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08-06-13 Regular Meeting
City of Delray Beach Regular Commission Meeting Tuesday, August 6, 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 9, 2013 —Regular Meeting B. July 16, 2013 - Special/Workshop Meeting 5. PRESENTATIONS: A. Florida Association of City Clerks (FACC) President — Lori McWilliams presentation to City Clerk, Chevelle D. Nubin B. Recognizing Delegates from Moshi, Tanzania C. FY 2014 Proposed Budget Presentation 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of July 18, 2013. B. FINAL BOUNDARY PLAT APPROVAUDELRAY PLACE: Approve the final boundary plat for a new commercial shopping center being platted as Delray Place located at the southeast corner of Linton Boulevard and South Federal Highway. C. ACCEPTANCE OF WATER EASEMENT DEED /420 SOUTH CONGRESS AVENUE: Approve acceptance of a water easement deed for the installation of a new water and fire service line for the property located at 420 South Congress Avenue. D. HOLD HARMLESS AGREEMENT /425 N. E. 8 TH AVENUE: Approve a Hold Harmless Agreement with Susan and David Pesso to install a fence and landscaping for the property located at 425 N.E. 8th Avenue. E. REQUEST FOR SIDEWALK DEFERRAL /961 JASMINE DRIVE: Approve a request to defer the installation of a sidewalk in front of 961 Jasmine Drive. F. REOUEST FOR SIDEWALK DEFERRAL /923 SEAGATE DRIVE: A request to defer the installation of a sidewalk adjacent to the right-of-way along Seagate Drive for a proposed single family residence at 923 Seagate Drive within the Seagate Beach Overlay District. G. REQUEST FOR SIDEWALK DEFERRAL /344 NORTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk along Seaspray Avenue located at 344 North Ocean Boulevard within the North Beach Overlay District. H. REQUEST FOR A SIDEWALK DEFERRAL /1110 BAUHINIA ROAD: Approve a request to defer the installation of a sidewalk adjacent to the right -of -way along Bauhinia Road for a proposed single family residence located at 1110 Bauhinia within the Seagate Beach Overlay District. L REQUEST FOR SIDEWALK DEFERRALS /1101 SEASPRAY AVENUE: Approve a request to defer the installation of two (2) sidewalks along Seaspray Avenue and Beach Drive for 1101 Seaspray Avenue within the North Beach Overlay District. J. 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). K. RESOLUTION NO. 16 -13: Approve Resolution No. 16 -13; amending Resolutions 05- 11, 55 -09, 58 -09, 23 -08, and 63 -07, which established and clarified the responsibilities of the Financial Review Board and its member requirements, in order to dissolve the board. L. SPECIAL EVENT REOUEST/ TWILIGHT BICYCLE RACE AND FESTIVAL: Approve a special event request for the Delray Beach Twilight Bich Race, sponsored by RAC Event Productions to be held on March 22, 2014 from 8:00 a.m. to 10:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of the bike race route noted in the staff report from approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 22, 2014 and use of Worthing Park; and authorize staff support for traffic control and security, EMS assistance, fire inspection services, and event signage; contingent upon the conditions of approval listed in the staff report. The event sponsor is responsible for 100% of applicable City costs, plus 5% administrative fee for an estimated total of $15,475.00. M. PROCLAMATIONS: 1. Fire Fighter Appreciation Month — AujZust 2013 2. Florida Water Professionals Week — August 12 -16, 2013 N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 22, 2013 throuMh AuMust 2, 2013. O. AWARD OF BIDS AND CONTRACTS: 1. Bid award to ECO Engineering Service, LLC., the sole source, in the amount of $110,660.00 to install Flex -Pave tree grate material in 182 tree bases on Atlantic Avenue from A -1 -A to N.W. /S.W. 121h- Avenue and on Pineapple Grove. Funding will be provided by the Community Redevelopment Agency. 2. Purchase award to HD Supply Waterworks in the amount of $45,921.55 for water main materials to be installed by the City's in -house construction crew for the North Lake Ida Area Water Main Project. Funding is available from 442- 5178 -536 -68.64 (Water & Sewer Renewal & Replacement Fund: Improvements Other/North Lake Ida Area Water Main). 3. Purchase award to Hall -Mark Fire Equipment in the amount of $278,009.00 for one (1) replacement Rescue Ambulance. Funding is available 501 - 3312 -591 -64.25 (Garage Fund: Machinery/Equipment /Heavy Equipment). 4. Purchase award to CDW -G in the amount of $17,556.00 for seven (7) business rugged laptops with docking stations and wireless access. Funding is available from 001 - 2115 -521 -64.11 (General Fund: Machinery /Equipment /Computer Equipment). REGULAR AGENDA: A. CONDITIONAL USE REQUESTS /UPTOWN DELRAY: Consider conditional use requests to Land Development Regulations (LDR) Section 4.3.4(J), "Increases to Height Regulations ", to allow an increase in the building height in excess of 48 feet (60 feet proposed)and Section 4.4.13(I), "Increase in Density ", to increase the density in excess of 30 residential units per acre (,69.52 units per acre proposed) a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 146 residential apartment units and 7,854 square feet of retail /office space in a 6 -story building and 6 -level structured parking garage for Uptown Delray, located on the north side of S.E. 211d Street between S.E. 4th Avenue and S.E. 5th Avenue. (Quasi- Judicial Hearing) (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO THE OCTOBER 1 S, 2013 REGULAR MEETING) B. OPINION REGARDING THE ABILITY TO AMEND THE BEACH CABANA CONTRACTS C. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REO UEST/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 familv home subdivision for Dell Grove. located at the southeast corner of N.E. 2R-d- Avenue and N.E. 12th Street. (Quasi- Judicial Hearin D. CONDITIONAL USE REOUEST /SOUTHGATE MOTEL: Consider a conditional use request associated with demolition of the existing one - story, ten (10) room motel and construction of a new two - story, twenty -eight (28) room motel with a swimming pool, bath house and associated landscaping and parking lot upgrades located at 1600 North Federal Highway. (Quasi- Judicial Hearing) E. WAIVER REQUEST /CHASE BANK: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.4.12(F)(2), "Planned Commercial District ", which requires a minimum floor area of 6,000 square feet associated with a Class V site plan for the Chase Bank project located on an outparcel of the Harbor Plaza at the northeast corner of Federal Highway and Linton Boulevard. (Quasi - Judicial Hearing) F. WAIVER REQUEST /EL CAMINO RESTAURANT: Request approval of a waiver to Land Development Regulations (LDR) Section 4.4.13(F)(1)(a), "Minimum Height ", to allow a twenty -three foot (23') high existing building where a minimum of twenty -five foot (25') hei!ht is reuuired in the Central Business District (CBD) Zoning District for El Camino Restaurant located at 15 N.E. 2R-d- Avenue. (Quasi- Judicial Hearin G. BID AWARD/ H & H CARPET OF PALM BEACH COUNTY, INC.: Consider approval of a bid award to H & H Carpet of Palm Beach County, Inc., the second lowest bidder, in the amount of $42,239.00 to replace tile in the Golf Course lobby and carpeting in the main dining room, offices, bar area, pro shop, and the Louie Suggs conference rooms. Funding is available from 445- 4761 -572 -46.10 (Delray Beach Municipal Golf Course: Repair & Maintenance Services /Building Maintenance). H. BID PROTEST /ALCALDE & FAY: Consider a bid protest filed by Alcalde & Fay regarding professional federal lobbying services; Request for Proposal (RFP) No. 2013 -46. L CONSULTANT AGREEMENT FOR SPERRY VAN NESS /DAVID WILK: Consider approval of a consultant agreement with Sperry Van Ness /David Wilk for Phase III, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor. Funding is available from 001 - 1212 -559 -48.71 (General Fund: Promotional Activities /Marketing). J. DESIGNATION OF VOTING DELEGATE: Designate the City's voting dele $zate to the Florida League of Cities' 87th Annual Conference to be held at World Center Marriott in Orlando, Florida on August 15 -17, 2013. K. APPOINTMENT OF VICE CHAIRPERSON TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Recommend appointment of a Vice Chairperson to the Community Redevelopment Agency (CRA) Board. L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Mayor Glickstein (Seat #5). M. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board to serve two (2) year terms ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) and Commissioner Gray (Seat #4). 10. PUBLIC HEARINGS: A. 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. (THIS ITEM WAS APPROVED AT THE JULY 25, 2013 CITY COMMISSION MEETING, BUT WAS INADVERTENTLY ADVERTISED TO BE HEARD FOR A SECOND MEETING <AUGUST 6, 2013 >. THIS ITEM HAS ALREADY BEEN VOTED UPON AND WILL NOT BE HEARD AGAIN). 11. FIRST READINGS: A. ORDINANCE NO. 17 -13: Consider amending Chapter 32 "Departments, Boards and Commissions ", of the Code of Ordinances, by amending Section 32.08(E), "Length of Terms; Restrictions ", for the purpose of removing reference to the Neighborhood Advisory Council; repealing Sections 32.45, "Establishment "; 32.46, "Composition; Appointment; Terms "; 32.47, "Organization "; 32.48, "Qualifications of Members ", 32.49, "Duties and Responsibilities ", 32.50, "Meetings ", in their entirety. If passed, a public hearing will be held on August 20, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JULY 9, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, July 9, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Paula Hayward, Board Member of the Delray Beach Interfaith Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Petrolia moved to approve the Minutes of the Workshop Meeting of June 11, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of June 18, 2013, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: S.A. Recognizing the Reverend Canon William H. Stokes for his dedicated service to the City of Delray Beach 07/09/13 Mayor Glickstein read and presented a proclamation hereby extending heartfelt thanks and appreciation to the Reverend Canon William H. "Chips" Stokes and applauds his longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach. Reverend Canon William H. "Chip" Stokes came forward to accept the proclamation and gave a few brief comments. S.B. Police and Fire Retirement Plan Presentation - Lewis Longman & Walker, P.A. Mayor Glickstein stated this is not to debate pension reform but the focus of tonight's presentation is intended for public disclosure regarding the financial condition of the Police and Fire Pension Fund. James W. Linn, Lewis Longman & Walker, P.A., Pension Counsel, gave a brief overview of the City's Police and Fire Pension Plan and identified possible options for lowering the cost of the Plan. Mr. Linn stated the City of Delray Beach has a defined benefit pension plan for its Police Officers and Firefighters and is typical among Florida cities and the kinds of problems that are facing the City's pension plan are not unique to the City of Delray Beach. He stated these defined benefit plans mean that employees earn a benefit based on their years of service and by State law the City is responsible for ensuring that the Plan is funded on a sound actuarial basis. Mr. Linn stated the market collapsed in 2008/2009 and made the problems come to the forefront in these defined benefit plans and these plans have ended up costing more than anyone ever thought that they would. The City's contribution to the Police and Fire Pension Plan for last year (FY 2011 -12) is $7.41 million (35.2% of payroll); this year that cost went up to $8.2 million (49.3% of payroll) and next year the actuarial report shows that the City's contribution is going up another $1.51 million to $9.71 million (57.6% of payroll). Mr. Linn stated over the last 7 years the City's contributions to the plan have increased almost 90% and the average cost that the City is bearing for each active Police Officer and Firefighter is approximately $35,000. Mr. Linn briefly reviewed the amortization payment of the unfunded liability is driving the cost of this plan; the normal cost $4.6 million and the cost to amortize the unfunded liabilities is more than the normal cost at $5.0 million and this is what is driving the increases in pension costs. Mr. Linn stated the current unfunded liability for the Police and Fire Pension Plan is almost $93 million. The normal retirement age in the Delray Pension Plan is 55 with 10 years of service or 20 years of service regardless of age. Mr. Linn made reference to page 17 and gave a brief overview of the FSU Collins Institute Report — November 2011 and stated the numbers are based on the most recent actuarial report as of October 2012. He stated the Delray Beach Police and Fire Pension Plan would be categorized as "F" with a funded percentage of under 60% which means there were 57% of assets available to fund the current liabilities. Mr. Frankel stated on page 10 of the report it lists the projected unfunded and accrued liability about $92.8 million and asked if that number starts to go down. Mr. Linn stated that number is starting to go down. Mr. Frankel stated in year 2042 the projected unfunded accrued liability is actually zero (0). Mr. Linn stated it has to be paid 2 07/09/13 down over a period of not more than 30 years. Mr. Frankel stated in April 2009 the fund was $85,184,788 and as of March 31" it is at $138,342,944 making a return on its investment of $54,904,032. Mr. Frankel stated he has been on the Police and Fire Pension Board since March 2008 and currently serves as Vice Chairman of the Board. He feels there are many great members of the Police and Fire Departments and members of the community who serve on this Board and who have served on this Board. Each of them as trustees have spent countless hours to educate themselves in areas related to the Board to fulfill their fiduciary responsibilities to the City and to the Plan. Mr. Frankel referenced a newspaper article dated March 8, 2013 entitled Hollywood Police Department is losing the officers to BSO "Nineteen officers plan to trade in their Hollywood badges to take jobs with the Broward Sheriff s Office in the next few weeks, a union official said. The exodus comes at a time of lingering outrage over pay cuts and drastic pension reform." Mr. Frankel stated Delray Beach needs to be competitive with other cities in this area. Mr. Frankel stated it is time for our city especially with the economic upturn to support the Police and Fire instead of cutting more. Mr. Jacquet thanked everyone who serves in the Delray Beach Police and Fire - Rescue Departments for everything that they do. He stated there is a possible "win - win" and everyone needs to come to it. Mr. Jacquet stated there are obvious concerns with regard to the fund and obvious concerns with regard to the men and women of the Police and Fire - Rescue Department. Mr. Jacquet stated he is looking forward to the negotiations and making sure that we can come back with something that will make both sides happy. Mrs. Petrolia asked how Mr. Linn calculated the figure of $35,184 (average City Cost per active Police Officer/Firefighter). Mr. Linn stated he took the City's current contribution of $8.2 million dividing it by the number of active Police Officers and Firefighters. Mrs. Petrolia stated she has been following these pension plans for many years and the Police and Fire Pension issues is not a local issue but it is a nationwide issue. She stated across the nation we are seeing pension plans bankrupting cities and causing large companies to go out of business. In her opinion, Mrs. Petrolia stated the numbers are not sustainable. Mrs. Petrolia stated the issues with the Police and Firefighter Pension Plan as she sees them is that they are flanked with unrealistic returns on investment, plan discount rates that are too high and grossly understate the City's liability, survivor benefits that do not make sense to her, poor investment decisions that have been made based on Plan results. Mrs. Petrolia stated she feels we do not have the best decision makers making the decisions on this Plan and the City is currently somewhere between $28,000 - $35,000 for an active Police Officer/Firefighter just to maintain an underfunded pace. Mrs. Petrolia suggested that the City take control over the Plan. Mrs. Gray asked if the fund does not perform what is the reason the City of Delray Beach has to make sure that it is funded. Mr. Linn stated State law requires that the Plan be funded on a sound actuarial basis which means if investment return and other factors do not meet the assumptions in the Plan then the City has to make up the deficit. Mrs. Gray stated she supports the Police and Firefighters and everyone knows 3 07/09/13 what they do is important. Mrs. Gray stated over the last couple of years she feels the City has done a lot of things with the new hires and other cutbacks. Mrs. Gray concurs with Mr. Jacquet that there will be a happy medium for both sides to resolve this issue. Mayor Glickstein stated the Commission needs to take seriously the problems Mr. Linn highlighted which have been growing for years and are significant and complex. Mayor Glickstein stated there is no interest or intent on his part in dumping the defined benefit pension plan for any of the employees. As both a taxpayer and elected steward of taxpayer money he is not pleased with the performance or management of the Police and Fire Pension Fund nor is he pleased that it falls to this Commission to disclose to taxpayers a complete and accurate picture of the difficult position the Commission is in which has been years in the making. Mayor Glickstein stated it is troubling that the Police and Fire Pension Fund had its best investment performance since the 1990's yet the City's pending payment contribution to the pension of approximately $9.7 million represents an 18% funding increase over last year on top of an 11% increase the year before. The City's payment contributions have increased 87% doubling since 2008 from $5.2 million (4% of General Fund budget) to $9.7 million coming up which is approximately 10% of the General Fund budget. He noted that the number of covered employees has not really increased during the same period. Mayor Glickstein stated the Plan's unfunded liability (amount the City must pay by law into the pension fund to cover all benefits) increased from $33 million to $93 million. Mayor Glickstein suggested that there be honest dialogue with all stakeholders about workable solutions and stated the City is a steward of taxpayer money and they have very high expectations as do the taxpayers for who is managing their money and he is not pleased with how it has been done. 6. Comments and Inquiries on Agenda and Non - Agenda Items from the Public Immediately Following Presentations 6.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 6.B. From the Public. 6.B.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, read a brief statement into the record about the Regal Cinemas in Delray Beach and stated Regal is closing and $30 million dollars that usually goes to the eateries to support the restaurants half will go to Boca and half will go to Boynton. Mr. Blum stated Delray Beach is losing a tremendously valuable asset to this community. He urged the Mayor and the Commission to be pro- active in maintaining this valuable city asset. 6.B.2. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, briefly spoke about Phyllis Plume who was very active in the community. She stated services will be 4 07/09/13 at 9:30 a.m. on Saturday, July 13, 2013 at St. Paul's Episcopal Church. Mrs. Finst recognized Betty Matthews who actively worked to preserve the beach and the barrier islands and other residents like Chip Stokes. 6.B.3. Mariorie Ferrer, Executive Director of the Downtown Development Authority (DDA), stated the DDA is partnering with Sun Trust Bank on Atlantic Avenue and is producing an employee appreciation event and extended a personal invitation to the Commission. Mrs. Ferrer stated from 10:00 a.m. - 4:00 p.m. the Miami Dolphin cheerleaders will be there for photographs to thank all the employees in the businesses downtown including the City employees. She stated this is a free event with raffle give - a -ways and there is a V.LP. reception at the bank. 6.B.4. Ron Gilinsky, speaking on behalf of the Police Department, stated he is fighting for the Police Department to get raises that they have not had in five years. Mr. Gilinsky stated Delray Beach is the lowest paid Police Department in South Palm Beach County. He stated Delray Beach is about to lose a fair amount of officers to other agencies and urged the Commission to show how much the Police Department is appreciated. 6.B.5. Gary Ferreri, Delray Beach Police Department, read a brief statement into the record about an incident that occurred two weeks ago involving a Police Officer who was responding to an incident two blocks behind City Hall where he was robbed, had a gun put to his head, and openly shot at. Mr. Ferreri stated the Officer was not hurt; however, these are the kinds of things that the Police Department deals with in the city. He stated it is their understanding the City is exploring various options and changes to the current Police and Fire Pension Plan. Mr. Ferreri stated the Police Department is losing faith and trust in the City of Delray Beach. He stated in 1995 Delray Beach had 7,500 Part 1 crimes (i.e. homicide, sexual assault, robbery, aggravated assault, burglary, larceny and grand theft auto) and today Delray Beach averages less than 3,500 Part 1 crimes per year. Mr. Ferreri stated he and other officers have spent the past several weeks comparing salaries and benefits at surrounding agencies considering the pros and cons of starting their careers over for another municipality that supports public safety personally, financially and competitively. Mayor Glickstein stated the Commission recognizes that defined benefit pension plans are one important tool to keep in particular younger officers vested in the community and they become that next level of leadership here so that 30 years from now they can look back they will have the same stories as some of the department heads that are leaving now are having with the younger members of the department. He stated everyone recognizes that a town without a first rate Police and Fire Department is like a country without its own currency; you have no identity. Mayor Glickstein stated the Commission is going to work very hard to protect the Police and Fire benefits and they recognize it is an important part of why they signed onto this job. 6.B.6. Carol Gevirts, 1061 Orange Terrace #101, Delray Beach, FL 33445, briefly spoke about an upcoming Education Forum at the Village Academy on 5 07/09/13 Wednesday, July 24, 2013 from 5:30 p.m. - 7:30 p.m. 6.11.7. Vinnie Gray, Sergeant with the Delray Beach Police Department and speaking on behalf of the Palm Beach County Police Benevolent Association (PBA), read a brief statement into the record and briefly discussed some issues with Mr. Linn's presentation. 6.11.8. Kenneth MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483 (former CPA, CFO, and Retirement Plan Administrator and Trustee who made investment decisions), stated the Delray Beach Retirement Plan for the benefit of its Police Officers and Firefighters is in critical financial condition and he represents the taxpayers. 6.11.9. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated the Palm Beach County Tax Assessor's Office recently reported that the City's taxable values are going to be up 6.5% which is the second highest increase of all the municipalities in the county. Mr. Warner urged the Commission to cut the millage rate and asked for someone to explain what the rolled back rate is. He urged the Commission to speak about essential services versus non - essential services. Mr. Warner commented about the audio of the Town Hall meeting and noted the City Manager stated that the budget process is being built around "specific goals and needs." Mr. Warner stated he sent the City Manager an email asking him what the specific goals and needs of the budget process are. He asked if staff can inform the public what the plan is for the budget meetings and public hearings. Secondly, Mr. Warner stated approximately six weeks ago he was talking about there being too many websites in the city and asked for a little bit of consolidation. Mr. Warner thanked Mrs. Petrolia and Commissioner Frankel for their assistance. 6.11.10. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), thanked Commissioner Frankel for giving the facts the way they are and Sergeant Vinnie Gray for presenting his viewpoint. In his opinion, Dr. Kirson stated this is a campaign against the Police and Fire Pension Fund. Dr. Kirson stated to take any action against this plan would be irresponsible or stupid. 6.11.11. Robert C. Schwartz, 555 S.E. 6th Avenue, Suite #1 -G, Delray Beach, FL 33483, stated the one thing that he sees missing almost every day in Delray Beach is the attraction of people and therefore dollars from outside Delray Beach. Mr. Schwartz stated like a nation which is trying to get a favorable balance of trade no matter what you do internally if the amount that you sell outside is less than the amount that comes in it is a worse balance. He stated Delray Beach is unique and can achieve the balance which comes from the outside protecting everyone inside. At this point, the time being 7:44 p.m., the Commission moved to Item 10, Public Hearings. 6 07/09/13 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 41 -12 (SECOND READING /SECOND PUBLIC HEARING): Consider a privately- initiated rezoning request from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place located at 1801 and 1845 South Federal Highway. (Quasi- Judicial Hearing) The caption of Ordinance No. 41 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PLANNED OFFICE CENTER (POC) DISTRICT TO SPECIAL ACTIVITIES DISTRICT (SAD); SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND SOUTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES AND REGULATIONS FOR THE SUBJECT PROPERTIES UNDER THE SAD ZONING; AMENDING THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.25(G), "S.A.D.S ", TO ADD SUBSECTION (11), " DELRAY PLACE" TO THE LIST OF APPROVED S.A.D.S; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the applicant, the attorney for the applicant, he received several emails located on the City email server and followed the 7 07/09/13 spirited discussion on Delray Raw regarding this. Mrs. Gray stated she spoke to the applicant, Mr. Weiner, Kellie Freeman, former Commissioner Fred Fetzer, and she received emails and telephone calls. Mrs. Petrolia stated she has received emails, telephone calls from residents, and Kellie Freeman. Mr. Jacquet stated he received numerous emails and messages and he had a conversation with Mr. Linn who is with the applicant. Mayor Glickstein stated he received numerous emails and has not spoken directly with anybody about the project. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2012 -059 and file #2012 -223. Ron Hoggard, AICP, Principal Planner, stated the property is located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway) just under ten acres (9.95). Mr. Hoggard stated originally the applicant submitted a rezoning request to go to Planned Commercial (PC) development. He stated that went through the system and based on the residents' concerns with compatibility with the adjacent neighborhood to the rear it was decided that this should be rezoned to SAD instead of PC. Mr. Hoggard stated the rezoning application was amended and the request is now for SAD zoning. The first reading of the ordinance before the City Commission was November 2012 then it went to the Site Plan Review and Appearance Board in December and the Board recommended denial and the applicants asked to have them reconsider that to give them a chance to address the issues and to come back before that Board. Mr. Hoggard stated SPRAB agreed to do that and came back to the Board on March 13, 2013. He stated SPRAB had an issue with the corner of the property and tabled the site plan, landscape plan, and architectural elevations but they did approve the waivers. Mr. Hoggard briefly reviewed the five (5) associated waivers. The Board also recommended approval to the City Commission of the following two (2) waivers: (1) A waiver to LDR Section 4.4.25(D)(1), for pavement encroachment into the required 15' perimeter setback for the SAD zoning district, for the driveway /parking aisle along Linton Boulevard and the outdoor dining area along the south side of the 400 building, (2) A waiver to LDR Section 4.6.9(13)(3)(c), Stacking Distance, to reduce the required 50 foot stacking distance between a right -of -way and the first parking space or aisle way in a parking lot to twenty -seven (27) feet for the two entrances on Linton Boulevard and thirty -three (33) feet for the entrance on Eve Street. SPRAB approved the site plan, landscape plan, and architectural elevations at that meeting with conditions listed in the staff report. Mr. Hoggard briefly reviewed the site plan issues with the project. Jeffrey Lynne, Weiner, Lynne & Thompson, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444 (representing the applicant), stated he was blessed to be able to spend the 4h July with his children and family on the beach and it was wonderful. However, Mr. Lynne stated there were bad rip currents that day and commended the lifeguards who were doing a great job. At this point, Mr. Lynne briefly discussed the project. 8 07/09/13 Ron Collins, Attorney representing Tropic Isles Homeowners' within Tropic Isles, stated his clients homes are placed in such a way that they are the most affected people and the most proximate people to this new development and have asked him to help them protect their interests. Mr. Collins stated there are a number of conditions that are before the Commission and if this project is approved that the Commission do so by incorporating all of those conditions and the phasing shown on the site plan then they support the project. He stated with the protections the developer has been willing to provide the quality of life will be substantially protected and the impacts upon their quality of life from this development will be sufficiently mitigated to the point where they can be supportive. Mr. Collins stated Mr. and Mrs. Schnabel were a member of their group but chose to leave because they have a special issue that is very important to them and will speak independent of his group and he does not represent them any longer. Mayor Glickstein declared the public hearing open. Terra Spero, 417 N.W. 7th Street, Delray Beach, FL 33444, stated she was asked by the client Delray Place to create a social media presence for them and to get some community feedback as to what the people are thinking about the project and to get some people who can share their opinions on it. Ms. Spero briefly spoke about the project on Facebook and stated the feedback was great and in 18 days 501 people said they liked the page and the project. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated he supports what is being presented tonight. Mr. Blum stated it is absurd that this project has taken 18 months for this project to get off the ground. He does not feel that a homeowners' association in the city have to hire attorneys to protect their rights and feels the city should be looking after everybody's rights. Lori Allen, 2032 Valencia Drive, FL 33445, stated she has known Joe Carosella, President of Retail Property Group, Inc. (RPG) for over ten years and as a local realtor and friend she has seen the level of workmanship and the quality of his project. Ms. Allen urged the Commission to approve Delray Place. Nancy Richards, 934 Cypress Drive, FL 33483, urged the Commission to vote for Delray Place without any further conditions and /or delays. Mr. Richards distributed photos of homeless people living in one of the buildings. She stated the plans are upscale and attractive and noted Retail Property Group, Inc. (RPG) works with quality tenants who are needed in this area of the city. Ms. Richards stated an increase in the tax base will be a starting stimulus and add a positive economic impact to the approved redevelopment of the South Federal Highway Plan. She stated in their area of the city there is a long tradition of residents going to the major shopping centers in Boca Raton or Boynton Beach and we now have the opportunity to secure Delray Beach for the benefit of all Delray residents and keep Delray resident money and local jobs here. 9 07/09/13 Karen Granger, President and CEO of the Delray Beach Chamber of Commerce, stated Delray Place represents a $30 million private investment for redeveloping that part of South Federal Highway. Ms. Granger stated this will add an elegant and attractive shopping destination to that part of town. She stated this project is approved by SPRAB and endorsed by the residents. Ms. Granger stated the Chamber is in full support of this project. Greg Weiss, 65 S.E. 5 I Avenue, Delray Beach, FL 33483 (Economic Chair for the Delray Beach Chamber of Commerce), speaking on behalf of the Economic Development Committee, stated they are convinced that this is going to be the beginning of further much needed economic development throughout the whole South Federal Highway Corridor which can only benefit the residents and businesses that are there right now. Mr. Weiss urged the Commission to approve the applicant's request. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated he fought this project every meeting for 1' /z years and there were reasons it had to be fought because it was wrong. Dr. Kirson stated now it is a go and noted that residents are looking forward to getting in their car driving eight blocks, getting out, eating, getting back in their car and going home. Mitch Katz, President of Bexley Park, stated he has spoken to a lot of his neighbors who want to see this project happen. Mr. Katz stated there is a dilapidated plaza on the northeast corner of Atlantic Avenue and Military Trail. He stated by the Commission approving this project that will show developers that Delray Beach is a place to build this type of project. Mr. Katz stated he travels around the country on business and these types of projects is what is going up in up and coming cities. Nancy Schnabel, 901 McCleary Street, Delray Beach, FL 33483, stated if Delray Place is built to the current site plan and it will have a devastating effect on her home; quality of life and market value. Ms. Schnabel stated the developer agrees that her home is the most impacted by this project; the project is unique because it is the only home that abuts Delray Place on two sides. She stated there is going to be a 23 foot high loading dock on the west side of her property just 35 feet to the west of their home and all truck traffic is going to be directed in from Federal Highway by her house and out; Building 600 behind her house is an 18 foot high building and it is only 15 feet from the property line; it runs the entire length of their property and extends 10 feet to the west of their property. She stated her home will look and feel like a prison. Ms. Schnabel stated their issue is line of site and because of their unique location they have repeatedly requested relief from the developer on one of the sides of their property. Ms. Schnabel urged the Commission to vote "no" with the current site plan and request the developer to redesign the Linton Boulevard portion of the project to minimize the effect on McCleary Street. 10 07/09/13 Stephen Michael, 909 McCleary Street, Delray Beach, FL 33483, stated his home extends beyond the 600/700/900 buildings and adjacent to Bill and Nancy Schnabel. Mr. Michael stated in the best interest he does not agree with Mr. & Mrs. Schnabel that Linton Boulevard #600 will close in their visibility and view. He stated he will have the same north looking view behind Building #700 and he will also be looking at the 600 and 900 Building as his property extends all three buildings. Mr. Michael stated the developer has worked diligently over the last two years to meet with all interested and affected residents and has resolved a lot of the issues that he has had and issues that the rest of the neighbors have had. He stated this is a wonderful lifestyle addition to Tropic Isle and the City of Delray Beach. Mr. Michael urged the Commission to support the project as it is presented and stated this project has been approved by Planning and Zoning and SPRAB and meets the required the standards, site planning, rezoning, and it is consistent with the City's desires in the South Federal Highway Redevelopment Plan. Bob Wiebelt, 955 Jasmine Drive, Delray Beach, FL 33483 (Tropic Isles) and owns the Delray Plaza at 2275 South Federal Highway, stated South Federal Highway has been waiting years for redevelopment and he has attended numerous meetings where the developers tried to accommodate the concerns of the adjacent residents. Mr. Wiebelt stated Delray Place will be the catalyst for redevelopment of South Federal Highway, it will bring needed jobs and added tax base to the city. He urged the Commission to support this project. Vin Nolan, Economic Development Director for the Community Redevelopment Agency (CRA), stated he was taking a counter position to his colleagues in Planning and Zoning who at the time did not like the outlook on the site plan and thought that the Special Activities District (SAD) approach might not be the right thing to do. Mr. Nolan urged the Commission to support moving forward with an important critical piece of the economic development infrastructure. John Koenig, 956 Evergreen Drive, Delray Beach, FL 33483 (Tropic ja!pl stated this project meets the required standards for site planning and rezoning and it is consistent with the intent desired to the South Federal Highway Redevelopment Plan. Mr. Koenig urged the Commission to support this project without any further delay. Kellie Freeman, 917 Banyan Drive, Delray Beach, FL 33483 (President of the Tropic Isle Civic Association), stated there is a group of homeowner association presidents and commercial developers and commercial property owners along South Federal Highway who are really working to make that a nicer area. Ms. Freeman urged the Commission to support this project so that South Federal Highway can be the gateway into Delray Beach. Richard Van Gemert, 912 Eve Street, Delray Beach, FL 33483, stated with regard to the Special Activities District (SAD) the City's Code under Section 4.4.25 stated "the uses, activities, and characteristic of SAD zoning are to be suitable and compatible with the surrounding existing development and with the proposed character of 11 07/09/13 the area." Mr. Gernert stated this project meets none of those requirements and urged the Commission to vote "no" and show everyone in Delray Beach that the rights of the little people do matter. He stated great government leadership is not defined by how many new businesses, stores, etc. that you can build but rather how you can protect the rights and properties of the people the Commission represents. Robert Saram 201 N.E. 1" Avenue, Delray Beach, FL 33444 (has owned property for approximately 16 years), stated the city is moving forward and this is the gateway to the city with private enterprise driving the force. Mr. Saraga stated he has known the developer for over 20 years who will live up to his stipulations for many years to come. Tony and Sheeno Sharma, 7363 Sedona Way, Delray Beach, FL 33446, stated that if the developer is willing to put up $30 million as an investment and jobs then the community should be supporting them. Mr. Sharma stated there are always downsides to putting up a project like this and feels we need to look at this in an open minded fashion. He stated the overall experience that is going to come with this development is going to be very high for that part of town. Mr. Sharma urged the Commission to support this project. Brikette Wiebelt, 955 Jasmine Drive, Delray Beach, FL 33483 (Tropic Isle — lived in Delray Beach for 28 years), stated Delray Place will be the catalyst for change and improvement along this blighted roadway. Ms. Wiebelt stated over the last 30 years she has watched some wonderful planning and development in many of the areas of Delray Beach. She urged the Commission to approve the Delray Place project without any delay. Ms. Wiebelt stated the Retail Property Group, Inc. are true professionals and are quality developers. She stated Delray Place will help to beautify the southern gateway into Delray Beach. Chris Metzger, 1734 Del Haven Drive, Delray Beach, FL 33483, urged the Commission to support this project because it is going to be able to benefit the community. There being no one else from the public who wished to address the Commission regarding Ordinance No. 41 -12, the public hearing was closed. There was no cross - examination or rebuttal. Mrs. Gray stated when she spoke to residents one of their main concerns was that they were told that a Trader Joe's was coming and asked if there is a tenant contract or lease for Trader Joe's. Mr. Lynne stated he has seen documents and leases going back and forth but he is not at liberty to discuss what that business arrangement is under the terms of the Letter of Intent that were entered into with that entity. Mr. Lynne stated it is the intent to continue to have negotiations with a certain grocer and this project should not live or die based upon a single tenant. 