moo Q m FERN DRIVE O IAT AVENUE z LA -MAT AVENUE p m J Q W Y GARDENIA DRIVE U K Q AVENUE H V ~ �- °> Q Tn m O HYACINTH DRIVE J Q Q J F- Q WIRIS DRIVE z W L� JASMINE DRIVE O N � ° a � N N Z_ AVENUE L I ° Hill I CITY of DELRAY BEACH LOCATION MAP DATE: 07/02/2013 ENVIRONMENTAL SERVICES DEPARTMENT HYACINTH DRIVE LOCMAEQ: 434 SOUTH SNANTON AVENUE, DELRAY BEACH, FLOFUDA 33444 DRAINAGE IMPROVEMENTS 013_0j5_ MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: July 15, 2013 SUBJECT: AGENDA ITEM 8.N.2 - REGULAR COMMISSION MEETING OF JULY 25, 2013 PURCHASE AWARD/ SPECIALTY VEHICLES, INC. (SVI) ITEM BEFORE COMMISSION The item before the City Commission is that of approving the purchase of a fourth trolley in accordance with FDOT JPA, (Florida Department Of Transportation, Joint Participation Agreement), # AQN52. BACKGROUND At its meeting of May 21, 2013, the City Commission approved a request for the Mayor to sign amended JPA AQN52 with the FDOT for the purchase of a fourth trolley and increase in grant funding for operations, (see attached). Three trolleys were purchased from Specialty Vehicles, Inc., (SVI) at a cost of $456,920, in accordance with the Houston Galveston Area Council HGAC Buy program, which completes a comprehensive vetting of vendors through the competitive bidding process which, the City Attorney advised, was an acceptable alternative to staff preparing and advertising an RFP. SVI has agreed to provide an identical vehicle to the one's purchased at a total cost of $150,000, FOB, Delray Beach, FL. The additional vehicle will extend the life of the fleet while providing an extra vehicle for special events or potentially, expansion of service. It is noted, the additional vehicle will also fill a void should major warranty work be required due to a malfunction. FUNDING SOURCE The purchase is funded through JPA # AQN52 and will be paid through account 334 -6111 -545- 64.20. RECOMMENDATION Staff recommends the City Commission approve the purchase of the fourth trolley from SVI, at a cost of $150,000, FOB Delray Beach. STARTRANS 122222 SOLD TO: A SUPR&Pf& CORPORATION COMPA IVY PROD. NO. ORDER DATE SALES PERSON ORDER NO. PAGE # C0090017 7/06/12 2022 464127 1 PRINT DATE 7/06 12012 Loc 1701 * ** ACKNOWLEDGEMENT * ** SHIPM: 39822 SPECIALTY VEHICLES, INC. 440 MARK LEANY DR HENDERSON NV 89011 -4038 39822 SPECIALTY VEHICLES, INC. * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * CUSTOMER PICK -UP * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CUSTOMER P.O. NUMBER TERMS SALES PERSON VERBAL JOSH NET 30 DAYS MIKE AKERS - #6A SHP VIA I COMMITMENT DATE CHASSIS SERIAL NUMBER CUSTOMER PICK UP PART NUMBER DESCRIPTION UNIT PRICE EXTENDED AMT. ATTENTION: JOSE DRENK (2) UNITS C009 - C009 SVI STOCK - WHITE BTR 1.00 EA TROLLEY MODEL .00 .00 OPTIONS BEGIN. ... ............................... TR26 TROLLEY- 26' 02750.00 102750.00 MB65/240 -178 FREIGHTLINER MB65 178" WB 2401-IP 6.7 DSL 26,000 GVW- AT2200 TRANS 195 19.5" TIRES YR12 2012 MODEL YEAR CHASSIS B11 AIR BRAKE PKG W /BENDIX AIR DRYER (MODEL #ADIP) (MB65 ONLY) 3615.00 3615.00 CS- SHRINK CHASSIS TO (INCHES) 468.00 468.00 MODIFY.INCHES 158.00 RL RELEASE CHASSIS THROUGH POOL CHASSIS ON GROUND C CUSTOMER PICK UP Y SALES DISCOUNT ADJUSTMENT .00 .00 XX * * * * * ** SPECIAL OPTIONS * * * * * ** SPECIAL OPTIONS FOR CHASSIS ALUM WHEELS W/ CHROME CENTER CAPS (4) ALLIANCE GR 31 BATTERIES DELETE ENGINE BLOCK HEATER 90 GALLON FUEL TANK 81000 1.00 EA MISC OPTION 1655.00 1655.00 C250 FRONT END ALIGNMENT 350.00 350.00 C14 3/4" FRP FLOOR (5/8" PLYWOOD CORE) XX SPECIAL BATTERY CHASSIS ORDERED WITH (4) ALLINCE GROUP 31 BATTERIES TO BE USED ILO 8D BATTERIES 81000 1.00 EA MISC OPTION .00 .00 CONTINUED* STARTRANS 122222 SOLD TO: A SUPR&M& CORPORATION COMPA IVY PROD. NO. ORDER DATE SALES PERSON ORDER NO. PAGE # C0090017 7/06/12 2022 464127 2 PRINT DATE 7/06 12012 Loc 1701 * ** ACKNOWLEDGEMENT * ** SHIPM: 39822 SPECIALTY VEHICLES, INC. 440 MARK LEANY DR HENDERSON NV 89011 -4038 39822 SPECIALTY VEHICLES, INC. * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * CUSTOMER PICK -UP * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CUSTOMER P.O. NUMBER TERMS SALES PERSON VERBAL JOSH NET 30 DAYS MIKE AKERS - #6A SHP VIA I COMMITMENT DATE CHASSIS SERIAL NUMBER CUSTOMER PICK UP PART NUMBER DESCRIPTION UNIT PRICE EXTENDED AMT. C45 ENGINE ALARM SYSTEM -HI WATER TEMP LOW OIL PRESSURE -LOW WATER LEVEL .00 .00 FL OEM SUPPLIED C51 ELECTRICAL LOAD MANAGEMENT SYSTEM INTELLITEC MULTIPLEXING SYSTEM .00 .00 C66 COWCATCHER C58 REAR BUMPER (STANDARD) C91 FRONT & REAR RUBBER WHEEL FLARES C83 ALUMINUM FUEL DOOR W /LOCK .00 .00 C150 OEM CHASSIS ALTERNATOR L2 270 AMP (LEECE NEVILLE #4944) (FREIGHTLINER) A281 MCC (AC131133TMAX)130K BTU FREEBLOW- TWO EM1 EVAPORATORS,TWO CM3 CONDENSERS,& DUAL COMPRESSORS 5785.00 5785.00 DO DUAL OEM COMPRESSORS (FRONT ENGINE - CUMMINS 5.9) A53 PAINT EVAPORATOR COVER WOOD GRAIN .00 .00 A51 DASH AC,HEAT & DEFROST (STANDARD) .00 .00 H05 HEATER 65,000 BTU SEAT FRAME OR WALL MOUNT H05.QTY 1.00 355.00 355.00 H12 HEATER INLINE BOOSTER PUMP (RECOMMENDED OPTION ON ALL DIESEL CHASSIS & MID -SIZE UNITS) 265.00 265.00 H21 SILICONE HEATER HOSES W/ CONSTANT TORQUE CLAMPS .00 .00 D13 32" X 91" ELECT DBL ENT DOOR W /A &M HDR ONLY - METAL DOOR PANELS W/ UPPER & LOWER GLASS INSERTS .00 .00 D38 EXTER.WEATHER PROOF TOGGLE SWITCH CONTINUED* STARTRANS 122222 SOLD TO: A SUPR&Pf& CORPORATION COMPA IVY PROD. NO. ORDER DATE SALES PERSON ORDER NO. PAGE # C0090017 7/06/12 2022 464127 3 PRINT DATE 7/06 12012 Loc 1701 * ** ACKNOWLEDGEMENT * ** SHIPM: 39822 SPECIALTY VEHICLES, INC. 440 MARK LEANY DR HENDERSON NV 89011 -4038 39822 SPECIALTY VEHICLES, INC. * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * CUSTOMER PICK -UP * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CUSTOMER P.O. NUMBER TERMS SALES PERSON VERBAL JOSH NET 30 DAYS MIKE AKERS - #6A SHP VIA I COMMITMENT DATE CHASSIS SERIAL NUMBER CUSTOMER PICK UP PART NUMBER DESCRIPTION UNIT PRICE EXTENDED AMT. (MOUNTED NEAR CENTER OF FIREWALL) .00 .00 D59 TROLLEY REAR WINDOW PACKAGE (2) NON - EGRESS & CENTER EGRESS SOLID PANE .00 .00 D78 TROLLEY WINDOW PACKAGE P116 LIFT DOOR - 47.5 "X 73" W /TROLLEY WND (REAR) 375.00 375.00 P282 BRAUN LFT- CENTURY NCL917FID -2 -ADA FRONT PUMP 33" X 51" 403/404 COMPLIANT GENERATION 2 3280.00 3280.00 P30 INTERLOCK -BRAKE & TRANSMISSION SYSTEM W /CONSOLE POWER SWITCH 350.00 350.00 P88 FLANGED L- TRACK -PER PLACEMENT AND WALL TRACK ONLY (NO BELTS) QS * ** Q- STRAINT * ** P88.QTY 2.00 .00 .00 P407 Q- STRAINT KIT L -TRCK (Q- 8200 -A1 -L) QRT ECONO KIT (FLANGED L- TRACK) CONSISTS OF:Q- 8200 -A1 SINGLE KNOB RETRACTABLE LAP /SHOULDER BELT COMBO W /HEIGHT ADJUSTER, & Q8- 6500 -L MOUNTING HARDWARE TIE.DOWN.QTY 2.00 410.00 820.00 P84 WHEEL CHAIR BELT POUCH (Q- STRAINT) SH SHIP LOOSE POUCH.QTY 2.00 30.00 60.00 ++ + + + + ++ DRIVER SEAT SECTION + + + + + ++ 5130 DRV SEAT -USSC #9210MLX -HI BACK RECLINER W /LH & RH BLACK MOLDED ARMRESTS 3 -POINT SHOULDER & LAP BELT BELT, INCLUDES MECHANICAL SUSPENSION BLACK CLOTH INSERT CONTINUED* STARTRANS 122222 SOLD TO: A SUPR&M& CORPORATION COMPA IVY PROD. NO. ORDER DATE SALES PERSON ORDER NO. PAGE # C0090017 7/06/12 2022 464127 4 PRINT DATE 7/06 12012 Loc 1701 * ** ACKNOWLEDGEMENT * ** SHIPM: 39822 SPECIALTY VEHICLES, INC. 440 MARK LEANY DR HENDERSON NV 89011 -4038 39822 SPECIALTY VEHICLES, INC. * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * CUSTOMER PICK -UP * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CUSTOMER P.O. NUMBER TERMS SALES PERSON VERBAL JOSH NET 30 DAYS MIKE AKERS - #6A SHP VIA I COMMITMENT DATE CHASSIS SERIAL NUMBER CUSTOMER PICK UP PART NUMBER DESCRIPTION UNIT PRICE EXTENDED AMT. W/ VINYL TRIM 480.00 480.00 ++ + + + ++ PASSENGER SEAT SECTION + + + ++ TOTAL.PASS. 22.00 .00 .00 017 OAK SLAT SEAT- 35" DOUBLE (SEE FLOOR PLAN) 017.QTY 9.00 030 OAK SLAT FLIP SEAT- 35" 030.QTY 2.00 318.00 636.00 + ++ TRIM 2- UPHOLSTERY ++ I01 INTERIOR DRIVER'S MIRROR -6" X 9" (CONVEX ADJ. 4 WAY) .00 .00 I11 INTERIOR LIFT LIGHT (ABOVE LIFT) 25.00 25.00 I20 ADA EXTERIOR /INTERIOR SIGNAGE: ONE INTERNATIONAL WIC SYMBOL ONE PRIORITY SEATING DECAL & ONE MOBILITY AID DECAL -W /C POSITION 40.00 40.00 I25A COLORED FLOORING- SMOOTH W /RIBBED AISLE .00 .00 04 'RCA' TYPE TAN RUBBER BK BLACK BARYMAT ON DRIVER'S FLOOR I29 WHITE STEP NOSING -STD .00 .00 I30 WHITE STANDEE LINE 20.00 20.00 I36 ENGINE COVER (COLOR TO MATCH FLOORING) I46 ANGLED HANDRAIL- LEFT SIDE OF THE ENTRY (STD) I50 WOOD COVERED DASH - STD .00 .00 I34 OAK PANELING (FLOOR TO ROOF) ILO CARPET BELOW WINDOWS I49 MODESTY PANELS (2) - BEHIND ENTRY DOOR,& BEHIND DRIVER (LAMINATED) I78 (2) OVRHD BRASS HANDRAILS CONTINUED* STARTRANS 122222 SOLD TO: A SUPR&Pf& CORPORATION COMPA IVY PROD. NO. ORDER DATE SALES PERSON ORDER NO. PAGE # C0090017 7/06/12 2022 464127 5 PRINT DATE 7/06 12012 Loc 1701 * ** ACKNOWLEDGEMENT * ** SHIPM: 39822 SPECIALTY VEHICLES, INC. 440 MARK LEANY DR HENDERSON NV 89011 -4038 39822 SPECIALTY VEHICLES, INC. * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * CUSTOMER PICK -UP * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CUSTOMER P.O. NUMBER TERMS SALES PERSON VERBAL JOSH NET 30 DAYS MIKE AKERS - #6A SHP VIA I COMMITMENT DATE CHASSIS SERIAL NUMBER CUSTOMER PICK UP PART NUMBER DESCRIPTION UNIT PRICE EXTENDED AMT. T01 BACK UP ALARM .00 .00 T16 FIRE EXTINGUISHER (5 LB) SH SHIP LOOSE T16.QTY 1.00 .00 .00 T28 TRIANGLE REFLECTOR KIT SH SHIP LOOSE T28.QTY 1.00 .00 .00 T31 SAFETY KIT 16 UNIT SH SHIP LOOSE T31.QTY 1.00 .00 .00 E10 RADIO- AM /FM /CD /PA W /MIC .00 .00 E4S 2 -PR 24W STD SPEAKERS -STD LOCATION (1 PAIR FRONT, 1 PAIR REAR) M08 12 VOLT POWER PORT INSTALLED IN DRIVER'S AREA 75.00 75.00 M15 UNDERCOATING .00 .00 M60 BRASS CHIMES W/ PULL ROPE (INTERIOR SIDEWALLS) X10_ MIRRORS EXTERIOR .00 .00 TR VELVAC WEST COAST STYLE X15 4 "LIGHT BELOW LIFT DOORS -FLUSH MNT X15.QTY 1.00 45.00 45.00 X49 LED CENTER MOUNT BRAKE LIGHT (2X6) .00 .00 X18 CENTER MOUNTED HEADLIGHT .00 .00 X32 TURN SIGNALS- SIDE MOUNT- ARMORED (MID BODY) .00 .00 X45 LED MARKER LIGHTS 5 -FRONT & 7 -REAR .00 .00 X92 CUPOLA WINDOWS IN ROOF X50 WINDOW & CUPOLA ETCHED DECAL PKG. (ALL SIDE & REAR WINDOWS & UPPER CUPOLA WINDOWS) X94 BRASS BELL- EXTERIOR .00 .00 CONTINUED* STARTRANS 122222 SOLD TO: A SUPR&Pf& CORPORATION COMPA IVY PROD. NO. ORDER DATE SALES PERSON ORDER NO. PAGE # C0090017 7/06/12 2022 464127 6 PRINT DATE 7/06 12012 Loc 1701 * ** ACKNOWLEDGEMENT * ** SHIPM: 39822 SPECIALTY VEHICLES, INC. 440 MARK LEANY DR HENDERSON NV 89011 -4038 39822 SPECIALTY VEHICLES, INC. * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * CUSTOMER PICK -UP * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CUSTOMER P.O. NUMBER TERMS SALES PERSON VERBAL JOSH NET 30 DAYS MIKE AKERS - #6A SHP VIA I COMMITMENT DATE CHASSIS SERIAL NUMBER CUSTOMER PICK UP PART NUMBER DESCRIPTION UNIT PRICE EXTENDED AMT. Z08 NON STANDARD PAINT (PER QUOTE) "CROSSOVER PAINT CODE NUMBERS ARE OK, IF NEEDED" PAINT CODE: N007 -EX WHITE .00 .00 Z60 PAINT GRILL BLACK Z61 YELLOW PINSTRIPES & DESIGN * BODY NUMBER 81000 1.00 EA MISC OPTION .00 .00 OPTIONS END... ... ............................... f 121449.00 FOB Shipping Point FEDERAL EXCISE TAX MAY APPLY AT TIME OF INVOICING SIDE ,R TROLLEY SEAT SPACING -- 29" --1 SEAT SPACING 122 "KNEE SPACE 327" 307" (25' -7" OA BODY) 100" 158" 49" (2) FLIP SEATS 30 "TYP mill �- 4- 29" TYP c � � 36" 77" 228' AVAILABLE ON FORD F -53, MATERIAL. OISCEUSEU HEREON. NEITHER THIS DRAWING NOR ANY REPRODUCTION THEREOF MAY BE USED MISSION IN WRITING FROM SUPREME CORP. TO THE USER SPECIFICALLY REFERRING TO THE ORAWINC- BY DRAWN CA s,+ a " "° " " °� m CD *XTRANSITEgUN 465 6ISION MODEL: TR 26' FRTLINER M -- TITLE (OR COMMENTS): 18 + 4 PASS & 2 W C, REAR LIFT PART NUMBER: QUOTE DWG SCALE: '3/8 " = 1 DATE � � SERIES: FILE LOC & FILE NUMBER: T R O L- L_ EY S E R E E S TR26 MB65 18 +4P 2WC RL 3Y DATE L 1 SCALE: 1 " � Qg" May 14, 2013 Scott Aronson Parking Management Specialist City of Delray Beach 434 S. Swinton Ave Delray Beach, FL 33444 1p�W Ir SPECIALTY VEHICLES Dear Scott, Per my most recent email of Friday SVI, Inc. is pleased to submit the following quote to you for a 4 t identical unit. This unit is a unit currently in stock #C0090016. It is built per the attached build sheet and floorplan. The other features on this unit are as follows: ➢ New 2012 MB65 chassis ➢ 6.7 Cummins diesel engine ➢ Allison 2200 series Automatic Transmission ➢ Air brakes ➢ Leaf spring suspension ➢ Four (4) group 31 Alliance batteries ➢ 270 Amp Leece Neville Alternator ➢ Two color exterior paint scheme with graphics and stripping to match first 3 units ➢ Electric entrance door ➢ Brass grab rails and stanchions throughout trolley ➢ Interior brass passenger signals ➢ Interior wood sidewalls and ceiling ➢ Cow catcher ➢ Center brass headlight ➢ Brass bell on roof ➢ RCA transit flooring ➢ 25,000 BTU front driver air conditioning and heat ➢ 125,000 BTU front and read dual passenger air conditioning ➢ Full ADA ➢ Am /FM /CD /PA system ➢ Four (4) interior speakers ➢ PA system with hand held microphone ➢ 90 gallon fuel tank ➢ Front end alignment ➢ Engine alarm system ➢ Silicone heater hosted ➢ White standee line ➢ Shite step nosing ➢ Two (2) Luminator Vista destination signs ➢ Bike rack ➢ Back up camera 440 Mark Leany Drive, Henderson, NV 89on Telephone: 702 -567-5256 • Fax: 702 -567-3020 Email: info @specialtyvehicles.com • Website: www.specialtyvehicles.com Page 2 May 14, 2013 ➢ Spare tire and wheel ➢ Safety vision 4 camera system Price $150.000 FOB Delray Beach, Florida. Delivery time will be approximately 30 -40 days from receipt of PO Payment 50% at time of shipment, balance upon receipt of unit at city. Let me know if you need anything else. Thanks and best regards, Nancy Munoz 440 Mark Leany Drive, Henderson, NV 89on Telephone: 702 -567-5256 • Fax: 702 -567-3020 Email: info @specialtyvehicles.com • Website: www.specialtyvehicles.com Buses, Transit, Shuttle and Trams Page 1 of 4 A CONTRACT BETWEEN HOUSTON - GALVESTON AREA COUNCIL Houston, Texas AND SPECIALTY VEHICLES Henderson, Nevada This Contract is made and entered into by the Houston - Galveston Area Council of Governments, hereinafter referred to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, Specialty Vehicles hereinafter referred to as the CONTRACTOR, having its principal place of business at 440 Mark Leany Drive, Henderson, Nevada 89011. ARTICLE 1: SCOPE OF SERVICES The parties have entered into a Buses, Transit, Shuttle and Trams Contract to become effective as of January 1, 2011, and to continue through December 31, 2013 (the "Contract "), subject to extension upon mutual agreement of the CONTRACTOR and H -GAC. H -GAC enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the purchase of Buses, Transit, Shuttle and Trams offered by the CONTRACTOR in states other than Texas. The CONTRACTOR agrees to sell Buses, Transit, Shuttle and Trams through the H -GAC Contract to END USERS in states other than Texas. ARTICLE 2: THE COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precedence: 1. The text of this Contract form including, but not limited to, Attachment A 2. General Terms and Conditions 3. Bid Specifications No:BT01 -11, including any relevant suffixes 4. CONTRACTOR's Response to Bid No: BT01 -11, including but not limited to, prices and options offered All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL AUTHORITY CONTRACTOR and H -GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies, where applicable, have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives, issuances, ordinances, and laws in effect or promulgated during the tern of this Contract. ARTICLE 5: INDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H -GAC or CONTRACTOR. No provision of this Contract or act of H -GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H -GAC, the State of Texas or the United States Govermnent. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H -GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the term of said Agreement may exceed the tern of the H -GAC Contract. However this acknowledgement is not to be construed as H -GAC's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H -GAC contract. Further, termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terns and duration. The only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with END HACONTRACTS\Buses, Transit, Shuttle and Trams \Specialty Vehicles \13T01-1 1.8 Buses, Transit, Shuttle and Trams Pale 2 of 4 USERS pursuant to this Contract. Applicable H -GAC order processing charges will be due and payable to H -GAC on any End User Agreements surviving termination of this Contract between H -GAC and CONTRACTOR. ARTICLE 7: SUBCONTRACTS & ASSIGNMENTS CONTRACTOR agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written notice to H -GAC. H -GAC reserves the right to accept or reject any such change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H -GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS CONTRACTOR shall maintain during the course of its work, complete and accurate records of items that are chargeable to END USER under this Contract. H -GAC, through its staff or its designated public accounting firm, the State of Texas, or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR. Failure to provide access to records maybe cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period ofnot less than five (5) calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation, audit or claim has been resolved. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. CONTRACTOR further agrees to include in all subcontracts under this Contract, a provision to the effect that the subcontractor agrees that H -GAL'S duly authorized representatives, shall, until the expiration of five (5) calendar years after final payment under the subcontract or until all audit findings have been resolved, have access to, and the right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 9: REPORTING REQUIREMENTS CONTRACTOR agrees to submit reports or other documentation in accordance with the General Tenns and Conditions of the Bid Specifications. If CONTRACTOR fails to submit to H -GAC in a timely and satisfactory manner any such report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract. ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR, at any time during this Contract, routinely enters into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products /services offered to H -GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H -GAC, CONTRACTOR shall notify H -GAC within ten (10) business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date of the most favorable contract, wherein CONTRACTOR shall provide the same prices, warranties, benefits, or ternis to H -GAC and its END USER. H -GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently more favorable price, warranty, benefit, or term charged and /or offered a customer during the tern of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten (10) business days notify H -GAC in writing, setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment, is not in fact most favored treatment. H -GAC, after due consideration of such written explanation, may decline to accept such explanation and thereupon this Contract between H -GAC and CONTRACTOR shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terns to H- GAC. The Parties accept the following definition of routine: A prescribed, detailed course of action to be followed regularly; a standard procedure. EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder, or contractor, which are not within bidder's control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 11: SEVERABILITY All parties agree that should any provision of this Contract be detenrrined to be invalid or unenforceable, such determination shall not affect any other tern of this Contract, which shall continue in frill force and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions of fact or of law arising under this Contract, which are not disposed of by agreement, shall be decided by the Executive Director of H -GAC or his designee, who shall reduce his decision to writing and provide notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, CONTRACTOR requests a rehearing from the Executive Director of H -GAC. In connection with any rehearing under this HACONTRACTS\Buses, Transit, Shuttle and Trams \Specialty Vehicles \BT01 -11.8 Buses, Transit, Shuttle and Trams Page 3 of 4 Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H -GAC'S final decision. ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR's total liability tinder this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indernnify H -GAC described in Article 14, is limited to the price of the particular products /services sold hereunder, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the fill extent such use may be disclaimed by law. CONTRACTOR tuiderstands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H -GAC , its independent auditors, or any agency of State or Federal government to have been paid in violation of the teens of this Contract. ARTICLE 14: LIMIT OF H -GAC'S LIABILITY AND INDEMNIFICATION OF H -GAC H -GAC's liability tinder this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H -GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the frill extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H -GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgments, and liens arising as a result of CONTRACTOR's negligent act or omission tinder this Contract. CONTRACTOR shall notify H -GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE 15: TERMINATION FOR CAUSE H -GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terrns and /or conditions ofthe Contract; provided that H -GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty (30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction, then H -GAC may, at its option, place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H -GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE Either H -GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty (30) days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed; to the extent said services are satisfactory to END USER. CONTRACTOR shall pay to H -GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H -GAC, the State of Texas, and the acts and regulations of any funding entity. CONTRACTOR agrees to notify H -GAC of any suspected fraud, abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity. ARTICLE 18: GOVERNING LAW & VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Harris County, Texas. Disputes between END USER and CONTRACTOR are to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall immediately notify H -GAC of such disputes. ARTICLE 19: PAYMENT OF H -GAC ORDER PROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terns of this Contract, including, but not limited to, the payment of the applicable H -GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR, H -GAC will invoice CONTRACTOR for the applicable order processing charge. Upon delivery of any product/service by CONTRACTOR and acceptance by END USER, CONTRACTOR shall, within thirty (30) calendar days or ten (10) business days after receipt of payment, whichever is less, pay H -GAC the full amount of the applicable order processing charge, whether or not CONTRACTOR has received an invoice from H -GAC. For sales made by CONTRACTOR based on this contract, including sales to HACONTRACTS\Buscs, Transit, Shuttle and Trams \Specialty Vehicles \BTO1 -11.8 Buses, Transit, Shuttle and Trams Page 4 of 4 entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H -GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H -GAO's Cooperative Purchasing Program to execute an H -GAC Interlocal Contract. H -GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H -GAC's order processing charge. In no event shall H -GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. ARTICLE 20: LIQUIDATED DAMAGES Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is placed. ARTICLE 21: PERFORMANCE BONDS FOR INDIVIDUAL ORDERS Except as described below for fire apparatus, CONTRACTOR agrees to provide a Performance Bond at the request of END USER within ten (10) days of receipt of END USER's purchase order. It shall be standard procedure for every order received for fire apparatus that a Performance Bond in the amount of the order be provided to the END USER. Failure of CONTRACTOR to provide such performance bond within ten (10) days of receipt of END USER's order may constitute a total breach of contract and shall be cause for cancellation of the order at END USER's sole discretion. END USER may choose to delete the requirement for a Performance Bond at END USER's sole discretion. If the bond requirement is waived, END USER shall be entitled to a price reduction conmlensurate with the cost that would have been incurred by CONTRACTOR for the bond. ARTICLE 22: CHANGE OF CONTRACTOR STATUS CONTRACTOR shall immediately notify H -GAC, in writing, of ANY change in ownership, control, dealership /franchisee status, Motor Vehicle license status, or name, and shall also advise whether or not this Contract shall be affected in any way by such change. H -GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Contract. ARTICLE 23: LICENSING REQUIRED BY TEXAS MOTOR VEHICLE BOARD [IFAPPLICABLEI CONTRACTOR will for the duration of this Contract maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Contract period, any CONTRACTOR'S license is not renewed, or is denied or revoked, CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H -GAC upon request. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives. Signed for Houston - Galveston Area Council, Houston, Texas: Director Attest for Houston - Galveston Area Council, Houston, Texas: Services /� ,20/. Signed for Specialty Vehicles Henderson, Nevada: Printed Name & Title: lwa c)nzz G f L-j Date: _ 20_ Attest for Specialty Vehicles Henderson, Nevada: Printed Name & Title: J _o6 R m"A - Date: B ° r 20/0 H:\CONTRACTS\Buses, Transit, Shuttle and Trams \Specialty Vehicles \BTO1 -11.8 STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 01 12"30-01 PUBLIC TRANSPORTATION Wi l Page 1 of 3 Financial Project No.: Fund: DPTO FLAIRApprop.: 088774 427853- 1 -84 -01 1427853- 1 -94 -01 Function: 680 FLAIR Obj.: 750013 (item- segment - phase sequence) Federal No.: NIA Org. Code: 55042010429 Contract No.: AQN62 DUNS No.: 80- 939 -7102 Vendor No.: F59600030802 CFDA Number: NIA CSFA Number: 55.013/55,012 E THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Delray Beach 434 S. Swinton Avenue, Delray Beach, FL 33444 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 22 nd day of May , 2012 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 723,515.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas within the City of Delray Beach. ' ,72 5-030 -07' PUBLC TRMSPORTATEON_, 611 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is a increased O decreased by $ 900,000.00 _ bringing the revised total cost of the project to $ 1,098,515.00 Paragraph 4.00 of said Agreement is 0 increased O decreased by $ 525.000.00 bringing the Department's revised total cost of the project to $ 723.515.00 3.00 Amended Exhibits: Exhibit(s) A & B of said Agreement is amended by Attachment "A ". 4.00 Contract Time: Paragraph 18.00 of said Agreement 05129/2015 . 5.00 E- Verify: Vendors /Contractors: 1. shall utilize the U.S. Department of homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 72 &03407 ` PUBLIC TRANSPORTATION 6M Page 3 of 3 Financial Project No. 427853- 1 -84 -01 / 427853- 1 -94 -01 Contract No. AQN52 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 05/2212012 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT City of Delray Beach See attached Encumbrance Form for date of Funding AGENCY MME Approval by Comptroller i" SIGNATORY (PRINTED ORT ED) LEGAL REVIEW DEPARTMEtff OF TRANSPORTATION _ SIGNATURE DEPART►iFNT OF TRANSPORTATION ` \r`- Director of Transportation Development TITLE TITLE Approved as to form and legai sufficiency: By _- City Attttorney Financial Project No. 427853- 1 -84 -01 1427853- 1 -94 -01 Contract No. AQN52 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and City of Delray Beach 434 S. Swinton Avenue, Delray Beach, FL 33444 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Funding for trolly purchase, transit and route improvements and enhancements along Old Germantown Road and transit areas within the City of Delray Beach. Fund will be utilized to purchase the 4th trolley, extend service to Tri Rail in the evening and run a 2nd trolley during weekends. Funds are combined by $150,000.00 Transit Corridor fonds for capital at 100% and $375,000.00 Service Development funds for operating at a 50 %150% match. Federal: $ $ $ Total Project Cost $198,515.00 $1,098,515.00 $900,000.00 Comments. SPECIAL. CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, f=inancial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. 1.) Please submit quarterly reports through TransCIP. 2.) Please send an invoice every three months. 3.) Upload any route data, maps, ridership logs into TransCIP under the appropriate project number. 4.) On -site visits may be required by District FDOT project manager. Page 9 of 2 As Approved As Amended Net Change l' Project Cost $198,515.00 $1,098,515.00 $900,000.00 As Approved As Amended Net II. Fund DPTO DPTO DPTO Department Transit Corridor & Service Funds: $198,515.00 $723,515,00 $525,000.00 Agency: $0 $375,000.00 $375,000.00 Federal: $ $ $ Total Project Cost $198,515.00 $1,098,515.00 $900,000.00 Comments. SPECIAL. CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, f=inancial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. 1.) Please submit quarterly reports through TransCIP. 2.) Please send an invoice every three months. 3.) Upload any route data, maps, ridership logs into TransCIP under the appropriate project number. 4.) On -site visits may be required by District FDOT project manager. Page 9 of 2 RESOLUTION NO, 23-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE SERVICE DEVELOPMENT FUNDING TO THE CITY OF DELRAY BEACH TO ENHANCE AND /OR EXPAND THE DOWNTOWN TROLLEY SERVICES LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Delray Beach Florida desires to approve the Joint Participation Agreement with the State of Florida Department of Transportation to provide service development funding to the City of Delray Beach to enhance and /or expand the downtown trolley services located within the City of Delray Beach. WHEREAS, the City Commission authorizes the execution of the Agteeinent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1, That the recitals set forth are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry in the Joint Participation Agreement, related to Financial Pro .ject No. 427853- 1- 84 -01, between the City and the Florida Department of Transportation and authorizes the execution thereof. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: DPTO FLAI R Approp.: 088774 427853- 1 -84 -01 Function: 680 FLAIR Obj.: 750013 (item- segment - phase - sequence) Federal No.: NIA Org. Cade: 55042010429 Contract No.: Q'5a— DUNS No.: 80- 939 -7102 Vendor No.: F59600030802 CFDA Number: NIA CSFA Number: 55.013 ii� THIS AGREEMENT, made and entered into this 2 day of R(W 725 - 030 -OS PUBLIC TRANSPORTATION 6111 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Delra Beach _ 434 S. Swinton Avenue Delr2y Beach FL 33444 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 05/29/2015 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and:the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas within the City of Delray Beach. and as further described in Exhibit(s) A B. C., D attached hereto and by this reference made apart hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Page l of 14 725- O30.0i FUBL1O l RANSPORTA71ON 511# 2.€30 Accomplishment of the Project 2.90 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a' part hereof this Agreement, with all practical dispatch,. in a sound, economical, and efficient manner, and in accordance with the provisions-herein, and all applicable laws. 2,20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement; the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30-Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds far completion of the project. 2,40 Submission of Proceedings, Contracts and Other Documents, The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost-. The total estimated cost of the project is $ 198.515.00 _ This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement_ The Agency agrees to bear all expenses in excess of the.total estimated cost of the project and any deficits Involved. 4.00 Department Participation. The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 198.515.00 as detailed in Exhibit "B" or in an arnount equal to the percentage(s) of total project cost shown in' Exhibit "IT', whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from thof effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Ayailabilifyr of funds as stated in Section 17.00 of this Agreement,- (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding . Front end funding D is 9 is not applicable_ If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4,00. 5.00 Retainage: Retairiage D is Q is not applicable. If applicable, 0 percent of the department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Do partment's discretion, on or before the completion of the final project audit. Page 2 of 14 72F -MMD PUDUC TRANSPOkTAMON x'11 6.D4 Project Budget and Payment Provisions: BAO The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6,20 Payment Provisions: Unless otherwise allowed under Section 420, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement Payment wilt be made for actual costs incurred as of the date the lnvoice, is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelineslprocedures and "Principles for State and Local Govemments ", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made avallable to the Department upon request any time during the period of the Agreement and for three years after final payment is shade. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by A from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein co €lectively referred to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State .Law for the security of public funds, or as approved by the Department_ 7.30 Costs Incurred for the Project: The Agency shall charge to the prefect account alt eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs_ 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.511 Checks, Orders, and Vouchers: Any check or order drawn by the.Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a. properly- signed voucher then on file in the office of the Agency stating in proper detail the-purpose far which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily access €ble, and, to the extent feasible, kept separate and apart from all other such documents_ 7.60 Audit Deports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews; investigations, or audits deemed necessary by the State Comptroller or Auditor General_ The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state efficial_ The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. PMo3of 14 725MCIOS PUBLIC TRAKSP©RTATION Til 7.61 Monitoring: In addition to reviews of audits conducted in accordanca with OMB Circular A-133 and Section 295.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, andlor other procedures, The Agency agrees to comply and cooperate fully with any monitoring procedures /proodsses deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDO'f's Office of Inspector General (DIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits,. Part 1 Federally Funded: if the Agency is a state, local government, or non -profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply_ 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A-933, as revised. Exhibit " UI to this agreement indicates Federal resources awarded through the Department by this agreement_ In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2_ In connection wlth the audit requirements addressed in Part,l, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133_ 3_ If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A -133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4_ Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award'number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the fol[m ing annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.559 (local governmental entities) or 10 -650 (nonprofit and for - profit organizations), Rules of the Auditor General_ Exhibit "D" to this agreement indicates state fi.nanc;ial assistance awarded through the Department by this agreement_ In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance; received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include f=ederal direct or pass - through awards and resources received by a honstate entity for Federal program matching requirements_ 2. In connection "with the audit requirements addressed in Part 11, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3, if the recipient expends less than the amount in Part if, Paragraph 1 _, such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate eirtities- 4. State awards are to be identified using the Catalog of State Financial Assistance'(CSFA) title and number, award number and year, and name of the state agency awarding it. N;te 4 of 14 725-M) LOS PUBLIC TRANSPORTATION Part III Other Audit Requiremelnts 1, The Agency shall follow -up and take corrective action on audit findings. Preparation of a.summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required, Current year audit findings require corrective action and status of findings. 2 Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved_ Access to pro)ect "records and audit work papers shall be given to the DeparhT ent, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Departrent to conductor arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official- Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Section 7.622 Parr I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 `cutest Commercial Boulevard, Fort Lauderdale Florida, 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, submitted to the following address; Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C_" Other Federal agencies and pass through entities in accordance with Sections .320 (e) and (t), QMB Circular A -133. 2_ In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A -133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A -133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 3400 West Commercial Boulevard , Fort Lauderdale Florida, 33309 In addition, pursuant to Section .320 (f), OMB Circular-A-133, as revised, the rdcipient shall submit a copy of the reporting package described in Secton .320 (c), OMB Circular A -133, and any management letters issued by the auditor, to the 13epaTtment at each of the following addresses: 3400 West Commercial Boulevard , Fort Lauderdale Florida, 33309 Page 5 of 14 725.030-00 PUBLIC TRANSPORTATION sm 3. Copies of financial reporting packages required by Section 7.52 Part it of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A_ The Department at each of the following addresses: 34003 Vilest Commercial Boulevard, Fort Lauderdale Florida, 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 323991450 4. Copies of reports or the management letter required by Section 7.62 Part Ill of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 3400 West Commercial Boulevard , Fort Lauderdale. Florida, 33349 5" Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OM3 Circular A -133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 13-650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-1 33 or Chapters 90.550 (local govern mental enffties) or 1:0.650 (nonprofit and for - profit organizations), Rules of the Auditor General; should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention,, The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report: is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shalt ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in wri€ing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the' Department upon request. Records of costs incurred include the Participant's general accaunfing records and the project records, together with supporting documents and records, of the contractor and a €I subcontractors performing work on the project,. and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: if an audit discloses any significant audit-findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary" The Agency shall take timely and appropriate corrective action to any audit findings, recommendations and corrective action plans. Pup 6 ur 14 725930 -ee PUBLIC TRANSPORrA€iON Gilt 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a oe Jcatiorn that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event.of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8A0 Requisitions and Payments: . 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard , Fort Lauderdale , FL, 33309 -3421 its requisition on a form or forms prescribed by the Department, and ahy other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and ,postaudit thereof. 8.12 Invoices for anytravel expenses shall be submitted in accordance with Chapter 112061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S_ 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration- paid for real property. (c) • a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance % th all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency aoquiring the real property_ 8.20 The Department's Obligatiione: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Deparment may elect by notice in writing not to make a payment on the project if_ 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8,22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; B-24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 De cult: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance, to the project suspends or terminates federal financial assistance to the project In the event of suspension or termination of federai financial assistance, the Agency will reimburse the Department for all disallowed costs, inciuding.arry and all federal financial assistance as detailed in Exhibit "B." Page 7 or l.A PUBuC TRANSPORTATION 6111 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has wish the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason. of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any oftr reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required ordesirable-to keep to the minimum the costs upon the basis ofwhich the financing its to be computed-, (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costa; and ($)_remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time- The approval of a remittance by the Agency or the closing out of federal financial participation in the project. shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 319, 1= -S- and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision -for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Deparhent its share of any unexpended balance in the project account. 41.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and tc audit the books; records and accounts pertaining to the financing and development trf the project 42.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall -not execute any contract or obligate itself in any manner requiring the disbursement of Departmentjoint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with anythird party with respect to the project without the written approval of the Department Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 5 -23, The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employrmert of the same. rage 5.114 725 -tea -os Puwc TRANVORTA"i3 N V11 12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by1he parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants.' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance With the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement, In this regard, all'redpients, and contractors shall take all necessary and reasonable steps in accordance with 49 GFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts_ Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted Contracts. The recipient shall not discriminate on the basis of race, color; national origin, or sex in the award and performance'of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 GFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipients DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated, by reference in this agreement. implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sarictions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C_ 1001 andlor the Program Fraud Civil Remedies Act of 1586 (31 U.S.C_ 3801 of seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 GFR Part 26 filed Linder this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race,.age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during ernplbymor t, without regard to their race, age, creed, color, sex, or natipnal origin. Such action shall include, but not be limited to, the following-. Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular oontractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require alt such contractors to insert a similar provision in all subcontracts, except subcontracts for standard cormercial supplies or raw materials_ When the project involves installation, construction, demolition, removal, site improvement, dr similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Ili of the Civil Rights Act of 1964 (42 U_S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title Vlll - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Bights Act of 1968, 42 USC 3601,et sec{., which among other things, prohibits discrimination in housing on the basis of race, color; national origin, creed, sex, and age. page 9 of 14 72>030.0e PUBLIC TRANSPORTATION evil 13.40 Arnericans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited interests: The Agency shall not enter into a contract or arrangement in connection % ith the project or any property included or planned to be included in the project, with any officer, _director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity_ The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency_ 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom_ 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non - compliance with applicable environmental regulations: including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then, exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not ba affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law, Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Page 10 of 14 725- r>aaos PLWO MNSPORTA71ON 6111 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life, of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the projectfacilities and equipment in good working order for the useful life of said facilities or equipment. 94.71 Prop" Records- The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applcabie. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipmentfor public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to properly, management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facil ty or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided In this Agreement_ 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees. will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent acf by the Department or any of its officers, agents, or employees during the performance of the Agreement When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forvwatd the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen {14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the Claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the'claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if Oly one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 45.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department wilt review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose- 1117.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation. to pay under this Agreement is contingent upon an annual appropriation by the Legislature_ Page 11 of 14 725 -05CA6 PUBLIC 7RAhl MRTATION 6111 17.20 Multi -Year Commitment- In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapfer 339.136(6)(2), F.s., are hereby incorporated: `(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of r coney in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract; verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract The Department shall require a statement frorsi the comptroller of the Department that Funds are available prior to entering into any such contract or other binding commitment of funds- Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to he rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." . 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 0512912015 . if the Agency does not complete the project within this time period, this Agreement Will expire unless an exlension of the time period is requested by the Agency and granted in writing by the District Director of Transportation Develo meet . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this prgect.to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format_ All words used herein in the singular form shall extend to and include'the plural- All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders - 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying- 21.10 Federal. The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal 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 contact, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement_ If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer of employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Loi>bying," in accordance with its instructions. The Agency shall require that the language of this section be.included in the award documents for all subawards at all tiers (including subcontracts, subg €ants, and contracts under grants, loans and cooperative agreements} and that ali subrecipfents shall certify and disclose.accordingly- 21.21) State: No funds recelVed pursuant to this contract may be expended for lobbying the Legislature or a state agency- Page 120 56 7zsaaarn PmHr M- NSPORTATION &111 22.00 Vendors 12ights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the.foilcim ing time frames. Upon receipt, the Department has fire (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved_ If a payment is net available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to. the invoice amount to the Agency_ The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment_ I nvoices which have to be returned to an Agency because of vendor preparation errors will result !n a delay in the payment. The invoice payment requirements do not start unfit a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services_ The duties of this individual include acting as an advocate for Agencies who maybe experiencing problems in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of Financial Services Hotline, 877 -693 -5236_ 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on laases of real property to a public entity, may not be a_ warded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. . 