12 07/09/13 Mrs. Petrolia stated she understands that the open space went from 16.2% to 25.3% and asked where the majority of the open space is located. Mr. Hoggard stated the majority of the open space is located at the very end by the bridge. Mr. Hoggard stated that entire space is less than 10 %. Mrs. Petrolia asked about the 54 space deficit. Mr. Hoggard stated there is a 54 space deficit based on 4 spaces per 1,000 but there is no real requirement for SAD; it is based on the site plan. Mr. Hoggard explained that a typical shopping center in the traditional zoning districts in the city would require 4 spaces per 1,000. Mrs. Petrolia inquired about the 18 foot wall. Mr. Hoggard stated that extended the wall that was there to 18 feet but in actuality the existing is lower and the 18 foot wall is 15 feet away and there is a division with the landscape in between. Mr. Hoggard stated based on the elevations on the survey the one -story office building is 15 feet high. Mrs. Petrolia stated she agrees that something needs to be done with this parcel of land; however, she expressed concern over the houses that abut this property especially the corner house because they are impacted by noise and a wall that could potentially be blocking their view of the sky. She asked if any of those properties that will be abutting these new buildings have been given the same the renderings as everyone else of how beautiful it looks from the front and how it is going to impact the back of their homes. Brief discussion by Mr. Lynne followed. Mrs. Petrolia inquired about the wall in the rear. Mr. Collins stated there are five (5) houses that backup to the project; the first one to the left belong to the Schnabels; the next two belong to Mr. Michael who spoke in favor of the development; the next one he does not know about but the one after that belongs to Dr. Andy Gross who supports the development and has a special issue which requires the approval that is consistent with the phasing plan that has been agreed to. Dodi Glas, Planner, stated initially there was a building that was presented that staff did not like because they wanted the variation in the back and one of the things that was discussed is creating these areas between the buildings and breaking up the buildings. She stated they did that and added architecture to that rear elevation as well and reduced the height from 23 feet to 18 feet on the rear of those. Mrs. Petrolia confirmed that the building wall itself is going to be 15 feet from the property line. Mrs. Petrolia asked if anyone has done a rendering or explained to the 5 or 7 houses where that wall is actually going to cut off so they will not see the sky especially even from the inside of the house. Ms. Glas stated renderings from the rear of the building are in the Commission backup and the building and the existing landscaping was looked at and that was part of the discussion at multiple SPRAB meetings. Mark Saltz, Architect, stated the drawing of the rendering of the rear was presented at the meetings with the neighborhood. Mr. Saltz stated when this was originally presented the wall was 23 feet high and 15 feet away from the property lines. He stated they received feedback from the neighborhood and consequently reduced the rear wall from 18 feet to 15 feet away and provided an additional buffer for any sound 13 07/09/13 that would come from any of the air conditioning units and screening within the roof area of the building to minimize the impacts to the neighbors. Mrs. Petrolia asked if there is a loading dock in between that building and the next building and asked if they expect that pedestrian traffic is going to go from the corner across the loading dock to connect to those buildings and that is why they do not want to remove that corner building. Mr. Saltz stated the pedestrian traffic will be crossing over a driveway and there is continuous paver sidewalk that connects both in front of the corner entrance and goes continuously across and connects all of these buildings on Linton Boulevard. Mayor Glickstein stated the buildings on Linton Boulevard are now located 10 feet off the property line. Mr. Lynne stated they are currently 10 feet and they will be 15 feet. Mayor Glickstein stated if this project is truly successful he sees major problems with the parking. Mr. Hoggard stated the applicant has indicated that the parking is adequate based on their experience in their other centers; they have given staff a parking study based on ITE (Institute of Transportation Engineers) parking generation rates that shows the parking meets the requirements of ITE (2.94); they have reduced the overall restaurant to 20% instead of 25 %. Mr. Hoggard stated in some shopping centers a lot of the parking is in the rear non - usable parking) and Wal -Mart on Military Trail has 21% of its parking that is in the back of the building. He stated there is a trend now to reduce parking in general and noted LEED gives you points for minimizing the parking. Mr. Hoggard stated based on the studies they gave staff and based on the applicant's experience of the other shopping centers of the other mixes of their other uses and two other shopping centers that those have adequate parking. Mayor Glickstein stated from his own experience that 3'/2 spaces per 1,000 in a highly successful retail center is going to be problematic and asked Mr. Hoggard if that problem materializes how are we going to solve it. Brief discussion between Mr. Hoggard and Mayor Glickstein continued regarding the safety issues of the parking. Mr. Hoggard stated he is comfortable that the parking is going to work. Mrs. Gray thanked staff for the excellent job they have done working with the developers and the residents to present this project. In addition, Mrs. Gray thanked former Mayor Dr. Jay Alperin for his leadership and suggestion that the City look into SAD for this project. She stated the developer has made many concessions and tonight the Commission has heard from some of the most affected residents and they all agree that this is a good project with the exception of a few. Mrs. Gray stated this project will be a catalyst and an anchor to attract more businesses and the number one thing is this will bring jobs to the community. Mr. Frankel recognized former Mayor Alperin who when this was first discussed months ago proposed the SAD rezoning because of the problems with Wal- Mart and issues Tropic Isle had several years ago. Mr. Frankel also recognized Kelli Freeman, Ron Hoggard, and Mr. Lynne because it shows how far this project has come. Mr. Frankel stated when he first met with Mr. Carosella to discuss this project he was not in agreement and feels he did not take the residents of Tropic Isle and those nearby into 14 07/09/13 consideration but he is proud of the work Mr. Carosella has done (i.e. the extra conditions he added). Mr. Frankel stated everything Mr. Carosella did make this project a winner and this is huge for Delray Beach and Palm Beach County. Mr. Frankel stated based on the presentations it does meet LDR Sections 2.4.5, 3.1., and 3.2 to support the rezoning. He stated the hours that have been spent on this project make Delray Place compatible with the area and eliminates an eyesore at a major intersection, it is a $30 million investment; it increases the tax base, and increases employment. Mr. Jacquet stated he loves the fact that they have worked with the neighbors and the community. He thanked Kelli Freeman, all the Tropic Isle residents, Ray Kemp and all the Tropic Bay residents for coming together to make this project better than it was. Mr. Jacquet concurs with Vin Nolan that we do not want to pass up something good waiting for something perfect. Mr. Jacquet expressed concern over the wall in the back and the view for the private owners but at the same time another man on McCleary Street spoke very positively on the effect it would have on his property. Mr. Jacquet stated this is a great project and commended the developer's ability and willingness to meet over a period of time with the residents, to meet with staff, and come up with a project that is much better than it was before. Mr. Hoggard stated this is surrounding by arterial roadways and any parking problem is going to be a problem of this center itself and no way for it to really spill over to the neighborhood. He stated anything that happens is going to affect the leases and the tenants, and the developers. Brief discussion followed regarding the parking. Mrs. Petrolia stated she would like to see this project happen but expressed concern over the SAD requirement that it must be suitable and compatible with the surrounding existing development which would include those homes and is not sure that this has been met yet. Mr. Hoggard stated this is a commercial corridor so it is within that framework. Mayor Glickstein stated he is heartened by the amount of support and encouraged by the lack of public objection. He stated the reason the SAD zoning was suggested by the Planning and Zoning Board was because people were upset that after Wal -Mart that we proceeded to do the South Federal Highway Overlay District but because this particular corner had already made application they were outside of whatever was prescribed in that overlay. Mayor Glickstein stated they were exempt because they had already made application and so the SAD was suggested as a way to bring them back into that process whereby the site plan would require the same public input that the Overlay District properties would. He stated the economic advisers and the people that support this are 100% correct that this corner desperately needs a catalyst. Mayor Glickstein stated he is troubled by the expectations of people like Mr. and Mrs. Schnabel who move into an area with the reasonable expectation that they are going to live behind or adjacent to this POC zoning and that zoning is now changed in a way that impacts them more than anybody else. Mayor Glickstein concurred with the resident that homeowners associations should not have to hire lawyers to protect themselves and it is up to the City to look after people that have those reasonable expectations. Mayor 15 07/09/13 Glickstein stated the need to get something going in that part of the city is paramount to the difficult decision it is regarding Mr. and Mrs. Schnabel and the other people on that street that are going to be impacted by this and expressed concern that the developer did not do a little more to address their acute situation. The City Attorney stated Mr. Collins mentioned something about the phasing requirements in the site plan. Mr. Hoggard clarified that this is included with the site plan. Mr. Jacquet moved to adopt Ordinance No. 41 -12 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 1 vote, Mrs. Petrolia dissenting. 10.A.1. WAIVER REQUESTS: Consider approval of two (2) waiver requests to Land Development Regulations (LDR) Section 4.4.25(D)(1), "Development Standards ", for pavement encroachment into the required 15' perimeter setback for the SAD zoning district, and Land Development Regulations (LDR) Section 4.6.9(13)(3)(c), "Stacking Distance ", which requires a stacking distance of 50' for parking areas that contain 51 or more parking spaces for Delray Place located at the southeast corner of Linton Boulevard and South Federal Highway. (Quasi- Judicial Hearing) The caption of Ordinance No. 41 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PLANNED OFFICE CENTER (POC) DISTRICT TO SPECIAL ACTIVITIES DISTRICT (SAD); SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND SOUTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES AND REGULATIONS FOR THE SUBJECT PROPERTIES UNDER THE SAD ZONING; AMENDING THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.25(G), "S.A.D.S ", TO ADD SUBSECTION (11), " DELRAY PLACE" TO THE LIST OF APPROVED S.A.D.S; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 16 07/09/13 (The official copy of Ordinance No. 41 -12 is on file in the City Clerk's office.) The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to adopt the Board Order approving the two (2) waiver requests, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Mrs. Petrolia dissenting. 11. FIRST READINGS: A. None At this point, the time being 10:03 p.m. the Commission moved back to Item 7 of the Agenda. 6. AGENDA APPROVAL. Mrs. Petrolia moved to approve the Agenda, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 15 -13 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS /124 NORTH SWINTON AVENUE): Approve a tax exemption request for eligible improvements to the property located at 124 North Swinton within the Old School Square Historic District; and approve Resolution No. 15- 13. The caption of Resolution No. 15 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO ISABELLA I. INVESTMENTS, LLC. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 124 NORTH SWINTON AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. 17 07/09/13 (The official copy of Resolution No. 15 -13 is on file in the City Clerk's office.) 8.B. REQUEST FOR A SIDEWALK DEFERRAL /701 N.W. 7TH STREET: Approve an agreement to defer installing a sidewalk in front of the property located at 701 N.W. 7th Street. 8.C. REQUEST FOR A SIDEWALK DEFERRAL /218 N.W. 16'rH STREET: Approve an agreement to defer installing a sidewalk in front of the property located at 218 N.W. 16th Street. 8.D. ADDITIONAL SCOPE /LANZO CONSTRUCTION COMPANY: Approve additional scope for 1,000 gallons of roadway crack seal and a fire hydrant relocation in the amount of $27,571.00 with Lanzo Construction Company for the Reclaimed Water, Area 12A Project. Funding will be provided by the contract's Undefined Underground Allowance. 8.E. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, South Florida Construction Services, Inc. for 30 S.W. 13th Avenue in the amount of $28,163.85. Funding is available from 118 - 1963 -554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.F. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the second lowest responsive bidder, CJ Contracting, LLC. for 609 S.W. 5th Avenue in the amount of $26,095.63. Funding is available from 118 - 1963 -554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.G. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Cordoba Construction, Co. for 231 N.W. 14th Avenue in the amount of $36,879.10. Funding is available from 118 - 1963 -554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.H. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve the School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Learning Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the Community Center. 8_I. AFTERSCHOOL PROGRAM PROVIDER AGREEMENTS/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve Continue - to-Care Afterschool Program Provider Agreements between Early Learning Coalition of 18 07/09/13 Palm Beach County, Inc. and the City, to continue reimbursable funding through the Continue to Care - Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. 8.J. INTERLOCAL AGREEMENTS/PALM BEACH COUNTY; BEACH RENOURISHMENT: Approve an Interlocal Agreement between Palm Beach County and the City to provide a mechanism for construction, monitoring and funding of the Beach Renourishment project and set forth the terms, conditions and obligations of each of the respective parties. 8.K GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve retroactively submission of an application for funding in the amount of $39,868.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program which will support the Holiday Robbery Task Force, which reduces crime during the Holiday season. 8.L. SPECIAL EVENT REQUESTAOTH ANNUAL FAMILY FUN DAY AT POMPEY PARK: Approve a special event request for the 10h Annual Family Fun Day at Pompey Park, produced by the Parks and Recreation Department, to be held on August 17, 2013 from 10:00 a.m. to 10:00 p.m.; and authorize staff support for security and traffic control, fire inspection, trash removal and clean up assistance, trash boxes, and use of the large City stage, and preparation and installation of event signage. 8.M. SPECIAL EVENT REQUEST /ON THE AVE: Approve a special event request for On the Ave to be held on August 8, 2013 from 6:00 p.m. to 10:00 p.m.; grant a temporary use permit per LDRs Section 2.4.6(F) for the closure and use of S.W. 5th Avenue from Atlantic Avenue to S.W. 1st Street, as well as the Elizabeth "Libby" Jackson Wesley Plaza and authorize staff support for security and traffic control, fire inspection, trash removal and clean up assistance, trash boxes and event signage. The event sponsor will pay 50% for all overtime costs and an administrative fee for an estimated charge of $1,180.00. 8.N. PROCLAMATIONS: 1. Recognizing and Commending the Delray Divas Step Dance Teams 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 17, 2013 through June 28, 2013. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Rosso Site Development, Inc. in the amount of $135,982.23 for the construction of alleys as part of the Osceola Park Alleys -Phase I Project. Funding is available from 334 -3162- 19 07/09/13 541 -65.85 (General Construction Fund: Capital Outlay /Osceola Park) and 448 - 5461 -538 -65.85 (Storm Water Utility Fund: Other Improvements /Osceola Park). 2. Purchase award to Watson Dispatch in the amount of $69,715.69 for replacement of the 911 Dispatch Center workstation consoles for the Police Department. Funding is available from 334 -2111- 521 -64.90 (General Construction Fund: Machinery/Equipment/Other Machinery /Equipment). 3. Purchase award to CDW- Government in the amount of $65,928.72 for the purchase of 12 in -car video cameras for the Police Department. Funding is available from 334 - 2111 -521 -64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/Equipment). Mrs. Gray moved to approve the Consent Agenda, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. SPECIAL EVENT REQUEST /151H ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 15t Annual Garlic Festival to be held February 7 -9, 2014, and grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights -of -way to include N.E. 1st Avenue from Atlantic to the grass area at Delray Beach Center for the Arts, Swinton Avenue from Atlantic to N.E. 1st Street and Old School Square Park and N.E. 2nd Avenue from the north side of the east/west alley north of Atlantic to a line at the south end of the Old School Square Garage, from 6:00 a.m., February 6 through 11:00 p.m., February 9, 2014 and use of the Old School Square Parking Garage and the South County Parking Garage, authorize staff support for traffic control and security, EMS assistance, fire inspection, barricading banner hanging, signage preparation and installation, use of a City generator, the event producer to pay an administrative fee and 100% of overtime, signage, barricade, and park rental costs; and waiver of the two (2) hour parking limit in the downtown area during the event, subject to the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manauer, stated the Commission is requested to approve the special event request for the 15' Annual Garlic Festival 2014 scheduled to be held February 7 -9, 2014; the request also includes requests for closures of portions of N.E. 1st Avenue as well as N.E. 2nd Avenue and Swinton Avenue beginning on February 6, 2013 and for all the staff support as required. Mr. Barcinski stated all the documentation was included in the backup, site plan, budgets. He stated the estimated overtime plus other costs of $21,870 would be paid for by the event producer. Staff recommended approval with conditions. 20 07/09/13 Mr. Frankel expressed concern over the closure of N.E. 2nd Avenue. Mr. Barcinski stated the event has expanded and they needed that space to accommodate; it closed on the north side of the east/west alley north of Atlantic Avenue to the south end of the garage so the entire street is not closed. Mr. Barcinski stated they are still accessing out of the alley to get to the private parking places as well as access off of Atlantic Avenue and there is also access into Ocean City Lumber property from the north so they can still get into their driveway. Mr. Frankel stated being that it was the first year that it was done did staff get any feedback or complaints about having Swinton Avenue and N.E. 2nd Avenue closed. Mr. Frankel stated the Garlic Fest is one of Delray's signature events and wholeheartedly recommends approval. Mr. Barcinski stated the closure of N.E. 2nd Avenue was done last year; however, his concern was having both Swinton Avenue and 2nd Avenue closed four days. Mr. Barcinski stated last year there were two complaints from citizens and some of the feedback from the DDA related to the port-a -lets and the crowd size on the site and an issue with one of the vans. At this point, Mrs. Gray left the dais. Mr. Frankel moved to approve the Special Event Request for the 15th Annual Garlic Festival to be held February 7 -9, 2014 subject to the conditions in the staff report with an additional condition regarding the street closure as requested by Nancy Stewart for an additional day starting at 6:00 a.m., seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Gray returned to the dais. 9.11. DESIGNATION OF VOTING DELEGATE/PALM BEACH COUNTY LEAGUE OF CITIES: Designate a voting delegate and alternate(s) to the League of Cities to vote on behalf of the City. The City Manager stated the City needs to designate (a primary and an alternate) a voting delegate to the Palm Beach County League of Cities so that when actions are taken it has representation. The City Manager stated Vice Mayor Jacquet is prepared to serve as the primary voting delegate and Commissioner Petrolia as the alternate. Mrs. Petrolia moved to approve to designate Commissioner Jacquet as the primary voting delegate and Commissioner Petrolia as the alternate voting delegate for the Palm Beach County League of Cities, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 21 07/09/13 9.C. REQUEST FOR AUTHORIZATION /CITY ATTORNEY TO JOIN CITY OF DELRAY BEACH WITH OTHER MUNICIPALITIES IN A LAWSUIT CHALLENGING THE FRANCHISE FEE PAYMENTS FROM FLORIDA PUBLIC UTILITIES COMPANY: Consider authorization to allow the City Attorney to join Delray Beach with other municipalities in a lawsuit challenging the franchise fee payments from Florida Public Utilities Company from 2010 through the present. Terrill Pyburn, Assistant City Manager, stated the City of Delray Beach has been asked by the Town of Palm Beach whether or not we would like to join a lawsuit involving the Florida Public Utilities Company. Ms. Pyburn stated all seven cities in Palm Beach County noticed a decrease in the franchise fees given in 2009 -2010 and they believe the decrease was based on a reclassification of a certain category of users and this was done without the City's permission. Ms. Pyburn stated staff is requesting authorization from the Commission in joining the lawsuit with the other cities to sue Florida Public Utilities for breach of contract and also to seek declaratory judgment and recover any monies that are due to the City of Delray Beach which staff believes to be in excess of $50,000. The cost to join the lawsuit is estimated to be $12,759.59 which is based on all seven cities participating. Ms. Pyburn stated there is a Draft Complaint in the Agenda backup as well as an Interlocal Agreement that they have asked the City to sign once the City decides to go forward. For clarification, Mrs. Petrolia asked if the City is deciding to go forward regardless as to how many climb on board or is staff coming back to the Commission. Ms. Pyburn stated staff will be coming back to the Commission but today they are asking the Commission to give them the authority to go forward. Ms. Pyburn stated they believe that amount would cover costs of filing all the way through trial; however, if there is an appeal, etc. there would be additional costs. Mr. Jacquet stated it would cost $12,759.59 to save approximately $50,000. The City Attorney stated this is only if the City prevails. Ms. Pyburn stated it appears possible that the City could prevail based on the information that they did reclassify the certain kinds of users from general service to large volume customers and discovery would reveal what percentage of those people were re- classified and how much money the City lost. Mr. Jacquet asked if this is being done in- house. Ms. Pyburn stated they have hired local outside Counsel Jones, Foster, Johnston & Stubbs, P.A. for the Town of Palm Beach as well as a firm from Tallahassee, Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee LaVia & Whight, P.A., that specializes in utilities litigation. The City Attorney suggested that the Commission go forward with this at a cost to the City of $12,759.59. However, the City Attorney stated if staff has to come back to the Commission and the amount increases, then staff may recommend something different. Mr. Frankel moved to approve the request for authorization to allow the City Attorney to join Delray Beach with other municipalities in a lawsuit challenging the 22 07/09/13 franchise fee payments from Florida Public Utilities Company from 2010 through the present, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.D. SETTLEMENT PROPOSAL IN DENISE RYDZEWSKI V. CITY OF DELRAY BEACH: Consider a Settlement Proposal in the total amount of $20,000.00 in Denise Rydzewski v. City of Delray Beach. Staff recommends approval. Terrill Pyburn, Assistant City Attorney, stated the Plaintiff has offered to settle the case in the amount of $20,000 and claims she was injured when she was using the sidewalk along Germantown Road east of what was formerly known as the Office Depot property. Ms. Pyburn stated the Plaintiff incurred medical expenses as a result of the fall because she had arthroscopic knee surgery. At this point, Ms. Pyburn stated the Plaintiff has incurred up to $65,000 in medical expenses and she is planning to have a knee replacement surgery the end of this month. Staff recommends approval. Mrs. Petrolia moved to approve the settlement in the amount of $20,000 in Denise Rydzewski v. City of Delray Beach, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint two (2) regular members to the Community Redevelopment Agency (CRA) to serve four (4) year terms ending July 1, 2017. Based upon the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1) and Commissioner Frankel (Seat #3). Mrs. Petrolia stated she would like to appoint Reginald Cox because he is an architect, serves on the Historic Preservation Board (HPB), and is very active. Prior to the vote, Mr. Jacquet stated Mr. Cox as an architect and someone who has lived in the city his entire life has a passion for the town. Mayor Glickstein stated it is a great nomination having Mr. Cox on the Board and has moved WARC forward through sheer will and made it relevant. Mayor Glickstein stated the missing part of the CRA's success story has been West Atlantic Avenue and feels Mr. Cox would be the perfect candidate to add some energy to that. Mrs. Petrolia moved to appoint Reginald Cox to serve as a regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2017, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 23 07/09/13 Mr. Frankel stated since the last Commission meeting he has spoken to several former Mayors and Commissioners regarding appointments to boards and of everyone he spoke to only one person's nomination was rejected and that was to a Code Enforcement Board because of numerous code violations and fines. Mr. Frankel stated under the new procedures created at the last meeting the Board appointment process is no longer an individual appointment it is now a debated and limited process; it is limited because the majority of this Commission decided to apply a standard that does not exist in the city and apply a policy that does not exist. For the record, Mr. Frankel stated if the Commission rejects his nomination this time he forfeits it based on this new procedure. Mr. Frankel stated he feels Mr. McDuffie was unfairly embarrassed and he would like the Commission to go through the list and tell him which candidates are not acceptable. Brief discussion by the Commission followed regarding the candidates. Mayor Glickstein stated the Commission can agree to disagree and this is not personal but this is his opinion about a candidate which is no different than his opinion about a project that has been put forward. He stated the Commission can agree to disagree. Prior to the vote, Mr. Frankel stated he would like to withdraw his nomination. The City Attorney stated there is already a motion and a second and the Commission needs to move on the motion that is on the table. Mr. Frankel moved to appoint Christina Morrison to serve as a regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2017, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Jacquet — No. Said motion was DENIED with a 3 to 2 vote, Commissioner Frankel and Commissioner Gray dissenting. 9.F. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint two (2) regular members to the Public Art Advisory Board 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) and Commissioner Gray (Seat #4). Mr. Frankel stated he would like to defer his appointment to the next regular meeting of July 25, 2013. Mrs. Gray moved to reappoint Daniel Bellante as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2015, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 24 07/09/13 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager had no comments or inquiries on non - agenda items. 12.B. City Attorney The City Attorney stated about 1' /z weeks ago staff sent out a schedule regarding DCF having some public meetings on the Proviso at the Drug Abuse Foundation on South Swinton Avenue from 10:00 a.m. — 1:00 p.m. The City Attorney stated he and Terrill Pyburn will be in attendance and there will be some other representatives from other municipalities as well. 12.C. City Commission 12.C.1. Mr. Jacquet Mr. Jacquet commented about the Mid- Summer Education Forum that Carol Gevirts brought to the Commissions attention and encouraged everyone to show their support and invite others to come and participate. Mr. Jacquet thanked Carol for all the work that she has done with putting this together and he looks forward to participating and helping to make this a success. Secondly, Mr. Jacquet stated on July 20, 2013 from 9:00 a.m. — 3:00 p.m. at Pompey Park there will be a Preserving Homeownership Clinic which is going to be done by the Urban League of Palm Beach County. He stated this is an opportunity for people to talk to banks and get some kind of guidance and information on how to protect their homes from foreclosure or other issues that they are dealing with. Mr. Jacquet stated this is very valuable to many residents and encouraged everyone to participate in helping make this a success. Mr. Jacquet stated as he took his jog this morning east on Atlantic Avenue he passed by the library and noticed that every bench had two bicycles chained to them. He stated the library has a bike rack on the south side in the front. Mr. Jacquet suggested putting a bike rack on the Atlantic Avenue side as far as making it easier for people to lock their bikes and remove their bikes as opposed to taking up the benches where people sit. Mr. Jacquet expressed concern over the on- street parking situation on South Swinton (the islands). He noted that a business referred to it as "the penalty boxes" there that are taking up valuable space. Mr. Jacquet stated he would like to have a discussion on what the City's options are as far as removing them and have more parking on South Swinton Avenue or more green space. Mr. Jacquet stated he spoke to a few seniors about a Senior Center or Senior Housing and inquired about the status northwest corner of Lake Ida Road and 25 07/09/13 Congress Avenue. He stated to keep this in mind as far as taking care of the seniors in the community. Mr. Jacquet stated he meets with a lot of constituents' downtown Delray and it is hard for him to have to run back out to check on his car because of the two -hour parking limit. He suggested that the Commission be allowed to park downtown longer than the two -hour limit especially if they are meeting with constituents and discussing City business. Lastly, Mr. Jacquet stated the 4th of July celebration was magnificent. He stated he helped participate in the countdown for the fireworks. Mr. Jacquet congratulated and expressed kudos to Stephanie Immelman, Jarrod White, the Delray Beach Marketing Cooperative (DBMC), and all the sponsors for the amazing 4th of July celebration and stated it was an honor participating. 12.C.2. Mrs. Petrolia Mrs. Petrolia commented about the two -hour parking situation downtown. Secondly, Mrs. Petrolia distributed photographs of motorcyclists parking on the sidewalk. She stated Police were called who indicated that they did not have anything against that. Mrs. Petrolia stated she received a $35.00 ticket because her wheel was a little over the white line; she was parallel parking in and the person behind her skewed forward and the person in front of them skewed forward so she parallel parked in and was skewed forward. She stated this is something that should not be acceptable especially if she is just a wheel over the line. Mrs. Petrolia suggested that this is something that staff needs to look into. She stated she had the opportunity over the weekend to be able to cruise around downtown and one of the things she noticed was how difficult it was to pass by The Office due to the outdoor cafe. Mrs. Petrolia stated the problem is that they have an open bar on the west side of the property where many people hover into the pedestrian walkway and across the pedestrian walkway are all of their chairs and tables. She stated in essence they are taking up the entire walkway. Mrs. Petrolia inquired as to when these permits are up for renewal and suggested that staff needs to focus on this. She stated everyone needs the ability to be able to walk by without feeling like they are being blocked. Mrs. Petrolia stated the 4th of July was an incredible celebration. Lastly, Mrs. Petrolia commented about the Ribbon Cutting Ceremony for the trolley cars. 26 07/09/13 12.C.3. Mrs. Gray Mrs. Gray stated this time last year the Commission was working with Digital Divide with the Palm Beach County and the School Board and inquired about the status of this. Secondly, Mrs. Gray stated there was supposed to be free Wi -Fi on West Atlantic Avenue for the businesses and 5th Avenue as well and believes the Delray Beach Marketing Cooperative (DBMC) was responsible for that and asked why that has not come to fruition. Mrs. Gray stated she is on the Board of the Palm Beach County League of Cities and the Palm Beach County Healthcare District Board and they are working on the FEC Railroad and suggested that two (2) people from the City of Delray Beach work on a committee to help facilitate those efforts. Mrs. Gray stated the FEC Railroad has received millions of dollars from the Federal Government and they want the City to participate in paying for the quiet zones. She stated the Palm Beach County League of Cities would like to form a Flood Map Committee to review the flood maps. Mrs. Gray stated with regard to the Health Care District they have acquired four (4) clinics and one is in Delray Beach. She stated she met with Mr. Nicholas Romanello, Chief Legal Officer from the Health Care District and Senator Maria Sachs. Mrs. Gray stated she would like to have the Health Care District on a Workshop meeting so that the City can discuss how the Health Care District and the clinics can work with our communities. Mrs. Gray commented about the 4th of July celebration and heard both good and bad. She stated the Dover House sent a letter about their property. The City Manager stated the City cleaned up their property. Mrs. Gray stated normally the fireworks are set off from a barge and there are not these issues. She stated she is looking at this from a safety standpoint and noted that some people alleged they were hit by the fireworks and the property was covered with the fireworks. 12.C.4. Mr. Frankel Mr. Frankel stated in response to Mr. MacNamee's statements that the figures he used tonight in his remarks were inaccurate and incorrect. He has a meeting tomorrow and will bring all the supporting documents that he used. Secondly, Mr. Frankel stated recently in the City's downtown core he has seen a lot more homeless people and one individual he witnessed getting into an argument with a female waitress yesterday at City Oyster. Mr. Frankel stated he congregates primarily across the street from The Office restaurant at the corner of Atlantic Avenue and 2nd and he is also outside of Spot Coffee. Mr. Frankel stated he 27 07/09/13 feels that this individual is mentally unstable and expressed concern over the individual's altercations with female employees. Lastly, Mr. Frankel stated the new trolleys are beautiful and they are a major improvement over the other modes of transportation that the City has and understands the CRA funds it. He stated there are two issues with it: (1) there needs to be designated stops in the downtown central core because there are congestion problems as it is in areas where there is only one way each way it is really a problem on the most congested roads. Mr. Frankel suggested putting a stop near Doc's at the library, near the railroad tracks, and near Starbucks on 5m and (2) consider charging $1.00 to ride the trolleys. Mr. Frankel suggested that this be discussed at a future meeting. Mr. Frankel asked the City Attorney or the City Clerk to look into the Robert's Rules of Order to see if he properly tried to withdraw his nomination for the CRA. Lastly, Mr. Frankel gave a brief response to the rude comments made at the last meeting relating to himself, Commissioner Gray, and former Mayor McDuffie. Mr. Frankel stated he hopes everyone takes courtesy with fellow Commissioners with opposite viewpoints and treat them all with respect and noted this includes City staff as well. 12.C.5. Mayor Glickstein Mayor Glickstein stated at the end of the last regular meeting he apologized to both Commissioner Frankel and Commissioner Gray to the extent that the comment was perceived to be personal because it was not intended to be that way. Mayor Glickstein stated it was a mistake to characterize it the way that he did. Secondly, Mayor Glickstein asked about the grant that the City Manager needed feedback on from the Commission. The City Manager stated at this point he does not need anything from the Commission; it was a requirement of the grant that it be reviewed by the governing body prior to submission and that was the requirement staff was fulfilling. Mayor Glickstein commented about an email from Fred Stein who commented about a sign "No Lifeguard on Duty" that was not readily visible. Mayor Glickstein asked the City Manager to get with Ocean Rescue to see how they can make the "No Lifeguard on Duty" signs on the lifeguard towers more visible. Lastly, Mayor Glickstein stated with a City with $100 million budget he does not understand why a microphone on the dais does not work. There being no further business, Mayor Glickstein declared the meeting adjourned at 11:09 p.m. 28 07/09/13 ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 9, 2013, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 29 07/09/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS IN ASSOCIATION WITH THE CLASS V SITE PLAN APPROVAL FOR DELRAY PLACE 1. These waiver requests in association with the Class V site plan approval for Delray Place came before the City Commission on July 9, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests in association with the Class V site plan approval for Delray Place. 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 #1 — Pavement Encroachment into the Required 15' Perimeter Landscape Setback: Pursuant to LDR Section 4.4.25 (D)(1) "A minimum setback of fifteen feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any street side setback, the fifteen foot (15') setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street." The applicant has requested a waiver to allow various paved areas for use as pedestrian access to the site, to maintain existing parking use along Linton Boulevard, and for potential future use as sidewalk cafe areas, all of which are generally parallel to the abutting street. Does the waiver request meet all the requirements of 2.4.7(6)(5)? July 9, 2013 Regular City Commission Meeting; Item 1 0.A.1 Yes ✓ No B. Waiver #2 — Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space for a parking area that has fifty one (51) or more parking spaces is fifty feet (50') for all driveway connections along Linton Blvd. and Eve St. The applicant has requested a waiver to reduce the required stacking distance for the driveway connections off of Linton Blvd. and for the driveway connection off of Eve St., by providing for a stacking distance of twenty seven feet (27') for the driveway connections along Linton Blvd. and a stacking distance of thirty three feet (33') for the driveway connection off of Eve St. Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests to LDRs. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 9th day of July, 2013, by a vote of 4 in favor and 1 opposed. ry D lickstein, Mayor Chevelle Nubin, City Clerk 2 July 9, 2013 Regular City Commission Meeting; Item 1 0.A.1 SPECIAL /WORKSHOP MEETING JULY 16, 2013 A Special /Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, July 16, 2013. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - Commissioner Alson Jacquet Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special /Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA Mayor Glickstein opened the meeting for public comment on the special meeting items. Public: 1. Mr. Neil M. Schiller, Becker and Pohakoff, spoke regarding the ranking and selection for the Federal Lobbying item. 2. Mr. Victor Kirson stated he feels there may be a violation of the Sunshine Law and noted that Commissioner Jacquet is not in attendance at the meeting tonight. Mayor Glickstein then closed public comments as there were no other speakers. RECONSIDERATION OF ACTION ON A MOTION TO WITHDRAW AN APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Reconsider a motion to withdraw Commissioner Frankel's recommendation for an appointment to the Community Redevelopment Agency (CRA) Board. Mr. Brian Shutt, City Attorney, presented this item. He discussed the CRA board appointment item and the motion from July 9, 2013. He discussed a procedural error regarding the motion and informed Commission of how to cure that. Mr. Shutt referenced Section 17 from Robert's Rules of Order regarding withdrawing a motion. Mayor Glickstein stated he objects and explained his reason for objecting. He asked if it only takes one member of the Commission to object. Commissioner Frankel discussed Article 4, Section 27C from Robert's Rules of Order regarding leave to withdraw a motion. He stated his interpretation was that the question was not called and feels it is within his right to withdraw his motion. Mrs. Gray asked about the local rules regarding the nominating procedure. She stated during that time it was confusing and stated she would appreciate the Mayor allowing them to speak. Mrs. Gray asked where the Commission goes from here. The City Attorney reiterated his reading of Robert's Rules and explained the process. Mr. Frankel asked why Article 4, Section 27C does not apply in this situation. Discussion ensued amongst the Commission and the City Attorney regarding Robert's Rules of Order. It was the consensus of the Commission to defer this item to the July 25, 2013 Regular Commission Meeting. 2. SELECTION OF STATE LOBBYIST /BALLARD PARTNERS, INC.: Consider approval of the Selection Committee's ranking and authorize staff to enter into contract negotiations with Ballard Partners, Inc. to provide state lobbying services to the City regarding sober house legislation. Ms. Terrill Pyburn, Assistant City Attorney, presented this item discussing the Selection Committee's rankings. She stated they met to discuss the five (5) proposals. The committee voted in favor of Ballard Partners who was the lowest bidder and has an ongoing relationship with Department of Children and Families (DCF). Ms. Pybum stated Ballard has done work for the city regarding sober homes. Mrs. Gray thanked Ballard Partners and stated they have done an awesome job. She discussed Ms. Pyburn's work as well and referenced the costs regarding the other bidders. Mrs. Gray moved to approve the selection of Ballard Partners, Inc. as the state lobbyist, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 3. SELECTION OF FEDERAL LOBBYIST /ALCALDE & FAY: Consider approval of the Selection Committee's ranking and authorize staff to enter into contract negotiations with Alcalde & Fay to provide federal lobbying services to the City regarding sober house legislation. Ms. Pyburn presented this item and stated the selection committee met three (3) times. She stated both firms came in at approximately $36,000 per year. She stated the committee ultimately voted for Alcalde & Fay mostly because in 2007 the city worked with them and had good results. However, both firms would do a good job but the selection committee ultimately went with Alcalde & Fay. Mayor Glickstein asked who was on the selection committee and who had prior experience with them. In addition, he asked about the public comment made by Mr. Schiller. Ms. Pyburn stated both firms had excellent references and both firms have offices located in Washington, D.C.; all things were more or less equal. Mayor Glickstein asked about the funding source -if this comes from the general fund. Discussion continued regarding the firms and the sober house issue. Mrs. Petrolia asked if there is a firm that leads in the issue the city is looking for. 2 July 16, 2013 Mr. Frankel asked about the cost of $3,000 per month plus travel. He stated he feels that Becker & Poliakoff is a local company. Ms. Pyburn discussed language that could be added to the cost. Mrs. Gray stated relationships are important and it is important to select the recommended group. Mayor Glickstein asked how the vote of the selection committee. Mr. Frankel moved to approve the selection of Becker & Poliakoff as the Federal lobbyist, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. 4. LETTER OF SUPPORT / JUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant (JAG) funds for FY 2014. (Addendum) Mr. Shutt presented this item and stated this comes before Commission on an annual basis and discussed the funds regarding Palm Beach County. He stated it is before the Commission to approve a letter of support to be signed by the Mayor. Mrs. Gray moved to authorize the Mayor to sign the letter, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mayor Glickstein adjourned the Special Meeting at 6:34 p.m. WORKSHOP MEETING AGENDA 1. Vision 2020 Forum Report Mrs. Lula Butler, Community Improvement Director, presented this item and gave an overview. She discussed the forum and stated the consultant has provided the final report. She highlighted previous vision reports that were brought before previous Commissions. She asked the Commission to adopt the report in concept and stated it is a fluid document. In addition, Mrs. Butler acknowledged the steering committee members who were present. Mayor Glickstein asked about previous vision reports and which ones were approved or adopted in concept. Mrs. Gray thanked staff and stated she supports staffs recommendation. Mayor Glickstein asked what is meant by adopting something in concept. Mr. Frankel stated there was such a call from the public to do this and stated a lot of time was spent on this and commented regarding the adoption of this. Mr. Frankel stated he does not want to be disrespectful to the members -those who participated. Mr. Shutt stated staff would like the flexibility of it being adopted in concept. Mayor Glickstein discussed community participation and adopting the report in concept. 3 July 16, 2013 It was the consensus of Commission to adopt the report in concept. The item will be brought back to Commission at the July 25, 2013 Regular Commission Meeting. 