24,00 Discrimination: ,An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract wish a public entity for the construction or repair of a public building or public work, may not submit bids. on leases of real property to a - public entity, may not be. awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00E Verify: Vendors/Contractors: 1, shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the VendorJContractor during the term of the contract, and 2, shall expressly require any subcontractors performing worts or providing services pursuant to the state contract to likewise utilize the U-S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term_ Page 13 of 14 7?5A30 -o6 PUBLIC TRAMPORTATiON 6131 Financial Project No. 42785371 -8"1 Contract No. A A Agreement Date 5 2-2-112, IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above + arriitten. AGENCY City of Delray Beach AGENCY NAME FDOT See atta .ad Encurnbrance F rm for date of Funding 'Approv�t''by Compi3-atler ��7 y We AL REVIEW. DEPARTMD 6FTRANS€'aRTATiDN �_��•� ""p PEPAR NT OF TRANS RTATIDM District Director of Transportation Development TFLE Apprc)ved as W 16 W legat city Attoffity Page 14e 14 Financial Project No. 427853- 1$4-01 Contract No. Agreement Date % 2-2— 2— EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Delray Beach 434 S_ Swinton Avenue Delray Beach FL 33444 referenced by the above Financiai Project Number. PROJECT LOCATION: Palm Beach County, Florida PROJECT DESCRIPTION: Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas within the City of Delray Beach. SPECIAL CONSIDERATIONS BY AGENCY: The audit repor€(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. 1_) Please submit quarterly reports through TransClP. 2.) Please send an invoice every three months. 3.) Upload any route data, maps, ridership logs into TranSCIP under the appropriate project number. 4.) On -site visits may be required by District FOOT project manager. SPECIAL CONSI DERAT] ONS BY DEPARTMENT: Page I of I Financial Project No, 42785531t-1 4-01 Contract No_ _ A aN gs Q. Agreement Date -5 / 2-2 i 2- EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral pars: of that certain Joint Participation Agreement between the Siate of Florida; Department of Transportation and City of Delray Beach 434 S_ Swinton Avenue, Delray Beach, FL 33444 _ referenced by the above Financial Project Number. I. PROJECT COST. ' $198 515.OD TOTAL PROJECT COST: It, PARTICIPATION: Maximum Federal Participation Agency Participation In -IGnd Gash Other Maximum Department Participation, Primary DPTOIDS Federal Reimbursable Local Reimbursable TOTAL PROJECT COST: $198,515.00 %'• or $ ( %) or $ ( %) or $ { %) or $ ( 100 %) or $ 198,515.00 ( %) or $ ( %) or $ $19B,515.00 Page 1 of I Financial Project No_ 427853-1 -84 -01 Contract No, _ P" G 5L Agreement [late 512-2-1(2— EXHIBIT "C" (GENERAL -- with Safety Requirements) This exhibit forms an 'integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and 4City of Delray Beach 434 S_ Swinton Avenue Delra Beach FL 33444 referenced by tho above Financial Project Number. Reference statutes as applicable. Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X Bus Transit System - I n accordance with Florida Statute 341.061, and Rule 14-50, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety oertification that the Agency has adapted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14 -90 and has performed annual safety inspections of all Buses operated. _ Fixed Guideway Transportation. S stern - (estabiished) In accordance i ith Rorida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, pursuant to Rule Chapter 1455. Fixed Guideway Transportation System - (new) In accordance with Florida Statute 341.061, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Mule Chapter 1455_ Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the system is safe for passenger service. Rage 1 of 1 Financial Project No. 427853 -1 -84-01 Contract No. d-. Agreement bate EXHIBIT "D" FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. if the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc... ) NOTE: Instead of listing the specific compliance 'requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, e €c. The State awarding agency, if practical, may waritto attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title ) Amount Compliance Requirements STATE RESOURCES State Agency Catalog of. State Assistance (Number TgLeA Amount FDOT D4 55.413 $108,515 Compliance Rec€Wrements Authorization. Chapter 341, Florida Statutes Objectives: To fund cost effective methods of relieving congestion and improving capacity within a transit corridor. Types ©fAssistanoe: Grants Applicant Type: Local Government Restrictions: Department. participation shall be based on docurrtentation by the Department fhat the project is the most cost - effective method of relieving congestion and improving capacity within the identified corridor. As funding allows, this program will consider improvements on facilities designed to prevent there from becoming constrained. Matching Resources for Federal Programs Federal Agency Catalo of Federal Domestic Assistance (Number .& Title Amount Corn €iamce Re uirements NOTE. Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient, Page 1 of 1 _ MEMORANDUM � V TO: Mayor and City Commissioners FROM: Patsy Nadal, Purchasing Manager David Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 18, 2013 SUBJECT: AGENDA ITEM 8.N.3 - REGULAR COMMISSION MEETING OF JULY 25, 2013 BID AWARD /MULTIPLE VENDORS City Commission is requested to approve multiple purchasing awards for medical & drug supplies for the Fire Department and Highland Beach via the cooperative Purchasing bid from the City of Boynton Beach Bid #064 - 2210- 13 /JMA, at an estimated annual cost of $260,760., for the City of Delray Beach Fire Department to be ordered "as needed" and $14,924 estimated for the balance of the fiscal year 12/13. BACKGROUND The City of Boynton Beach is the lead entity for this joint bid with the City of Delray Beach for medical and drug supplies. These are warehouse stocked supplies that are used by the Fire Department's Emergency Medical Services Staff and are ordered "as needed ". Bids were received by the City of Boynton Beach on May 16, 2013, from six (6) vendors, all in accordance with City's purchasing policies. The bid contained 237 items that were divided into seven groups. Per Bid "Special Conditions" the City of Delray Beach intends to award by group. Primary and secondary vendors are identified by group. A secondary vendor is named in the event the primary vendor cannot supply the required term in a timely manner, the Warehouse would then contact the secondary vendor. (Boynton Beach Bid #064 - 2210- 13 /JMA Documentation on file in the Purchasing Office). The bids have been reviewed by Kevin Green, Assistant Chief of Operations and Steven Anderson, EMT -P, and Division Chief Emergency Medical Services Fire - Rescue City of Delray Beach. Recommended Vendors: Group 1 - Airway Management Equipment and Supply: Primary — Midwest Medical Supply Co., Inc. Secondary — Bound Tree Medical, LLC Group 2 Intravenoues Supplies: Primary- Bound Tree Medical Supply Secondary- Midwest Medical Supply Co., Inc. Group 3- Medications Primary- Bound tree Medical Supply Secondary- MidwestMedical Supply Co. Inc. Group 4 - Diagnostics and Instruments Primary- Keaton Healthcare, Inc. Secondary- Henry Schein, Inc. Group 5 - Splints, Immoblization Supplies and Equipment Primary- Quadmed Inc. Secondary- Bound Tree Medical Supply Co., Inc. Group 6 - Bandages and Dressings Primary- Henry Schein, Inc. Secondary- Midwest Medical Supply Co., hie. Group 7- Infection Control Equipment and Supplies Primary- Henry Schein, Inc. Secondary- Bound tree Medical, LLC By utilizing the pricing established in the joint bid with the City of Boynton Beach, the City of Delray Beach Fire Department EMS will be provided with medical supplies and medications from the recommended vendors at the lowest, competitive prices. The bids may be renewed at the same terms, conditions and prices for two (2) one -year extensions subject to vendor acceptance satisfactory performance and determination that renewal will be in the best interest of the City. FUNDING SOURCE 001 - 2315 - 526.52 -16 - Public Safety Operating Supplies 001 - 2313 - 522.52 -16 -Highland Beach Public Safety Operating Supplies RECOMMENDATION Fire Department recommends award to various primary and secondary vendors as listed per Cooperative BID #064 - 2210- 13 /JMA, at an estimated annual cost of $260,760 and $14,924 estimated for the balance of the fiscal year 12/13. for the purchase medical and drug supplies the City of Delray Beach Fire Department and Highland Beach., to be ordered as needed. Nadal, Patsy From: Green, Kevin Sent: Thursday, July 18, 2013 3:54 PM To: Nadal, Patsy Subject: FD Medical & Medication Supplies Patsy: The Fire Department concurs with the acceptance of the Boynton Beach Vendor Selection for Annual Medical and Medication Supplies, Bid #046 - 2210- 13 /IMA. Please don't hesitate to contact me shou�4 pi have any further questions or concerns. Regards, Kevin L. Green Assistant Chief of Operations Delray Beach Fire Rescue Dept. (561) 243 -7412 Office (561) 635 -3991 Mobile greenk@mydelraybeach.com Nadal, Patsy From: Anderson, Steven Sent: Tuesday, July 16, 2013 1:28 PM To: Nadal, Patsy Subject: EMS Supplies Projection > Good Afternoon Patsy, > > The following information is my projection for EMS Supplies (52 -16) expenses for remainder of FY12/13 and my request for FY 13/14. > FY 12/13- $14,923.65 ($3,108.19 -HB; $11,815.46 -OPS) > FY13/14 is $260,760 ($30,190 -HB; $230,570 -OPS) > I'm at state meetings for the rest of the week and can be reached if needed by either email or cell phone. • Respectfully, • Steve Anderson, EMT -P • Division Chief • Emergency Medical Services • Delray Beach Fire - Rescue • 501 W. Atlantic Avenue > Delray Beach, FL 33444 > (561) 243 -7440 Office > (954) 242 -6180 Cell > (561) 243 -7461 Fax 7. A BIDS AND PURCHASES OVER $100,000 July 2, 2013 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM .1 COMMISSION MEETING DATE: July 2, 2013 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTSIPRESFNTATIONS ❑ UNFINISHED BUSINESS ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ® BQS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LFGAL SETTLEMENTS REQUESTED ACTION SY CITY COMMISSION: Approve award for the "Annual Supply of Medical and Medication Supplies ", Bid No. 046- 2210- 131JMA to Bound Tree Medical, LLC; Henry Schein, Inc.; Kentron Healthcare, Inc.; Midwest Medical Supply Co, Inc. and Quadmed, Inc. , as the lowest, most responsive, responsible bidders for a projected annual expenditure of $110,000.00. Items will be ordered on an "As Needed" basis. BID TERM: JUL Y 3, 2013 TO JUL Y 2, 2014 EXPLANATION OF REQUEST: The City of Boynton Beach is lead agency on this joint bid with the City of Delray Beach for medical and medication supplies, These are Warehouse stocked supplies that are used by the Fire Department's Emergency Medical Services Staff and are ordered "As Needed ". On May 16, 2013, Procurement opened six proposals. The bid contained 237 items that were divided into seven groups. Per Bid "Special Conditions" the City of Boynton Beach intends to award by Group. A primary and a secondary vendor are identified by group. A secondary vendor is named in the event that a primary vendor cannot supply the required item in a timely manner, the Warehouse would then contact the secondary vendor. Group 1 -- Airway Management Equipment and Supply Primary - Midwest Medical Supply Co., Inc. Secondary — Bound Tree Medical, LLC Group 2 — Intravenous Supplies Primary - Bound Tree Medical, LLC Secondary— Midwest Medical Supply Co., Inc. 224 of 350 Group 3 — Medications Primary - Bound Tree Medical, LLC Secondary— Henry Schein, Inc. Group 4 — Diagnostics and Instruments Primary - Kentron Healthcare, Inc. Secondary — Quadmed, Inc. Group 5 — Splints, Immobilization Supplies and Equipment Primary - Quadmed, Inc. Secondary— Bound Tree Medical, LLC Group 6 — Bandages and Dressing Primary - Henry Schein, Inc. Secondary — Midwest Medical Supply Co., Inc. Group 7 — Infection Control Equipment and Supplies Primary - Henry Schein, Inc. Secondary — Bound Tree Medical, LLC This bid may be renewed at the same terms, conditions, and prices for two one -year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. FY 2012/2013 Expenditures to date - $80,716.00 FY 2011/2012 Expenditures - $93,966.00 How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By utilizing the pricing established in this joint bid with the City of Delray Beach, the City of Boynton Beach Fire Department EMS will be provided with medical supplies and medications from the recommended vendors at the lowest, competitive prices. FISCAL IMPACT: Funds are budgeted for these items under Fire Department account number 001 -2210- 522- 52 -66. ALTERNATIVES: These supplies are required to operate the City's Emergency Medical Services. Staff has reviewed other procurement methods and does not have any alternatives to suggest other than to re -bid these items. 225 of 350 The City of Boynton Beach July 3, 2013 Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone No: (561) 742 -6310 FAX: (561) 742 -6316 Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. Dublin, OH 43016 ATTN.- Mark Dougherty, CFO RE: ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES Dear Mr. Dougherty: At the City Commission meeting of July 2, 2013, the award for the "Annual Supply of Medical and Medication Supplies ", Bid No. 046 - 2210- 131JMA was awarded in part to Bound Tree Medical, LLC. The contract period is July 3, 2013 to July 2, 2014. Per Bid "Special Conditions ", award was made by Group to a Primary and Secondary Vendor. Bound Tree has been awarded the following Groups: PRIMARY VENDOR Group 2 — Intravenous Supplies — Bound Tree Medical, LLC Group 3 — Medications — Bound Tree Medical, LLC SECONDARY VENDOR Group 1 — Airway Management Equipment and Supply— Bound Tree Medical, LLC Group 5 — Splints, Immobilization Supplies and Equipment — Bound Tree Medical, LLC Group 7 — Infection Control Equipment and Supplies — Bound Tree Medical, LLC We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for responding to this Bid, and we look forward to working with Bound Tree Medical for another year. If you have any questions, please do not hesitate to contact Julianne Alibrandi at (561) 742 -6322. Sincere) e `] Tim W. Howard Director of Financial Services encl: Bid Tabulation, Schedule of Pricing, Agenda Item Request cc: Patsy Nadal - Purchasing Agent, City of Delray Beach Michael Landress — EMS Chief Michael Dauta — Warehouse Manager Chic Price — Bound Tree Medical Central Files America's Gateway to the Gulfstream The City of Boynton Beach July 3, 2013 Procurement Services 100 H. Boynton Beach Boulevard P.Q. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742 -6310 FAX: (561 ) 742 -6316 Henry Schein, Inc. P.O. Box 3227 Irmo, SC 29063 ATTN: Jesse A. Garringer RE: ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES Dear Mr. Garringer: At the City Commission meeting of July 2, 2013, the award for the "Annual Supply of Medical and Medication Supplies ", Bid No. 046- 2210- 131JMA was awarded in part to Henry Schein Inc. The contract period is July 3. 2013 to July 2. 2014. Per Bid "Special Conditions ", award was made by Group to a Primary and Secondary Vendor. Henry Schein, Inc. has been awarded the following Groups: PRIMARY VENDOR Group 6 — Bandages and Dressings — Henry Schein, Inc Group 7 — Infection Control Equipment and Supplies — Henry Schein, Inc. SECONDARY VENDOR Group 3 — Medications — Henry Schein, Inc. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for responding to this Bid, and we look forward to working with Henry Schein, Inc. for another year. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Buyer, at (561) 742 -6322. Sincerely, Tim . Howard Director of Financial Services encl-. Bid Tabulation, Schedule of Pricing, Agenda Item Request cc: Patsy Nadal - Purchasing Agent, City of Delray Beach Michael Landress — EMS Chief Michael Dauta — Warehouse Manager Central Files America's Gateway to the Gulfstream The City of Boynton Beach July 3, 2013 Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone No: (561 ) 742 -6310 FAX: (561 ) 742 -6316 Kentron Healthcare, Inc. P.D. Box 120 Springfield, TN 37172 ATTN: Nari Sadarangani, President RE: ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES Dear Mr. Sadarangani: At the City Commission meeting of July 2, 2013, the award for the "Annual Supply of Medical and Medication Supplies ", Bid No. 046- 2210- 131JMA was awarded in part to Kentron Healthcare, Inc.. The contract period is July 3 2013 to July 2 2014, Per Bid "Special Conditions ", award was made by Group to a Primary and Secondary Vendor. Kentron has been awarded the following Group: PRIMARY VENDOR Group 4 — Diagnostics and Instruments — Kentron Healthcare, Inc. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for responding to this Bid, and we look forward to working with Kentron Healthcare, Inc. If you have any questions, please do not hesitate to contact Julianne Alibrandi at (561) 742 -6322. Sincerely, Z Tim W. Howard Director of Financial Services encl: Bid Tabulation, Schedule of Pricing, Agenda Item Request cc: Patsy Nadal - Purchasing Agent, City of Delray Beach Michael Landress — EMS Chief Michael Dauta — Warehouse Manager Central Files America's Gateway to the Gulfstream The City of Boynton Beach July 3, 2013 Procurement Sermces 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone No: (561) 742 -6310 FAX: (561) 742 -6316 Midwest Medical Supply Co., Inc. 13400 Lakefront Drive Earth City, MO 63045 ATTN: Ms. JoAnn Rudd RE: ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES Dear Ms. Rudd: At the City Commission meeting of July 2, 2013, the award for the "Annual Supply of Medical and Medication Supplies ", Bid No. 046- 2210- 13 /JMA was awarded in part Midwest Medical Supply Co., Inc. The contract period is July 3 2013 to July 2 2014, Per Bid "Special Conditions ", award was made by Group to a Primary and Secondary Vendor. Midwest Medical has been awarded the following Groups: PRIMARY VENDOR Group 1 — Airway Management Equipment and Supply — Midwest Medical Supply Co., Inc. SECONDARY VENDOR Group 2— Intravenous Supplies — Midwest Medical Supply Co., Inc. Group 6 — Bandages and Dressings — Midwest Medical Supply Co., Inc. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for responding to this Bid, and we look forward to working with Midwest Medical Supply. If you have any questions, please do not hesitate to contact Julianne Alibrandi at (561) 742 -6322. Sincerely, Tim W. Howard Director of Financial Services encl: Bid Tabulation, Schedule of Pricing, Agenda Item Request cc: Patsy Nadal - Purchasing Agent, City of Delray Beach Michael Landress — EMS Chief Michael Dauta — Warehouse Manager Central Files America's Gateway to the Gulfstream The City of Boynton Beach July 3, 2013 Procurement Services 100 E. Boynton .beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone No. t561) 742 -6310 FAX: (561) 742 -6316 Quadmed, Inc. 11210 -1 Phillips Industrial Blvd. Jacksonville, FL 32256 ATTN: Aaron L. Pratt RE: ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES Dear Mr. Pratt: At the City Commission meeting of July 2, 2013, the award for the "Annual Supply of Medical and Medication Supplies ", Bid No. 046- 2210- 131JMA was awarded in part to Quadmed, Inc. The contract period is July 3, 2013 to July 2, 2014. Per Bid "Special Conditions ", award was made by Group to a Primary and Secondary Vendor. Quadmed, Inc. has been awarded the following Groups: PRIMARY VENDOR Group 5 — Splints, Immobilization Supplies and Equipment -- Quadmed, Inc. SECONDARY VENDOR Group 4 — Diagnostics and Instruments — Quadmed, Inc. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for responding to this Bid, and we look forward to working with Quadmed, Inc. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Buyer, at (561) 742 -6322. Sincerely, .0 Tim W. 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O R LLI 2 a \R2 coo 3 3 m k� / U \mdk \Zz 6 'r- LL / \ m 2 U -�__� K£\a;� // / \ �k9LU U> o�-z LL ca 0 \� X k 0, \2 » >#�$§yq C v clC4 z 999az- =2o® a z 3 - <E z z X X § \Akkt\i §■t «b£zz �U -1 LU0 � 2 5 k/m kw. /2j // zamC? z Lu ®m��k3/ m m k��RECD LU z » x 06 E f 2z �LL §\/ o » » / 0 \ 0 / LL = o z } / / } \/ LU \ /W 2 Z LU \ 2 / / / §� 60 2 \/ z Of 0 } � o f z k� k0 fa o m \ /o /* \< / \ ƒ m MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER MARK MCDONNELL, AICP, ASST. DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JULY 25, 2013 CONDITIONAL USE REQUEST/ SANDBAR AT BOSTON'S ON THE BEACH ITEM BEFORE COMMISSION The item before the City Commission is a conditional use request to allow outside entertainment via a Disc Jockey (DJ) on an existing open air porch located within the Sandbar associated with Boston's Restaurant. BACKGROUND Boston's Restaurant is requesting conditional use approval to allow outside entertainment at the Sand Bar. This conditional use request, as submitted herein, is for an approval pursuant to Section 2.4.5(E)(2) of the City of Delray Beach's Land Development Regulations (LDR), to allow for a Disc Jockey (DJ) on the open stage (outdoor platform/wood deck) of the Sandbar at Boston's on the Beach. Pursuant to staff's interpretation of Section 4.6.6(B)(9), a Disc Jockey may be permissible in an outside venue by the grant of a conditional use approval under Section 4.6.6.(A)(2). On June 17, 2013, the Planning and Zoning Board moved a recommendation of approval for the conditional use request on a vote of 4 -0, by adopting the findings of fact and law contained in the staff report with respect to consistency with the Comprehensive Plan, Housing Policy A -12.3, meeting the criteria set forth in Sections 2.4.5(E)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Installation of an acoustifence noise barrier to reduce the impact on adjacent residential properties. This will require subsequent processing and approval of a Class II Site Plan modification application and should include landscaping on both sides of the fencing. 2. Given the demand for motorcycle parking, it is recommended that an area on -site be designated for motorcycle parking that accommodates this demand and reduces the negative noise impact on adjacent residential properties to the south. The preferred location would be at the northernmost access point closest to commercial properties on East Atlantic Avenue. All on -site activities, inclusive of the proposed disc jockey, are subject to compliance with Section 99 "Noise Control" of the Code of Ordinance for the City of Delray Beach. 4. If approved, the subject outdoor entertainment in the dining courtyard area will cease at 12:00am midnight on Friday and Saturday and 11:00 a.m. on all other nights. No 24 -Hour or late night operation hours for Boston's Sand Bar will be permitted without the processing and approval of a separate conditional use request. 5. The outside entertainment is limited to a Disc Jockey without an amplified microphone. Any other on -site entertainment (i.e. live band performances) will require processing and approval of a separate conditional use request. 6. Subject to only pre- recorded music being used as stated by the applicant, similar to Pandora. 7. If they have a maximum of 3 violations in one year, their Conditional Use approval will be revoked. REVIEW BY OTHERS At its meeting of May 23, 2013, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended denial of the conditional use request for outside entertainment (i.e. DJ) at the Boston's Sand Bar. The northernmost parking lot serving Boston's Restaurant is located within the boundaries of the Downtown Development Authority (DDA). At its meeting of July 8, 2013, the DDA made a recommendation of approval, subject to the staff and Planning & Zoning Board attached conditions (1 through 7 above). RECOMMENDATION Commission discretion. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR SAND BAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to allow outside entertainment via disc jockey (DJ) on an existing open air porch located within the Sand Bar associated with Boston's Restaurant has come before the City Commission on July 25, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Sand Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is the outside entertainment via DJ consistent with the Future Land Use Map? Yes No b. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? I Yes No C. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. 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. 6. Based on the entire record before it, the City Commission approves denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 25th day of July, 2013, by a vote of in favor of approval and opposed. ATTEST: Chevelle Nubin City Clerk 2 Cary D. Glickstein, Mayor EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR SAND BAR 1. Installation of an acoustifence noise barrier to reduce the impact on adjacent residential properties. This will require subsequent processing and approval of a Class II Site Plan modification application and should include landscaping on both sides of the fencing. 2. Given the demand for motorcycle parking, it is recommended that an area on -site be designated for motorcycle parking that accommodates this demand and reduces the negative noise impact on adjacent residential properties to the south. The preferred location would be at the northernmost access point closest to commercial properties on East Atlantic Avenue. 3. All on -site activities, inclusive of the proposed disc jockey, are subject to compliance with Section 99 "Noise Control" of the Code of Ordinance for the City of Delray Beach. 4. If approved, the subject outdoor entertainment in the dining courtyard area will cease at 12.00am midnight on Friday and Saturday and 11:00 a.m. on all other nights. No 24 -Hour or late night operation hours for Boston's Sand Bar will be permitted without the processing and approval of a separate conditional use request. 5. The outside entertainment is limited to a Disc Jockey without an amplified microphone. Any other on -site entertainment (i.e. live band performances) will require processing and approval of a separate conditional use request. 6. Subject to only pre- recorded music being used as stated by the applicant, similar to Pandora. 7. If they have a maximum of 3 violations in one year, their Conditional Use approval will be revoked. T. op IV 4#1 O I IK L/A, N OVERALL SANDBAR THE SANDBAR AT BOSTON'S PROPERTY SITE ON THE BEACH LOWRY STREET '��' DEPARTMENT LOCATION MAP w a � z w ~ Q cn Q w w N W Q 0_ m Q w cn cn w D Z Q A T L A N T C A V E N U E '�► W > > Q Q z w, Q z o Q > z cn E� Q w o oo� > m LOCATION OF n- o � DISC JOCKEY I MIRAMAR DRIVE < Q w z Q W U Q W J CD rn0 W COCONUT ROW z INGRAHAM AVENUE Q Lu U OCEAN TERR. OCEAN TERR. 0 -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1245B — Boston Restaurant N OVERALL SANDBAR THE SANDBAR AT BOSTON'S PROPERTY SITE ON THE BEACH PLANNING AND ZONING '��' DEPARTMENT LOCATION MAP owl awl lj;� rF � 47 t V) o o�po QLU - No 88A nzt z Q Q �[ T In Q W W TT07_- 7_T -7_T 1IMGd a�o�a� =o °�QOJs� °o�po:�ryo g ��g d °ma�o� °rte pzo =moo 's= z 0 Jo Samm w °G, °v,w mv,orcrc o LL.�ao�v,m Sao o�v�ama I z IL O Q � Y z !a f �aNz lw Q�(iuS Q Q.. 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I L r I lu 11 Z m 1P = I N Ld H Ld � w J � Q Z O Z ILl Q Ld 6 $ Q z z m zm A, co M m mN j J wW 0 w a Y_ w m � II IF ,• r N � a W N 8 u u 4-fZA-1 I I I O O KID - ii Eli "I" I MIRMNIIA �•Z•�•�•Z•�y H �1 I�1 11 M•1.,� 11 SHIA- NO o zH r...cc 5 0 N 0 V 0 offm—MI■ME — ftftw — im 0M� M -C V O (B (V N _ T m O D 1 Q O Q O M Q ) I.L N c � O 2D1 O Xm m C O W (0 g(B C -Q O U M CO PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: June 17, 2013 ITEM: Conditional Use request to allow outside entertainment via a Disc Jockey on an existing open air porch located within the Sand Bar associated with Boston's Restaurant. GENERAL DATA: Applicant . ............................... Ciklin, Lubitz, Martens & O'Connell Agent ..... ............................... Alan Ciklin, Esquire Restaurant Owner ..................... Ocean Properties, LTD Property Owner ........................ Bosdell LLC & Delmuda LLC Location ....... ............................... On the west side of South Ocean Boulevard, approximately 200' south of East Atlantic Avenue Property Size... ........................... FLUM......... ............................... Zoning District ............................ Adjacent Zoning ................North: East: South: West: 1.17 acres CC (Central Core) CBD (Central Business District) CBD (Central Business District) OS (Open Space) RM (Multiple Family Residential Medium Density) RM (Multiple Family Residential Medium Density) Existing Land Use ...................... Restaurant Proposed Land Use .................... No Change Water Service ......................... Existing on -site Sewer Service ........................ Existing on -site The action before the Board is making a recommendation to the City Commission on a request for a Conditional Use, to allow outside entertainment associated with Boston's Sand Bar pursuant to LDR Section 4.6.6(A)(2). The subject property is located on the west side of South Ocean Boulevard, approximately 200' south of East Atlantic Avenue. BAC KGROLI N D On November 9, 2011, the Site Plan Review and Appearance Board ( SPRAB) approved a Class V site plan (Phase 2) associated with provision of additional on -site parking, construction of three (3) new accessory structures for storage and men and women's restrooms, construction of a new outdoor bar, platform deck, lobster cooker but and outdoor seating and dining areas on property previously occupied by Bermuda Inn (south of existing Boston's Restaurant). These improvements include an outside entertainment stage (platform deck) that will provide opportunities for outside entertainment. While the venue (stage area) was approved, the applicant was informed that any outside entertainment would require a conditional use approval. On December 5, 2011, Attorney Alan J. Ciklin Esq. of Casey, Ciklin, Lubitz, Martens & O'Connell law firm located in West Palm Beach, Florida, filed to appeal the Planning & Zoning Department Director's Interpretation of the Land Development Regulations requiring a conditional use for the outside entertainment (platform deck) for Boston's Restaurant expansion. This requirement was initially identified as a condition of approval and referenced in the staff report. While SPRAB removed it as a condition of approval, it was staff's position that this LDR requirement continued to apply. On December 13, 2011, the City Commission denied a request by Attorney George Brannen to appeal the SPRAB approval of the Class V site plan due to concerns with the negative impacts on their adjacent residence in Unit #1 of the Bahama House which abuts the south property line of Boston's Restaurant and the proposed new outdoor seating and dining courtyard. On January 3, 2012, the City Commission considered the appeal of an administrative interpretation of the Director relating to the outdoor entertainment function. The City Commission agreed with the Director's interpretation and denied the appeal. The Boston's Restaurant is now requesting conditional use approval to allow outside entertainment. The request is limited to a Disc Jockey situated on an existing open air porch located within the outdoor Sand Bar. PROJECT DESCRIPTION This conditional use request, as submitted herein, is for an approval pursuant to Section 2.4.5(E)(2) of the City of Delray Beach's Land Development Regulations (LDR), to allow for a Disc Jockey on the open stage (outdoor platform /wood deck) of the Sandbar at Boston's on the Beach. Pursuant to staff's interpretation of Section 4.6.6(B)(9), a Disc Jockey, hereinafter referred to as DJ, may be permissible in an outside venue by the grant of a conditional use approval under Section 4.6.6.(A)(2). Planning and Zoning Board Staff Report of June 17, 2013 Boston's Sand Bar - Conditional Use for Outside Entertainment The proposed DJ will be positioned in an existing open -air porch in the Sandbar area. This porch was shown on the site plan when it was approved by SPRAB in November of 2011. The permitted site plan and roof plan, with the location of the DJ noted, are attached as Exhibits "A" and "B" respectively. Staff has interpreted a DJ to be under the guise of "outdoor entertainment." This request is strictly limited to allowing a DJ (not other outside entertainment venues). Generally, a DJ is responsible for playing pre - recorded music to a group of people. The City of Delray Beach allows for pre - recorded music to be played outdoors without a DJ. However, having an experienced DJ on -site who is able to adjust the song selections in response to the particular group they are playing for is an important component to the overall success of the Sandbar establishment. The Sandbar includes full service dining and a full service bar area. The DJ will play pre- recorded music from 12:00 p.m. to closing, which is now allowed to be 12:00 a.m. The attached floor plan shows the layout of the Sandbar area with the location of the DJ noted. Because music is already permitted to be played outdoors and is permitted, the DJ will add nothing new to the situation that currently exists, other than to be the designated person in charge of making song selections and facilitating that function, Additionally, the DJ will not be permitted to use a microphone to amplify their voice and the DJ will ensure the City's noise guidelines are adhered to. The Sandbar at Boston's on the Beach has been in operation since March of 2012. Currently, a DJ plays pre - recorded music on the open air porch without proper appovals. Upon the City providing notice that Conditional Use Approval was required for the DJ to continue operation, the DJ has been replaced with pre - recorded music and the subject conditional use approval request was submitted on May 3, 2013. CON',DITfONAL USE ANALYSIS Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Commercial Core (CC) Future Land Use Map designation and is currently zoned Central Business District (CBD). The CBD zoning district is consistent with the CC FLUM designation. Pursuant to LDR Section 4.6.6(A)(1), all commercial and industrial uses are to be conducted within a completely enclosed building, rather than outside, regardless of zoning district. However, certain aspects of a use may be conducted outside and these are identified in LDR Section 4.6.6(6). This section has several categories (including outside dining), but does not include outside entertainment. However, it does include a catch -all reference to "activities associated with outside conditional uses pursuant to 4.6.6(A)(2) ", which would include uses not specifically listed inclusive of outdoor entertainment. Hence, the requested conditional use is before the Board for consideration. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 2 Planning and Zoning Board Staff Report of June 17, 2613 Boston's Sand Bar - Conditional Use for Outside Entertainment LDR Section 3.1.1(B) - Concurrencv: As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, open space, and solid waste. LDR Section 3.1.1(C) -- Consistency: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were found. Future Land Use Element Objective A -9: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is bordered on the west side by RM (Multiple Family Residential — Medium Density) zoned properties. Current uses include condominiums and single family residences. To the north is CBD (Central Business District) zoned property, currently containing a mixed -use condominium building with residences on the upper floors and retail and restaurant on the lower level. To the south is RM (Multiple Family Residential — Medium Density) zoned property also containing condominiums. To the east, is SR A1A right -of -way and the public beach and Atlantic Ocean on the opposite side of the road. Special physical or environmental characteristics of the land that may be negatively impacted by the proposed development include the proximity to adjacent residential properties. Measures should be taken to mitigate the potential negative affect on adjacent residential properties. In consideration of these impacts, if the conditional use is approved installation of an acoustifence noise barrier to reduce the impact on adjacent residential properties is required and this is attached as a condition of approval. Housing Policy A -12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The property was recently redeveloped to expand an existing use which has been established for many years. However, with the acquisition of properties now adjacent to residential uses on the south and west, special consideration should be given to assure that it continues to compliment the neighborhood and does not negatively impact the area with respect to noise and traffic circulation. The increased restaurant use area which includes the new outdoor courtyard (i.e. Sand Bar) raises some concern if live entertainment is offered on -site, particularly at late evening hours near midnight. Several complaints with respect to noise are reflected in the attached grid report for police calls to Boston's Restaurant since the Sand Bar opened in March 3 Planning and Zoning Board Staff Report of June 17, 2013 Boston's Sand Bar - Conditional Use for Outside Entertainment of 2012. To prevent degradation of the neighborhood, no additional noise should be introduced. An argument could be made that no additional noise is being added merely by modifying the delivery system (piped music vs. disc jockey). However, in reality, a live performance with a DJ is likely to affect volume levels and create a greater impact. Pursuant to Housing Policy A -12.3, the request should therefore be denied. The applicant has attempted to offset these concerns and assure compatibility with the adjacent neighboring residential properties by limiting the outside entertainment to a Disc Jockey without an amplified microphone who will be subject to compliance with Section 99 "Noise Control" of the Code of Ordinance for the City of Delray Beach. If the Board is inclined to support the request, a condition has been added to limit the outdoor entertainment accordingly. LDR Section 3.1.1 D - Compliance with the Land Development Regulations: LDR Section 4.3.3(W)(2)(a)(Conditional Use) states that any 24 -Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially -zoned property shall obtain a conditional use permit from the City for late night operation of such use. Boston's Sand Bar is bordered on the west and south sides by residentially -zoned properties. It is noted that if approved, the subject outdoor entertainment in the dining courtyard area will close at 12:00am midnight. No 24 -Hour or late night operation hours for Boston's Sand Bar will be permitted without the processing and approval of a separate conditional use request. While the applicant may argue that the outside entertainment is an accessory use to the restaurant, such use is not listed as an accessory use in LDR Section 4.4.13 (C)(accessory uses allowed in the CBD). Further, to assume that all restaurant uses may include accessory outside entertainment would set a dangerous precedent. Pursuant to LDR Section 4.4.13.D.9, dinner theaters and places of assembly for commercial entertainment purposes (i.e. live bands, live concerts or live performances) shall require the processing and approval of a separate conditional use application. While it could be argued that this is not for commercial entertainment purposes, it has many similar characteristics. Pursuant to LDR Section 4.6.6(A)(1), all commercial and industrial uses are to be conducted within a completely enclosed building, rather than outside, regardless of zoning district. However, certain aspects of a use may be conducted outside and these are identified in LDR Section 4.6.6(B). This section has several categories (including outside dining), but does not include outside entertainment. However, it does include a catch -all reference to "activities associated with outside conditional uses pursuant to 4.6.6(A)(2) ", which would include uses not specifically listed inclusive of outdoor entertainment. Hence, the requested conditional use is before the Board for consideration. Pursuant to LDR Section 4.6.9(6), off - street parking shall be provided with a new conditional use. While this use will not require additional spaces, reallocation of spaces based upon current conditions is appropriate. There has been a number of compliants regarding noise and parking associated with motorcycles (i.e. see attached City Code Enforcement violations). Currently, there is no designated motorcycle parking on -site. Given the demand for motorcycle parking, it is recommended that an area on -site (i.e. preferably on the northernmost part of the site next to commercial uses on Atlantic Avenue) be designated for motorcycle parking that accommodates this demand and reduces the impact on adjacent residential properties. This is attached as a condition of approval. 2 I - Planning and Zoning Board Staff Report of June 17, 2013 Boston's Sand Bar - Conditional Use for Outside Entertainment In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. The accompanying sketch plan is compliant with the City's Land Development Regulations. However, at the Board's discretion, the following conditions of approval are suggested: • Installation of an acoustifence noise barrier along the southern portion of the outdoor seating /entertainment area or southern property line with appropriate landscaping to reduce the impact on adjacent residential properties. + That an area on -site be designated for motorcycle parking that accommodates the current demand and reduces the negative noise impact on adjacent residential properties. This location should be on the north side of the site away from the southern properties. • All on -site activities, inclusive of the proposed disc jockey, are subject to compliance with Section 99 "Noise Control" of the Code of Ordinance for the City of Delray Beach. • if approved, the subject outdoor entertainment in the dining courtyard area will cease at 12:00 a.m. midnight on Friday and Saturday and 11:00 p.m. on all other nights. No 24- Hour or late night operation hours for Boston's Sand Bar will be permitted without the processing and approval of a separate conditional use request. The outside entertainment is limited to a Disc Jockey without an amplified microphone. Any other on -site entertainment (i.e. live band performances) will require processing and approval of a separate conditional use request. The Board can impose these conditions to assure compatibility of the use pursuant to LDR Section 2.4.4(C). At a minimum, these conditions are recommended if the Board is inclined to support the request. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5)(Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: 5 Zoning: Use: North CBD Central Business District Mixed -Use Building Condominiums, Retail & Restaurant South RM Medium Density Residential Condominiums East OS 0 en Space) Atlantic Ocean /Public Beach West RM Medium Density Residential) Condominiums and Single Famil Residences 5 Planning and Zoning Board Staff Report of June 17, 2013 Boston's Sand Bar - Conditional Use for Outside Entertainment Since the adoption of the 1989 Comprehensive Plan, the downtown has changed from a somewhat seasonally oriented shopping area to a more dynamic and vibrant retail, service, and entertainment area with an active nightlife. The proposed renovation and expansion of Boston's Restaurant will continue to make Downtown Delray Beach a vibrant and attractive recreation and dining destination. It will not cause any depreciation of adjacent property values. However, as noted previously, there are concerns with respect to noise during late night operation hours, particularly if live entertainment is offered in the new outdoor courtyard. While a restaurant use is compatible and harmonious with adjacent and nearby properties, mitigation measures must be implemented to assure the least negative impact on neighboring condominium developments. In such case, any outdoor entertainment shall be compliant with Section 99 "Noise Control" of the Code of Ordinance for the City of Delray Beach. Similarly, noise generated from motorcycles shall be reduced with the provision of designated motorcycle parking situated in an on -site location less impacting to adjacent residential properties. Finally, installation of an acoustifence noise barrier has been deemed successful for similar restaurants offering outside entertainment (i.e. Guanabanas in Jupiter, FL) and shall be installed to reduce or eliminate negative impacts to the adjacent residences to the south. These items are attached as conditions of approval. With the implementation of these items (conditions), positive findings may be achievable with respect to LDR Section 2.4.5(E)(5) (Required Findings). REVIEW BY (QTNEFIS Downtown Development Authority (DDA): The northernmost parking lot serving Boston's Restaurant is located within the boundaries of the Downtown Development Authority (DDA). At its meeting of July 8, 2013, the DDA will consider the conditional use request for outside entertainment (i.e. DJ) at the Boston's Sand Bar and make a recommendation. Community Redevelopment Area (CRA): At its meeting of May 23, 2013, the Community development proposal and recommended denial entertainment (i.e. DJ) at the Boston's Sand Bar. Courtesy Notices: Redevelopment Agency (CRA) reviewed the of the conditional use request for outside Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Neighborhood Advisory Council ➢ Beach Property Owners Association ➢ Delray Chamber of Commerce ➢ Delray Citizen's Coalition ➢ Bahama House ➢ Windmere House ➢ Jardin Delray ➢ Bermuda Inn Courtesy notices have also been sent to adjacent property owners, including but not limited to the following: ➢ George W. Brannen, Casey & Brannen Attorneys at Law [-1 Planning and Zoning Board Staff Report of June 17, 2013 Boston's Sand Bar - Conditional Use for Outside Entertainment ➢ Sun Prop of Florida Group ➢ Salina Beach House ➢ Salina Development ➢ 350 T Street Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposal involves a conditional use request to allow outside entertainment via a Disc Jockey on an existing open air porch located within the Sand Bar associated with Boston's Restaurant. Pursuant to Housing Policy A -12.3, if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. It is noted that if the use is allowed it would be subject to the same volumes and compliance with the Noise Ordinance as non - entertainment activities like piped in music which can occur without additional approval. If approval is contemplated, it should be subject to the correction of existing issues and prevention of further issues. To that end, if approval is recommended, then it should be subject to the installation of an acoustifence noise barrier south of the outside seating area with associated landscaping. The approval should also be limited to a Disc Jockey without an amplified microphone which will be subject to compliance with Section 99 "Noise Control" of the Code of Ordinance for the City of Delray Beach. The outdoor entertainment in the dining courtyard area should cease at 12:00 a.m. midnight on Friday and Saturday and 11:00 p.m on all other nights. Further, given the demand for motorcycle parking of the existing operation, it is also recommended that an area on -site be designated for motorcycle parking (i.e. north side of property adjacent to Atlantic Avenue) that accommodates this demand and reduces the negative noise impact on adjacent residential properties. If the proposed conditions of approval are addressed or adhered to, the proposed conditional use could be found to be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations and positive findings can be made with respect to Section 2.4,5(E)(5). ALTERNATIVE ACTIONS) A. Move to continue with direction. B. Recommend approval to the City Commission for a Conditional Use to allow outside entertainment (i.e. DJ) associated with Boston's Sand Bar, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: Installation of an acoustifence noise barrier to reduce the impact on adjacent residential properties. This will require subsequent processing and approval of a Class 11 Site Plan modification application and should include landscaping on both sides of the fencing. 7 Planning and Zoning Board Staff Report of June 17, 2013 Boston's Sand Bar - Conditional Use for Outside Entertainment 2. Given the demand for motorcycle parking, it is recommended that an area on -site be designated for motorcycle parking that accommodates this demand and reduces the negative noise impact on adjacent residential properties to the south. The preferred location would be at the northernmost access point closest to commercial properties on East Atlantic Avenue. 3. All on -site activities, inclusive of the proposed disc jockey, are subject to compliance with Section 99 "Noise Control" of the Code of Ordinance for the City of Delray Beach. 4. If approved, the subject outdoor entertainment in the dining courtyard area will cease at 12:00am midnight on Friday and Saturday and 11:00 a.m. on all other nights. No 24 -Hour or late night operation hours for Boston's Sand Bar will be permitted without the processing and approval of a separate conditional use request. 5. The outside entertainment is limited to a Disc Jockey without an amplified microphone. Any other on -site entertainment (i.e. live band performances) will require processing and approval of a separate conditional use request. C. Recommend denial to the City Commission for a Conditional Use to allow outside entertainment (i.e. DJ) associated with Boston's Sand Bar, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, particularly Housing Policy A -12.3, and does not meet criteria set forth in Sections 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations. REG0M.MENDED ACTION Board's Discretion. Staff Report Prepared By. Candi N. Jefferson, Senior Planner Attachments: Appendix A, Location Map, Site Plan, Floor Plan, Applicant Justification, Citizen Objection Letters, Acoustifence Noise Barrier Details, Police Dept. Grid Report Code Enforcement Violations I Planning and Zoning Board Staff Report of June 17, 2013 Boston's Sand Bar - Conditional Use for Outside Entertainment Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer is available on -site. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located in the City's TCEA (Transportation Concurrency Exception Area), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above - described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. Parks and Open Space: Park dedication requirements do not apply for non - residential uses. Solid Waste: This particular request is not anticipated to affect solid waste generation rates. Drainage: No drainage issues are noted. Thus, there should be no impact on drainage as it relates to this level of service standard. Schools: The Palm Beach County School Board concurrency is not required for non - residential uses O Conditional Use Application May 2013 Conditional Use Application -- Justification Statement The Sandbar at Boston's on the Beach This request, as submitted herein, is for a conditional use approval, made pursuant to Section 2.4.5(E)(2) of the City of Delray Beach's Land Development Regulations (LDR), to allow for a Disc Jockey in the outdoor area of the Sandbar at Boston's on the Beach. Pursuant to staff s interpretation of Section 4.6.6(B)(9), a Disc Jockey, hereinafter referred to as DJ, may be permissible in an outside venue by the grant of a conditional use approval under Section 4.6.6.(A)(2). The proposed DJ will be positioned in an existing open -air porch in the Sandbar area. This porch was shown on the site plan when it was approved by SPRAB in November of 2011. The permitted site plan and roof plan, with the location of the DJ noted, are attached as Exhibits "A" and "B" respectively. Staff has interpreted a DJ to be under the guise of "outdoor entertainment." However, this request is strictly limited to allowing a DJ and not to other types of outdoor entertainment. Generally, a DJ is responsible for playing pre - recorded music to a group of people. The City of Delray Beach allows for pre - recorded music to be played outdoors without a DJ. However, having an experienced DJ on -site who is able to adjust the song selections in response to the particular group they are playing for is an important component to the overall success of the Sandbar establishment. The Sandbar includes full service dining and a full service bar area. The DJ will play pre - recorded music from 12:00 p.m. to closing, which is now allowed to be 12:00 a.m. The attached Exhibit "C" shows the layout of the Sandbar area with the location of the DJ noted. Because music is already permitted to be played outdoors and is permitted, the DJ will add nothing new to the situation that currently exists, other than to be the designated person in charge of making song selections and facilitating that function. Additionally, the DJ will not be permitted to use a microphone to amplify their voice and the DJ will ensure the City's noise guidelines are adhered to. We respectively request that staff review and the City Commission find favorably that the following factors have been met: 1) The grant of this conditional use will not have a significantly detrimental effect upon the stability of the neighborhood within which this use will be located. 2) The grant of this conditional use will not hinder development or redevelopment of nearby properties. The Sandbar at Boston's on the Beach has been in operation since March of 2012. Since that time there has been no derogation of the stability of the surrounding neighborhood. In fact, Page 1 of 2 Conditional Use Application May 2013 the Sandbar is located within the Central Business District and has been an enhancement to the area. A DJ had previously existed until notice was received from the City that it required Conditional Use Approval, with no adverse effect on the neighborhood. The playing of pre- recorded music, which is currently permissible without a DJ, will have little, if any, impact on the overall stability of the neighborhood. Certainly, the DJ will not have a significantly detrimental impact to the surrounding neighborhoods stability. Secondly, the Sandbar is an example of a successful redevelopment project and will continue to encourage high - quality development and re- development within the City. 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O ry I ){ ° ` N 0 0 > i� B P I EI ct I f 3 J i$ i I CASEY & BR-A.NNEN Attorneys at Law Timbers Professional Center Of Counsel 240 West River Drive GEORGE W. BRANNEN DOUGLAS F. MACPFIAIL St. Charles, IL 60174 ROBERT F. CASEY 3921 -2006 TIMOTHY P. DWYER Fax (630) 513 -0109 Phone (630) 513 -0066 Via Email June 13, 2013 To: Planning and Zoning Director, Paul Dorling, Dorlin P M Delra Beach.com Gerald Franciosa Clifford Durden Derline Pierre -Louis Craig Spodak They Shutt Connor Lynch Jan Hansen Re: Boston's Application for Conditional Use Permit for DJ at The Sandbar Dear Planning and Zoning Board: I am enclosing letters and pictures previously sent to the CRA Board in opposition to Boston's application for a conditional use permit to allow a DJ at the Sandbar. We own Unit 1 of the Bahama House which borders the Sandbar on the south. This is classic BAIT and SWITCH. We have gorse from "This is an opportunity to have an outside restaurant opening to the beach that spears to our Village by the Sea theme," (Boston's words) , to "If you won't give us a DJ and motorcycle parking you will ruin our business." Boston's promised a quiet restaurant next to residential property. The previous use of the property that is now the Sandbar was a quiet motel. Contrary to their promises they immediately transformed their restaurant into a nightclub and biker bar with loud music, DJ and lots of loud motorcycles. They changed the use of the property. I understand that Boston's is threatening to play loud music even without a DJ, claiming that the DJ won't make a difference. This highlights the real problem: OUTDOOR MUSIC NEXT TO RESIDENTIAL. The two are inherently incompatible and such music will ALWAYS ADVERSELY AFFECT neighboring residential properties if it can be heard. DJ's don't play quiet music and are incompatible with residential. DJ's attract motorcycles. Motorcycles next to residential areas are even worse than loud music. Boston's promised parking by VALET ONLY in order to reduce the impact on adjacent residential properties. Make them keep their promises. The Marriott has lots of parking just north of Atlantic. Let them park there. The beach has separate characteristics from the heart of downtown on Atlantic Avenue and at least for noise purposes, it should be treated differently. The beach should always be a place of quiet beauty. There is no reason to believe the Sandbar will control the DJ's music as they have never controlled the volume of their music or the noise of the motorcycles they park in the past. They have been hard core violators and have been cited. A DJ will bring crowds, dancing;, shouting, singing, etc. which is not compatible with residential. This bar is out of control and cannot be expected to comply with the law. It is a biker bar that draws large crowds of loud patrons. As part of this discussion, I would also like clarification of what 12:00 p.m. closing means at this location. I understand that this means everyone is cleared out of the bar by midnight and all liquor is put away and the doors are locked at midnight. Now, the noise of people leaving goes on some nights until long after midnight, creating great disturbance for sleeping neighbors. We requested a 10:00 p.m. closing of the proposed restaurant, never dreaming that a nightclub would be there. If the noise lasts until 1:00 a.m. it's outrageous. The City should reconsider the entire application of the Sandbar as it is not what was represented. In light of developments, the City must take appropriate steps to protect the residential properties. A DJ or other entertainment will draw more loud crowds and more motorcycles to the beach. Boston's is a parking haven for large groups of motorcycles that otherwise would not and could not park in this area. By letting roaring motorcycles with illegal pipes park in their lot, Boston's is complicit in the flagrant violation of the noise ordinance that these motorcycles cause. Boston's also lets the motorcycles park in haphazard groups up to 30 in violation of the allotted spaces it legally has. Boston's never asked for motorcycle parking and their promise that parking would be via a valet excludes them. Let them park the motorcycles elsewhere or on the streets. The City has an inherit right to control motorcycle parking next to a residential properties. The Sandbar is the worst thing to ever happen to the beach. A DJ will exacerbate the situation. It is impossible that a conditional use permit will not have a "significant detrimental effect on the stability of the neighborhood." Very truly yo George Brannen GWB:rnlc Attachments: January 14, 2013 correspondence May 16, 2013 correspondence P.S. PLEASE LOOK AT THE PICTURES ATTACHED TO MY LETTERS AND IMAGINE THIS COMING IN NEXT TO YOUR HOME OF NEARLY 20 YEARS. CASEY & BRAN NEE AW meys at Law Prt&ssjufial Cc-nter ofcounsel 240'W %t Rix�r Drivc GEORGE W. BRANNEN, DOUGLAS F. MACKIAIL St, Charle , IL 60174 ROMRT F. CASEY 1911-2" 11MOTHN P DWYFR Fax S13-0109 Phone (630) 513-0066 January 14, 2013 Via Email To: Mayor Thomas Carney, earne Rwi-nydc1rkN—,be.ach.(;om Deputy Vice-NlAyor Adam. Frankel, frankeli�kinydelraybeach.kom Commissioner Angeleta Gray, any 2graydelraybeacli -coin Commissioner Al Jacquet, jacqpgtCa.,m d y elMbeach.com _— Commissioner Christina Morrison, morrisong I Inydelmybeach. coin Douglas E. Smith, Interim City Manager, CityMana,-c,r(y�?.VlyDelrayBeach.com/ ACMSmith elrUBeach.com Robert A, Barcinski, Assistant City Manager, Asst Cit. Kgxa',' _4-v-DelraVBeach.com can Hoggard, Hoggard@A-11 QelrayBeacb.com. Re: Bahama House Dear Mayor, City Commissioners, City Plm-ner- We are writing to complain about the blaring noise from the Sandbar which. is located across frorn the main beach on Ocean 131vd. We own 1~ I of the Bahama House of Delray Beach, a Condominium, located at 72 S. Ocean Blvd. Our unit is rithin 20 or 30 feet of the Sandbar, which somehow became part of Boston's nev,, development on Ocean Blvd. 'When we staved in our condominium last November, there was a W. on a stage right next to our I unit playing rap music and house music at volumes so laud it penetrated the walls of Our unit- prevented sleep and interfered with all our activities inside our unit. The volume outside Was intolerable. On some, nights, this went o well past rmdriight, even if it was rmning and there was no one in the Sandbar. This shows absolute disdain for the Sandbar's residential neighbors. There have been a lot of shen=ic,:,,ans on the part of the developers of this project. For instance, in the beginning there was no mention of the Sandbar but only a courtyard restaurant. Wben the applicant first applied for approval of this project there was no hint that it would turn into The raucous bar that now exists, The applicant wanted a waiver of the requirement that this development "shall not adversely affect the neighboring area` , The site plan review board staff report noted "the applicant has provided the following justification statement regarding the ,waiver reqaesf "This is an opportunity for the town to have an outside restaurant opening, to the beach that speaks to our Allage by the sea theme". January 14, 2013 Page Two The developers did not deliver on their promise. The -fact is, the Sandbar is destroying the village by the sea theme of Delray Beach. The Sandbar is designed to draw a rough crowd as demonstrated by tlie enclosed handout promoting its "6 Month Anniversary Beach. l3ash", with "Comptimentapy Shots". In addition to the D.J. and loud music, this bar (a Hooters copycat Adth waitresses in bikini tops and extremely short-shorts) draws a. large number of motoreyeles. They park, illegally right by the sidewalk on Ocean Drive in the alley that runs next to our condominium unit. They rev their engines at illegal noise levels at all times of day and night and this collection of people and motorcycles and the noise and the scene at the Sandbar pretty effectively destroys any village by the sea theme for Delray Beach. The staff report approved by the SBRAB made it clear it was well axare of the adverse impact late closing hours and outdoor entertainment would have on the adjacent neighborhoods if it were ever approved. The SBRAR approval of this development stated: ``The increased restaurant use area which includes the new outdoor courtyard raises some concern if live entertainment is offered on-site particularly at early morning hours after midnight. It is noted that the processing and approval of separate conditional use applications is required for either late night operation and/or outside entertainment. To that effort, all properties within a five hundred foot (500') radius will have to be notified and will be given an opportunity to voice any concerns or opposition." (emphasis added). Page 12 of report. With mitigating measures such as the disallowance of live entertainment in the outdoor courtyard area and early closing atmidnight, the proposed development will be more compatible with adjacent land uses. Page 12 of report. The SPRAB made approval of the development subject to the folio -Ming conditions: 2�1 5.. No on-site entertainment will be permitted with the processing and approval of this Class V Site Plan application. 6, No 24-hour or late night operation hours of the new outdoor restaurant ull be permitted with the processing and approval of this Class V Site Plan application. January 14, 2013 Page Three Eveii though Bob Currie, a director of our condorniniurn,. was the architect for the project, we knew nothing about it until after the November 9'h hearing before the SPRAB. When. we hired an attorney and appealed to the City Council, we were told we should have objected at the SPRAB hearing, but lack of notice deprived us of that opportunity- If there have been further hearings that have reversed the original decision not to allow late hours, or live entertainment in Boston's courtyard, then we were once again deprive A of the opportunity to object duo to lack of notice, Notice to us has been absent and, in our view, intentionally withheld by the developer's agents at all. critical stages of this development. Every director and officer of our condominium had a fiduciary duty to keep -us fully advised of the threat this project presented and to keep -us fully advised of developments- Instead, they kept us in the dark. When we lost our appeal, we left that hearing disappointed but with the consolation that there would be no open air music and a midnight closiRg (even though we asked for 10-00 p.m.) Somehow this epen air restaurant morphed into the Sandbar, complete with a music, stage (called a"wooden deck" on the plans), a D.J., scantily clad. girls, motorcycles, blaring noise and police at the entrance; and all this happened, again, without any notice to us. Would someone please explain to me why we didn't get notice and what has transpired since last November that allowed this raucous bar and blaring noise to exist within feet of our property? What activities are now permitted in the outdoor courtyard and pursuant to what laws or permits? Did Boston's obtain a conditional use permit? Is outsideentertainment permitted? And if so, how did that happen when such use was specifically prohibited by the SPRAB9 I"ould someone please tell me what our rights and remedies are and exactly what laws apply to the Sandbar at this time? Notice is essential to a fair hearing. That was. lacking here. A judgment obtained without notice will. be set aside, Here, where in my view, it appears uotice was intentionally withheld by the developer or its agents, the relief granted should also be set aside. People are tired of big corporations doing anything they want. We mere told the Marriott for its principals) were behind this project and we were wasting our time objecting because no rune will stand up to them, I can only hope that the City of Delray Beach will do the right thing. The Sandbar is a cancer on the beautiful city beach and should be stopped. Please help us by stopping the blaring noise and late night commotion coming from the Sandbar. If the owners can't show respect and common. decency for their neighbors, the Sandbar should be closed- Rfa-ivaty 14, 2013 Page Four Your cooperation in this matter is greatly appreciated. If you have any questions,pfeasc call at 630-886-1108. GNVB:mlc Attachments. 1) Photographs of illegally parked motomy-cles 2) Handout for Sandbar's 6 month "Anniversary Beach Bash7 P,S., Please supply the names and contact infonnation for objectors to he Bo Stoll' s developmelit and also for those who have complained about noise from the Sandbar. CASEY & BRANNEN Attorneys at Law Timbers Professional Center Of Counsel 240 West River Drive GEORGE W. BRANNEN DOUGLAS F. MACPHAIL St. Charles, IL 60174 ROBERT F. CASEY 1921 -2006 TIMOTHY P. DWYER Fax (630) S13 -0109 Phone (630) 513 -0066 May lb, 2413 Via Email To: Mayor Cary Glickstein, Glickstein delra beach.com Vice -Mayor Al Jacquej, iaouet�a�rlydelraybeach.com Deputy Vice -Mayor Shelly Petrolia, Petrolig@mydelraybeach.com Commissioner Adam Frankel, frankel@Mydelraybeach.com Commissioner Angeleta Gray, agray_(ripydelraybeach.com City Manager Louie Chapman, Jr., Chgpman@,Myde!Mbeach.com Assistant City Manager Douglas E. Smith, CityManager a��MyDelrayBeach.com/ ACMSmith&MyDelrayBeach.com Assistant City Manager, Robert A. Barcinski, AsstCityMgr@YyDelra, Beach.com Planning and Zoning Director, Paul Dorling, DorlingP cz,MyDelrayBeach.com Assistant Director, Al Berg, Berg@,MyDelmyBeach.com City Attorney, R. Brian Shutt, Cil ttorna@,MyDelrayBeach.com Re: Noise Ordinance and Boston's Sandbar Bahama House Dear Mayor, City Commissioners and City Attorney: When considering Delray's new noise ordinance, consider this: the bars and restaurants making excessively loud noise are motivated by profit and self - interest and they will not cooperate. THE ORDINANCE MUST BE STRICT AND STRICTLY ENFORCED. DELRAY'S FUTURE DEPENDS ON IT. FOR EXAMPLE, BOSTON'S SANDBAR IS RUINING DELRAY'S BEACH WITH LOUD MUSIC AND MOTORCYCLE NOISE. LOOK AT THE ATTACHED PICTURES SHOWING MOTORCYCLES AT BOSTON'S WITHIN FEET OF OUR CONDOMINIUM. MANY MOTORCYCLES ENTER FROM AIA AND ALL MOTORCYCLES ARE PARKED IN THE REAR OF BOSTON'S PARKING LOT RIGHT NEXT TO OUR CONDOMINIUM. BOSTON'S IS VIOLATING SPRAB AND CITY COMMISSION REQUIREMENTS. MAKE BOSTON'S KEEP ITS PROMISES. In its application for development of the property that is now the Sandbar, Boston's represented to the SPRAB that its use of the driveway "shall not adversely affect the neighboring area ". Boston's further promised that parking would be controlled `via a valet system which will enter the site through another access drive further north ". Motorcycle parking was never mentioned and cannot be handled by valets. Therefore, Boston's should keep its promises and no motorcycles should be parked on Boston's property. MOTORCYLES ENTERING THE DRIVEWAY BETWEEN BOSTON'S AND THE BAHAMA HOUSE AND THE PARKING IN BOSTON'S REAR PARKING LOT WILL ALWAYS ADVERSELY EFFECT THE NEIGBORING PROPERTY, WAS NOT REQUESTED, AND SHOULD NOT BE ALLOWED. SINCE BOSTON'S PROMISED TO MINIMIZE THE IMPACT OF ITS DEVELOPMENT ON ADJACENT RESIDENTIAL NEIGHBORS BY HANDLING ALL PARKING FURTHER TO THE NORTH VIA A VALET, THEN BOSTON'S SHOULD BE STOPPED FROM HANDLING CARS OR MOTORCYCLES IN ANY OTHER WAY. There is no excuse for letting Boston's do what it is doing. The use of the driveway on the south side of Boston's for the entering and exiting of motorcycles which rev their engines and blast by within feet within the courtyards and bedrooms at the Bahama House is inexcusable and unjustifiable. If Boston's has an answer for this, I would like to have the opportunity to respond to it. Up until now, Boston's has not kept any of its promises before the SPRAB and has continued to harass and annoy its neighbors in spite of code violations. As far as noise goes, it is breaking all the rules because there is no noise ordinance. The motorcycles are now parking in the rear of the Sandbar parking lot, approximately 20 -25 feet away from the closest condominium bedroom. This is still too close to residential property. Also, motorcycles are still parking in the driveway to the south of the Sandbar and they park directly in front of "NO MOTORCYCLE PARKING" signs and Boston's does nothing about it, even though they have been cited for motorcycles parking at this location. Enclosed are pictures showing these outrageous violations. Would any commissioner allow this disaster next to his/her house? We need strict noise ordinances that are strictly and promptly enforced with big fines along with temporary or permanent closing for repeat offenders. Last April, we met with a police officer who parked his car in the Bahama House parking lot and we all listened to the incredible blaring noise of music and motorcycles coming from Boston's Sandbar. The officer agreed that this noise far exceeded any reasonable standard but said "my hands are tied" because Delray has no noise ordinance. He said we could call code but code was closed. He also said he could not go on private property to ticket the motorcycles parked in front of signs saying "NO MOTORCYCLE PARKING ". He also said "the beach is lost ". This officer was frustrated and so are we. Boston's knows all the tricks and flaunts its nose at the law and the City seems helpless to stop. None of the requirements the City demanded and to which Boston's agreed in order to protect adjacent residential property are being followed. The City should prepare itself for a tough fight against bars, nightclubs and motorcycles in order to save its town. It doesn't need to coddle anyone. It needs strict ordinances and it needs to strictly enforce them. The police need enforcement power and the power to stop violations as they occur. One suggestion in dealing with motorcycle noise is to pass an ordinance requiring all motorcycles to have EPA stickers, which certify compliance with federal noise law. To make the law stronger, the operator should be able to submit to a noise test in lieu of the sticker. Most of the loudest motorcycles have open pipes or other post - market modifications that would not be allowed (no muffler baffles or baffles that have been pierced, punched with holes or otherwise tampered). This situation at Boston's Sandbar has been going on for almost a year and it keeps getting worse. If the Walsh's and the Marriot, the entity that apparently owns or controls the property, really has any concern for Delray and its citizens, why don't they do something about it? And why does the City allow it to continue. Please he GWB:mlc Enclosures P.S. ALL THE MOTORCYCLES PICTURED ARE NEXT TO THE BAHAMA HOUSE. n F 0 �J0 3 d a c d Q =71 d Zf 2 s dl W a'1 3 0 m d (� dim f d T ,mow' • n� V A t � X :f Y"t:r3� t !t '1 'e t rryFFy�� rrpp J t•'1 M Y � Y {� A t � X :f Y"t:r3� t !t '1 V loill I 3 O� + £ �o c 4 4j F e ... Q dY rx tio I • r o�, i° v -v Qd 48 x Y� 1 P.. 14 �J +V �> 4 � d d N I Y d 3 a `ts a Acoustifence I Noise reducing fer r Home Product Demo 1-7covsfi bIok. f / Soun La NASA Top 50 Spinoff Company an Inst; MADE IN - - - -- wITI, ALL U.S. MATERIALS Acoust'cel An wnnebs` nd Scund ArovadMON other Irstzlla'ror R ations R•�c6 tenet S<u,M Pe rcl> TrcM1 Spvc> P,W�c'_a M >rFW> $r}�r� Pene15 itesilartufE �'^O1^rq� Ha.nls 'oJ°�f1oPV ial Marvw Gus -orner Prs; Aut✓:rt+u�Ilvs Mcdtl- Fanlly tRu�1��.�1"1 dlr,iu>l, wi AppFCatrone TesFn.viiiels iiEnI4! .x®13© Introducing Acoustifence® Acoustifence® was originally developed by the Acoustiblok corporation for offshore oil rig noise isolation, the Acoustifence has had proven success in many demanding applications. World Fence News defines Acoustifence as a "new defense against outdoor noise pollution ". Commonly used in industrial usage, highways, construction sites, mass transit rail lines and even dog kennels, it is now available for residential use. It is a simple and economical first step in noise reduction which can truly make an improvement in your life and increase your privacy. The Acoustifence is a unique 1 /8th inch, 6'x 30' (3mm x 1.83m x 9.14m) heavy mineral filled, barium free visco elastic acoustical material. Longer lengths are available. It is made in the U. S. A. (from all USA materials) and, unlike fences or shrubs, this material does extraordinarily well in not only blocking direct sound, but a unique characteristic that sets it far apart from other sound barriers when dealing with very low frequencies, i.e. railroad /truck road noise and AC /heatpumps. In frequencies of 50 Hz and below, the heavy limp Acoustifence material actually begins to vibrate from low frequency sound waves. In essence it is transforming these low frequency sound waves into mechanical movement and internal friction energy. Laboratory tests indicate that this transformation process reduces these low frequencies from penetrating the Acoustifence by over 60 percent relative to the human ear. In addition the Acoustifence becomes as an absorbent material in these frequencies with test results showing in an NRC (noise reduction coefficient) as high as 0.78 (1.00 being the max). As such it is clear that the Acoustifence not only reduces sound as a barrier, but also in very low frequencies, it acts as an acoustical absorbent material which is not reflecting back those low frequencies as other barriers would do (sheet lead workis in the same manner). While the indoor Acoustiblok material is used and recognized throughout the world, even winning awards in the British House of Commons, the new Acoustifence material is extremely strong and engineered to withstand outdoor construction sites, highway environments, and even offshore oil rigs. Full exposure to dirt, grease, oil, mold or even being driven over is not a problem for the Acoustifence. Having black anodized brass eyelets every 6 inches on the top edge and some on the bottom, allows easy hanging or attaching of the fence to just about anything. Heavy duty nylon wire ties are supplied with the fence and stainless wire ties are available at additional cost. Multi -level construction projects can easily overlap multiple Acoustifences attached to scaffolding to achieve many floors of vertical height sound blockage. Staggered wood shadow box privacy fences (which of course provide no acoustical privacy) can easily incorporate Acoustifence without changing the visual appearance. Simply remove the vertical wood slats on your side of the fence, install the Acoustifence and reinstall the wood vertical slats. This is very easily done and leaves the appearance intact while adding acoustical privacy. A hammer, small crowbar, screw gun and some non rusting screws should be all the tools required. Page 1 of 5 II Contact *Made in U.S.A. from all U.S. materials (Like All Our Products) Residential neighbors next to our restaurant had complained about the noise coming from our outdoor patio, and we purchased three Acoustifences to block out the music and the noise in general. The neighbors seem much happier now, and we can keep our customers happy with music outdoors. Acoustifence® is definitely something we would recommend to Residential customers as well as Commercial customers." Celine G. Chick Park Restaurant Dallas, TX "We love this product. First, I was amazed at how thin it is, my 14 -year- old son and I installed it ourselves with no problem. Our neighbors complained that the noise from our yard was quite loud before we installed the Acoustifence, and now you can't hear a thing. People think the birds are gone." Paula Carroll, owner of roosters, chickens and wild turkeys that were bothering the neighbors Helena, Alabama New Acoustifence- Landscaoe7m Attachments _. http:// www. acoustiblok .com/acoustical_fence.php 6/10/2013 Acoustifence I Noise reducing fe- ,P Shadow box fences are easy to convert to an acoustical sound barrier with Acoustifence, For added aesthetics, the Acoustifence can be painted with an outdoor latex based paint. To help you with your expectations, consider your noise source as a light bulb in a totally black night. The fence will block direct light (the majority) from reaching you, but any surrounding higher structures or trees will allow some lesser reflections to reach you. Sound acts in virtually the same way, therefore, the more barrier between you and the source the better. Note: "Sound Abatement" is a reduction in noise as nothing is "sound proof." And while the Acoustifence has been tested in independent certified acoustical labs and the measurements (STC 28, representing a 85% reduction to the human ear) are very accurate, your results will be less, and vary greatly depending on fence height, reflections off surrounding environment, distances, elevations, and noise frequencies. Be that as it may, putting a sound barrier such as Acoustifence between you and the noise should be the first, and most beneficial step in reducing your noise. For an additional hourly charge our engineering department can produce an acoustical prediction map of your location to better assess the sound reduction outcome. The program we use is Cadna A, considered the most advanced in the industry for out door noise predictions. A big step up (and greater investment) from the Acoustifence is our All Weather Sound Panels which block more and absorb (non - reflecting) virtually all sound striking them. Feel free to call or email us with your noise problem. http://www.acoustiblok.com/acoustical—fence.php Page 2 of 5 Acoustifence Installation Number of people: 2 - 3 Time required: 30 - 40 min. Items: Utility Knife, Pliers, Wire Cutter, 70 lb. nylon ties (included with purchase) 1. It is advisable to unroll the fence on the ground and let it relax in the sun for at least 3 hours. 2. Roll the fence back up. Lean the roll against the fence as vertical as possible with the grommet edge to the top. Line up the top of the roll to the top of the fence or at the desired height. Air must not go under the bottom of the fence. 3. Begin unrolling the Acoustifence along the fence. While one person slowly unrolls the material, the second person inserts the ties in each grommets and attaches to the fence or support structure. Leave ties very loose at this time. Insure that the material is kept taut (lengthwise) as you install the ties to prevent it from bunching up between ties. A third person is useful to help support the weight and keeping the fence pulled tight. Do not tighten the ties yet. Install all ties first keeping them loose. 4. Pull each tie so that the Acoustifence is properly lined up at the desired height. DO NOT make the nylon tie tight! It must be loose enough to allow the eyelet to pivot freely on the tie. Try to distribute weight equally using every grommet. (FIGURE A) 5. Increase the tension on each tie (do not fully tighten) such that the weight of the fence is evenly distributed. Do not trim off end of nylon tie until you are sure weight is evenly distributed. (You may even wait on this for several days to insure equal tension after material fully relaxes in place. 6. The end and bottom grommets should also be attached (again, loosely). The bottom and sides must not be allowed to flap or to be excessively loose such that when the wind blows it yanks back and forth on the bottom grommets. At the bottom add dirt on both sides, the full length of the fence. Air and sound must not be allowed under the fence. 7. If questions arise, please call 813 -980 -1400 or e-mail us at sales@acoustiblok.com The ties must be loose NOTES 1. In high wind environments, especially if the Acoustifence is likely to be constantly flapping, it is highly recommended that the Acoustifence installation be reinforced. There are a variety of solutions depending or your application. Our acoustical consultants will discuss options with you that will fit your specific installation. 2. Cold temperatures will reduce flexibility during install. Attempting to unroll if material is at a very low temperature is not recommended. Find a way to warm up the roll, i.e., leave indoor until fence roll becomes room temperature. 3. Leave ties loose enough to allow the grommet to pivot on the ties. (FIGURE A) 4. Do not use "elastomeric" paint. An exterior vinyl acrylic latex paint is recommended. 6/10/2013 Acoustifence I Noise reducing fe° -e For almost 2 years the city of Seattle attempted to reduce the screeching noise of a light rail transportation line traveling through a residential area. Several other methods had been tried without success. The problem was recently resolved by simply attaching 5000 feet of AcoustiFence to the existing guardrail. No additional structural changes or skilled labor was required. Officials and residents are thankful the problem has finally been resolved. "Sometimes the simplest method is the best method, I highly recommend AcoustiFence ". c- ,ustffence NA,, Reducing Fence msiallation ... rc z i'r ens s, t Other features of Acoustifence: UV Tolerant Paintable (acrylic latex vinyl based) Easy to install or remove from existing fence Impervious to water Totally non -mold (rated 10 of 10) Made from over 90% recycled or organic material 100% recyclable Vermin proof Easily washed STC 28 independent lab certified Made in U.S.A. from all U.S. materials Page 3 of 5 5. Using nails or screws alone instead of the grommets to support the fence will possibly cause tears in the material. Sandwiching the material between two surfaces can help to overcome such tearing. INSTALLATION RECOMMENDATIONS FOR HANGING MULTIPLE ACOUSTIFENCES HORIZONTALLY ON A CHAIN LINK FENCE Acoustifence vs. Padded Sound Blankets Unlike padded "blanket sound barriers," the Acoustifence: Is only 1/8" thick Is impervious to water or fluids Will not mold or mildew Will not develop or hold odors Will not weigh more when wet changing structural requirements Can easily wash off virtually anything including graffiti with power washer Will not become a home for vermin or insects Is printable for signage as well as paintable Will not hold oils or fluids which could be a fire or toxic hazard Takes much less space to store - each 30' section rolls up into a mere 11" roll Can even be used as temporary roofing http:// www. acoustiblok .com/acoustical_fence.php 6/10/2013 Acoustifence I Noise reducing fe -,e Page 4 of 5 Reducing Road Noise Using Earth Berm with Foliage and Acoustifence Trees and vegetation are not effective noise control barriers. Foliage or trees on earth berms can actually increase noise as sound is like light, reflecting off the foliage in all directions and of course, the higher the berm, the better. It is however far cheaper and more practical to increase the berm height by adding the Acoustifence than it is to add fill to the berm. Adding the 6 foot high Acoustifence to the berm can make a tremendous difference as it obviously increases the blocking protection while it also eliminates the sound reflecting off the foliage. The all weather Acoustifence can be hung from any substantial structure, i.e., chain link, pipe frame structure, or wood fence. Trees over the height of a barrier are a definite hinderance of a barriers performance. Acoustifence can also reduce very low frequencies, 40 to 50 Hz train, truck and AC /heat pump noise by over 60 %. ,aUuroe ACOUSTICAL SCATTERING FROM FOLIAGE IN ACTION RCCe'rv2r Acoustifence Specifications Acoustical STC 28 / OITC 22 Rating Acoustical test per ASTM E90 -04, ASTM E413 -04 ASTM E2235 -04 Size 6 fL (1.83m) x 30 ft. (9.14m) x 0.125 in .(3mm) 180 ft' (16.72m') Approx weight 185 LB (84 kg) Black brass grommets every 6 in. (152mm) along top edge with four Fastening grommets spaced along the bottom edge. Commonly installed horizontally. Includes qty. 70, 11 in. heavy duty 120 lb. (black) nylon wire ties Color Black f i ,�uur" Receiver ACOUSTIFENCE CONTROLS ACOUSTICAL SCATTERING CREATED BY FOLIAGE ACOUSTIFENCE Sound rnn.m =Rep- 1 '14 ~ 14 ` &5 oa r° 28$ Q!38NM$S R =W i ds FREQUENCY 043 TRAWWSSION 1055 .•N•s•a•a SOUND TRANVASStON LOSSCOWOUR ° -14 d8 @46-50 Hz = >Wi, noise reduclnon to live hurnan ear ` -85 dB 9 60 Hz = aprox 45% noise reduction to the human ear http:// www. acoustiblok .com/acoustical_fence.php 6/10/2013 Acoustifence I Noise reducing fe-- °e Page 5 of 5 ( -1OdB to the human ear represents approximately 50% reduction in sound /noise) Acoustical Fence I All Weather Sound Panels I Indoor Sound Panels I Acoustiblok Tech Specs I Other Products I Installation Methods I ❑ as I Acoustiblok Solutions Center I Automotive I Residential & Multi - Family I Commercial @ Residential Theater I Hotels I Commercial It ipolications I Customer Testimonials I Press Center I Company Bloe I Product Demo I View Presentation I Contact Us I Request a Quote The words "soundproofing" (100% Souud elimination), which is impossible to -htevo with Acoustiblok material or any other product. The entire materials provided herein arc for referm- only Acoustiblokre —, the right to modify or revise the content at any lime without prior notice. © 2010 Acoustiblok, Inc. All rights reserved. Qnesthms or --s this site contact our webmaster. http:// www. acoustiblok .com/acoustical_fence.php 6/10/2013 "xliipiilY� IlYlllli ( -1OdB to the human ear represents approximately 50% reduction in sound /noise) Acoustical Fence I All Weather Sound Panels I Indoor Sound Panels I Acoustiblok Tech Specs I Other Products I Installation Methods I ❑ as I Acoustiblok Solutions Center I Automotive I Residential & Multi - Family I Commercial @ Residential Theater I Hotels I Commercial It ipolications I Customer Testimonials I Press Center I Company Bloe I Product Demo I View Presentation I Contact Us I Request a Quote The words "soundproofing" (100% Souud elimination), which is impossible to -htevo with Acoustiblok material or any other product. The entire materials provided herein arc for referm- only Acoustiblokre —, the right to modify or revise the content at any lime without prior notice. © 2010 Acoustiblok, Inc. All rights reserved. Qnesthms or --s this site contact our webmaster. http:// www. acoustiblok .com/acoustical_fence.php 6/10/2013 E200TOI City of Delray Beach Florida 6/04/13 Case Inquiry - General Information. & Names 08:13:36 ase number . . . . . . 12 00025262 roperty address, ID . . . _ 40 S OCEAN BLVD 104040 roperty Contrcl Number . . 12 43 46 16 28 001 0040 .Iternate ID . . . . _ . . ase status, desc . . . . CM IN COMPLIANCE ase type, desc, estbl GC GENERAL VIOLATION CODE CASE 2/27/12 rigination code, desc CC CITIZEN COMPLAINT - efault inspector ID DLT DARCY TYSON errant name, number TIKI HUT CONST W/O PERMITS ase credit balance .00 'ype option, press Enter. 5 =view ipt Name Name type BO,SDEL LLC OW PROPER'T'Y OWNER Bottom '3=Exi t FS =Case data F7 =Viol,ations F8= Charges F1O =Case text '9 =Print history F11=Liens F12= Cancel F13 =Case actions F24 -More keys E202I01 City of Delray Beach Florida Case Text Inquiry ase number 12 00025252 rop`erty address, ID 40 S OCEAN BLVD roperty Control Number 12 43 46 16 28 001 0040 I ternate ID . . . . . . . errant name, number . . . TIKI HUT CONST W/O PERMITS ase narrative STOP WORK ORDER ISSUED TO BOSTON'S FOR TIKI HUT FRAMING WORK W/O PERMITS 3X FEE. 02/27/2012 11:32 AM TYSON PERMIT APPROVED 11- 136573 FOR THE TIKI HUT 02/28/2012 01:59 PM TYSON ------------------------------ 1olation comments APPLICATION /PERMIT COMPLIED TIKI HUT FRAMING CONSTRUCTED W10 APPROVAL AND PERMITS. Tess Enter to continue, 3 =Exit Flt= Cancel 6/04/13 08:13:54 104040 2/27/12 2/27/12 2/27/12 2/27/12 2/28/12 2/28/12 2/27/12 More... 'E202I01 City of Delray Beach Florida 6/04/13 Case Text Inquiry 08:13:54 ase number 12 00025262 'rop'erty address, ID 40 S OCEAN BLVD 104.040 'roperty Contra. Number 12 43 46 16 28 001 0040 .lternate ID . . . . . . . errant name, number TIKI' HUT CONST W/O PERMITS .nspection comments 001 - MISCELLANEOUS INSPECTION ;oard meeting comments ether action comments and Management Information regal Description OCEAN PARK DELRAY LTS 4 & 5 & E 14.5 FT OF LTS 11 TO 13 INC BLK 1 Bottom ress Enter to Continue. '3 =Exit F12 =Cancel E200101 City of Delray Beach Florida 6/04/13 Case Inquiry - General. Information & Names 08 :12:40 ase number . . . . . . . 13 00038366 roperty address, ID . . . 40 S OCEAN BLVD 104040 roperty Control Number 12 43 46 16 28 001 0040 .lternate ID . . . . . . . . ase status, desc . . . . . CM IN COMPLIANCE ase type, desc, estbl GC GENERAL VIOLATION CODE CASE 2/22/13 ,rigination code, desc OS OTHER CITY STAFF jefault inspector ID . . . DLT DARCY TYSON 'errant name, number . . . PARKING NO APPROVED ON SITE 'ase credit balance . . . .00 'ype option, press Enter. 5 ='view vt Name Name type R/A CT CORPORATION SYSTEM FOR RA REGISTERED AGENT Bottom '3 =Exit F5 =Case data F7= Violations F8 =Charges x'10 =Case text '9 =Print history F11 =Liens F12= Cance3 I F13 =Case actions F24 =More keys E202ID1 City of Delray Beach Florida Case Text Inquiry ase number . . . . 13 00038366 roperty address, ID 40 S OCEAN BLVD roperty Control: Number 12 43 46 15 28 001 0040 Iternate ID . . . . . . . enant name, number PARKING NO APPROVED ON SITE ase narrative PARKING ON ACCESS DRIVEWAY NOT APPROVED PER SITE PLAN HAVE NOT SEEN ANY VEHICLES OR MOTOR CYCLES PARKED IN THIS DRIVEWAY DURING THE WEEK DAY FROM 3/25-5 /2.WILL CONTINUE TO MONITOR 04/02/2013 09:44 AM TYSON ------------------------------ AREA HAS BEEN MONITORED FOR A FEW MONTHS NO VEHICLES WERE OBSERVED, 05/09/2013 10:13 AM TYSON ------------------------------ THE ACESS DRIVEWAY WILL BE CHECKED ON SATURDAY 5/18/13 BY ress Enter to continue. 3 =Exi.t F12=Cancel 6/04/1.3 08:13:03 104040 2/22/13 4/02/13 4/02/13 4/02/1.3 4/02/13 5/0°/13 5/0.0/13 5/09/13 5/16/13 More... E202I01 City of Delray Beach Florida 6/04/13 Case Text Inquiry 08:13:03 ase number . . . . . . . 13 00038366 roperty address, ID . . . 40 S OCEAN BLVD 104040 roperty Control Number 12 43 46 16 28 001 0040 .lternate ID . . . . . . . enant name, number PARKING NO APPROVED ON SITE DJ LEE FOR ANY PARKING ISSUES. 5 /16/13 05/16/2013 02:56 PM TYSON ------------------- ------- --- --- - -- 5/16/13 THE AREA HAS BEEN CONTINUELY MONITORED AND NO VEHICLES HAVE 5/19/13 BEEN SEEN PARKED IN THE SOUTH DRIVEWAY ACCESS ON SATURDAYS 5/19/13 OR DURING THE WEEK. 5/19/13 'iolation comments MOD. SITE & DEV. PLANS - COMPLIED THE SOUTHERN ACCESS DRIVEWAY USE HAS BEEN MODIFIED W/0 2/22/13 APPROVAL. PARKING OF MOTORCYCLES, SCOOTERS OR ANY TYPE 2 /22/13 VEHICLE IS PROHIBITED, PLEASE REFRAIN FROM USING THIS 2/22/13 Mare... Tess Enter to continue. 13=9xit Flt= Cancel 'E20211_ 01 City of Defray Beach Florida 6/04/13 Case Text Inquiry 08:13,03 'ase number 13 00038366 'roperty address, ID . . . 40 S OCEAN BLVD 104040 ,roperty Control Number 12 43 4G 16 28 001 0040 .lternate ID . . . . . . . 'enant name, number . , . PARKING NO APPROVED ON SITE ACCESS DRIVEWAY FOR PARKING. ANY CHANGES .NEED APPROVAL THRU 2/22/13 PLANNING & ZONING DEPARTMENT 551-243 -7040. 2/22/13 nspection couments 001 -- MISCELLANEOUS INSPECTION 002 - RE- INSPECTION Results status - INSPECTION COMPLETED I HAVE NOT SEEN ANY VEHICLES OR MOTORCYCLES PARKED IN THIS 5/09 {13 DRIVE WAY-DURING THE WEEK DAY FROM 3/25 --5/2 5/09/13 04/02/2013 09:46 AM TYSON' --------------------- ----- - - - - -- 5/05/13 AREA HAS BEEN MONITORED FOR A FEW MONTHS NO ISSUED OBSERVED 5/09/13 More.... 'ress Enter to continue, `3 -Exit F12=Cancel E202IO1 City of Delray Beach Florida 6/04/13 Case Text Inquiry 08:13:03 ase number _ . . . . . . . 13 00038366 roperty address, ID . . . . 40 S OCEAN BLVD 104040 roperty Control Number 12 43 46 16 28 001 0040 .1ternate ID . _ . . . . errant name, number PARKING NO APPROVED ON SITE 05/09/2013 10:12 AM TYSON ----- ---- -------------- - - - - -- 5/09/13 oa.rd meeting comments then action comments 001 - SERVICE VERIFIED MAILED FIRST CLASS 2/26/13 02/26/2013 02:48 ISM FLOWERS ---------------------------- 2/26/13 and Management Information .egal Description OCEAN PARK DELRAY LTS 4 & 5 & E 14.5 FT OF LTS More... Tess Enter to continue. '3 =Exit F12 =Cancel t! i • �t i 0 O Q O Q Q p O O LD w m 3 W C7 C7 Q CD L] r O LLL m ❑ ❑ O ca ❑ O d �� Q U a ¢ 0 Q X p o LU fl7 L3 n� O V no :2 Z U V) Q Z � ri) Lu C) ' f? 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LLJ U q err v - I- i- r ft >o - :E -i cooJ LL UU CD CD n CD o❑ Cti1 0 Z a 0 CV a z WA MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Assistant Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: July 17, 2013 SUBJECT: AGENDA ITEM 9.11. - REGULAR COMMISSION MEETING OF JULY 25, 2013 FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST/ DELL GROVE ITEM BEFORE COMMISSION The item before the City Commission is the certification of a final plat and approval of a waiver for a single family two -lot subdivision known as "Dell Grove ", located at the southeast corner of N.E. 2nd Avenue and NE 12th Street. BACKGROUND The 0.32 acre subdivision is a replat of Lots 20 and 21, Block 5 of the Map of Dell Park, according to the Plat thereof recorded in Plat Book 8, Page 56, of the public records of Palm Beach County, Florida. The property is zoned Single Family Residential (R -1 -A) and is currently vacant. The replat of the subject property will allow for the development of two (2) single- family homes. The property will be divided into 2 single- family lots and Tract "A ", which is being dedicated for additional road right -of -way for NE 2nd Avenue. Utilities (electric, phone and cable tv) will be provided within 10' general utility easements located along the south side of lot 2 and along the east side of both lots. A non - vehicular access line is being provided along NE 2nd Avenue for Lot 1 (the corner lot), to ensure that the driveway connection is made from NE 12th Street. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. The development proposal includes a waiver request to allow relief to the minimum lot dimension requirements established by Chapter 4 of the Land Development Regulations. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Future Land Use Map The subject property has a Future Land Use Map Designation of LD (Low Density, 0 -5 dwelling units per acre) and a zoning designation of R -1 -A (Single Family Residential) Zoning District, which are consistent with one another. Within the R -1 -A zoning district, conventionally sited single - family detached residences are allowed as a permitted use. Concurrency Since the replat will result in the same number of single - family lots, a concurrency review is not necessary. No internal street system is proposed with this development, as direct access is available from the surrounding roadways. A $500 park impact fee will be required for each new unit at issuance of a building permit. Consistency The performance standards set forth in LDR Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a fording of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Land Development Regulations The existing lot configuration is shown on the attached survey. The existing two lots are "lots of record" which were previously platted as part of the Dell Park subdivision. As shown on the following table, the existing lots, which front on NE 12th Street, do not meet the minimum lot width, frontage or size requirements, but they do meet the minimum depth requirement. Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Interior /Corner Minimum Required 7,500 60'/80' 100' 60'/80' Existing Lot 21 7,000 50' (corner lot) 140' 50' (corner lot) Existing Lot 20 7,000 50' (interior lot) 140' 50' (interior lot) Although both of the existing lots are currently nonconforming, they are still developable pursuant to LDR Section 4.1.4, "Use of Lots of Record ", which states, "Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district." Given the narrowness of the existing lots, the applicant is seeking to reorient the lots so that they front on NE 2nd Avenue. This change will provide better proportions for the lots that will allow more flexibility in the design of the homes. As shown on the following table, with the replat, neither of the proposed lots will meet all of the requirements in Section 4.3.4(x), "Development Standards Matrix" for the R -1 -A zoning district. Lot 1 will be deficient in lot width, depth, frontage and size. Lot 2 will be deficient in lot depth and size. Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Interior /Corner Minimum Required 7,500 60'/80' 100' 60'/80' Proposed Lot 1 7,125 75' (corner lot) 95' 75' (corner lot) Proposed Lot 2 6,175 65' (interior lot) 95' 65' (interior lot) LDR Section 2.4.7 (B) (5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application. that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes. " The applicant has requested a waiver to LDR Section 4.3.4(x) (Development Standards Matrix) to allow the reductions below the minimum requirements for the proposed lots. The applicant has provided the following justification statement to support the waiver request: "The new proposed lot changes will allow for better use of these two lots, and maximize their buildable space. Proposed lots will keep a uniformed access configuration of adjoining properties having access off of NE 2nd Avenue. " Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings 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. With the exception of those lots fronting on NE 3rd Avenue (see attached location map and existing plat for lot pattern in Dell Park), the lots in the residential neighborhood on the east side of NE 2nd Avenue were originally 50 feet wide in the Dell Park plat. However, as the area developed, some of the lots in the neighborhood were combined with other lots or portions of other lots to create larger lots. Today, the area consists of a mixture of lot sizes ranging from 50' to over 100' wide; and smaller lots are located adjacent to larger lots throughout the area. Although there is a variation in the width of lots fronting on NE 2nd Avenue in this area, the proposed reoriented lots are consistent with the existing development pattern on the street, with some homes fronting on NE 2nd Avenue and some fronting on the side streets. It is noted that the two lots immediately south of the subject property were also reoriented from the original plat layout with smaller widths than the proposed lots in the replat. The current 50 -foot width of the lots makes development more difficult. After the side setbacks are accommodated, a home on the existing lot 20 (the interior lot) would be limited to a maximum width of 35 feet, while a home on lot 21 (the corner lot) could have a maximum width of only 27.5 feet. These minimal home widths will result in most of the front facade being dedicated to the garage. With the replat, a home on lot 2 (the new interior lot) could be 50 feet wide and a home on lot 1 (the new corner lot) could be 52.5 feet wide. This will allow much more flexibility in the design of the homes and provide a better orientation with the street. With the replat, the lots will be 95 feet deep after a dedication of 5 feet of additional right -of -way required for NE 2nd Avenue. It is noted that without this dedication, the lots would have met the 100 foot minimum lot depth requirement for the R -1 -A zoning district. Overall, the reorientation of the lots will not adversely affect the neighboring area. Utilities are provided within the adjacent road rights -of -way and the reorientation of the lots will not diminish their provision to the lots or to the neighborhood in general. A 5 -foot general utility easement, which was requested by FPL, has been provided along the south side of lot 2 and along the east side of lots 1 and 2 to service the lots. The existing roadway pattern will not be changed with the replat. A non - vehicular access line has been provided along the front of the corner lot so that access to the garage will be taken from NE 12th Street instead of NE 2nd Avenue which is a city collector. Therefore, the reorientation of the lots will only create one additional driveway connection to NE 2nd Avenue. The immediate traffic impacts from this additional driveway will be minimal and will not create an unsafe situation for pedestrians or vehicles. Other requests to create similar nonconformities under unique circumstances have been previously approved. The "Frysinger properties" located at the southeast corner of S.E. 5th Street and S.E. 4th Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth and size. As previously noted, the configuration of the new lots is compatible with existing lots in the surrounding neighborhood. Given the existing development pattern, the waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. LDR Section 5.1.3(A) (Plat Required A plat is required for the subdivision of any lot, tract or parcel of land, unless it qualifies for a plat exemption pursuant the LDR Section 5.1.4. This replat does not qualify for a plat exemption, since the proposed lots will be nonconforming. LDR Section 5.3.1(Right -of -Way Dedication Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. An additional 5' of right -of -way is being dedicated for NE 2nd Avenue on the plat. Comprehensive Plan Policies: A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Objective was noted: Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development of the subject property is proposed in a manner appropriate and complementary to the adjacent single- family residential development throughout the neighborhood. Based upon the above, positive findings with respect to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations (with approval of the waiver) can be made. REVIEW BY OTHERS T%4;nnr arP not Plonnin`r onrl 7nninn PnarA Courtesy Notices: Courtesy notices have been sent to the following homeowner's and /or civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Del -Ida Park Pnhlic Notice- Pursuant to LDR Section 4.3.1(D), formal public notice of the proposed waiver was provided to all property owners within a 500' radius of the subject property. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION By Separate Motions: Waiver: Move approval of a waiver to LDR Section 4.3.4(x) (Development Standards Matrix) to reduce the required lot dimensions as follows, based upon positive findings with respect to LDR Sections 2.4.7(B) (5) and 4.3.1(D): Lot 1: Reduce the required width and frontage from 80 feet to 75 feet; reduce the depth from 100 feet to 95 feet; and reduce the minimum size from 7,500 square feet to 7,125 square feet. Lot 2: Reduce the required depth from 100 feet to 95 feet; and reduce the minimum size from 7,500 square feet to 6,175 square feet. Plat: Move approval for the Dell Grove Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DELL GROVE PLAT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding Dell Grove Plat has come before the City Commission on July 25, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request and plat approval for Dell Grove Plat. All of the evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.3.1(D), lots created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with the frontage on a street. For corner lots, the side having the least street frontage should be the front for setback purposes." Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot frontage, width, depth, and size below the minimum requirements for the proposed Lot 1, and to allow a reduction in the lot depth and size below the minimum requirements for the proposed Lot 2. Existing and Proposed Lot Dimensions Lot Size (Square Lot Width Lot Lot Frontage Feet) Interior /Corner Depth Interior /Corner Minimum Required 7,500 60%80' 100' 60%80" Existing Lot 1 7,000 50' (Corner Lot) 140' 50' (Corner Lot) Existing Lot 2 7,000 50' (Interior Lot) 140' 50' (Interior Lot) Proposed Lot 1 7,125 75' (Corner Lot) 95' 75' (Corner Lot) Proposed Lot 2 6,175 65' (Interior Lot) 95' 65' (Interior Lot) • Lot 1: • Width /Frontage: The proposed 75' width /frontage is deficient by 5' (minimum 80' required). • Depth: The proposed 95' depth for Lot 1 is deficient by 5' (minimum 100' required). • Size requirement: Lot 1 is 7,125 square feet and is deficient in size by 375' (7,500 sq. ft. required) • Lot 2: • Depth: The proposed 95' depth for Lot 2 is deficient by 5' (minimum 100' required). • Size requirement: Lot 2 is 6,175 square feet. It is deficient in size by 1,325 square feet (7,500 sq. ft. required) A. Should the waivers to Section 4.3.4(K) to reduce frontage, width, depth, and size requirement for Lot 1 be granted? Yes No B. Should the waivers to Section 4.3.4(K) to reduce depth and size requirements for Lot 2 be granted? Yes No II. Plat Approval: The required findings for approval are hereto attached as "Exhibit A ". Should the Dell Grove Plat be granted? Yes No 2 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original plat was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver requests and plat approval and hereby adopts this Order this 25th day of July, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 3 Cary D. Glickstein, Mayor Exhibit A PLAT FINDINGS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. 1. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map Designation of LD (Low Density, 0 -5 dwelling units per acre) and a zoning designation of R -1 -A (Single Family Residential) Zoning District, which are consistent with one another. Within the R -1 -A zoning district, conventionally sited single - family detached residences are allowed as a permitted use. 2. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Since the replat will result in the same number of single - family lots, a concurrency review is not necessary. No internal street system is proposed with this development, as direct access is available from the surrounding roadways. A $500 park impact fee will be required for each new unit at issuance of a building permit. 3. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. Section 3.2.1 Basis for Determining Consistency: The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.3 Standards for Site Plan and /or Plat Actions: (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Meets intent of standard 12 (B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not Applicable (C) Open space enhancements as described in policies found under Objective B -1, of the Open Space and Recreation Element are appropriately addressed. Not applicable (D) The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable (E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Meets intent of standard (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Meets intent of standard (G) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Meets intent of standard (H) The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Meets intent of standard (I) Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Meets intent of standard (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Comprehensive Plan Policies: a. Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. 5 There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development of the subject property is proposed in a manner appropriate and complementary to the adjacent single - family residential development throughout the neighborhood. 4. Section 3.1.1 (D) - Compliance with the Land Development Regulations: LDR Section 5.1.3(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land, unless it qualifies for a plat exemption pursuant the LDR Section 5.1.4. This replat does not qualify for a plat exemption, since the proposed lots will be nonconforming. LDR Section 5.3.1(Ri2ht -of -Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. An additional 5' of right -of -way is being dedicated for NE 2nd Avenue on the plat. LDR Section 4.3.4(K) (Development Standards Matrix): A waiver to lot frontage, width, depth, and size requirements, pursuant to Section 4.3.1(D), is required. 0 Z-- I I I HEATHER LAN c� HIGHLAND LN. 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EU C)Eo ..� o❑ a �. as I: �w :- oronr xoa a ►w ®A�iYJJNhS Oo AWI ,9r5 mwi 0.1 ON 1N3W3AVd -0300 AJ1711R fvn•T .0 aw103 r %3h0adw) IWd i0J IXi'S91 :. I ... HfIN9AV PuZ 'H'N I (daUVATU109 as109 C� Q IV Q 'v v vii W ww bh Q IV Q 'v v O bh �91 OU WA-W7'j)Ofiv - — - — - — - — - — p� I Z 99 is �91 OU WA-W7'j)Ofiv - — - — - — - — - — p� v L7 O 99 is v L7 O City Commission Documentation, Meeting of July 25, 2013 Final Subdivision Plat — Dell Grove APPENDIX A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent 1 City Commission Documentation, Meeting of July 25, 2013 Final Subdivision Plat — Dell Grove F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. 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M iS3M 1tl 1N3AANOW / €`A2zPo ,06'444] M1 \.04�EEv00N f31Na DN HOH393Wltld 9NH03S -'- 0 1Stl3 Eb 3`JNb'L'H1f19S 90 dIHSNN \91J � - 'G N01193S d03NI1153N\ - - ° aow ' - �F� - -oap pQ3z - - - c'1u0 - ttu - c -- >0 I1 $1, 9�o aJ - - 2, W �Gz azmo J - yFa�y��� c >- w w ° - w- - m�� ow k -wssw_ - oo�LLZO`a'v ox -- w pzg WFO 3aoci�w _ SNwo�_ - - _ h - -� - o00 A. n m - - w- z = ° F Q o z aaaaaaa�� - °° - wogs wzNo o z° z z,oa °w =° o ° 0.w - -- zz of -_ zw- - - - oLLLL� J_�s o a o yj czaoz� a °m_ °z,wzwNOwusz� w E. w ° - - _ qz�.� Q�m� _a�N�a�.nx�a �6� _ a�umc °aiw�`, ,xa F' a x s F m° LL a f C') (,4y sa'a'e'a a3dl �, sx�mu ova GI .Ln'I w a �a 00'Obl 3,�90�LZo00S {1N3w3sv3ununivaaN3soe °o _ II o aaa LL] Nm � �6 VFIm cV �.Q � FUm Z 3NIl 55399tl I 21V1f191H3�-NON 00'79 1� 3.,,`na oos 3.eo,tzo0os � I - wlow - MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: July 12, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JULY 25, 2013 WAIVER REQUEST/ 313 N.W. 1ST AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver from LDR Section 4.4.24(F)(4), which provides for a maximum front elevation width of 60', whereas a 71' 11" width is proposed. BACKGROUND At its meeting of June 19, 2013, the Historic Preservation Board (HPB) considered and approved with conditions a Certificate of Appropriateness (COA) for the construction of a single- family residence. The HPB considered this waiver request concurrently with the COA and recommended approval to the City Commission. WAIVER ANALYSIS Pursuant to LDR Section 4.4.24(F)(4), except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. The subject proposal includes a front elevation which measures 71' 11" in width. The following is an excerpt from the justification statement (see attached for complete statement) submitted for the relief request: "...Please note that this home is situated on 3 lots and has been carefully designed to preserve as many viable trees within the orchard as possible. Furthermore, the home has multiple additional setback distances along the west elevation frontage that greatly reduce the visual mass and scale of the home along NW I st Avenue and this accomplishes the intent of the this LDR to reduce the overall scale of the building within the landscape... " Waiver Criteria: 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. Although the specific waiver criteria has not been addressed, the explanation offered provides justifiable reasoning as to why the proposed width exceeds the requirement. The added width will not adversely affect the neighboring area, because the front elevation has a majority of the wall plane set back an additional 8', as required by Section 4.5.1(E)(8) in order to provide "visual compatibility" of scale and massing. Further, the subject waiver would be supported in a similar situation and circumstance involving a larger lot with a lower scaled single - story, single family residence as is proposed. Therefore, positive findings can be made and the waiver request may be supported. RECOMMENDATION Approve a waiver to LDR Section 4.4.24(F)(4), to permit the width of the front elevation to measure 71'11 ", whereas 60' is the maximum width permitted, based upon positive findings of LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 313 NW 1ST AVENUE 1. This waiver request came before the City Commission on July 25, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 313 NW 1st Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.24(F)(4) Pursuant to LDR Section 4.4.24(F)(4), the maximum width of a building fronting a street in the Old School Square Historic Arts District (OSSHAD) shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. The applicant is asking for a waiver to allow for the building width of the elevation fronting the street to be 71'11 ". Should the waiver to Section 4.4.24(F)(4) be granted? ► r•7 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 25 day of July, 2013 by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor OJ 0 r \ O W G� z W N. E. 5TH Q w z L A K E I D A R 0 A D = C H � � M ji MARTIN uu =uu= LUTHER KING JR. Li ¢ Li ¢ z � N DRIVE r w 0 CD w z Ll c- 1ST qT N. E. ' N SUBJECT PROPERTY 313 NW 1ST. AVENUE z 0 z LOCATION MAP DEPARTMENT Li = C H � � M ji MARTIN uu =uu= LUTHER KING JR. Li ¢ Li ¢ z � N DRIVE r w 0 CD w z Ll c- 1ST qT N. E. ' N SUBJECT PROPERTY 313 NW 1ST. 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Project Location: 313 NW 1St Avenue, Old School Square Historic District HPB Meeting Date: June 19, 2013 File:2013 -172 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) and waiver requests associated with the construction of a single - family residence on the property located at 313 NW 1st Avenue, Old School Square Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property is located on the east side of NW 1St Avenue, north of NW 3rd Street and measures .43 acres. The vacant parcel is located within the Old School Square Historic District and is zoned OSSHAD (Old School Square Historic Arts District). An orchard exists on the property which contains many mango trees. There are no previous COAs on file regarding this property. The subject request is a COA for the construction of a one- story, single- family residence and detached, two -car garage which consist of the following details: • Square Feet: 3,087 under air; 4,507 under -air, plus garages. • Materials: • Exterior: Combination of smooth stucco with a raised smooth stucco base. • Roof: Flat, white reflective finish • Windows and Rear Sliding Doors: Anodized aluminum, Impact Resistant • Doors: Front & Gates -Wood; Rear - Metal; Garage - Metal; • Colors: • Walls: Base -Smoke Embers; Upper Wall -White Cloud Roof: White • Garden Walls, Gates, & Fascia: White Cloud • Windows and Sliding Doors: Gray and smoke tinted glass • Columns: Gray painted steel post • Metal Doors: Smoke Embers • Garage Doors: Manufacturer Gray The proposed single - family residence is centrally located on the property, and the proposed detached garage sits in the southeast corner of the property. The architectural style is reminiscent of 1960's contemporary design with the flat roof lines, clerestory windows, large overhangs, single -light windows, tall wing wall, and minimal ornamentation. INI-nefing jr.lrm' 19, -20,11,3 2 of c A 4' high concrete garden wall with a smooth stucco finish will run along the front property line, and into the property to attach to the residence. A wood gate provides access to the front entry from the driveway. A 4' tall wood, shadowbox fence will be installed along the south property line, while an 8' tall, wood shadowbox fence is proposed along the rear property line. A 16'x30' swimming pool and hot tub are located in the rear yard and surrounded by a paver deck. The proposed driveway and entry walkway both consist of light gray pavers in a herringbone pattern. The proposal includes two waiver requests. The first waiver seeks relief to Section 4.4.24 {F)(1), which provides for a maximum front elevation width of 60', whereas 71'11" are proposed. The second waiver seeks relief to Section 4.6.5(C), which limits heights of walls within the front yard to 6' in height. The proposed wall which encroaches into the front yard setback measures 14' in height and is attached to the front elevation as an architectural feature. The COA and Waiver requests are now before the Board for consideration. CERTIFICATE OF APPROPRIATENESS ANALYSIS Items identified in the Land Development Regulations shall be specifically addressed by the body taking final action on the site and development proposal. Article 4.4, Base Zoning District Section 4.4.24, Old School Square Historic Arts District ( OSSHAD) (13)(2), Principal Uses and Structures: Single - family residences are allowed within the OSSHAD as a permitted use. STAFF COMMENT: The proposed residence is a permitted use. (F), Development Standards, the development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply. Lot Coverage (Max) 40% 24% Setbacks Front (West) _ 25' 25'7'/2" Side Interior {North) 7'6" 297' Side Interior {South) _.......... .. .. ............ 7'6' 771/2" Rear (East) 10' 10 11'/2 Open Space (Min) 25% 50% Height 35 ................... 16'4„ STAFF COMMENT: The chart above illustrates compliance with the required development standards. Therefore, positive findings can be made. (F)(4), Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. STAFF COMMENT: The foremost portion of the front elevation measures 71'11" in width, which exceeds the 60' maximum as required above. Therefore, a waiver to exceed the requirement has been submitted and is analyzed further in this report. (G), Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6 are applicable. STAFF COMMENT: A review of Article 4.6 is provided below. (G)(3), All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. STAFF COMMENT: The required parking has been provided to the side of the residence; there is no alley access available for the subject property, Section 4.6.5(C), Walls, Fences, and Hedges: Height Restrictions Walls, fences, or hedges located in a required front yard or street side yard shall not exceed six feet (6) in height. Walls, fences, or hedges located in a required interior side or rear yard shall not exceed eight feet (8) in height. Such height is further regulated by subsection (A), above. For the purpose of this section, height is to be measured from the undisturbed (natural) grade of the ground adjacent to the exterior of the fence, wall or hedge. STAFF COMMENT: The "garden wall" feature which extends from the front elevation and into the front setback area measures 14' in height. The height should be reduced to measure no more than 6' in height in accordance with the above requirement. Therefore, the applicant has submitted a waiver to this requirement; the waiver is analyzed further in this report. Section 4.6.9(C)(2)(b), Number of Parking Spaces Required- Requirements for Residential Uses, Duplexes: Two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24' in width. STAFF COMMENT: The required parking has been provided within both the attached and detached two -car garages. SECTION 4.5.1, HISTORIC PRESERVATION DISTRICTS AND SITES Article 2.4, General Procedures Section 2.4.6, Procedures for Obtaining Permits and Approvals (H)(5), Certificate of Appropriateness for Individually Designated Historic Structures and all Properties Located within Historic Districts, Findings: Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A -4 of the Land Use Element of the -, 11 3 W-43 19, 200,5 !,'%a ge 4 of ,9 Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the interior's Standards for Rehabilitation. Section 4.5.1, Historic Preservation Sites and Districts (E), Development Standards, All development regardless of use within individually designated historic properties and /or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. STAFF COMMENT: In accordance with the above, the aforenoted criteria has been analyzed throughout this report. (E)(2)(b)1., Major and Minor development: New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD subject to CBD design guidelines. STAFF COMMENT: The subject proposal is considered "Major Development" as it consists of new construction within the Old School Square Historic District, which is zoned OSSHAD. Therefore, the proposal has been reviewed accordingly. 4.5.1(E)(3)(a)1.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls: Fences and walls over four feet (4) shall not be allowed in front or side street setbacks. 4.5.1(E)(3)(a)l.e., Buildings, Structures, Appurtenances and Parking; Fences and Walls: Decorative landscape features, including but not limited to, arbors, pergolas, and trellises shall not exceed a height of eight feet (8) within the front or side street setbacks. STAFF COMMENT: A 4' tall garden wall runs along the front property line and also perpendicular to the front property line by connecting to the residence. A chain link fence exists along the north property line, and will be removed. No replacement fence is indicated along the north property line. A 4' wood, shadowbox fence is proposed along the south property line, and an 8' wood, shadowbox fence is proposed along the rear property line, While not a requirement, it is recommended that the 8' tall rear fence be reduced to 6'. The reduction would maintain the lower scaled character of the district, regardless of visibility from the front of the property. There are additional properties which abut the subject property and which are also located within the historic district. The height reduction to 6' has been added as a condition of approval. (E)(3)(b)1., Buildings, Structures, Appurtenances and Parking, Parking: Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and /or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and /or properties located in historic districts for parking_ Parking lots shall strive to contribute to the historic nature of the properties /districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right -of -way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. STAFF COMMENT: The proposal includes two, two -car garages; one garage is attached and is a side -load garage, whereas the other garage is detached and faces the front of the property, yet is set further back on the property. The placement of the parking is to the side of the residence and existing and proposed landscaping assist in screening these elements. This requirement has therefore been met. (E)(5), Standards and Guidelines, a historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Standards New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard 10) STAFF COMMENT: In consideration of the applicable Standards noted above, the proposal is differentiated from the "old" or historic architecture of the district, and is not considered to impact the historic integrity of the "environment" or historic district. The new construction, if removed in the future, will not impair the essential form and integrity of the environment, either. Therefore, positive findings can be made. (E)(8)(a -I), Visual Compatibility Standards, new construction and all improvements to contributing buildings, structures and appurtenances thereto within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. . (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5, 1 (E)(2)(a), shall also be determined through application of the following. 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c), Proportion of Openings (Windows and Doors), The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing INV'Y i` 2013­1'72 kP` tl,�atiwl June 19. 20-3 historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f), Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g), Relationship of Materials, Texture, and Color, The relationship of materials, texture, and color of the facade of a building and /or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60 5,o) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line. 2. For buildings deeper than fifty percent (50 %) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (1) Architectural Style. All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. 3 13 NVV 1' Ave nole: 200 3.172 HP6 Mieeting June '9, 2013 Page 7 of 9 STAFF COMMENT: In consideration of the applicable Standards for Rehabilitation and Visual Compatibility Standards noted above, the proposal meets their intent. Those Standards which the proposal does not meet, or which are more significant or impacting, are further analyzed below: (a)Height: A majority of the structure measures just 11'6" to the top of the flat roof; however, the tallest point measures 164" to the top of the centrally located flat roof. The low height is appropriate to the architectural style, and is compatible with the historic district, as well. New construction applications do not typically consist of a one -story structure, and the reduced height is much appreciated. Regarding the BHP, the wing wall on the front elevation encroaches into this area. However, this architectural feature is considered to be part of the garden wall, not the building, and relief to the BHP is not required. (b)Front Fagade Proportion: The front facade proportions are in keeping with both the style of the district and those later historic architectural examples which also "ramble" along the landscape while maintaining a lower single -story scale and mass. (e)Rhythm of Buildings on Streets: The relationship of this building to the street and adjacent properties will not negatively impact the streetscape. The structure is centrally located on the large site and leaves a significant amount of open space between the structure and adjacent properties. While altered due to any amount of new construction of development, the subject proposal strives to minimally impact the existing character. (g)Relationship of Materials, Texture, and Color: The proposed smooth stucco combined with the proposed light colors are all appropriate and compatible to the style of architecture and will be complimentary to the historic district and those later historic examples which remain in the neighborhood. (j)Scale of a Building: The compatibility of the proposed building scale as determined by the required calculations has been met with the additional side setbacks of the building, as well as the additional setback of the building from both the front and rear property lines. The overall scale and massing is low and will not negatively impact the historic resources to the rear of the property which front onto North Swinton Avenue, nor impact those existing single - family residences located outside of the historic district and across the street on NW 1"Avenue, Given the above, positive findings can be made with respect to the Visual Compatibility Standards. WAIVER REVIEW AND ANALYSiIS Section 2.4.7(B)(5), Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations, Waivers: 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. Section 4.4.24(F)(4), Except for properties identified in Sections 4.4.24(F)(9) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street 313, NVv 1" Avenue, 20,11,31-172 HFI Vi Yir: ,Jurra 1 <), 2013 Pa, e8of9 shall be limited to 60' and shall have a minimum separation of 95' between buildings fronting a street in a development site that contains more than one structure. STAFF COMMENT: The proposed front elevation measures a total width of 71'11 ", whereas a maximum width of 60' is permitted. The following statement has been submitted in support of the added width: "...Please note that this home is situated on 3 lots and has been carefully designed to preserve as many viable trees within the orchard as possible. Furthermore, the home has multiple additional setback distances along the west elevation frontage that greatly reduce the visual mass and scale of the home along NW 15f Avenue and this accomplishes the intent of the this LDR to reduce the overall scale of the building within the landscape..." Although the specific waiver criteria has not been addressed. The explanation offered provides justifiable reasoning as to why the proposed width exceeds the requirement. The added width will not adversely affect the neighboring area in the front elevation has a majority of the wall plane set back an additional 8', as required by Section 4.5.1(E)(8) in order to provide "visual compatibility" of scale and massing. Further, the subject waiver would be supported in a similar situation and circumstances of a larger lot with a lower scaled single -story, single family residence proposed. Given the above, positive findings can be made and the waiver request may be supported. Section 4.6.5(C), Walls, Fences, and Hedges: Height Restrictions Walls, fences, or hedges located in a required front yard or street side yard shall not exceed six feet (6) in height. Walls, fences, or hedges located in a required interior side or rear yard shall not exceed eight feet (8) in height. Such height is further regulated by subsection (A), above. For the purpose of this section, height is to be measured from the undisturbed (natural) grade of the ground adjacent to the exterior of the fence, wall or hedge. STAFF COMMENT: As previously indicated the proposed wall measures 14' in height within the front setback and is designed as an architectural feature. In justification of the request, the applicant has submitted the following: "...This wall is an integral part of the aesthetic and design of the home and provides no additional square footage to the home. The architectural wall is simply an expression of the building and the overall impact within the setback is minimal..." It is noted that the specific waiver criteria has not been addressed. The waiver cannot be supported in that an architectural feature, or garden wall, such as the one proposed could still be maintained at the required height of 6'. In consideration of the criteria, the increase in height within the front setback may not adversely affect the neighboring area in that the encroachment is minimal and does not add massing to the building. However, the granting of the waiver could be deemed to be a special privilege in that the same feature could be achieved at a lower height, which would also not encroach into the BHP, and the same request would not be supported for similar circumstances on other property. Given the above, the requested waiver cannot be supported and positive findings cannot be made, as proposed. Further, it is added as a condition of approval that the wall be reduced to a height of 6' from 14'. ALTERNATIVE ACTIONS A. Continue with direction. B, Move approval of the Certificate of Appropriateness (2013 -172) for 313 NW 1st Avenue, Old School Square Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations. C. Move denial of the Certificate of Appropriateness (2013 -172) for 313 NW list Avenue, Old School Square Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in the Land Development Regulations. (Motion to be phrased in the affirmative. See above.) RECOMMENDATION By Separate Motions: Certificate of Appropriateness Approve the Certificate of Appropriateness (2013 -172) for 313 NW 15t Avenue, Old School Square Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.4.6(H)(5) subject to the condition that the fence along the rear property line be reduced to 6'. Waiver: LDR Section 4.4.24(F)(4), OSSHAD Development Standards Recommend approval to the City Commission of a waiver to LDR Section 4.4.24(F)(4), to permit the width of the front elevation to measure 71'11 ", whereas 60' is the maximum width permitted, based upon positive findings of LDR Section 2.47(13)(5). Waiver: LDR Section 4.6.5(C), Walls, Fences, and Hedges: Height Restrictions Recommend denial to the City Commission of a waiver to LDR Section 4.6.5(C), to permit the height of a garden wall to measure 14', whereas 6' is the maximum height permitted within the front yard setback area, based upon a failure to make positive findings of LDR Section 2.4.7(B)(5), Report prepared by: Amy E. Alvarez, Historic Preservation Planner Y f- oil A`.: I - Io t f. ^r i a ' I 1, 4. I f, I Pra t b7b£E 'l3 'u eee l�"oCl 'enuantl IS b MN £ L E e nOH pleyoap, o � � � :aouapisw mau pasodmd - =- - - - -�- - - - - - -- _ � �p <n i ! I c 9 cl FIF �. 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I f/ .: Nbtl9135 tldVA -1Nbb3 i I 3NI1 A1a3d01dd� ��$ g6,• ' I o t NpF 3n�n ua�do�T- AON9135 ONHA 1NOiu N�v��s oavA�NO 3N3 Ala3dOEld� 7 I I ; / __ \ G \ ' \ 2 \ § ric \ � \ § { §j k - m . \ � � ( � ) I � � ,- ; / __ \ G \ ' \ 2 \ § ric \ � \ § { §j k - m . \ � � ( � ) I � � rn 'onmAvin MIN M GsnOH PAei4ojo F! 16 > ED LLJ �q Q (D CL In cl) IL Ld W fn Ld o (D LJ o 2"5-- Ad, t n I I "'K ry- 1 'z-� LLj >< MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JULY 25, 2013 REQUEST TO RELOCATE AND REDUCE PARK RENTAL FEES FOR THE GREEN MARKET ITEM BEFORE COMMISSION Commission is requested to consider a request received from Lori Nolan to again approve locating the Green Market this upcoming season in Old School Square Park and to reduce the park rental fees. BACKGROUND Attached is a request received from Lori Nolan on behalf of the Green Market to utilize Old School Square Park for the upcoming Green Market season and to reduce park rental fees. The Green Market is part of the CRA's Economic Development initiative and as such is a function of the CRA. The Green Market season begins October 19, 2013 and ends May 10, 2014. Dates the park is not available due to event use are November 2, 2013, February 8, 2014, March 22, 2014 and April 26, 2014. Hours that the market would be open are 9:00 a.m. to 2:00 p.m., with set up beginning at 6:00 a.m. and the site cleared by 4:00 p.m. Based on the above, there would be twenty -six (26) Saturdays the park would be used. Attached is a copy of the Old School Square Park Rental Agreement indicating park rules and rates. Based on the need to use the entire park, the full day non - profit rental rate would be $600 per day. The total rental income based on this rate would be $15,600. At the $330 requested rental rate, the rental income would be $8,580. A similar discount was approved last season. RECOMMENDATION Staff recommends approval of the Green Market request to relocate to Old School Square Park for the upcoming season and to reduce the rental rate to $330 per day plus utilities costs. Barcinski, Robert From: Simmons, Tim Sent: Tuesday, July 16, 2013 19:43 AM To: Barcinski, Robert Subject: RE: Green Market/OSSP I just spoke with Lori. She is not extending her hours. They will open at 9:00 AM and close at 2:00 PM . It will take her an hour half to clean up and leave. She also is working the similar operation as other venues. I have asked her to confirm that with you. From: Barcinski, Robert Sent: Monday, June 17, 2013 11:15 AM To: Simmons, Tim Subject: RE: Green Market /OSSP I have it on my desk to complete review and get on 7/9 Commission meeting. Let's get together and discussed. I was not aware of longer hours. From: Simmons, Tim Sent: Monday, June 17, 2013 11 :14 AM To: Barcinski, Robert Subject: FW: Green Market/OSSP Importance: High Bob, I have been informed that a decision has not yet been made regarding the use of Old School Square Park. For 2013 -2014. Looking at Lori's request it appears she is asking for longer hours. I am concerned that may interfere with other reauest for rentals. And was wondering what are vour thouzhts? From: Dungey, Sherry Sent: Friday, June 14, 2013 1 :59 PM To: Simmons, Tim Subject: FW: Green Market /OSSP Importance: High Tim, See the emails below regarding Green Market going to Commission. Sherry Dttngey Executive Assistant City or De(m y Bead Parks and Recreation Department (561) 243 -7252 aaingey'.a)nz ydeCra.ydeacfi.com View the Parks and Recreation online Spring §ummer Activities Guide! From: Dungey, Sherry Sent: Monday, June 10, 2013 8:05 AM To: Karch, Linda Subject: RE: Green Market /OSSP Importance: High Thanks for your consideration to this matter. Lori Nolan Delray GreenMa,rket in the park 20 N. Swinton Avenue Delray Beach, Florida 33444 561.276.751 1 Applicant Name: Address: (Street) Email Address: City of Delray Beach Parks and Recreation Department Old School Srluare 1'rtjlc Phone: (day(ime) "Starts AEI RAhC;„ InParks Parks 6 Recreation r••, (ch)" State, Zip) (cell) For purposes of defining the park space, Old School Square Park is divided into 3 sections, as indicated ou the attached map between light poles in the park. This is an open park and the area reserved does not prohibit the public from accessing the reserved area. Park hours are 8 a. tit. --10 p.m, unless authorized by a special event permit and approval. Arelr 1— NE 1st Ave. (ciostst io oss Paviuon) Area 2 — Middle Section Arent Requested: Date Requested: Type of Activity: Estimated Attendance: REQUEST.• Time: From: Age Group: Area 3 — NE 2`1 Ave. am/pm To: atn/pm Facilities Needed: ❑ Restrooms ❑ Lights ❑ Electric ❑ Water hook -up Is organization non - profit? Will there be fees charged? Comments: (If yes, please attach copy of IRS tax exempt certificatc) Yes No Yes No If yes, what are they? PARK RULES AND REGULATIONS I ) All rental fees must be paid at application time (at least 2 business days prior to the event). 2.) Alcoholic beverages are prohibited at all City parks and facilities unless waived by the City Manager per code. 3.) No motorized vehicles are allowed in the park beyond the parking area unless authorized for the event set -up. 4.) The area must be left in the same condition as when you arrived. 5.) In order to receive a refund, a 48 hour notice is required. The cancellation and refund request must be put in writing. 6.) No pony rides, golfing, grills, open fires, silly string or anything that leaves debris behind will be allowed in the park. 7.) Tents without stakes (held down by sandbags) may be allowed with the approval from the Parks and Rec Department. 8.) A certificate of insurance or special event application may be required for some events or activities. 9.) This is an open public park. The general public cannot be prohibited from accessing the reserved area (unless fenced off by permit for a special event). Please be sure you have your copy of this permit on -site. RENTAL FEES: All fields will require a $100.00 refundable security deposit. Non- Profit Pra at One area rental $110.00 / 4 hours $200.00 / all Day $220.00 / 4 hours $400.00 / day Two Area Rentals $220.00 / 4 hours $400.00 /all Day $440.00 / 4 hours $800.00 / day Entire Park $330.0014 hours $600.00 / all Day $660.00 / 4 hours $1,000.00 / day Water hook -up Minimum $20.00 / or actual usage, whichever is greater Electric $20.00 Flat fee Sales Tax 6% Your Rental Fee is: + Refundable Deposit Revised 05128/13 RELEASE WAIVER I, the undersigned, intending to be legally bound, do hereby for myself, family, guardians, charge /charges, heirs, executors and administrators, waive and release any and all rights and claims for damages, which I /we may have against the City of Delray Beach, their representatives, successors and employees for any injuries which I /we may suffer in connection with my /our use of this facility. At various times the City of Delray Beach videotapes and photographs events to be submitted to the local media. By using this facility, Vive hereby authorize the City of Delray Beach to reproduce, copy, exhibit, publish, broadcast, or distribute any and all such tapes or photographs. I have read the above and understand the rules and regulations of the City of Delray Beach that have been made available to me. Applicant Signature Date Recreation Department Approval Date OFFICE USE ONLY: Deposit Paid: Rec Trac #: Date: DISTRIBUTION: Customer ( }; Park Rangers ( ); Old School Square ( }; Assistant City Manager ( ); Police Dept. ( ) Parks Maintenance ( ); Building Maintenance ( ) Balance Paid: Rec. Trac #: Date: DISTRIBUTION: Customer ( ); Park Rangers ( ); Old School Square ( ); Assistant City Manager ( }; Police Dept. ( ) Parks Maintenance ( ); Building Maintenance ( ) Revised 05/28/13 City Rental Fees for local Green Markets WPB Green Market (City run) located at Waterfront Common's Park - No charge Palm Beach Gardens Green Market (City run) located at City Hall Complex -- No charge Boca Green Market (City run) located in Royal Palm Plaza Parking lot - No charge Pompano Green Market (CRA run) along the street in front of City Hall - No charge Boynton Green Market (CRA run) located in City Park on Ocean Avenue - No charge Deerfield Farmers Market (private) located in The Cove Shopping Center - City provides staff @ N/C Lake Worth Farmers Market (private) located in Old Bridge Park - $500 per month tXRA DIIRAV 0 c A [ H 20 N. Swinton Avenue + Delray Beach, FL • 33444 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Louie Chapman, Jr. City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JULY 25, 2013 DISCUSSION REGARDING CORRESPONDENCE RECEIVED FROM THE CITY'S CURRENT FRANCHISER ITEM BEFORE COMMISSION This item is before Commission to discuss correspondence received from the City's current franchisee regarding beach equipment rental. MICHAEL S. WEINER JEFFREY C. LYNNE LAURIE A. T1IOMPSON JUSTIN M. CLAUD L. DIANA HILEMAN June 19, 2013 VL4 HAND DELIVERY Brian Shutt, Esquire City Attorney 200 NW Vt Avenue Delray Beach, Florida 33444 LAW OFFICES WEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION 10 SE 1°' AvENuE, SUITE C DELRAY BEACH, FLORIDA 33444 TELEPHONE (561) 265 - 2666 EACSnmZ E (561) 272 - 6831 MWEINER@ZONELAW.COM W W W.ZONEILAW.COM RECEIVED JUN 19 2013 CITY ATTORNEY Re: Early Termination of City Contract with Oceanside Beach Service, Inc. Our File: OBSI012 Dear Mr. Shutt: This firm has been retained by Oceanside Beach Service, Inc. ( "OBSI") to protect OBSI's rights under its renewal contract ( "Renewal Contract ") with the City of Delray Beach ( "City ") in which OBSI has agreed to pay the City monies, as defined by the Renewal Contract, in exchange for the exclusive right to provide, among other things, umbrella and cabana rentals on Delray Beach to the general public. As you know, OBSI and the City originally entered into a contract after receiving a recommendation at the City Commission meeting of May 5, 2009 ( "Original Contract "), which was for a term of three (3) years (the "Original Term ") and a renewal term of three (3) years (the "Renewal Term "). Prior to the expiration of the Original Term, the City reached out to Mr. Mike Novatka, principal of OBSI, inquiring as to whether OBSI would agree to a renewal of the Original Contract based upon the renewal option contained in the Original Contract. After Mr. Novatka responded in the affirmative, the City and OBSI entered into the Renewal Contract. The written confirmation of the Renewal Contract from the City is attached hereto as Exhibit 661." The Original Contract contained, among other things, a pricing list which was the basis upon which OBSI offered certain services to the public and this list is attached hereto as Exhibit 112" (the "Price List "). The Renewal Contract provides that OBSI shall be entitled to provide the services listed in the Renewal Contract on the same terms and conditions as set forth in the Original Contract for the Renewal Term. As a result, OBSI continued to make specific payments set forth therein and continued to offer memberships. On May 22, 2012, the City Commission discussed the Renewal Contract, mentioning among other things, that they were aware of the fact that the Original Contract had been renewed. Approximately eleven (11) months later, beginning April 9, 2013, there were discussions about the Renewal Contract by the City Commission, including but not limited to the possible exercise of a termination for convenience clause (the "Convenience Clause ") to terminate the Brian Shutt, Esquire June 19, 2013 Page 2 Renewal Contract prior to the end of its term solely for the purpose of obtaining a greater fee from the provider. At an additional workshop meeting of the City Commission convened on May 14, 2013, discussions reaffirmed that the City's stated purpose was to increase the fee, that the City would review all contracts in which a termination for convenience clause existed and would revise the Request for Proposal used in connection with the beach. It was stated that no notice as to termination had yet been made. So, before any breach occurs, we are writing this letter on behalf of OBSI. The Renewal Contract should not be terminated for at least the following reasons: (1) the termination of the Renewal Contract, prior to its expiration, would breach the implied duty of good faith and fair dealing; (2) the City would be prohibited from terminating the Renewal Contract prior to its expiration based upon estoppel; and (3) the Convenience Clause cannot be utilized in bad faith. DESPITE THE EXISTENCE OF THE CONVENIENCE CLAUSE IN THE CONTRACT, TERMINATION OF THE CONTRACT PRIOR TO THE END OF THE AGREED UPON THREE (3) YEAR TERM WOULD BREACH THE IMPLIED DUTY OF GOOD FAITH AND FAIR DEALING. There is an implied duty of good faith and fair dealing in every contract entered into in the State of Florida. Ins. Concepts & Design, Inc. v. Healthplan Servs., Inc., 785 So. 2d 1232 (Fla. 4th DCA 2001). The covenant of good faith and fair dealing is intended to protect the reasonable expectations of the contracting parties in light of their express agreement. Id. The Renewal Contract admittedly contains the Convenience Clause, which is a clause that purportedly allows the City to terminate the Renewal Contract at any time and at its sole discretion, as long as the City gives OBSI thirty (30) days written notice. However, the fact that the Renewal Contract contains the Convenience Clause does not change the fact that the covenant of good faith and fair dealing protects the reasonable expectations of the parties in any contract matter. The Price List, among other things, demonstrated that both parties had the expectation that the Original Contract and Renewal Contract would last at least for an annual period and not a monthly period, allowing OBSI to provide annual memberships to the general public. Based on the events, timeline and terms of the Renewal Contract described above, OBSI reasonably expected that OBSI would be allowed to provide its services for the term of the Renewal Contract. Prior to entering into the Renewal Contract, the City had an opportunity to evaluate whether the pricing used during the Original Term was acceptable and chose to renew the Renewal Contract which provided for the same pricing schedule. In doing so, the City accepted the responsibility for the pricing and annual memberships. For the City to now claim that the City can terminate the Renewal Contract solely to obtain a more lucrative agreement would be a failure to provide to OBSI what it reasonably expected to receive, and the basis on which the bargain was made. O:\OBSI012 \Letter to Brian Shutt re Early Termination of City Contract. June 18 2013.docx Brian Shutt, Esquire June 19, 2013 Page 3 THE CITY WOULD BE PROHIBITED FROM TERMINATING THE RENEWAL CONTRACT PRIOR TO THE END OF ITS TERM BASED UPON ESTOPPEL. Estoppel contains the following elements: (1) the party against whom estoppel is sought made a representation about a material fact that is contrary to a position it later asserted, (2) the parry claiming estoppel relied on that representation, and (3) the party seeking estoppel changed its position to its detriment based on the representation and its reliance on it. Sun Cruz Casinos, L.L.C. v. City of Hollywood, Fla., 844 So. 2d 681 (Fla. 4th DCA 2003). In this instance, all elements are met. As to the first element, as evidenced by the letter from the City and the conversations at the May 22, 2012 meeting, the City made a representation about a material fact, namely renewal of the Original Contract and is now attempting to take a contrary position to its own assertions. As to the second element, OBSI relied upon the original position of the City in offering annual memberships and in purchasing new equipment to be utilized under the Renewal Contract. As to the third element, a change in position by the City would be to the detriment of OBSI in that OBSI would be unable to fulfill the annual memberships, among other things. By entering into the Renewal Contract, the City represented to OBSI that the pricing contained in Renewal Contract was acceptable. The fact that the City is now considering a termination of the Renewal Contract is conduct that directly contradicts the City's prior approval. THE CONVENIENCE CLAUSE SHOULD NOT BE UTILIZED IN BAD FAITH. At the meeting of April 9, 2013, the following statements were made: (i) that all contracts with a similar Convenience Clause must be reviewed and terminated; and (ii) there was no issue with the services rendered by OBSI under the Original Contract or Renewal Contract. Since that time, the City has found time to discuss a new RFP for these services, but has not produced a list of contracts that contain similar convenience clauses. The only conclusion that can be reached is that termination of this particular contract is being considered in bad faith. A city provider is being singled out and not being treated in a fashion similar to other providers. It is not the burden of OBSI to understand the motive for this action. This dissimilar treatment, in and of itself, would be bad faith if the Convenience Clause were exercised; especially in light of the statements on the record that all contracts with Convenience Clauses would be reviewed. SUMMARY Despite the fact that the Renewal Contract contains the Convenience Clause, the City should not exercise the Convenience Clause solely in an effort to obtain a more lucrative agreement for the same services, as doing so would breach the implied duty of good faith and fair dealing. Furthermore, the City is barred from exercising the Convenience Clause based upon estoppel. Lastly, treating OBSI and the Renewal Contract in a different fashion than other similar providers under other similar contracts demonstrates that the City would be acting in bad faith. 0: \OBSI012\Letter to Brian Shutt re Early Tennination of City Contract. June 18 2013.docx Brian Shutt, Esquire June 19, 2013 Page 4 OFFER The City has not yet terminated the Renewal Contract. There need not be a breach by either party of the Renewal Contract. In a spirit of cooperation, OBSI would like to pursue the offer it tendered at the meeting of May 14, 2013. It was acknowledged at the meeting of May 14, 2013, that OBSI could make an offer and that the City would enter into negotiations at the appropriate time. This is the appropriate time. Therefore OBSI makes an offer to pay a one -time payment of $30,000.00, so that barring a default for cause, OBSI could complete the Renewal Contract. In this manner, the issues described in this letter could be avoided. Accordingly, OBSI respectfully requests that the City place this item on the City Commission agenda of July 25, 2013 so t! at such offer could be properly discussed and appropriate action taken. Sincere A M ael Weiner MSW:mf Enclosures cc: Ocean Beach Services, Inc. (via email) O: 10BSI0121I.etter to Brian Shutt re Early Termination of City Contract. June 18 2013.docx DELRAY BEACH A1;1- America Gird P i 1993 2001 Oceanside Beach Service Mi ,haeai J, Novar3tka, President P.C. Boy 103018 North Palm Beach, Flcriele 33408 April 11, 2012 REF: RFP #2008 -18 SeaGh E:quiprnent Rental for the Publ ic?; Chkned Bench-Rabid Final (3) Year Renewai Approval Daar. .Mr. Novatka; On ,April 09, 2012 the City Manager approved ft three (3) year rerffAIal for the above referenced annual contract. Term of the Contract shall be 'from June 16. 2012 throggh June 14. 2015. Services shall be r'eWsred as stated in your original Contract for the -term of the Contract. Pleas fors. ;ard to my attention any updated certificate of insurance, naming the City of Delray Saach as additioml insured at the stated limits spectfted in the original bid The City of Delray Beach would like to thank you fnr ycur services. if you have any questions in regard to 'thiJi rietter, pleese call me at (561) 243-7161 or email necaiAtnvdeira r�besch.com. 'Corrected Renewal Letter Date Sincerely, Manwwr Cc: David Boyd, Fi ,ance ofiTk .or Linda Karch, Director of Parks and Recreation 111m Simmons, Parks SLuperintandent Carol Pierpont, Executive Administrato Assistant Chary[ HoaglunQ, Finance ?account Specialist C:..Y. ✓.. t ..'t�.'..k. CC s. Ir5�". Y .C,+�l.s:7'..f .. < .IVsr .Y- •_:!;": ! �'. �, s.%0! .. 't.. ?•n i•i:M1i��t:.��i :y: 'jti: :iti= ��. ar 00 N.W. Jilt=. ')H" 3n's 2001 Oceanside Beach Service Mi ,haeai J, Novar3tka, President P.C. Boy 103018 North Palm Beach, Flcriele 33408 April 11, 2012 REF: RFP #2008 -18 SeaGh E:quiprnent Rental for the Publ ic?; Chkned Bench-Rabid Final (3) Year Renewai Approval Daar. .Mr. Novatka; On ,April 09, 2012 the City Manager approved ft three (3) year rerffAIal for the above referenced annual contract. Term of the Contract shall be 'from June 16. 2012 throggh June 14. 2015. Services shall be r'eWsred as stated in your original Contract for the -term of the Contract. Pleas fors. ;ard to my attention any updated certificate of insurance, naming the City of Delray Saach as additioml insured at the stated limits spectfted in the original bid The City of Delray Beach would like to thank you fnr ycur services. if you have any questions in regard to 'thiJi rietter, pleese call me at (561) 243-7161 or email necaiAtnvdeira r�besch.com. 'Corrected Renewal Letter Date Sincerely, Manwwr Cc: David Boyd, Fi ,ance ofiTk .or Linda Karch, Director of Parks and Recreation 111m Simmons, Parks SLuperintandent Carol Pierpont, Executive Administrato Assistant Chary[ HoaglunQ, Finance ?account Specialist C:..Y. ✓.. t ..'t�.'..k. CC s. Ir5�". Y .C,+�l.s:7'..f .. < .IVsr .Y- •_:!;": ! �'. �, s.%0! .. Rental Rates Public Rental Rates Oceanside Beach Service Price List Delray Beach Lounge Chair ................................ ............................... $3 Hour $10 Day Umbrella............................................ .............................$5 Hour $15 Day Setups.................................................. ............................$10 Hour $30 Day * Setup includes: 2 lounges & Umbrella or Cabana Seasonal Membership .................... ...........................$300 YearlyMembership .......................... ...........................