2. Public Arts Advisory Board Presentation Mr. Robert Barcinski stated this item tide should be `Public Arts Master Plan Presentation" and introduced Ms. Elayna Toby Singer. Ms. Singer conducted a Power Point presentation regarding public art and what has been accomplished so far. She asked for Commission support for the master plan. Mr. Frankel asked what the fund balance is for Public Art. He stated it was a great presentation and he supports the five (5) points and the recommendations. Mrs. Petrolia asked what are we looking at regarding cost and will this come before Commission every time. Ms. Singer stated they are looking at processes and procedures and she will defer to staff regarding budget, etc. Mr. Chapman stated the Public Art Advisory Board makes most selections procedurally and Commission has final approval. He stated public art is central and gives the city a sense of place. Mr. Chapman stated if we institute the policy of art integration into projects; this is done as forethought versus at the end. Mrs. Petrolia commented regarding art integration and stated she is strongly in support of the plan. Mrs. Gray stated Delray Beach supports Arts & Culture and loves the idea about partnerships. She inquired about the makeup of the board. Ms. Singer spoke regarding the selection panel, the board and processes. Mrs. Gray asked if it is possible that some portion of capital improvement funds can go towards public art. Mayor Glickstein stated he sat on the initial Public Art Advisory Board in the capacity of a developer and they tried to ascertain a formula regarding new construction and now the formula looks different from what they actually had. He stated where this is seen is a combination of a fee for new construction/ development and the City or CRA contributions. Ms. Singer stated 1.5% funding is there for municipal projects and discussed different price points. Mr. Vin Nolan, Economic Development Director, commented regarding engaging the private sector to talk about the most effective ways to do this. He stated he agrees with the City Manager that this is a value add for the community in terms of identifying our sense of place. Mrs. Gray asked how many projects have actually been completed since 2004 and how many are in the making right now. Ms. Singer stated she will have to let the Commission know. She stated part of the plan is to identify locations city wide. Mrs. Gray asked if there will be art throughout the city. Mayor Glickstein commented on the term "essential' as stated by the City Manager regarding public art. 4 July 16, 2013 He asked about the term "eligible" and stated the capture rate needs to be broader to be meaningful. He discussed changing the Land Development Regulations (LDR). Mayor Glickstein stated there is a confluence of a different group of people on that board and discussed maintenance of the public art. It was the consensus of the Commission to move forward with the plan. 3. Review of Advisory Boards Ms. Chevelle D. Nubin, City Clerk, presented this item highlighting the results of the committee meeting held regarding the review of the city's advisory boards and the qualifications for the same. At this point, Mayor Glickstein opened the item up for public comment. Public: 1. Mr. Victor Kirson stated he attends board meetings constantly and has evaluated them thoroughly. He commented regarding the Police Advisory Board (PAB), the Parking Management Advisory Board (PMAB), Planning and Zoning (P &Z), and the combination of the Site Plan Review and Appearance Board (SPRAB) with Planning and Zoning. 2. Ms. Gail Lee McDermott stated she wrote a two page letter and thanked Commissioner Gray for nominating her. She stated her letter was heartfelt and something should be done regarding the Neighborhood Advisory Council (NAC). She stated the board is not working and it could be a task force or strategic planning. 3. Mr. Jim Knight commented regarding a merger of the SPRAB and P &Z boards. He strongly recommended that if the two boards are combined, to have the meetings more than once a month. He stated the SPRAB meetings run late and suggested the meetings be held at an earlier time if the two boards are combined. 4. Mr. Bob Schwartz, from Motiva, stated what he does is subjected towards community engagement and stated he would like to be able to demonstrate his process for the city in regards to advisory boards i.e. mini sessions. 5. Mr. Jason Bergman, a board member of SPRAB, stated the SPRAB board is a special board in that it listens to and addresses very important details. He stated it takes a process to get through projects; and stated the multi- layered process of the P &Z and SPRAB boards is important and they addresses different issues and topics regarding density and height separate from the details of how to make it work from an urban perspective. He asked Commission to consider this as they move ahead. Mayor Glickstein then closed public comments as there were no other speakers. Mr. Shutt informed the Commission that if there is consensus to look at staff's recommendations as it pertains to the boards, then a consensus is needed to proceed forward and then staff would proceed with the ordinances or resolutions regarding those. Mrs. Gray stated she has asked for this review for a long time and discussed the boards. She thanked everyone who has served on the boards. Mrs. Gray stated the Financial Review Board (FRB) has served its time. 5 July 16, 2013 In addition, she stated she has heard from several members of the NAC and feels it should be eliminated. Mrs. Gray stated SPRAB and P &Z boards should remain separate. She stated she supports all of staff's recommendation. Mayor Glickstein spoke regarding the Nuisance Abatement Board (NAB) and asked why the ongoing need is separated out. Ms. Nubin explained the purpose and function of the NAB. Mrs. Petrolia commented regarding the NAB as well. She asked about the Board of Adjustment (BOA) and how it functions. She asked about overlap and how some of the boards can be combined. Mrs. Butler discussed the BOA. Mrs. Petrolia stated she concurs with Mrs. Gray regarding the Financial Review Board and the Neighborhood Advisory Council. Mr. Frankel spoke regarding the Police & Firefighters Retirement System Board of Trustees and stated it is governed by state statute as well and is part of collective bargaining. He stated he concurs with other comments made regarding the boards. Mayor Glickstein commented about diversity of educational backgrounds on the Education Board and asked what staff is looking for. Mrs. Butler stated they would like to have a combination of businesses, parents and educators for the Education Board. Mayor Glickstein asked if we are laying out the qualifications that are desired for the boards. He suggested that a land use person be one of the qualifications for the Planning and Zoning Board. Ms. Nubin discussed the board information that is on the website. Mayor Glickstein stated would like to see additional language added to the website regarding the advisory board qualifications and he supports staff's recommendations. He referenced Ms. McDermott's letter and feels that it summed things up and reiterated that he supports the changes. Mrs. Gray asked what the mission of the Education Board is. Mrs. Butler stated the education board is an advocacy board and takes a comprehensive look at Delray Beach Schools to see what is needed to be competitive and what the student needs to get the best education possible. Mrs. Gray stated it will help the Commission to know what staff is looking for regarding that board. Mr. Frankel asked about the Green Implementation Advisory Board (GIAB) and discussed task forces versus boards. He also commented about attendance and stated it is vital. He asked staff to look into the attendance of board members. Discussion ensued between Commission and staff regarding attendance of board members. The City Attorney asked for clarification regarding the boards in terms of revising the qualifications. It was the consensus of the Commission to revise board qualifications subject to the Mayor's recommendations for the Planning and Zoning Board and language as suggested by the City Attorney for the boards. 6 July 16, 2013 Mr. Shutt asked Commission if they want to continue with the appointments that will be coming up for the July 25, 2013 meeting or if they would like these changes to be implemented before the appointments occur. He stated the changes /ordinances and resolutions pertaining to boards will be brought forth in the August Commission Meetings. It was the consensus of Commission to go forward with the appointments for boards that were not being eliminated. Mayor Glickstein adjourned the Workshop Meeting at 7:47 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, July 16, 2013, which Minutes were formally approved and adopted by the City Commission on August 6, 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 16, 2013 WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance of future world conflicts; and WHEREAS, the Sister City program serves as a vehicle to bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Moshi, Tanzania established a Sister City affiliation; and WHEREAS, the relationship between Moshi and Delray Beach brings about a great sense of brotherhood, friendship and amity between our two great cities; and WHEREAS, on the occasion of the visit of the Honorable Lord Mayor Japhary R. Michael and six other delegates from Moshi, we wish to extend a warm welcome to them from the citizens of Delray Beach. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize: Honorable Lord Mayor - Japhary R. Michael Municipal Director - Bernadette Kinabo Municipal Treasurer - Tumaini E. Mrango Head of Department Primary Education and Culture- Deusdedit A. Bimbalirwa Head of Section Urban Cleansing- Amos M. Mwakalinga Council Member - Abdurahaman Yusuf Shariff Environmental NGO - Adellah Shao as honorary citizens of the City of Delray Beach and present them with the key to the City so the door of friendship is always open to them. We send our best wishes for good health and fortune to all the citizens of Moshi, Tanzania, and extend our hands in friendship and peace. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of August, 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Director of Finance THROUGH: Louis Chapman, Jr., City Manager DATE: August 2, 2013 SUBJECT: AGENDA ITEM 5.C. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 PRESENTATION OF PROPOSED FY 2014 BUDGET ITEM BEFORE COMMISSION Presentation of Proposed FY 2014 Budget BACKGROUND The Commission is required to approve an annual budget. The attached presentation is the proposed city -wide FY 2014 budget for the City of Delray Beach, Florida. Total proposed expenditures are $154,567,770, down from $171,376,455 in FY 2013. M `�t uJ j j j N /) ^1 W U LL LL N C6 � (n 7C3 � C6 O LL (n N U O 4� 70 •— Cn U 7C) 4� • — (� O O 4� Q 70 O Q O 70 O 70 4-j 4� C6 4� : O 4� +-' • - C37 L. 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N C6 I O •� a� 0 N � U � O � UO N W L 'O J 0 O L N N E 0 N N N N I a� Cn O 0 a� z U) W X � U � E E O — >_ � Q � � U O •- U � •p � I CO m Q N r-I � II O 60 0 00 (D LO o O O O O NO 7 � II O 60 0 O O O O O 7 00 O O O 00 O Lo O d7 00 0 CY) O ti O n N co � II O 60 0 a� 7 i U LL i Or i � O U (D 0 00 00 0 00 00 00 00 00 0 00 o o° o o o o o° 4 0 rn& 00 0 0 0 0 L 0 m Q m M 0 N LLB c (n N U M 1 :D N U Q ca 00 m C) u M 7C3 a� Z3 2 Q 0 o to Q 0' o m w _ = U � .� > U _ i--+ c� N 0o U ii 00 U LL w Q C: m o w m O O O p O O O O O O 00 O O O O O O O O O O O m O � � On ti qzl- LO rl N rl rl � Ln rl N N N (6 M U j m o N o :D :D -a E o 2 N E M O O or_ m U U M (6 (6 (1) Q Cr- C� C3 •� � � � � � � Q Q w � C: U -0- LL- +- O O Q W O N m O U m m o LL LL U LO 4 00 O O O p O O O O O O O O O O O O O O O O O On q N m w O w rl N rl N Lf� N rl O_ _ N (6 O A > N C: N p (n N O N U rl CO U O (6 W W m (6 T U) U- � - �j U) - C C m m (� O N Q m (n N d7 N � X •� � rl0 O(n W 4 O U N i N U Q 06 O (n m O U m !n i E U m U O U L N }' E ° O O O O O O 0 ° o o 4 o 07 �i LO � ° ° L ° O U N i N U Q 06 O (n m O U m !n i E U m U O U L N }' E O E n O m N N LO O� Lf7 N � N 00 N 06 Ln 00 C� 07 Ln N +� N M U m m E o 0r0 �O O O CEO ~O LO ti CO Q5 LO N N CO N N ti N O O O r-I O CO m 00 m m rl r-i ' O 00 CO m 07 CY) • .0 N � O CO N 00 CO Co 00 � N � 00 On O O � NO 00 O I-- O 00 C� 07 Ln N +� N M U m m E o O N O m ca �-_O N +� N M U m m E o MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr. City Manager DATE: July 30, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 RATIFICATION OF SCRWTDB ACTIONS ITEM BEFORE COMMISSION This is before the City Commission to ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarerly Meeting of July 18, 2013. BACKGROUND By a vote of 5 to 0, the SCRWTD Board approved the following actions: 1. Give authorization to approve the Third Amended Interlocal Government Agreement for biosolids processing and recycling ( "Agreement ") on the express condition that this agreement shall not be finalized by SCRWTDB and delivered to the authority until the authority provide written confirmation that it has the funds on hand ($2,037,588.00) to pay SCRWTDB and that upon delivery of the agreement to the authority, the authority will pay SCRWTDB the sum of $2,037,588.00. 2. Give authorization to add the Subsection 5. 1, "Sick Leave Donations ", to Section 5, "Sick Leave" of the Board Rules. Give authorization to amend Paragraph 5 Section 4, "Vacation Leave ", of the Board Rules. 4. Accept the 2013/2014 Organizational Chart and Salary Ranges. 5. Give authorization to establish user rate (O &M at $1.0326/1,000 gal and R &R Reserves at $0.1985/1,000 gal) to Delray Beach and Boynton Beach for Fiscal Year 2013/2014. 6. Give authorization to establish reclaim user rate at $0.19813/1,000 gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal Year 2013/2014. 7. Accept the 2013/2014 Wastewater and Reclaim O &M Budgets. RECOMMENDATION Recommend ratification of the action approved by the SCRWTD Board on July 18, 2013. . 'C L.N � `V RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, gave AUTHORIZATION TO APPROVE THE THIRD AMENDED INTERLOCAL GOVERNMENT AGREEMENT FOR BIOSOLIDS PROCESSING AND RECYCLING ( "AGREEMENT") ON THE EXPRESS CONDITION THAT THIS AGREEMENT SHALL NOT BE FINALIZED BY SCRWT &DB AND DELIVERED TO THE AUTHORITY UNTIL THE AUTHORITY PROVIDES WRITTEN CONFIRMATION THAT IT HAS THE FUNDS ON HAND ($2,037,588.00) TO PAY SCRWT &DB AND THAT UPON DELIVERY OF THE AGREEMENT TO THE AUTHORITY, THE AUTHORITY WILL PAY SCRWT &DB THE SUM OF $2, 037, 588.00. Note: Per Exhibit 6 of the Third Amended Interlocal Agreement, the Board will fund its portion of the new capital gas blender project in the amount of $110,625.00 from the proceeds derived from the sale of excess capacity. The remaining balance will be returned on a 50150 basis to each city upon receipt of funds by the Solid Waste Authority, WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of 7 , by a vote. CITY OF DELRAY BEACH By: Mayor /City Manager Attest: City Clerk Approved as to form: City Attorney F:IdocsIBOARD MEETI NGSIRATIFICATIONS12012- 20131Delray Beach Ratification 07- 18- 2013.docx INTERLOCAL GOVERNMENT AGREEMENT Ifs 7 BIOSOLIDS PROCESSING AND RECYCLING BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, FLORIDA AND SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DATED AS OF , 2013 TABLE OF CONTENTS Article I Definitions and Entire Agreement 1.1 Definitions 1.2 Entire Agreement Article II Construction and Payment for Construction 2.1 Commitment to Construct and Operate 2.2 Payment of Capital Costs; Utility Capacity 2.3 BPF Capacity Article III Operations and Management 3.1 Commitment to Supply Biosolids 3.2 Commitment to Accept and Process Biosolids 3.3 Biosolids Processing Facility Operations (a) Receiving Hours (b) O & M Plan (c) Laws, Rules, and Regulations (d) Biosolids Quality (e) Rejection of Deliveries of Unacceptable Biosolids (f) Weighing and Record Keeping Article IV Payment 4.1 Monthly Payment 4.2 O & M Costs /Ton and Reconciliation (a) O & M Costs /Ton (b) Annual Reconciliation to the Monthly Payment 43 Uncontrollable Circumstance and Performance 4.4 Changes in Laws (a) Changes in General Laws (b) Change in Environmental Law Article V Term 5.1 Term Article VI Dispute Resolution 6.1 Dispute Resolution 6.2 Payments Upon Resolution Article VII Indemnification 7.1 Indemnification 7.2 Survival 2 Page 4 8 9 9 10 10 11 11 11 11 li 11 11 12 12 12 12 12 13 14 14 14 14 15 15 15 16 Article VIII Miscellaneous 8.1 Representations, Warrantees, Approvals 8.2 Amendment and Modification 8.3 Notices 8.4 Assignment 8.5 Severability 8.6 Termination of Prior Interlocal Agreement Exhibit I — Summary of Capital Costs and List of Original Participants and Shares Exhibit II - Biosolids Quality Specifications Exhibit III -O & M Costs /Ton and Adjustments Exhibit IV -D & C Agreement Exhibit V -O & M Agreement Exhibit VI -Gas Blender Purchase Price 3 16 16 16 17 17 17 19 21 22 23 24 25 THIRD AMENDED INTERLOCAL GOVERNMENT AGREEMENT FOR BIOSOLIDS PROCESSING AND RECYCLING THIS THIRD AMENDED AGREEMENT, hereinafter called the "Agreement ", is made and entered into this day of , 2013 by and between SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an independent special district of the State of Florida, hereinafter called the "Utility ", and the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a special district created pursuant to Chapter 75 -473, Laws of Florida, as amended, hereinafter called the "Authority ". WITNESSETH WHEREAS, the Utility owns, operates, and manages Wastewater Treatment Facilities (as defined herein); and WHEREAS, such Wastewater Treatment Facilities generate domestic wastewater residuals referred to as Biosolids (as defined herein) as a residual of the treatment process; and WHEREAS, the Utility desires to secure an efficient, long -term, and environmentally sound method to recycle and beneficially reuse the Biosolids produced; and WHEREAS, the Federal Government and the State of Florida encourage the recycling and beneficial reuse of residuals including Biosolids; and WHEREAS, the Authority can provide for the beneficial reuse of Biosolids by means of recycling through the process of drying and pelletization; and WHEREAS, such processing facility will produce, among other things, Biosolids Beneficial Reuse Products for use in the commercial fertilizer industry; and WHEREAS, the Utility and the Authority mutually find it in the public interest to cooperate in the recycling of Biosolids and production of Beneficial Reuse Products; and WHEREAS, Utility has agreed to sell excess Utility Capacity Shares in accordance with provisions of the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Utility and the Authority agree as follows: ARTICLE I — DEFINITIONS AND ENTIRE AGREEMENT 1.1 Definitions For the purposes of this Agreement, the following terms shall have the meanings set forth below: 4 "Acceptable Deliveries" means the delivery by the Utility or its agent of Biosolids that meet the requirements set out in Exhibit II. "Accept, Accepted or Acceptance" means the receipt by the BPF of Biosolids from the Utility. "AL Gate Fee" means the prevailing disposal rate for delivery of Biosolids to the Alternate Location. "Alternate Location" or "AL" means the Authority Landfill located at 45"' Street and North Jog Road in West Palm Beach, Florida, or other locations as mutually agreed upon. "As Received Weight or Wet Tons" means the weight of Biosolids as delivered by the Utility to the BPF or Alternate Location, with no adjustment made for moisture content. "Base Processing Fee" has the meaning as shown in Exhibit III. "Beneficial Reuse Products" or "BRUP" means the end product of the sludge drying process that meets or exceeds the requirements of Chapter 62- 640.850, F.A.C., or it's successor regulations, for Class AA Residuals that is produced by the BPF from Biosolids. "Beneficial Re -Use" means the sale or distribution of BRUP to others to be used for recycling purposes. "Billing Period" means each calendar month in each Fiscal Year, except that the initial Billing Period shall begin on the Operations Commencement Date and end with the last day of the month in which the Operations Commencement Date occurs. "Biosolids" means material as specified in Exhibit II. "Biosolids Processing Facility or BPF" means the regional facility constructed (or to be constructed) by the Authority, for itself and on behalf of the Utilities, for the purpose of accepting Biosolids from the Utility and others for processing into BRUP. "Capital Costs" means the Utility's share of the capital costs of the design, development, permitting, construction, and acceptance testing of the BPF as provided for in Exhibit I. "Change in General Law" means any change in the Federal, State, or Local laws, rules, regulations, or requirements after June 15, 2004 which has, or may reasonably be expected to have, a direct or indirect, material, and adverse effect upon the cost to the Authority of constructing, operating, maintaining, or modifying the BPF or the performance of the BPF, excluding a Change in Environmental Law, or an effect upon the cost to the Utility of producing or delivering to the BPF acceptable Biosolids as referred to and specified in Exhibit II. General Change in Law shall not include: 5 a) general economic conditions, interest or inflation rate fluctuations, commodity prices or changes in prices, or currency or exchange rate fluctuations; b) union work rules that increase the operating cost of the BPF; C) any change in prevailing wage laws that impact the cost of operating and constructing the BPF; d) any change in Federal, State, or local tax laws, or any other tax law. The parties agree that the costs, if any, associated with the types of changes in law described in a) through d) above shall be recovered in the annual adjustment to the Base Processing Fee described in Exhibit III to this Agreement. "Change in Environmental Law" shall only mean a change in the Federal, State, or Local laws, rules, regulations, permits, or requirements after June 15, 2004 which has, or may reasonably be expected to have, a direct, material, and adverse effect upon the cost to the Authority of constructing, operating, maintaining, or modifying the BPF or the performance of the BPF related solely to changes in the chemical or physical properties of the BRUP produced to allow for Beneficial Re -Use, or changes in the quality of the air discharged from the BPF, or to changes to the quality of the effluent discharged or stormwater discharged from the BPF. "Contractor" means New England Fertilizer Company that has contracted with the Authority to design, build, acceptance test, operate and maintain the BPF and market the BRUP. "D & C Agreement" means the Design and Construction Agreement entered into by the Authority with New England Fertilizer Company for the design, construction, check out, and acceptance testing of the BPF and attached hereto as Exhibit IV. 46Effective Date" means the date of this Agreement first written above. "Fiscal Year" means the Authority's fiscal year which currently is October 1 through September 30, or as may be adjusted from time to time. "Monthly Payment" shall have the meaning as set out in Section 4.1 hereafter. "O & M Agreement" means the Operations and Maintenance Agreement entered into by the Authority with New England Fertilizer Company for the operation and maintenance of the BPF and the marketing of BRUP and attached hereto as Exhibit V. G40 & M Costs/Ton" means the total of the actual costs of the applicable Base Processing Fee /Ton, Pass Through Costs /Ton, and Solid Waste Authority (SWA) Administration Costs /Ton as are shown in Exhibit III. "O & M Plan" means a written description of the operations, hours of operation, hours during which the BPF shall Accept Biosolids, vehicle procedures at the receiving area at the BPF and the Alternate Location, handling of unacceptable Biosolids, vehicle procedures at the delivery area, traffic routing, weighing and billing procedures, backup plan if the Authority's scale facilities become inoperable, and emergency notification 6 procedures, which will be, or has been, prepared in accordance with the O & M Agreement. "Operations Commencement Date" means August 9, 2009, the date of the written notice from the Authority to the Utility stating that the BPF has been placed into commercial operation and is able to Accept Biosolids. "Original Participants" mean the parties listed in Exhibit I -B. "Party" means either the Authority or the Utility, or both, as the context of the usage of such term may require. "Participants" mean the Original Participants, and their successors and assigns, and other utilities entering into similar agreements with the Authority for delivery and processing of Biosolids at the BPF. "Person" means the Original Participants, and their successors and assigns, and any legal entity including, but not limited to, any individual, corporation, partnership, joint venture, association, joint -stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof. "Receiving Hours" means the hours set forth in the O & M Plan during which the Utility may deliver, and the Authority shall Accept, Biosolids, and which shall include each Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, excluding Thanksgiving Day and Christmas Day. "Receiving Day" means the days during which the Utility may deliver, and the Authority shall Accept, Biosolids, and which shall include each Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, excluding Thanksgiving Day and Christmas Day. "State" means the State of Florida. "Term" shall have the meaning set forth in Section 5.1 herein. "Ton" shall mean 2,000 pounds avoirdupois. "Uncontrollable Circumstance" means an act, event, or condition that has a direct, material, and adverse effect on the rights or obligations of a Party under this Agreement, if such act, event, or condition could not have been avoided by the exercise or use of reasonable care or precautions and is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or not complying with a condition required of such Party under this Agreement. Such acts, events, or conditions shall include, but shall not necessarily be limited to, the following: (a) an act of God, hurricanes, tornadoes, epidemic, landslide, lightning, earthquake, fire or explosion, flood or similar occurrence, an act of public enemy, war, blockade, insurrection, riot or civil disturbance, sabotage, or similar occurrence; (b) the order, or injunction or judgment of any Federal, State, or local court, administrative agency or governmental body or officer with jurisdiction in the Utility, including any exercise of the power of eminent domain, police power, condemnation, or other taking by or on behalf of any public, quasi- 7 public, or private entity, provided, however, that such order or judgment shall not arise in connection with or be related to the negligent or willful act, error, omission, or inaction of the Party relying thereon and that neither the contesting in good faith of any such order or judgment nor the reasonable failure to so contest shall constitute or be construed as a willful or negligent action or inaction of such Party; (c) the failure to issue, or the suspension, termination, interruption, denial of renewal of any permit, license, consent, authorization or approval essential to a Parry to carry out its obligations pursuant to this Agreement, if such act or event shall not arise in connection with or be related to the negligent or willful act, error, omission, or inaction of the Party relying thereon and that neither the contesting in good faith of any such order or judgment nor the reasonable failure to so contest shall constitute or be construed as a willful or negligent action or inaction of such Party; (d) the failure of any appropriate Federal, State, or local agency or public or private utility having operation jurisdiction with respect to the BPF to provide, and maintain and assure the provision of, all utilities necessary for the operation of the BPF; (e) any subsurface condition which shall prevent, or require a redesign or change in the construction, or directly adversely affect the Scheduled Acceptance Date; provided however, that the condition was unknown to the Contractor taking into account the information made available to the Contractor by the Authority prior to the contract Date and the generally recognized geology of Florida in which the BPF site is located, provided however, that groundwater in any quantity, as opposed to quality, shall not be considered an Uncontrollable Circumstance; (f) the provisions of this paragraph and, in particular, of subparagraphs (a) through (e), above, shall never be interpreted as describing an Uncontrollable Circumstance if the situation or condition at issue is the direct or indirect result of a party's violation of, or failure to comply with, any existing Federal, State, or local statute, law, rule, ordinance, regulation, or requirement or any Federal, State, or local statute, law, rule, ordinance, regulation, or requirement enacted after the Effective Date of this Agreement or any change in any existing Federal, State, or local statute, law, rule, ordinance, regulation, or requirement which change occurs on or after the Effective Date of this Agreement. "Utility Capacity" means the Utility's share of the BPF total annual throughput capacity as set out in Section 2.2 hereafter. "Wastewater Treatment Facilities" means the wastewater treatment plants that the Utility owns, operates, and manages, or causes to be operated and managed. "WTD" means wet Tons per day. "WTY" means wet Tons per year. 1.2 Entire Agreement 8 The following Exhibits are attached hereto, are incorporated by reference, and are made part of this Agreement. Exhibit I — Summary of Capital Costs and List of Original Participants and Shares Exhibit II- Biosolids Quality Specification Exhibit III- O & M Costs /Ton and Adjustments Exhibit IV- D & C Agreement Exhibit V —O & M Agreement Exhibit VI — Gas Blender Purchase Terms This Agreement, together with the foregoing Exhibits, constitutes the entire Agreement between the Authority and the Utility and supercedes all other negotiations, representations, or agreements, either oral or written, with respect to the matters contained herein. The Article and Section headings in this Agreement are for convenience and reference only and shall not be considered in construing this Agreement. ARTICLE R — CONSTRUCTION AND PAYMENT FOR CONSTRUCTION 2.1 Commitment to Construct and Operate The Authority has caused the BPF to be designed, constructed, permitted, and acceptance tested on or before the date as determined in accordance with the D & C Agreement, on lands which it owns at 45h Street and North Jog Road in West Palm Beach, Florida, in accordance with all applicable local, state, and federal rules and regulations in place at the time of the Operations Commencement Date. 2.2 Payment of Capital Costs; Utility Capacity Utility has paid its proportionate share of the Capital Costs of the BPF. The Capital Costs include all the costs to develop, design, construct, permit, and acceptance test the BPF, including without limitation, all labor, material, supplies, contractors, and subcontractors costs, land costs, easement costs, costs of providing utilities, taxes, consulting fees, legal fees, interest charges, insurance premiums, and the like. This payment of the Capital Cost is the consideration for the Utility's 21.75% share of the BPF's original capacity, 7% of which is being sold to East Central Regional Wastewater Treatment Facilities Operation Board (ECR). On or before the Effective Date the Authority shall distribute to the Utility the amount shown on Exhibit I -A and thereupon Utility's capacity share shall be equal to 27,996 Wet Tons of Acceptable Deliveries annually (the "Maximum Annual Delivery ") or 14.75 %0 of the total BPF capacity (the "Utility Capacity Share ") with delivery not to exceed a maximum of 89 Wet Tons of Acceptable Deliveries per Receiving Day (the "Maximum Daily Delivery "). The Utility shall own this share of the BPF's capacity in perpetuity for the life of the BPF. If Utility delivers Biosolids in excess of Utility's Maximum Daily Delivery, the excess Tons may be accepted at the BPF, sent to the AL or delivered to a third party for disposal. If sent to the BPF or to the AL, Utility will be charged the AL Gate Fee in the monthly invoice for the excess Tons subject to the annual reconciliation provided in Section 4.2(b). 9 If Utility delivers Biosolids in excess of Utility's Maximum Annual Delivery, the excess Tons may be accepted at the BPF, sent to the AL or delivered to a third party for disposal. If sent to the BPF or to the AL, Utility will be charged the AL Gate Fee in the monthly invoice for the excess Tons, subject to the annual reconciliation provided in Section 4.2(b). If Utility delivers Biosolids in excess of the BPF Daily Maximum of 600 WTD, but less than Utility's Maximum Daily Delivery, they may be sent to the AL. Utility will be charged the AL Gate Fee in the monthly invoice for the excess Tons, subject to the annual reconciliation provided in Section 4.2(b). During the annual reconciliation provided in Section 4.2(b), Authority will determine if the Utility's excess Tons were Accepted at the BPF or at the AL and will also determine if Utility's excess Tons caused another Participants Acceptable Delivery (less than their Maximum Daily Delivery) to be delivered to the AL and whether an adjustment is required. 2.3 BPF Capacity The selected operator has guaranteed to process a minimum of 189,800 WTY based on an average of 520 WTD (at a minimum average 15% solids content) on a 365 -day annual basis, and a maximum daily processing rate of approximately 600 WTD per each Receiving Day (the "BPF Daily Maximum "). In the event the capacity of the BPF is ever increased above the 189,800 WTY as stated above, the Utility shall have the right to participate pro -rata in any such increase. ARTICLE III — OPERATIONS AND MANAGEMENT 3.1 Commitment to Supply Biosolids On and after the Operations Commencement Date, the Utility shall deliver all of the Biosolids generated by the Wastewater Treatment Facilities on a regular basis to the BPF. The delivery schedule will be determined as part of the development of the O & M Plan and will be agreed upon by both parties. Beginning with the Operations Commencement Date, the Utility shall deliver a minimum of 13,459 Wet Tons of Acceptable Deliveries (the "Minimum Commitment ") during each Fiscal Year, except that the Minimum Commitment shall be prorated for the Fiscal Year during which the Operations Commencement Date occurs. The delivery of Biosolids other than to the BPF or the Alternate Location shall be considered a material breach of this Agreement unless such deliveries are in excess of the Utility's Maximum Daily Delivery or Maximum Annual Delivery, or otherwise agreed upon by both parties. Notwithstanding the above, Utility may, without approval by Authority, deliver amounts of Biosolids that exceed the Utility's Maximum Daily Delivery or Maximum Annual Delivery to another site, and may deliver Biosolids to another site on non- Receiving Days at the BPF. The failure of the Utility to deliver the Minimum Commitment shall result in a charge to the Utility equal to the product of the difference between the actual Acceptable Deliveries delivered by the Utility and the Minimum Commitment, times the first level Operator Contract Fee, as adjusted, set out in Exhibit 111, and shall be billed to the Utility as provided in Section 4.2 (b) below. However, if all deliveries of Biosolids to the BPF by 10 all Participants and users of the BPF, meet the total minimum Biosolids delivery commitment as required by the O & M Agreement (the "Put /Pay Level "), then Utility shall not be required to pay the charge described in the previous sentence for that amount of shortage in making the Minimum Commitment after the Put/Pay Level is reached. 3.2 Commitment to Accept and Process Biosolids On and after the Operations Commencement Date, the BPF shall accept and process Biosolids from the Wastewater Treatment Facilities delivered to the BPF or the Alternate Location as designated by the Authority. On and after the Operations Commencement Date, the Authority's obligation to Accept and process Biosolids at the BPF meeting the specifications contained in Exhibit II shall only be relieved by, and only to the extent of, an Uncontrollable Circumstance that prevents or partially prevents such Acceptance and processing. Should an Uncontrollable Circumstance occur, the Authority shall continue to accept Biosolids at the BPF or Alternate Location until such time that the Uncontrollable Circumstance is corrected or resolved. 3.3 Biosolids Processing Facility Operations (a) Receiving Hours The Authority shall cause the BPF to be operated, and shall Accept Biosolids delivered by or on behalf of the Utility during the Receiving Hours in accordance with the O & M Plan. At a minimum, the BPF shall accept Biosolids six (6) days per week. (b) O & M Plan The Authority shall develop, maintain, and update from time to time an O & M Plan as defined above, mutually acceptable to the Authority and the Utility. (c) Laws, Rules, and Regulations The Authority shall cause the BPF to be operated in compliance with all applicable Federal, State, and local laws, rules, regulations, ordinances, and permits, as amended from time to time. (d) Biosolids Quality Biosolids to be delivered by the Utility to the Authority for processing shall meet the Biosolids Quality Specifications as specified in Exhibit Il. All utilities that are producing digested Biosolids at the time of signing this Agreement shall deliver only digested Biosolids to the BPF. All utilities that are producing undigested Biosolids at the time of signing this Agreement may deliver undigested Biosolids to the BPF until such time as Utility chooses to produce digested Biosolids. Utility agrees to use its best efforts to have all Biosolids delivered to the BPF in vehicles dedicated for Biosolids transportation only. (e) Rejection of Deliveries of Unacceptable Biosolids The Authority or the Contractor shall have the right to reject the delivery and prohibit the unloading of Biosolids not meeting the Quality Specifications as indicated in Exhibit II. The Authority or Contractor shall immediately notify the Utility of such rejection and the Utility shall either: (i) take possession of, and remove from the BPF or the Authority's premises, such unacceptable Biosolids; 11 or (ii) request that the Authority or Contractor dispose of such unacceptable Biosolids. If the Authority or Contractor does not agree to dispose of such unacceptable Biosolids, the Utility shall promptly remove such unacceptable Biosolids. If the Utility requests that the Authority or Contractor dispose of such unacceptable Biosolids and the Authority agrees, the Authority or Contractor will dispose of said material by alternative methods consistent with current laws and regulations. The Utility will pay a disposal fee equal to the then applicable Base Processing Fee in addition to the O & M Costs /Ton for all such materials disposed of by the Authority or Contractor other than at the BPF. (f)Weighing and Record Keeping All Biosolids and unacceptable Biosolids delivered by or on behalf of the Utility, and all unacceptable Biosolids returned by or on behalf of the Utility, shall be weighed on an As Received Weight basis at the Authority's designated scale facilities which shall be certified at least annually by the State. The Authority shall maintain all weight records for a period of at least three (3) years and will make such records available to the Utility at the Utility's request. ARTICLE N — PAYMENT 4.1 Monthly Payment After the Operations Commencement Date, and on or before the fifteenth (15th) day of each'Billing Period thereafter during the term of this Agreement, the Authority shall submit to the Utility an itemized invoice for services rendered to the Utility during the previous Billing Period which shall include: (a) the daily and total quantities of As Received Weight of Biosolids delivered to the BPF during the Billing Period by the Utility and by all users combined; and (b) the Monthly Payment due the Authority by such Utility calculated as the product of the Total O & M Costs /Ton as set out in Exhibit III times the total As Received Weight of Biosolids delivered by the Utility during the Billing Period, plus any additional charges for excess deliveries above the Utility's Maximum Daily Delivery calculated as the product of the As Received Weight of Biosolids times the AL Gate Fee, plus any additional charges associated with disposal of such Utilities unacceptable Biosolids as provided for in section 3.3(e). The Monthly Payment shall be payable by the Utility to the Authority within thirty (3 Q) days from receipt of the invoice by the Utility. 4.2 O & M Costs /Ton and Reconciliation (a) O & M Costs /Ton. The O & M Costs /Ton is designed to cover all costs of the BPF not included in the Capital Cost, including, but not limited to, the complete cost of administering, (including all Authority costs of administration of the BPF and related contracts, supervision, consulting fees and legal fees), operating and maintaining the BPF and the landfill gas delivery system. On and after the Operations Commencement Date, and during the full term of this Agreement, the O &M Costs /Ton shall be budgeted annually as set out in Exhibit III, subject to the adjustments detailed therein and other applicable provisions of this Agreement. 12 (b) Annual Reconciliation to the Monthly Payment. Within 120 days of the end of each Fiscal Year, the Authority shall make an annual reconciliation to the Utility for the prior Fiscal Year which shall account for debits or credits for the items listed below and shall be reflected in the next Monthly Payment invoice submitted to the Utility after such reconciliation is issued: 1) Any changes in the actual O & M Costs /Ton resulting from the application of the Base Processing Fee due to increased levels of Acceptable Deliveries delivered to the BPF during the past Fiscal Year; 2) Any deviation in the actual costs of Pass Through Costs per Ton from the budgeted Pass Through Costs per Ton as set out in Exhibit III; 3) Any charges for Utility's failure to meet the Minimum Commitment as set out in Section 3.1 above; and 4) If Utility delivered Biosolids in excess of the Utility's Maximum Annual Delivery or Maximum Daily Delivery that were Accepted at the BPF and did not cause other Biosolids to be disposed at the AL, Utility shall be credited the difference between the actual reconciled O &M Cost/Ton and the AL Gate Fee charged during the monthly invoice. 5) If Utility delivered Biosolids in an amount less than UtiIity's Maximum Daily Delivery but the AL Gate Fee was imposed due to exceeding the BPF Daily Maximum of 600 WTD, Utility shall be credited the difference between the actual reconciled O &M Cost/Ton and the AL Gate Fee charged during the monthly invoice. 4.3 Uncontrollable Circumstance and Performance (a) If either Party fails to perform any of its obligations pursuant to this Agreement, and if such failure to perform was caused by an Uncontrollable Circumstance, then the Parties shall cooperate to remove, reduce, or eliminate the adverse effect of such Uncontrollable Circumstance. During the period of time impacted by the Uncontrollable Circumstance:(i) the Utility shall continue to deliver, or cause to be delivered, all of the Biosolids from its Waste Water Treatment Facilities to the extent it is able to do so; and (ii) the Authority shall Accept and process Biosolids and produce BRUP at the BPF to the extent it is able to do so; and (iii) the Authority shall Accept the Utility's Biosolids at the Alternate Location to the extent that it is not able to do so at the BPF. (b) Neither Party shall be responsible for paying any additional costs incurred by the other, including, but not limited to additional capital, operating, maintenance, or repair costs, O & M Costs /Ton or any other costs or fees due to, or caused by, an Uncontrollable Circumstance that occurs during the term of this Agreement. Provided however, in the event of an Uncontrollable Circumstance that results in damage or a condition of the BPF that requires repair or modification of the BPF, and there is no liability or obligation on the part of the Contractor for the cost of such 13 repair or modification, and there are insufficient or no insurance benefits to cover such costs, then each Utility shall be responsible and liable for its prorate share of such costs based on each Utility Capacity share. Such costs shall be billed to each Utility on a monthly basis as such costs are incurred. 4.4 Changes in Laws (a) Changes in General Laws. Neither the Authority nor the Utility shall be responsible for paying any additional costs incurred by the other, including, but not limited to additional capital, operating, maintenance, or repair costs, O & M Costs /Ton or any other costs or fees due to or caused by a Change in General Law, unless otherwise specifically provided in this Agreement. (b) Change in Environmental Law. In the event of a Change in Environmental Law (as defined herein) that has a direct, material, and adverse effect upon the cost to the Authority of operating, maintaining, or modifying the BPF, the Authority and Utility shall mutually negotiate any necessary capital cost contribution or any necessary increase in the O & M Costs /Ton commensurate with the necessary cost. In the event the Parties arc unable to mutually agree, then the increase shall be determined in accordance with Article VI herein. ARTICLE V — TERM 5.1 Term The Term of this Agreement shall extend until August 9, 2029, unless terminated sooner or extended in accordance with the terms of this Agreement. Upon the conclusion of the term of this Agreement, the BPF shall remain the property of the Authority. Notwithstanding any other provision of this agreement to the contrary, the Utility shall own its Utility Capacity Share of the capacity of the BPF, in perpetuity, for the life of the BPF. At least five (5) years prior to the termination of the O & M Agreement the Participants shall jointly determine if the BPF shall continue in operation or if the operation thereof shall cease. The determination shall be made upon a written vote of all Participants as called by the Authority at least 5 years prior to the termination of the O & M Agreement. Each Participant shall be entitled to one vote. A unanimous vote of the Participants shall be required to terminate the operation of the BPF. If there is a unanimous vote to continue the operation of the BPF then the Authority, with consultation of the Participants, shall initiate procurement of a contract operator and a determination of any rehabilitation, upgrade or improvements that should be made to the BPF. All costs incurred in the solicitation and contracting for an operator as well as any and all necessary costs to rehabilitate, upgrade or improve the BPF shall be shared pro rata by all Participants based on their Utility Capacity Shares. If all of the Participants, other than the Authority, vote to continue the operation of the BPF, and the Authority chooses not to continue the operation of the BPF, or if all of the Participants, other than the Authority, vote to discontinue 14 the operation of the BPF, but the Authority chooses to keep the BPF, the Authority shall compensate all the other Participants, pro rata based on their Utility Capacity Shares, for the then fair market value of the BPF. The fair market value shall be determined by the average of two appraisals, one selected by the Authority and one selected by the remaining Participants. The fair market value appraisals shall not include the value of the land or any other Authority property not included in the capital cost basis of the BPF shared by the Participants. The compensation shall be paid to the Participants within 90 days of the determination of fair market value. If all of the Participants, including the Authority, vote to discontinue the BPF then all Participants shall, pro rata based on their Utility Capacity Shares, contribute to all costs of removing the BPF and all connections, utilities, etc. and restoring the land to grade level. All costs to be shared as provided in this Section shall be paid within 90 days of an invoice for same sent by the Authority, unless other agreement for payment is made. In the event there are not unanimous votes cast (except as set out above where the Authority is the only dissenting vote) to either continue or terminate the operation of the BPF, the Participants will then enter into negotiations to determine the future of the BPF and its operation. If such negotiations have not been concluded and a unanimous determination made by the Participants within 6 months of the original vote, then, the Participants shall be deemed to have voted unanimously to discontinue operation of the BPF. The dispute resolution process set forth in Article VI shall not apply to negotiations initiated due to the failure to reach a unanimous vote regarding whether to continue or terminate the operation of the BPF. Nothing in this Agreement shall prohibit a Participant from seeking to find a replacement utility to buy or accept such Participants rights and ownership of their Utility Capacity shares in the BPF, provided such utility is approved in writing as acceptable to the Authority, such approval not to be unreasonably withheld. ARTICLE VI — DISPUTE RESOLUTION 6.1 Dispute Resolution All disputes between the Utility and the Authority shall be resolved first by resort to negotiation, then by mediation with a mutually agreed upon mediator with each Party sharing the costs, and finally, after these options have been exhausted, either Party may initiate arbitration in accordance with Section 6.2, Arbitration, hereafter. 6.2 Arbitration To the extent permitted by law, unless otherwise specified in this Agreement, any single controversy arising under this Agreement, which the parties are unable to resolve by mutual agreement shall be submitted to binding arbitration. Either parry may initiate arbitration by giving to the other written notice of its desire to have a matter arbitrated which shall precisely designate the specific matter to be resolved and shall designate the arbitrator selected by such initiating party, in which event a hearing thereon shall commence within sixty (60) days of the date of the request for arbitration. If the controversy affects all of the Participants or if a resolution of the 15 controversy will affect all of the Participants, then written notice shall be given to all of the Participants and such Participants may elect to participate in the arbitration. The issues shall be submitted to arbitration in accordance with the then current rules of the American Arbitration Association (AAA) and this Agreement. Subject to the provisions of this Section 6.2, any decision of the arbitrators in any such arbitration shall be conclusive as to the matters submitted to them, shall be final and binding upon the parties hereto and may be enforced in any court of competent jurisdiction. Any rule of the AAA to the contrary notwithstanding, the issues under arbitration shall be heard and decided by a panel of three (3) arbitrators, all of whom shall be: (i) registered professional engineers for disputes involving engineering or construction issues or (ii) lawyers for disputes not involving engineering and construction issues; and of whom one (1) arbitrator shall be designated by the Authority, one (1) arbitrator shall be designated by the Utility and the third to be mutually acceptable to the Authority and the Utility. No individual who is, or has at any time been, an officer, employee, representative or consultant of either the Authority or the Utility or any affiliates thereof, shall be an arbitrator without the express written consent of the other party. Within ten (10) Business Days of receipt of a request for arbitration, the non - initiating party shall select an arbitrator and shall notify the initiating party of the selected arbitrator, and the two designated arbitrators shall select the third arbitrator within ten (10) Business Days of such notice, and in the event that they are unable to agree on a third arbitrator within such time, or if the non - initiating party fails to name an arbitrator within the time provided, then either of the parties may request the AAA select the second and/or third arbitrator. Any decision on the issue or issues properly before the panel, including the sharing of the cost of arbitration, must be joined in by at least two (2) of the members of such panel Any such decision shall be final and binding upon the parties, subject to review as provided by Florida law and the provisions of this Section. In the case of any controversy not subject to arbitration or resulting in a non - binding decision, the parties shall have all of their rights and remedies otherwise available to them in law or in equity. In the event of a binding arbitration decision, such review shall be based upon the record of the arbitration hearing and neither party shall be entitled to a trial de novo of such issues. The arbitrators shall conduct the proceedings in the manner the arbitrators deem appropriate, consistent with basic standards of fairness and due process. All arbitration proceedings shall be held in Palm Beach County, Florida or such other location as is mutually agreeable to the Authority and the Utility. The arbitrators shall decide the matters submitted based upon the evidence presented, the terms of this Agreement and the governing law. The Florida Rules of Civil Procedures and the Florida Evidence Code shall be followed. The arbitrators shall issue a written award that shall state the basis of the award and include detailed findings of fact and conclusions of law. An appropriate court of competent jurisdiction may enter judgment upon any award, either by confirming the award or by vacating; modifying or correcting the award. The court shall vacate, modify or correct any award (1) where the arbitrators' findings of fact are not supported by competent substantial evidence; or (2) where the arbitrators' conclusions of law are erroneous. For purposes of this Section 6.2, all determinations by the arbitrators as to the existence, validity, enforceability, interpretation, application or breach of this Agreement shall be deemed to be conclusions of law. It is the parties' intent that the reviewing court shall independently review all conclusions of law made by the arbitrators, without being bound in any way by the arbitrators' determinations of law. 6.3 Payments Upon Resolution If either the Authority or the Utility has withheld payment of any amount in dispute, upon resolution of such dispute, the non - prevailing Party shall pay to the prevailing Parry the disputed amount (or as much thereof as shall be determined to be due) plus interest at the legal prejudgment rate from the date on which such amount was due to the date of payment. ARTICLE VII— INDEMNIFICATI ®N 7.1 Indemnification Each Party shall be liable for its own actions and negligence or wrongful acts and, to the extent permitted by law, the Utility shall indemnify, defend, and hold harmless the Authority against any actions, claims, or damages arising out of the Utility's negligence or wrongful acts in connection with this Agreement, and the Authority shall indemnify, defend, and hold harmless the Utility against any actions, claims, or damages arising out of the Authority's negligence, or wrongful acts, in connection with this Agreement, provided that if one party may not legally indemnify the other, then neither party shall indemnify the other. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall same be construed to constitute agreement by either Party to indemnify the other Party for such other Party's negligent, willful, or intentional acts or omissions. 7.2 Survival This Article VII shall survive the termination of this Agreement. ARTICLE VIII — MISCELLANEOUS 8.1 Representation, Warrantees, Approvals The Parties represent and warrant to each other that upon execution of this Agreement: (a) the Parties have the power and authority to enter into this Agreement and to carry out their respective obligations hereunder; (b) the Parties have taken all legal actions necessary to authorize them to enter into and perform their respective obligations hereunder; (c) entering into and performing this Agreement does not violate any statute, rule,. regulation, order, writ, injunction, or decree of any court, administrative agency, or governmental body or violate any agreement by which a Party is bound; (d) this Agreement has been duly entered into by the Party and constitutes a legal, valid, and binding obligation of the Party; (e) there is no litigation or proceeding pending or threatened against a Party which could materially or adversely affect the performance of this Agreement; and (f) the Parties have obtained all approvals as may be required to permit their respective performance of the obligations of this Agreement. Except as expressly provided herein, the Parties make no representations or warranties and waive no rights or remedies. 8.2 Amendment and Modification This Agreement shall only be modified or amended by a written agreement duly signed by the persons authorized to sign agreements on behalf of the Authority and the Utility. 17 Any such amendments or modifications shall be numbered in ordinal sequence and titled accordingly. 8.3 Notices Any notices required in this Agreement shall be sent in writing, certified mail return receipt requested, to the Parties at the addresses listed below, unless either Party shall inform the other Party in writing of any change in that address. If to the Authority: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Director of Engineering If to the Utility: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Ave. Delray Beach, FL 33445 Attention: Utilities Director 8.4 Assignment It is expressly understood and agreed that this Agreement is between the Authority and the Utility and that the Authority and the Utility shall have no right to assign this Agreement or any portion thereof without the prior approval of the other party. 8.5 Severability In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of, or to, this Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action, remain in full force and effect. 8.6 Superseding of Prior Interlocal Agreement All prior versions of Interlocal Government Agreement for Biosolids Pelletization and Recycling entered into by and between the Parties are hereby superseded by this Agreement. THE REMAINDER OF THIS PAGE IS BLANK 18 IN WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, at a regular meeting thereof, by action of the Authority Board authorizing and directing the foregoing to be adopted, has caused these presents to be signed by its Executive Director, and its seal to be hereto affixed, and the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD of Delray Beach, Florida has authorized and caused the execution of this Agreement, all as of the day, month, and year first above written. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: By: Attest: Mark Hammond, Executive Director Sandra Vassalotti, Clerk of the Board Approved as to Form and Legal Sufficiency: M. Counsel to the Authority SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD: I� Approved as to Form and Legal Sufficiency: Chair Board Attorney Attest: Clerk Approved as to Terms and Conditions: Department Director Approved by Authority Board on , 2013, Item Approved by the Utility on , 2013, Item 19 EXHIBIT I A) SUMMARY OF CAPITAL COSTS B) LIST OF ORIGINAL PARTICIPANTS AND SHARES A) Summary of Capital Costs Project Development: Right -of -Way Abandonment 25,305 Preliminary Design & Permitting 934,239 RFQ /RFP 498,000 Grant Funding 290,867 Infrastructure Design & Construction 3,059,073 Sub Total: 4,807,484 Project Capital Cost: Facility Construction 29,199,968 Technical Services During Constniction 3,054,778 Sub Total: 32,254,746 Total Development & Capital: 379062,230 Less Grant Funding: Original Grant (3,225,000) Less Federal Admin Chrg. 51,500 Net Grant: (3,173,500) SubTotal: 33,888,730 Contingency - - -0 - -- Total Net Capital Cost 33,888,730 UTILITY original share = 21.75% $7,370,799 Less Prepaid 15� 6,000) Net Total Due for UTILITY $7,214,799 Less 7% Capacity Sale to ECR (2,037,588) Net Final Capital Cost $5,177,211 20 EXHIBIT I B) List of Original Participants and Shares Palm Beach County Water Utilities Department P.O. Box 16097 West Palm Beach, Fl 33416 -6097 South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Ave Delray Beach, FL 33445 City of Boca Raton Utilities Department 201 West Palmetto Park Road Boca Raton, F133432 -3795 Loxahatchee River Environmental Control District 2500 Jupiter Park Dr Jupiter, Fl 33458 -8964 Solid Waste Authority /Seacoast 7501 North Jog Road West Palm Beach, Fl 33412 East Central Regional Wastewater Treatment Facilities Operation Board 4325 N. Haverhill Road West Palm Beach, Fl 33409 BPF O &M Agreement Sections 2.01 (A) and 2.03 (A) Capacity Minimum annual delivery commitment Fiscal Year average maximum daily Processing capacity Maximum daily Processing capacity Maximum annual Processing capacity Capacity Share 17.82% Minimum Annual Commitment 16,261 WTY Maximum Daily Delivery 107 WTD Maximum Annual Delivery 33,822 WTY Capacity Share 14.75% Minimum Annual Commitment 13,459 WTY Maximum Daily Delivery 89 WTD Maximum Annual Delivery 27,996 WTY Capacity Share 10.27% Minimum Annual Commitment 9,371 WTY Maximum Daily Delivery 62 WTD Maximum Annual Delivery 19,492 WTY Capacity Share 8.96% Minimum Annual Commitment 8,176 WTY Maximum Daily Delivery 54 WTD Maximum Annual Delivery 17,006 WTY Capacity Share 12.37% Minimum Annual Commitment 11,288 WTY Maximum Daily Delivery 73 WTD Maximum Annual Delivery 23,478 WTY Capacity Share 35.83% Minimum Annual Commitment 32,695 WTY Maximum Daily Delivery 215 WTD Maximum Annual Delivery 68,005 WTY 21 100.00% 91,250 WTY 520 WTD 600 WTD 189,800 WTY EXHIBIT It BIOSOLIDS QUALITY SPECIFICATIONS The successful operation of the Biosolids Processing Facility (BPF) requires that the Biosolids to be received meet the minimum requirements outlined below. Biosolids shall have minimum solids content of 13 percent solids by weight, with a weekly average of not less than 15 percent solids. The facility shall have the right to reject any shipment that is below the 13 percent solids or that fails to meet the 15 percent average. No add mixtures or foreign material (i.e. Sawdust, etc.) will be accepted as a means to increase solids content. No lime - stabilized Biosolids shall be Accepted by the BPF. Digested sludge must meet class B standards for vector attraction and pathogen reduction as provided for in Chapter 62 -640 F.A.C. However, it is acknowledged by the Parties that Utility is producing undigested Biosolids and may deliver undigested Biosolids to the BPF until such time as Utility chooses to change. All Sludge shall be delivered to the BPF in covered watertight Semi -truck dumping trailers or dump trucks capable of dumping into a hopper from the rear of the truck. Contributors to the BPF shall provide copies of their Biosolids monitoring and testing data that is required by their FDEP wastewater permit within 30 days of the date due to the FDEP. Any facility may be restricted from the BPF if their sludge exceeds the ceiling that FL Chapter 62 -640 defines as the Class AA biosolids metal limits (which match 40 CFR Part 503, Table 3) as listed below: a. Arsenic 41 mg /kg dry weight basis b. Cadmium 39 mg /kg dry weight basis C. Copper 1500 mg /kg dry weight basis d. Lead 300 mg/kg dry weight basis e. Mercury 17 mg /kg dry weight basis f. Molybdenum 75 mg /kg dry weight basis g. Nickel 420 mg /kg dry weight basis h. Selenium 100 mg /kg dry weight basis i. Zinc 2800 mg/kg dry weight basis The BPF shall only accept Biosolids as defined as "Residuals" or "Domestic Wastewater Residuals" in Chapter 62- 640.200 (31) F.A.C., or as amended from time to time. The BPF shall not accept any materials that are hazardous waste under Chapter 62 -730, F.A.C., or as amended from time to time. 22 EXHIBIT III O & M COSTS PER TON AND ADJUSTMENTS Base Processing Fee Operator Contract Fee: 0 to 91,250 WTY $24.25 > 91, 250 to 104,000 WTY 12.50 > 104,000 WTY 11.00 Pass Through Costs Ton Electric $6.42 Potable water 1.61 ISW 0.97 WW 1.39 Na Hypochlorite 0.62 Caustic 0.16 Natural Gas 8.85 Sub Total $20.02 Solid Waste Authority Administration Costs/Ton SWA Landfill Gas Delivery System O &M Cost/Ton $1.90 SWA Contract Management Cost/Ton 2.50 Sub Total 4.40 Total O &M Cost /Ton 548.67 ADJUSTMENTS 1. The Base Processing Fee schedule, as set out above, shall be adjusted annually as set out in Section 3.01 of the 0 & M Agreement. The Authority shall submit a notice of the adjustment not later than September 1st of each year by letter to the Utility at the address set forth in Section 8.3 of this Agreement. 2. The Pass Through Costs /Ton, as set out above, shall be adjusted annually based on the Maximum Utility Utilization Guarantee as set out in Section 3.01 of the O &M Agreement and the estimated unit price per item. 3. SWA Landfill Gas Delivery System O &M Costs /Ton, as set out above, shall be adjusted annually based on the minimum delivery as set out in Section 2.01 of the 0 &M Agreement and approved Authority operating budget for the landfill gas delivery system. 4. SWA Contract Management Costs /Ton, as set out above, shall be adjusted annually based on the minimum delivery as set out in Section 2.01 of the O &M Agreement and approved Authority operating budget for the BPF 23 EXHIBIT IV DESIGN AND CONSTRUCTION AGREEMENT FOR BIOSOLIDS PROCESSING FACILITY ON FILE AT THE AUTHORITY'S ENGINEERING OFFICE 24 EXHIBIT V OPERATIONS AND MAINTENANCE AGREEMENT FOR BIOSOLIDS PROCESSING FACILITY ON FILE AT THE AUTHORITY'S ENGINEERING OFFICE 25 EXHIBIT VI GAS BLENDER PURCHASE TERMS The Authority has preliminarily approved a Gas Blender capital project to allow Authority Landfill Gas to be used in the second train of the BPF. Based on the 60% design, estimated total cost is not to exceed (NTE) $750,000. The Utility's ,share of the total project cost of the Gas Blender is set out in the COST SHARE TABLE below. The NTE project cost will not increase without additional approval from Utility. The Utility agrees to promptly pay its share of the capital cost of the Gas Blender which will be billed to Utility monthly, together with the other Participants, as the Authority incurs project expenses. COST SHARE TABLE: Partner % $Amount Palm Bch. Co. 17.82 133,650 So. Central 14.75 110,625 Boca Raton 10.27 77,025 LRECD 8.96 67,200 ECR 35.83 268,725 SWA 12.37 92,775 Total 100% $750,000 Wei TV-11. /qJn RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, gave AUTHORIZATION TO ADD THE FOLLOWING SUBSECTION TO SECTION 5 "SICK LEAVE" OF THE BOARD RULES TO READ: 5.1 Sick Leave Donations: It shall be the policy of the Board to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time (workers' compensation leave time excluded), and when the receiving employee has exhausted all available paid leave_ Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or off -the job injury. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By= Mayor /City Manager Attest: City Clerk Approved as to form: City Attorney Fadocs4BOARD MEETl NGS1RATIFICAT IONST012- 20130elray Beach Ratification 07- 18- 2013.docx o� RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, gave AUTHORIZATION TO AMEND PARAGRAPH 5, SECTION 4 OF "VACATION LEAVE" OF THE BOARD RULES TO READ: Two hundred sixteen hours is the maximum vacation credited that may be accumulated at the end of the Fiscal Year unless, due to extenuating circumstances, a carryover of same is recommended in writing by the Executive Director. An employee may take up to 80 -hours 120 hours of vacation time in the form of a cash -out once in a Fiscal Year providing the employee has accumulated an excess amount of hours in their vacation bank. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. By: Attest: CITY OF DELRAY BEACH Mayor /City Manager City Clerk Approved as to fora: City Attorney FadocslBOARD MEETl NGS4RAT lFICATIONS12092- 20130elray Beach Ratification 07- 98- 2013,docx Y RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, ACCEPTED THE 201312014 ORGANIZATIONAL CHART AND SALARY RANGES. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of 7 , by a vote. CITY OF DELRAY BEACH By: MayorlCity Manager Attest: City Clerk Approved as to form: City Attorney F4docsOOARD MEETINGSIRATIFICAT IONS12012- 2013iDe1rayBeach Ratification 07- 18- 2013.docx fu W r-i Q ❑ z LU (a Q O m U] K cd Rt Z N W M H � LU G �N [� Z W O 1-a Wa oWc �0 J O a z�- °a W U J Z rWj V 2 {A Ln z O 0 d LA Z 0 M V LU K H u m cl, O ❑ a ❑� < ¢ uj Oz � mo LU r ❑ LU �z Q 0 DO r� a W > O ❑LLJ LLu �y X W af U 0 aQ m� J � 0 0 U my LU 2 U z W r+ �u a� WO LU < <a� �o 0 <u a N 0 I- E LU J z w w pvU2 Q 7 LU== J � w LL ?OZCn Q� �¢�wzz a a w <coz� wa2�LL° a ._:,. 0 �Z W Q U 00 Q Q LU < J -- C,� r V � LL u W Lf} 0 Q w X U? 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NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor /City Manager Attest: City Clerk Approved as to form: City Attorney F.kdocs1BCARD MEETINGSIRATIFICATIONS12012- 20131DelrayBeach Ratification 07- 18- 2013.docx AGENDA ITEM P South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS REPAIR & REPLACEMENT RESERVES FUND USER RATE & PROJECTED REVENUES F/Y 2013 -2014 RATE O&M Budget $6,030,195 $1.0326/1,000/gal 0 & M $0.1985/1,000/gal Reserves 1.2311/1.000/aal Total 1.180611.000/aal F/Y 2012 -2013 Rate OPERATIONS & MAINTENANCE PROJECTED FLOW RATE MINIMUM 16.0 mad $1.0326/1.000/aal AVERAGE 16.5 mgd MAXIMUM 17.0 mgd $1.0326/1,000/gal $1.0326/1,000/gai RESERVES FOR REPAIRS & REPLACEMENT INCOME $6,030,195 $6,218,834 $6,407,283 PROJECTED FLOW RATE INCOME MINIMUM 16.0 mgd $0.1985/1,OOOlgal $1,159,240 AVERAGE 16.5 mgd $0.1985/1,000/gal $1,195,466 MAXIMUM 17.0 mgd $0.1985/1,000/gal $1,231,693 R &R Rate from Amortization done 05/2012 Previous rate for R &R was $.1940 effective FIY 2008 -2009. F/Y 2007 -2008 R &R rate was $.1800. FAFINANCE WQRKSHT\Budgetlfy2013- 20141acct detail fy 2013 -fage 1 of 1 n RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, gave AUTHORIZATION TO ESTABLISH RECLAIM USER RATE AT $0.1981311,000 GAL TO CONSUMERS DELRAY BEACH, BOYNTON BEACH AND SOUTH CENTRAL REGIONAL FOR FISCAL YEAR 201312014. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of 7 , by a vote. IN Ill VdIel2.0144:7_\'x:3��[y:,{ By: Mayor /City Manager Attest: City Clerk Approved as to form: City Attorney F :IdocsWARQ MEETINGSIRATIFICATIQNST012- 201340elray Beach Ratification 07- 18- 2013.docx AGENDA ITEM B South Central Regional Wastewater Treatment and Disposal Board RECLAIM USER RATE OPERATION & MAINTENANCE F1Y 2013-2014 Original Retail Customers (1.5 billion gallyear) City of Boynton Beach (est 110 million gallyear - .3 mgd * 365) City of Delray Beach (750 million gallyear) [Delray Muni, Hamlet, Delaire,Lakeview, Misc] SCRWWTP (Deep Well = 3467.5 million gallyear) (process = 73 million gallyear) Total = 6000.0 mg annual (16.5 mgd est average flow) (using 1,3,5,7 and 10 year influent averages) Projected budget Reclaim O &M = $1,188,785 Total flow through reclaim facility MG 6000.00 1=1Y 2013 -2014 Rate - - $0.19813 User Original Retail Customers 80% of use storage tank at SCR City of Boynton Beach City of Delray Beach: SCRWWTP Deep Well Process @.2 mgd Flows RATE 1.5 billion gallyear 0.20/1000 gal 1.2 billion gallyear (4 courses $.08 surcharge) 110 million gallyear 0.19813000 gal 750 million gallyear 0.19813000 gal 3467.5 million gallyear 0.19813000 gal 73 million gallyear 0.19813000 gal Due to higher rate to retail customers (including storage charge) SCR anticipated well flow of 9.5 mgd - adjusted to 8.60 mgd to balance budget Revenue $ 300,000 $ 96,000 $ 21,794 $ 148,600 $ 620,146 $ 14,464 $ 1,201,004 $12,219 Exp (over)/under Rev F:IFINANCE WORKSH7IBudge*2013- 20141acct detail fy 2013- 201Wage 1 of 1 7/9/2013 11:01 AM Y. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, ACCEPTED THE 201312094 WASTEWATER AND RECLAIM O &M BUDGETS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Defray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of I , by a vote. CITY OF DELRAY BEACH By: Mayor /City Manager Attest: City Clerk Approved as to form: City Attorney F.IdocsOOARD MEETINGS4RATIFICATIONS12012- 201310elray Beach Ratification 0 7-18-2013. docx AGENDA ITEM J 1 a South Central Regional Wastewater Treatment & Disposal Board Executive Summary FIY 2013 -2014 WASTEWATER BUDGET The requested Operations and Maintenance (O &M) Budget for 2013/2014 is $6,030,195; which is 4.5% above last year's budget. A review of the past six budget years indicates a relatively flat to slight decrease in the total budgeted expenditures. This achievement has been a direct result of Board staff reviewing all process control related activities to increase plant efficiency while maintaining and decreasing the cost to the Board where possible. We are requesting a rate of $1.2311 for O &M and R &R Reserves ($.0505 above the rate of 2012/2013). Since the 2008/2009 budget year we have had a reduction to the budget of $87,463 and the user rate has risen only 2.7% over this time (2008/2009 approved rate was $1.19717/1000 gallons). 2013/2014 APPROVED BUDGET Six Fiscal Year Average $6,030,195.00 $5,974,136.50 $6,100,000.00 - -- - - $5,700,000.00 -- - - - - - -- $5,600,000.Do S5,500.000.00 --� O O O O C7 O N ry N r N N ao c) o m O GD CD O b O ,-V _j rV N N N Due to drier weather and the continued efforts of both cities to reduce the inflow and infiltration on their respective sewer systems we have experienced lower influent flows over the past few years. This has caused a decrease in revenue that has made it increasingly difficult to keep the user rate flat to the Cities of Boynton Beach and Delray Beach. INFLUENT FLOWS INFLUENTFLOWS Linear (INFLUENT FLOWS) 18 - 17 �- -- - 16 - -- 15 14 o °o ° o °� o'� ati�1� ti � ti 4. South Central Regional Wastewater Treatment & Disposal Board A six year look at the major line items related to the O &M Budget (over $250,000) is provided below. Wages: Line Item No. 1212 2013/2014 WAGES Six Fiscal Year Average $1.060,000.00 $1,024,750.00 $994,843.83 $1,040,000 -00 $1,020:000.00 -- -- -- — 5980000.0:0 - -- $960,00C O $940000.00 - .....5920,000.00 2008/2009 2009/2010 2010/2011 2011/2012 201212013 2013/2014 Note: Budgeted wages 1990/1991 were $925,000. EPA minimal recommended staffing level in 1979 was 21 full -time employees (28 optimal). Currently we have 23 full -time employees. Pelletization Fees: Line Item No. 3409 2013/2014 P£LLETIZATION FEES Six Fiscal Year Average $999,000.00 $897,390.00 51,200,000.00 - - - $1,000,000.00 - -- - -- — - $800,000.00 - - - _ -- - - -- 5600,000.00 $200,000.00 - -- 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Note: Full time startup occurred August 2009. The tipping fee has steadily increased. The total annual cost has remained fairly consistent due to the lower influent flows. We are producing a lower amount of biosolids. Electricity: Line Item No. 4300 2013/2014 ELECTRICITY Six Fiscal Year Average $850,000.00 $ 947,691.67 51 200 000 M - - - - . - - $1,000,000.00- S800,000.00 $600,000.00 5400,000.00 5200,000.00 S_ 2008/2009 2009/2010 2010/2011 2013/2012 2012/2013 2013/2014 Note: Reduction achieved through a review of all plant equipment and utilizing automation where possible. A conscientious effort to utilize equipment during non -peak FPL hours has resulted in lower enerqv cost. South Central Regional Wastewater Treatment & Disposal Board Injection Well Process: Line Item No. 4304 2013/2014 INJECTION WELL PROCESS Six Fiscal Year Average $620,146.00 $617,925.83 $700,000.00 $680,000.00 -- - -- -- $660,000.00 $640,000.00 -- 5620,000.00 $600,000.00 - -- 5580,000.00 - $560,000.00 $540,000 -00 $520,000.00 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Note.- Full time startup occurred in April 2009 /Outfall closed. Chemicals: Line Item No. 5210 2013/2014 2013/2014 CHEMICALS Six Fiscal Year Average 51,000,000.00 - $701,000.00 $748,000.00 S900,000.00 - -- - . - Ssoo,000.00 ...- - - - - -- $700,000.00 - .............. .......... 5500,000.00 - -- - - - -- $400,000.00 - - -- — - -- - - - - -- - .._..,,_ - $300,000.00 - - - - 520a.000.OL1 - _ - - - - -- -- 5100.000.00 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Note: Slight reduction in chemical cost and automation of plant equipment Commercial Insurance: Line Item No. 4500 2013,'2014 COMMERCIAL INSURANCE Six Fiscal Year Average $265,010.00 $263,99433 $268,000.04 $ 266,000.00 $264,000,00 - $262.000.00 - --- -- -- - - - - -- _ .... $260,000.00 $258,000.00 - 5256,000.00 $254,000.00 - $252,000.00 2008/2009 200912010 201012011 2011/2012 2012/2013 2013/2014 Note: Insurance costs have remained relatively stable due to recent minimal hurricane activity. South Central Regional Wastewater Treatment & Disposal Board O &M SUMMARY During the Fiscal Year 2008/2009 the Board completed two environmental- friendly capital projects, the Deep Injection Well and the Pelletization Facility. The positive environmental impact of these projects is that we no longer dispose of our effluent to the ocean and the ocean outfall has been closed; and our biosolids are no longer land- applied but recycled into Class AA biosolid pellets and sold to local fertilizer companies to be distributed commercially. Due to these projects, the public image of the Board is now one of a leader in environmental stewardship. In 2009 the Board was recognized by the Florida Department of Environmental Protection with an Operations Excellence Award for implementing these environmental - friendly changes well ahead of other utilities. As with most environmental friendly projects, there is a cost that has to be incurred. These two line items now account for approximately $1.6 million of the Operation & Maintenance Budget. In 2007/2008 before these projects were completed and placed in daily operation, the Board's approved O &M budget was $5.207 million. Our requested budget this year is set at $6.030 million; approximately $800,000 over the 2007/2008 budget year. This indicates the Board has absorbed the operating costs ($1.6M) of these two projects with only one half ($800K) of the increase being funded by the O &M user rate. The other half ($800K) of the cost increase was absorbed through difficult budget cuts. We are currently estimating that this current budget year 2012/2013 will have excess revenues over expenditures of approximately $200,000 to $300,000. Over the past five years, the Board has returned approximately $3,300,000 in excess revenue over expenditures to the Cities of Boynton Beach and Delray Beach. Board employees are scheduled to receive a merit increase of 5% in this upcoming fiscal year. By Board rules, employees are eligible for a merit increase of up to 6% annually. RECLAIM USER RATE/BUDGET The Reclaim O &M Budget for 2013/2014 is set at $1 ,188,785. Our User Rate for wholesale reclaim will increase $0.0117 to $0.1981311,000. This rate is for Delray Beach and Boynton Beach. The revenue generated from the five original golf course participants in the Board reclaim program remains at $0.20/1000 gal. This is due to a cost formula outlined in their original contract agreements with the Board that stipulates their rate cannot drop below that threshold. WASTEWATER RESERVE FOR REPAIR AND REPLACEMENT It is estimated as of 06/30/2013 we will have $2,741,409 in the Wastewater Reserve Account for Repair & Replacement, of that, approximately $641,892 is un- committed. We recently committed expenditures of $ 1,800,000 for the replacement of the "B" plant clarifier mechanisms. The rate for Repair & Replacement is set at $0.198511,000 gallons. At this rate The Board will generate $1,159,240 at minimum flow. Last year's rate was set at $0.194011,000 gallons. The slight increase is due to including the deep injection well and the reclaim system expansion from 2009 in the R &R amortization schedule. The mechanical parts are starting on their fourth year after a one -year warranty. These facilities now have to be factored in this and future upcoming budgets. POTENTIAL CAPITAL PROJECTS None are planned at this time. AGENDA ITEM 11B South Central Regional Wastewater Treatment & Disposal Board Salient Budget Changes 2013/2014 Projected Budget Increase/ 2012/2013 Budget 2012 /2013 2013/2014 (decrease) PERSONNEL SERVICES - TOTAL $ 1,626,100 $ 1,564,990 $ 1,699,250 $ 134,260 1212 Regular Wages $ 979,000 $ 961,190 $ 1,024,750 $ 63,560 . 40,000 5% Increase for Board Employees /20 % to Reclaim Wages. 1223 -1 Dental Insurance $ 8,000 $ 9,000 $ 9,700 $ 700 Small Adjustment. 3120 Services (Gen & Admin) $ 24,000 $ 1221 Social Security /FICA $ 101,000 $ 105,000 $ 113,000 $ 8,000 Adjusted due to wage increase. No Adjustment. 1223 Health Insurance $ 224,000 $ 169,000 $ 234,000 $ 65,000 3409 Pelletization Fees - SWA Adjusted Due To City of Boynton Beach estimated 15% increase. 925,000 $ 1224 Workers Compensation Ins $ 33,000 $ 37,000 $ 34,000 $ (3,000) Adjusted upwards to account for smaller SWA rebate. Estimated decrease per insurer (Zenith) based on past claims. SERVICES - TOTAL $ 1,494,000 $ 1,486,000 $ 1,583,100 $ 97,100 3110 Legal $ 42,000 $ 40,000 $ 40,000 $ No Adjustment. 3120 Services (Gen & Admin) $ 24,000 $ 22,500 $ 22,500 $ No Adjustment. 3409 Pelletization Fees - SWA $ 925,000 $ 925,000 $ 999,000 $ 74,000 Adjusted upwards to account for smaller SWA rebate. Potential Rate increase, 3410 Sludge Hauling $ 206,000 $ 195,000 $ 222,000 $ 27,000 Adjusted upwards to account for CPI Increase allowed by contract. 3411 Grit Hauling $ 160,000 $ 160,000 $ 160,000 $ - No Adjustment. 3300 Lab Permit Testing $ 32,000 $ 35,000 $ 30,000 $ (5,000) Adjusted downwards due to in -house work 3200 Auditing $ 32,500 $ 32,500 $ 33,600 $ 1,100 No adjustment. 3500 Services (Maintenance Sere) $ 60,000 $ 63,500 $ 63,500 $ - No adjustment. O &M - TOTAL 40000 Vehicle /Machinery Fuel 4100 Telephone, IT 4300 Electricity 4303 Injection Well Process 4303 IRR /Process Reclaim Water 4902 License & Permits 5400 Membership Dues 5410 Technical Training CHEMXAL /SUPPLIES -TOTAL I CHEMICALS SUPPLIES - Operating, Maint & Lab 5220 Oil & Lubricants OPERATING ASSETS ENGINEERING CONTINGENCY /INTEREST FEES TOTAL BUDGET = AGENDA ITEM JIB $ 1,861,200 $ 1,881,512 $ 1,916,845 $ 35,333 $ 22,000 $ 21,500 $ 21,500 $ No adjustment. account for deodorizing trailers before leaving. $ 30,000 $ $ 15,000 $ 14,000 $ 14,000 $ No adjustment. $ 7,500 $ $ 790,000 $ 850,000 $ 850,000 $ - No adjustment. $20,000 FPL does not anticipate significant rate increase. 20,000 $ $ 672,000 $ 583,602 $ 620,146 $ 36,544 Adjusted upwards due to increase in reclaim rate. $ 13,000 $ 13,000 $ 14,464 $ 1,464 Adjusted upwards due to increase in reclaim rate. $ 17,000 $ 16,400 $ 13,725 $ (2,675) Adjusted downward due to non year for operator's license renewals. $ 1(),000 $ 10,000 $ 10,000 $ No adjustment. $ 15,000 $ 15,000 $ 15,000 $ No adjustment. $ 720,700 $ 699,500 $ 701,000 $ 1,500 $ 640,000 $ 619,000 $ 620,500 $ 1,500 Adjusted upward slightly to account for deodorizing trailers before leaving. $ 30,000 $ 30,000 $ 30,000 $ - No adjustment. $ 7,500 $ 7,500 $ 7,500 $ No adjustment. $20,000 $20,000 $ 20,000 $ No adjustment. 114,000 No adjustment. 5,000 Do not budget for. $5,841,000 $ 110,000 $ 110,000 $ - $5,762,002 $6,030,195 $268,193 South Central Regional Wastewater Treatment & Disposal Board AGENDA ITEM ilc WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 Page 1 acct detail fy 2013 -2014 In process 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,533,679 $1,551,845 $1,626,100 $1,564,990 $1,699,250 OPERATING EXPENSES: 3,827,864 4,005,000 4,075,900 4,067,012 4,200,945 SERVICES (Legal,hauling,contracts) 1,414,234 1,448,593 1,494,000 1,486,000 1,583,100 OPERATIONSWAINTENANCE 1,765,324 1,908,102 1,861,200 1,881,512 1,916,845 CHEMICALS /SUPPLIES 648,305 648,305 720,700 699,500 701,000 TOTAL PERSONNEL AND --------------- - - - - -- --------------- - - - - -- --------------- - - - - -- -------------- - - - - -- ------------------- OPERATING EXPENSES 5,361,543 5,556,845 5,702,000 5,632,002 5,900,195 OPERATING CONTINGENCY 4,502 4,502 5,000 0 0 OPERATING ASSETS 0 0 20,000 20,000 20,000 ENGINEERING 83,598 83,598 114,000 110,000 110,000 TOTAL BUDGET $5,449,643 $5,644,945 $5,841,000 $5,762,002 $6,030,195 FN 2012 -2013 rate = 0.09865 FN 13 -14 rate = $ 0.10326 Min flow mgd = 16.0000 avg flow mgd = 16.5000 PERSONNEL ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 1212 REGULAR WAGES $ 983,491 $ 981,958 $979,000 $961,190 $1,024,750 12121 SICKIVACATION REDUCTIONS 54,952 63,044 50400 55,000 55,000 1214 OVERTIME 53,991 61,781 61,000 61,000 61,000 12151 EMPLOYEE ASSIST. PROG. 701 520 1,000 1,000 1,000 1221 SOCIAL SECURITY 92,772 94,239 101,000 105,000 113,000 1223 HEALTH INSURANCE 150,195 153,366 224,000 169,000 234,000 12231 DENTAL INSURANCE 7,696 7,221 8,000 9,000 9,700 12232 DISABILITY INSURANCE 5,051 4,777 6,000 6,000 6,000 12233 LIFE INSURANCE 602 555 1,200 1,200 1,200 12234 VISION CARE 969 968 1,500 1,600 1,600 1224 WORKERS' COMPF- NSATION 23.886 25,138 33,000 37,000 34,000 1225 UNEMPLOYMENT 0 0 2,000 2,000 2,000 1236 PENSION 124,688 124,665 128,000 125,000 125,000 1237 DEF COMP SUP 34,463 32,715 29,000 30,000 30,000 1240 PAYROLL CONTINGENCY 223 898 1,000 1,000 1,000 TOTALPERSONNEL --------------- - - - - -- --------------- - - - - -- ---------------- - - - - -- --------------- - - - - -- -------- - ----- SERVICES $1,533,679 $1,551,845 $1,626,100 $1,564,990 $1,699,250 Page 1 acct detail fy 2013 -2014 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 SERVICES AGENDA ITEM S I c In process ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2092 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 3100 MEDICAL SERVICES $766 $170 $1,500 $1,500 $1,500 3110 LEGAL (GENERAL & ADWN) 27,277 16,261 42,000 40,000 40,000 3920 SERVICES (G &A) 16,686 17,693 24,000 22,500 22,500 3200 AUDITING 29,123 35,231 .32,500 32,500 33,600 3300 LAB PERMIT TESTING 32,205 22,842 32,000 35,000 30,000 3406 METER CALIBRATION 7,440 7,152 8,000 8,000 8,000 3409 PELLETIZATION FEES - SWA 825.705 942.008 925,000 925,000 999,000 " see note for actual 3410 SLUDGE HAULING 251,176 188,347 206,000 195,000 222,000 3411 GRIT HAULING 160,209 172,543 160,000 160,000 160,000 3412 TRASH HAULING 4,232 -347 3,000 3,000 3,000 3500 SERVICES (Ops, Maint & Prof) 59,415 46,692 60,000 63,500 63,500 TOTAL SERVICES $1,414,234 $1,448,593 $1,494,000 $1,486,000 $1,583,100 SWA Cost Rebate 0212091 $59,263.62 SWA Cost Rebate 0212012 $40,090.19 SWA Cost Rebate 0412013 $129,699.16 Page 2 acct detail fy 2013 -2014 South Central Regional Wastewater Treatment & Disposal Board AGENDN ITEM J1 WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 OPERATIONSIMAINTENANCE ACCOUNT NO. DESCRIPTION 4000 VEHICLE EXPENSE 4020 BOARD CONTINGENCY 4100 TELEPHONE 4102 POSTAGE 4300 ELECTRICITY 4302 WATER 4303 IRRIPROCESS RECLAIM WATER 4304 INJECTION WELL PROCESS 4400 EQUIPMENT RENTAL 4500 INSURANCE 4600 M & R EQUIPMENT 4620 M & R VEHICLES 4630 M & R GROUNDS 4640 M & R BUILDINGS 4650 M & R UNSPECIFIED 4900 ADVERTISING 4902 LICENSE & PERMITS 5400 MEMBERSHIP DUES & SUBSCRIPTIOP 5410 TECHNICAL TRAINING 5420 EDUCATIONAL EXPENSES 6400 CAPITAL ASSETS In process 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 ACTUAL ACTUAL PROJECTED BUDGET BUDGET $ 14,069 $ 9,110 $22,000 $21,500 $21,500 2,462 2,380 4,000 4,000 4,000 16,222 15,992 15,000 14,000 14,000 3,407 3,087 3,000 3,000 3,000 836,810 735,969 790,000 850,000 850,000 9,147 10,550 12,000 12,000 12,000 7,058 10,079 13,000 13,000 14,464 523,906 773,363 672,000 583,602 620,146 854 2,578 2,000 2,000 2,000 242,293 210,290 211,000 265,010 265,010 23,156 40,641 32,000 31,000 31,000 6,716 24,241 7,500 7,000 7,000 9,724 7,580 10,000 10,000 10,000 12,507 17,878 16,000 15,00() 15,000 5,194 5,766 5,000 5,000 5,000 2,064 103 3,000 3,000 3,000 13,957 11,827 17,000 16,400 13,725 9,191 9,897 10, 000 10,000 10,000 7,365 10,559 15,0()0 15.000 15,000 6 1,500 1,700 1,000 1,000 19,217 4,713 0 0 0 TOTAL OPERATIONSIMAINT. $1,765,324 $1,908,102 $1,861,200 $1,881,512 $1,916,845 Page 3 acct detail fy 2013 -2014 South Central Regional Wastewater Treatment & Disposal Board AGFNIJA ITEM J 1 C WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 In process CHEMICALS/SUPPLIES ACCOUNT $1,414,234 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 5100 OFFICE SUPPLIES $ 7,275 $ 7,275 $8,200 $8,000 $8,000 5201 SAFETY SUPPLIES 5,074 5,074 6,000 6,000 6,000 5202 GENERAL OPERATING 8,833 8,833 10,000 10,000 10,000 5203 JANITORIAL SUPPLIES 1,120 1,120 3,000 3,000 3,000 5204 LABORATORY SUPPLIES 15,286 15,286 17,000 17,000 17,000 5210 CHEMICALS 567,080 567,080 640,000 619,000 620,500 5220 OIL, FUEL, LUBRICANTS 4,745 4,745 7,500 7,500 7,500 5225 DIESEL 28,637 28,637 15,000 15,000 15,000 5230 CONSTRUCTION MATERIALS 1,755 1,755 1,000 1,000 1,000 5240 UNIFORMS 7,524 7,524 8,000 8,000 8,000 5250 SMALL TOOLS < $500 613 613 2,000 2,000 2,000 5251 OFFICE EQUIPMENT < $500 334 334 1,000 1,000 1,000 5252 LAB EQUIPMENT < $500 30 30 2,000 2,000 2,000 5255 PLANT EQUIPMENT - - 0 0 0 TOTAL CHEMICALSISUPPLIES $648,305 $648,305 $720,700 $699,500 $701,000 OPERATING EXPENSES (SUMMARY SERVICES $1,414,234 $1,448,593 $1,494,000 $1,486,000 $1,583,100 OPERATIONS /MAINTENANCE $1,765,324 $1,908,102 $1,861,200 $1,881,512 $1,916,845 CHEMICALS & SUPPLIES $ 648,305 $ 648,305 $ 720,700 $ 699,500 $ 701,000 TOTAL OPERATING EXPENSES $3,827,864 $4,005,000 $4,075,900 $4,067,012 $4,200,945 Page 4 acct detail fy 2013 -2014 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 OPERATING CONTINGENCY AGENDA ITENT J I c in process ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL, ACTUAL PROJECTED BUDGET BUDGET 4990 OPERATING CONTINGENCY $0 $0 $0 $0 $0 4992 INTEREST /FEES1PENALTIES 4,502 ----------- - - - --- 4,502 - --------- -- - - - - -- 5,000 ------------ ---- - - - - -- $0 --------------- - - - - -- $0 --------------- - - - -- 3162 TOTAL OPERATING $4,502 $4,502 $5,000 $0 $0 3163 CONTINGENCY 0 0 0 0 0 OPERATING ASSETS TOTAL ENGINEERING $83,598 $83,598 $114,000 $190,000 ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 6400 OPERATING ASSETS $0 ---- ----- ---- -- - - - -- $0 ---------- -- - - - - - -- $20,000 --------- ----- - - - - -- $20,000 --------------- -- - - -- $20,000 --------------- - - - -- TOTAL OPERATING $0 $0 $20,000 $20,000 $20,000 CONTINGENCY ENGINEERING ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 3150 GENERAL $ 73,598 $ 73,598 $114,000 $110,000 $110,000 3160 BIOTOXICITY 0 0 0 0 0 3162 PRETREATMENT 10,000 10,000 0 0 0 3163 THERMAL SCREENING 0 0 0 0 0 TOTAL ENGINEERING $83,598 $83,598 $114,000 $190,000 $110,000 GRAND TOTAL BUDGET: $5,449,643 $5,644,945 $5,762,002 $5,841,000 $6,030,195 Extraordinary credits received $98,109 $ 40,090 $ 129,899 Actual expenditures = $5,547,752 $5,685,035 $5,970,899 Page 5 acct detail fy 2013 -2014 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2093 -2014 PERSONNEL ACCT. NO. ACCOUNT TITLE DESCRIPTION 1212 REGULAR WAGES Base wages - 23 Regular Employees-, 0 part -time 3 Administrative 3 Lab & pretreatment 10 Operators(including Chief) + Holiday reg 7 Mai ntenance(including Chief) 0 Part-time $256, 000 for Reclaim (20% man hours) 12121 SICK PAY REDUCTION 12122 VACA PAY REDUCTION 1214 OVERTIME 12151 EMPLOYEE ASSISTANCE PROGRAM 1221 SOCIAL SECURITY/ MEDICARE 1223 CIGNA HEALTH INSURANCE 12231 DENTAL INSURANCE Employees 96 hours sick pay Vacation up to 120 hours Shift coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 12142 Maintenance 12143 Shift 1 Coverage 12144 Shift 2 Coverage 12145 Shift 3 Coverage 12146 Training 12148 Holiday Coverage 12149 Lab /Pretreatment 12150 Special Projects AGENDA ITEM Jlc BUDGET 1,280,750 Reclaim (256,000) Wastewater $1,024,750 Board cost: $2.75 per employee per month. Provides family counseling and referral services to employees and their families. Legal and financial consulting. Employer's estfmated cost: 7.65% Social Security - 6.2% Medicare - 1.45 %. Board cost per employee [22] is estimated @ $800.00 monthly (@ 20% inc est) + $85 @ emplmth to BB Board cost per employee [22] est @ $37.00 monthly 3,000 5,000 12,000 6,000 12,000 1,000 18,000 3,000 1,000 30,000 25,000 61,000 1,000 113,000 234,000 9.700 F,IFINANCE wORKSHT1Budgeffy2013- 20145acct detail fy 2013 -2014 Page 1 of 9 7f9!2913 11:10 AM TOTAL PERSONNEL $1,699,250 F:IFINANCE WORKS H7t3udgetlfy2 01 3- 2 01 41acct detail fy 2013 -2014 Page 2 Of 9 7/912013 11 '10 AM AGF-NT)AIT MJ1c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2013 -2014 PERSONNEL (cont.) ACCT. NO. DESCRIPTION BUDGET 12232 DISABILITY INSURANCE Long term disability insurance provided 6,000 by the Board at approximately on 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides term life insurance. 