$400 Multi -day Rate Available upon request The above rates will be offered for each of the three years of the contract. MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 19, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JULY 25, 2013 PROPOSED MILLAGE RATE ITEM BEFORE COMMISSION The City Commission must authorize a proposed millage rate for FY 2014 in accordance with State TRIM guidelines. BACKGROUND The City Commission is required each year to submit a proposed millage rate in accordance with State TRIM guidelines. This is used by the Property Appraiser's Office to notify property owners of their proposed taxes for FY 2014. For practical purposes, the proposed millage rate set by the Commission will be the maximum millage rate that can be levied in FY 2014. The Commission can still lower the millage rate at either of the public hearings for budget adoption in September. For FY 2013 the Operating Millage rate is 7.1992 and the Debt Service millage rate is 0.6041 for a total millage rate of 7.8033. For FY 2014 the Debt Service Millage will drop to 0.3453. A modification to change the Operating Millage Rate to 7.4546 for FY 2014 will result in a Total Millage Rate of 7.7999 which is what I recommend as a minimum for FY 2014. Should the Commission wish to consider an alternative millage rate, each additional 1 /10 mil will generate approximated $600,000. A total millage rate of 7.7999 for FY 2014, will create a difficult budget process. Structural budget issues will have to be addressed in the subsequent budget year. RECOMMENDATION Staff recommends that the City Commission set a minimum total millage rate of 7.7999 for FY 2014 (7.4546 Operating millage rate). � Q o LL U f0 m O U 0 � a U O U �J O O O O a � lip'" N DC .1 2 m 0 N LL M N N 4--j L Q 0 CL ca X 9 .� I a� O N LL I Q0 O 0 N LL N N X co (3) (3) Q W 0 ca i 1 I a� �n CL �O 0 A A A N O c O a-+ ca O V w I Q0 Q) cry A c 0 V c O U I a� cry A Q) 4--j co 2 co 4--j O N LL O Q O CL I 00 Q) cry A Q) 4--j G Q 0 0 O N LL O Q O CL I a� cry A O O d 0 M � O +-+ N co >- rC LL b-0 4-j MM (3) � m •C 0 ��Ll rn 0 0 O 0 ••— '! l0 00 0 0 2r-,or-� 4 m � � Q PLI o � r"-4 0 � Q) E u o co _ � o bD O }' cn +-+ }, O 4-J — C: bA w •- A A A 0 A U A m E s s H t � MA 'ul O �En i E O �X O O O. a � a� O 'c� k � O `n v � o o a, a� � X •� � O •� � c% � JO ate-+ v N 0 13 0 0 0 o m co ri suoilliv O O V O �o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln M N r-I U- r-I LL r-I >- N LL ri >- r-I LL ri U-° U-0 U-0 U-0 U- O d 0� lS1J 4 0�0 V � Q Q a � 0 a a � o0 �a 00 Q0 O a GJ m dA m dA m L Q r�1 L, 3 CC dA L Q r4w, • I O O O O O O O O O O O O O O 00 I-: l6 Lli 4 o O 0 O O O O suoill!W LL r-I � M LL r-I >- N LL r-I LL r-I O LL r-I LL O >- 00 LL O >- r*_ LL O LL Q LL r-I LL M LL r-I >- N LL r-I LL r-I O LL r-I � Ol LL O LL O >- r*_ LL Q LL Q Lr L .� CEO O • CC i � L O }+ L V � w O I O O O O O O O O O O O O O O 00 I-: l6 Lli 4 o O 0 O O O O suoill!W LL r-I � M LL r-I >- N LL r-I LL r-I O LL r-I LL O >- 00 LL O >- r*_ LL O LL Q LL r-I LL M LL r-I >- N LL r-I LL r-I O LL r-I � Ol LL O LL O >- r*_ LL Q LL Q Lr L .� CEO O • CC i � L O }+ L V � w O I O O O O O O O O M N 14 O o O 0 O O O O suoill!W LL r-I � M LL r-I >- N LL r-I LL r-I O LL r-I LL O >- 00 LL O >- r*_ LL O LL Q LL r-I LL M LL r-I >- N LL r-I LL r-I O LL r-I � Ol LL O LL O >- r*_ LL Q LL Q Lr L .� CEO O • CC i � L O }+ L V � w O I o O 0 O O O O suoill!W LL r-I � M LL r-I >- N LL r-I LL r-I O LL r-I LL O >- 00 LL O >- r*_ LL O LL Q LL r-I LL M LL r-I >- N LL r-I LL r-I O LL r-I � Ol LL O LL O >- r*_ LL Q LL Q Lr L .� CEO O • CC i � L O }+ L V � w O c c c --.% C: O O O cV o 0 z °N° ono Qo o o6 t.6 t m m m m U - o O O O O O O _ lD I� O ':1- N >O ui N N N ui > mu N � •cn- •cn- •cn- •cn- •cn- � U � O •1�.+ fa fa fa fa i ca N 4-J Ln � m a > > > > 0 N L 110 ri N m r" arc of O m OLL LL LL LL LL N L V CE o }' °) a ° o0 o N L L �p o 0 clrLZD C) L d m •, cc= a O -J • °- N � d L ` ,� > 0 x '� i v � 4-j M .� 4-J i ' C: a DL O ° ��n O a a� o O � ; �LL ro � � m C O0_ 4 •- X o ,0 ate., a.., ate--+ •� L . Ln a--+ C: O 0� N i i �, •- > •� LL- o E •— ca op .� :lb r soft o •_ .V ,cn rl Olms oft ca m O '� r O ro° O �'4 I=► G o O 00 V O V Lr) 00 m N � dl O O O 0 00 Rt M � r-I � 0 l6 O I-� r-I O I_f) � OI M 0 0 00 O lD Rt M Lr) OI dl pp I� M O O o0 M 00 � I-� O I- OI 00 N N 4 � � n O 0 O (3) Rt M m Lr) � O 0 o0 r-II O 000 O N lD I� O N I� O I� l0 M I� OI O rl Rt Rt v L m Rt Rt dl O Rt O � O 0 o z r-� O oo Qe a� t.0 -F- > ro (O� Q ateJ x � O ro (31 00 0 0 � � o z LID O Lr) Lr) O Lr) O Lr) Ln 0 0 O O O O O O ° o O O � lD 00 00 rl Lf) Lr) Q n 0 O O O O° O O Oo O N N O rl Lf) Lr) U Ll 0 r14 n� 00 `O O Q z ��J o ri 00 m °m° Qe bi0 0 o 0 z LL3 MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 19, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF JULY 25, 2013 PROPOSED MILLAGE RATE/ DDA ITEM BEFORE COMMISSION The item is before Commission for acceptance of the Downtown Development Authority's proposed millage rate for FY 2014. BACKGROUND On July 8, 2013, the Downtown Development Authority (DDA) voted to approve a proposed millage levy of 1.0 mil for FY 2014. The approval letter is attached for your review. The DDA current year millage rate is 1.0 mil. The enabling legislation for the DDA states that their tax levy will be 1.0 mil unless the DDA Board decides to levy a lesser amount. RECOMMENDATION Accept the DDA's proposed millage rate of 1.0 mil for FY 2014. DOWNTOWN IRE CE: tVE1' DEVELOPMENT AUTHORITY The DDA budget is part of the City budget and as such is advertised for public hearing and then forwarded to the City Commission for approval. l Marjorie Ferrer, Executive Director Date Cc: Louis Chapman, Jr., City Manager 85 SF 4th Avenue, Suite 108, Delray Beach, FL 33453 • (561) 243 -1077 Fax: (561) 243 -1079 Fib ANCE Downtown Del rayBeach.com BOARD OF DIRECTORS July 10, 2013 Seabron A. Smith Chairman TED Center Diane Franco To: David A. Boyd, Finance Director Vice - Chairman City of Delray Beach DIMLO Properties, LLC David cook RE: Downtown- Development Authority Treasurer Hand's Stationers Meeting — Y Jul S 2013 Marriott Hotel, Delray Beach Albert Richwagen Secretary Richwagen's Bicycles David Beale, esq. At the regular Downtown Development Authority (DDA) meeting held July S, Law Office of David A. Beale 2013 the Board voted to approve the 1 mil Valuation Assessment. Bonnie Beer Caffe Luna Rosa At the Goals and Budget Setting Workshop held as well and the budget was Ryan Boylston discussed. The 2013 -2014 budget will be approved at the next regular Board FuturisticVloo meeting to be held on August 12, 2013. The DDA budget is part of the City budget and as such is advertised for public hearing and then forwarded to the City Commission for approval. l Marjorie Ferrer, Executive Director Date Cc: Louis Chapman, Jr., City Manager 85 SF 4th Avenue, Suite 108, Delray Beach, FL 33453 • (561) 243 -1077 Fax: (561) 243 -1079 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF JULY 25, 2013 SPECIAL EVENT REQUEST/ 52ND ANNUAL DELRAY AFFAIR ITEM BEFORE COMMISSION City Commission is requested to approve a special event permit for the 52nd Annual Delray Affair to be held April 25 -27, 2014, 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 including Atlantic Avenue from SW 2nd Avenue to Palm Square, as well as Old School Square Park, 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 be put up fourteen (14) days prior to the event, to provide trash boxes and use of City generator, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City. The event producer is also requesting road closures at 4:00 a.m., on Friday, April 25, 2014 and closure of NE 1St Avenue from Atlantic Avenue to the alley north of Atlantic Avenue on Thursday, April 24, 2014 at 6:00 a.m., and requesting use of the North City Hall parking lot and City Attorney's parking lot for vendor parking on Saturday and Sunday, April 26 & 27, 2014 and other parking lots in the Downtown for all three (3) days. The event producer is also requesting waiver of parking time restrictions in the Downtown area during the event dates, and requesting a waiver of the prohibition of consumption of alcoholic beverages in the event footprint. BACKGROUND Attached is a letter and special event permit received from Nancy Stewart- Franczak for this year's Delray Affair. Also attached are a site plan, budget, economic calculator and letter requesting a waiver to the noise ordinance and consumption of alcoholic beverages. Staff has reviewed the request from the Chamber of Commerce for the Delray Affair. We support the request, except for the waiver of alcohol consumption, with the following conditions: 1. 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). 2. Receipt of a Certificate of Event Liability and Alcohol Liability Insurance by April 12, 2014. 3. Alcohol sales must be contained in a beer garden with security. 4. Not allow vendor parking in Veterans Park as requested due to business needs. 5. Copy of signed rental agreement for use of Old School Square Park by April 12, 2014. 6. Only allow use of City Attorney lot for vendor parking on Saturday and Sunday, April 26 & 27, 2014. (City Hall lot will be used for paid parking on these dates.) Use of other lots requested for vendor parking will be non - exclusive. 7. Liquor cannot be served prior to noon on Sunday. 8. Event sponsor be required to provide on -site dumpster service for vendors. 9. Event sponsor be required to provide grease disposal barrels and disposal system on -site for vendor use. Staff is not recommending the alcohol consumption waiver even though this may be granted by the City Manager per code 113.02(B) because this would change the complexion of the event, would be manpower intensive and difficult to control and maintain within the event foot print. If the consumption of alcoholic beverages waiver is given the estimated overtime cost for this event is approximately $43,585; 5% administrative fee $2,180, barricade rental $2,240, trash box cost $525, event signage $250, and park rental of $1,900 for a total estimated cost of $50,680. Per event polices and procedures, the Chamber of Commerce would be required to pay 100% of these costs. If the waiver is not given, estimated overtime costs would be $26,435, 5% administrative fee $1,320. With all other costs remaining the same, the total estimated cost would be $32,420. The City will be charging for parking in the Old School Square Garage April 25 — 27, 2014 and in the north City Hall lot and South County Court House Garage April 26 & 27, 2014. RECOMMENDATION Staff recommends approval of the special event permit, street closures and park use, use of City parking lots as requested for vendor and sponsor parking except Veterans Park lot, staff support for this event and allow this to be the only event to held and all other conditions listed above denying the waiver of consumption of alcoholic beverages per City Code. A,--" Greater Delray Beach Chamber of Commerce May 30, 2013 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: The Delray Affair, celebrating its 52 "a anniversary in 2014, is scheduled for April 25, 26 & 27, 2014 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 52 years and we attribute a part of the success to the great relationship we have with the City of Delray Beach. Please consider approval of the following Delray Affair items: 1. Endorsement by the City Commission; 2. Use of City parking facilities at Veterans Park, the City lot behind Hand's, and lot adjacent to Mellow Mushroom Restaurant on Federal Highway northbound just south of Atlantic Avenue for sponsor and vendor parking, city attorney lot for vendor parking; 3. Determination of areas that vendors will be permitted to park vans and RV's; (request to use City Hall and City Attorney lots on Sat. & Sunday of event) 4. Use of all Old School Square Park and the exterior grounds of Delray Beach Center for the Arts; 5. Street closures outlined in application 6. 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; 7. 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; S. Permission to erect signs promoting the event from April 11 through April 27, 2014 9. Permission to erect overhead banners within the confines of the Delray Affair site; 10. Noise and alcohol waiver (Request letter to city manager attached). We sincerely appreciate all of the efforts of the City employees and look forward to a great Delray Affair in 2014. We hope each of you will be a part of the festivities. Sincerely, Nancy Stewart- Franczak Director of Special Events Greater Delray Beach Chamber of Commerce Cc: Robert Barcinski DA City Req Ltr 2014.doe RECEIVED Greater Delray ch JUN 112013 Chamber of Commerce ADMINISIRATIV£ SERVICES May 30, 2013 Mr. Louie Chapman, City Manager City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 RE: 2014 Defray Affair Noise Ordinance and Alcohol Waiver Dear Mr. Chapman, The Greater Delray Beach Chamber of Commerce and the Delray Affair is requesting a waiver of amplified music and consumption of alcoholic beverages on public property, per City Code 113.02(b), from 10:00 a.m. to 6:00 p.m. on Friday and Saturday, April 25 & 26th and on Sunday, April 27th, 2014 from 12:00 noon to 5:00 p.m. for the Delray Affair. In prior years we served beer and wine from the Delray Affair's Beer and Wine Gardens (which were fully enclosed /fenced in areas). This year we are requesting permission for Open container waiver within event footprint. We feel that the demographics of attendees of the Delray Affair are of a mature age and patrons attend to stroll the avenue and shop. They are not here to party as they would for a music event or festival. As we do with the Delray Beach Wine & Seafood Festival, we are proposing to have exit points that don't have natural barriers (such as stores, vendor tents, etc.) that will stop patrons from leaving the event footprint with beer or wine. Each area will have one entrance manned by a uniform private security guard to ensure no alcohol will leave the area. All alcoholic beverages will served /sold in plastic cups. As you are aware, each year costs to produce events in Delray Beach have increased and we are hopeful that this will provide additional revenue for the event. We would love to have several beer /wine bars setup so that guests of the Delray Affair can enjoy the event while being able to stroll with a glass of wine! The Greater Delray Beach Chamber of Commerce and the Delray Affair is April 25 - 27, 2014 Your consideration of the above request is appreciated. Should you have any questions, please contact me at 279 -0907. Thank you for your consideration. Sincerely, Nancy Stewart- Francza k Executive Director PA CITY NOISE - ALCOHOL WAIVER 2013.130C 64A SE 5u Avenue' Delray Beach, FL 33483 (561) 279 -1380 Beldowicz, Donna From: Privitera, Scott Sent: Monday, June 24, 2013 10:09 AM To: Beldowicz, Donna Subject: cost estimate.docx Attachments: cost estimate.docx Mr. B, Here is the Delray Affair 2014 cost estimate. You will find it is considerably higher than 2013. The reasons for this is last year I cut positions — PD provided only 2 -3 security positions throughout the footprint (which includes the commander). The 2104 proposal of alcohol being permitted on the street (10 blocks + additional side streets) I was forced to add additional positions (8 security posts) to provide security and safety for the proposed 300,000 attendees. Each day 20 officers + 1 Commander and one supervisor will be utilized. This is a conservative # based on the matrix forms which allows for 24 -25 officers at an event with 25 -35K participants at one time. If alcohol is not approved, I would reduce the # of officers to 15 and amend this estimate. Further, having alcohol on the street has proven to be manpower intensive, difficult to control and maintain inside the footprint particularly one of this magnitude. I am adamantly against having alcohol on the street. A beer garden is sufficient (in my opinion and experience with this event). City of Delray Beach Special Event CIELRA, I a A Permit Application l j PLEASE TYPE OR PRINT 1993 2009 Event Name /Title: 52nd Annual Delray Affair Event Date(s):—April 25, 2019 Times: 4 am (Close all other streets) 10 am - 6 pm _April 26, 201 P 10 am - 6 pm ,_April 27, 201 10 am - 5 pm Requesting street closure: yes X no (If yes, need time /date for closure and reopening) (Thursday, April 24, 2014 -- 6 am) -NE 1st Avenue north to alley Street Closures: (Friday, April 25, 2014 - 4 am - Sunday, April 27, 2014 - 9 pm) - Atlantic Avenue from NW 2nd Avenue (west side of Tennis Center) east to In aastaN ,P -$� -SE 2nd Avenue from Atlantic south to just past Worthing Park -NE 2nd Avenue from Atlantic to NE 1s# Street -NE 4u, Avenue from Atlantic Ave to east /west alley way -SE 4t'' Avenue from Atlantic Ave north to NE 181 Street - Swinton from Atlantic Ave north to NE tat Street -Block access to Atlantic Avenue from each side street in this area from alley to alley Event Sponsor /Producer: Greater Delray Beach Chamber of Commerce Event Contact /Coordinator: Nancy Stewart - Franczak Name: Nancy Stewart - Franczak Address: 64 -B SE 5t" Avenue, Delray Beach, FL 33483 Telephone Number: 561 -279 -0907 Cellular Number: 561 - 703 -7028 E -mail Address: nancy@avenuecreative , com Event Description /Purpose: Fine arts and crafts festival, 52nd annual, city and chamber signature event, main fund - raiser for Chamber of Commerce Brief History of Event (If applicable): 52 years old this year, began originally as Gladiola Festival, largest street festival in the Southeast United States, attracting participants from all over the United States and the world 2014 DA Special Event Permit Application.doe Page ff 1 City of Delray Beach Special Event Permit Application (Page 2) 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): 250.000- 300,000 Describe the targeted population and expected attendance: Primarily from Tri- County area Darticinants, over 250.000- 300.000 attendees Audience Age 18- 24 ............. ............................... 2.6% 25 -34 ................ ..........................10.7% 35- 44 ................. ..........................18.9% 45.54 ................. ..........................46.6% 55- 64 ................. ..........................14.7% 65+ ............... ............................... 7.1% Gender Male ................... ..........................24.1% Female ............... ..........................75.9% Income Up to $29,999 . ............................... 6.1% $30,000 to $59,999 ............ •..........31.3% $60,000 to $79,999 .......................32.1% More than $80, 000 .........................30.5% Residency Delray Beach ....... ..........................36.6% Palm Beach County ........................27.6% Outside Palm Beach County .............28.7% Outside Florida ............................... 7.1% Describe how the program or project addresses community needs: Primary source of funding for Chamber of Commerce annually, 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 signage, TV (WPBF -25), Radio (Palm Beach Broadcasting: Sunny 107.9, WIRK 103.1, WRMF- 97.9), Social Media /Facebook, Magazines (Atlantic Ave and Boca Magazines, Posters, Flyers, Web exposure, email blasts, digital billboard Sponsor Category (please check): City ❑ Non- Profit X Private ❑ Co- Sponsor - Non - Profit /Private o (If Non - profit attach proof of 501 c(3), c(4), c(6), C(10), or c(.i 9) or (d) Event Location (Describe area boundgri�Ls_gf event /location); central 1usiness District -- NW X- Ave to Intracoastal 2"P. b EVENT BOUNDARIES (Central Business District - NW 2nd Ave east to Intracoastal) }Atlantic Avenue from NW 2 "d Avenue (west side of Tennis Center east to Irttfaecasted - lYse -ef tlge- f�° ei�t- pacisiag�letrof- ttte�errni�Center�-�,r� t.l it ►ue % WSW St venueAe- Pa+m-square,A1,0 -NE Ist Avenue north to alley -SE 2nd Avenue from Atlantic south to just past Worthing Park -NE 2nd Avenue from Atlantic to NE 1St Street , -NE 4th Avenue from Atlantic Ave to east /west alley way -SE 4th Avenue from Atlantic Ave north to NE 1st Street - Swinton from Atlantic Ave north to NE 1st Street -Block access to Atlantic Avenue from each side street in this area from alley to alley 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 no. (Coming) (If yes, attach proof of approval) Rental of Old School Square Park: yes X no (Coming) (If yes, attach proof of rental agreement with Parks & Recreation) 2013 DA SPECIAL EVENT PERMIT APPLICATION.DOC City of Delray Beach Special Event Permit Application (Page 3) Private Property Use: yes no X (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) Arts and Economic Impact Calendar attached: yes X (Attached). no Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and 5K Runs) 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 X no (If yes, copy of license and alcohol liability insurance required two (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: (Waiver required) yes X no Will there be entertainment: yes X no (If yes, attached list of Performers and /or DI's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X no Requesting Police assistance: yes X (Plus outsource) no (traffic control /security) Will supplement with private security: yes X (If yes, need plan attached) Requesting Emergency Medical assistance: yes X 2013 DA SPECIAL EVENT PERMIT APPLICATION.DOC no no City of Delray Beach Special Event Permit Application (Page 4) Requesting street closure: yes —X no (If yes, need time /date for closure and reopening) (Thursday, April 4, 2013 -- 6 am) -NE 15t Avenue north to alley\� Street Closures: (Friday, April 5, 2013 — 4 am — Sunday, April 7, 2013 — 9 pm) - Atlantic Avenue from NW 2 "6 Avenue (west side of Tennis Center) east to Intracoastal -The Front parking lot of the Tennis Center - Atlantic Ave from NW /SW 1St Avenue to Palm Square -SE 2 "d Avenue from Atlantic south to just past Worthing Park -NE 2 "d Avenue from Atlantic to NE 1St Street -NE 4th Avenue from Atlantic Ave to east /west alley way -SE 4th Avenue from Atlantic Ave north to NE 1st Street - Swinton from Atlantic Ave north to NE 1St Street -Block access to Atlantic Avenue from each side street in this area from alley to alley Requesting barricade assistance: yes X no (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes X no (Will be billed to sponsor) Requesting trash boxes /containers and liners: yes X no Requesting stage use: yes no X (If yes, check type) Large stage (14' x 36') n Small stage (16' x 21') ❑ Half small stage (8' x 21') o Requesting signage: yes X no Type: 4'x4' Event sign X Parking Signs X Banner hanging X Indicate dates required April 11 — April 28, 2014 (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 750 What size or size required 10'x i0' (If yes, tent permits 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: (Show on -site map) yes no X Will there be a charge for the event: yes no X (If yes, indicate ticket prices) 2013 DA SPECIAL EVENT PERMIT APPLICATION.DOC City of Delray Beach Special Event Permit Application (Page 5) 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: • Revenue /Expense Budget • Revenue /Expense Recap Last Years Event • Site Plan • Letter Requesting Noise Ordinance Waiver • Letter Requesting Waiver Consumption Alcohol Beverages • Proof of Non - Profit Status to come—General Liability Insurance Certificate to come — Alcohol Beverage Liability Certificate • Proof of Rental Agreements 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 May-30,.2013 Event Contractor /Coordinator Date Please print: Nanc Stewart-Franczak Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 15t Avenue, Delray Beach, Florida 33444. Required with permit application. 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LnL , a � Q p v - N -- Ln c. .CL �II Q r . 1U1 `rl t h L � o 00 r' u cn 0 L CL OF �1 AV a� t a N b � h m tiE V) CL Q w H 2 L Q m L a c� a N LA 0 L L aJ H � °o �n co — V 0 m QU L EI I �fj F.4 w � z �o O n 4-1 a �3 V) :) I �Q n I D N a a t a avg,a h u a va�� j! 3 R C�ro�d Oyioo�� t o y{ k m jai a O W flf O a L �+ � V L � •V O � Qa N LA �i u ca L Q L 1 i C� i Q "Wo i� 4* C- 0 4-J V) O V tA .E H I Q V 4-J Q a� i r-I OSS i o� Q O V) i--j L O z V) Z v� b 8 w 4 a d m d M N N ti N o cl p x Z U m 2 4 0 4 ro v y � a r • CL Q � Q W LLJ H � Q Z � Lz aQ L 0 z W = w w QLL- N Ln MIM m� n� 8a C O ti k d MISC DESCRIPTION ACCT CODE 2013 FINAL 2014 BUDGET IN -KIND INCOME OUTLINE INCOME Miscellaneous Income 4203 $ 5,305.50 $ 660.00 Event Sponsor Revenue 4601 $ 55,685.00 $ 64,000.00 In -Kind Sponsors Clear Channel Outdoor $ 5,000.00 Delray Beach Garlic Fest $ 250.00 The Pineapple $ 695.00 Boca Magazine $ 1,500.00 Delray Beach Magazine $ 2,500.00 YP (YP.COM) $ 4,032.00 YP (114 pg ad Delray Beach yellow pgs) $ 6,282.00 YP (Vertical banner in WPB) $ 6,784.00 Atlantic Ave Magazine (6 mos history & 2 full pages) $ 10,000.00 Palm Beach Radio Broadcasting $ 10,000.00 YP 112 pg ad in Community Information $ 16,716.00 YP (DB Yellow Book Cover) $ 31,190.00 Sun- Sentinel $ 37,800.00 WPBF -25 $ 6,500.00 WRMF 97.9 $ 49,000.00 Waste Management $ 10,000.00 Booth Fees 4602 $ 271,825.00 $ 253,260.00 Booth Fees Non - Taxable (non- profit) 4603 $ 7,345.00 $ 9,365.00 Beverage Sales 4605 $ 15,909.00 $ 15,000.00 Beer /Wine booths Merchandise Sales 4606 $ 4,124.30 $ 3,600.00 Other Income - Events 4620 $ - $ - Event Application Fees (657) 2014 DA CHAMBER PROPOSED BUDG ET TOTAL INCOME $ 380,738.80 $ 366,885.00 TOTAL "IN- KIND" INCOME $ 198,249.00 EXPENSES Meetings /Conferences 5121 $ - City Services 5210 $35,922.48 $ 39,000.00 Police, Fire, P &R, Public Works Board of Health Permit City Liquor Permit Fee City of Delray Parks & Rec City Event Appl Fee Bob's Barricades Booth Fee Refunds 4602 $ 10,675.00 $ 7,000.00 Office Supplies 5231 $ 179.79 $ 500.00 Computer Supplies /Maint 5232 $ - $ - Dues & Subscriptions 5205 $ - $ 400.00 Postage 5235 $ 39.60 $ 34.00 Printing & Stationary 5241 $ 2,550.44 $ 30.00 Insurance 5301 $ 1,933.00 $ 2,700.00 Sales Tax Expense 5322 $ 14,561.43 $ 15,000.00 Board -Lunch & Other Expense 5401 Misc Admin Expense 5411 $ 35.10 Publicity & Public Relations 5621 $ 7,116.52 $ 4,800.00 I nstasign DFS Graphics (street banners) Web Design 5635 $ 2,774.00 $ 2,300.00 Real Time Marketing - web redesign Coordinating Fees 5705 $ 47,950.00 $ 39,340.00 Commissions - Sponsor Sales 5910 $ 200.00 $ 250.00 Ads, Marketing & Signage- Events 6101 $ 7,228.00 $ 7,781.00 Avenue Creative Group Art Fair Source Book Awards & Recognitions- Events 6105 $ 500.00 $ 4,000.00 Contract Services 6110 $ 39,570.44 $ 30,000.00 Entertainment /Music Infiniti Wireless Solutions - walkie talkies Ft Laud Ice Georgia Handy Photography Large Marge Productions MGMT4 Personal Services Sunshine Golf Cart -Addl carts Real Time Marketing Equipment Rental / Lease 6125 $ 6,409.95 $ 6,000.00 Friendly John Tents and Events Clear Span Tent Venue Expense 6131 $ 8,445.50 $ 6,600.00 Hospitality Suite Expense 6335 $ 200.82 $ 400.00 Artists & Contractor Amenities 6136 $ 997.79 $ 1,000.00 Misc. Expense - Events 6141 $ 16,417.22 $ 6,700.00 Printing Expense - Events 6151 $ - Sales Expense - Beverage 6155 $ 7,883.42 $ 7,000.00 Sales Expense - Merchandise 6161 $ 50.00 Supplies Purchased - Events 6171 $ 92.30 $ 1,000.00 2014 DA CHAMBER PROPOSED BUDGET TOTAL EXPENSES $ 211,682.80 $ 181,885.00 PROFIT $ 169,056.00 $ 185,000.00 2014 DA CHAMBER PROPOSED BUDGET Untitled Document Arts & Economic Prosperity Calculator The Economic Impact of Nonprofit Arts and Culture Organizations and Their Audiences Information Page 1 of 1 STEP 1: POPULATION POPULATION of your community: 50,000 to 99,999 1-] STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): 21 1682 J STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 280000 calculate reset Total Economic Impact Of: Total Household Local State Expenditures FTE Jobs Income Government Government Revenue Revenue Nonprofit Arts and Culture $211,682 6.5 $139,200 $7,220 $8,245 Organizations: Nonprofit Arts and Culture $6,342,000 167.4 $2,572,569 $251,904 $295,220 Audiences: Total Industry Impact: $6,553,682 174 1$2,711,7691 1 $259,124 1 $303,465 (The Sum of Organizations and Audiences) Definitions Total Expenditures: FTE Jobs: Household Income: Government Revenue: Print Your Results Please see the fine print below. The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in simila populated communities. Back to Calculator The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made I your arts and culture organization and/or its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. Back to Calculator The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the expenditures made by your arts and culture organization and /or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the fol €oWng caveats in mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, providing very specific employment, household Income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. O Copyright 2007 by Americans for the Arts. www.AmeficansForTheArls.org http: l/ www. americansfoilhearts .orglinformation serviceslrescatchlsetvices /economic imp... 5/29/2013 2013 Delray Affair Survey Results Miscellaneous Purchased from DA Exhibitors ..................82.9% Dined in Delray Beach Rest ......................71.9% Purchased from local merchants /retailers ..51.2% Stayed in Delray Beach Hotels ................... 8.9% Visited beachside shops and /or rest ..........46.3% How important is the traditional date of DA (week after Easter) Extremely important ..... ..........................26.7% Important ............... ............................... 24.1% Neutral.................. ............................... ... 16% Not at all ..................... ..........................12.5% No response ................... ........................20.5% What suggestion would you have to enhance your experience? -Bring back gladiolas - Spread out; too compacted - Earlier in the year would be better - Children's area -Open container waiver so we could walk with our wine /beverage - Nothing, we love it the way it is I` Time Attendees Yes .............. ..........................17.8% No ............... ..........................71.6% No response .. ..........................10.6% Rate your level of satisfaction of DA Very satisfied ..........................46.4% Somewhat satisfied .................... 16% Neutral ...... ............................... 32% Somewhat dissatisfied ............... 4.4% Very dissatisfied ........................ <1% Rate the following (1 well above avg to 5 well below avg) Marketing & Advertising. .................. 2 Variety of exhibitors ..................... 1.8 Food.............. ............................... 2 Staff & volunteers interacted with.. 1.8 City of Delray Beach .................... 1.6 Audience Age 18- 24 ....... ............................... 2.6% 25-34 .......... ..........................10.7% 35- 44 ........... ..........................18.9% 45- 54 ...... ............................... 46.6% 55- 64 ........... ..........................14.7% 65. ......... ............................... 7.1% Gender Male ........ ............................... 24.1% Female ......... .......................... 75.9% Income Up to $29 ,999 .......................... 6.1% $30,000 to $59,999 .................31.3% $60,000 to $79,999 .................32.1% More than $80,000 ..................30.5% Residency Delray Beach . ..........................36.6% Palm Beach County ..................27.6% Outside Palm Beach County ......28.7% Outside Florida ......................... 7.1% MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: July 17, 2013 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ACTION ON A MOTION TO WITHDRAW A RECOMMENDATION FOR AN APPOINTMENT TO THE CRA BOARD ITEM BEFORE COMMISSION The Commission is requested to take action on a motion to withdraw made at the July 9, 2013 Commission meeting and continued on the July 16, 2013 Commission meeting regarding a CRA appointment. BACKGROUND At the July 9, 2013 City Commission meeting Commissioner Frankel made a motion to withdraw his motion recommending a person for the CRA Board, after the motion had been seconded but prior to a vote on the motion. I incorrectly informed the Commission that since there was a motion and a second that the motion on the floor needed to be voted upon. That motion was voted upon and Commissioner Frankel's recommended appointment was not approved. At the end of the meeting Commissioner Frankel made a request to see if either myself or the City Clerk could check Roberts Rules of Order to see if the proper procedure had been followed. At the July 16, 2013 City Commission meeting I informed the Commission that what should have happened after Commissioner Frankel made his motion to withdraw is a question should have been asked to see if anyone objected, if no one objected then the motion could have been withdrawn. However, if someone did object, then it would be necessary to obtain the consent of the Commission for the motion to be withdrawn, which would have required a motion and a vote on the motion. If the motion passed then the motion on the recommendation could have been withdrawn. At this meeting Commissioner Frankel made reference to a section of Robert's Rules of Order regarding withdrawal of motions in which he indicated would allow him to withdraw his motion without seeking leave of the Commission. Upon review of this section, it provides, "A request for leave to withdraw a motion, or a motion to grant such leave, may be made at any time before voting on the question has commenced, even though the motion has been amended.... Until a motion is stated by the chairman, the mover may withdraw or modify it without asking consent of any one. ... After the question has been stated it is in possession of the assembly, and he can neither withdraw nor modify it without the consent of the assembly. When the mover requests permission to modify or withdraw his motion, the chair asks if there is any objection, and if there is none he announces that the motion is withdrawn or modified in such and such a way, as the case may be. If anyone objects the chair puts the question on granting the request, or motion may be made to grant it." After Commissioner Frankel made his motion, it was immediately seconded by Commissioner Gray and then the Mayor stated that it has been moved and seconded. In my opinion the Mayor has stated the motion, and therefore, based on the section of Robert's Rules of order that I had previously viewed as well as the section that was cited to by Commissioner Frankel, if any one objects to the withdrawal of the motion, a motion must be made to obtain the consent of the Commission to allow for the withdrawal. RECOMMENDATION My recommendation is that the Commission reconsider the motion to withdraw. If there are no objections to the motion to withdraw, Commissioner Frankel may make another recommendation on the CRA appointment at this meeting. If there is an objection then the consent of the Commission must be obtained, by a motion and vote, for the withdrawal of the motion to occur. If consent is granted then Commissioner Frankel may make another recommendation at this Commission meeting. If consent is not granted then the recommendation for appointment will go to the next Commissioner who would then make a recommendation for appointment to the CRA at this meeting. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 11, 2013 SUBJECT: AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the City Commission for appointment to the Community Redevelopment Agency. BACKGROUND The term for regular member, Ms. Cathy Balestriere, will expire on July 1, 2013. Ms. Balestriere will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Christina Morrison has requested her application be withdrawn. Based on the rotation system, the appointment will be made either by Commissioner Frankel (Seat #3) or Mayor Glickstein (Seat #5) for one (1) regular member to serve a four (4) year term ending July 1, 2017. RECOMMENDATION Recommend appointment of one (1) regular member to serve a four (4) year term ending July 1, 2017. COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 07/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01/2017 Joseph Bernadel Chief Operating Appt 06/18/13 Officer 07/01/2015 Annette Gray Real Estate Broker Appt 06/21/11 07/01/2017 Reginald Cox Chief Building Appt 07/09/13 Official 07/01/2014 Howard Lewis, Chair Business Owner Unexp Appt 04/15/03 Reappt06 /20/06 Reappt 07/06/10 07/01/2016 William Branning, Treasurer Unexp Appt 05/02/06 Contractor Reappt07 /01/08 Reappt 06/05/12 07/01/2013 Cathy Balestriere, Vice Chair Unexp Appt 10/06/09 General Manager 07/01/2017 Herman Stevens Attorney Appt 06/16/09 Reappt06 /18/13 COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A Cathy Balestriere Managing Director Incumbent Bruce Bastian Business Development Manager (also applying for the Downtown Development Authority) Thomas F. Carney Attorney Christopher Davey Self- employed/Real Estate Broker Deborah Dowd Educator Diane Franco Business Owner /Land Development (currently serving on the Downtown Development Authority) Frank Frione Engineering -Chief Executive Officer Ronald Gilinsky Sales & Marketing (currently serving on the Code Enforcement Board) Bruce Gimmy Self-employed/Business Owner (currently serving on the Parking Management Advisory Board) Jordana Jarj ura Law Frederick Kaub President /Co- Owner/Environmental Services Nelson S. McDuffie Manager /Information Technology John Miller Merchandising Director Loren Rubenstein Educator Alan Weitz President/Mortgage Banking (also applying for the Financial Review Board) David Stein Solar Contractor/Business Owner Paul Zacks Attorney w ra 0 z 0 i H i w I H 00 �000 ooNOOO �o � O U O \ / N i i w ra 0 z 0 H w 00 �000 ooNOOO �o MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 11, 2013 SUBJECT: AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointment to the Public Art Advisory Board. BACKGROUND The term for regular member, Mr. Jerry Rabinowitz, will expire on July 31, 2013. Mr. Rabinowitz will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. Per Ordinance No. 15 -12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77 -04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right -of -way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending July 31, 2015. PUBLIC ART ADVISORY BOARD 07/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/15 Daniel Bellante Business Owner Unexp Appt 03/20/12 Reappt07 /09/13 07/31/14 Sharon Koskoff Artist Appt 07/17/12 07/31/13 Jerry Rabinowitz Photographer Unexp Appt 11/06/12 07/31/14 Sandi Franciosa Appt 07/20/10 Administrative Reappt07 /17/12 Asst /Retired 07/31/14 Kevin Rouse Artist /Photographer Appt 07/17/12 07/31/14 Carolyn Pendelton- Parker Landscape Architect Appt 08/07/12 07/31/15 Patricia Truscello Public Relations Appt 05/21/13 Unexp Appt + Specialist 2 yr PUBLIC ART ADVISORY BOARD EXHIBIT A Geraldine Biller Museum Curator/Retired Mary- Elizabeth Cohn Educator /Consultant/Sales Representative (also applying for the Education Board) Shirl Fields Retired /Jewelry Designer (currently serving on the Neighborhood Advisory Council) Christopher Metzger Executive Director/Marketing Jerry Rabinowitz Business Owner/Photographer Incumbent Chris Stray Landscape Designer w Q 0 z 0 H w i i pa N A� A-i A-i A-i Q a ti O O O O O 0 O O M O 0 O I� i 1 a CC y„ i i. a A� 0 U 'O O N i,A w Q 0 z 0 H w pa N A� A-i A-i A-i Q a ti O O O O O 0 O O p 0 O 0 O I� 1 CC y„ i i. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr. City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.L. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Neighborhood Advisory Council. BACKGROUND The terms for regular members Ms. Susan Sims (Zone 1), Ms. Linda Laurence -Leib (Zone 3), Ms. Suzanne Donohue (Zone 4), Mr. Nathaniel Ellis (Student Member) and Mr. Elisha Porter (Student Member), will expire on July 31, 2013. Ms. Sims will have served an unexpired term, is eligible and would like to be considered for reappointment. Ms. Laurence -Leib will have served two (2) full terms and is not eligible for reappointment. Ms. Donohue will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Ellis will have served a partial term, has graduated high- school, and is not eligible for reappointment. Mr. Porter, will have served a partial term, is eligible and would like to be considered for reappointment. Please be advised that there is only one (1) student applicant at this time. Appointments are needed for three (3) regular members and one (1) student member. The Neighborhood Advisory Council was established for the purpose of maintaining broad -based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration: (Applicants are listed by zones; however, the applications are in alphabetical order.) (See Exhibit "A" Attached) Based on the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for three regular members to serve three (3) years ending July 31, 2016. Commissioner Gray (Seat #4) will make an appointment for one (1) student member to serve a one (1) year term ending July 31, 2014. RECOMMENDATION Recommend appointment of three (3) regular members to serve three (3) year terms ending July 31, 2016 and one (1) student member to serve a one (1) year term ending July 31, 2014. 07/13 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31/13 Zone 1 Susan Sims Unexp Appt 11/16/10 07/31/14 Zone 2 Shirl Fields Unexp Appt 03/05/13 07/31/13 Zone 3 Linda Laurence Leib Unexp Appt 10/17/06 Reappt10 /16/07 Reappt 10/19/10 07/31/13 Zone 4 Suzanne Donohue Appt10 /19/10 07/31/14 Zone 5 Gail -Lee McDermott, Chairperson Unexp 03/03/08 Reappt10 /07/08 Reappt 07/19/11 07/31/14 Zone 6 Linda Prior, Vice Chair Unexp Appt 02/20/07 Reappt10 /07/08 Reappt 07/19/11 07/31/14 Zone 1 Stephen Lampel Unexp Appt 02/19/13 07/31/14 Zone 2 Colson Zulmar Unexp Appt 04/03/12 07/31/15 Zone 3 Wendy Smith Appt 06/19/12 unexp + 2 yrs 07/31/15 Zone 4 Bonnie Altenhein Unexp Appt 02/19/13 07/31/15 Zone 5 Dorothy Payne Appt 06/19/12 unexp + 2 yrs 07/31/15 Zone 6 Adam Reback Unexp Appt 06/05/12 07/31/14 At Large Nancy Richards Unexp Appt 02/19/13 Representative 07/31/14 At Large Patricia Westall Unexp Appt 09/04/12 Representative 07/31/15 At Large Pearl Markfield Elrod Appt 07/05/12 Representative 07/31/13 Nathaniel Ellis Unexp Appt 10/16/12 Student 07/31/13 Elisha Porter Unexp Appt 10/16/12 Student Applicant Susan Sims NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT A Zone 1 Zone 3 Sheri Hack (also applying for the Education Board) Susan Donohue Zone 4 Elisha Porter Incumbent Student Subdivision Sabal Lakes Highland Grove Estates Dell Park CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council - Appointment Zones - ON' CIlYOF DaAAY8F4CK R- AlAAKWG 6 ZoNwG DfPARrmEwT WRCH 2OW " ONE w!k -- MrfAL9&SEUIPSYSJBI-- GRAVFpC SCALE U w Q O Z H U O H a W C7 d M z a s a a s a s a a a s ooN �A A° wo w z N O M N CD � � CD � O N \O CD CD CD CD � \O C O CD p O O p O p O p p 0 O O O O p O O O O O O O O O p O p O S.i O ACC IX � ULw" � Qn �' G� W G� G� G� O � .� S. � � S.i CC � •�..' G� • a S. O. CC SO. CC �". i." IX IX MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.M. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Parking Management Advisory Board. BACKGROUND The terms for Citizen at Large Members, Mr. Bruce Gimmy and Mr. Brian Rosen, will expire on July 31, 2013. Mr. Gimmy and Mr. Rosen will have served one (1) year terms, are eligible and would like to be considered for reappointment. Secondly, there is a vacancy for a member to represent the Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal. Mr. Gimmy has a business in that corridor and would like to represent that area. There is also a vacancy in the Old School Historic Arts District. However, there are no applicants at this time. Appointments are needed for two (2) Citizen at Large Members and one (1) member from the Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal. The Parking Management Advisory Board was established by Resolution No. 88 -97 on December 9, 1997. The purpose of the Board is 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 -I -A within the corporate limits of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1) for one (1) regular member from the Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal to serve an unexpired term ending July 31, 2014. Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) will appoint two (2) Citizen at Large Members to serve two (2) year terms ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member from the Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal to serve an unexpired term ending July 31, 2014 and two (2) Citizen at Large Members to serve two (2) year terms ending July 31, 2015. 07/13 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31/13 Gerald Franciosa Unexp Appt 09/24/12 P & Z Ratified 10/16/12 07/31/14 William Morse CHAMBERS Appt 07/21/10 Ratified 08/17/10 Reappt 07/25/12 Ratified 08/21/12 07/31/13 Herman Stevens CRA Appt 07/09/09 Ratified 09/10/09 Reappt 07/14/11 Ratified 08/02/11 07/31/14 Margie Walden WARC Unexp Appt 10/19/10 Ratified 11/02/10 Reappt 07/12/12 Ratified 08/21/12 07/31/14 Diane Franco DDA Unexp 08/21/09 alt Ratified 11/17/09 Reappt 07/12/10 alt Ratified 08/17/10 Reappt 07/02/12 reg The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31/14 Atlantic Avenue Corridor Unexp Appt Between Swinton Avenue Vacant and the Intracoastal 07/31/14 Alan Kornblau Atlantic Avenue Corridor Unexp Appt 01/03/08 Between Swinton Avenue Reappt 01/05/10 Reappt 07 /17/12 and Interstate 95 07/31/14 John Gergen, Chair Atlantic Avenue and State Unexp Appt 05/06/08 Road AIA Corridors and Reappt 01/05/10 Reappt 07/17/12 lying East of the Intracoastal Waterway 07/31/14 Old School Square Historic Arts District Vacant 07/31/13 Mr. Bruce Gimmy, Chair Citizen -at -Large Unexp Appt 12/01/09 Reappt 07/19/11 07/31/13 Brian Rosen Citizen -at -Large Unexp Appt 04/05/11 Reappt 08/02/11 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31/14 Connor Lynch P &Z Appt07 /16/12 Ratified 08/21/12 07/31/14 CHAMBERS Vacant 07/31/14 Veronica Covington CRA Appt 06/24/10 Ratified 08/17/10 Reappt07 /12/12 Ratified 08/21/12 07/31/14 Peter Perri WARC Appt07/12/12 Ratified 08/21/12 07/31/14 Albert Richwagen DDA Appt07/13/12 Ratified 08/21/12 PARKING MANAGEMENT ADVISORY BOARD EXHIBIT A Bruce Gimmy Incumbent Allen Huntington (also applying for the Financial Review Board) Nancy Lierle Brian Rosen Incumbent i i a A W H W Z ►` N A� A-i A-i Q� A-i A-i w 0 U z O Q W U �W w ti zz� p o wwO O w � Qn \/ \/ \/ \/ \/ \/ \/ \/ \/ \/ \/ \/ \wM p / H H \--� Ci zz.0 / .l cc N V p p AN M O G-L i V \AM O G-L i / N O N AM O �-V yi , � O \ M p / y N .y V \/ �,A x \ / CA a� U \ C�j \ N Nto U � 0 a a a a a 0 0° 0 C�j Qn 0 � � W W o e+•'C � ,� dam' � v a •x. Qn x \ / CA a� U \ C�j \ N Nto U � 0 a a a a a 0 0° 0 C�j Qn 0 � � W W o e+•'C � ,� dam' � v a •x. Qn MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.N. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Affordable Housing Advisory Committee. BACKGROUND The terms for regular members, Ms. Carmelita Smith, Ms. Regina Hands and Mr. Mike Williams will expire on July 31, 2013. Ms. Smith will have served an unexpired term and does not want to be considered for reappointment. Ms. Hands and Mr. Williams will have served unexpired terms, are eligible and would like to be considered for reappointment. Please note that there are currently two (2) additional vacancies at this time. Appointments are needed for four (4) regular members. On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12 -08 establishing the Affordable Housing Advisory Committee for the purpose of recommending incentives for affordable housing to the City Commission. On January 17, 2012, Resolution No. 05 -12 was adopted to allow the appointment of citizens engaged in the activity without regard to affordable housing if the City whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing. The Affordable Housing Advisory Committee shall consist of eleven (11) members that meet the following criteria: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low - income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for - profit provider of affordable housing. (f) One citizen who is actively engaged as a not - for - profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to Section 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. 0) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint Category July 31, 2015 (two year term) July 31, 2015 (two year term) July 31, 2015 (two year term) July 31, 2015 (two year term) Commissioner Jacquet (Seat #2) B Commissioner Frankel (Seat #3) C Commissioner Gray (Seat #4) D Mayor Glickstein (Seat #5) E The appointments are scheduled to be made at the regular City Commission meeting on July 25, 2013. RECOMMENDATION Recommend appointment of four (4) regular members for Categories B, C, D and E to serve two (2) year terms ending July 31, 2015. 07/13 AFFORDABLE HOUSING ADVISORY COMMITTEE TERM REGULAR MEMBERS OCCUPATION POSITION EXPIRES FILLING 07/31/2013 Residential home Appt building Vacant 07/31/2013 Advocate for low Appt income persons Vacant 07/31/2013 Regina Hands Senior Credit Unexp Appt 03/20/12 Analyst Banking or Mortgage Banking 07/31/2014 Clifford Durden Educator Unexp Appt 03/20/12 Serves on local Reappt08 /07/12 planning agency 07/31/2014 Susan Sims Registry Coach Unexp Appt 03/20/12 Represents essential Reappt08 /07/12 services personnel 07/31/2013 Mike Williams, Vice Chair Unexp Appt 03/20/12 Associate Exec Areas of labor Director /Family actively engaged in Services home building 07/31/2014 Unexp Appt Vacant Real Estate Professional 07/31/2014 Colson Zulmar Produce Manager Unexp Appt 03/20/12 Citizen who resides 08/07/12 within the jurisdiction 07/31/2014 Dorothy Ellington Executive Director Represents employers Appt 08/07/12 within the jurisdiction 07/31/2014 Evelyn Dobson, Chair Engaged as a not -for- Unexp Appt 03/20/12 Operations profit provider of Reappt08 /07/12 Manager affordable housing 07/31/2013 For - profit provider Vacant of affordable housing AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT A One citizen who is actively engaged in the residential home building industry in connection with affordable housing: A) • Vacant One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. B) Regina Hands Incumbent One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing: C) Mike Williams Incumbent One citizen who is actively engaged as an advocate for low- income persons in connection with affordable housing. D) Wanda Gadson One citizen who is actively engaged as a for - profit provider of affordable housing: E) Kurt Heide One citizen who is actively engaged as a real estate professional: G) • Vacant i i w w O w x w 0 w x U \ O / N \ M / U W Q O z U 0 H w ti O M O M O M N M M M N M O M N O M M r' 0 z w v A a cz � i i w w O w x w 0 w x U \ O / N \ M / U W Q O z U 0 H w ti O M O M O M N M M M N M O M N O M M r' 0 z w v A a cz MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.0. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND The terms for regular members Mr. Matthew Monahan, Ms. Annette Annechild, Ms. Catherine DeMatto, Mr. Marc Muscarella and student member, Mr. Ryan Longo, will expire on July 31, 2013. Mr. Monahan will have served one (1) full term, is eligible and would like to be considered for reappointment. Ms. Annechild and Mr. Muscarella will have served unexpired terms, are eligible and would like to be considered for reappointment. Ms. DeMatto will have served one (1) full term and would not like to be considered for reappointment. Mr. Longo has graduated from high- school and is not eligible for reappointment. There are no student applicants at this time. Appointments are needed for four (4) regular members. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5) for four (4) regular members. The terms are for two (2) years ending July 31, 2015. REVIEW BY OTHERS Recommend appointment of four (4) regular members to serve two (2) year terms ending July 31, 2015. POLICE ADVISORY BOARD 07/13 TERM EXPIRES NAME & ADDRESS 07/31/15 Jack Chadam Unexp Appt + 2 yr 07/31/14 Wyana Claxton Unexp Appt 08/16/11 Reappt07 /17/12 07/31/14 Samuel Menard Appt 08/07/12 07/31/14 Robert Shell, Chair Unexp Appt 08/02/11 Reappt07 /17/12 07/31/13 Matthew Monahan Unexp Appt 04/20/10 Reappt06 /21/11 07/31/13 Annette Annechild Unexp Appt 11/01/11 07/31/14 Shelly Weil, Vice Chair Appt 07/17/12 07/31/14 Aird Cajuste UC) Appt 07/17/12 07/31/14 Edith Thompson Appt 07/20/10 Reappt07 /17/12 07/31/13 Catherine DeMatto Appt 06/21/11 07/31/13 Marc Muscarella Unexp Appt 10/16/12 07/31/13 Ryan Longo Unexp Appt 07/31/13 Student 07/31/14 Paola Pineros Unexp Appt 12/04/12 (Student) City of Delray Beach Police Advisory Board — Applicants Exhibit A 1. Annette Annechild Incumbent Resident/Business Owner 2. Michael Costin Also applying for the Financial Review Board Resident 3. Margherita Downey Resident 4. Joseph Ingram Resident 5. John Jackson Resident 6. Ellen Major -Hanna Also applying for the Kids and Cops Committee Resident 7. Robert Marks Resident 8. Matthew Monahan Incumbent Resident 9. Marc Muscarella Incumbent Resident/Business Owner Q \ z / N \ 0 / ti a� Z / Z a� � \ O y. p O r-• CD p p M jz� CD O 0 N M O O r-• O M p p r-• N M O p r-• O r-• O O r-• r-• r-• r-• \ \ C�j / o \ V Cd h U Vl U W .S .S • \� N�V N�V N�V N�V N�V N�V N�V N�V N�V '\,z'\,z'\,zN�V N�V N�V N�V NN�V N�V NN�V N�V \�z ,I MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.P. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE KIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Kids and Cops Committee. BACKGROUND The terms for Ms. Jennifer Aracri (At Large Representative), Mr. Frances Moschette (At Large Representative), Ms. Phyllis Willingham (At Large Representative), and Ms. Cory Cassidy (Citizen at Large Representative) will expire on July 31, 2013. Ms. Aracri will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Moschette will have served three (3) consecutive terms and would like to be considered for reappointment. Ms. Phyllis Willingham will have served two (2) consecutive terms and would like to be considered for reappointment. Ms. Cassidy will have served three (3) consecutive terms and would like to be considered for reappointment. Section 32.41(B) in the Code of Ordinances, provides for authorization of additional two (2) year terms by a majority vote of the City Commission. Appointments are needed for three (3) At Large Representatives and one (1) Citizen at Large Representative. The Kids and Cops Committee was established as an advisory board to the City Commission in May, 1994 with the adoption of Ordinance No. 20 -94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At Large Representatives" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen At Large Representative" and "At Large Representative" category. The other appointments are made by the various groups involved and presented to the Commission for ratification. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" Attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5) for three (3) At Large Representatives. Commissioner Petrolia (Seat #1) will make an appointment for one (1) Citizen at Large Representative. The terms are for two (2) years ending July 31, 2015. RECOMMENDATION Recommend appointment of three (3) At Large Representatives and one (1) Citizen at Large Representative for two (2) year terms ending July 31, 2015. KIDS AND COPS 07/13 TERM EXPIRES REGULAR MEMBERS ORGANIZATION REPRESENTED 11/30/2013 William J. Fay, Jr. (Principal) Banyan Creek Elem. Ratified 02/07/06 Reapptll /07/07 Ratified 12/11/07 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/2013 Yvonne Odom Carver Middle Ratified 02/07/06 PBC School District Reapptll /07/07 Ratified 12/11/07 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/2013 Cheryl McKeever Crosspointe Elem. Unexp Appt 09/06/06 Ratified 11/17/06 Reapptll /07/07 Ratified 12/11/07 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/13 Regina Sablo Crosspointe Elem. Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/13 Rona Tata SD Spady Elementary Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/13 Danielle Beardsley Parks and Recreation Ratified 02/07/06 Reapptll /07/07 Ratified 12/11/07 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/2013 Nicole Guerriero, Chair Police Department Appt01 /03/11 Ratified 05/07/11 Reappt10 /05/11 Ratified 11/01/11 11/30/2013 Adrian Rackauskas Police Department Unexp Appt 11/02/11 Ratified 01/03/12 07/31/13 Jennifer Aracri At Large Representative Unexp Appt 01/03/12 07/31/13 Francis Moschette At Large Representative Reappt02 /07/06 Reapptl2 /11/07 Reapptll /17/09 Rea t08/16/11 07/31/13 Phyllis Willingham At Large Representative Appt 03/03/08 (partial term) Reapptll /17/09 Reappt 09/06/11 11/30/13 Sheila Bethel Pine Grove Elem. Unexp Appt09 /03/08 Ratified 03/17/09 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/13 Sandra Weatherspoon Village Academy Appt10 /05/11 Ratified 11/01/11 11/30/13 Angelica Rotondo Orchard View Elem. Unexp Appt09 /03/08 Ratified 03/17/09 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 07/31/13 Cory Cassidy Citizen at Large Ratified 02/07/06 Representative Reapptl2 /11/07 Reapptll /17/09 Appt 08/16/11 11/30/2013 Vilguins Louissaint Plumosa Elem. Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 KIDS AND COPS COMMITTEE EXHIBIT A Jennifer Aracri (Incumbent) Lydia Carreiro (also applying for the Education Board) Cory Cassidy (Incumbent) Ellen Major -Hanna (also applying for the Police Advisory Board) Francis Moschette (Incumbent) Phyllis Willingham (Incumbent) Q z i W i i i M N Q� a a a a a d fsa a d fsa r , � � M ICI ICI ICI ICI ICI ICI ICI ICI ICI W MM� i..l N • i.l S. � 4% � � � � . � FBI V] 4% � �i V] � � a% C� � 4% . i..l i�1 a W ��y � V� CC S. Gi _ U � ryG�% C • ^■ a% N �. o ^" E C G% V] C bA ' � / � 0 C > 0 U s FE Z h A Q CI1 �i U U ✓ Q Z V Q F� O V W V F+� V Q C Q Q �0s/ Fi CI1 CIS A l U MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.Q. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND The terms for regular members, Ms. LeaAnne DeRigne, Ms. Toni McMillan, Ms. Julia Kadel, Ms. Mary Leavenworth, Ms. Sandra Owens, Ms. Kenya Spear and student member, Ms. Madison Aracri, will expire on July 31, 2013. Ms. DeRigne will have served one (1) full term and would not like to be considered for reappointment. Ms. McMillan will have served an unexpired term and would not like to be considered for reappointment. Ms. Kadel, Ms. Leavenworth and Ms. Spear will have serve unexpired terms, are eligible and would like to be considered for reappointment Ms. Aracri will have served one (1) full term and is not eligible for reappointment. Please note that there are no student applicants at this time. Additionally, I was unable to make contact with Ms. Owens regarding reappointment. Appointments are needed for five (5) regular members. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1) for five (5) regular members to serve two (2) year terms ending July 31, 2015. RECOMMENDATION Recommend appointment of five (5) regular members to serve two (2) year terms ending July 31, 2015. 07/13 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2013 LeAnne DeRigne Educator Appt07 /05/11 07/31/2014 Jose Herrera, Chair Special Events Coordinator Unexp Appt 04/21/11 Appt 07/17/12 07/31/2014 Kevin Warner Educator Appt 08/07/12 07/31/2014 Shannon Schwartz Educator Appt 07/17/12 07/31/2014 Debra Kaiser Senior Director Appt 07/20/10 Reappt07 /17/12 07/31/2014 Angela Burns Educator Unexp Appt 11/15/11 Reappt07 /17/12 7/31/2013 Julia Kadel Director of Admissions Unexp Appt 12/06/11 07/31/2013 Mary Leavenworth Education /Sales & Unexp Appt 01/17/12 Consultant 07/31/2013 Toni McMillan Educator Unexp Appt 07/17/12 07/31/2013 Sandra Owens Educator Unexp Appt 01/15/2013 07/31/2013 Kenya Spear Educator Unexp Appt 01/15/2013 STUDENT MEMBERS (one term limit) 7/31/2013 Madison Aracri Appt 06/21/11 Student 2 YEAR TERM 7/31/2013 Vacant 1 YEAR TERM Student EDUCATION BOARD EXHIBIT A Mercie Alcindor Educator Lydia Carreiro Educator (also applying for the Kids and Cops Committee) Mary- Elizabeth Cohn Educator /Sales Consultant (also applying for the Public Art Advisory Board) Cathy DeMatto Development Consultant Jack Fowler Healthcare Consultant Philip Friedman Assistant Director/Retired (also applying for the Nuisance Abatement Board) Sheri Hack Realtor (also applying for the Neighborhood Advisory Council and the Nuisance Abatement Board) Julia Kadel Educator/Director of Admissions Incumbent Mitchell Katz Development Representative Margarita Kaufman Educator Mary Leavenworth Area Director Incumbent John Miller Merchandising Category Merchant Deborah Nix Guidance Counselor Michelle Quigley News Researcher Adam Reback Government Operations (currently serving on the Neighborhood Advisory Council and the Nuisance Abatement Board) Kenya Spear Educator Incumbent Joyce Warner Educator U W Q O z U 0 H w ti O O p O O O O O O O O O O O O O O O O O O O O O a � i i M \ N / O w w O W MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.R. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Green Implementation Advancement Board. BACKGROUND The terms for regular member, Ms. Stephanie Bedenbaugh, and alternate members, Mr. Michael Marcus and Mr. Walter Cornell, will expire on July 31, 2013. Ms. Bedenbaugh will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Marcus will have served an unexpired term and does not want to be considered for reappointment. Mr. Cornell will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointments are needed for one (1) regular member and two (2) alternate members. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24 -09 establishing the Green Implementation Advancement Board for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long -term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Implementation Advancement Board shall consist of five (5) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending July 31, 2015. Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4) will make appointments for two (2) alternate members to serve two (2) year terms ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending July 31, 2015 and two (2) alternate members to serve two (2) year terms ending July 31, 2015. 07/13 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Giulia Pace Vice President/ Investment Unexp Appt + 2 yr. 02/19/13 Research 07/31/2014 Jeff Conley Architecture/Engineering- Unexp Appt 12 /06/11 Principal Reappt07 /05/12 07/31/2014 Joeven Valenzuela Engineer /Principal /Co- Unexp Appt 09/20/12 Owner 07/31/2013 Stephanie "Chloe" Bedenbaugh Human Resources Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt06 /21/11 07/31/2014 Hilary Roche Managing Director Unexp Appt 09/20/12 ALTERNATE MEMBERS 07/31/2013 Michael Marcus Recycling /Managing Unexp Appt 09/20/12 Partner 07/31/2013 Walter Cornnell Principal Unexp Appt 03/19/2013 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Stephanie Bedenbaugh Director - Environmental Sustainability Incumbent Walter Cornell Principal Incumbent Nathalie Siegel Independent Consultant - Architecture Frederick Kaub President - Environmental Services U Q O z U 0 H w 0 � O O O O p 0 i a � z i w � i a � U \ � / ~ > O Z � � O ° u un tc tz \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.S. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Nuisance Abatement Board. BACKGROUND The terms for regular members Ms. Britt, Ms. Cottone - Ovadia, Ms. Anderson, and alternate members, Ms. Arline Sherman and Mr. Adam Reback, will expire on July 31, 2013. Ms. Britt, Ms. Cottone- Ovadia and Ms. Sherman will have served one (1) full term, are eligible and would like to be considered for reappointment. Ms. Anderson and Mr. Reback will have served unexpired terms, are eligible and would like to be considered for reappointment. Appointments are needed for three (3) regular members and two (2) alternate members. The Nuisance Abatement Board was established by Ordinance No. 59 -96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1) for three (3) regular members. Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) will make appointments for two (2) alternate members. The terms are for two (2) years ending July 31, 2015. RECOMMENDATION Recommend appointment of three (3) regular members and two (2) alternate members to serve two (2) year terms ending July 31, 2015. NUISANCE ABATEMENT 07/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/2014 Wendy Smith Health Policy Unexp Appt 08/18/09 alt Consultant Appt 02/16/10 reg Appt 08/07/12 07/31/2013 Greta Britt N/A Appt 07/05/11 07/31/2013 Nayda Cottone - Ovadia Unexp Appt 09/07/10 Reappt08 /02/11 Nursing 07/31/2014 Linda Laurence -Leib Office Manager Appt Alt 04/07/09 Appt Reg 06/18/09 unexp Reappt08 /17/10 Appt 08/07/12 07/31/2013 Carol Anderson Personnel Unesxp Appt 08/21/12 Administration ALTERNATES 07/31/2013 Arline Sherman Retired /Physical Appt 08/07/12 Therapy 07/31/2013 Adam Reback Operations Consultant Unexp Appt 08/07/12 BOARD COUNSEL Steve D. Rubin, Esq POLICE LEGAL ADVISOR Cathy Kozol NUISANCE ABATEMENT BOARD EXHIBIT A Carol Anderson Incumbent Greta Britt Incumbent Nayda Cottone - Ovadia Incumbent Sheri Hack (also applying for the Neighborhood Advisory Council and the Education Board) Philip Friedman (also applying for the Education Board) Adam Reback Incumbent Arline Sherman Incumbent U W Q O z U 0 H w w ti O M O M N M O M O M p M p M p O O O p Oq. O Oq. O Oq. p Oq. p Oq. Oiii � F+�I iii FBI i i M N � / i Z / z � .7� C N 'O O / N MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 9.T. - REGULAR COMMISSION MEETING OF JULY 25, 2013 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND The terms for regular members, Mr. John Hallahan and Mr. Jeremy Office, and alternate members, Mr. Warren Trilling and Ms. Selma Snow, will expire on July 31, 2013. Mr. Hallahan will have served one (1) full term and does not want to be considered for reappointment. Mr. Office and Ms. Snow will have served unexpired terms and would not like to be considered for reappointment. Mr. Trilling will have served an unexpired term, is eligible and would like to be considered for reappointment. Please note that Mr. Trilling would like to be considered for regular membership. Appointments are needed for two (2) regular members and two (2) alternate members. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55 -09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58 -09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. 05 -11 provided further amendments to clarify that the Board's duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property /casualty or health), business owner /manager /officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4) for two (2) regular members. Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1) will make appointments for two (2) alternate members. The terms are for two (2) year terms ending July 31, 2015. RECOMMENDATION Recommend appointment of two (2) regular members and two (2) alternate members for two year terms ending July 31, 2015. FINANCIAL REVIEW BOARD 07/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/14 Brian Anderson Director of Unexp Appt 03/20/12 Communications reappt 07/05/12 07/31/14 RosaTorres- Tumazos Business Strategy Unexp Appt 06/05/12 + 2 Consultant Yrs 07/31/13 John Hallahan, Chairperson Assistant Director of Unexp Appt 04/05/11 Operations /Retired P.E. Reappt06 /21/11 MBA 07/31/15 Mark Spennacchio Retired /Finance /Aviation Appt 03/5/13 07/31/15 Joe Farkas Banking /President /C.E.O Unexp Appt + 2 yr term 05/21/13 07/31/13 Jeremy Office Unexp Appt 07/17/12 Financial Manager 07/31/14 Luise Plane Executive Management Appt 07/20/10 Reappt07 /17/12 ALTERNATES 07/31/13 Warren Trilling Business Development Unexp Appt 01/03/12 Manager CPA 07/31/13 Selma Snow Retired /Fiscal Officer Unexp Appt 08/07/12 Contact: Richard Reade X -7009 S /City Clerk /Board 13 /Financial Review Board FINANCIAL REVIEW BOARD EXHIBIT A Michael Costin Audit Director /Consultant (also applying for the Police Advisory Board) Allen Huntington Accounts Payable Specialist (also applying for the Parking Management Advisory Board) Alexander Simon Real Estate Broker Warren Trilling Retired /Certified Public Accountant Incumbent Alan Weitz Retired/Banking (also applying for the Community Redevelopment Agency) U Q O z U 0 w w wN w w w w w w w O O O O O O O O O O O O O O O O O cC cC 0 a i N i w 0 i w U O / U i \- -ice\- -/ - -i \-i \-i \-i \-i MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JULY 25, 2013 CDBG ANNUAL ACTION PLAN FY 2013 -2014 ITEM BEFORE COMMISSION This item is before the City Commission for Public Hearing and approval of the Annual Action Plan FY2013- 2014 required by the United States Housing & Urban Development Agency (HUD) for utilization of grant funds. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local planning documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local plan submission and requires that each municipality submit an Annual Action Plan each fiscal year. Citizen participation is integral to the development of the Annual Action Plan. Grantees are required to provide at least two public meetings to obtain the public's views and respond to proposals and questions. The first public meeting was advertised in the April 25, 2013 issue of the Palm Beach Post. The meeting was held in conjunction with the Neighborhood Advisory Council meeting, May 20, 2013. The second meeting is the required public hearing before the Commission, which was advertised in the June 14, 2013 issue of Palm Beach Post. Any comments received from the public, which are not accepted, must be summarized and included in the final plan as an attachment. The City did not receive any reportable comments. The NAC unanimously supported and approved the annual plan and proposed budget as presented. The attached Annual Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the needs delineated in the Five -Year Consolidated Plan. The City's CDBG entitlement for FY 2013 -2014 will be $413,556 and has been categorized by the following objectives: PROGRAM ADMINISTRATION General management, oversight, and coordination of the CDBG program & NS Division $ 82,711 HOUSING Owner- Occupied Housing Rehabilitation $268,812 PUBLIC SERVICE $ 62,033 Funds in support of various eligible public service activities consistent with needs identified in the City's Five -Year Consolidated Plan and are subject to a 15% cap of annual allocation. TOTAL CDBG FY2013 -2014 BUDGET FUNDING SOURCE Community Development Block Grant $413,556 RECOMMENDATION Approval of the FY2013 -2014 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. �- F ourth Program Year Action Plan The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. r :A © - Complete the finable fields (blue cells) in the table below. The other items are pre -filled with values from the Grantee Information Worksheet. Date Subnztted o8 a� .13 licarit Identifier . e: of Submission, Date Received by state State:Identifer :! , . , lxcation re -a Ixcatin Date Receivedb :HUD , ,+ ,< Federal'Identafier =, . ❑ Construcfion, [j Constructtori? ®;Non Cori'structign ,. "= ❑ Non!Consiruchon ,�:. licant,nforrriaticiri City of Delray Beach FL120732 DELRAY BEACH Street Address - loo NW 1st Avenue Or anizational Duns 07- 7283737 Street Address Line 2 Organizational Unit City Delray Beach lorida Department - Community Improvement i -33444 lCountry - U.S.A. Division - Neighborhood Services to er Identf"icatr4ixl�Iumber (EIN} Coln - Palm Beach 9- 6000308 Program Year Start Date -- 10/1/2013 pplYCant 1 yp� pe.cify ©ther Type if necessary Local Government: City jj LI S Deparfiine- o PLO a i F ndxx� Housin 'amd LFrban.De ie opment `. Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding ommufiky Development Block' rant' t4 2 8 Entitlement Grant,' DDe opinent„ubllc Servi e Demoban, Adm nstraton Desci iptiarf of Areas Affected by CDBG Projects) CDBG TargetArea " _ ..r -__: BG H Grant Amount $Add�fional UD Grants) 3 Descnbe $4x3,556 ` .J .r �.1 t .. ...� _ „ Levexaed .�, T : 4.. SA lditjvnal ederal Funds Le eraged ­.,.hj. State Funds Leveraged„ i l .240,OQESNSP . , _ , $Iiz3fo SHrP_$15oaoa_itCMP $Locally Leveraged Funds J. i { $Granteexunds Leveraged $Fft oao- PRA. /NSP i ; ;� ' $14 ;430 UDAG Repayment elz a Beaeh Geneat Fund t -fill 3 $Antici�ated Program Income } { t } f,: (Describe) 4 otal Funds Leveraged for CDBG- b'asedPro�ect {s) + $ a one I>2vesttuent Part�raex'shxps,Pxogram 14.239 HOME HOME Project Titles f j. j, { 1 Description Qf AreasAffected by HQME Pro�ect(s) ki. A Fourth Program Year Action Plan 1 Version 2.0 City of Delray Beach HOPWA i ESG Is application subject to review by state Executive 12372 Process? Is the applicant delinquent on any federal debt? If { ❑Yes This app�ICation was made available to the "Yes" please include an additional document ' state EO i23�2 process ".for review on'DAPE exnlainin� the situation. IS 1-1 Nn .. Prn¢ram ,.g nr4 nnvPra },v FGl ,���� Person to be contacted regarding this application P. Nigel Roberts Neighborhood Services 61- 243-7282 61- 243 -7221 Administrator Lula Butler, robertspn@mydelraybeach.com www.mydelraybeach.com Dir. of Community Improvement ignature ofAuthorized Representative Date S�gied ' IJ J A J Loiie�ha "man dr:, Fourth Program Year Action Plan 2 Version 2.0 City of Delray Beach Narrative responses Executive Summary The Executive Summary is optional, but encouraged. If you choose to complete it, please provide a brief overview that includes major initiatives and highlights that are proposed during the next year. Program Year 4 Action Plan Executive Summary: The U.S. Department of Housing and Urban Development (HUD) requires that all Community Development Block Grant (CDBG) Program recipients develop an Annual Action Plan component of the five -year Consolidated Plan each year. The Plan serves as the application of funding for the CDBG program and describes the activities that will be undertaken during the next fiscal year. Activities are selected for funding in accordance with the priorities established in the 2010 --20x5 Consolidated Plan and in accordance with the primary objectives of the CDBG program which are to 1)create suitable living environments 2)provide decent housing and 3)create economic opportunities. 20x3 -2014 CDBG funds have been categorized into the following activities: Activity Proposed Fundin Administration (subject to 20% Cap) $ 82,711 Housing Rehabilitation; Single -unit Residential $ 268,812 Public Service subject to 15% Ca $ 62,033 Total: $ 41.3,556 General Questions i. Describe the geographic areas of the jurisdiction (including areas of low income families and /or racial /minority concentration) in which assistance will be directed during the next year. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.2i5(a)(i)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Fourth Program Year Action Plan 3 Version 2.0 City of Delray Beach Program Year Action Plan General Questions response: Geographical Distribution & Rationale for Assigning - Priorities One hundred percent of activities funded in the 2013 -2014 Annual Action Plan focus on the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Blvd. (south) and from Interstate 95 (west) to U.S. 1 (east). This area includes the downtown business district and twenty- -eight residential neighborhoods. The majority of the City's minority and low- to moderate- income population is concentrated within the 728 acres that make up this residential core. The area contains approximately 2,416 dwelling units, including single - family, duplex, and multi- family units. A variety of affordable housing units have come on line within the designated target area over the past 10 years including two owner - occupied single family subdivisions, 175 new infill single family units, six CODA units: two owned by Delray Beach Community Redevelopment Agency (CRA) and four by Community Land Trust (CLT), 57 lessees, three (3) rental, and one (1) lease purchase CLT properties, one Eagle's nest home through the partnership of the City, CRA and Atlantic High School's Construction Academy, 20 workforce town homes and 456 affordable rental units. Meeting Underserved Needs In 2013 -14, the City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse needs of its citizens. On an on- going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies to provide a wide array of services to residents in need. The Neighborhood Resource Center which opened in August 2oo6, continues to uphold its mission by enriching the quality of life of City residents and promoting a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. During program year 2013 -14 the NRC office space will continue to serve as home to agencies such as the Delray Beach Community Land Trust, United Way Prosperity Campaign, CROS Ministries /Caring Kitchen, Legal Aid of Palm Beach County as well as one (1) City funded Neighborhood Services staff position. The City is seeking to expand the NRC in 2013 -14 to provide additional services within the CDBG target area. The City will continue to utilize its unique network of homeowners associations to foster communication between the City and the neighborhoods at the resident level. In doing so the Community Improvement Department can gain important feedback and citizen input from the residents themselves and overcome obstacles as they present themselves. Resources Available to Address Idenfified Needs During the 2013 -14 program year, the City of Delray Beach will continue to implement its 2o10- 2015 Five -Year Consolidated Plan. CDBG program funds will be enhanced through leveraging of other Federal dollars, State and Local resources as well as private funds. The City expects to receive the following funding: Funding Source: Amount: CDBG Entitlement Funds $413,556 Neighborhood Stabilization Program (NSP) $ 200,000 (approx.) Delray Beach Community Redevelopment A enc NSP $ 200,000 (approx.) Residential Construction Mitigation Program (RCMP) $ 15o,000 State Housing Initiatives Partnership (SHIP) FY12 -13 & F 13 -14 $ 111,310 Revenue from Urban Development Action Grant (UDAG) repayment — in support of local Neighborhood Programs $ 149,430 Children's Services Council (CSC) $ TBD Section 8 Funds (Delray Beach Housing Authority — serves 1,2oo+ families under this program) $11,769,390 Total: $12,993,686 Fourth Program Year Action Plan 4 Version 2.0 City of Delray Beach Because this is the fourth year of a 5 -year flan, a majority of the narrative responses required for the Action Plan mirror the narrative responses for the 5 -Year Strategic Plan. Accordingly, under each of the narrative headings, we will refer back to answers contained in the Strategic Plan or, as appropriate, provide a specific response regarding the Citys intentions for fiscal year 2013. Activities and programs funded focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Boulevard (south), and from Interstate 95 (west) to U. S. 1 (east). This area includes the downtown business district and twenty -eight residential neighborhoods. The majority of the City's minority and low - income population is concentrated within the 728 acres that make up the residential core. The area contains approximately 2,416 dwelling units, including single family, duplex, and multi - family units. Two affordable housing projects, Allamanda Gardens, consisting of thirty -six single family unit and Swinton Gardens, an 11 unit single - family development, and three workforce housing developments, Swinton Square consisting of 20 mixed - residential family units and Auburn Trace consisting of 264 mixed residential units and Village at Delray consisting of 192 mixed residential units are located in the target area. The activities that will be implemented with fiscal year 2013 -i4 funds have been developed to address the priority needs, strategies and objectives identified in the 2010 -2015 Consolidated Plan. The general priorities as stated in the five -year plan are to: 1. To improve existing neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure improvements; 2. To eliminate conditions detrimental to the health, safety, and welfare of citizens within the City; and 3. To encourage private investment and economic growth in eligible neighborhoods. In 2013 -14, the City of Delray Beach will continue to provide funding for an array of community development projects and programs designed to meet the various and diverse needs of its citizens. On an on -going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our residents. The City will continue using its unique network of Homeowners /Neighborhood Associations to foster communication throughout the City at the neighborhood and resident level. Through this system, each obstacle is addressed as it presents itself to the City and the Community Improvement Department. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Fourth Program Year Action Plan 5 Version 2.0 City of Delray Beach Program Year Action Plan Managing the Process response: The City of Delray Beach is an Entitlement City that receives funding from HUD through the Community Development Block Grant program. The City's Community Improvement Department/ Neighborhood Services Division is responsible for overseeing the development of the Consolidated Plan and for implementing the CDBG program. The City provides technical assistance to individuals, businesses, and sub - recipient agencies participating in the CDBG program and works with them in developing, coordinating and implementing programs to serve the needs of the community. In addition the City continues its effort to streamline services and avoid duplication, maximizing overall resources and results. Neighborhood Services staff developed the Year 4 Action Plan through analysis of demographic data, consultation with community groups and concerned citizens, meeting with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, Achievement Centers for Children and Families, CROS Ministries/ Caring Kitchen, Homeless Coalition for Palm Beach County, Fair Housing Center of the Greater Palm Beaches, Urban. League of Palm Beach County, United Way of Palm Beach County, Families First, Delray Beach Community Land Trust, Delray Beach Community Development Corporation, Neighborhood Advisory Council, City of Delray Beach Planning and Zoning Department, The Palm Beach County Department of Housing and Community Development and The Affordable Housing Advisory Committee. All 31 neighborhood association presidents from the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. Information was extracted from the following sources: US Department of HUD, 2000 census, Palm Beach County Housing and Community Development Division, City of Delray Beach Local Housing Assistance Plan, and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The City has formal partnerships in place with many of the partners listed above. Joint planning activities occur on an on -going basis to develop collaborative projects and initiatives consistent with the community's objectives. The City provides direct funding for many of the programs and services provided by partner agencies and are directly involved in the monitoring and oversight of those programs and activities. The City has worked very closely with the Delray Beach Housing Authority, Delray Beach Community Redevelopment Agency, Delray Beach Community Land Trust and the Delray Beach Community Development Corporation to plan and put into action several affordable housing projects and initiatives. The City meets regularly with key members from these agencies, and has formed joint planning committees and task forces to develop specific plans to address the area's most pressing housing needs. Among the current initiatives being collaboratively planned and /or implemented are a redevelopment plan for the City's former public housing complex, the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE Relations initiative. Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non - English speaking persons, as well as persons with disabilities. Fourth Program Year Action Plan 6 Version 2.0 City of Delray Beach 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department /Neighborhood Services Division. The Division is responsible for administering the City's community development and neighborhood services programs, develops and manages several agreements with outside agencies to provide housing and social services to residents throughout the City. For the past several years the City has been engaged in vital planning initiatives with citizens, non - profit organizations, and other community stakeholders to improve housing, social services, economic development, and livability conditions throughout Delray Beach. Particular emphasis has been placed on involving residents within the CDBG target area in the planning process of the Annual Action Plan. The City has worked very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been established to create opportunities for ongoing stakeholder involvement including: The West Atlantic Redevelopment Coalition (WARC) - a planning body consisting of representatives from all of the neighborhood associations and community organizations located on west Atlantic Avenue; the Affordable Housing Advisory Committee (AHAC) a governing body that recommends specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value; as well as the City Commission appointed 15 member Neighborhood Advisory Council (NAC). A Needs Assessment Meeting was held at the May 20, 2013 NAC board meeting. This allowed for public review of the plan and the opportunity to provide input. As required by HUD, a public hearing is to be held on July 25, 2013 to obtain citizen input for the Action. Plan. In addition to advertising the public hearing with 15 days prior notice, neighborhood associations, public agencies and other interested parties were notified by memo of the date, time, and location of the public hearing. The City also adverstised that the plan was available for a 30 day public comment period from 6[t5/13 - 7/15/13 at City of Delray Beach Community Improvement Neighborhood Services Division, Delray Public Library and the Delray Beach Neighborhood Resource Center. The draft plan was also available online at w-ww.mydelraybeach.com during the 3o day comment period. Institutional Structure x. Describe actions that will take place during the next year to develop institutional structure. Program Year Action Plan Institutional Structure response: The Year 4 Action Plan is to be carried out through a network of public, private, and non -profit organizations, many of which participated in the public participation process. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Measurable strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community Land Trust/ Purchase Assistance Program, as well as the number of foundations and non - profit agencies in the community actively participating in a variety of activities benefiting the community. Fourth Program Year Action Plan 7 Version 2.0 City of Delray Beach CDBG Program funds in the total amount of $413,556 will be utilized in support of the City's holistic approach to community development. Funds will compliment other resources received and utilized to address identified needs. 2013 -2014 Program Year funds under the CDBG Program will be utilized in support of the following activities and programs: Owner- Occupied Housing Rehabilitation (HR) Program Providing for the substantial rehabilitation of approximately ten (1o) owner - occupied residential homes located within the identified CDBG Target Area (and administrative expenses associated with two full -time positions). All program participants must be determined income- eligible in order to receive assistance. A waiting list of approximately eighteen months to two years currently exists. The primary goal of this program is to enable income- eligible households to maintain a safe, habitable and suitable living environment and assist in stabilizing our neighborhoods. The City is further interested in maintaining (and expanding) its current inventory of affordable units for our citizens. CDBG Program Administration Providing for the overall administration of the CDBG Program and Community Development Division. Eligible program administration costs include staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation. Public Services Funds in support of various eligible public service activities consistent with needs identified in the City's Five -Year Consolidated Plan and are subject to a 15% cap of annual allocation. All proposed activities serve low and moderate - income persons: Communfty Child Care Center Funds in support of subsidized childcare services and after school care for low and moderate — income persons (limited clientele beneficiaries). Allocation serves to offset direct program delivery costs at the childcare center. • Legal Aid Society of Palm Beaches, Inc. The City will use Legal Aid services to provide fair housing education, outreach and counseling. The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's Section 8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven - member Commissioners for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference). Over the years the City Commission has supported the DBHA by providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than 15 years. This provides program continuity and stability. The City will continue to implement the Neighborhood Stabilization Program funds to purchase, rehab and sale or provide for rental single- family homes for very low to moderate income households. The City will continue to work in partnership with the Delray Beach Community Fourth Program Year Action Plan 8 Version 2.0 City of Delray Beach Land Trust, Delray Beach Community Development Corporation and Delray Beach Housing Authority. Monitoring i. Describe actions that will take place during the neat year to monitor its housing and community development projects and ensure long -term compliance with program requirements and comprehensive planning requirements. Program Year Action Plan Monitoring response: See Strategic Plan narrative. During the 2013 -14 program year, the City of Delray Beach will continue to conduct random on- site monitoring visits to selected housing rehabilitation projects from the past 12 -18 months. Additionally, the Division conducts on site visits to each public service subrecipient every other year to ensure compliance with all federal regulations and City policies. Monitoring visits have been conducted in 2013 to all CDBG sub - recipients from the period of 2012 -2013 fiscal year. In addition, all documentation pertaining to subrecipient activities and monitoring is retained at the Neighborhood Services Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable results. Lead -based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead -based paint hazards in order to increase the inventory of lead -safe housing available to extremely low -- income, low - income, and moderate - income families. Program Year Action Plan Lead -based Paint response: HUD lead based paint regulations are applicable to rehabilitation activities that are funded under the CDBG program. During FY 2013 -2014, the City will continue to implement its housing related activities in a manner which assesses lead -based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead -Based Paint" pamphlet that describes hazards of lead - -based paint. When lead is detected in items to be disturbed by rehab or on mouthable surfaces, the work -write up incorporates measures for contaminated areas. This involves qualified contractors using safe lead practices. During housing rehabilitation in such units, a clearance test is performed to ensure the home is lead -free. Specific Housing Objectives *Please also refer to the Dousing Needs Table in the Needs.xls workbook. x. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the neat year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Fourth Program Year Action Plan 9 Version 2.0 City of Delray Beach Program Year Action Plan Specific Objectives response: See Strategic Plan narrative. The City's primary focus over the next year will continue to be the development and maintenance of affordable housing within the jurisdiction. The City plans to accomplish approximately io substantial housing rehabilitation projects, at least 6 of which will be committed to homeowners at or below 5o% of the area median income. A combination of CDBG and CRA funds will be used to fund the City's housing objectives. The City also plans to purchase, rehabilitate and resell 6 additional bank -owned foreclosure homes using Neighborhood Stabilization Program and CRA funds. This will increase the affordable housing stock within the City and stabilize neighborhoods potentially in decline due to foreclosure. Federal, State and Local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive funds for housing objectives from the following sources: Resources for Housing Objectives: Funding Source: Amount: CDBG Entitlement Funds $ 268,812 State Housing Initiatives Partnership (SHIP) includes .,�Y12 -r3 $ 110,310 Residential Construction Mitigation Program (RCMP) $150,000 Neighborhood Stabilization Program (NSP) $200,000 (approx.) Delray Beach Community Redevelopment A enc (CRA) $200,000 (approx.) Total: $ 929,122 All of the City's housing programs are available to eligible very low -, low -, and moderate -- income families and households. Needs of Public Housing i. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year Action Plan Public Housing Strategy response: See Strategic Plan narrative. The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's Section 8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven - member Commissioners for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference). Fourth Program Year Action Plan 10 Version 2.0 City of Delray Beach Over the years the City Commission has supported the DBHA by providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than 15 years. This provides program continuity and stability. Through the Section 8 Housing Choice Voucher Program, DBHA continues to provide housing subsidies to 1x29 families including 40 families from other Housing Authority jurisdictions who utilized the portability aspect of the Voucher Program. Additionally, support services are provided to 45 families through our Family Self- Sufficiency program, a case - management effort designed to reduce participants reliance upon public assistance, including housing subsidy. Through the FSS program, more than 30 families have attained homeownership while most of the current participants remain in some stage of preparation for homeownership, including credit repair and /or workforce development. DBHA entered into land -lease agreements with the developer partnerships (Roundstone and DHG) known as Village Square Elderly, LLC, Village Square Family, LLC and a yet to be named third single family For -Sale developer entity. On February 12, 2013, the Village Square Family LLC closed on financing for a 9% Tax Credit - financed affordable housing development. Construction of the 144 -unit family development is expected to be complete by April 2014. Village Square Elderly will be financed, an 84 -unit Senior Housing community will be financed by 4% Tax Credits, bonds and local Community Redevelopment Agency grants and loans and will utilize Project -Based Section 8 as further subsidy upon occupancy. Construction is expected to begin by Fall 2013. Phase 3 is to be developed at a future period not yet determined. This final phase will include both detached single family and attached two - family units to be sold to low - income homebuyers. Consistent with the agency's approved Replacement Housing Plan, DB1 A is utilizing its first of two 5 -year allocations of Replacement Housing Factor funds to acquire and rehabilitate units scattered throughout its jurisdiction. Five units, including two donated by the Community Redevelopment Agency have been acquired and rehabilitated to house extremely low -- income families as part of the Authority's Public Housing program. DBHA purchased 5 units at $1o/unit from the City of Delray Beach that will be used to house families at or below 5o% of the median income. Four of the units are currently occupied and staff is processing a rental application for the 5th unit. As part of the destruction of the former Public Housing site, DBHA lost its permanent office space as well. Plans have been developed and approved by governmental permitting entities to construction a 14,000 square foot mixed used building to house DBHA operations, FSS, and 3 Public Housing Units. Due to the economic downturn, the project has been placed on hold until such time it can be financed. Fees and lease payments earned through the redevelopment of the former public housing site, now known as Village Square, will be used to construct the $1.9 million LEED certified project. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year Action Plan Barriers to Affordable Housing response: Fourth Program Year Action Plan 11 Version 2.0 City of Delray Beach Eliminating barriers to affordability has been the primary objective of the Community Land Trust program since its inception in 20o6. In July 2oo6 of that year the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into a Sub - recipient Partnership Program with the Community Land Trust (CLT) for the purpose of creating affordable homeownership opportunities. Under the Sub - recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During the 12 -13 program year, no SHIP funds were received or used for this purpose as well as in a traditional Purchase Assistance format. If additional SHIP funds are received this component will be continued. The City will continue to purchase foreclosed properties and rehab for resale through the use of Neighborhood Stabilization Program funds for affordable homeownership opportunities within the CDBG and NSP target areas. The City currently utilizes its Workforce Housing Ordinance in an effort to create additional affordable and worldorce housing throughout the City. The ordinances relax some regulatory zoning restrictions in designated areas, allowing increased density in exchange for affordable housing units. The City expanded the program in 2007 to include additional RM zoned areas throughout the City. HOME / American Dream. Down payment Initiative (ADDI) i. Describe other forms of investment not described in § 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it musk state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.2o6(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing_ b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long -term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction -wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: Fourth Program Year Action Plan 12 Version 2.0 City of Delray Beach a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year Action Plan HOME /ADDI response: The City does not receive HOME /ADDI funds. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. r. Sources of Funds— Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney -Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly- -owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness —In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness —The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2o12. Again, please identify barriers to achieving this. 4. Homelessness Prevention —The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy— Explain planned activities to implement a cohesive, community -wide Discharge Coordination Policy, and how, in the coining year, the community will move toward such a policy. Program Year Action Plan Special Needs response: The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community- based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all its sub - committees. The Coalition collaborates with community task forces to make sure crucial data is included in the Continuum planning process. Fourth Prograrn Year Action Plan 13 Version 2.0 City of Delray Beach The Continuum of Care planning occurs through an inclusive process consisting of the Continuum of Care Planning Committee and the following subcommittees: the Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board (ESG), Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC). The Continuum of Care system begins with the Homeless Management Information System or HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client Management Information System). A countywide one day "point -in- tinge" count was conducted by the Homeless Coalition in FY2o12. The report showed 42 unsheltered homeless individuals in Delray Beach, or 4.4% of the total counted in the County. Eight (8) of the reported unsheltered homeless individuals were located within the 33444 zip code and CDBG target area. (Source: Palm Beach County Homeless Continuum of Care Point -in -Time Homeless County, Noon January 26, 2012 — noon January 27, 2013). CROS Ministries operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area. In 2012 the Caring Kitchen reported serving an estimated 88,385 meals to the homeless, seniors and people of low income. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual may be served on multiple days and be counted once for each meal. The facility also provided support in the way of basic needs and services or referrals to 16,625 individuals The food pantry in Delray Beach, also operated by CROS Ministries, provides groceries for homeless and low- income while they are pending food stamps or in other crises. Of the total 9,620 persons who received service in 2o12, an estimated 8% were homeless. CROS volunteers also assisted over 2,400 people to apply to for government benefits such as food stamps, Medicaid and temporary cash assistance from the Neighborhood Resource Center location. Occasionally, police officers will find homeless persons living in the woods outside the City limits and will refer them to appropriate agencies. They have indicated that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Based on both the January 2012 point -in -time count and the information cited above, it is estimated that on a given day there are an average of 59 -6o homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA s o7/01/2o12 — 04/24/13 records 356 persons from Palm Beach County took shelter at their facility for emergency shelter and transitional housing, 172 of whom were children. 11 adults and 6 children are from Delray Beach. Detailed demographic data on the homeless subpopulation is not available for Delray Beach specifically, or on the extent of homelessness by racial or ethnic group but is provided through county -wide reporting by the Palm Beach County Homeless Continuum-of-Care. See Strategic Plan homeless narratives describing the City's participation in the Palm Beach County Continuum of Care, which is a countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of homelessness. The Continuum of Care system includes the following components: Homeless Prevention Services, Outreach and Assessment, Emergency Shelter, Transitional Housing, Permanent Supportive Housing, and Permanent Housing. Fourth Program Year Action Plan 14 Version 2.0 City of Delray Beach Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year Action Plan ESG response: Not applicable Community Development *Please also refer to the Community Development Table in the Needs.x]S workbook_ 1. Identify the jurisdiction's priority non - housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. Identify specific long -term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low-- and moderate - income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Program Year Action Plan Community Development response: The City of Delray Beach's priority needs objectives are as follows: Priority Need Objective Activity Amount of Proposed Funds CD Objective z: Funds provided for the Administration $ 82,711- overall administration of the CDBG program and Neighborhood Services Division CD Objective z: Public Service Agency 1 Child Care Services $ 57,033 Enhance the safety and livability of low income neighborhoods by addressing the needs of child care Public Service Agency 2 Fair Housing $5,000 Fair Housing Fourth Program Year Action Plan 15 Version 2.0 City of Delray Beach CD Objective 3: Public Facilities & Public Facilities & TBD Improvements - Utilize CDBG funds to improvements Proposed install Public Facilities and Funds Improvements located within the CDBG Expansion of o target area including but not be limited Neighborhood to the construction or installation of Resource Center infrastructure improvements such as streets, street resurfacing, curbs, water /sewer lines and /or sidewalks. Housing Objective z: Conserve the Housing $ 268,812 existing affordable housing stock Rehabilitation; Single Unit Owner-Occupied Housing Objective 2: Provide Fair Fair Housing (Included in Public Housing Education & Outreach services Service budget) Total Allocation: $413,556 A description of the activities and specific goals are included in the project charts. A summary listing of activities and the Consolidated Plan priority need addressed by each appears below (please note that "CD" stands for Community Development): See Strategic Plan narrative for specific long- and short-term community development objectives. Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year Action Plan Antipoverty Strategy response: See Strategic Plan narrative. The goals, objectives and actions outlined in the 2010 -2015 Consolidated Plan and in this 2013- 2014 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation was submitted the 2013 -2016 Local Housing Assistance Plan. (LHAP) prepared by the City's Neighborhood Services Division. The LHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its Fourth Program Year Action Plan 16 Version 2.0 Amount of Priority Need Objective Activity Proposed Funds CD Objective 1: Utilize CDBG funds to Micro Enterprise Loan Fund o provide businesses located in, or will be located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. See Strategic Plan narrative for specific long- and short-term community development objectives. Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year Action Plan Antipoverty Strategy response: See Strategic Plan narrative. The goals, objectives and actions outlined in the 2010 -2015 Consolidated Plan and in this 2013- 2014 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation was submitted the 2013 -2016 Local Housing Assistance Plan. (LHAP) prepared by the City's Neighborhood Services Division. The LHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its Fourth Program Year Action Plan 16 Version 2.0 City of Delray Beach current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Delray Beach Housing Authority's Family Self - Sufficiency (FSS) Program serves as an anti- poverty tool. The program provides a holistic approach to service delivery that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance. A family- centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted 22 families in obtaining homeownership. In addition, the DBHA applies for Section 8 rental assistance whenever HUD makes funds available. Both the City and the DB1 A follow HUD guidelines pertaining to Section 3, which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low- income persons. This has the potential of reducing poverty. The City is the fiscal agent for grant funds from Children's Service Council which partners with two non -profit agencys, Achievement Center for Children and Families and Families First to carry out approved services. This grant facilitates services provided by the Beacon Center at Village Academy Elementary School, a public deregulated neighborhood school located within the CDBG target. Beacon Centers, which targets low income residents, are partnerships between the local government, schools, community -based organizations and community leaders. Beacons provide academic, social, recreational and culture actititivies for both the child and family to create supports leading to optimal development of the child, healthy family functioning and building the capacity of the neighborhood in which it is located. ° u 5 '�' �--3 �2 'sue Non- homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non- homeless Special Needs Table in the Nceds.xls workbook. i. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year Action Plan Specific Objectives response: The City hopes to meet the Special Needs population during the next year, through its holistic approach to community development. Through its partnership with the Delray Beach Community Land Trust, the City will continue to provide increased housing opportunities for households receiving public assistance. Accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program. Funding provided to small businesses for economic development activities will require job creation for low - income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the Fourth Program Year Action Plan 17 Version 2.0 City of Defray Beach DBHA, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home, accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program, funding provided to small businesses for economic development activities will require job creation for low- income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Housing opportunities for People with ASKS "Please also refer to the HOPWA Table in the Needs.xls workbook. i. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range / type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on the accomplishments under the annual HOPWA output goals for the number of households assisted during the year in: (i) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and /or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non - regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV /AIDS and provide additional information regarding the administration of services to people with HIV /AIDS. g. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year Action Plan HOPWA response: Not applicable Fourth Program Year Action Plan 18 Version 2.0 City of Delray Beach Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year Specific HOPWA Objectives response: Not applicable Include any Action Plan information that was not covered by a narrative in any other section. In FY 2013 -14 the City will seek to expand the Neighborhood Resource Center located within the CDBG target area. Through the NRC the City will seek to enhance worldorce, job creation and other services to low -to- moderate individual and households. This project will be leveraged with additional funding from the Delray Beach Community Redevelopment Agency (CRA). The City is working in partnership with the CRA to create a micro enterprise revolving loan fund utilizing CDBG funds to assist with business and job creation opportunities in the CDBG target area. The initiative will allow for much needed micro enterprise funds for loans ranging from $2,500 to $5o,000. Funding for this initiative will reallocate previous year CDBG funds and will be leverage CRA funds. CDBG Program funds in the total amount of $413,556 will be utilized in support of the City's holistic approach to community development. Funds will compliment other resources received and utilized to address identified needs_ 2013 -2014 Program Year funds under the CDBG Program will be utilized in support of the following activities and programs: Owner -Occu ied Housing Rehabilitation (HR).. Program Providing for the substantial rehabilitation of approximately ten (1o) owner - occupied residential homes located within the identified CDBG Target Area (and administrative expenses associated with two full -time positions). All program participants must be determined income - eligible in order to receive assistance. A waiting list of approximately eighteen months to two years currently exists. The primary goal of this program is to enable income- eligible households to maintain a safe, habitable and suitable living environment and assist in stabilizing our neighborhoods. The City is further interested in maintaining (and expanding) its current inventory of affordable units for our citizens. CDBG Pro am Administration Providing for the overall administration of the CDBG Program and Community Development Division. Eligible program administration costs include staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation. Fourth Program Year Action Plan 19 Version 2.0 City of Delray Beach Public Services Funds in support of various eligible public service activities consistent with needs identified in the City's Five -Year Consolidated Plan and are subject to a 15% cap of annual allocation. All proposed activities serve low and moderate - income persons: Community Child Care Center Funds in support of subsidized childcare services and after school care for low and moderate T income persons (limited clientele beneficiaries). Allocation serves to offset direct program delivery costs at the childcare center. • Legal Aid Society of the Palm Beaches, Inc Funds in support of Fair Housing services Fourth Program Year Action Plan 20 Version 2.0 —.p v ..,- ,.r Grantee Name: City of Delray Beach Project Name: Administrat +on - Description: $DIS Project #: UOG code: IFL120732 DELRAY BEACH These funds will be used for program management, coordination, monitoring , and evaluation of the CDBG program in 2011 -.12 and the overall admire €stratidn.of the Neighborhood Services Division. -- - Location: -.. Priority Need category - - 100 NW 1st Avenue Delray Beach; FL 33444 :- ..:.Select one anning/Adminlstrad r 7 ._.... F Explanatmn: Ex ected Com letion irate: ' -.- . 913 ZO 0.. ...: -., n Suitable Living Environment �Q C] Economic Opportunity - ecificcobjectivos Outcome Categories '[� Availabil'rtylACCessEbillty _ '[. ] Affordability .::: -[ Susiainabil.ity' '.z �. ........... 3 - y :.0 N }X; 5 4 ' Rccompl. Type: V .... Proposed - .. f Accompl Type - . -... ' Proposed - .. . Underway :: Underwa .. Com: Ista Complete,- . A ontpl. Type: .. Proposed A(compl. Type: V -' - Proposed Underway ,..: Underwa Com lete [om lete Accompi. I yjK-: w. .. ... :. Aro used At:COnnpl.Ive: `Underwa Pro osed Underwa coin fete Pro osed'Outcotne :` "Perforinance.Measure .......Actual Outcome 214 General Program Adrnk)lstratian 570.206 w ; Matrix Codes Matrix Codes' w = Matrix Codes Matrix Codes V -: Matrix Callen wr .+ y ,a E LL p IL CRwi w•' Pro osed Amt. 9 111,310 pond Source: �: Proposed Amt. Actual Amount 3 601386 Actual Amqunt Fund Sou ce; W Fund Source: w osed Amt. :ro Actual Amount Accompl, Type: wr Proposed Units Accompl. Type; w Proposed Units Actual Units Actual Units Accompl. Type: w : Proposed Units Accompl. Type; ♦ Proposed Units Actual Units Actual Units N. M n r „ E� :°. Y a - .. -... Fund Source) of Proposed: Amt. $' X104,720 -. - :: ! :- F,rO Source: _ _w, : Proposed Aria Actual .Amount . $ : - 99,246 Actual Amount .; Fund Source: w' Fuad SourCel w' Proposed Amt Actual Amount Accomp€, Type; w Proposed units..'. - Accompl. Type: w .`. Pro osed Units Actual Units. ' ACtual'Units AccoripL Type: w :.. '': Pro osed:Units Attnmpl,Type: w Proposed Units :. Actual'Units Actuai Units.. m� y M E" r p LL IL Furuf Source: w: Proposed Amt. $ 82,628 punt[ Source: r.. Proposed Amt. Actual Amount $ 48,576 Actual Amount Fund Source: Fund Source: W Proposed Amt. Actual Amount Accompl: 'TYfn.: w Proposed Units Accom I '1' p. vpz: w Proposed Units Actual Units Actual Units Aerompl. Type: w : Proposed Un €ts Acownpl, Type; w Proposed Units Actual Units Actual Units w y a «a E � IL �.. - . Rind Sourcc. -'w Proposed Amt $:.:'.'82,711:. '.. fond Source.: `- -: . � w Proposed -Amt Actual Amount ' �� ` Actual Amount - -� Fund Scare. w ... - Proposed Amt. Fund Source V ,.,...,,.. Pro osed Amt. .. Actual Amount Actual Amount Accarnpi, Type; Proposed Units— Ac4umpl. Tyne. F. Proposed Units Actual Units- Actual Units": - Accompl. Type: T .. - Proposed Units A[onmpE. Type '. . w -. -. Proposed Units Actual Units. -. Actual Units m m LL o d Fund Source: wr" - Proposed Amt. Fund Source: w Proposed Amt. Actual Amount Actual Amqunt Fund Source; - Proposed Amt, Funtl Srnuc:e: - Proposed pmt. Actual Amount Actual Amount Accompi.'7 ype: � ;Proposed Units .'3'ype: Proposed Units Actual Units Actual Units Accompl. Type: : w Proposed Units AttY,mp,. Tyler: t: Proposed Units Actual Units Actual Units Admin. 1 CPMp Grantee Name: City of Delray Beach L'PMV V�rern 1.0 Prolect.Njfite: gin le Family Owner -Qecu" led- HOUSiri Rehabilitation !- - Description: ioTs Pro ect.i: UQG Code: IFL120732 DEi..P:AY'BEACH Fdrg Noble loans are - :provided to law -r cclerate "Inca'm¢ owner- octupled households to maintain their. properties In a decent, safe, and. sanitary condition. Fwnd5 areprcivided as a deferred, no= interest Forgivabke loan. Amounts are limited to $37,000 per unit jsubjectto change :per program:gu €dellnes),. Funds are - provided for :mhaod{tation admirlistratlon: (Housing Rehab: Specialist a.nd.Housing l :Inspector). Priority Need Category... -: CD6G Target Area _ Select one. .. :.Owner occupied Housing . ` . explanation Expected Completion Ill Conserve the existing affordable housing ;stock. - Moir- �0- Decent Housing -. Q Suitable laving Environment Q Economic Opportunity - Specific pbjectives Outcome Categories -� .: - ..�....] 'Affordability .Sustalnability , 1` Improve the EILWIty Of owner housing - y- S ti _ d E o. oo ,u. 10 Housing units V : - - - -. Proposed - 15 : �:. ;- Accompl. Type; + - - Proposed. 10 Underwa Underwa- CRmPlete.!. 9 Com lete 10 Housing Units +_ :.. " :: Proposed 15 ACcampl. Type: + Proposed Underway '.: Underway Complete: S2 Complete A<.campl, TYPe 'K ..... Proposed 10 Accompl: Tyl +'. -. .:Com Pro -osed - underwa - 7: Untlerwa - Coin lete' : �4. late . . ... - ` ro OSBCI`OUtCOrlie ' - . PerforRt8000`Measure ':: - ' .- ::ACtual-outcorne.!: Pr...eserVatiop of affordable housing units lNumber of housing. units unproved " i4A Rehah; Single -Uric Residential 570 "202 :,w 14H Rehahilitatien Adil 570.292 Matrix Codes 7 '.: Matrix Codes 7 - Matrix Codes ,7 '',i Madx Codes V - y ti 0 2 > Cr a5 w FY10 -11 Proposed Amt. $ 332,980 MUG 7 HR Admin Proposed Amt. Actual Amount $ 174,978 Actual Amount _ $ 180,356 Fund $Qwce i V Proposed Amt. Fund Suurw; ► __ "" Proposed Amt. Actual Amount Actual Amount 10 Housing Units. V Proposed Units 15 Accnmpl. Type: 7 Proposed Units Actual Units 9 Actual Units Accompl. 1 gpee : V - - Proposed Units Acrompl. Type: .7 Proposed Units Actual Units Actual Units ~ :N >' a ' Fund Source: l 12 v ," 'Proposed 'Amt. 265,351 - -�.: ".`. :.. Fund Source: - HR :Adman ' Pro osed Amt. -- Actual,Amourit $ : -- :186,856 Actual Amount " Fund Source ,�. Proposed Amt. Fund 5oueee v. - ' ' Pro osed Amt. .. gctual'Am'ount - Atitciel Amount - : Accompl. Type: + Proposed Units "-.` "15 Fv_coml Type+, T. Proposed Units - Actual: Units, ,. "12 Accompl. Type: w Pro osed- Units "' Accompl. Type; , v. -;- ...:- ';Actual tfrolika0 Units Actual Units .. ;. - :Units. n y M �' N H W o a Fund Source: FY12 -13 w< " -- " Proposed Amt. $ 268,954 Fund Source: :w HR Admin-- - Proposed Amt. Actual Amount $ 167,719 Actual Amount fund source Pro osed Amt. Fond Source: t Proposed Amt. Actual Amount Actual Amount Accompl, 1'yl - - Proposed Units 10 Accompl, 'Ivpe: +. - -- Proposed Units Actual Units Actual Units Acmino. l'ype: - w Proposed Units Aecnmpl. 'I'yi7e 7r Proposed Units Actual Units Actuat Units v y_v �:; Fund Source: w Pro osed.Anrt. .: 2681812 '..: :' " : "'. - ..' F-und Source: w. Proposed Amt. Actual Amount " Actual Amount Fond Source" V. Pro osed Amt. " rued 54u ce: + Pro osed`Amt. . Actual Arpount - A(.conlp €,'1'YPe, Pro osed'Units: '' 19 Accompl. Type: ,.- : . , Pro osodTlriits. A�tuat..Uiiitac "" :..- ` ": Actual Units - Accompl, Type I !w . Pro osed Units Accompl, Type:.., T Pro e"d inits Actual Units ,AChual Units ur m m } E�,__ :°. o Fund Source: .r.:. Proposed Amt. Fund scuroel V_ Proposed Amt. Actual Amount Actual Amount Fund Source: '.w Proposed Amt. Fund Source: v Proposed Amt. Actual Amount Actual Amount Accompl. Type: Tr -- Proposed Units Acal31 7 €. T .w l Ype: Proposed Units Actual Units Actual Units _ _ Accompl. Type v - Proposed Units Accompl, Type: V - Proposed Units Actual Units Actual Units Rehab 2 CPMp on;nvarsia,a o Grantee Nalnet City of Delray;Seach Project Names..` Communit child Care Center dba: :Ach evemeritCenters for Children & Families Description: ' IUtS Pro ect #; UOG Code: FL320732 DELRAY BEACH These funds will be used For program management, coordination, monitoring , and .evaluation of tiie CDB . program in 2011 -12 and the overall administration of, the Neighborhood 5e vices'Division, locatlon: -" .: .. ,:: :. -:.,' :..> �i.pr€ority Need Category.., - CDBG Target: Area. .... .. one ., _...__. -' Public Services .: ,.,.: Expected Co m teG €on.Rate:. The ObJective of the current five-year period IS to Improve and expand public serv[Ce that address Senior se rvlces, crime: prevention, child care, youth serv[ces, fair hcusing;counsehng; recreational services, tenant /landlord counseling and. employment training, 913 0 4 Decent Housing 0 Suitable Living Environment Q Economic 9pportpnity Specific Objectives - !outcome Categories �. � Avaflsbiii�ylAccessibdlfty )� Sustaina6ti y ' -1 improve the services for low/mnd incofne persons 7 �. _: ; "— - -- ..�-._ F-3." i " `a Xi ` .. r t �.�: -a. a "q u 01 People rP Proposed ' Zno - - 01 People ♦ : � � .` proposed > 7.50 Underway. _ Underwa complete - 1636 coin lets 01 People r p :. Prop osed . 700 01 PecP[c w: - Proposed :. Undem ay Uncle rway. wilt lets 1054 - Complete 01 Pc^aple .. Pro osed ` 700 AemmPl. '1'YPe� 'w .Pro - - used - ` Underway - Underway - ]Complete Cam lete Pro osed Outcome Performance Measure Actual Outcome Provide childcare, ..:.. afterschool care and Nurriber:ofiow income children served it Child Care Services 57U.201(e) V Matrix Codes r: Mgtrix Codes Matrix Curies 7 Matrix Codes r': Matrix Codes y ti E ° M Y LL o LL CUBG v ___ -- Proposed Amt. $ 80,000 Fund Sounce: +' - -� se Propod Amt. Actual Amount 80,00D_ Actual Amount Fynd Sotece: v Proposed Amt. f1Jnd Source: w Proposed Amt. Actual Amount" Actual Amount 0 €People r - Pro osed Units 700 Accompl. Type: Proposed Units Actual Units 1036 Actual Units Accompl, Type; - ____ -- Proposed Units Accompl, Type; - - Proposed Units Actual Units Actual Units ` N d N z . ... CDBG V ". Pro - osed Amt $' ' :'72 540 : . �`....... '... _. ..: Fund Scarce: v - -` Pro osed.'Amt.. > 'Actual Amount $ i"72,540 Actual:Amount' Fund Source: .,w Proposed Amt. Fund Source; - �.: bra osed Amt. Actual Amount' Actua€ Amount... . 01 People V 'ACtUat.Units::.: Proposed: units 700 Accompl, Type; :. .. 'w .. Proposed Units ..1054 Actual Units: , Accur 1, Type W - -. PrOlPpsed: Units Accompl. Type: V .. ; Pro `osed Units Actual Ua1ts: .. -.. ".. Actual Units. M y m Y ~ E ^' N LL o a CUBS; : V: Proposed Amt. 58,971 Fun6 Sour<'e: .'v " Proposed Amt. Actual Amount $ 92,549 Actual Amount Fund SOpmQ; 1 Proposed Amt. Fund 5nurce: : T Proposed Amt. Actual Amount jActual Amount 01 people -- - Proposed Units 7q0 Aaumpl. Type: w __- - Proposed Units Actual Units Actual Units At - .ompl. Type; w Proposed Units AccUfni >I. 'I'ype 7 Proposed Units Actual Units Actual Units da "t E M -01 Q . o.:.- Fund Source: -e Proposed Amt.- 57,033 r- - ". .. :. Fund Souga:; - a 'mm"' Proposed. Amt. Actual Amount -- Actual Amount Fu%t Source V _....::. = Pro osed Amt. Fund Soi4rrp,: : : e...:..: Pro osed Amt. ... Actual.Arnount : .. Actual- Amount " Acwmpl. -I'ype. ♦ Pra osed Units 750 r.�mpl, Type: -:''- Proposed Units Actual Units ' Actual Units` Accompl. Type: T: ......_ - Pro .osed. Units compl. Type: V ,.... 2- Proposed Units _ Actuattinits. .. ... .. Actual Units m Y � Y o LL Furl S4mrce: w Proposed Amt. [FFUpd S4urCe: w Pro osed Amt. Actual Amount Actual Amount FUnd St>urce: Proposed Amt. nd Source: � ..:.__ Pro osed Amt. Actual Amount Actual Amount Awompl, Iy1m :'w Proposed Units Accompl, 'iYpe: -- Proposed Un lts Actual Units Actual Units Aanmpl, Type: m, Proposed Units Accompl. Type: w- Proposed Units Actual Units Actual Units Public Sery (CCCC) 3 CPMP rrn:r=va�slo, a.o Grantee. Name: City of Delray Beach _ Pro ect name: ILegai Aid Society of Pal.m Beach'Courit Inc, Description: IRIS Project # UOG Code: FL120732 bb:LRAY BEACH These funds will be used for education and outreach activities for seminars and events and providing- direct.dvil legal representation in an effort to protect the fair housing rights of the low /moderate residents of Delray Qeach, t iooatlon. Prlorit Need CatEibo" City -wide . .. _ - ... ... ` ... , , - ' Select one. . -. ..._.. Public Servlces ,.. _. 7 r , Explanation: -' Expected completion Date The objective of the current five -year period is to !improve and expand public services that address senior services, crime prevention,:child: care, youth services, falr�housing counseling,' recreational services, tenant /landlord counseling and employment training., (r) Decent Housing (i Suitable uVing Environment -� Economic Opportunity - .S ecifi�c Qhiadivas - Outcome categories 0 Avallability/Accessibl5ty Q Affordability - © sustainaul.ty 1, Improve access to affordable rental housing - 2. improve access to affordable owner housing 3' Improve access to affordable owner oousb4i for minorities .... c . (V ^^ E: m ::- U ;4 Accompl. Type: .. -. 'Pro posed ' :.. - 01 People Proposed osed ''. 244 ' Underway :: com fete Accompl. Type; w Pro osed Accompl :. -;. -. ..:. _;- .. Proposed Underway ' : Underwa .. Co m late '. �� Cam fete Accompl Type: 7. ... Pro osed Accunipi. Type: .. - -: ' '. " Proposed Unilerwa '% underwa coin Fete Com late Pro osed Outcome I Performance Measure Actual Outcome. : Fair housing education and outreach sessions JNumber of people attending sessions . 05) Fair Housing A< hies (iI CDBG, then subject to 5713,201 (e) V ' +, Matrix Codes Matrix codes W:,. Matrix Codes .. ........ ... . Matri% Cedes Matrix Codes y a Y d a y Q LL CL Fund surge: ' w Proposed Amt. Fund 5o0rrr,; - -- Proposed Amt. Actual Amount Actua! Amount I'urttl Source: 7 - - Proposed Amt. Fund Source: v Proposed Amt. Actual Amount Actual Amount gccpmpl. Type; r Proposed Units Acromp €. Type: 7 Proposed Units Actual Units Actual Units Accompl. Type: w Proposed Units - Accamph }'ype; : ,r Proposed Units Actual Units Actual Units . r.i`..... y'n E � u. fond Source: .. w: :— :... Propose d -Amt . - .' '. ..� - Fund Source: . - : -.' '> r: - : Proposed Amt. Actual:Amount -:` -:. Actual Amount :...' fund Source Pro ased`Amt Fund Sou": ►:Pro OsetlAmt. Acramol. Type 7 .. :... �- .� Pro osed Units Accompl. Type 7 . :... '- Proposed Units ' Actual tlnits `. .. ACtuaf:Units. .. Accornpk Type: . 1. Proposed. Units Accompl, Type: "Y Proposed Units Actual Units!' Actual - Units -: m y m }' E o IL Fund Source: w'. Proposed Amt. : .'.�.:. :. - ': Fund Source: w Proposed Amt. Actual Amount• Actual Amount Fund Source: V Aaoirpl.'TypG: - w. Proposed Amt. Fund Source: - Pro osed Amt. Actual Amount _ Proposed Units Actual Amount Accompl'1'ype: w Pro osed Units Actual Units Actual Units Accompl, Type: �r - - - - -- Proposed Units Accompl. Type: - r Proposed Units Actual Units Actual Units - e y.e €m M.} �., ' cQcG ir : '�� -.. Proposed.Amt $ .,,:.. 5,'000: Fund Source: w I -�' . � `Actual Pro osed Amt. Actual Amount � -:.• .. � Amount Fund Sou3'r'. .:Pra osed Amt.::: Fund &aurcn; rr. . -` Pra ose6:Amt ... .:... :.':. Actual Amount :'.:: Aatual'Amount :. .:. at People _.. ?ro osed.Units 244 gccompl.'I'y;7e 7 .:- .._�a: Pro osed Units Actual Units- Actual Units. .. .Accompl. Type" t. ,. ... ,.Actual.- Pro osed Units Accompl• Type r .' .. °; Pra osed Uriits Units'. .,.: Actual.Units ., ur y� e e Fund Source; v Proposed Amt Fund Source: V -- Proposed Amt. Actual Amount Actual Amount Fund Source . V Pro osed Amt. Fund Source: 7 Proposed Amt. Actuaf Amount Actual Amount Axoorl% Type: w Pro osed Units Accvorpl. 'l'VPe: �. Proposed Units Actual Units Actua! Units Accompl. Type: v Pro o2 Units Accmopl, Type: T I Proposed Units Actual Units Actual Units Public Sery (LegalAid) 4 CPMP CITY OF DELRAY BEACH NO710E OF AVAILABILITY COMMUNITY DEVELOPMENT BLOCK GRANT (CI)BG) FY 2013 -2014 CDBG CONSOLIDATED ANNUAL ACTION PLAN Is available for review at; • Neighborhood Services Division, City Hall, 100 NW 1st Avenue, Delrayy Beach • Delray Beach Public Ubrary, 100 West Atlantic Avenue, Delray Beach • Neighborhood Resource Center, 141 5W 12th Avenue, Delray Beach • www.mydeiraybeach.com The U,S. Departmart of Housing and Urban Development (HUD) requires that an Annual Action Plan for the City of Delray Beach be proposed, then adopted by the City Commission and approved by HUD, before the C1 can receive Com munity Developmerrt BBlock Grant (CUBG) funds. The FY 2013 -2014 Program Year includes $413,556.00 in CDBG funds avaiiable October 1, 2013, for the fourth year Df the City's 410- 2015 Five -Year Consolidated. Plan. The primary objective of the CDBG program Is the development of viable urban communities characterized by the provision of decent housing, a suitable living environment, and expanding economic oppportunities for Individuals/households of low - to moderate - incomes. Each CDBG activity must soecificaily address one 1, to benefit low -to moderate- income households; 2. to aid in the prevention or elimination of slum or blight; 3. to meet community development needs having a particular urgency, The City CDBG entitlement for FY 2012 -13 has been Categorized by the following proposed objectives; CDBG PROGRAM ADMINISTRATION $ 82,711.00 General management, oversight, and coordinatiDn of the CDBG program & NS Division HOUSING $ 268,812,00 Owner Occupied Housing Rehabilitation PUBLIC SERVICE $ 62,033.00 Funds in support of various eligible public service activities consistent with needs identified in the City's Five -Year Consolidated Plan and are sub)ect to a 15'% cap of annual allocation, TOTAL CDBG FY2012 -2013 EXPENDITURES $ 413,556.00 The second public hearing is scheduled for July 25, 2013 at 7:00 p.m. during the City Commission Meeting and will be heid at Delray Beach City hall, 100 NW 1st Avenue, Delray Beach, FL 33444. The proposed Annual Action Plan Is available al. the locations above as of the date of the publication of this notice, June 14, 2013- All written Comments received in the Neighborhood Services Division atthe address below by July 15, 2013, will be responded to prior to submittal to HUD. To submit written comments or if you require further information; please call P. Nigel Roberts, Neighborhood Services Administrator, at $61) 243 -7280 or visit the City's Neighborhood Services Division at Delray Beach City Hall, 100 NW 1st .Avenue, Delray Beach, FL 33444. Citizens who re jUire special assistance are encourage to call the above telephone number so that special arrangements can be made. _ PUB., The Palm Reach Post 6- 1412013 #95021 lANc AD r MEETING DATE: LOCATION: MINUTES OF THE NEIGHBORHOOD ADVISORY COUNCIL CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA CALL TO ORDER: REGULAR MEETING May 20, 2013 1st Floor Conference Room, City Hall Meeting was called to order at 5:36 PM. MEMBERS PRESENT: Stephen Lampei, Suzanne Donohue, Gail -Lee McDermott, Patricia Westall, Dorothy Payne, Linda Prior, Elisha Porter, Nathaniel Ellis, Nancy Richards, Pearl Markfield Elrod, Bonnie Altenhein MEMBERS ABSENT: Linda - Laurence Leib, Colson Zulmar, Wendy Smith, Susan STAFF PRESENT 11. APPROVAL OF MINUTES Sims, Adam Reback, Shirl Fields Jennifer E. Costello, Nigel Roberts Motion was made by Nancy Richards to approve the minutes, 2nd by Bonnie Altenhein. All in favor and the minutes were approved. 111. Business Items A: A motion was made at 6:00 pm, to go into the first Public Hearing for the FY 2013- 14 CDBG Need Assessment meeting. The meeting was opened by Nigel Roberts, Neighborhood Service Administrator. He stated that pursuant to the Housing Act of 1974, HUD requires all local municipalities prepare local housing plan documents as a condition of receiving federal assistance. The City is required to submit an Annual Action Plan every fiscal year. Citizen participation is integral to the development of the Annual Action Plan. The City is required to provide at least two public hearings per year to obtain the public's views and to respond to proposals and questions. The second public hearing is scheduled for July 16, 2013 at City Commission meeting. The attached Annual Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the needs delineated in the Five Year Consolidated Plan. Nigel explained that the purpose of this meeting is to give a brief presentation of the City's current Neighborhood Services programs and services and also to obtain citizen's views and input as to the proposed spending plans for funds under the CDBG programs for 2013 -2014. At least 70% of the CDBG funds will benefit low and moderate income persons. CDBG funds can be used to undertake various activities and community prooects including: Acquisition of Property Property Disposition Public Facilities and Improvements Clearance /Demolition Public Services (15% cap) Relocation CDBO's Program Administration (20% cap) Rehabilitation Construction of Housing Code Enforcement Economic Development Homeownership Assistance Special Activities by In order to be eligible for funding, every CDBG funded activity must qualify as meeting one of the program's three national objectives as follows: 1) Benefiting low and moderate - income persons; or 2) Preventing or eliminating slum or blight; or 3) Urgent Need The City's CDBG entitlement for 2013 -2014 will be 392,483 and has been onzea into the twowrnq ouiectives: CDBG 392,483 Program Administration (20% cap) $ 78,496 Owner -Occupied Housing Rehabilitation $ 255,114 Public Service (15% cap) $ 58,872 Following are questions and responses from the Public Hearing: Donohue questioned why we were given the direction to cut the funds by 5% but it appears it has been cut 20 %. Nigel responded some of the reduction is due to the new census and demographic data and some is due to the reduction of HUD allocated funds. McDermott questioned if we address mold issues in the homes that go through our rehab program. Nigel responded that homes are prioritized to bring the dwelling up to code requirements, lead testing is perfomed; if mold is found to be in a home it will be taken care of. April Hazamy of CROS Ministries asked how homes are chosen for our program. Nigel responded that it is a first come, first qualified program, however all qualified applicants are given attention and placed on a wait list if necessary. . Linda Prior asked if the city has funds for public housing for the homeless. Staff response; We do not currently us our CDBG funds towards homeless initiatives. Palm Beach County receives homeless funds and implements homeless initiatives county wide. Council member Prior asked if Childcare, extended day care, and Churches can apply for funding? Staff response; Yes, an organization must have 501 (c) 3 status. We currently provide funding to the Achievement Center, which is a child care provider. We partner and fund nonprofit agencies that are able to comply with the HUD guidelines that are mandatory with the funding award. As a final note, Nigel informed the audience that the division had applied for State of Florida Residential Construction Mitigation Program funding for pre and post hurricane hardening and if received will be used to leverage CDBG housing rehabilitation funds. Mr. Roberts stated that if there are further questions, please feel free to call or e- mail for additional information. B: NRC Partner Introductions: Faith — — Hope -Love Charity, Inc.- Josh Maddock, Program Director Faith *Hope *Love *Charity, Inc. is dedicated to providing support to all Palm Beach County veterans, particularly our homeless and at risk of homelessness veterans. Through the Stand Down House and the First Stop Veterans Resource Center, Faith *Hope *Love *Charity, Inc. has served thousands of veterans and active duty military and stands at the forefront of veterans issues in Palm Beach County. Faith *Hope *Love *Charity, Inc.'s Supportive Service for Veterans Families (SSVF) Grant program began last October through a grant from the United States Department of Veterans Affairs. The program is a Housing First model and provides assistance to homeless and at risk of homelessness veteran households throughout Palm Beach County. The SSVF program operates office hours and outreach at multiple locations, including the Neighborhood Resource Center in Delray Beach. Through the SSVF Program Faith *Hope *Love *Charity, Inc. has been able to provide case management, outreach services, housing counseling, employment counseling and training, and benefits counseling to at risk and low income veterans, helping them access the benefits and services that they are eligible for and have earned through their service to our country. Additionally, the SSVF Program is able to provide temporary financial assistance in the form of security deposits, rental payments, utility deposits and payments, funding for child care and transportation, and emergency supplies. The program assists homeless veterans and their families by getting them into stable, permanent housing, and assists low - income veteran households in permanent housing to remain in their homes. In the first six months of the program the SSVF Program has assisted more than 250 households. Faith *Hope *Love *Charity Inc.'s SSVF Program has been able to keep low income veteran families in their homes, and to assist homeless veterans and their families with rapid re- housing, getting them off the streets and into stable, secure housing so that they can feel safe as they re- integrate into the society that they fought to protect. FHL staff member is on site at the NRC every other Thursday. The 2013 schedule is as follows: June 13, 27, July 11, 25, August 8, 22, September 5, 19, October 3, 17, 31, November 14, 28, December 12. Legal Aid Society of Palm Beach County — Tequisha Myles, Attorney The Legal Aid Society was started in 1949 and at its inception employed one attorney whose purpose was to give free legal advice to the economically disadvantaged. Court litigation was referred to members of the Palm Beach County Bar Association who handled the cases on a voluntary no -fee basis. This was the post -war era and for our county the beginning of rapid migration. Growth was fueled by soldiers returning with "sand in their shoes " to the tropical setting they discovered while stationed at one of the local military bases. They were seeking jobs or retirement in the Sunshine State. Downtown West Palm Beach flourished and television made its first appearance in the county before an audience of reporters and Philco TV dealers. Social problems were handled through churches, neighbors and families. Major health problems were tuberculosis, influenza and polio. The population of the entire county was 114,700. The Legal Aid Society, renowned for its leadership in responding to our community's needs, now employs a staff of 97. Services extend far beyond the dispensing of free legal advice and include the administering of diverse programs providing: 1. Advocacy for foster children and children orphaned through catastrophic events and violence; 2. Protection for vulnerable elderly citizens, whose numbers increase each day; 3. Safe refuge for families affected by the tragedy of domestic violence and homelessness; 4. Representation for HIV infected men, women and children, each coping with the challenges of a devastating disease; 5. Educational advocacy for physically and developmentally challenged children; 6. Intervention for children and youth at -risk for delinquency, truancy and recidivism; 7. Advocacy for immigrants seeking legal residency and citizenship; 8. Education and representation for those at risk for housing discrimination; 9. Advice, representation and education regarding Federal and State employment laws to enrolled Palm Beach County non - profits. The Legal Aid Society of Palm Beach County continues to be recognized as a growing and dynamic organization that personalizes the human and social needs within the legal framework. As one of the first social service agencies serving Palm Beach County, we wish to acknowledge the thousands of clients, pro bono attorneys, generous supporters and collaborating partners who have come to know of our commitment to enhance the opportunities and living conditions for the disadvantaged in Palm Beach County through equal access to justice. With your continued support, the Legal Aid Society of Palm Beach County will fulfill our mission into the future. CROS Ministries /Caring Kitchen -- April Hazamy, Program Director Founded in 1978 the mission of CROS Ministries is to collaborate with people of different faiths and organizations to create solutions to the unmet needs of people in our community. CROS is supported by churches, synagogues, community groups and private individuals throughout Palm Beach County and the Treasure Coast, all of whom share in this common goal. At the NRC CROS Ministries offers several programs and services, as follows: • Community Food Pantry serves those with food stamps or awaiting food stamps because of job loss, excessive financial burdens, flight from domestic violence, and other situations. Families or individuals are provided with a 3 -4 day supply of non - perishable food items. Hours open are Mon, Tues, Thur 12pm to 3pm and Wed and Fri gam to 3pm. In 2012, we served 9,620 people, almost half of whom were children. Benefits Assistance Program helps people fill out the online application for food stamps, Medicaid, and/or cash assistance, recertify for their benefits, fax requested information to DCF, and help troubleshoot problems. Appointments are required for new or recertification applications. Call for an appointment at 561 -271 -1566. In 2012, we helped 2,430 people apply for the first time, renew, or troubleshoot issues with their benefits case. We also helped 665 people with proof of their benefits in order to get services from other agencies. Caring Kitchen Individual /Family Assistance helps families or individuals needing assistance to overcome barriers to self sufficiency. Caring Kitchen staff is seen on an appointment basis at the NRC and on a walk in basis at the Caring Kitchen on Mon- Fri from 11:30am to 12:15pm. Caring Kitchen - 196 NW 8th Ave, Delray Beach - also provides the following services: Providing nutritious meals to senior citizens with low income, mothers with preschool children, homeless, near homeless families and individuals. It is one of three programs in Palm Beach County which provides a meal seven days a week. Self- sufficiency is promoted through on site assistance from different social services, a Job Assistance Program, staff assistance with needs, and training for persons through the Work Force Development Board. We build community by participating in community events, offering special holiday parties or picnics, and holding meetings for participant input and guest speakers. In 2012 over 105,300 meals were provided at the times listed below. Meal Programs: Breakfast Monday — Friday (9:OOam -- 10:00am) An average of 57 meals are served. Lunch Monday -- Friday (11:30am — 12:30pm) An average of 210 hot, nutritious meals are served. Evening Meal Sunday, Monday, Wednesday, Thursday (5:00pm- 5:30pm) An average of 67 hot, nutritious meals are served. Shut -in Meal Monday, Wednesday, Thursday Serving an average of 50 people. We have two routes delivered sometime between 11 am and 6pm. We pay attention to special dietary concerns, give extra cooked food for days we do not deliver, help with minor home repairs, and help with other needs. Weekend Meal Saturday (9am -10am) An average of 320 bag lunches are given out each week. Two bag lunches are given out, one for Saturday and one for Sunday. IV. Non - Agenda Items Um WI! 111 R B. Neighborhood Advisory Council Members a. Pasty Westall, Attended the public meeting regarding the Noise Ordinance which was prepared by our City Attorney, mirrored an ordinance out of North Miami. This revamp of the ordinance was due to 40 or 50 people complaining of the existing ordnance. This issue is a perfect example of items that should come in front of the NAC for our review, support and recommendation. In addition to this issue, we need to find a way to encourage city staff to bring other issues to NAC prior to implementation. b. Gail -Lee McDermott, Osceola Park is having their 2"d Mango swap event and a walk through of our newly completed arts alley. C. Staff Meeting was adjourned at 6:53 PM The undersigned is the Secretary of the Neighborhood Advisory Council and the information provided herein is the Minutes of the meeting of said body for which May 20, 2013 weii4qrmally adopte y he Council on June 17 2013 Jennifer E. Costello Neialhb rhood Planer If the Minutes that you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: July 17, 2013 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JULY 25, 2013 RESOLUTION NO. 14 -13 ITEM BEFORE COMMISSION In accordance with Chapter 56, "Stormwater ", of the City Code, Resolution No. 14 -13 establishes the budget for the stormwater utility system, establishes the rates for FY 2014 stormwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. BACKGROUND The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $63.96 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 14 -13 as Exhibit "A ". The rate structure with condominium factors is attached to the resolution as Exhibit "B ". The assessment roll will be available for review in the Commission Chambers at the July 25th meeting. RECOMMENDATION Recommend approval of Resolution No. 14 -13. RESOLUTION NO. 14 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON - ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21 -90, which provides for the creation and establishment of a City -wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35 -93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21 -90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non - assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach provides that such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 2014, is set forth in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21- 90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the stormwater management assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for stormwater management assessments for the various classes of property (other than non - assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the Code of Ordinances of the City of Delray Beach, and as further set forth in Exhibit `B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and, if, upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore. 2 RES. NO. 14 -13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission does hereby adopt, after public hearing, the rates as set forth in Exhibit "B" hereto which is incorporated herein. Section 4. That the City Commission hereby adopts and certifies the Stormwater Management Assessment Roll. ATTEST: Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the 25`h day of July, 2013. City Clerk MAYOR 3 RES. NO. 14 -13 EXHIBIT "B" TO RESOLUTION NO. 14 -13 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($5.33 /Mo. /ERU) (12 Mo.) (1 ERU) $ 63.96 Condominium ($5.33 /Mo. /ERU) (12 Mo.) (Condo Factor) $ 63.96 (ERU /Unit) x CF* Single Owner Multi- Family Residential ($5.33/Mo. /ERU) (12 Mo.) $ 63.96/ERU Non - Residential Developed ($5.33/Mo. /ERU) (12 Mo.) $ 63.96/ERU Undeveloped ($5.33/Mo. /ERU) (12 Mo.) (1.20 ERU /AC) $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 — 1.0) has been determined for each condominium development. A list of those factors is attached. 4 RES. NO. 14 -13 Exhibit "A" FY 2013 -14 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12 -10 REGULAR SALARIES /WAGES $ 87,390 15 -20 CAR ALLOWANCE - 21 -10 EMPLOYER FICA 6,830 22 -10 GENT EMP RETIREMENT 5,550 22 -30 ICMA CONTRIBUTIONS 4,540 23 -10 LIFE INSURANCE 250 23 -20 DISABILITY INSURANCE 260 23 -30 HEALTH INSURANCE 12,620 24 -10 WORKERS' COMPENSATION 4,020 25 -10 UNEMPLOYMENT COMPENSATION 150 25 -20 EMPLOYEE ASSISTANCE PROG. 50 * PERSONAL SERVICES 121,660 31 -30 ENGINEERING /ARCHITECT 31,970 31 -90 OTHER PROFESS SERVICES 19,000 32 -10 AUDIT /ACCOUNTING FEES 2,010 40 -10 TRAVEL & TRAINING 1,100 41 -10 TELEPHONE EXPENSE 240 41 -15 PORTABLE PHONE /MDD - 42 -10 POSTAGE 300 43 -10 ELECTRICITY 1,810 43 -50 STORMWATER CHARGES 1,180 44 -30 EQUIPMENT RENTAL /LEASE 980 44 -45 VEHICLE RENTAL- GARAGE - 45 -10 GENERAL LIABILITY 7,200 46 -20 EQUIPMENT MAINTENANCE 240 46 -30 VEHICLE MAINT- GARAGE - 46 -90 OTHER REPAIRIMAINT COST 33,170 47 -20 REPRODUCTION CHARGES 2,000 49 -10 ADVERTISING 700 49 -22 SHARE OF ADMIN EXP 119,000 51 -10 STATIONERY /PAPER/FORMS 2,000 51 -90 OTHER OFFICE SUPPLIES 1,500 52 -10 FUEL /LUBE VEHICLES - 52 -20 GENT OPER SUPPLIES 3,000 52 -22 UNIFORM /LINEN SERVICE 160 54 -10 BOOKS & PUBLICATIONS 130 54 -15 SUBSCRIPTIONS 300 54 -20 MEMBERSHIPS 1,140 54 -30 TRAINING /EDUCATION COSTS 1,320 * OPERATING EXPENSES 230,450 64 -11 COMPUTER EQUIPMENT - 64 -12 OFFICE EQUIPMENT - CAPITAL OUTLAY - 91 -01 TRANSFER TO GENERAL FUND 383,770 * TRANSFERS 99 -01 PROJECT RESERVE * NON OPERATING 383,770 109,270 109,270 ** STORMWATER ADMINISTRATION $ 845,150 Exhibit "A" FY 2013 -14 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12 -10 REGULAR SALARIES /WAGES 14 -10 OVERTIME 13 -10 OTHER PAY 21 -10 EMPLOYER FICA 22 -10 GENT EMP RETIREMENT 22 -30 ICMA CONTRIBUTIONS 23 -10 LIFE INSURANCE 23 -20 DISABILITY INSURANCE 23 -30 HEALTH INSURANCE 24 -10 WORKERS' COMPENSATION 25 -10 UNEMPLOYMENT COMPENSATION 25 -20 EMPLOYEE ASSISTANCE PROG. * PERSONAL SERVICES 31 -20 MEDICAL 34 -70 PHOTO /MICROFILM SERVICES 34 -78 REPAIR & UPKEEP CANALS 34 -90 OTHER CONTRACTUAL SERVICE 40 -10 TRAVEL & TRAINING 41 -15 PORTABLE PHONE /MDD 43 -10 ELECTRICITY 43 -25 IRRIGATION WATER 43 -50 STORMWATER CHARGES 44 -10 LAND RENTAL /LEASE 44 -30 EQUIPMENT RENTAL /LEASE 44 -45 VEHICLE MAINT- GARAGE 45 -10 GENERAL LIABILITY 46 -20 EQUIPMENT MAINTENANCE 46 -30 VEHICLE MAINT- GARAGE 46 -90 OTHER REPAIRIMAINT COST 47 -10 PRINTING/BINDING SERVICES 49 -16 COMML DRIVERS LIC RENEWAL 51 -10 STATIONERY /PAPER/FORMS 51 -20 OFFICE EQUIPMENT 51 -90 OTHER OFFICE SUPPLIES 52 -10 FUEL /LUBE VEHICLES 52 -20 GENT OPER SUPPLIES 52 -22 UNIFORMS /LINEN SERVICE 52 -24 BUILDING MATERIALS 52 -26 GARDENING SUPPLIES 52 -27 EQUIPMENT <$1,000 53 -20 REPAIRS - DRAINAGE 54 -20 MEMBERSHIPS 54 -30 TRAINING /EDUCATION COSTS * OPERATING EXPENSES 64 -11 COMPUTER EQUIPMENT * CAPITAL OUTLAY ** STORMWATER SYSTEM MAINTENANCE $ 193,470 10,000 300 14,390 16,470 450 580 42,050 12,020 500 170 290,400 100 9,420 42,900 990 2,280 8,540 4,900 3,200 800 79,420 14,610 1,430 100,000 54,680 180 50 70 200 38,630 8,000 2,500 700 10,000 10,000 11,200 480 405,280 1,200 1,200 $ 696,880 Exhibit "A" FY 2013 -14 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 46 -43 DRAINAGE SWALES $ 100,000 68 -72 NE 3RD ST STREETSCAPE 110,000 68 -86 SWINTON & ATLANTIC INTERS 95,000 XX -XX * ** BLOCK 8 ALLEY 40,000 XX -XX * ** FIRE HQ PUBLIC PLAZA 75,000 XX -XX =_= OSCEOLA ALLEYS PHASE 2 25,000 XX -XX =_= PUMP STATION REHAB 50,000 XX -XX =_= SW 2ND TERR 55,000 XX -XX * ** SW 10TH /9TH AVE IMPROV 50,000 * CAPITAL OUTLAY 600,000 ** CAPITAL $ 600,000 * ** Account number not yet assigned FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71 -16 STORMWATER NOTE 71 -25 2007 UTILITY TAX BONDS PRINCIPAL 72 -16 STORMWATER NOTE - INTEREST 72 -25 2007 UTILITY TAX BONDS INTEREST * DEBT SERVICE ** DEBT SERVICE 39,810 2,840 14,480 49,720 106,850 $ 106,850 * ** STORMWATER UTILITY FUND Is 2,248,880 City of Delray Beach, Florida Program: SWLIB /SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/17/13, 9:33:32 CONDOMINIUM RATES FOR TAX YEAR 2013 Page: 1 Condominium Acacia House Admiral Apts. Ardmore Arnold Industrial Park Astor Atlantic Grove Avenue East Retail Bahama House of D.B. /Brook Bahia at Delray Balmoral Banyan House Banyan Tree village Bar Harbour Barr Terrace Barrton Apts. Beach Cabanas Beach House of Delray Beekman Bella vista Berkshire By The sea Berkshire I Bermuda High Bermuda High South Bermuda High West Blairs Downtown Block 60 Boca Isle /Point at Delray Brooks Lane Cambridge Captains walk Casa Del Mar Casa Playa Chevy Chase Churchill Haven /Ocean Reach Apts. Beach City Walk at Pineapple Grove Coach Gate Coastal House Colridge Commodore Apts. Congress Commerce Center Congress Park office Congress Professional Building Coral Cove Coral Trace office Park Costa Del Rey Country Manors Court of Delray Courtyards at Martel Arms Cove Apts Crest Del Harbour 1040 Del Haven Dr. Del Harbour 1820 S ocean Blvd. Delhaven Delray Beach Club Units ERUs 3 .91 10 .70 13 .70 3 1.00 98 .34 48 .94 6 1.00 22 .70 236 1.00 12 .57 65 .63 55 .96 85 .39 95 .38 103 .46 12 .64 12 .70 14 .70 8 1.00 48 1.00 23 .79 22 1.00 29 .96 46 1.00 3 .89 92 .13 93 .69 6 1.00 8 1.00 57 .86 11 .49 11 .73 16 .70 30 .60 42 .54 7 .97 85 .41 3 .87 8 .70 149 1.00 33 .45 4 1.00 7 .70 20 1.00 37 .68 440 1.00 43 .40 8 .88 5 .70 6 .79 4 .70 18 .32 24 .74 77 .48 City of Delray Beach, Florida Program: SWLIB /SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/17/13, 9:33:32 CONDOMINIUM RATES FOR TAX YEAR 2013 Page: 2 Condominium Units ERUs Delray Beach Yacht Club 12 .53 Delray Dental Specialists 3 .70 Delray Estates 324 .55 Delray Golfview 36 .57 Delray Harbour Club 50 .71 Delray Oaks 142 .95 Delray oaks West 256 1.00 Delray Ocean villas 15 .70 Delray Park 6 1.00 Delray Place 42 .72 Delray Shores Professional 8 1.00 Delray Summit 67 .40 Domaine Delray 60 .91 Dover House 46 1.00 Downtown Lofts 7 .45 Duval Place 8 .71 Eastview of Delray Beach 3 .70 Eastview village Square 24 1.00 Eastwinds 84 .69 Eight Hundred ocean Place 8 1.00 Environment I 92 .93 Fairway 72 1.00 Fall Ridge 60 1.00 First Avenue 8 1.00 First Encounter 46 .70 Florida Blvd 3 .97 Fountain Square office of Delray 13 1.00 Georgia Street Industrial Park 3 1.00 Golfview Colony 8 1.00 Grand Bahama Professional 15 1.00 Greensward village 135 .91 Grove 28 .99 Hamilton House 23 .84 Harbour Pointe of Delray 10 .70 Harbour villas 13 .73 Harbourside I -III 175 .76 High Point 1,992 .76 Imperial Manor 12 .70 Imperial villas 199 .96 Ingraham House 4 .70 Inlet Cove 16 1.00 Inner Circle 16 .72 Intercoastal Cove 4 .70 7ardin Del Mar 38 .83 Lago Del Rey 338 .86 Lago Del Rey North Amsterdam 30 .57 Lakeside 212 .46 Lakeview Greens 128 .90 Landings of Delray Beach 64 1.00 Lanikai villas 24 .52 Latitude Delray Beach 74 .16 Lavers Delray Racquet Club 566 1.00 Ledges 3 .70 Linton Ridge 84 .39 City of Delray Beach, Florida Program: SWLIB /SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/17/13, 9:33:32 CONDOMINIUM RATES FOR TAX YEAR 2013 Page: 3 Condominium Units ERUs Linton Woods 24 1.00 Lyndon Arms 8 .64 Manor House 24 .67 Marina Bay 2 1.00 Marina Del Rey 10 .70 Mark Downtown 28 .39 Martel Arms 30 1.00 Meridian Delray 59 .44 Miramar Gardens 48 .38 Narberth /ocean Aire 14 .70 New Monmouth 17 .70 ocean City Lofts 68 .31 Ocean East 8 .85 ocean Place 29 1.00 Ocean Place -2155 30 .77 Ocean Terrace 8 .70 one Sixty Center 3 1.00 One Ten Apts 4 .70 Outrigger 25 1.00 Palm Square 8 .70 Palm Trail 22 .70 Palm villas 60 1.00 Palm villas at Delray Beach 4 .95 Park view Manor 16 .55 Patio Beach 10 .70 Pelican Pointe 56 .81 Penthouse Delray 80 .41 Pine Beach South 6 .70 Pineapple Grove Office 2 1.00 Pineapple Grove village 160 .27 Pines of Delray 685 .72 Pines of Delray North 700 .99 Pines of Delray West 287 .78 Plum 7 1.00 Professional Centre at Delray Beach 4 1.00 Ranger 10 .70 Royal Atlantic 16 .26 Sabal Pine 255 .85 Sabal Pine East 222 .93 Sabal Pine South 128 .87 Sands Terrace 14 .36 Savoy 8 .70 Seabreeze of Delray 5 .69 Seagate Manor 63 .51 Seagate Residences 28 1.00 Seagate Towers 149 .49 Seastone Apts. 10 .34 Seaway villas of Delray Beach 6 .70 Serena vista 30 1.00 Seven Seventy 17th Ave. 9 .70 Sherwood Gardens 36 .55 Sloan Hammock Land 5 .98 South Congress Commerce Center 2 1.00 South County Professional 46 1.00 City of Delray Beach, Florida Program: SWLIB /SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/17/13, 9:33:32 CONDOMINIUM RATES FOR TAX YEAR 2013 Page: 4 Condominium South ocean South Shore Club Southridge Southridge village Southwinds Spanish River Spanish Trail Spanish wells St Tropez Stor -all Sunset Pines Tahiti Cove Talbot House III Three Fifty Five Building Tierra Verde at Delray Beach Town & Country Tropic Bay 1 -17 Tropic Harbor Tropic View Twelve -O -Two Valhalla venetian Drive Townhouse venetian village Verano At Delray village at Swinton Square Villas Delray Vista Lago Wallace Drive Commerce Waterview Apts. Waterway East Waterway North Wedgewood West settlers Weston Palms white Columns Williamsburg Inn Windemere House Winston Woodbrooke 250 Congress Ave 5th Avenue At Delray Total condominium units Average ERU /unit . . . Units ERUs 10 1.00 15 1.00 37 1.00 68 .90 84 .69 81 .34 20 .59 240 .72 64 .43 12 .70 66 1.00 18 .79 4 .70 7 1.00 300 .84 148 .57 399 .61 222 .49 48 1.00 6 .58 8 1.00 4 .70 14 1.00 252 .42 100 1.00 7 .39 14 .70 13 1.00 8 .67 22 1.00 15 .92 6 .70 6 .25 4 .16 3 1.00 12 .70 30 .63 8 .78 13 .66 4 1.00 53 .34 203 Records processed 14,157 .75 -- End of Listing -- MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 16, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 12 -13 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will reduce the required stacking distance for parking lots with more than fifty (50) spaces when there are two (2) or more access points. BACKGROUND When parking lots are designed with two (2) or more access driveways, the need for fifty (50) feet of stacking is unnecessary, and waivers have typically been requested, recommended for approval, and ultimately granted by the City Commission. When requested waivers are consistently granted under the same circumstance, it is customary to evaluate the ongoing need for such relief. As such, this amendment responds to this approach consistently taken by the City, and reflects a streamlining of the development review process. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their June 17, 2013 meeting and voted 3 to 1 (Shutt dissenting) to recommend approval. RECOMMENDATION By motion, approve Ordinance No. 12 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fording that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 12 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATION ", SUBSECTION (D), "DESIGN STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE STREET SYSTEM" TO REDUCE THE STACKING DISTANCE FOR PARKING LOTS WITH TWO OR MORE ACCESS POINTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 17, 2013, and voted 3 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D) "Design Standards ", Subsection (3) "Point of Access to the Street System" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) Point of Access to the Street System: (a) Maximum Width: The point of access to a street or alley shall be a maximum of twenty -four feet (24') unless a greater width is specifically approved as a part of site and development plan approval. However, in no event shall such point of access be greater than thirty -six feet (36'). (b) Minimum Width: The point of access to a street or alley shall not be less than: * 24' for a normal two -way private street or parking lot driveway aisle. * 20' for a private driveway which has less than 200 ADT. * 12' for a one -way driveway or parking lot aisle. (c) Stacking Distance: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. (1) The minimum distance between a right -of -way and the first parking space or aisleway in a parking lot shall be as outlined in the following table: NUMBER ACCESS STREET MINIMUM OF SPACES I CLASSIFICATION STACKING DISTANCE 20 or fewer Local 5 feet 21-50 Local 20 feet 50 or fewer Non -Local 20 feet 51 or more All Streets 50 feet* * For parking lots designed and operated with two (2) or more access points, this standard may be reduced to a minimum stacking distance of twenty (20) feet, subject to a staff performance analysis. (2) Provisions must be made to provide for 100' of clear stacking from the first point of transaction for each lane of a drive -thru facility and in advance of all guardhouses or security gates. (3) Greater stacking distance may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision 2 ORD. NO. 12 -13 shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2013. ATTEST City Clerk First Readi Second Reading MAYOR 3 ORD. NO. 12 -13 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 17, 2013 AGENDA NO: VI. D. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATION ", SUBSECTION (D), "DESIGN STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE STREET SYSTEM" TO REDUCE THE STACKING DISTANCE FOR PARKING LOTS WITH TWO OR MORE ACCESS POINTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) that reduces the required stacking distance for parking lots with more than fifty (50) spaces when there are two (2) or more access points. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ANALYSIS Current regulations require parking lots to be designed with a stacking distance of 50 feet when accessed from all types of city streets for those lots that have more than fifty (50) spaces. All other situations require a minimum stacking distance of twenty (20) feet, and when lots with twenty (20) or fewer spaces are located along local roads, the standard is reduced to 5 feet. When parking lots are designed with two (2) or more access driveways, the need for fifty (50) feet of stacking is unnecessary, and waivers have typically been requested, recommended for approval, and ultimately granted by the City Commission. When requested waivers are consistently granted under the same circumstance, it is customary to evaluate the ongoing need for such relief and the added time needed to process development approvals. Further, if relief is granted on a consistent basis, modification of the requirement should be considered. As such, this amendment responds to this approach consistently taken by the City, and reflects a streamlining of the development review process. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following goal, objective and policy apply: Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment - Stacking Distance Transportation Element Objective A -6 states that [t]he City's Land Development Regulations shall continue to provide standards which insure that new development and redevelopment mitigate adverse situations and /or provide for functionally safe traffic movements. Transportation Element Policy A -6.1 states that the Land Development Regulations shall maintain consistent standards for, but not limited to, the following: ❑ Location and design of driveway access and on -site circulation; ❑ Width and location of curb cuts; ❑ Width and location of median openings; ❑ Radii of curves and criteria for locations where driveways or private streets may intersect on curves; Width and conditions of shoulders; Street lighting standards, Traffic impact analysis; Cross - access standards particularly at intersections; The amendment will continue to ensure that access and circulation are designed and function in a safe manner. With multiple access points, stacking and congestion for larger parking lots will be minimized by dispersing the traffic entering and exit such facilities. The amendment is consistent with this objective and policy. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The amendment provides for continued safe and convenient access to and from parking facilities At the same time, the need to request and receive waivers will be eliminated thereby removing an unnecessary hurdle in the development review process.. The amendment is consistent with the goals, objectives and policies of the Comprehensive Plan, and reflects a streamlining of the City's regulations. 2 Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment - Stacking Distance ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D), "Design Standards ", Subsection (3), "Point Of Access To The Street System" To Reduce The Stacking Distance For Parking Lots With Two Or More Access Points, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D), "Design Standards ", Subsection (3), "Point Of Access To The Street System" To Reduce The Stacking Distance For Parking Lots With Two Or More Access Points, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.6.9 "Off - Street Parking Regulation ", Subsection (D), "Design Standards ", Subsection (3), "Point Of Access To The Street System" To Reduce The Stacking Distance For Parking Lots With Two Or More Access Points, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 16, 2013 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 13 -13 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that provides specific criteria for warranting bus shelters and the requirement that they be shown on engineering plans. BACKGROUND Financial contributions towards or the full installation of bus shelters have consistently been required with significant development projects by the City of Delray Beach Engineering Division. While these requirements are supported by the policies of the TCEA (Transportation Concurrency Exception Area), Downtown Development Plan, as well as the Comprehensive Plan, the Land Development Regulations do not currently include specific criteria or requirements for these improvements. This amendment addresses this. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their June 17, 2013 meeting and voted 4 to 0 to recommend approval. RECOMMENDATION By motion, approve Ordinance No. 13 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fording that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 13 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3 "SUBMISSION REQUIREMENTS ", SUBSECTION (D) "PRELIMINARY ENGINEERING PLANS" AND SUBSECTION (F) "FINAL ENGINEERING PLANS" TO PROVIDE FOR BUS SHELTERS; ENACTING A NEW SECTION 6.1.14 "TRANSIT" TO PROVIDE CRITERIA ASSOCIATED WITH TRANSIT STOPS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 17, 2013, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3 "Submission Requirements ", subsection (D) "Preliminary Engineering Plans" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Preliminary Engineering Plans: (1) Preliminary Engineering Plans shall provide information and be in a format as required by Section 2.4.3(B), Standard Plan Items. (2) Said plans shall be drawn on a topographic base (unless the use of spot elevations are previously approved by the City Engineer) with topographic features extended to ten feet (10') beyond the site. All plans shall be drawn on a sheet which is 24" by 36 ". (3) Said plans shall show the approximate location as shown in records of Delray Beach and /or field observations of all existing water, sewer, and drainage facilities along with streets, sidewalks, and above ground improvements which provide service to and on the site. Notes shall state the disposition of all existing facilities including service lines, meters, etc. (4) Said plans shall show the proposed location, sizing and design basis of water, sewer, fire suppression, and drainage facilities which are to serve the site, including pertinent calculations, and the method of providing service to the proposed structures. (5) Said plans shall show the method of providing service to proposed structures. (6) Said plans shall show the location of proposed street lights and shall address the responsibility for installation. (7) Bus Shelters: sh el ter (a) Said plans for the following projects shall include a bus (i) A new residential project that has twenty five (25) or more units, (ii) A non - residential project that is greater than 10,000 square feet, (iii) A project that is adjacent to an existing or proposed transit stop. (b) When the placement of a bus shelter for a qualifying project would be located less than the standard minimum distance from an existing shelter implied and determined by Palm Tran), then the project shall contribute the full cost of the purchase and installation of a complete bus shelter. (c) New residential projects that have fewer than twenty five units, non - residential projects that are smaller than 10,000 square feet, or projects that are not located adjacent to a transit stop shall contribute fifty percent (50 %) of the cost of the purchase and installation of a complete bus shelter. ( -78) Surface water management calculation indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with SFWMD (South Florida Water Management District) ORD. NO. 13 -13 regulations. (99) Said plans may include a plan sheet which includes all proposed improvements on one plan sheet at a scale other than what is required in Section 2.4.3 (B) (1). This additional submittal is in addition to plans submitted meeting the scale requirement in Section 2.4.3 (B) (1). Section 3. That Section 2.4.3 "Submission Requirements ", subsection (F) "Final Engineering Plans" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (F) Final Engineering Plans: Final Engineering Plans are construction drawings which have been prepared by a Registered Engineer in a manner acceptable to permitting agencies- and in accordance with the latest version of the City of Delray Beach Minimum Construction Standards and Specifications. (1) Water and sewer plans must be prepared pursuant to requirements of the Department of Health and Rehabilitative Services (HRS). (2) Drainage plans must be prepared pursuant to requirements of the South Florida Water Management District. (3) Street improvement plans must be prepared pursuant to specifications as set forth by the City Engineer for local streets; and, per Palm Beach County or FDOT requirements for streets which are under the jurisdiction of those agencies. (4) Composite utility plans shall show the proposed location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage devices) and shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. Section 4. That the following new Section 6.1.14 "Transit" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be enacted as follows: Sec. 6.1.14 - TRANSIT. Bus shelters shall include a pad, an ADA- compliant boarding and alighting area, and an ADA- compliant structure which includes a mounted trash receptacle, bike rack, bench, and sufficient illumination. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 3 ORD. NO. 13 -13 Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2013. ATTEST City Clerk First Readi Second Reading MAYOR ORD. NO. 13 -13 MEETING DATE: AGENDA NO: PLANNING AND ZONING BOARD STAFF REPORT JUNE 17, 2013 VI. C. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.3 "SUBMISSION REQUIREMENTS ", SUBSECTION (D) "PRELIMINARY ENGINEERING PLANS" AND SUBSECTION (F) "FINAL ENGINEERING PLANS" TO PROVIDE FOR BUS SHELTERS; ENACTING A NEW SECTION 6.1.14 "TRANSIT" TO PROVIDE CRITERIA ASSOCIATED WITH TRANSIT STOPS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) providing specific criteria for warranting bus shelters and the requirement that they be shown on engineering plans. The Board voted to table the item at its May 20, 2013 meeting, and directed staff to investigate several questions and concerns (see background). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND Financial contributions towards or the full installation of bus shelters have consistently been required with significant development projects by the City of Delray Beach Engineering Division. While these requirements are supported by the policies of the TCEA (Transportation Concurrency Exception Area), Downtown Development Plan, as well as the Comprehensive Plan, the Land Development Regulations do not currently include specific criteria or requirements for these improvements. This amendment addresses this. At its May 20, 2013 meeting, the Board raised the following questions and concerns: If a shelter is already in place, and a new project is proposed near that existing shelter, where do you draw the line in how much each person pays? Each project would pay their full amount toward a bus shelter if one already exists. Those funds would be utilized to install shelters elsewhere in the system should one already be in place in the vicinity of the new project. Therefore, there is no pro rata share obligation. What is the minimum allowable distance between shelters? The minimum distance depends upon the location along the system. Palm Tran uses FDOT District 4 Transit Facilities Guidelines (Version 2, April 2004), Per Section A.6 Bus Stop Spacing: a) Central Business District: 300 -1,000 Feet b) Urban Areas: 500 -1,200 feet Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment -Bus Shelters c) Suburban Areas: 600 -2,500 feet d) Rural Areas: 650 -2,640 feet Would there be an account set up for the in -lieu payment? In the past, the fee has been deposited into the General Construction Fund as Developer Contribution Transit Bus Stop Shelters. Per the city Finance Department, the fee will be deposited into a deferred revenue account, but current discussions are underway on the process to accept these fees for future collections. When is the bus shelter fee paid? The fee must be paid prior to issuance of the building permit. Can we include a requirement for sufficient lighting? Provisions for sufficient lighting have been added to the pending ordinance. ANALYSIS The amendment specifies that new residential projects of 25 or greater units, non - residential developments measuring more than 10,000 square feet, or any development located adjacent to a transit stop, must include a bus shelter. Projects not meeting these development thresholds, as well as those that are not located adjacent to a transit stop, are required to contribute 50% of the cost to purchase and install a complete bus shelter. A qualifying project that would have its required shelter located less than the standard minimum distance from an existing shelter (applied and determined by Palm Tran), would be required to pay the full amount into a deferred revenue account. Such funds would be available to construct bus shelters at other locations in the public transit system. This amendment also lists the features of a bus shelter improvement that must be shown in accord with subsection 6.1.14- Transit, which include a pad, an ADA- compliant boarding and alighting area, and an ADA - compliant structure which includes a mounted trash receptacle, bike rack, bench, and sufficient lighting. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following goal, objective and policy apply: Transportation Element GOAL AREA "A" THE CITY'S TRANSPORTATION SYSTEM SHALL ACCOMMODATE FUTURE GROWTH THROUGH IMPROVEMENTS TO ITS STREET SYSTEM, INCLUDING MULTI- MODAL, PEDESTRIAN, BICYCLE AND PUBLIC TRANSPORTATION, AND ALTERNATIVES THERETO DIRECTED TOWARD ENHANCING ACCESSIBILITY, FACILITATING TRAFFIC FLOW THROUGH REAL TIME TRAFFIC MONITORING AND TRAFFIC DEMAND MANAGEMENT INITIATIVES, AND DOING SO IN A CONVENIENT, SAFE, AND EFFICIENT MANNER. 2 Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment -Bus Shelters Objective A -1 Alternatives to use of the automobile through the provision of a safe, convenient and energy efficient integrated multimodal transportation system shall be made available to Delray Beach residents and visitors through the following policies: Policy A -1.5 New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city - approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. This amendment implements the comprehensive plan goal to accommodate future growth by improving the street system by improving access to public transportation. The amendment promotes the specific language identified under Policy A -1.5. The amendment also implements requirements of our TCEA (Transportation Concurrency Exception Area) designation which centers around providing and promoting transportation options other than single occupant vehicles. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The amendment provides specific warrants to determine which developments must either contribute toward or provide for bus shelters. The amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.3 "Submission Requirements ", Subsection (D) "Preliminary Engineering Plans" and Subsection (F) "Final Engineering Plans ", and enacting a new Section 6.1.14 "Transit" to Provide Criteria Associated with Transit Stops, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.4.3 "Submission Requirements ", Subsection (D) "Preliminary Engineering Plans" and Subsection (F) "Final Engineering Plans ", and enacting a new Section 6.1.14 "Transit" to Provide Criteria Associated with Transit Stops, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). 3 Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment -Bus Shelters RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.4.3 "Submission Requirements ", Subsection (D) "Preliminary Engineering Plans" and Subsection (F) "Final Engineering Plans ", and enacting a new Section 6.1.14 "Transit" to Provide Criteria Associated with Transit Stops, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 18, 2013 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 14 -13 ITEM BEFORE COMMISSION The attached Ordinance 14 -13 is amending Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". BACKGROUND This ordinance is before the Commission for discussion of proposed revisions to the following sections of Chapter 99 "Noise Control ": 1. Section 99.02 "Definitions" This section has been updated to add the definition "aircraft" to mean self - propelled air vehicles including powered paragliders. This section has also been updated to remove the definitions "Commercial area" and "Industrial area" because the chapter does not contain any express regulations governing these areas. The definition of "offense" has been moved to Section 99.08 "Penalty" (see below). Finally, the definition for "Violator" has been revised to add "law enforcement officer" as a person who has the authority to cite a violator of Chapter 99 "Noise Control ". 2. Section 99.03 "Loud and Unnecessary Noises Prohibited" o Subsection(A)(1): "Radios, televisions, musical instruments, loudspeakers, etc" This section has been updated to reflect feedback from residents and business owners. Under the proposed revision, sound from radios, televisions, musical instruments, loudspeakers, and similar devices at any time that is unreasonable, excessive or unnecessary shall be a violation. A stricter "plainly audible" standard has been added for the following times and areas: ■ For all areas of the City: Sound that is plainly audible 100 feet away after 11 p.m. shall be a violation. Alternatively, sound after 11 p.m. that an officer believes to be excessive and unnecessary shall be a violation. • For businesses in the downtown core area: Sound that is plainly audible 100 feet away after midnight on Friday and Saturday night only shall be a violation. Sound that is plainly audible 100 feet away after 11 p.m. on all other nights shall be a violation. Alternatively, sound at any time that an officer believes to be excessive and unnecessary shall be a violation. • The downtown core has been defined as the area between NE 2nd Street and SE 2nd Street between Swinton Avenue and Northbound Federal Highway. o Subsection (A)(4) "Construction" This section has been revised so as to prohibit unreasonable or excessive vibration caused by commercial construction activities. o Subsection (A)(8) "Vibration" This section has been revised to indicate that vibration that is "unreasonable" will be a violation. This change was made to make the standard for vibration consistent with the standard for noise. o Subsection (A) (15) "Operation of aircraft; mu f ers " This section has been added to indicate that the use of aircraft, as defined in this chapter, over the corporate limits of the City without a muffler that is adequate to prevent excessive and unreasonable noise will be a violation. 3. Section 99.04 "Exemptions ", Subsection (C) This section has been revised to remove the option to obtain a temporary emergency exception. This change is intended to streamline the temporary permit procedures available to the City Manager. 4. Section 99.05 "Temporary permits ", Subsection (A) "Requirements and Procedures" This section has been revised to expressly provide for special events that take place on public property and for temporary events that take place on private property. Under the present Noise ordinance, the City Manager has the authority to issue permits for these kinds of events. Under the proposed revision, the availability of permits for these events is expressly stated. 5. Section 99.06 "Notice of Violation" This section has been deleted in its entirety. The process to address violations of the Noise ordinance is now fully described in Section 99.08 "Penalty ". 6. Section 99.07 "Abatement Orders" This section has been deleted in its entirety. Section 99.08 "Penalty" now directs readers to Chapter 37, which describes abatement procedures in detail. 7. Section 99.08 "Penalty" _ This section has been revised to indicate that there are two procedures available to enforce the Noise ordinance. Subsection (A) describes the process for a civil citation. Subsection (B) describes the process for a notice of violation. The maximum fine allowed for a repeat violation under a civil citation is $500. In contrast, the maximum fine allowed for a repeat violation under a notice of violation is $5000 upon a finding of guilt by the code enforcement board. The procedure described in Subsection (B) is available to address violators who have had excessive repeat violations within a calendar year. Subsection (B) has been revised to allow the City to impose conditions on a repeat violator's business tax receipt that limit the violator's ability to produce live or amplified sound in that area of the premises that caused the violations. In addition, the maximum fine for a second violation under a notice of violation in this subsection has been changed to $500 to be consistent with the maximum fine allowed for a second violation under a civil citation. RECOMMENDATION The City Attorney's office recommends City Commission approval. ORDINANCE NO. 14 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.02, "DEFINITIONS" TO ADD THE DEFINITION "AIRCRAFT" AND REMOVE DEFINITIONS "COMMERCIAL AREA ", "INDUSTRIAL AREA" AND "OFFENSE "; AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME, TO AMEND DISTANCE AND TIME REQUIREMENTS, AND TO ADD PROVISION FOR AIRCRAFT; AMENDING SECTION 99.04 "EXEMPTIONS" TO CLARIFY SAME; AMENDING SECTION 99.05 "TEMPORARY PERMITS" TO CLARIFY SAME; REPEALING SECTION 99.06 "NOTICE OF VIOLATION "; REPEALING SECTION 99.07 "ABATEMENT ORDERS "; AND AMENDING SECTION 99.08 "PENALTY" TO CLARIFY SAME AND TO ADD PENALTIES; AND PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, excessive sound is a serious hazard to public health, welfare, safety and quality of life; and, WHEREAS, people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade their quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such unreasonably excessive sound as would jeopardize the health, welfare or safety of its citizens or degrade their quality of life; and, WHEREAS, the City of Delray Beach has the authority to prohibit sounds that are unreasonably loud, excessive, or unnecessary or plainly audible at a certain distance. ,See DA Mortgage, Inc. v. City ofMiami Beach, 486 F.3d 1254, 1272 (11th Cir. 2007). WHEREAS, the City Commission of the City of Delray Beach desires to protect residents and visitors of the city from unreasonably loud and excessive sound at all times, and to provide stricter enforcement standards after 11:00 p.m.; and, WHEREAS, the Citv Commission of the City of Delray Beach desires to provide stricter enforcement standards after midnight (12:00 a.m.) for noise emanating from businesses in the downtown core. WHEREAS, the City Commission of the City of Delray Beach desires to impose business tax receipt conditions on business owners who are adjudicated guilty of five or more violations of Chapter 99. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 99.02 "Definitions" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.02. - DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aircraft, An): self-propelled motor vehicle or contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, including but not limited to powered paragliders. Amplification device. Any instrument, machine, or system, which by electronic means augments sound by increasing the sound level or volume. Amplified sound. Sound augmented by any electronic means that increases the sound level or volume. 1 19 0- 0-1 0- N ORD. NO. 14 -13 One day. A 24 -hour period from noon to noon. Premises. Any real property or parcel of land, including the buildings, structures or other improvements thereon. Residential area. For purposes of this chapter only, residential area shall include the following zoning districts: (1) R -1 -AAA; (2) R -1- AAA -B; (3) R -1 -AA; (4) R- 1 -AA -B; (5) R -1 -A; (6) R- 1 -A -B; (7) RM; (8) RR; (9) A; (10) PRD; (11) MH; (12) RL; (13) Community Facilities (CF); (14) Open Space (OS); (15) Open Space &amp; Recreation (OSR); and (16) Conservation District (CD). Structure. A building of any kind, either temporary or permanent, which has a roof over it. Violator. A person or entity determined or cited by a code inspector or a law enforcement officer as being in violation of the provisions of this article. Section 3. That Section 99.03 "Loud And Unnecessary Noises Prohibited" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED. It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, or unnecessary noise. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this Chapter: ORD. NO. 14 -13 (1) Radios, televisions, musical instruments, loudspeakers, etc: Using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, loudspeaker, public address system, sound truck or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. (a) The operation of any such set, instrument, machine or device between the hours of 11:00 pm and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property surrounding the device or the building, structure, or vehicle in which the device is located, except as set forth in Section 99.03(A)(I)(a)(i), shall be prima facie evidence of a violation of this section. (i) For buildings or structures used for commercial purposes in the shaded area designated in the map below, operation of any such set, instrument, machine or device between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of midnight (12:00 a.m.) and 7:00 a.m. on Friday and Saturday in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property in which the device is located shall be prima facie evidence of a violation of this section. ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompan):ing illustration. ORD. NO. 14 -13 NE 2nd Street v Q v v Atlantic Avenue o v Q O LL ✓� O O Z SE 2nd Street ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompan):ing illustration. ORD. NO. 14 -13 , r 4 Props y Line � � Sound � � 1Qp` 10a' Source r A Pro6erty Linem o a -- - -- - - - -- , -- - -- - - - -- - - - -- -- - MM (b) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. (2) Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos. (3) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar ORD. NO. 14 -13 objects in a manner as to cause an unreasonably loud or excessive sound. (4) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work in such a manner as to create an unreasonably loud or excessive sound or vibration. (a) The provisions of subsection (A) (4) of this Section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor prohibit the use of any temporary pumps or machinery which are required to be operated twenty -four (24) hours a day in conjunction with construction work. Subsection (A) (4) shall also not apply to emergency work for public utilities or where there is an exemption pursuant to Section 99.04 or where a temporary permit has been issued pursuant to Section 99.05. (b) The provisions of subsection (A) (4) shall not apply to the use of domestic power tools subject to subsection (A)(12)of this Section. (5) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an unreasonably loud or excessive sound. (6) Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 a.m. (7) Stationag Mechanical Noise Source. Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to division (A) (4) (a) of this Section), motors, fans, compressors, powered tools or similar devices, air conditioning or air - handling systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when measured at any point on neighboring property line. (8) Vibration. Operating or permitting the operation of any device on a property, including bass emanating from audio speakers, so as to produce vibration that is unreasonable. (9) Stationary Nonemergency Signaling Derices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision. (10) Emergency Signaling Derices. (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or ORD. NO. 14 -13 similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (A) (10) (b) of this Section. (b) (1) Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall the test time exceed sixty (60) seconds and five (5) minutes for emergency generators. (2) Testing of the complete emergency signaling system, including the functioning of the emergency signaling device and the personnel response to the emergency signaling device shall not occur more than once in each calendar month. This testing shall not occur before 7:00 a.m. or after 7:00 p.m. The time limit for the test time specified in subsection (A) (10) (b) (1) shall not apply to the complete system testing. (c) The sounding or permitting the sounding of any exterior burglar or fire alarm shall comply with the provisions of Chapter 112. (11) Motor Vehicles Operating on a Public Kz,&- of -Vay. Motor vehicles on a Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended. (12) Domestic Pourer Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar device used in residential areas between the hours of 8 p.m and 7 a.m. (13) Schools, Courts, Hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (14) Tampering. The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement, of any noise control device or element of design of any product having those devices. (15) Weration of aircraft; mu ers. Operating an aircraft over the corporate limits of the City p y that is not equped with an adequate muffler ordinary for an): such aircraft. Said muffler must be used in constant operation so as to prevent and excessive or unnecessary noise. Section 4. That Section 99.04 "Exemptions" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ORD. NO. 14 -13 Sec. 99.04. - EXEMPTIONS. The provisions of this Chapter shall not apply to: (A) Radios, sirens, horns and bells and other sounds created by police, fire and other emergency response vehicles; (B) Parades, fireworks displays, and other activities for which a permit has been obtained from the City Manager or his /her designee pursuant to Section 99.05, within such hours and in accordance with such restrictions as may be imposed as conditions for the issuance of the permit; or (C) The emission of sound in the performance of an activity for which, pursuant to this Chapter, the City Manager has expressly given a , temporary permit pursuant to Section 99.05. (D) Noises resulting from emergency work, including but not limited to the use of generators or other equipment by communications and public utility companies in connection with a commercial power outage and /or restoration of service operations and the use of emergency generators due to loss of power other than non - payment of utility services. The testing of emergency generators shall not occur before 7:00 a.m. or after 7:00 p.m. and shall not occur more than once in each week. Section 5. That Section 99.05 "Temporary Permits" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.05. - TEMPORARY PERMITS. (A) Requirements and procedures. The City Manager or his or her designee is authorized to issue a temporary permit to allow noise when produced by a temporary use or activity as provided in this section. The City Manager may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted under this awe section shall contain all conditions upon which the permit has been granted, including the decibel limit and the period of time for which the permit has been granted. Such relief may be granted in the following situations: (1) Special events. When an applicant is ais apnl, i�ng fora Special Use permit, a temporary permit to allow noise mU be granted at the same time. A special event is a non - routine happening or social activi , bringing people together in a defined area on City facilities, right of wad, or private property which requires City services to ensure safety and coordination. Special events include, but are not limited to, activities such as festivals, concerts,, _sporting events, parades, walks and runs, etc. (2) Temporary events. When an applicant plans to engage in tempora uses or activities on private property which do not significantly endanger the health, safet,v or welfare of the community, but which may be in technical violation of the requirements of this Chapter, a tempora!:� permit may be issued to permit noise produced by the event. Temporary events include, but are not limited to, store ORD. NO. 14 -13 openings. outdoor markets, carnivals. etc. (347) Code compliance in progress. When an applicant is utilizing best efforts to comply with the noise restrictions in this Chapter, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant, such permits may be granted for a period of time not to exceed ten (10) consecutive days. (4-2) Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with Section 99.03, notwithstanding that all equipment is operated in accordance with manufacturer's specifications, is in good repair and utilizes all noise baffling methods as specified by the manufacturer. (a) The City Manager may authorize any necessary construction activities to occur earlier and /or later than normally allowed based upon a finding that: 1. There are no reasonable alternatives; 2. There are no prior code violation adjudications or fines and no pending construction noise violation cases against the property owner, contractor, or the construction site; and 3. There is a significant community need, public purpose or benefit. (b) The work authorized by the City Manager may be conditioned upon reasonable notice to surrounding property owners and tenants. Permits issued pursuant to such authorization shall not exceed seven (7) consecutive days. (c) Notwithstanding the provisions 4-2 (a) and (b), temporary permits shall be subject to authorization by the building official under emergency circumstances or when the building official determines that for reasons of technical necessity work earlier or later than the time frames normally allowed or on any day (including Sundays or national holidays) is required. The work authorized by the building official pursuant to this subsection shall be conditioned upon reasonable notice to surrounding property owners and tenants. (B) Violation of temporary permit. Failure to comply with any condition of a temporary permit issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and penalties as set forth in Section 99.08. (C) Revocation of temporary permits. Any temporary permit may be immediately revoked if the City Manager finds that an emergency condition exists involving serious ORD. NO. 14 -13 danger to the public health, safety, or welfare; if the permit holder failed to disclose or misrepresented material information in the permit application or in the permit application process; or that there was a failure to comply with any condition of a particular temporary permit. (D) The issuance of a temporary permit is a privilege and does not constitute a right or expectation that said permit will remain in effect. Any permits issued pursuant to this section shall not constitute or be deemed precedent for the granting of any future permits. (E) Appeals. Appeals of the decision of the City Manager or his /her designee shall be made to the City Commission by submitting the appeal in writing to the City Clerk within ten (10) days of the denial. Decisions of the City Commission shall be final subject to appeal of such decision within thirty (30) days to the Circuit Court of Palm Beach County. Section 6. That Section 99.06 "Notice of Violation" of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed it in its entirety: Section 7. That Section 99.07 "Abatement Orders" of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed it in its entirety: - - - - - - -- - - - -- -- - - -- - - - - -- - I oil MIMI M-1,10 - - -- - - - -- - - All, rIMM MI Section 8. That Section 99.08 "Penalty" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.08. — NOTICE OF VIOLATION /PENALTY. (A) ftf+i.�A code enforcement officer or a law enforcement officer may issue a civil citation for a violation of this Chapter pursuant to the procedures and amounts listed in Section 37.45 of this Citv's Code of Ordinances. Each violation shall constitute a separate instance ORD. NO. 14 -13 for which a separate fine may be imposed. A person may receive a separate notice of violation once every hour if a violation has occurred at any time within that period. A violation shall be deemed to have occurred on the date that the noise incident occurred. A violation occurring twelve (12) months after the last violation shall be treated as a first violation for purposes of incurring new fines and penalties. (L3) A code enforcement officer or law enforcement officer may issue a notice of violation of this Chapter and initiate enforcement proceedings to be heard by the code enforcement board pursuant to the procedures listed in Section 37.36 of this Citv's Code of Ordinances and in accordance with the amounts listed below: (1) If the offense is the first offense to come before the code enforcement board, a maximum fine of $250.00 may be imposed upon a finding of guilt by the code enforcement board. (2) If the offense is the second offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $500.00 may be imposed upon a finding of guilt by the code enforcement board. (3) If the offense is the seeend third offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $1000.00 may be imposed upon a finding of guilt by the code enforcement board. (43) If the offense is the thifd fourth offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $3000.00 may be imposed upon a finding of guilt by the code enforcement board. (54) If the offense is more than the thifd fourth offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $5000.00 may be imposed upon a finding of guilt by the code enforcement board. In addition, business tax receipt conditions may be imposed limiting the ability to produce any live or amplified sound at that portion of the premises that caused the violations pursuant to Section 110.17 of this City's Code of Ordinances. CM (6) For the purposes of this section, "offense" shall mean a finding of violation by the Code Enforcement Board. F'ffe - e)'fffie)ft shffl ee)ftsf:+ttfe ff set3ff°ff`e e)cc. fts-e An offense shall be deemed to have occurred on the date the violation occurred. An offense occurring twelve 12� months after the last offense shall be treated as a first offense for purposes of incurring new fines and penalties. (C) This Chapter shall be enforced using procedures set forth in this Chapter, ceefie) ^ Chapter 37-&r -c nn nn of the City's Code of Ordinances, or by any other means available to the City. ORD. NO. 14 -13 Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 11. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 12013. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 14 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 18, 2013 SUBJECT: AGENDA ITEM 11.D. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 16 -13 ITEM BEFORE COMMISSION The attached Ordinance 16 -13 is amending Chapter 110 "Local Business Taxes Generally" by enacting Section 110.17 "Conditions; Notification; Hearing ". BACKGROUND This ordinance is before Commission for approval to enact Section 110.17 "Conditions; Notification; Hearing" to allow the City to impose conditions on a business tax receipt for repeated noise violations to comport with changes to Chapter 99 "Noise Control" as described in proposed Ordinance 14 -13. The Section provides for a notice requirement and a procedure for a hearing before the City Manager, with the City Manager's decision to impose conditions to be the final administrative action of the City. RECOMMENDATION The City Attorney's office recommends City Commission approval. ORDINANCE 16 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 110.17 "CONDITIONS; NOTIFICATION; HEARING" TO ALLOW THE CITY TO IMPOSE CONDITIONS ON A BUSINESS TAX RECEIPT FOR REPEATED NOISE VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has determined that excessive sound is a serious hazard to public health, welfare, safety and the quality of life; and, WHEREAS, people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade their quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such unreasonably excessive sound as would jeopardize the health, welfare or safety of its citizens or degrade their quality of life; and, WHEREAS, the City Commission wishes to impose conditions on business tax receipts that limit live music or amplified sound for business owners that are repeatedly found guilty of violating the City's noise ordinance in certain limited circumstances; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 110 "Local Business Taxes Generally" shall be amended by enacting Section 110.17 "Conditions; Notification; Hearing ", as follows: Sec. 110.17 — Conditions, Notification; Hearing In the event that the business tax receipt taxee or his or her agent has been found guilt,L,T the code enforcement board of five or more violations of Chapter 99 of this City's Code of Ordinances within the preceding 12 months, the Ci , Manager or his or her designee ma,: impose conditions on the business tax receipt that limit the business' abilit,T� produce any live or amplified sound on that part of the premises that caused the violations pursuant to Section 99.08 of this Citv's Code of Ordinances. Upon notice that the taxee or his or her agent has been found guilty of five or more violations of Chapter 99 as above, the Ci , may initiate the following procedure: ai The City shall issue an order in writing to the taxee, by certified mail or hand deliver, notif i him to appear at an administrative hearing before the Ci , Manager or his designee to be held at a time and place to be fixed on such an order, which date shall be not less than ten (10) days after service thereof. b The Ci , Manager or his designee shall conduct the hearing at the time and place specified in the notice and make .a determination pertaining to the disposition of the business tax receipt in question. The proceedings shall be informal but shall afford the taxee the right to testify in his own defense, present witnesses, be represented by legal counsel, submit relevant evidence, cross examine witnesses and obect to evidence. (c) The proceedings shall be recorded and minutes kept by the City. Any taxee requiring verbatim minutes for judicial review may arrange for the services of a court reporter at his own expense. (d) Within ten days of the close of the hearing, the Ci , Manager or his designee shall render his decision in writing determining whether or not conditions shall be imposed on the tax receipt and stating his reasons and findings of fact. (e) The Ci Manager or his or her designee shall file his findings with the city clerk and shall send a true and correct copy of his order by certified mail, return receipt requested, or by hand deliver, to the business address listed on the business tax receipt or to any such other address as the taxee or applicant shall designate in writing, (fl The findings of the Ci , Manager or his designee shall constitute the final administrative action of the City for the purposes of judicial review under state law. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its passage on second and final reading. 2 ORD. NO. 16 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 16 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 18, 2013 SUBJECT: AGENDA ITEM ILE. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 15 -13 ITEM BEFORE COMMISSION The attached Ordinance 15 -13 is amending Chapter 101 "Municipal Parks, Beaches, and Other Recreational Sites ", Section 101.24 "Traffic Regulations ". BACKGROUND This ordinance is before Commission for approval to update Section 101.24 "Traffic Regulations ", Subsection B to increase the altitude requirements for certain aircraft that are operated over the City, with exceptions for emergencies and for taking off and landing. In addition, Subsection B has been updated to specify the altitude requirements for certain aircraft that are operated over the Atlantic Ocean near the shoreline. RECOMMENDATION The City Attorney's office recommends City Commission approval. ORDINANCE 15 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACHES AND OTHER RECREATIONAL SITES ", SECTION 101.24, "TRAFFIC REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO INCREASE THE ALTITUDE RESTRICTIONS FOR CERTAIN AIRCRAFT FLYING OVER THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida desires to protect and enhance the public safety of the municipal beach; and, WHEREAS, City Commission of the City of Delray Beach, Florida desires to increase the altitude requirements for certain aircraft that are operated over the city, and to create exceptions for emergencies and for taking off and landing. WHEREAS, the City Commission of the City of Delray Beach, Florida desires to specify the altitude requirements for certain aircraft that are operated over the Atlantic Ocean near the shoreline. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 101 "Municipal Parks, Beaches And Other Recreational Sites ", Section 101.24 "Traffic Regulations" of the Code of Ordinances of the City of Delray Beach, Florida, be and is hereby amended to read as follows: Sec. 101.24. -TRAFFIC REGULATIONS. (A) No person shall drive, propel or cause to be driven or propelled along or over any road within any park, any vehicle at a greater rate of speed than posted, and in any event, not more than twenty -five (25) miles per hour. (B) No person shall use, operate or propel or cause to be used, operated, or propelled a hang glider, power glider, powered paraglider, parachutes, motorized parasail or any other similar craft that flies overhead except for hot air balloons, airplanes, jets and /or helicopters e) r wifhi _ at the following altitudes: (1) Less than five hundred (500) feet above the corporate limits of the City, except in an emergency or while taking off and landing which shall be made in the most direct and prudent manner. (2) Less than three hundred (300) feet above the Atlantic Ocean in the area within 300 horizontal feet of the shoreline. (C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon or other vehicle within a park, recreation or municipal beach site except in places designated for such purposes. (D) Laws of the City requiring lights on vehicles shall apply to vehicles in a park, recreation or municipal beach site. (E) Vehicles shall be restricted to drives, roadways, paths, walks and trails established for such purposes. Footpaths or walks designated for pedestrian travel shall not be used for vehicular travel. (F) No motor vehicles shall be driven upon the municipal beach without a written permit from the Parks and Recreation Department except for emergency vehicles, maintenance vehicles, and vehicles used to transport injured and disabled persons authorized by the City. (G) All ordinances of the City with respect to vehicles shall be in full force and effect in the parks of said City. (I� No person shall ride any horse or other animal within any park and recreation site, except upon bridle paths designated as such. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 ORD. NO. 15 -13 Section 5. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 15 -13