1,200 12234 VISION CARE Employee vision plan $6 @ emp mthly 1,600 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 34,000 base pay and claims rating -1+ annual audit 1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000 to claims received. 1236 PENSION Defined Board contribution based on 40 125,000 hours base pay for participants plus administrative fees. 1237 DEF COMP SUPPLEMENT Deferred comp 30,000 1240 PAYROLL CONTINGENCY 1.000 TOTAL PERSONNEL $1,699,250 F:IFINANCE WORKS H7t3udgetlfy2 01 3- 2 01 41acct detail fy 2013 -2014 Page 2 Of 9 7/912013 11 '10 AM SOUTH CENTRAL REGIONAL.. WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2013 -2014 SERVICES ACCT. NO. ACCOUNT TITLE DESCRIPTION 3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations 3110 LEGAL SERVICES Attorney fees: 31101 Admin - Saberson 31103 Pension -Gray Robinson 3120 SERVICES: General & Administrative 3200 AUDIT FEES 3300 LAB PERMIT TESTING 3406 METER CALIBRATION 5,000 FLORIDA SERVICE 3409 SLUDGE PELLETIZATION 3410 SLUDGE HAULING 3411 GRIT HAULING 3412 TRASH AND HAULING 3500 SERVICES: Operations, Maintenance & Professional TOTAL SERVICES 31201 Accounting & Bookkeeping 31202 Computer Consultant & SIW Lic renewals 31205 Insurance Review 31206 Copier Maint. Contract 31207 Appraisal Fee (done 201 C) 31208 Others 32001 Annual Audit- GASB & Standards (total $38,600 - Reclaim = $5,000) Outside Lab Testing Services Calibration of transmitters, totalizers, recorders, and flowmeter pump as required. 18,500 Wet ton per year * est $54 Any additiona€ related costs Haul to SWA Pelletization 18,500 tons* $12,00 transportation re -route when required - 85 trips @ $1,477; 27 trips @ $1,272 Tipping fee for trash hauling. Regular trash container. 35001 Centrifuge 35002 Air Scrubbers Balancing - vibration testing 35003 Generators [3 units! 35004 Lawn Maintenance 35005 Admin. Building Cleaning 35006 Lab Equipment - Calibration 35007 Sodium Generators 35008 Other 35009 Water Softener 35011 Lab Compliance Consultant AGENDA ITEM Jlc 10,000 2,000 10,000 14,000 6,000 2,000 2,500 1,000 1,000 15,000 63.500 $1,583,100 F IFINANCE WORKSHT1Budgetlfy2 01 3- 201 44acct detail fy 2013 -2014 Page 3 of 9 719!2013 11:10 AM BUDGET $1,500 $35,000 5,000 ------ - - - - -- 40,000 1,000 11,000 7,500 2,000 0 1,000 ------ - - - - -- 22,500 33,600 30,000 8,000 999,000 222,000 160,000 3,000 10,000 2,000 10,000 14,000 6,000 2,000 2,500 1,000 1,000 15,000 63.500 $1,583,100 F IFINANCE WORKSHT1Budgetlfy2 01 3- 201 44acct detail fy 2013 -2014 Page 3 of 9 719!2013 11:10 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2013 -2074 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES OPERATIONSIMAINTENANCE ACCT. NO. ACCOUNT TITLE 4000 VEHICLE EXPENSE DESCRIPTION Mileage reimbursement @ $0.5651ml (FED rate); Fuel for company vehicles golf carts, and gas powered equipment (Due to the fluctuating cost of fuel, we are estimating fuel) 40002 Mileage Reimbursement 40003 Fuel for Vehicles /Il 5,250 gal $4.00 4020 BOARD CONTINGENCY Public relations, good will tours, floral 21,000 arrangements or fruit baskets, cards for ---- - - - - -- $21,500 illnesses or funerals, and miscellaneous 2,000 business expenses: 1,000 40201 Board Expense: Appreciation 4,000 40202 Board Expense: Meals 3,000 40204 Board Expense: Travel, Lodging 4100 TELEPHONE EXPENSE Monthly base fees and long- distance usage 620,146 including Fax,cellular phones and E-mail/] nternetlwebsite 4102 POSTAGE U.S. Mail - Rate $.45 first ciasslEquipment lease 4300 ELECTRICITY 11,300,000 kw * .0751kw Plant avg 16.0 mgd 4302 WATER CONSUMPTION Consumption of plant avg $4,000 @ mth * 25% (.75 est for reclaim portion = $36,000) 4304 INJECTION WELL PROCESS Anticipate 8.6 mg @ day @ $0.1981311000 = 3,130 mgy 4303 IRR /PROCESS REUSE WATER Irrigation water cost .2 m gallday @ $.19813/1000 4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- ments as required in maintenance and operations. 4500 INSURANCE EXPENSE 45001 General Professional Liability 45003 Employment Practices 45004 Fiduciary 45006 Petroleum Storage Tank 45007 Pollution Liability (3 yr policy 2009 - 2012) 45008 Commercial Property 45011 Employee Dishonesty AGENDA ITEM J 1 c 55,000 1,600 2,000 2,100 14,210 184,000 6,100 .................. 265,010 F'.1FINANCE wCRKSH78UCf9etlfy2 0 1 3- 2 01 41acct detail fy 20'13 -2014 Page 4 of 9 71912013 11:10 AM BUDGET 500 21,000 ---- - - - - -- $21,500 1,000 2,000 1,000 ---- - - - - -- 4,000 14,000 3,000 850,000 12,000 620,146 14,464 2,C010 55,000 1,600 2,000 2,100 14,210 184,000 6,100 .................. 265,010 F'.1FINANCE wCRKSH78UCf9etlfy2 0 1 3- 2 01 41acct detail fy 20'13 -2014 Page 4 of 9 71912013 11:10 AM AGENDA ITEM ] 1 c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2013 -2014 OPERATIONS/MAINTENANCE ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4600 M & R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 Influent Building 1,000 46002 Aerators 1,000 46003 Blower Building 3,000 46004 Scrubbers 2,000 46005 Clarifier 1,000 46006 Return Building 1,000 46007 Solids Handling Building 4,000 4600$ Hypochlorite 2,000 46009 EQ Building 1,000 46010 Effluent Building 1,000 46011 Shop Building 1,000 46012 Office Building 1,000 46013 Dechlorination 1,000 46014 Miscellaneous (GMS) 10,000 46015 Operators Office 1,000 0 --------------- -- $31,000 Annual repairs for vehicles: 4620 M & R VEHICLES 46200 Company Vehicles 2,000 46201 Tractor 11000 46202 Ottawa - Off road trailer 1,000 46203 Service Carts 1,000 46204 Boom Lift 1,000 46205 Other 1,000 -------- -------- 7,000 4630 M & R GROUNDS Landscaping, sprfnkler systems, retention 10,000 ponds, piping, fertilizer, etc. 4640 M & R BUILDINGS Painting, Repair or replacement of doors, 15,000 screens, locks, windows, ceiling tiles, bulbs electrical, plumbing, and fighting. 4650 M & R UNSPECIFIED Funds for emergency or unidentified 5,000 equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING Advertisement and legal ad allowance 3,000 related to plant operation or bids and public notices. FAFINANCE WORKSHI53Ldget1fy2013- 20141acct detail fy 2013 -2014 Page 5 of 9 7!9!2013 11 :10 AM AGENDA ITEM Jl c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2013 -2014 OP RATIO NSIMAINTENANCE ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4902 LICENSES AND PERMITS 13,725 STATE Professlonal & Operators license & renewal 412015 300 Operating Permit 7,500 Storage Tank 75 NELAC -- Lab (pd through 2012) 1,000 --------------- -- 8,875 PALM BEACH COUNTY Air Pollution Licenses 1,000 Wellfield Permit 75 Storm Water 500 Tags on Trucks 100 Wastewater 2,150 ----------------- 3,825 CITY & SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage 0 Special District Fee 175 Other 850 1,025 5400 MEMBERSHIP DUES AND Dues - Professional organizations 10,000 SUBSCRIPTIONS Professional Registration and licenses, journals and subscriptions. FWEA = $7,500 -- 8,000 5410 TECHNICAL TRAINING CPEs required for lic renewal per FLDEP Lab Technical, and Quality Assurance Short Schools; Personnel Seminars and technical conferences; computer classes 54101 Conferences 5,000 54102 Meals 1,000 54103 Travel & Lodging 4,000 54104 CEU courses 5,000 ------------ - --- 15,000 5420 EDUCATIONAL EXPENSES Classes, books & fees. 1,000 TOTAL OPERATIONSIMAINT. $1,916,845 F:SFI NANCE W0RKSHTlBudgetWy201 3- 2 0 144acctdetai[ fy 2013 -2014 Page 6 of 9 7191201311'.10 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2013 -2014 OPERATING EXPENSES: SERVICES, MAINTENANCE, CHEMICALS & SUPPLIES CHEMICALS AND SUPPLIES ACCT. NO. 5100 5201 5202 5203 5204 5210 ACCOUNT TITLE DESCRIPTION OFFICE SUPPLIES Copier paper, stationery, printer ink cartridges business cards, check printing, general office supplies, & necessities. SAFETY SUPPLIES Gloves, protective glasses, face shields, hearing protection, overboots, ear - plugs, muffs, emergency eye wash, cartridge respirators, gas cartridge, sterile storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion detector tubes, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, books. GENERAL OPERATING SUPPLIES JANITORIAL SUPPLIES LABORATORY SUPPLIES Operating supplies, raingear, hard -hats, boots, drager tubes, gloves, hoses, fire hoses, chart pens, charts, DO meters, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies. Mops, brooms, paper goods, brushes, all necessary janitorial cleaning supplies. Laboratory upgrades and replacements. Reagents, glassware, replacement of equip- ment, apparatus. Lab supplies consumed by Process testing done in house. Plus NELAC CHEMICALS 52101 Polymer: 455,000 Ibs @ .98 lb 446,000 52103 c12 Sodium Hypo 12 %. @ $.825 Gal 32,000 26,000 52105 Misc. Chemicals - Bisulfite, Sulfuric etc 10,000 52106 Caustic 40,000 gal @$2.50 @ gal 100,000 52108 Salt 1,400 tons @ $110.00 * 25 % ** 38,500 **Plant = $110.00 * 350 tons ----------- ---- AGENDA TT1=M Rc BUDGET Ii M L-WEI 3,000 1 T 000 620.500 PTINANCE WORKSHTlHudgat1fy2013- 2t1141acct detal fy 2013 -2014 Page 7 of 9 71912013' 1:40 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2013 - 2014 CHEMICALS AND SUPPLIES fcont.l ACCT. NO. ACCOUNT TITLE DESCRIPTION 5220 OIL, GAS, GREASE, AND Misc gas, grease, oil and lubricants for pumps LUBRICANTS and mowers 5225 DIESEL FUEL Diesel fuel for generator 5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, p {atforms, small shelters, concrete, etc. Additional office and storage units 5240 UNIFORMS Provides five (5) new sets of uniforms for employee per year. Basis cost of $200.00 each. Approved protective safety shoes: $100 ($200) employee per year (potential of two pairs due to environment). 5250 SMALL TOOLS AND EQUIPMENT PURCHASE 5251 OFFICE EQUIPMENT 5252 LAB EQUIPMENT 5255 PLANT EQUIPMENT TOTAL CHEMICALS AND SUPPLIES Hand tools, driNs, bits, files, small toolboxes, electrical equipment, and small maintenance tools < $750.00 value. Filing cabinets, chairs, calculators, adding machines, office mats, shelves, printers, tables < $750.00 value. Small equipment x$750.00 Equipment used to maintain grounds/buildings AGENDA ITEM 7Ic BUDGET 7,500 15,000 1,000 8,000 ME 1.000 2,000 0 $701,000 F:TINANCE VV0RKSHT58udget \fy2013- 2014Vacct detail fy 2013 -2014 Page 8 of 9 71912013 11:10 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FIY 2013 -2014 OPERATING CONTINGENCY ACCT. NO. ACCOUNT TITLE DESCRIPTION 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line items which are exceeded during the budget year. Status of this Fund to be reported to Board. OPERATING ASSETS ACCT. NO. ACCOUNT TITLE 6400 OPERATING ASSETS ENGINEERING ACCT. N0. ACCOUNT TITLE 3150 GENERAL 3162 PRE - TREATMENT 3163 THERMAL SCREENING TOTAL ENGINEERING GRAND TOTAL BUDGET: DESCRIPTION To be utilized for Plant Operations /Maintenance DESCRIPTION 31501 General /Permit Assistance (Deep well study) FLDEP Permit (Mathews Consulting) Scan every 2 years [Performed 2011 -2012 through insurance carrier] AGENDA ITEM 71 c BUDGET $0 BUDGET $20,000 BUDGET $110,000 $0 $0 $110,000 $6,030,196 rate = $ 1.0326 Min flow = 16.00000 LIY budget = $5,762,002 $268,193 4.5% increase FVFINANCE wORKSHTlSudget5fy20i 3- 20141acct detail fy 2013 -2014 Page 9 of 9 710/2013 1 1:10 AM AGENDA ITEM JI c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FIY 2012 -2013 ACCOUNT NO. DESCRIPTION 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2012 -2013 ACTUAL ACTUAL PROJECTED BUDGET BUDGET R 1212 REGULAR WAGES $158,316 $170,000 $241,000 $240,000 $256,000 R 31101 LEGAL 0 2,000 1,700 2,000 2,000 R31502 ENGINEERING 0 50,000 43,800 10,000 60,000 R 32001 AUDIT 5,000 5,000 5,000 5,000 5,000 R 3402 TESTING 34,623 57,285 56,700 92,285 92,285 R 3406 METER CALIBRATION 2,213 3,000 3,000 3,000 3,000 R 4630 SERVICES (LAWN MAINT) 6,953 7,000 8,500 10,00o 10,000 R 43000 FUEL FOR VEHICLES 1,000 1,000 1,000 1,000 1,000 R 4300 ELECTRICITY 384,219 500,000 395,000 425,000 425,000 R 45001 INSURANCE 32,000 32,000 32,000 32,000 32,000 R 46014 M & R EQUIPMENT 10,681 8,000 8,000 8,000 8,000 R 4640 M & R BUILDING 1,132 1,000 1,000 1,000 1,000 R 4902 LICENSES & PERMITS 0 0 0 0 0 R 5204 SUPPLIES LAB 1,346 10,000 17,000 17,000 17,000 R 52103 CHEMICALS 242,677 272,300 225,000 272,300 276,500 TOTAL BUDGET: $880,160 $1,118,585 $1,038,700 $1,118,585 $1,188,785 acd detail fy 2013 -2014 Page 1 of 1 71912013 11:01 AM AGFNDA ITEM J I c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FN 2013 -2014 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET R 1212 REGULAR WAGES Reclaim charged (20 %) $256,000 work related to reclaim R 31101 LEGAL Attorney fees associated with 2,000 reclaim R 31502 ENGINEERING Engineering fees 60,000 (Permit renewal - est $58k) from General Consult R 32001 AUDIT Audit fees for reclaim 5,000 R 3402 TESTING Costs associated for lab fee 92,285 ($35k MIT Deepwell Testing Permit Required) R 3406 METER CALIBRATION Calibration of transmitters, 3,000 totallizers, recorders as required R 4630 SERVICES - Ground Cost incurred for maintenance , 10,000 of grounds associated with reclaim R 40003 FUEL FOR VEHICLES Fuel for monitoring of reclaim 1,000 & Golf Course service /meter reading R 4300 ELECTRICITY 5,700,000 kwh * .0751kwh 425,000 (kwh .075 avg) R 45001 INSURANCE Property liability package for 32,000 reclaim covered under plant policy R 46014 M & R EQUIPMENT Annual repair items for reclaim 8,000 pumps & equipment in -plant R 4640 M & R BUILDINGS Cost incurred for repair of reclaim 1,000 buildings R 4902 LICENSE & PERMITS Cost for State & local reclaim 0 permits R 5204 LAB SUPPLIES Lab supplies consumed for 17,000 testing required by FLDEP & NELAC Specific for Reclaim R 32103 CHEMICALS Sodium Hypochlorite - 276,500 GF Line item= 52108 est salt 1,050 tons @ $110. per ton 115,500 --------------- -- 4300 est $36,000 water for production 36,000 4302 est electric for production 1,650,000kw 125,000 TOTAL BUDGET: $1,188,785 (16.5 mgd est) approx. 6000 mg annual = rate 0.19813 Prior FN 2011 -2012 0.18643 6000 MGY - 0.0117 acct detail fy 2913 -2014 Page 1 of 1 719/201311 01 AM MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED (GA), Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: July 30, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 FINAL BOUNDARY PLAT APPROVAL/DELRAY PLACE ITEM BEFORE COMMISSION The item before the City Commission is approval of a final boundary plat for a new commercial shopping center being platted as Delray Place. The subject property is located at the southeast corner of Linton Boulevard and South Federal Highway. The plat is being processed pursuant to LDR Section 2.4.5(K), Minor Subdivisions. BACKGROUND The proposed final boundary plat for the property is a replat of a portion of Old Harbor Office and Bank Facility, according to the plat thereof as recorded in Plat Book 42, Page 61, Public Records of Palm Beach County, Florida; and all of Old Harbor Office and Bank Facility II, according to the Plat thereof as recorded in Plat Book 42, Page 62, Public Records of Palm Beach County, Florida. Since this is a boundary plat, it will consist of only one development parcel, Tract "A ". The plat contains a number of new water, sewer and drainage easements located throughout the property and new 10 foot general utility easements located along South Federal Highway and Eve Street. An existing 12 foot utility easement along Linton Boulevard, which was dedicated with the prior plat, is being retained with the replat. A non - vehicular access line is being provided along all adjacent roadways to limit vehicular access to the driveway connections indicated on the approved site plan. The replat will allow for development of the approved Delray Place project. The Class V Site Plan for Delray Place was approved by the Site Plan Review and Appearance Board on June 12, 2013 with conditions. This Site Plan was included in Ordinance No. 41 -12 which rezoned the property from POC (Planned Office Center) to SAD (Special Activities District). The ordinance was approved by the City Commission on July 9, 2013. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. When a boundary plat for a single parcel is to be developed pursuant to an approved site and development plan, a finding must be made that the final plat is consistent with the findings made upon approval of the site and development plan. As noted above, the property within this plat will be redeveloped for the Delray Place commercial shopping center. The replat is consistent with the approved site plan and the findings made for that site plan approval. REVIEW BY OTHERS The Plat was processed as a Minor Subdivision; therefore, it is forwarded directly to the City Commission for final action. No other Board review or action is required. RECOMMENDATION Move approval of the Final Boundary Plat for Delray Place, by adopting the findings of fact and law contained in the staff report; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(x) (Minor Subdivisions) of the Land Development Regulations. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING .tune 12, 2013 DATE: ITEM: V. C. Delray Place: Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of a 125,927 sq. ft. shopping center consisting of multiple commercial buildings, parking and landscaping on a 9.95 acre site located on the southeast corner side of Linton Boulevard and South Federal Highway. (1801 and 1845 South Federal Highway). GENERAL DATA: Agent .... ............................... Weiner, Lynne & Thompson, P.A. Location ... ............................... Southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) Property Size .......................... 9.95 acres Existing FLUM ......................... TRN (Transitional) Current Zoning ........................ POC (Planned Office Center) Proposed Zoning ..................... SAD (Special Activities District) Adjacent Zoning ............ North: PC (Planned Commercial) and RM (Multiple Family Residential - Medium Density) East: R- 1 -AA -B (Single Family Residential) And CD (Conservation District) South: PC (Planned Commercial); RM (Multiple Family Residential- Medium Density); R- 1 -AA -B (Single Family Residential. West: PC (Planned Commercial) Existing Land Use ................... Old Harbor Office and Bank Facility Proposed Land Use ............. I Water Service .................... Multiple building commercial shopping center development Available via connection to a 12" water main located on the east side of S. Federal Hwy., a 10" water main on Eve Street, and a 6" water main on the south side of Linton Boulevard. Sewer Service ..................... Available via connection to a 8" sewer main located on Eve Street. ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class V site plan request for Delray Place, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): • Site Plan; • Landscape Plan; • Architectural Elevations; and The subject parcels are located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). BACKGROUND ANALYSIS The 9.95 acre property was originally annexed into the City of Delray Beach in the early 1980's. The existing development on the property, which was constructed in 1983, is known as the Old Harbor Office and Bank Facility, and consists of 96,702 square feet of office use in three buildings. In 1991, the City of Delray Beach adopted new Land Development Regulations and the property was assigned the new zoning designation of POC (Planned Office Center), which was consistent with the existing office development. A policy requiring that a redevelopment plan be prepared for South Federal Highway was added to the Comprehensive Plan in Amendment 2008 -1, adopted on December 9, 2008. In March of 2011, staff attended two public workshops with property owners, residents and business owners in the area to discuss existing conditions, identify problems and listen to what the attendees had to say about how the area should be redeveloped. After the initial workshops, staff prepared a series of recommendations for the redevelopment area and held a second set of two workshops in June of 2011 to discuss the recommendations and get feedback from the attendees. Staff presented two alternatives for the redevelopment of the subject property at these workshops. One alternative was to rezone the property to PC (Planned Commercial) to allow development of a commercial shopping center. The second alternative was to rezone the property to AC (Automotive Commercial) to allow development of an automobile dealership. Staff's recommendation was for the Planned Commercial alternative and the response from residents was generally favorable, although some residents felt that the area was better suited for automobile sales, which they also felt would be less impacting to the adjacent neighborhood. The property was acquired by the current owner in September, 2011, and an application to initiate a Future Land Use Map amendment and a zoning change to PC (Planned Commercial) was submitted on January 6, 2012. Since the proposal was in keeping with staff's recommendation, the application was supported by staff. However, residents were concerned that the redevelopment of the property would not have to comply with buffering and setback provisions which had been previously presented for inclusion in the redevelopment plan, and felt that action on the proposal should be delayed until the Redevelopment Plan was completed. Ultimately, the application was continued for a period of up to six months at the public hearing on the ordinance by the City Commission on April 3, 2012. This continuance was to give the applicant time to address the concerns of the residents of the adjacent neighborhood to the east. Since the residents' concerns were mostly site development issues related to building size, setbacks, location of service areas, and buffering, an alternative rezoning to SAD (Special Activities District) was also discussed. This zoning district requires that a site plan be included as part of the rezoning action and would provide a higher level of comfort to the adjacent residents. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 2 The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, 2012. The Plan recommended that the subject property retain its original POC zoning with the option for a privately- initiated rezoning by the property owners to SAD. Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property is not required to comply with the Redevelopment Plan per se. However, it is noted that the underlying issue of compatibility with the adjacent residential neighborhood, discussed in the Redevelopment Plan, must still be addressed during consideration of the project proposal. If the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. On August 21, 2012, the City Commission approved the applicant's request for up to an additional 6 months (in addition to the 6 months previously granted) to submit a privately sponsored rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the subject property. The applicant amended the rezoning application on September 7, 2012 to request SAD zoning. The SAD rezoning process is shown below: 1. Planning and Zoning Board review of the SAD and a recommendation made to the City Commission; 2. First reading of the SAD Rezoning Ordinance by the City Commission; 3. Review of the site plan by the Site Plan Review and Appearance Board; and 4. Second and final reading of the SAD Rezoning Ordinance, which will include the approved site plan, by the City Commission. The site plan for Delray Place was reviewed by SPRAB on December 12, 2012 and received denials on the Class V Site Plan, Landscape Plan, Architectural Elevations and six of the associated waivers. On December 14, 2012, the applicant submitted an appeal of the SPRAB decisions to the City Commission. This appeal was to be scheduled for January 3, 2013, in conjunction with the second reading of the SAD rezoning ordinance. On December 17, 2012, the applicant submitted a letter requesting that SPRAB reconsider its denial of the Delray Place Site Plan, which included denials of a Class V Site Plan, Landscape Plan, Architectural Elevations and associated Waivers, subject to the conditions that the appeal to the City Commission be withdrawn; and that the revised Site Plan, Landscape Plan and Architectural Elevations be brought back before SPRAB no later than March 13, 2013. At its meeting of December 19, 2012, SPRAB moved to reconsider denial of the project subject to the two conditions. On December 20, 2012, the applicant submitted a letter requesting that the appeal be withdrawn and that the second reading of the ordinance be deferred. At its meeting of January 3, 2013, the City Commission agreed to defer second reading of the ordinance to no later than May 5, 2013. The site plan for Delray Place was reviewed again by SPRAB on March 13, 2013. The Board tabled the Class V Site Plan, Landscape Plan and Architectural Elevations with direction that the applicant address the issue with the building at the corner of Linton Boulevard and South Federal Highway. The Board approved the following five associated waivers: A waiver to LDR Section 4.3.4(1-1)(6)(b)(1), to reduce the required 25 foot special landscape buffer along South Federal Highway to 15 feet. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 3 • A waiver to LDR Section 4.3.4(H)(6)(b)(4), to reduce the required special landscape buffer along Linton Boulevard from the required 15.5 and 30 feet to 9 feet. • A waiver to LDR Section 4.6.16(H)(3)(i), requiring landscape islands to be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces or fifteen (15) compact parking spaces. Five (5) required landscape islands are not being provided. • A waiver to LDR Section 4.6.16(H)(3)(i), requiring landscape islands which contain a minimum of one hundred thirty -five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb. Eight (8) islands are being reduced from 9 feet to 8 feet, and Four (4) islands are being reduced in size from a minimum of 135 square feet to a minimum 100 square feet. • A waiver to LDR Section 4.6.16(H)(3)(k), requiring a 5' landscape strip with a two foot hedge to be placed between abutting parking tiers, to allow sidewalks to be placed in two required landscape strips. The Board also recommended approval to the City Commission of the following two waivers: • A waiver to LDR Section 4.4.25(D)(1), for pavement encroachment into the required 15' perimeter setback for the SAD zoning district, for the driveway /parking aisle along Linton Boulevard and the outdoor dining area along the south side of the 400 building. A waiver to LDR Section 4.6.9(D)(3)(c), Stacking Distance, to reduce the required 50 foot stacking distance between a right -of -way and the first parking space or aisle way in a parking lot to twenty -seven (27) feet for the two entrances on Linton Boulevard and thirty -three (33) feet for the entrance on Eve Street. On, March 26, 2013, the City Commission approved a waiver to LDR Section 4.4.25©(2), Alternative Processing" for the establishment of an SAD zoning district, to allow second reading of Ordinance No. 41 -12 to occur greater than 180 days after first reading, but before July 18, 2013. The site plans have been modified to reduce the size of the 100 building at the corner by approximately 500 square feet and to add a decorative landscape entry feature with a fountain. Now before the Board for consideration is the Class V Site Plan proposal for the project which includes construction of a 123,745 sq. ft. (125,927 sq. ft. with alternative layout) shopping center consisting of ten buildings, parking and landscaping on the subject property. This is Step 3 in the SAD rezoning process. The Planning and Zoning Board recommended approval of the SAD rezoning on October 15, 2012 and the City Commission passed the SAD Rezoning Ordinance on 1St Reading on November 6, 2012. Second and Final reading of the Ordinance is scheduled for July 9, 2013. It is noted that both the P &Z Board recommendation and the City Commission approval on first reading did not endorse the related site development plan. It was anticipated that modifications of the site plan would be made to ensure compatibility with adjacent properties. Actions on the site plan as it relates to this compatibility were deferred to SPRAB. PROJECT DESCRIPTION The development proposal consists of the following elements: O Building "100 ": 3,474 sq. ft. bank with drive -thru lanes; or alternative plan with 5,656 sq. ft. of retail /restaurant use. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 4 • Building "200 ": 5,600 sq. ft. of retail /restaurant use with outdoor dining area. • Building "300 ": 5,694 sq. ft. of retail /restaurant use with outdoor dining area. • Building "400 ": 7,882 sq. ft. of retail /restaurant use with outdoor dining area. • Building "500 - 504 ": 32,015 sq. ft. of retail use with enclosed truck wells, loading area and trash compactor. • Building "506 - 510 ": 46,882 sq. ft. of retail use and enclosed truck wells, loading area and trash compactor. • Building "600 ": 5,000 sq. ft. of retail /restaurant use with outdoor dining area. • Building "700 ": 5,000 sq. ft. of retail /restaurant use with outdoor dining area. • Building "800 ": 5,000 sq. ft. of retail /restaurant use with outdoor dining area. • Building "900 ": 5,476 sq. ft. of retail /restaurant use with outdoor dining area. • Construction of a 403 space parking lot (410 with alternative Building 100 layout) • Installation of associated landscaping and design elements, including trellises, benches and trash compactor enclosures. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. SAD Rezoning Ordinance: The applicant submitted a revised SAD Rezoning Ordinance (attached). Staff has one concern with the underlined section of Section 5 of the Ordinance which has an impact on the site plan approval: Section 5. Permitted Uses. That the development of the Subject Property described in Section 2, above, is approved for all uses set forth in LDR Section 4.4.9, General Commercial (GC), with the exception of residential -type uses, and shall include but not be limited to commercial, general retail, banks, office, business, professional, medical, dental, personal services and facilities, restaurants, food stores, supermarkets, health clubs /gyms, pharmacies, movie theatres, and all other commercial related uses. Additional uses within the Subject Property may be allowed but only after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. Total restaurant uses permitted on the Subject Property shall initially be allowed up to 23,218 leaseable square feet which is based on twenty percent (20 %) of the total leasable 116,089 square footage as set forth on the site plan, subject to an increase in such restaurant and other uses to be determined after submittal to and approval by the City of a parking utilization study performed by a licensed traffic engineer selected by the developer, which parking utilization study demonstrates that the actual overall parking used is less than the provided parking or the conclusions and presumptions set forth in the Shared Parking Analysis Matrix attached hereto as Exhibit "C" are satisfied. Said parking utilization study must be prepared and submitted after the first peak season and at least (6) months after receipt of the first Certificate of Occupancy for the Subject Property. If supported by the parking utilization study and approved by the City, the restaurant area may be increased up to 35,988 square feet which is approximately thirty -one percent (31 %) of the total leasable 116,089 square footage as set forth on the site plan, which is SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 5 the maximum restaurant area shown in the Shared Parking Analysis Matrix attached hereto as Exhibit "C ". Staff recommends that the parking study be prepared during (not after) the first peak season when the shopping center is at least 89% occupied. That will allow the developer to lease the remaining 11 % for restaurants (bringing the total to 31 %) if the study supports it. Section 4.4.25 Special Activities District (SAD) Regulations Perimeter Setback Landscape Requirements: Pursuant to Section 4.4.25(D)(1), "A minimum setback of fifteen feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any street side setback, the fifteen foot (15) setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street. " SPRAB recommended approval of a waiver to this requirement to the City Commission on March 13, 2013. Parking: Pursuant to LDR Section 4.4.25(E)(1), "Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan." The parking requirement for shopping centers of this size is typically 4 spaces per 1,000 square feet in the City [LDR Section 4.6.9(C)(3)(e).] This would result in a requirement of 455 spaces for the 113,907 square foot shopping center. The proposed site plan shows 403 spaces, a reduction (11.4 %) from this requirement with a deficit of 52 spaces. The alternative plan for the 100 building would require 464 spaces for the 116,089 square foot shopping center, while 410 have been provided, a deficit of 54 spaces or (11.6 %). The site plan has been revised since the last submittal to reduce the total building area by 493 square feet to accommodate the landscape feature at the corner. The SAD Rezoning Ordinance includes A "Shared Parking Analysis Matrix ", which provides a method to calculate the total parking demand for the shopping center based on uses. The current ordinance will allow only 20% (23,218 square feet) of the total leasable building area to be restaurants until a parking utilization study is prepared after the first peak season at least 6 months after receipt of the first Certificate of Occupancy to evaluate the adequacy of the parking. This was reduced from 25 %in the previous ordinance. The 25% figure is based on the standard figure used by Palm Beach County for shopping centers to determine traffic concurrency. If supported by the parking utilization study and approved by the City, the restaurant area may be increased to approximately 31% (35,988 square feet) of the total leasable building area, which is the maximum restaurant area shown in the Matrix. As noted above, staff recommends that the parking study be performed during the peak season and that the shopping center be at least 89% occupied when the study is performed. There is approximately 4,900 square feet of potential outdoor dining area (sidewalk cafes) around the buildings in the shopping center. Sidewalk cafes create a vibrant atmosphere that enhances the area and adds to the overall shopping experience of the customers. While additional parking is not required for areas designated as sidewalk cafes, an annual permit fee is required. The permit fee is currently $4.75 per square foot of approved sidewalk cafe space. If the parking study mentioned above shows that parking at the shopping center is not adequate, the permits for some or all of the outdoor cafe areas may not be renewed until some mechanism is employed to reduce the parking deficit. This could include a change of use in one or more of SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 6 the buildings with a lower parking demand or employing Transportation Demand Management (TDM) initiatives to reduce automotive dependence. While a waiver is not required for the SAD zoning District, the number of spaces must be adequate to support the proposed development. A parking study has been provided by TrafTech to support this reduction. The overall parking ratio for the project as designed is 3.53 per 1,000 square feet of commercial space. The Parking Needs Analysis in the Study, which is based on a Shared Parking Analysis Matrix and information published by the Institute of Transportation Engineers (ITE) in their Parking Generation (4`" Edition) manual, sets the maximum parking required for the center at 397 spaces. Staff reviewed the ITE report and notes that the figure presented represents the "average peak period parking demand" of 2.94 vehicles per 1,000 sq. ft. The applicant also provided additional supporting data, including information on 2 shopping centers with comparable parking to support the reduced number. The actual parking requirements of the shopping center will ultimately be determined by the mix of uses in the center. A balance must be struck between uses with higher and lower parking demand. This is where a successful shopping center developer and management company is needed. Retail Property Group, Inc. "RPG" is a locally based shopping center developer with significant long term successful shopping center industry experience. RPG currently owns and operates thru wholly owned separate affiliated companies without any partners, 7 quality shopping centers averaging about 175,000 sf each for a total of approx.1,200,000 sf throughout southeast Florida which have been successfully developed by RPG from ground up and /or thru major redevelopment. RPG will be the developer and operator of Delray Place and an affiliated wholly owned company of RPG designated as Delray Place, LLC, is the owner of Delray Place. RPG is putting its reputation and money on the line that this project will be successful. Based on their experience and their current leasing efforts, they insist that the parking provided in this project is adequate. It is also noted that the applicant has committed to meeting with South Florida Commuter Services (SFCS) and SAFE to explore TDM initiatives that could alleviate parking demand, especially for employees at the shopping center. To ensure that this does occur, this has been added as a condition of approval to occur prior to site plan certification. The proposed shopping center at this location is a highway- oriented development. Due to the major perimeter roadways, walls around the rear of the property and the vehicular gate on Eve Street, overflow parking is highly unlikely to impact the surrounding residential neighborhood or the adjacent commercial properties. Eve Street itself is the only logical overflow parking area if the parking lot at the shopping center is full. To negate this possibility, no- parking signs must be placed on Eve Street and the applicant must pay for these signs. This has been added as a condition of approval. LDR Section 4.3.4(K) Development Standards Matrix — Nonresidential Zoning Districts: The following address the Development Standards of LDR Section 4.3.4(K) as it pertains to the Special Activities (SAD) zoning district: Building Height: The maximum height in the SAD zoning district is 48 feet. Although all the proposed buildings are 1 -story with the top of roof at 18 feet, they appear much higher from the front and sides adjacent to the parking areas with decorative parapets, towers, and entry features projecting up to 40 feet in some instances. It is noted, however, that these elements do not occur in the rear of the buildings, adjacent to the residential area to the east. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 7 The parapets are 23 feet in height in the rear of the 500 buildings with the 500 -504 building located approximately 30 feet from the rear property line. While the 506 -510 building is located only 15 feet from the rear property line, it is further buffered from the residential area by Spanish Trail and a 10' park reservation. At the request of the residents on McCleary Street, the parapet has been eliminated in the rear of the 600 -1000 buildings and an aluminum screen placed further towards the front of the building to screen mechanical equipment. This reduced the height of the buildings in this area from 23 feet to 18 feet and improved compatibility with the adjacent residential development. Building Setbacks: The required perimeter building setback in the SAD zoning district is 15 feet, and all of the proposed buildings meet this requirement. The front and side street setbacks vary throughout the site with the four outbuildings creating an urban edge along South Federal Highway. These buildings are set back 15 feet. To maximize the available parking area, the larger 500 buildings are positioned to the rear of the parcel with the 500 -504 building approximately 30 feet from the rear property line and the 506 -510 building at the rear 15 foot setback line. The 600 to 900 buildings facing Linton Boulevard are also positioned at the rear 15 foot setback line in order to provide adequate area in the front for parking and pedestrian connectivity along this narrower section of the property. Open Space: The required open space in the SAD zoning district is 25% and 25.3% (25.2% with the alternate layout) has been provided. In order to provide the required open space for the project, the existing parking area in the eastern portion of the property along Linton Boulevard is being removed and the area landscaped. While it would be better if the required open space could be distributed throughout the site, it is acknowledged that this dogleg area does present challenges to redevelopment, and the proposed solution does meet the requirements of the LDRs. LDR Article 4.6 — Supplemental District Regulations: Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D -2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. The minimum requirement for shopping centers is 5 spaces per 100,000 square feet of gross floor area, which means that a total of 6 spaces are required for the project. Five (5) bike racks, each with 4 spaces, are proposed for the project, thereby meeting the minimum number of spaces required. These racks are all located along pedestrian connections to the perimeter sidewalk system which provide convenient access points to all buildings on the site. Since, this project does not meet the City's standard minimum automotive parking requirements for shopping centers, the use of bikes as an alternative transportation method, especially for employees at the shopping center should be encouraged as much as possible. Therefore, an assessment must be made during the first peak season at least 6 months after receipt of the first Certificate of Occupancy to determine if the number of bike racks is adequate for the project. This has been added as a condition of approval. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Pursuant to the Florida Accessibility Code for Building Construction, the nine (9) of the parking spaces serving the development must be handicap accessible. A total of SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 8 thirteen (13) handicap accessible parking spaces are proposed. Thus, this LDR requirement has been met. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transitioning of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum stacking distance between a right -of -way and the first parking space or aisle way in a parking lot that contains 51 or more spaces is fifty feet (50'). This distance has not been provided at the driveway connections to Eve Street and Linton Boulevard. SPRAB recommended approval of a waiver to reduce the stacking distance from the fifty feet (50') for parking lots with fifty -one (51) or more spaces required pursuant to LDR Section 4.6.9(D)(3)(c)(1) to twenty -seven (27) feet for the two entrances on Linton Boulevard and to thirty -three (33) feet for the entrance on Eve Street.to the City Commission on March 13, 2013. Bank Drive -thru Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(2), provisions must be made to provide for one hundred feet (100') of clear stacking from the first point of transaction for each lane of a drive -thru facility. The development proposal consists of a two (2) lane drive -thru facility in which each lane provides the minimum 100' of stacking. Thus, this standard has been met. Site Visibility Triangles: Although site visibility triangles have been indicated on the site and landscape plans, the triangle for the intersection of Eve Street and South Federal Highway is shown in the wrong location. Additionally, pursuant to Section 4.6.14(B)(5), "Sight visibility measurements at the intersection of a right -of -way, access way, or driveway and a right -of -way under County, State or Federal jurisdiction are subject to sight visibility requirements from those authorities." Provide modify the site visibility triangles shown on the plans for the driveway connections and roadway intersections involving South Federal Highway to meet the requirements of Florida DOT. Add sight visibility triangles where missing and modify the Site, Landscape and Engineering plans as required to depict the correct site visibility triangles. This has been added as a condition of approval. Refuse Enclosures: Pursuant to LDR Section 4.6.6(C)(1), dumpster, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right -of -way. 11 foot high free - standing trash compactor enclosures with roll up doors have been proposed for the 100 to 400 buildings. The enclosures have green walls and design elements to match the architectural features and colors of the adjacent buildings. Enclosed trash compactors have been integrated into the 500 -504, 506 -510, 800 and 900 buildings. Therefore, this LDR requirement has been met. Lighting: A submitted photometric plan and details of the light pole and wall mounted light fixtures have been submitted. Wall mounted, under overhangs, and under canopy light fixtures will be LED units (light- emitting -diode fixtures). Metal halide fixtures mounted on light poles at a height of 25' are provided throughout the parking lot. The illumination levels for the parking area as well as for the buildings at the entrances and under canopies, drive -thru and overhangs comply with the standards of Section 4.6.8. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 9 Based on the CPTED review, it is recommended that the parking lot fixtures be changed to LEDs, as they provide the best light with the least amount of glare. Wire cages or industrial strength shatter resistant lenses be placed over the light to deter vandalism. A note to this effect must be included on the site plan. This has been added as a condition of approval. Also note that Florida Statutes include certain requirements with regard to the lighting of automated teller machines (ATM). These requirements are as follows: O F.S. 655.962(1)(a): There shall be a minimum ten (10) footcandle power whereat the face of the automated teller machine and extending in an unobstructed direction outward five feet (5). O F.S. 655.962(1)(b): There shall be a minimum of two (2) footcandle power within 50' in all unobstructed directions from the face of the ATM. O F.S. 655.962(1)(c): There shall be a minimum of two (2) footcandle power in that portion of the defined parking area within 60' of the ATM. If the bank is to have an exterior ATM, the photometric plan must be consistent with the above Florida Statutes, as well as meet the requirements of LDR Section 4.6.8. Signs: The signs depicted on the site plan are not included with this site plan approval. OTHERISSUES Special Landscape Setbacks: Pursuant to LDR Section 4.3.4(1-1)(6)(b), "Within the following special landscape setbacks, no structures shall be erected, altered, or reconstructed, nor shall any paving be allowed except for driveways and sidewalks leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways." Linton Boulevard: Pursuant to LDR Section 4.3.4(1-1)(6)(b)(4), a special landscape area shall be provided along Linton Boulevard, from A -1 -A to the western City limits. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). Therefore, a 15.5 foot buffer is required along the narrow portion of the property along Linton Boulevard; and a 30 foot buffer is required along the deeper portion of the property to the west. A waiver to reduce the special landscape setback required from 15.5 feet for the narrow portion of the property and 30 feet for the deeper portion of the property to nine (9) feet was approved by SPRAB on March 13, 2013. South Federal Highway: Pursuant to LDR Section 4.3.4(1-1)(6)(b)(1), a 25' special landscape area must be provided along Federal Highway (U.S. Highway 1), including the one way pairs (5th and 6th Avenues), extending from the south City limits to S.E. 10th Street. A waiver to reduce the special landscape setback from 25 feet to 15 feet was approved by SPRAB on March 13, 2013. South Federal Highway /Linton Boulevard Intersection: At its meeting of December 12, 2012, SPRAB expressed concerns about the bank building located in the corner of the property at this intersection. The Board felt that the building crowded SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 10 the corner too much and should be removed to provide a more open vista into the property. The applicant did not make this modification prior to resubmittal for the March 13, 2013 meeting. Based on SPRAB's strong objections to the location of this building at the earlier meeting, staff added a condition of approval that the building be eliminated or reduced in size to provide a vista into the property and allow for additional parking. At its March 13, 2013 meeting, SPRAB again expressed concerns about this corner and tabled the item to give the applicant time to address the issue. The building at the corner has been reduced by approximately 500 square feet and a landscape feature, including fountains, has been provided on the revised plans. The applicant has stated that the large roadway intersection at this corner provides views into the interior of the property. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. Therefore, it is attached as a condition of approval that all existing and proposed utilities associated with the development must be located underground and that a note be provided on the site plan to this effect. Right -of -way Dedication: Pursuant to Table T -1 of the Transportation Element of the Comprehensive Plan, the required right -of -way for Linton Boulevard is 120 feet where only 106 feet exists on the north side of the subject property. Pursuant to LDR Section 5.3.1(D)(5), a reduction in the required right -of -way width of existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). On October 4, 2012, the City Engineer and DSMG considered and approved the reduction of right -of -way for Linton Boulevard to the existing width. No additional dedications are required. Bus Shelters: As noted in the Findings section of this report, pursuant to Transportation Element A -1.5 of the Comprehensive Plan, a City approved bus shelter and Mass Transit easement may be required. Work with the Engineering Department to determine if a mass transmit easement should be provided along South Federal Highway. If so, this must be depicted on the site plan, landscape plan, and civil engineering plans. If the project is not adjacent to a bus stop a contribution of approximately one -half the cost of a bus shelter must be paid in -lieu of providing the bus shelter on site. This has been added as a condition of approval and must be addressed prior to site plan certification. Plat: As the development proposal necessitates the dedication of utility easements, the property must be replatted. The recordation of a plat prior to the issuance of a building permit is attached as a condition of approval. Sidewalk Cafes: Many paved outdoor areas surrounding the various buildings in the project have been designated as potential sidewalk cafes on the plans. Pursuant to LDR Section 6.3.3, Sidewalk Cafe, "A sidewalk cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs and associated articles must be located within the sidewalk cafe permit area. Sidewalk cafes allowed only when in compliance with this Section." While additional parking is not required for SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 11 areas designated as sidewalk cafes, an annual permit fee is required. The permit fee is currently $4.75 per square foot of approved sidewalk cafe space. (Also see the Parking Section related to sidewalk cafes.) Preliminary Engineering Technical Items: While revised plans have accommodated most of staff's concerns, the items attached in Appendix "C" remain outstanding and will need to be addressed prior to site plan certification. CPTED REVIEW The following review was provided by Officer G. Wesner of the Delray Beach Police Department. Note: since this CPTED review was based on the earlier site plan submittal, notations have been added to denote chanaes in the current site clan. Overview: The site is situated at the busy S. Federal Hwy and E. Linton Blvd intersection, and extends all the way to the Intracoastal Waterway [ICW]. On the adjacent North side of E. Linton is a successful strip mall containing a popular Carrabas Restaurant, and several retail businesses. Diagonally across S. Federal Hwy the "Plaza at Delray" contains several restaurants and retail businesses including an (18) screen Regal theatre. Upscale homes along McCleary and Eve Streets in the "Tropic Isles" neighborhood will sit less than 100 feet from the rear of the "500 " and `506 "buildings once completed. Currently, the site contains two four story office buildings facing S. Federal Hwy with a third building to the East along E. Linton Blvd. Most recently, one of the four story buildings had been home to a regional banking center; both four story buildings have been largely empty for several years. Delray Place will be completed in several phases; eventually with existing buildings being demolished to make room for new construction. The project will also get a reconfigured parking lot. It will accumulatively encompass (12) separate one -story buildings; over 106,000 square feet of restaurant and retail space. For the most part, the site will be a "medium high risk" location for patrons and employees because (11) of the buildings will be suited for a restaurant; they will likely serve alcohol. The 100 building will be high risk location once it is occupied as a bank. This CPTED review was provided using following resources: Several visits to the location during daytime lighting conditions; Delray Beach Police Department Records (available upon request); site plans containing a comprehensive Photometric Study [PS] and certified by Mark Satz on 11/19/12; and accepted Crime Prevention Thru Environmental Design [CPTED] standards. Natural Surveillance: Natural Surveillance [NS] for each building will be greatly enhanced by the large floor to ceiling windows for each building. overall NS will also be enhanced by the broad stroke of sidewalk cafes areas, and trellis covered benches located throughout the project. Securitv and CCTV.- Historically, crime trends for the site have been at acceptable levels. However, a project such as this will see patronage at levels far higher than those previously seen at the site. Additionally, SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 12 restaurants will bring higher numbers in the evening hours than those seen during the site's previous uses. Therefore, there should be management onsite during normal business hours. Each vender should make use of the latest digital CCTV technology. Building entrances and all "points of purchase" should have facial recognition cameras as well as "anti- shoplifting" alarm devices. Retail users should make use of a cash - control system; have signs indicating that cashiers have limited cash on hand. Additional CCTV systems at the management office(s) will provide coverage at parking lot entrances, as well as store front areas. These should be able to record images of approaching vehicles and their license plates. Lighting and Landscaping: The PS indicates that most of the outdoor spaces will receive between 1 and 8 Foot candles [Fc]. Overall Fc levels are acceptable; however, Fc levels should be increased to a minimum of 2 Fc along the East end of the property. This secluded area of the parking lot sits next to the ICW, has an ongoing history for homeless activity. (Note: This parking area next to the ICW was eliminated in the revised site plan. Since, it is now a landscaped area, the comment is not applicablel "Shoe -box" type fixtures mounted on 15 and 25 foot poles will have L.E.D. fixtures. These L.E.D. fixtures will deter glare, and provide the best visual quality of color available. Furthermore, their high initial cost will be offset in a matter of months by the formidable energy savings that are common with their use. (Note: This was reported in error, LED fixtures are only being used on wall mounted fixtures only, not in the parking lot fixturesl Much of the existing landscaping will be relocated or completely replaced; an important point made readily obvious by the poor condition of the current landscaping. The landscape plan indicates that appropriate trees, shrubs, and ground cover will be used. Proper maintenance will ensure that new landscaping will not inhibit natural surveillance; create ambush points in the parking lot. Natural Access Control [NACI: Egress from the parking lot has always been a concern at this site. The main entrance -exit will continue to be at S. Federal Hwy; it only provides right turn egress from the lot. Furthermore, the entrance along E. Linton Blvd has always been a difficult place to turn left for those wishing to exit West bound; towards 1 -95. Those who chose to exit on Eve St. will only be able to turn right once they are at S. Federal Hwy. Once inside the parking lot, renovations will enhance NAC for all users, and improve safety for pedestrians moving to and from parking areas. Fencing and walls along the southern perimeters will make quick access on foot difficult for abnormal users. The "enclosed truck wells" to the rear of the 500 and 506 buildings will be accessed from the main entrance. Once delivery trucks negotiate customer vehicles, they will be able to easily access loading areas. However, they will also be less than 100 feet from the exclusive "Tropic Isles" Therefore, truck engine noise will be a chronic issue for nearby residents if large trucks are left running in the truck wells. Even covered truck wells project noise several blocks away. (Note : this has been addressed in the SAD Ordinancel CPTED Technical Items: Based on the above CPTED review, the following items need to be addressed prior to site plan certification. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 13 1. CCTV technology should be incorporated into the project. The applicant shall work with the police department to ensure compliance. 2. It is recommended that the light fixtures used in the parking lot be LED as they provide the best light with the least amount of glare. Wire cages or industrial strength shatter resistant lenses be placed over the light to deter vandalism. The photometric plan and other plans that may be affected must be revised to comply with this requirement. LANDSCAPE PLAN ANALYSIS Pursuant to LDR section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). A landscape plan has been submitted and evaluated by the City's Senior Landscape Planner. The plan provides for some building foundation, site perimeter, and parking area landscaping to address the landscaping needs for the proposed commercial development. The total landscape area required for the proposed project is 19,304 sq. ft. and 20,441 sq. ft. are being provided. The proposed development requires a total of 154 interior shade trees and 179 interior shade trees are being provided. The total number of perimeter trees required for the project is 160 trees and the applicant is providing 160 perimeter trees. It is noted that the project will provide a total of 333 trees. All proposed trees along the r -o -w meet "The Right Tree — Right Place as defined by the Florida Power Light company. It is important to mention that the applicant has made an effort to save a total of 11 existing trees that will be relocated on site. The landscape material proposed for the project appears to be abundant and diverse. It is noted that a total of 333 trees which include Verawood, Gumbo Limbo trees, Italian Cypress, Japanese Fern Trees, Jatropha trees, Japanese Privet, Lignum Vitae, High -rise Live Oak, Southern Live Oak, Golden Cassia, and Pink Tabebuia will be planted. Regarding Palm trees the landscape material for the project includes Areca Palms, Alexander Palms, Wild Date Palms, Christmas Palms, Pygmy Date Palms, and Montgomery Palms. A variety of large accents, shrubs, groundcover materials and vines are employed to enhance the proposed development. Accents and Shrubs include Variegated Shell Ginger, Red Ti Plant, Queen Emma Crinum Lily, Bird of Paradise, Red Tip Cocoplum, Muhly Grass, Podocarpus, Wild Coffee, Viburnum and others. The proposed under plantings include Blue Flax Lily, Green Island Ficus, Spider Lilly, Pentas, and Dwarf Podocarpus. Vines include Confederate Jasmin and Bleeding Heart Vine. The City's Senior Landscape Planner has evaluated the landscape plan and found that the plan partially complies with the LDR Section 4.6.16. There are two landscape technical items that the applicant needs to address. These items have been listed below and will be attached as conditions of approval. Thus, once these technical items are addressed, the Landscape Plan will be in compliance with LDR Section 4.6.16. Landscape Technical Items: The following Landscape Plan item remains outstanding, and will need to be addressed prior to certification of the site plan. There is still a deficiency of approximately 640 inches in caliper between the trees that are required to be mitigated for and the new mitigation trees that have been provided. The difference in caliper inches will either have to be made up in the form of money ($100 /caliper inch) or donated trees (equal to the number of caliper inches deficient). The other alternatives are to plant larger trees or relocate additional existing trees that are currently proposed for removal and mitigation. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 14 2. There are several instances where light poles are proposed on top of or immediately adjacent to required trees. Coordinate with the Engineer to move these light poles away from the trees, so that there will be minimal conflict between light pole and tree canopy. Based upon the aforementioned landscaping comments, a positive finding of compliance with the requirements of LDR section 4.6.16 can be made when all outstanding Landscape Technical items are addressed. Parking Lot Islands: Pursuant to LDR Section 4.6.16(H)(3)(i), "Landscape islands which contain a minimum of one hundred thirty -five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces. One shade tree shall be planted in every island with a minimum of seventy -five (75) square feet of shrubs and groundcovers. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Where approval for the use of compact parking has been approved, islands may be placed at intervals of no less than one (1) island for every fifteen (15) compact parking spaces." SPRAB approved waivers to these requirements on March 13, 2013. Landscape Strips Between Parking Tiers: Pursuant to LDR Section 4.6.16(H)(3)(k), "Whenever parking tiers abut, they shall be separated by a minimum five (5) foot wide landscape strip. This strip shall be in addition to the parking stall and be free of any vehicular encroachment, including car overhang. In addition, a two foot (2) hedge shall be installed within this landscape strip and run the entire length of the strip. Pedestrian walkways are permitted to allow passage through the hedge. Nonmountable curbs are not required for these landscaping strips, providing carstops are provided. " SPRAB approved a waiver to this requirement on March 13, 2013. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) — Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board ( SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural design style utilized in the design of the proposed commercial development is an eclectic representation of a modern contemporary style with architectural design elements typically featured in the southeast Florida area. Four outbuildings have been located close to the SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 15 South Federal Highway frontage with parking areas shielded behind the buildings. Two major anchor tenants for the development are located to the rear, opposite the main parking area. Six buildings are located towards the rear property line with the parking lot area facing Linton Boulevard. The concept of an eclectic style of architecture can be defined as the borrowing of various architectural styles to create a functional and cohesive look through color, texture, physical volumes and shapes. The style of Architecture of the proposed commercial development building is an eclectic cotemporary combination of the Caribbean style and colors with a renovated Old Florida Vernacular style of architecture. The architectural elevations include many features and design elements, such as: white translucent laminated glass with aluminum finish mullions, standing seam metal roof, manufactured stone, stucco texture, cantilever wire suspended overhangs, decorative medallions, suspended awnings, metal roofs, decorative wall mounted light fixtures, score lines, stucco texture finishes, smooth stucco banding around the windows, cornice finished flat roofs, various shapes of roofs including flat, arched, and asymmetric roof shapes, decorative brackets to support the roof of some portions of the buildings. Eight different colors are incorporated into the buildings of the commercial development including white, light yellow moonraker, light green, artichoke green, threshold taupe, light brown, robust orange, light blue scandal and van dyke dark brown. The proposed colors will help distinguish among different retail bays and portions of the proposed buildings. The proposed colors combined with different roof shapes and roof lines will create a visually attractive streetscape both along South Federal Highway and Linton Boulevard. The proposed commercial development is a high quality design product and will improve the aesthetics of this important double frontage site and will be in harmony with developments in the area; thus, positive findings can be made with respect to LDR Section 4.6.18 (E). REQUIRED FINDINGS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: Pursuant to Section 3.1.1(A), 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 (FLUM) designation of TRN (Transitional) and the proposed zoning designation is SAD (Special Activities District). Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), SAD Zoning is consistent with any land use designation on the Future Land Use Map. Pursuant to LDR Section 4.4.25(A) "Purpose and Intent' for the SAD zoning district, "While SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 16 with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area." Pursuant to LDR Section 4.4.25(8)(1), "Allowed Uses and Structures ", all uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The proposed SAD rezoning ordinance, prepared by the applicant, was amended to incorporate a list of the uses allowed within the SAD and the maximum intensity (square footage) of each use is controlled by the Shared Parking Analysis Matrix attached to the ordinance. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Pursuant to Section 3.1.1(B), 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. As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. CONSISTENCY: Compliance with performance standards set forth in Article 3.2 and required findings in appropriate sections of LDR Section 2.4.5 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. As described in Appendix "B ", a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy were found: Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. Since the subject property is already developed, soil, topographic and other applicable physical considerations do not have an impact on the appropriate development intensity. Ensuring that the proposed development will be complimentary to adjacent land uses and fulfill remaining land use needs is discussed below. Due to its close proximity to Interstate 95 and the Linton Boulevard Interchange, the Federal Highway / Linton Boulevard intersection is a prime location for destination shopping for goods and services. Commercial activity in Delray Beach has greatly expanded and this intersection has become a robust commercial hub. There are major developments on all four corners of the intersection: the Plaza at Delray Shopping Center at the northwest corner; the Old Harbour Plaza at the northeast corner; the Linton Tower and SunTrust Bank development at the southwest corner; and the Old Harbor Office and Bank Facility on the subject property at the SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 17 southeast corner. While the subject property is zoned POC (Planned Office Center), all three of the other corners are zoned PC (Planned Commercial). Staff continues to support the property owner's proposal to redevelop the site as a high end shopping center, subject to the site plan adequately addressing the development's compatibility with adjacent residential development, and feels that a major retail center at this corner will anchor the South Federal Highway Redevelopment Area and encourage additional redevelopment. The POC zoning designation currently assigned to the property may have been adequate in the past, but office use at this location now represents an economically infeasible use of the property and current market trends indicate that a zoning designation which permits commercial development is more appropriate. Much of the office space in this project is currently vacant and the demand for office space has been marginal in this area. The City is currently promoting office development in the downtown area and in the "Innovation Corridor' along Congress Avenue in the MROC (Mixed Residential, Office and Commercial) zoning district. It would be better if this site did not compete with those initiatives. The proposed SAD zoning designation will allow development of a major commercial shopping center at this location. Since the site plan for the project will be included in the rezoning ordinance, compatibility with the adjacent Tropic Isles single - family residential development to the east can be assured at the time of the rezoning. It is not unusual for commercially zoned property to directly about single - family residential development since properly designed shopping centers can and do exist adjacent to residential development throughout the City. Residential and general commercial uses can be compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods and the residents provide the market base to support the commercial uses. Key issues that needed to be addressed to ensure compatibility included the mix of uses, the level of intensity and appropriate buffering. As discussed below, the revised site plan has addressed these issues with a substantial reduction in building area, a decrease in the maximum potential restaurant area and an increase in open space on the site. Additional issues of compatibility are being addressed in the SAD ordinance. Commercial Development Intensity Comparison Project Name Total Building Area Floor Area Ratio (Square Feet) (Total Building Area /Total Land Area) Delray Place 116,580* 0.27 1801 -1845 South Federal Highway Plaza at Delray 293,327 0.19 1400 South Federal Highway Harbor Plaza 52,679 0.21 1725 South Federal Highway South Delray Shopping Center 91,402 0.24 3001 South Federal Highway Linton Center (Target) 206,008 0.24 1200 Linton Boulevard New Century Commons 89,164 0.23 500 Linton Boulevard Lavers International 88,376 0.24 660 Linton Boulevard * To present a fair comparison, the building area does not include enclosed loading areas, which are not normally provided. The applicant has continued to work with staff and the neighboring residents to mitigate the impacts of the proposed development. While not everyone is completely happy, significant strides have been made to and the revised site plan represents a significant reduction in building area from the prior submittal. The parapets on the back of the buildings adjacent to the SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 18 single family lots on McCleary Street have been eliminated to reduce the overall height of the buildings to 18 feet in order to be more compatible. The trees in this area have been selected to fit in the narrow setback area and the applicant has agreed to a request by the adjacent residents to provide areca palms between the trees along the rear property lines to provide a more effective screen of the buildings. The developer has also agreed to provide sound baffles along the south and east sides of the 500 -504 building and along the north side of the 506 -510 building to mitigate the noise from trucks in this area. The previous elimination of the doors in the rear of the 600 -900 buildings for loading functions and enclosing the outdoor dining areas between the buildings addressed staff's previous concern that noise would impact the adjacent homes; and the revised SAD ordinance does not permit live outdoor entertainment in this area. Although pre- recorded music is allowed, it shall not exceed City noise limits for properties adjacent to single - family residential zoned districts and shall terminate no later than 9:00 pm daily. Future Land Use Element Policy C -1.12: The following pertains to the South Federal Highway area, south of Linton Boulevard. In Fiscal Year 2010111, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, 2012. Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property will not be required to comply with the Redevelopment Plan per se. However, if the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. It is noted that the Redevelopment Plan supports redevelopment of the subject property with a commercial shopping center development, subject to the site plan adequately addressing the development's compatibility with adjacent residential development, and recommends the option for a privately- initiated rezoning by the property owners to SAD. While the PC zoning district would have allowed the proposed uses, the SAD zoning district, with its required site plan, provides the mechanism to ensure compatibility at the time of rezoning. Transportation Element 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. The applicant must work with the Engineering Department to determine if a mass transmit easement should be provided along South Federal Highway. If so, this must be depicted on the site plan, landscape plan, and civil engineering plans. If the project is not adjacent to a bus stop a contribution of approximately one -half the cost of a bus shelter must be paid in -lieu of providing the bus shelter on site. This has been added as a condition of approval and must be addressed prior to site plan certification. Subject to it being addressed at that time, the development will comply with Transportation Element Policy A -1.5. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 19 As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can only be made when all outstanding items attached as conditions of approval are addressed and the two waivers which require approval by the City Commission are either approved or the plans are modified to eliminate the need for said waivers. Pursuant to LDR Section 2.4.5(F)(5), In additions to provisions of Chapter Three, the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Since a rezoning to SAD is linked to a site plan at the time of rezoning, the specific uses are known and compatibility with adjacent and nearby land uses can be assured at that time. This is a unique situation which only occurs with this zoning district. Staff supports SAD zoning at this location, because of this uniqueness. The SAD can be tailored to the situation, allowing both appropriate and compatible commercial development. With this in mind, the compatibility of SAD zoning is entirely dependent on the SAD rezoning ordinance and the associated site plan. As stated earlier in this report, the revised site plan and SAD ordinance have undergone significant modifications to increase compatibility with the adjacent residential development to the east. With these modifications and compliance with the additional conditions of approval contained in this staff report, a positive finding with respect to Section 2.4.5(F)(5) can be made. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners and /or civic organizations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Tropic Isle Civic Association • Banyan Tree Village • Domain Delray • Harbour's Edge • Harbourside • Linton Woods • Pelican Pointe • Pelican Harbor • Spanish Trail Condo • Tropic Bay • Tropic Harbor Adjacent Zoning: Adjacent Land Uses: North PC (Planned Commercial) and RM Old Harbor Shopping Plaza and Harbors Edge (Multiple Family Residential) Multiple family Residential Development West PC (Planned Commercial) SunTrust Bank and Burger King East R- 1 -AA -B (Single Family Residential) and Tropic Isles Single Family Residential CD (Conservation District) Development South PC (Planned Commercial) & R- 1 -AA -B Tropic Square Shopping Center and Tropic Isles (Single Family Residential) Residential Development Since a rezoning to SAD is linked to a site plan at the time of rezoning, the specific uses are known and compatibility with adjacent and nearby land uses can be assured at that time. This is a unique situation which only occurs with this zoning district. Staff supports SAD zoning at this location, because of this uniqueness. The SAD can be tailored to the situation, allowing both appropriate and compatible commercial development. With this in mind, the compatibility of SAD zoning is entirely dependent on the SAD rezoning ordinance and the associated site plan. As stated earlier in this report, the revised site plan and SAD ordinance have undergone significant modifications to increase compatibility with the adjacent residential development to the east. With these modifications and compliance with the additional conditions of approval contained in this staff report, a positive finding with respect to Section 2.4.5(F)(5) can be made. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners and /or civic organizations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Tropic Isle Civic Association • Banyan Tree Village • Domain Delray • Harbour's Edge • Harbourside • Linton Woods • Pelican Pointe • Pelican Harbor • Spanish Trail Condo • Tropic Bay • Tropic Harbor SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 20 Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. A substantial number of emails and letters have been received and are attached to this staff report. Other letters of objection and /or support, if any, will be presented at the Site Plan Review and Appearance Board ( SPRAB) meeting. ASSESSMENT AND CONCLUSION Staff continues to support the property owner's proposal to redevelop the site as a high end shopping center, subject to the site plan adequately addressing the development's compatibility with adjacent residential development, and feels that a major retail center at this corner will anchor the South Federal Highway Redevelopment Area and encourage additional redevelopment. The proposed SAD zoning designation will allow development of a major commercial shopping center at this location. Since the site plan for the project will be included in the rezoning ordinance, compatibility with the adjacent Tropic Isles single - family residential development to the east can be assured at the time of rezoning. Key issues that needed to be addressed with the revised site plan to ensure compatibility included the mix of uses, the level of intensity and appropriate buffering. The currently proposed site plan for Delray Place has adequately addressed these issues subject to conditions of approval. As stated earlier, a commercial shopping center is the best use of this property and it will be a catalyst for redevelopment of the South Federal Highway corridor. There are still a number of outstanding issues that will be addressed as conditions of approval, including a number of Landscape and Engineering items. ALTERNATIVE ACTIONS A. Move postponement of the Class V site plan, landscape plan and architectural elevations for Delray Place, by electing to continue with direction. B. Move approval of the Class V site plan, landscape plan and architectural elevations for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(F)(5), and Chapter Three of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class V site plan, landscape plan and architectural elevations for Delray Place, 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 Sections 2.4.5(F)(5), and Chapter Three of the Land Development Regulations. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 21 STAFF RECOMMENDATION By Separate Motions: Site Plan: Move approval of the Class V site plan for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(F)(5) and Chapter Three of the Land Development Regulations, subject to the following conditions: 1. Add sight visibility triangles where missing and modify the Site, Landscape and Engineering plans as required to depict the correct site visibility triangles. 2. A note shall be placed on the site plan that all existing and proposed utilities associated with the development must be located underground. 3. The signs depicted on the site plan are not included with this site plan approval. 4. The developer shall work with the Engineering Department to determine if a mass transmit easement should be provided along South Federal Highway. If so, this must be depicted on the site plan, landscape plan, and civil engineering plans. If the project is not adjacent to a bus stop, a contribution of approximately one -half the cost of a bus shelter must be paid in -lieu of providing the bus shelter on site. 5. The property must be replatted and the plat must be recorded prior to the issuance of a building permit. 6. Satisfy the Preliminary Engineering Technical Items identified in "Appendix C' of the staff report prior to site plan certification. 7. CCTV technology should be incorporated into the project. The applicant shall work with the police department to ensure compliance. 8. Light fixtures used in the parking lot shall be changed to LED as they provide the best light with the least amount of glare. Wire cages or industrial strength shatter resistant lenses be placed over the light to deter vandalism. The photometric plan and other plans that may be affected must be revised to comply with this requirement. 9. The developer will pay for the manufacture and installation of "no parking" signs along Eve Street. 10. If any of the uses in the Delray Place project requires an auxiliary power generator pursuant to the Specific Requirements for Specific Uses in LDR Section 4.3.3, the generator(s) shall not be located outside the building on the ground in the rear of the development adjacent to the residential neighborhood, unless located on the roof, appropriately screened and no closer than 16 ft to the rear of the buildings. 11. The exhaust ports for any restaurant ventilation hood system in the 600 to 900 and 500- 504 and 506 -510 buildings must be located on the roof and not in the rear wall facing the residential neighborhood and no closer than 16 ft from the rear of the buildings. 12. Delray Place shall, by the date the first major tenant opens, install an island that restricts Delray Place internal southbound exiting traffic to right -turn only onto Eve Street. In the event that, at some point in the future, and after all applicable City of Delray Beach process, and after all applicable public hearings, including but not limited to those before the Planning & Zoning Commission and the City Commission, a final development approval is issued by the City for the adjacent (on the south) Tropic Square shopping Center, which approval allows a cross - access across Eve Street with Delray Place, then SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 22 the aforesaid island, upon the completion of said Tropic Square cross - access, may be removed. Removal of the island shall not be considered an amendment to the Delray Place Ordinance and /or amendment to the Site Plan Approvals such as would otherwise require compliance with public notice and hearing procedures for site plan approval and /or rezoning ordinances and shall control in all instances to the extent of any inconsistency with any other approval granted by the City. 13. A Parking Utilization must be prepared during the first peak season when the shopping center is at least 89% occupied outlining that all parking spaces are not being consistently used and a regular parking shortage problem is not occurring, to justify the adequacy of the provided parking. 14. If the Parking Utilization Study condition 13 above provides that all parking spaces are being consistently used and a regular parking shortage problem is occurring, then developer shall provide to alleviate the parking shortage any of the following: (a) on -site valet parking, (b) off -site valet parking, (c) off -site private property employee parking, (d) off -site public property employee parking, (e) off -site nearby customer shuttle parking (f) South Florida Commuter Services Transportation Demand Management "TDM" Programs such as, car & van & bus pooling, bicycling and bicycling parking, preferential car & van pooling parking programs, South Florida vanpools, transportation partnerships, shuttle shared system, ride sharing & matching, other TDM programs (e) any other reasonable programs. 15. An assessment must be made during the first peak season budgeted to be approx. 12/1- 5/1/2014 after receipt of the first certificate of occupancy to determine if the number of bike racks is adequate for the project. 16. The developer shall meet with SFCS and SAFE to explore TDM initiatives that could alleviate over capacity parking shortage demand at the shopping center. 17. Provide a traffic concurrency equivalency letter from project traffic engineer that demonstrates the mix of proposed uses falls within the approved 2/13/2013 Palm Beach County project number 1200911 Traffic Performance Standards Review Letter proposed uses and other allowed allocations. 18. The developer shall provide sound mitigation for the nearby rear neighbors by providing Sound Wall Absorption Material up to 14 feet high on the south wall elevation of building 500 -504 and the north wall elevation of building 506 -510 and on the east wall elevation of building 500 -504 as shown in detail within the Development Plans on architectural sheet A -10 building 500 -504 Elevation Plans prepared by Saltz Michelson Architects. . 19. The Linton Boulevard buildings 600 -900 adjacent to the south residential area are to have (a) an overall height of no more than 18' as measured from grade level of Delray Place, (b) air conditioning and other mechanical equipment placed on the roof no closer than 16ft to the rear of the buildings, (c) a parapet or screening wall installed no closer than 16' to the rear of the buildings and such parapet or screening wall shall have a height no lower than the height of the tallest element of mechanical equipment and shall run parallel to the east & west width of the buildings to screen said equipment visually and from noise from the residential community to the south thereof. 20. The exhaust fans integral to the loading bays shown on the site plan for the buildings parallel to Federal Highway and adjacent to Spanish Trail to the east thereof along the rear of buildings 500 -510 are to be located only on the roof. 21. The existing landscaping, including the root systems thereof, lying within City owned easements located along Spanish Trail and east of the Eve Street gate, will not be disturbed by any construction nor the operation of Delray Place. Should any of the SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 23 existing landscaping located along Spanish Trail and east of the Eve Street gate, die due to developer's disturbance, the developer will replace the dead plant material with that of like density and size based on the current availability of plant materials and code requirements. 22. The two large Banyan trees located proximate to the north corner intersection of Spanish Trail and McCleary Street which are partially located on Delray Place property and the adjacent neighbor's property, are not to be disturbed other than the right of the owner of the Delray Place property to care for and to trim and modify branches that overhang onto the Delray Place property. In the event the activities of the developer during constructing Delray Place injure either one or both of the two Banyan trees to an extent causing the death of either or both of the two Banyan trees, the developer will fully remove the dead tree(s), including the root systems thereof as reasonably possible and replace in the same general area either on the Delray Place property and /or the adjacent residential property with tree(s) based on current availability which can reasonable fit in the same general place and as are allowed by code. 23. The Developer shall incorporate mature Areca Palms that are approx. 14' in height based on reasonable availability into the landscape plans which are to be planted within the boundary of the Delray Place rear landscape buffers behind building 500 -504 & building 506 -510, on the south side of building 506 -510, and behind Linton Blvd. buildings 600 -900 and all the way to the east property line near and next to the Tropic Isle residential community as shown on the landscaping plans. 24. The existing wood fence running along the rear of the Delray Place property parallel to Spanish Trail and Eve Street, and just outside the City easement, is to be removed as shown on the plans. 25. There is to be no construction access for the construction of Delray Place from Eve Street east of the Eve Street gate, or from within any other portion of the Tropic Isle residential community. 26. All trash areas are to be air - conditioned and enclosed as shown on plans. 27. A southbound Federal Highway No U -turn sign shall be placed at the intersection of Federal Highway and Tropic Isle Boulevard, if approved by FDOT and other required approval parties. 28. There are to be no rear doors, except for emergency, fire access, and /or code required rear doors, for the Linton Boulevard buildings 600 -900 adjacent to the residential area. 29. All mops, grease carts, buckets, and like equipment are to be internally stored within the Linton Boulevard buildings 600 -900 adjacent to the residential area. Landscape Plan: Move approval of the landscape plan for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That all Landscape Plan Technical Items be addressed prior to certification of the site plan. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 24 Architectural Elevations: Move approval of the architectural elevations for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: • Appendix °A" • Appendix `B" • Appendix "C • Location Map • Aerial • Reduced Plans • Parking Study and Support Documents • Public Comments /Correspondence • SAD Rezoning Ordinance No. 41 -12 • Color Board SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 25 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B), 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. Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to a 12" water main located the east side of S. Federal Hwy., a 10" water main on Eve Street, and a 6" water main on the south side of Linton Boulevard. Fire protection is provided by two fire hydrants located on the south side of Linton Boulevard and one along the north side of Eve Street. Additional fire hydrants may be required and this was noted in the Fire Department's technical comments. Sewer service is available to the site via connection to an existing 8" sewer main which is located along on Eve Street. On site sewer main improvements will be considered as part of the site development approval process. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current Future Land Use Map. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic analysis report for the proposed development was prepared by TrafTech Engineering. The traffic report determined that the proposed redevelopment will generate a net increase of 4,817 Average Daily Trips (ADT), with a net reduction of 225 A.M. peak hour trips, and a net increase of 398 new P.M. peak hour trips. The report concluded that the adjacent street network has adequate available capacity to accommodate the project traffic associated with the Delray Place Project and that the project is not anticipated to negatively affect the roadway network located within the project study area. The applicant transmitted the traffic study to the Palm Beach County Traffic Division for review. Although a letter from Palm Beach County indicating that the project meets the Traffic Performance Standards of Palm Beach County has been provided, the mix and intensity of uses is not consistent with the current site plan. Since the intensities given in the letter exceed the current proposal, traffic concurrency can be met. Thus, a positive finding with respect to this level of service standard can be made. However, a revised letter will be required prior to certification of the site plan. Drainage: Engineering has requested that the applicant provide a signed and sealed drainage report indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3(D)(7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr. / 24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run -off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. The applicant has indicated that the drainage calculations will be provided at final engineering and show that the parking lot is designed to be protected from the 10 yr. / 24 hr. storm event while maintaining the existing discharge from the site. Thus, a positive finding with respect to this level of service standard can be made. Parks and Open Space: Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. The 25% minimum open space requirement for the project has been met. SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 26 Schools: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: As shown on the following table, the proposed redevelopment of the property will result in a net increase of 618.4 tons per year in solid waste generation. In its annual capacity letter, dated January 6, 2012, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2047. Thus, a positive finding with respect to this level of service standard can be made. Solid Waste Generation Delray Place Existing Development Proposed Development 56,515 SF General Office @ 5.4 Ibs /sf = 152.6 tons /year 80,101 SF Retail @10.2 Ibs /sf = 409.6 tons /year 29,366 SF Medical Office @ 4.6 Ibs /sf = 67.5 35,988 SF Potential Restaurants @ 24.9 Ibs /sf = tons /year 451.6 tons /year 4,459 SF Retail @ 10.2 Ibs /sf = 22.7 tons /year Total: 242.8 tons /year Total: 861.2 tons /year SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 27 APPENDIX "B" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 28 F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X- Subiect to conditions of Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X- Subject to conditions of approval. Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent SPRAB Staff Report: Meeting of June 12, 2013 Delray Place — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 29 APPENDIX "C" PRELIMINARY ENGINEERING TECHNICAL ITEMS 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. The Survey, Site, Landscaping and Civil Plans need to be at the same scale. All plans needs to be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" = 20' or 1" = 30' per LDR Section 2.4.3 (B) (1) and (D) (1). 3. Please coordinate location of all existing and proposed easements on Site, Civil, Landscape and Composite Utility Plans. Existing and proposed easement locations and labeling needs to be consistent on all plans. Site, Civil and Landscaping Plans need to include Drainage, Water and Sewer Easements. 4. It was not clear whether the off -site drainage connection on Linton Boulevard was still being used. If it is, clearly indicate location and permission from Palm Beach County is required. 5. Indicate location of required FPL easements on all plans, including Site, Civil and Landscaping Plans. 6. Indicate location for relocated pole at driveway on Eve Street on all plans. 7. Palm Beach County permit(s) or permit modification through the Traffic Division required for this project per LDR Section 2.4.2 (C) (2) (d). Provide documentation indicating applicant has met with Palm Beach County regarding proposed project. Actual copies of the drainage and utility permits must be submitted prior to any building permit issuance. 8. Provide Demolition Plans at the 1" = 30'. 9. On Demolition Plans, indicate existing easements to be abandoned. 10. Please revise drainage summary to include how the surface water management system is designed for a minimum of a 10 yr. /24 hr. storm event, as this is a requirement in accordance with LDR Section 6.1.9. 11. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 12. Submit revised plans and any required documentation for Preliminary Engineering review with next submittal. Please ensure a complete set is provided for the City of Delray Beach Engineering Division and indicate which documents are for the Engineering Division. 13. Additional comments may follow after review of revised plans. ¢ LEWIS COVE CENTRAL AVE. S.E. 12TH RD. P Q COLLINS AVENUE *BROOKS LN. 2 c� 2 WHITE DR. o` W 4 x O RHODES -VILLA AVE. BANYAN Q TREE LANE O' Of DEL -HAVEN D . LLJ C7' Q o J Q L I N T 0 N B O U L E V A R D Q o D z _� MC CLEARY ST. S �77A DEL HARBOUR DR. EVE STREET J � ¢ Q Q ~ H � TROPIC BOULEVARD J TT = Q Q Z O ¢ Ld va U LLJ Q W L, BOLENDER STREET �. ~ H � z BER UDA RDA ALLAMANDA DRIVE o ¢ m � BANYAN DRIVE AVE. C CYPRESS DRIVE x -- N SUBJECT PROPERTY D E L RAY PLACE PLANNING AND ZONING DEPARTMENT LOCATION MAP DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \Fil — Cab \Z —LM 1001 - 1500 \LM1310 Delray Place �� Jill' .01 op 46 . . . . . . . . .... 3;o EXTERIOR COLOR BOARD DELRAY PLACE SALTZ MICHELSON DERAY NAM FL A R C H I T E C T S 2012 -166 09 -M -11 OSHERWIN-WILLIAMS SW 6168 MODERN WHITE O SW 67011 MOIONRAKER O SW 61,78 CLARY SAGE O SW 61179 ARTICHOKE SW 7 O SHERWIN-WILLIAMS 501 THR SHOLD TAUPE © SW SHERWIN-WILLIAMS 8 ROBUS 6 ORANGE MS SW 529 SCANDA ® SW 041 VAN DYKE BROWN WHITE TRANSLUCENT LAMINATED GLASS STANDING SEAM ROOF SYSTEM: MILL FINISH: 'DREXLUME' W/ BRONZE COLORED MULLIONS BY'DREXEL METALS Inc.' 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LLd I I _ I I I - I I I I a I I I I I INML FlSINVdS I �I , I III', ■ is G w � o 7 0 m- ze �' ppp 3� N�k gz� x MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louis Chapman, Jr., City Manager DATE: July 26, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 ACCEPTANCE OF A WATER EASEMENT DEED /420 S CONGRESS AVE ITEM BEFORE COMMISSION Acceptance of a water easement deed for the installation of a new water and fire service line. BACKGROUND The subject property is located on the west side of S Congress Avenue at the intersection of Congress Ave and Commerce Drive. Refer to location map. The project was submitted for a building permit (13- 144576) for the demolition of an existing building in order to construct two (2) separate buildings. A new water service and fire line was required for the south building. Due to the location of the water meter and double detector check valve for the fire service line, a water easement is required so that City crews can access and perform maintenance operations associated with the existing City maintained water lines. RECOMMENDATION Staff recommends approval and acceptance of water easement deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorncy's Office 200 N.W. IstAvenue Delray Beach, Florida 33444 EASEMENT DEED ti THIS INDENTURE, made this i day of f 2003, by and between ..1,d ; with a mailing address of party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. Ist Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. 1 Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: d"I (naive printed or typed) WITNESS #2. 4 J (name printed or typed) STATE OF COUNTY OF PARTY OF THE FIRST PART _ fT e f 0egoing instrume a ack wled ed before me this day of g y _7. by= (name of officer or went), of E' ame of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ,� vt_ KAW1 (type of identification) as id ntification and did/did n jj..oatb " tN" ODALY ,, S ,•, BUENO MY COMMISSION # EE D88064 Signature No ar Public - 7 �d= EXPIRES: April is nder g Banded Thru Notary Pudic Undenvdters State of Y *some *IF (SEAL) 2 SKETCH & DESCRIPTION WATER EASEMENT PORTION OF TRACT C P.B. 71, PG. 190 -191, P.B.C.R. DELRAY BEACH LAND DESCRIPTION: ° ....................... Portion of Tract C, Replat of Congress Park South, according to the Plat thereof, as recorded in Plat Book 71, Pages 190 and 191 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the southeast corner of said Tract 'C'; thence N00'00'00 "E, along the east line of said Tract 'C', a distance of 71.39 feet; thence S90'W, 12.00 feet to the Point of Beginning; thence continue S90'W, 8.00 feet; thence NOTE, 21.00 feet; thence N90'E, 8.00 feet to the west line of an existing Water Easement, as recorded in Official Record Book 10060, Page 571 Palm Beach County Records; thence SOO'W, along the west line of said existing Water Easement, a distance of 21.00 feet to the Point of Beginning. Said land lying in the City of Delray Beach, Florida, containing 168 square feet, more or less. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not volid without the signature and the original raised . seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are based on the EAST LINE of said Tract C, having a bearing of NOO'00'00" E. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: L.B. = Licensed Business; P.B.C.R = Palm Beach County Records; P.Q. = Plat Book; PG. = Page; P.L.S. = Professional Land Surveyor; O.R.B = Official Record, Book; P.O.B. _ Point of Beginning; P.O.C. = Point of Commencement. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J- 17.050 through 5J- 17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: _ _ _— DOOG JOHN T. DOOCAiJ, P.L.S. NOT VALID WITHOUT Florida Registration No, 4409 SHEETS 1 AND 2 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC. o assoc� SURVEYING & MAPPING 50 SW 2nd A VENUE, SUITE 102 QM BOCA RATON, FLORIDA 33432 TEL. (561) 392 -2594, FAX (561) 394 -7125 www. AVI RO MSURVEY. Com �STR8LI514ED fig$' Q2a13 AVIROM &ASSOCIATES, INC. all dghts ieswed. This sketch fs the property cf AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without wdffen permission. JOB #: 9409 SCALE: DATE: 07/18/2013 BY: JTD CHECKED: WRE F.B. — PG. — $HEFT; '� Q F 2 SKETCH & DESCRIPTION rf r, � 144 -5 16 WATER EASEMENT PORTION OF PARCEL C P.B. 71, PC. 190 -191, P.B.C.R. DELRAY BEACH 1 ' 1 N90'E S00'W 8.00' --,\\ X21.00' z 21.00' .00 168 SQUARE FEET S90-W I 8.00' P.0 BB, TRAcr a BUILDING PB. 71, PG 190 -199 P. B. C. R. WEST LINE WATER EASEM TRACT C PB. 71, PG 190 -191 P. B. C. R. LLJ Q�� P.O.C. SOUTH LINE TRACT C Li . — — — — — CORNER ¢aa- TRACT C I P >B. 71, PG. 190 191, TRACT B �CD P.B.C.R. PB. 71, PG 190 -191 I P. B. C. R. GRAPHIC SCALE 30 0 15 30 NOT VALID WITHOUT ( IN FEET ) SHEETS 7 AND 2 1 inch = 30 ft. REVISIONS AVIROM & ASSOCIATES, INC. o s ASSO�I SURVEYING & MAPPING 50 S. W. 2nd AVENUE, SUITE 102 yBOCA RATON, FLCRIDA 33432 TEL. (561) 392 -2594, FAX (561) 394 -7125 www.AVIROMSURVEY.Com �sT'&!SHED ©2013 AVIROM & ASSOCIATES, INC. all fights reserved. This sketch is pd g 1 of AWROM and houid not bereproucedorcop ''ed�fivuttwrittenpermissica JOB #: 9409 SCALE: 1"= 30' DATE: 07/18/2013 BY: JTD CHECKED: WRE F.B. .—. M SHEET: 2 OF 2 �S�Congress A vy ie 7� o �a o; �a MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louis Chapman, Jr., City Manager DATE: July 16, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 HOLD HARMLESS AGREEMENT/ 425 N.E. 8TH AVE ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement with Susan & David Pesso (Owner) to install a fence and landscaping in City right -of -way at 425 N.E. 8th Ave. BACKGROUND The subject property is located on the east side of N.E. 8th Ave, south of N.E. 5th Street and west of Palm Trail. Refer to location Map for details. The owners of the subject property will be installing a fence and landscaping in an unimproved alley adjacent to their property. There is an active sanitary sewer line within this alley. Currently, there are no plans to abandon this alley. The owners agree to hold the City harmless for any damage which might occur as a result of maintenance of this line, and will remove fence and landscaping at City's request. RECOMMENDATION Staff recommends approval of Hold Harmless Agreement. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach., FL 33444 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this /9 day of r ,G� 20_8 by and between the CITE' OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and �� c�'�1/ _ -- (hereinafter referred to as "OWNER'). WITNESSETH: WHEREAS, OWNER owns property located at y25- 4- Delray Beach, Florida, and has requested CITY to allow for the installation of the public right -of -way; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the lly-GdrVSe4Pl� _ as a result of maintenance within the public right -of -way or any action brought against the CITY as a result of the &pd6gt in the public right -of -way. NOW, 'THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "N'. 3. That OWNER wishes to install a(n) At& t I-W 4% in the area, as shown on Exhibit "B ", in the public right -of -way pursuant to the City of Delray Beach. Code of Ordinances. No structure or any portion of such structure shall be within feet of the City's underground utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the /W," U/,VS-APF, and any improvements thereto, which OWNER places within the public right -of -way and that OWNER shall be responsible for the upkeep and maintenance of such AWe* f- Z44VS ;& and associated improvements in the public right-of- way in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the 1' and improvements in the public right-of-way- OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the t 40� and associated improvements OWNER places within the public right-of-way. It is understood that any cost for replacement or repair of the and associated improvements shall be the OWNER'S responsibility, and the CM will not be held liable for any damage to the G 4- U�,Dscdrr and associated improvements as a result of any maintenance or construction within the public right -of -way by the CITY. 6. The CITY may at any time and in its sole discretion request that OWNER remove the Avtf t G MAZed- from the public right -of -way and OWNER agrees to immediately remove the 4- from the public right -of -way. 2 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the parry at the following address: CITY: City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER:dYIQ� S. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. 3 ATTEST: CJTY OF DELRAY BEACH, FLORIDA By: By: City Clerk Mayor Approved as to Form: By: City Attorney SSES: OWNER: By: (Print or Type Name) (Print or Type Name) (Print or Type Name) (SEAL) STATE OF &-. A COUNTY OF Ph (o', - , w('L The foregoing instrument was acknowledged before me this 18 day of 2003 by t-c& 6k (LSSa t- j}au L-k (name of officer or agent), of (name of corporation), 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 and did /did not take an oath. av &-- Signature of Notary Public - State of oy00 - ' CATHLEEN G. LEEMAN Commission # EE 213836 •4s Expires July 16, 2016 ~ sera :dit�trtroyFan6�aazcabm- 3i57�ss 4 1150 E. ATLAN= BLVD, ACCURATE LAND SURVEYORS, INC. TEL. (954) 782 -1441 POMPANO BEACH FLORIDA 33080 . X35 w .. FAX. (954) 782 -1442 TYPE OF SURVEY; BOUNDARY JOB NUMBER. S =12 -3322 12 °2006ATOPO,13 -2006 LEGAL DESCRIPTION: THE NORTH 22 FEET OF LOT 15 A€ D ALL OF LOT 16 OF LAS PALMAS SUB - DIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT ROOK 10, PAGE 68OF THE PUBLIC RECORDS OF BALM BEACH COUNTY, FLORIDA. ADDRESS- 425 NE 8TH AVENUE D LRAY BEACH, FIL 331483 . m. S-:&Alffil 01iWizril �lZ_ . CE TTY TO- i. DAV; D PESSO 2. SUSAN PESSO 3. 4. 5. 6. NOTES: BASE FLOOD ELEVATION; NIA CONTROL PANEL NUMBER: 126102-W02-D EFFECTIVE: REVISED. y. . m. S-:&Alffil 01iWizril �lZ_ . CE TTY TO- i. DAV; D PESSO 2. SUSAN PESSO 3. 4. 5. 6. NOTES: 1. RS SURVEY CU4E951S OF A MAP AND A T REPORT. ONE 15 NDT VAI D VMDUT 11TE URZ% iEll A % � A ( , 2. OWNERSHIP OF FENCE AND WALLS IF ANY. NOT DEIMMINER NDT YAUD V41HOUT �l 31 'M SURVEY IS MADE FOR THE' EXCLUSIVE USE Or THE CERTIF7EO HERECH. TO BE VAUD ONE YEAR +! THE Sl6TL1TUAE AND FROM THE DA-TIE OF SURVEY AS SHOM HEREON. THE ORM& RAASED G}a �qDIy O A? 'IV1J OF ABBREVIATION SEAL 9F A FLO A I n • to 1WCet]iGAki FIT dDRDU Ad1D n, Ti� . LH}3!6"Fg SURVEYOQ ] N AND VOPM. ! R ANY • IIAG= 10 OR 4F• RKHTOFAVAY SO -TT. ELEVATON8 SAM GY NMM 1939 SOUN,'EFT� VAIW.. IAAWTEN.. QH. cLF = OEEO.®OOK CHAiNL1NKFTME'-- PC- • MWOFCAVATURE P,ZP. F ALAAffENT'GONAROL80AAT DO8 BROAURp LLYJI'AIT RELTRA4S HF 9ATOOfEACE P.T. MurOFTANOEHCY P-m . PAMBEFCHCOUNMRECORDG O:CR + DACE cam" RECORDS BLVD. + BOULEVARD WA • WATERNETER. P PLY.T PIL PNTEOOK.- AD • A55MU)DATUM ON = - ERH OVERHANG "t) PIA"am ORR OFFICNLA- coAdSBOOK I RONPR+c N • momp PAL PDXTOPTro3GAE3 iunT FF. PHSHMP.LOM m s MORROD S + BDLRAI P.04L a PCBROPSEMUNINO BNCH. v ENCROACH PAM = PERkANSYyTRBFBRETR:E RIDNDLMWi E + EiST to AATCOK CftER .Y— i —A —II— a CiAk LRKFENCE kGVR N4KLO ETMVERPCALDAUk W DAA VEBT FND- CMTT. O '_„Ies — Ya- -N —fl— s L)OO FFNCF i"_ UTRY81SEL9 FH + iIREN4DFAMAT FFl CNTAHDDi Y, FLONWAPOWER't LYiNT ° BETAZ FEN7 - D,e. = A.E. OFNNAOEF.AfiELY3Yr AMCNORMEM4T 91A cros"T ElA°K ESLq`ATioH — b" --n-" PVOFEKCE � e � SEC. _- SEGnm NH LNfBRYE '� °Il�ll�il�ti' --+-- v COtiCREIE'F.Fl6fi C& _ AEA T". Town" Em1 m EASELtENT acmcAsnvvNx m, = LIEASUMD RGE v RANGE ELEP- = aECTR,C _ i EFENCE LP JG PDE 1150 E. ATLAN11c BLVO., A ACCURATE LAND URVEYOR INC. TEL. (954) 762 --1441 POMPANO BEACH FLORIDA 33650 LB.3Fi35 -- , FAX. (954) 782 -1442 SN'i" 2 OF 2 } a w �w v aW • --` - -- - - -- FOUND 1/21 ..� - - - - FOUPID IRON PIPE -- FROM ROD y (NO ID) (ND ID) . — -- `-SE -r .vb. IRON ROD I 22 28' — QP SET 1/2" — l & GAP' Q3. I $g'`� IRON ROD ! LB 3635 9535 I 1 LB ! j I I I 1 I I I I I l l 1 I LOT 17 I LOT 15 j LOT 15 q VACANT SAND 0 i o r"i I I w �' 4 0 jREMPAND£R .la OF I N.. 22' OF LOT 15 LOT 15 I g a- � -(NOT WCLUDED) I I l$3 I 10061 I BLOCK CORNER 9/ I " IT I FOUND 1/2 72.00, FOUND 1/2" 1aD:a0' IRON PIPE IRON ROD (NO M) (NO ID) N RSITE . -. v:. ,.... .• .. - . 'SET NAZI_ - -� ' -c: Disc MAIL _ N.E48th AVGVUE '••:'�9- 20• AHAE.T,PAVEMEhiT, 1 - .- . <''�;�� 1. unless otherwise noted field measurements are in agreement with record measurement. 2. Bearings shown hereon ore based on an assumed bearing of V. 3: The lends shown hereon were not abstracted for ownership, rights of way; easements, or other matters of records by Accurate Land Surveyors; Inc. 4, Ownership of fences and waft, ii any. are not determined. 5. This survey is the property of Accurate Land Surveyors, Inc., and shall not be used or reproduced in whole or in part without written authorization. 5. This survey is made for the exclusive use of the certified hereon, to be valid one year from the date of survey as shown hereon. 7. This survey consists of a map and text report, one is not valid without the other. REM IONS DATE BY SURVEY SU -13 -2006 07 -01 -13 AL, Y DRAM BY 9P CHECKED Ely RLT Y FIELD CF.I3TIFICAl10id: This is to certify that I have recently surveyed the property described in the foregoing title caption and have set or found monuments es indicated on this sketch and that said above ground survey and stretch are accurate and correct tv the best of my knowledge and belief. I further certify that this survey meets Minimum Technical Standards under Rule 5d -17, adopted by the Florida Board of Land Surveyors. October 1st, .2049. ~EAR. r NOT VAM WWOUT THE SIGNATURE AND I i 1HE ORIGINAL RAISED SEAL OF A FI -DRIDA i s. LICENSED SURVEYOR J AND MAPPEP.. ROBERT L. TKOMPSON (PRESIDENT) PROFESSIONAL SURVEYOR AND RAPPER NaZS59 - STA1E or RORIDA SOLE 1."= 301 R 5U -12 --3322 N O m 0 m i� ur8 z gF o� �a E K�io.+U f x i I �11 rz hn m v �z J,VM-dC-iHWA. 0-•05 iN3W3AVd JlYHdSV "Z 3fINaAV HiH'JI3 3N PESSO RESIDENCE S I L B E R S T E I N ARCHITECTURE V N_E,'— HTH AVENUE DELI2AY BEACH, R 33483 �,L��� ���Il wftwsw si�xECS, s�w�9�c�N iiEC ��co M� d� E K�io.+U f x i I �11 rz hn m v �z J,VM-dC-iHWA. 0-•05 iN3W3AVd JlYHdSV "Z 3fINaAV HiH'JI3 3N PESSO RESIDENCE S I L B E R S T E I N ARCHITECTURE V N_E,'— HTH AVENUE DELI2AY BEACH, R 33483 �,L��� ���Il wftwsw si�xECS, s�w�9�c�N iiEC ��co M� CL O V O J r% %Rop MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louis Chapman, Jr., City Manager DATE: July 26, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 ACCEPTANCE OF A SIDEWALK DEFERRAL /961 JASMINE DRIVE ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 961 Jasmine Drive. BACKGROUND The subject property is located on the north side of Jasmine Drive, east of Spanish Trail; in the Tropic Isle subdivision. Refer to location map. The project is a previously demoed lot, in which the Owner will construct a single family residence. Currently, there are no plans to install a sidewalk along the north side of Jasmine Drive in the vicinity of the subject residence. The deferral request was approved by DSMG at the July 25, 2013 meeting. RECOMMENDATION Staff recommends approval of the sidewalk deferral. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N. W. 1 st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 20_, between the City viol e.®t,. -sl c� of Delray Beach (hereinafter the City) and (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along It I ;- 0,'Sm0Ac D °- until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3 (C) requires the installation of a sidewalk, within the right -of -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of,the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. S.IEngAdminlSidewalkDefe rralsWdewalkdefei-ralagmt.doc 1 WITNES SETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: i—OT 'HO ©� +�Ae- �I� j- e �-��� le�� 3rd Sic -¢d u V, Ti--D P, L 1. The Owner agrees to construct a sidewalk; at its sole cost and expense, along the T o'Sr") S right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20 —. ATTEST: City Clerk Approved as to forra and sufficiency: City Attorney S: Eng.Admin', Sidewalk Deferralsisidewalk deferral aamLdoe 2 CITY OF DELRAY BEACH, FLORIDA Mayor iLSSES: O -- ��� S® B (Please type or print name) (Please type or p[[[[[[rint name) c- STATE OF COUNTY OF BEFORE ME personally appeared : i E E ,' �7 C A EZ-\ Z who [is] [are] personally kno me or [has] [have] produced ft I; , [and , respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this day of`�M, 20 ;3 My commission expires: V��_° NOTARY PUBLIGSTATE OF FNotary Public -° Joanne Loveday ComMssioa # EE109111 '••.,.,..,.' EypireL; �U Y 09,201S BONDED TIM V ATLA�"�No M. IRC, agt / sidewalk deferral agreement S: 1EngAdmin Sidewalk Deferrals lsidewalkdeferralagmt .doc 3 3 Fi c .1 0 mj L t' ti r 1) r� , MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 30, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 SIDEWALK DEFERRAL AGREEMENT FOR 923 SEAGATE DRIVE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral along Seagate Drive for the Porpora Residence located at 923 Seagate Drive within the Seagate Beach Overlay District. BACKGROUND The subject property is 0.243 acres and contains an existing 2,359 sq. ft. one -story single family residence with a single garage. It lies within the Seagate Beach Overlay District and is zoned Single Family Residential (R- 1 -AA), with a LD (Low Density Residential) Future Land Use Map (FLUM) designation. The applicant proposes to demolish the existing structure and construct a new 3,444 sq. ft. two -story single family residence with a two -car garage. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right -of -way along Seagate Drive. No other sidewalks exist on either side of the road. At its meeting of May 30, 2013, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Seagate Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer the construction of a sidewalk along Seagate Drive for the Porpora Residence located at 923 Seagate Drive. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200, between the City of Delray Beach (hereinafter the City) and 3bla,P=A (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along �QlV& until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the ��, ` right -of -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. S: IEngAdminlSidewalk Deferrals Wdewalk deferral agmt.doc I WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: o �- R. ,mot • !- �► 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Q J�& %j :,- right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of 1200. . ATTEST: City Clerk Approved as to form and sufficiency: City Attorney S: IEngAdminlSidewalk Deferralslsidewalk deferral agmt.doc 2 CITY OF DELRAY BEACH, FLORIDA Mayor WITNESSES: (Please type or print name) (Please type or print name) STATE OF H ' G, COUNTY OF Lhm Azo,(& Cl O WNER: By: BEFORE ME personally appeared l4el i 1 v I t ,-, Pryor'V '5�' who [is] [are] personally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this day of �—� %D , 20—L3 My commission expires: si it, ei C �/ N tart' Public (Seal) El SUSAN A. SCHEMER otary Public - State of Florida Comm. Expires Apr 13, 2015 Commission # EE 50105 ded Through National Notary Assn. agt/sidewalk deferral agreement S.- EngAdminlSidewalk Deferralslsidewalk deferral agmt. doe 3 ,,,� j aw, Jr V) 04 C.) 0 10 Sk D LU LL] < (D < LU < LL] U ) ICY) CN CY) 10 Sk /7l;;I;r: \ 3 \ \} { �] je / \, §\ \ )) 0j S \ < _ . .Q mome,mw \! ƒ( \ . m=m� a'me,A +m _ma a \k0l±InaV vH04llocl /7l;;I;r: \ 3 \ \} { �] je / \, §\ \ )) 0j S \ < MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 30, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 REOUEST FOR SIDEWALK DEFERRAL /344 NORTH OCEAN BOULEVARD ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral along Seaspray Avenue for the Rabil Residence located at 344 North Ocean Boulevard within the North Beach Overlay District. BACKGROUND The development proposal consists of two (2) adjacent parcels totaling 0.645 acres. The westernmost property is currently vacant and fronts along Seaspray Avenue. The easternmost property fronts along State Route AlA (North Ocean Boulevard) and contains an existing single family residence. Both properties lie within the North Beach Overlay District and is zoned Single Family Residential (R -1- AAA), with a LD (Low Density Residential) Future Land Use Map (FLUM) designation. The applicant proposes to demolish the existing home and construct a new single family residence on two (2) lots. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right -of -way along Seaspray Avenue. No other sidewalks exist on either side of the road. At its meeting of June 20, 2013, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Seaspray Avenue at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer the construction of a sidewalk along Seaspray Avenue for the Rabil Residence located at 344 North Ocean Boulevard. Prepared 13y: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. t st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this 2nd day of August 20, between the City of Delray Beach (hereinafter the City) and Al Rabil (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk alongseaspray Ave (344 N. ocean)until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Seaspray Ave. right -of -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide confonnity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 344 N. Ocean along Seaspray Ave. III of lot 28 Seaspray Estates, Delray Beach FL 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Seaspray Ave. right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the partics that this Agreement shall run with the land. This Agreement: shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this 2nd day of August , 2013. ATTEST: City Clerk Approved as to form and sufficiency: City Attorney Page 2 of 3 CITY OF DELRAY BEACH, FLORIDA By: Mayor WITN -SSE�S: (� ? � (Please type or Rrint name) c , f .LJ i CLt� (Please type or print name) STATE OF N COUNTY OF W-i! - ✓ 1 EFORE ME perso nally appeared i - Ike, k ftah�t1i fil who [is] [are] ersona <nown t r [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that he [she] [they] executed said instrument for the purposes eh pressed therein. WITNESS my hand and official seal this Cf day of d 20LI. My commission expires: Q� Nota • Public (signature) agUsidewalk deferral agreement Page 3 of 3 (Seal) MEEGAN T. MOTISI Notary Public, State of New York No. 01 M06089261 Qualified in Westchester County Commission Expires March 24, 2015 — �• EpISO13 'ptog �SES[2( _ PJEA;)Inog IIEaaQ ipioN vvg' WO7&Ml*DNVWMi1tl SMOSCOS / % "{ L86E£ -1i uolE11 e�9 -8 allnS - MN'k+�Id PMTS -�1a9 00I9 10N:TQISHId II9V'd C'4'VA3 3 7r)OG NVgDo HI�pN .N . o -a o � 6 Di C'4'VA3 3 7r)OG NVgDo HI�pN .N o -a — ❑_ -- — o I _4 ° I I -\ -- i mud .0_9z A-Sl n 30IS �vlovd nave I I NOI1tlOd i -- I p.. NZ 60 , Vz i lV'NOIOOC( ON Z al 15 Odtl m, i A-g30LI 33 + '§ Oo 0O 84 I vei35 a V13015 ® n ❑ I I.o-.0 OO x v gas ia�o- I I I I 1 o � L 76 LED I II n= I n — ,J? o�� �1- s� r- 'i r t il Ir . o ' vw I u. N 344 NORTH OCEAN BLVD. V-t-mt, .,, PLANNING AND ZONING DEPARTMENT AERIAL MAP Ilk ► P 1 1 h V0 I - iI I JAI N 344 NORTH OCEAN BLVD. PLANNING AND ZONING DEPARTMENT AERIAL MAP DIGITAL SASE MAP SYSTEM -- U: \AutoCAD \Candi \344 N. Ocean Blvd — Aerial MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 30, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 SIDEWALK DEFERRAL AGREEMENT FOR 1110 BAUHINIA ROAD ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral along Bauhinia Road for the property located at 1110 Bauhinia Road within the Seagate Beach Overlay District. BACKGROUND The subject property is 0.34 acres and contains an existing single family residence. It lies within the Seagate Beach Overlay District and is zoned Single Family Residential (R -1 -AAA), with a LD (Low Density Residential) Future Land Use Map (FLUM) designation. The applicant proposes to demolish the existing home and construct a new single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right -of -way along Bauhinia Road. No other sidewalks exist on either side of the road. At its meeting of June 13, 2013, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Bauhinia Road at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer the construction of a sidewalk along Bauhinia Road. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this I q day of June 2013, between the City of Delray Beach (hereinafter the City) and 1110 Bauhinia, LLC (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 1110 Bauhinia Road, Delray Beach until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the 1110 Bauhinia Road, Delray Beach right -of -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH Page 1 of 3 NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1110 Bauhinia Road, Delray Beach 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the 1110 Bauhinia Road, Delray Beach right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of June, 2013. ATTEST: City Clerk Approved as to forin and sufficiency: City Attorney TNESS,,E11S: �l Page 2 of 3 CITY OF DELRAY BEACH, FLORIDA Mayor OWNER: By. st- 1110 Bauhinia, LLC ciat�atl w' l�-o�SFit� (Please type or print name) (Please type or print name) STATE OF Fl oI,-i d t- COUNTY OF 8 ccc BEFORE ME personally appeared TLtm-ncis Lcti,,c{cu -lt who [is] [are] pQrsonally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this 1 (f l My commission expires: 51 Z-1 1-1 agdsidewalk deferral agreement NICOLE MYERS MY COMMISSION #FF014149 o: ?eoFF�o?„ EXPIRES May 2, 2017 (407) 398 `.153 FloridallotaryService . com Page 3 of 3 day of --,20 Notary ublic (signature) (Seal) 3-ti tl r' cr"*a I"a yn k £8t££ VOINO'Ij H3V39 A,W'MG - = t0l# an N3AV Hit 9N S81 SN9011f19 9a1SV9S c 1 --- _ - 13'HJb'99 AVnA(l a�:: < _ QVON VINIH[1V90111 3JN3Q1S3N WO1Sl1J - 0 N h O h O C� jr 40 1 I R-9woMi. lk ok St- AIF k @ m A, M 0 � < n z re LU C) 0 z z 0 N z LLJ ,:2 < Of < 0- z LLI z _j CL 75 0 m C.) 0 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 30, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 REQUEST FOR SIDEWALK DEFERRALS /1101 SEASPRAY AVENUE ITEM BEFORE COMMISSION The item before the City Commission is the approval of two (2) sidewalk deferrals along Seaspray Avenue and Beach Drive for the Whyte Residence located at 1101 Seaspray Avenue within the North Beach Overlay District. BACKGROUND The subject property is 0.3214 acres and contains an existing single family residence. It lies within the North Beach Overlay District and is located on the north side of Seaspray Avenue, south of Beach Drive. The property is zoned Single Family Residential (R -1 -AAA), with a LD (Low Density Residential) Future Land Use Map (FLUM) designation. The applicant proposes to demolish the existing one -story single family residence and construct a new two -story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the rights -of -way along Seaspray Avenue and Beach Drive. No other sidewalks exist on either side of either road. At its meeting of June 13, 2013, the DSMG supported both of the sidewalk deferrals. Pursuant to the agreement, the owner will construct the sidewalks along Seaspray Avenue and Beach Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer the construction of sidewalks along Seaspray Avenue and Beach Drive for the Whyte Residence. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this L`_ day of June 2013, between the City of Delray Beach (hereinafter the City) and Patrick J. Whyte, Trustee (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 1101 Seaspray Ave. and Beach Drive, Delray Beach until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the 1101 Seaspray Ave. and Beach Drive, Delray Beach right -of -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1101 Seaspray Ave. and Beach Drive, Delray Beach 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the 1101 Seaspray Ave. and Beach Drive, Delray Beach right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of June, 2013. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney Page 2 of 3 SSES: 0 4 j CJ I?If-j4A-- (Please type or print name) (Please type or print name) STATE OF -r-1 or –i acL COUNTY OF BecL -c-L-) 1 OWNER: i By 171— Patrick J. Whyte, Trustee BEFORE ME personally appeared Lk` T, W LJL( �0— who [is] [are] personally knonto_me or [has] [have] produced [and , respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this I q My connnission expires: SI zI I agUsidewalk defen•al agreement ;2otiPP "pe`c. NICOLE MYERS `•' MY COMMISSION #FF014149 A •.�..,. -e`a EXPIRES May 2, 2017 ' E OF FL�.•` (407) 398.0153 FlcridallotaryService.com Page 3 of 3 day of J--t-' -,e- --,,-2 0 13 Notary Pu is (signature) (Seal) re S -a t-z <::> r= E t R 'M HDVag 2LVU19U aAV 2LVadSVFIS 10 11 �f!!| RDNacIlm RLAHIA �)� ��� \k /!■,2� Q «{ re 9 t R �f!!| �)� ��� \k /!■,2� Q «{ Y2 § 7 J $ $ / |((/ i 9 { t _e r + � I r I a a a � I IL i i I f r •r � f • j N PLANNING DEPARTMENT ZONING 1101 S EAS P RAY AV E N U E AERIAL MAP -- DIGITAL BASE MAP SY57EM -- U: \AutoCAD \Candl \1101 Seaepray Avenue — Aerial MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Edward DeMicco, Risk Manager Shirley McKennon, Interim Human Resources Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 30, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF AUGUST 6, 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 seven (7) 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 insurance 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 � a � � m � d � k 0. � 2 � §§ e t » m k.0 m o /m m o 00 o m 0 \ � � � � � � § k 2 m m o m o m o > e o m o o t t m e t m m e 2 \ in o 0 0 0 o m m aj o m o m m m m 2 m m m m m i / / \ i $ $ 2 m t m m a J ƒ u 2 u ) \ < Ln u / _ _ E E k \ \ _ _ » / \ u " > / \ u § t _ 2 E $ § 2 E _ R — s 0 - = on z e 2 0 2- o / \ \ / / % 2 U- § / _ t 3 f e U R 2 —$ Q / $ / s k k m 4 Arthur J. Gallagher Risk Management Services, Inc. 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 K:TUBLPROP1Delray Beach12 MDelray Beach RFQ WIP 6- 20.docx 8. COST PROPOSAL -- COMPENSATION (Continued) Ultimately, the insurance broker /risk management partner that can BEST assist the City in minimizing its losses and premiums will have the largest impact on reducing your Total Cost of Risk. Because of our depth of knowledge, experience, and resources, as discussed throughout this RFP response, Arthur J. Gallagher Risk Management Services, Inc. is clearly the best equipped broker to represent the City. We have been successful in using a wide variety of compensation structures that have proven to be beneficial to our public sector client base. Those arrangements include: Fee Based Compensation and Capped Commission Compensation. Included within those arrangements we have structured "performance based" or "fee at risk" arrangements. We would be willing to discuss these innovative compensation structures with the City of Delray Beach. $90,000 Annual Fee (not including NFIP Flood -- see below) Before we engage the services of any Intermediaries and 1 or wholesalers, we will advise the City's risk management team of our desire to do so, indicating what advantages we believe we can obtain in the negotiations of your program, by using particular partners, and what commission levels they are agreeable to accepting. We will not engage any wholesalers and / or intermediaries without the express approval from City Risk management Staff and any and all compensation they will receive shall be fully disclosed in our proposal. NFIP Flood The above fee is for all services and all lines of coverage outlined in your RFP. Please note that with respect to flood policies placed through NFIP, AJGRMS, Inc. would receive commissions. It is important to note that NFIP Flood policies are standard and the rates are prescribed by FEMA. They are subject to a system of uniform national pricing (the coverage and cost of these policies are the same, regardless of the insurance company or broker from whom they are purchased). Therefore, our compensation for the placement of any policies in the National Flood Insurance Program will be derived from the insurer in the form of a commission. We are happy to discuss this further with you. Finally, please note that Gallagher has a policy of complete disclosure. Our proposals will continue to provide full disclosure of any and all compensation received by AJGRMS, Inc. as well as any wholesalers (owned or not owned by AJG) in the placement of insurance coverages for the City. Most brokers do not provide these disclosures. These disclosures serve to ensure that the City's interests are mutually aligned with our own and that there are no questions regarding undisclosed commissions. Our proposed annual flat fee is net of any premium, excluding commissions for all contract years, except as disclosed above for NFIP Flood. STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 201h-day of June, 2013, by David L. Marcus (name of officer or agent, title of officer or a ent), of Florida (state or place of incorporation) corporation, on behalf of the corporation. He /She is erso*Ln—o } (or has produced identification) and has used his /her (twe of`ideWyeation) as identification. AMPY JIMENE =': •": MY COMMISSION # EE220497 EXPIRES July 30.2016 aF ,� (10T}3D80lS3 FiwKtalloierySarvlw.can of Person Taking Acknowledgment Name of AckhowledgW Typed, Printed or Stamped K:IPUBLPROADelray Beach120131Delray Beach RFQ WIP 6- 20.docx Ascension /Employers Mutual, Inc. 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. /A ASCENSION i mc-fils soiliflolls Brown & Brown /Public Risk Insurance Agency 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. Cecil W. Powell & Company 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. Gehring Group 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 GL;HRING ..-AGROUP! Plastridge Insurance Agency, Inc. 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. Wells Fargo Insurance Services USA, Inc. 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. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: July 24, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 RESOLUTION NO. 16 -13 ITEM BEFORE COMMISSION The attached Resolution No. 16 -13 eliminating the Financial Review Board is before the Commission for consideration. BACKGROUND The City Commission appreciates the service of all of the members of the Financial Review Board, but pursuant to staff's recommendations, the City Commission stated a desire to eliminate the Financial Review Board (among others) at their July 16, Special Workshop meeting in order to reduce staff time and resources. This is one of the few Boards that is not required by state law or City Charter and it was discussed that the City Commission can create a project- specific task force to review items as necessary in the future. RECOMMENDATION The City Attorney's office recommends City Commission approval. RESOLUTION NO. 16 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 05 -11, 55 -09, 58-09,23-08, AND 63 -07, WHICH ESTABLISHED AND CLARIFIED THE RESPONSIBILITIES OF THE FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS, IN ORDER TO DISSOLVE THE BOARD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend Resolutions 05 -11, 55 -09, 58 -09, 23 -08, and 63 -07 in order to dissolve the Financial Review Board at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Financial Review Board, as set forth in Resolutions 05 -11, 55 -09, 58 -09, 23 -08, and 63 -07 shall be dissolved. PASSED AND ADOPTED in regular session on the day of August, 2013. ATTEST: City Clerk MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: July 31, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 SPECIAL EVENT REQUEST /TWILIGHT BICYCLE RACE AND FESTIVAL ITEM BEFORE COMMISSION Commission is requested to approve a Special Event Permit request for the Delray Beach Twilight Bicycle Race proposed to be held on Saturday, March 22, 2014 from 8:00 a.m. — 10:00 p.m., produced by RAC Event Productions, LLC. Commission is also requested to grant a temporary use permit per LDR Section 2.4.6(F) for the use and closure of the bike race route per the attached site map from 4:00 p.m. to 10:00 p.m. on Saturday, March 22, 2014 and the use of Worthing Park. The event producer is also requesting staff assistance for traffic control and security, EMS assistance, and event signage for the bike races. Fire inspection services will be needed as well. BACKGROUND Attached are a special event permit, site plans, budget, economic prosperity calculator, proposed event schedules and additional information received from Chelsea Midlarsky for the event. This year the downtown portion of the event includes the men's and women's professional races with VIP areas. The race route is per the attached site map and is the same as last year. VIP Areas are proposed at various locations along the race route and will be manned by various Downtown restaurants. The event producer will be responsible for overall event management, as well as barricading streets for the races with City staff assistance. Estimated City costs for this event are as follows: $14,465 for overtime, $250 for event signage, a 5% administrative fee of $725, trash boxes $35 for a total of $15,475. Per Event Policies and Procedures, the event producer is responsible for payment of 100% of all of these costs. Ms. Midlarsky will be present to answer any questions you may have. RECOMMENDATION Staff recommends approval of the special event permit, temporary use permit and City staff assistance including signage as requested with the following conditions: 1. Receipt of a non - refundable deposit in the amount of $2,000 by February 15, 2014. 2. Receipt of a Certificate of Event Liability and Alcohol Liability Insurance by March 1, 2014. 3. Receipt of a signed and notarized Hold Harmless Agreement by March 1, 2014. 4. Copy of Temporary Liquor License by March 11, 2014. Event Name/Title: Event Date(s): �, RECEIVED DELRAYBEACH City of Delray Beach Special Event Permit JUN 0 4 2013 bftd Application ADMINISTRATIVE SERVICEI REVISED 11.2.11 PLEASE TYPE OR PRINT 1993 2001 1 i 1I' Requesting street closure: . ye no (If yes, teed tinge /date for closure and reopening) - Atlonlir_ Ame &Q01 Sriji nl-on Ave- to 16-'1 WE 15' Shrett- C-ynm khiIt?oad !2d +r, St.&sinMri AyY,. -rt ntL a Ly,bOFM - IU:C - 5w1At0 n Ave frorA NE !St Shra -ra At•ianHL Arvv . I Event Sponsor/Producer: 2AL tr►r -eM' Pkod u c i-i 6 n Li-C. Event Contact /Coordinator: l .he1sea Mi dia(sw Name: C— he]Sca ail dlarSkU Address: Su' I +2q}nn Telephone Number: .4501-- - 41110 Cel fill ai Number: 5(o! - 2459 9052 E -mail Address: ! a each Brief History of Event Planned Activities (Outline of activities /number of activities, i.e, entertainment, children's rides, games, other programs): t2m -rani • Fun C�an'm n/C4401 attt C Of kOl eend &Nlej Page r of s plbj�ssi&)CLI 46*- Yajea CL(j ree+ F4-1 33'fe ? 4S Page 2 of 5 Number of Individuals Served Previous Year (if applicable): • 10;000 — daky ' . Z, OW t Cy l sJT . Describe the targeted population and expected attendance: Describe how the program or project addresses community needs: �iPtcn I`s Onsgcre- also ally A bye/- 11U 4u oil d • F r ' Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, Sponsor Category (please check) City u Non-Profit/Charitable ❑ Private Co-Sponsor—Non-Profit/Private d (If Non-profit attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): :Me. ryi0ehlinQ MW ±tom p tin 1-. on �a h�rr�c .af- _470 S JC0nQM5S Ad,. in Del,r[cra Apaan . 71 � 1 Site plait attached: yes V/ no (Site plait required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes_ V/ no (If yes, attach proof of approval) Rental of Old School Square Park: yes no \/ (If yes, attach proof of rental agreement with Parks & Recreation) ►mod Shu11 Private Prope;ily Use: yes _ 110 (If yes, attach letter giving authorization from property owner) L- C(C1r C of po f� Event budget Revenue & Expenses attached: yes no (Requh -ed for rill events) U:lNti7rdata�5pecia1 Event Requestl.Speeial Event Pemitt App Iication REViSEDFFNAI, FYI R -I t(A) doe o#tu'(!A) Page 3 of 5 Previous year Revenue/Expense summary attached: yes no (Required for all events) Arts and Economic Impact Calculator attached: yes V/ no Obtained on line at wNvw.AmericansForTlleArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes V no (Indicated on budget) Do you have inkind sponsors for the event: yes no (Indicated on budget) Serving or selling alcoholic beverages: yes_.__�� no If yes, what entity is obtaining the Alcohol License permit? Gjead t C& dell a" BP CI+% (Ifyes, cope of license and alcohol liahilily insurance regitired tivo (2) iveelrs prior to TW*j l9ht' event) h �� Event certificate of insurance attached: yes V/ no (Required two (2) rveelcs prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Ff'aiper required) yes _�� no Will there be entertainment: yes_ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be f *y oriented and contain no obscenities: yes no Requesting Police assistance: yes no (traffic control /security) Will supplement with private security: yes�� no (If Jres, need plan affacherl) Requesting Emergency Medical assistance: ye no Requesting barricade assistance: yes no \Z {If no, how are you 1andling ? }'pe-rSar'14t pjA(rQad Q- Om p" Requesting trash removal /clean up assistance: yeses= no (If no, how are you handling ?) A 1 0 w� a Requesting trash boxes /containers and liners: yes no Requesting stage use: yes no (If }yes, check (tpe) Lai-go stage (14' x 36') ❑ Small stage (16' x 21') n Half small stage (8' x 21') o UANv%ydata\Special Evcnt Rcquc0Specia! Event Pennit Application REVISED FINAL FYI 0- 11(3).doc Page '4 of Requesting signage: yes no Ogoc SiiAj Type: 4'x4'Lvent sign Parking Signs sk& Banner Ranging Indicate dates required t A(ArCh I Om – Mcn(Gh z i F, a IS (Maiver required if more than two (2) weekprior to event) Requesting City Portable Generator: yes no__V/ (If yes, size & power) / Food and beverage vendors: yes 110 V If yes, approximate number (Health Department approval required) yes 110 Other vendors: yes �� no (Indicate type) e!tyaQ*G _ Tents: yes uo If yes, How many – 10 Wit at size or size required 10 X 1 b (If yes, teat perndit andfire inspections may he needed) / Will the event include amusement rides: yes no V (1f yes, tape and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Shory on-site reap) yes no_ V_ Wilt there be a charge for the event: yes 110 x (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes no_� (If yes, contact Fire Marshal to obtain (titd complete permit application) Will there be cooking with compressed gas: yes no ^_ (If yes, contact Tire Marshal for inspections) Wilt you be providing port -a -lets for the event: yes no— k /__. (If yes, locate on -site wrap. If no, indicate horn you luill andle restroom ueetls) Is reserved parking requested: yes no (If yes, indicate locations «nd purpose for use) 2.5 spans -6-r Eyc rt sue', vawnke(S, and UAw %Y&OSpecial Event Requesl\Speciat Event Pcnnit Application REVISED FINAL FYI 0-1 1(3).doc some vent: ys Page 5 of 5 Event Permit Attac cents: Rcvcnuc/Expcnse Budget Revenue/Expense Recap Last Years Event Site Plan Ails and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non -Profit Status General Liability Insurance Ceilificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Ha►inless Agreement, notarized, Submittal Date Regniremeids: • Minor Event 45 clays prior to event Intermediate Event 90 days prior to event 120 days prior to event Neighborhood Block Party 30 days prior to event -74� (,p / or 2a 3 Even Contractor oordinator Date Please print: Chdl te4. lit[ o��Gt(SjCt/ Please enclose the appropriate non - refund! able application fee payable to the City of Delray Beach, 100 N.W. 15t Avenue, Delray Beach, Florida 33444. Required with permit application. I%or. Staff Use Oil IV46— Date Received Application fec received $ d� UMvwdatalSpeci;d Event Rcqucst\Spcdal Event Permit Application REVIS1rb FINAL FYI 0- 11(3).doe r � f Y �+ �r 1 mr LU n dmAvl a eel, to qw gmd rN, w yw f Z� a M � h n t IM4 w E-3 tea �CD yT yy7' 1'� Nxx} S of w C X y9+ m C �+ %" cc mm Om Cm Lco Coo 0- 0- 6. IA M C X' N L C L ca L L cl J (A J J o o V o i u, �Ll H — — x m � _ J to mn to N N o CL Z �. o Co O L- o = a� CO �, m C 'n C Y. O Z i _ — d c" M c L c m L. Q ti m_ t�o CL o� H N c o co p L 0 Q y L� �m H o Lm t= c CL L U °� �¢ o a� 3 �'� _� Ca y Lz r — L Gi �+ oo • ►J i� V' Z �c� �— �cq CID �40 4 w 3 L� di dm d v, rn m Z V a o. E m JA i E Xi C: o 1. 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N CD C Z k J 2 j p \ � � k\{\ \ro \ CLcz, \/\ \A)§ \�\ >\ «� "oeRCo6 = •iLon o° ���®v�L .�� ±ƒ %t) ®)m§ ®12100 ={\ 2 §>�&\ "o0 -CL m+2R @uo ®2 I « ° 2 / \ \ 6 ®* ~ 6 ^ § / \§ \ k / / % 2 4 \ \ 4. /} \ \ / \ } / ±E} \\ 03\� \7%\ to 15 if R R 888888 tc, 6-, (t PRY aCi E 0. LO 10 al si CN 00 Oq go= O Coo 0 o CD C7 C7 Ql O C'Z 1,11 Y d O R 'D > > > ? IR CR <q q N a o o c c 0 "1 0' C. co cn 17 to q q - R R 6o'6 �- 6 C O to 15 if R R 888888 tc, 6-, (t PRY aCi E 0. LO 10 al si CN 8 00 Oq go= 18� CD C7 C7 Ql O C'Z 1,11 Y d O R 'D > > > 8 8 o. N a " q to q q - R R 6o'6 �- 6 C O 2'Lz��i 0 0 cd Ey 0 SESESSESS Lo 0 0 1 1-1 goo lun"i -A C: C� C:j "M LO r�i CD LO -:69 <AV (a (f> Q>'. W us to ta to A Lm us is w of 8 S, 8 00,110 10 1� 71. "=:IT 0 126 Cu'�3 rLc� ,�; L� .1i Ili L06 Lod L6 67 fi 0 CS 181 M= �P4-1 c� c� CD 0 can 0. 8 CD . 0 1 '1 'C' 0 q cz cz c! !I c! u! cc� vbq C b>"> to t—/> 6-9 -L0 vo, ta v ,X"fl 8 00 Oq go= 18� CD C7 C7 Ql O C'Z 1,11 Y d O R 'D > > > 8 8 o. N a " q to q q - R R 6o'6 �- 6 C O 2'Lz��i 0 0 cd Ey 0 SESESSESS Lo 0 0 1 1-1 goo lun"i -A C: C� C:j "M LO r�i CD LO -:69 <AV (a (f> Q>'. W us to ta to A Lm us is w of 8 S, 8 00,110 10 1� Oe "=:IT 0 126 Cu'�3 rLc� ,�; L� .1i Ili L06 Lod L6 67 fi Ell L 1059 LL] J IN L! n. Oq 18� CD C7 C7 Ql O C'Z 1,11 Y d O R 'D > > > N a 11-sm R R R R R R R �- R Ef Ed Ey , SESESSESS > co a -A 41 is 8 of 8 S, 8 00,110 10 1� Oe "=:IT 0 126 Cu'�3 rLc� ,�; L� .1i Ili L06 Lod L6 67 fi Ell L 1059 LL] J IN L! n. CD C7 C7 Ql O C'Z 1,11 Y d O R 'D > > > N a • o0 CL, -7 0- 20 , > co a -A 41 .............. Ell L 1059 LL] J IN L! n. CD C7 C7 Ql O C'Z 1,11 Y d O R 'D > > > N a 0 CL, -7 0- 20 , > co a -A 41 .............. Ell L 1059 LL] J IN L! n. Delray Beach Fees $17,500.W Delray Beach Parks Fee LOW School Square Grounds Tata1. ' ' '521,015.20' €Officials Insurance/ Fees, NCC Calender ,Race Numbers Tote[ S6,20112 tr?",�,� -_�� to '' ;'5132,Ot30a6' Jumbo Tron Cornputrainem ':.Lighting Announcsr S3.511.00 ^ 1. �rt'.Gti Labor/Staff/Trash Pick up Hay-Bells :AMATEUR RACES a.. VlP tAURCH _,... Fun Parties S i ^ry r� 7 . r� ,aSI I-Di $3.750.fxJ :Total $22,784.a4 tr?",�,� -_�� to '' ;'5132,Ot30a6' M„ 1-3 in Off-e XQ7'c�offce2N7.ocrn 0 RAG _ r ` sznom, M„ 1-3 in Off-e XQ7'c�offce2N7.ocrn . }A A /K \ , \\ 2 y � » :RR S » ?� \ g�«a«© l� # R . }A Mo /,d o cp CD cc co ZY 1% O to ti o o C:) o b CD Cr CD CD 0 C;:) C;l CD ,= CC� a a 0 0 0 Ci q CL Cz I:z q �,b,) 4s ci Lo CD c to o 0 Lr; N Cat M j . ... ... ... . o cp CD cc co ZY 1% O to ti o o 8 C : 9 § § dd C c c 0 0 E a) 0 C-I 0- FLO CL 0 co 8 �d (Y) IL CL CL CL cli co zi TJ n7 I ......................... C� C; 09 C11 04 O Lo zl ......... ............................... o b CD Cr CD CD 0 C;:) C;l CD ,= CC� a a 0 0 0 Ci q CL Cz I:z q �,b,) 4s ci Lo CD c to o 0 Lr; N Cat M j 8 C : 9 § § dd C c c 0 0 E a) 0 C-I 0- FLO CL 0 co 8 �d (Y) IL CL CL CL cli co zi TJ n7 I ......................... C� C; 09 C11 04 O Lo zl ......... ............................... 24 ME- IUelray Beach Pees $20,000.001 Oelray Beach Parks $1,000.04 O School Square Concession $5x0.00 ;Total `.i$21,500.00j $2,400,001 250.00 Amateur Races Timing/ Scoring equipment 1000 00 $10,03O .M. - $0.00 D0. ¢ tr_s _ wn_ Stage $1,000.00 l Event Supervisor 81.50o.Gol Jumbo Tron Lighting Announcer Sound System Barricades 18000 sgff)_ $10 per,day. 1 000.00 Finish Line Overhead Truss 2D0.001 Labor /StafflTrash Pick u T I - % uiT ment Su ervisar 500.04 Hay_ELeILS Otelp._� S1.500.001 [Unrrversat Fun Parties. --._ _.._..,._.__.T Trove. l -equip S1.000.001 Portalets 53,000.00 USA C_rits Participation Fee - - - - - -- NCC Permit Fee $3,150.00 $PAM M1ieutral Support Total $22,8W.00 ' $0.00 $117,581.00f $0.00 13,504 Otficia!s Fees Insurance Race Numbers S1.000,001 1 380.00 $2,400,001 250.00 Amateur Races - _ TotaE $10,03O .M. - $0.00 ¢ tr_s _ wn_ Total Media Budget Banners S1.500.001 .Gal R000elWebsite 000 0 i Photgcr a Total 511,750 0DE :: $O.D4� _ : Jumbo Tron Lighting Announcer 0 $3,000,001 $1,400.00 Labor /StafflTrash Pick u T I $4, 000.00 Hay_ELeILS 250 00 [Unrrversat Fun Parties. --._ _.._..,._.__.T A 000.00 Portalets si o0i BMX Show $2,500.13W $PAM M1ieutral Support Total $20,400.001 $0.00 prize Monev .__ -� S23.500.001 �Securitv RAC documents $451.001 Bartenders_ BAR _ 500.041 TraJnim Rides 2 000.04' Total: $117,581.00f $0.00 13,504 Marketing E•sumr,Ied A A.,,c,,Pl %Iada in 1- EF.c. 2',07 ?cr cifx:2007.corn `...gocaon _ : Saq,aua4u Marketing E•sumr,Ied A A.,,c,,Pl %Iada in 1- EF.c. 2',07 ?cr cifx:2007.corn Q a= $} .' d Q CL G n; c c'` d 0 0 �r v Lu ,. 000ao' 4a4,a:V, ri o o`d ao00 Q a= $} .' d Q c c 5128/13 Arts & Economic Prosperity IV: Calculator POPULATION of your community: Your Organization's TOTAL EXPENSES (please do not use commas): TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): Nonprofit Arts and Cullure Organizations: Nonprofit Arts and Culture Audiences: Total Industry Impact: (The Sum of Organizations and Audfences) CALCULATE Reset Total IFTE Jobs Household Expenditures Income 50,000 to 99,999 150000 120000 Local ternmenl evenue 5150,000 5.6 5126,198 $5,234 $406,200 F 11.3 $245,2271 F $21,2891 S556,200� 16.8 $371,425 $ 6,523, Print Your Results Please see the fine print below. State Government. Revenue $6,1641 $23,060 $29,224 Total The total dollars spent by your nonprofit arts and culture organization and its audiences; Expenditures: event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by 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. aniericansforthearts. org/information _services/research/ services / economic _impact /iv/caIculator.htmi 112 WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities and their dedication to the Muscular Dystrophy Association the firefighters of City of Delray Beach Fire Rescue contribute greatly to the well-being of all citizens; and WHEREAS, for the past 59 years, Fire Fighters throughout Florida and across the nation have been a partner with the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, Fire Fighters statewide collected more than $1,032,525 in 2012 to support MDA's lifesaving research, again making them MDA's largest source of funding; and WHEREAS, in 2012, City of Delray Beach Fire Rescue helped to raise $60,000 with their "Fill the Boot" drive for MDA; and WHEREAS, the funds collected by the City of Delray Beach Fire Rescue assist the Muscular Dystrophy Association in providing medical services at local clinics, summer camp, research grants, support groups and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Delray Beach Fire Rescue, the Muscular Dystrophy Association is sponsoring Fire Fighter Appreciation Month. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of August, 2013 as: FIRE FIGHTER APPRECIATION MONTH in Delray Beach, Florida and commend the City of Delray Beach Fire Rescue Firefighters for their efforts on behalf of the Muscular Dystrophy Association. All citizens and employees are encouraged to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of August, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, the Florida Water & Pollution Control Operators Association is a statewide organization composed of water industry professionals who dedicate themselves to the production and distribution of safe drinking water, as well as the proper collection, treatment, reuse, and disposal of wastewater and stormwater; and WHEREAS, this organization is committed to protecting the health of Florida's citizens and our state's natural resources, and supports the training, certification, and licensing of water industry personnel as a means to achieve these goals; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environment Protection and industry personnel; and WHEREAS, each year the Florida Water & Pollution Control Operators Association recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater, and stormwater systems in Florida by celebrating Florida Water Professionals Week, which applauds their constant efforts to protect our health and environment. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of August 12 -16, 2013 as: FLORIDA WATER PROFESSIONALS WEEK and call upon each citizen and business of Delray Beach, Florida to honor our Florida Water Professionals and extend greetings and best wishes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of August, 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, LEED(GA), Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: July 31, 2013 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF AUGUST 6, 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 22, 2013 through August 2, 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 Site Plan Review and Appearance Board Meeting of f July 24, 2013 A. Approved with conditions (7 to 0), a request for a color change for The Churchill Condominiums, located on the north side of SE 7th Street, east of SE 6th Avenue (611 SE 7th Street). B. Approved (6 to 1, Alice Finst dissenting), a Class I site plan modification associated with the installation of an entrance awning for Gulfstream Bank, located at the southeast corner of SE 5th Avenue and SE 9th Street (909 SE 5th Avenue). C. Approved with conditions (7 to 0), a Class I site plan modification associated with the replacement of overhead bay doors for Delray Firestone, located at the southwest corner of West Atlantic Avenue and Military Trail (5190 West Atlantic Avenue). D. Postponed (7 to 0), a Class I site plan modification associated with the replacement of the existing mansard roof and signage, with a parapet roof structure for Delray Hyundai, located at the NE 6th Avenue and SE 6th Street (541 NE 6th Avenue). E. Approved with conditions (7 to 0), a Class III site plan modification and architectural elevation plan associated with the installation of two 1,440 sq. ft. modular classroom buildings, south of the existing two -story school building for St. Vincent Ferrer School, located at the southeast corner of George Bush Boulevard and NE 8th Avenue (840 George Bush Boulevard). F. Approved with conditions (6 to 0, Mark Gregory stepped down), a Class III site plan modification, landscape plan and architectural elevation plan associated with interior and exterior modifications for restaurant Bay #11 and #15, installation of a landscape planter on the north side of the property adjacent to the alley, and construction of a walk -in cooler for storage in the rear of the property for El Camino Restaurant, located on the east side of of Pineapple Grove Way (NE 2nd Avenue), north of East Atlantic Avenue (15 NE 2nd Avenue). Concurrently, the Board recommended that the City Commission approves a waiver to LDR Section 4.4.13 (F)(1)(a) to allow a minimum 23' building instead of the requirement 25' minimum height. G. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of an existing single family residence and construction of an urgent care medical facility with associated on -site parking for MD Now, located on the north side of Linton Boulevard, east of Fire Station #3 (601 Linton Boulevard). H. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural plan associated with the construction of a 3,550 sq. ft. bank for Chase Bank, located within the Harbor Plaza at the northeast corner of Linton Boulevard and South Federal Highway (1755 South Federal Highway). Concurrently, the Board recommended that the City Commission approves a waiver to LDR Section 4.4.12(F)(2), which requires a minimum floor area of 6,000 square feet (3,550 square feet proposed) for any free standing structure. 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 AUGUST 6, 2013 SPRAB: A. THE CHURCHILL CONDOMINIUMS B. GULFSTREAM BANK C. DELRAY FIRESTONE D. DELRAY HYUNDAI E. ST. VINCENT FERRER SCHOOL F. EL CAMINO RESTAURANT G. MD NOW H. CHASE BANK AT HARBOR PLAZA -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \8 -6 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr. City Manager DATE: July 31, 2013 SUBJECT: AGENDA ITEM 8.0.1 - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 BID AWARD/ ECO ENGINEERING SERVICE, LLC. ITEM BEFORE COMMISSION Commission is requested to approve a bid award to ECO Engineering Service, LLC in the amount of $110,660 to install Flex -Pave tree grate material in 182 tree bases on Atlantic Avenue from A -1 -A to NW /SW 12th Avenue and on Pineapple Grove. The product and installer are sole source and funding is being provided by the CRA. BACKGROUND Over the last couple of years, staff has tested a couple of different products to be used to replace tree grates and the rock bases along Atlantic Avenue. The Flex -Pave material is being recommended because: It is ECO friendly It is porous pavement, allowing water and fertilizer to pass through the product to tree roots It is strong enough to drive a truck over it and will not puncture with high heels It is resistant to various chemicals It did not crack after one (1) year of testing like other products did Our City staff will be removing existing tree grate material to the required installation depth, will root prune where appropriate and will make any electrical or irrigation adjustments as needed. The project will be phased starting in the area from Swinton to NE /SE 5th Avenue, NE /SE 5th Avenue to A -1 -A, Swinton to NW /SW 12th Avenue, and last Pineapple Grove. Our goal is to at least finish the first two (2) to three (3) phases by season. Both the product and the installers are sole source per the attached letters. FUNDING SOURCE Funding is being provided by the CRA and is available in account # 334 - 3162 -541- 46.17. RECOMMENDATION Staff recommends approval of the bid award to ECO Engineering Services, LLC in the amount of $110,660 to install the Flex Pave product to the 182 tree bases as listed contingent on receipt of proof of insurance and business license. ECO ECO Engineering Service, LLC Providers of Eco- Friendly [iuilding Solutions Eco Engineering Service, LLC 1160 Hillsboro Mile PROPOSAL Date: June 10, 2013 Proposal #: DB6102013 Install Date: TBD Hillsboro Beach, FL 33062 Eco Engineering, LLC Contact: Frederick Reyes (T) 954.937.9894 ■ ©954.907.5868 Contact Number: 954. 907.5868 CLIENT DWNER. _PROJECT; Thnothy Sininions Atlantic Ave Tree Surrounds /Delray Beach Parks Superintendent Phase 1: 5th Ave - Swinton, (40) tree surrounds City Of Delray Beach 50 NW 1st Ave. Delray Beach, FL 33444 P 1 Supply and install Porous Pavement (Recycled rubber, aggregate,& binder) to (40) tree Surrounds on Atlantic Ave, Delray Beach 2. All Base Material and sub base prep work {tamped gravel & weed barrier, electrical, irrigation, & root pruning will be preformed by City of Delray Beach and is subject to Era Engineering Services inspection and approval. 3. bf.O.T Work Area Adjacent to Installation areas and Barricades for all new install provided will be provided by City of Delray Beach-Material laydown /staging area and dumpster provided by City of Delray Beach. Location TBD 4.Price based on all tree wells being installed at one time, unless mutually agreed upon. Line b Tree Surrounds Product Color Description 1W Unit Price Total 1 40 Porous pavement redwood Tree Surrounds (4x4.3.5x5) 550.00 22,000.00 2 S 3 EPDM $ S 4 Filter Fabric /Weed barrier 5 Stone /Base @ Installation $ 6 S 7 Multiple Corp mobilization $ 1,000.00 S 1,000.00 Upon acceptance of this proposal with your signature below, it is acknowledged you have read the Manufacturer Product Specification Sheet for the product quoted in this proposal. Signature Title Installation /Labor Materials Florida Sales Tax Mobilization Total Freight Grand Total $ 22,000.00 Exempt S 1,000.00 $ 23,000.00 $ 690.00 1 $ 23,690.00 Printed Name: Date: NOTES & PAYMENT TERMS Terms: STANDARD 50% of total due upon Proposal acceptance. Second payment of 25% of total due at completion of20th tree well. The remaining balance due net -30 upon completion of Eco Engineering Service, LLC 's portion of work. Ally 1 1 1 r ! NIL Vol r' ISSItUff U i I- purpose , contract value will he increased by rr over the proposal amount, r ver the Notice To Oivnerfees associated with thefiling. 100% of Proposal /Contract amount MUST be PAID IN FULL prior to Eco Engineering Service LLCand MFG'swarranty being issued. E C ®r If ground work is being perfonned or other materials are being supplied or installed by others prior to Eco Engineering Service, LLC's work, it is agreed betiveen fire parties that Eco Engineering CO Engineering Service LLC Service, LLC reserves the right to charge an additional rate tip to a maximum of 52,000 /daily for 1 Eco Engineering Service, LLC's down Unte if the aforementioned is riot satisfactory before the Providers of Eco - Friendly Building Solutions fnstallation of porotrs materials. rates are valid for 30 -days from proposal date above and are subiect to 1;0 03/5104120 1 1 /REV-1 EC t�� ECO Engineering Service, LLC Providers of Eco-Hend ly Building Solutions Eco Engineering Service, LLC 1160 Hillsboro Mile PROPOSAL Date: July 14, 2013 Proposal if: DB71413 Install Date: TBD Hillsboro Beach, FL 33062 Eco Engineer ft LLC Contact: Frederick Reyes (T) 954.937.9894 ■ ©954.907.5868 Contact Number: 954. 907.58613 CLIENT OWNER: PRO ECT: Thnothy Simrnorrs Atlantic A ve Tree Surrounds /Delray [Teach Parks Superintende tit Phase Il : Sth Ave - A 1 (49) tree surrounds City Of Delray Beach 50 NW 1 stAve. Delray Beach, FL 33444 SCOPE OF WORK: 1 Supply and install Porous Pavement( Recycled rubber, aggregate,& binder) to (49 )tree Surrounds on Atlantic Ave, Delray Beach. 2. All Base Material and sub base prep work(tamped gravel & weed harrier, electrical, irrigation, & root pruning will be preformed by City of Delray Beach and is subject to Eco Engineering Services inspection and approval. 3. M.O.T Work Area Adjacent to Installation areas and Barricades for all new install provided will be provided by City of Delray Beach. Material Laydown / staging area and dumpster provided by City of Delray Beach. Location TBD. 4.Price based on all tree wells being installed at one time, unless mutually agreed upon. W Line i# iv- Tree Surrounds Product Color Description Unit Price Total 1 47 Porous pavement redwood $ 550.00 $ 25,850.00 2 2 Porous pavement redwood Tree Surrounds ( 5x4) $ 600.00 $ 1,200.00 3 EPDM $ - $ 4 Filter Fabric /Weed barrier 5 Stone /Base @ Installation $ 7 iMultiple Corp mobilization $ 11000.00 $ 1,000.00 Upon acceptance of this proposal with your signature below, it is acknowledged you have read the Manufacturer Product Specification Sheet for the product quoted in this proposal. Signature Title Installation /Labor Materials Florida Sales Tax Mobilization Total Freight Grand Total $ 27,054.00 Exempt $ 1,000.00 $ 28,050.00 $ 700.00 $ 28,750.00 Printed Name: Date: NOTES & PAYMENT TERMS PaymentTernrsr STANDARD i of total due upon Proposal acceptance. Second payment of25% of total due at completion of20th tree well. Tire remaining balance net -30 upon completion ofBco Engineering Service, LLC 's portion of work Any r nnner-cial account that does not r r Engineering - - r r i r ! r 11 r i r r l ssocateie with it r 100% of Proposal /Contract amount MUST be PAID iN FULL prior to Eco Engineering Service LI.Cand bfFG'sivar-rarrty being issrrerl. ECO if ground work is being perforated or other materials are being supplied or installed by others prior to Eco Engineering Service, LLC's work, ft is agreed between the parties that Eco Engineering CO Engineering Service, LLC Service, LLC reserves tire right to charge air additional rate up to a maximum of $2,000 /daily for Eco Engineering Service, LLC's down (tine If the aforementioned is not satisfactory before the Providers of Ecofrlendl Building Solutions' installation of porous materials 'Freight rates are valid for 30-days from proposal date above and are subject to change. # 00315104!2011 !REV -1 ECG ECO Engineering Service, LLC Providers of Eco-Friendly Building Solutions Eco Engineering Service, LLC 1160 Hillsboro Mile PROPOSAL Date: July 14, 2013 Proposal #: DB71413 Install Date: TBD Hiilsboro Beach, FL 33062 Eco Engineering, LLC Contact: Frederick Reyes (T) 954.937.9894 ■ (C) 954.907.5868 Contact Number: 954.907.5868 TimothyShnlnons Atlantic Ave Tree Surrounds /Delray Beaclt Parks Superintendent Phase 111; Swinton Ave West to NW12th Ave City Of Delray Beach (87) Tree Surrounds 50 NW 1st Ave. Delray Beach, FL 33444 SCOPE OF WORN: 1 Supply and install Porous Pavement ( Recycled rubber, aggregate,& binder) to (87) Tree Surrounds on Atlantic Ave, Delray Beach. 2. Ali Base Material and sub base prep work(tamped gravel & weed harrier, electrical, irrigation, & root priming will be preformed by City of Delray Beach and is subject to Eco Engineering Services inspection and approval. 3. M.O.T Work Area Adjacent to installation areas and Barricades for all new install provided will be provided by City of Delray Beach. Material Laydown / staging area and dumpster provided by City of Delray Beach. Location TBD. 4.Price based on all tree wells being installed at one time, unless mutually agreed upon. Line it Tree Surrounds Product Color Description Unit Price Total 1 60 Porous pavement redwood Tree Surrounds ( 4x4, 3.5x5, 3x5) $ 550.00 $ 33,000.00 2 27 Porous pavement redwood Tree Surrounds ( 6x4) $ 650.00 $ 17,550.00 3 EPDM $ - $ 4 Filter Fabric /Weed barrier 5 Stone /Base @ Installation $ 6 7 Multiple Corp mobilization $ 1,000.00 $ 1,()00.00 Upon acceptance of this proposal with your signature below, it is acknowledged you have read the Manufacturer Product Specification Sheet for the product quoted in this proposal. Signature Title Installation /Labor Materials Florida Sales Tax Mobilization Total Freight Grand Total $ 50,550.00 Exempt $ 1,000.00 $ 51,550.00 $ 1,410.00 $ 52,960.00 Printed Name. Date: NOTES & PAYMENT TERMS PaytnentTerms. STANDARD 5096 of total due upon Proposal acceptance. Second payment of 2596 of total due at completion of20th tree well. The remaining balance due net -30 upon completion of Eco Engineering Service, LLC 's portion of work. r sitiviltheissite(la EcoErigineering Set-vice, LLC. conti-actfor the purpose of 11 over r r amount, r caver the Notice To Ownerfees associated 100% of Proposal /Contract amount MUST he PAID IN FULL prior- to Eco Engineering Service LLC and MFC'swarranty being issued. E C !f ground work is being perfonned or other materials are being supplied or installed by others prior to Eco Engineering Service, LLCs work, it is agreed between the parties that Eco Engineering Service, Engineering Service, LLC LLC reserves the right to charge an additional rate up to a m m aximu of$2,000 /daily for Eco CD g, neerin Engineering Service, LLC's down time if the aforementioned Is not satisfactory before the installation ProyWas Of Fe0•Fdeild� BuiWi l9 Solutions ofporous materials'_ 'Freight rates are valid for 30-days front proposal date above and are subject to change. #00315104/2011 18 E V -1 ECi' -� ECO Engineering Service, LLC Providers of Eco-Friendly Building Solutions Eco Engineering Service, LLC 1160 Hillsboro Mile PROPOSAL Date: July 14, 2013 Proposal #: DR71413 Install Date: TBD Hillsboro Beach, FL 33062 Eco Engineering, LLC Contact: Frederick Reyes (T) 954.937.9894 ■ (9954.907.5$68 Contact Number: 954-907,5868 Timothy Simnhons Atlantic Ave Tree Surrounds /Delray Beach Parks Superintendent Phase IV: Atlantic North On Pin apple City Of Delray Beach (6) tree surrounds 50 NW 1stAve. Delray Beach, FL 33444 SCOPE OF WORK: 1 Supply and install Porous Pavement ( Recycled rubber, aggregate,& binder) to (6 )tree Surrounds on Atlantic Ave, Delray Beach. 2. All Base Material and sub base prep work(tamped gravel & weed barrier, electrical, irrigation, & root pruning will be preformed by City of Delray Beach and is subject to Eco Engineering Services inspection and approval. 3. M,O.T Work Area Adjacent to Installation areas and Barricades for all new install provided will be provided by City of Delray Beach. Material Laydown / staging area and dumpster provided by City of Delray Beach. Location TBD. 4.Price based on all tree wells being installed at one time, unless mutually agreed upon. Line It Treelff Surrounds Product Color Description Unit Price Total 1 3 Porous pavement redwood Tree Surrounds (5x7, 5x6.5) $ 750.00 $ 2,250.00 2 2 Porous pavement redwood Tree Surrounds ( 7x7,7.7x7.5) $ 850.00 $ 1,700.00 3 1 Porou s pave inent redwood Tree Surround (4x4) 550.00 $ 550.00 4 Filter Fabric /Weed barrier 5 Stone /Base @ Installation $ 6 $ 7 IMultiple Corp mobilization $ 500.00 $ 1,000.00 Upon acceptance of this proposal with your signature below, it is acknowledged you have read the Manufacturer Product Specification Sheet for the product quoted in this proposal. Signature Title Installation /Labor Materials Florida Sales Tax Mobilization Total Freightl Grand Total $ 4,500.00 Exempt $ 500.00 S 51000.00 S 260.00 $ 5,260.00 Printed Nome: Date: NOTES & PAYMENT TERMS PayrtheiltTerms: STANDARD 50% of total due upon Proposal acceptance. Second payment of2596 of total due at completion of20th tree well. The remaining balance dire net -30 upon completion of Eco fthreering Service, LLC `s portion oftivork rr over r r sai amorm r, to , 'r To flivilerfees associatea 00% ofPr -oposal/CoatractamountMUSTbe PAIDINFULL prior to Eco Engineering Service LC and MFG'swarranty being issued. i ECO ground work is being performed or other materials are being supplied or installed by others prior Eco Engineering Service, LLC'swork, it is agreed between the parties that Eco Engineering CO Engineering Service L rvice, LLC reserves the right to charge an additional rate up to a maximum of 52,000 1dally for r o Engineering Service, LLC's down thne if the aforernentioned is not satisfactory before the Providers of Eco-Friendl BuiWing Sold itallationofporous materials. rates are valid for 30 -days from proposal date above and are subject to change: i100315MQ01 UREV -1 1 , April 27, 2012 RE: KBI Flexi® -Pave To Whom It May Concern: This letter is provided for a "Sole Source Purchase" of K.S. Industries, Inc. proprietary product KBI Flexis' -Pave. The KBI Flexi�- Process is the only patented porous pavement on the market using recycled passenger tires. There is not another product on the market with the same porous construction or dynamic capabilities like KBI Flexis' -Pave. The characteristics listed make KBI Flexi'7'-Pave unique in the porous pavement technology market. ,Specifications: • The certified installer is responsible for supplying and installing a warranted material that meets the following specifications: The material must consist of and utilize recycled tires; aggregate and binder. • The material.nlust be applied in'such manner that it is completely free of joints;or seams, provides impact absorption, is flexible >to substrate movement and .,root groi%4h and is non cracking during freeze -thaw "conditions. ■ The material is to be porous to precipitation with art `18% - 22% dynamie flexible void capacity. The placement of material must be able to accommodate up a30% slope. • The material must `withstand continual daily foot, bicyele, and. wheelchair use with occasional vehicular crossings. • Application of the maie.riai. will occur over various substrate materials with the: majority of application occurring over natural earth The product must retain durability over the various substrates.:; • The material is available In a selection of color choices • The material shall be , resistant to the following c1cinents: transmission, hydraulte, 'and brake fluids, gasoline, diesel, saltwater, oil, chlorine, ozone, bromine, and muriatic acid. • The material shall alsoresist UV degradation and slipping. • The material will be ADA compliant. Eco Engineering Services, LLC, owned by Frederick Reyes is the only certified saleslinstailer for Broward, i♦iiami -Dade, and Palm Beach Counties in Florida for the KBI Flexig -Pave product. Should you have any questions or require additional information, I can be reached by phone at (727) 251 -7431 or email at barnum � .kbius,corn. Thank you, K.B. INDUSTRIES, INC. ,T , iL At � George Barnum, VP Executive Vice President K.B. Industries, Inc. #213104- 23- 20121REV-0 7300 Bryan Dairy [toad • Suite 400 • Largo, FL 33777 -1544 CI Sole Source Specification Letter Tel: (727) 723 -3300 • Fax: (727) 723 -3600 Smarter Materials for Next Generation Infrastructure "' RE: KBI Flex!® -Pave Dear Sirs, This letter is provided for a "Sole Source Purchase" of K.B. Industries proprietary product KBI Flexi9 -Pave. The KBI Flexi�- Process is the only patented porous pavement on the market using recycled passenger tires. There is not another product on the market with the same porous construction or dynamic capabilities like KBI Flexia -Pave. The characteristics listed make KBI Flexi° -Pave unique in the porous pavement technology market. Specifications: • The certified installer is responsible for supplying and installing a warranted material that meets the following specifications: The material must consist of and utilize recycled tires; aggregate and binder. • The material must be applied in such manner that it is completely free of joints or seams, provides impact absorption, is flexible to substrate movement and root growth and is non cracking during freeze - thaw conditions. • The material is to be porous to precipitation with an 18% - 22% dynamic flexible void capacity. The placement of material must be able to accommodate up a 30% slope. • The material must withstand continual daily foot, bicycle, wheelchair and vehicular crossings. • Application of the material will occur over various substrate materials with the majority of application occurring over natural earth. The product must: retain durability over the various substrates. • The material is available in a selection of color choices. • The material shall be resistant to the following elements: transmission, hydraulic, and brake fluids, gasoline, diesel, saltwater, oil, chlorine, ozone, bromine, and muriatic acid. • The material shall also resist UV degradation and slipping. • The material will be ADA compliant. The certified installer for the Washington D.C. metro area is Capitol Flex! -Pave. They can be reached at 202 -431 1961 and via email at natkins @fiexi- pave.com if you have any questions or need any additional information. Best Regards, George Barnum, Executive Vice President K.B. Industries, Inc. 7300 Bryan Dairy Road, Suite 400 ■ Largo, FL 33777 ■ (727) 723 -3300 www.kbius.com April 23, 2012 To Whom It May Concern: This letter is to inform you that; ECO ENGINEERING SERVICE, LLC is a certified installer for K. B. Industries. Their corporate issued Certification No. is FLO10. Their Recognized Service Area (RSA) c Brolvard, A, of the following Florida Counties: acrd Pahn Beach. Should you have any email at ebarnum(A Thank you, K.B. INDUSTRIES, INC. George Barnum, VP Executive Vice President s or concerns, please ,ontact me directly at (727) 251 7931 or via K.B. Industries, Inr. 7300 Bryan Dairy Road • Suite 400 • Largo, FL 33777A544 Tel: (727) 723 -3300 • Fax: (727) 723 -3600 Cam_- PRODUCT DESCRIPTION: A construction paving material that is dynamic in its physical construction which is mixed directly at the, installation site. Available for use after 24- hours Which results in an extremely porous,'.'heavy duty, flexible paying system designed for low speed applications with pedestrian and vehicular "use. The construction paving materials is`made from Recycled Passenger Tires and Aggregate bound together with K.B. Industries, proprietary binding agent: XFP75. This product also has the capability of giving any HD2000 application additional surface tensile strength by applying an XFP75 overspray. d [3aesnel rack c Even wt#h roof fntrusionlpreventing trip hazards. F Allowing Groundwater recharge. Extremely Porous _ Heavy objects unll not make indentations when removed. m tit physical forrrfttrQn o9rttrol ?uses a Embankments, Swales, etc.) Daffses water fore ti �Re lkers. rrnpt Absorbtrg Surface cde ADA requirernentsJReduces slip and fail hazards. 51 {estsfant - -llucestiatntenance costs islant to PreereiThaw gslaf t4 snow plow damage 4iipates MeciaanfCal "5bae1�. - �ioes`iaof bum ytfthout the use of an extreme accelerant: fair llaormable yC %tallect on bodies of open water (i.e: Wetlands, etc.) .;, ikonoxio fransmssion Fluid; Brake t=tofd, Gasoline - Diesel, Hydraulic Fluid, Salt r ,5'' °x - Cefstaot to i�arrrifutaterz 011 Chlonna;, Ozone, Bromine;, MuriaGc Acid, Other hostile �= �tirfantsgalerrals INSTALLATION: KBI Ftexig -Pave can be installed from 45 °F degree to 95eF deg €ee temperatures. Important; When curing, the temperature should not fall below 35 °F. QUALIFIED INSTALLA'T'ION: KBI FlexP -Pave can be installed by K.B, Industries, Inc. CERTIFIED INSTALLERS having the KBI CERTIFICATION NUMBER. (This number can be requested at any lime from K.B. Industries, Inc. for verification.) RECOMMENDED SUBSTRATE: HD2000 is installed over a minimum of 4' (100 —) of compacted crushed concrete or similar aggregate to a density of 95% minimum, The sizing of the stone and base soil will directly represent the desired 'Curve Number' (percolation rate) required. HD1000 is designed to be installed over existing engineered pavements (i.e. concrete or asphalt). This process is called an 'over- pour' installation. (The porosity rate of HD2000 and HD1000 material thickness is 4000 inches per hour or 100 meters per hour.) MATERIAL SAFETY INFORMATION: MSDS information is available upon request. KBI Flexil�- Pfocess products are manufactured try KB lndusiries, Inc. Data is based on facts that wa ba%ve to be accurate but a recamnenda6ans are made 41=t warranty since conddfons of use are beyond KB Industries, Inc. control. We do not assume any Mbity exceptwhat is expressV noted in warranty certificate if certified Technicians instal the products. we do not assume any CaV.ty from iniury resu}ting from use. tiabRy, if any, is rrn4ed to replacement of products. USAGE GU I DELI N ES: All KBI Flexi& -Pave HD products are designed for vehicular traffic. Any implied warranty is voided by improper use. No Track Vehicles (metal or rubber), Forklifts (warehouse -var Reach), Man Lifts (booms or scissors), dumpsters or roll -off containers. Barcinski, Robert From: Shutt, Brian Sent: Tuesday, July 23, 2013 10:51 AM To: Barcinski, Robert; Krejcarek, Randal; Nadal, Patsy Cc: Costello, Jeff Subject: RE: Document Request I would agree R. Brian Shutt City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561)243 -7091 Fax (561)278 -4755 shun aC 7.m ydelra ybeach. cam From: Barcinski, Robert Sent: Tuesday, July 23, 2013 10:15 AM To: Shutt, Brian; Krejcarek, Randal; Nadal, Patsy Cc: Costello, Jeff Subject: FW: Document Request Please review and give me your thoughts. I think we now have what we need to go to commission. From: Simmons, Tim Sent: Tuesday, July 23, 2013 9:38 AM To: Barcinski, Robert Subject: FW: Document Request I did not read these. Just forwarding them on. From: Tony Sciortino [ mailto :tony.sclortino(@yahoo.com] Sent: Monday, July 22, 2013 7:42 PM To: Simmons, Tim Subject: Fw: Document Request Hi Tim Sorry for the delay in responding to your request, as I am traveling on business. Freddy is on vacation this week. I went thru my archives and was able to find some documents that were provided by KBI. The first attachments is Eco's Certified Installer letter. The second attachment is a Sole Source letter that states that Eco is the Exclusive Installer in this territory. As mentioned before, I can not confirm nor dispute the claims regarding Flexi- Pave being patented or one of a kind product( as referenced in first paragraph). Please use attached documents as you see fit. Thanks Tony - - - -- Forwarded Message From: Mendy Kelley <mkeilgy akbius.com> To: Tony Sciortino <ton y. sciorti no(o)yahoo. com>; Freddy Reyes <freyesCc-)ecoengsvc.com> Sent: Tuesday, November 20, 2092 92:00 PM Subject: FW: Document Request Tony & Freddy, Please find attached the documents requested. For this email I have included the MSD5 XFP75 document. Please save these documents so that you have them available for later use. Kind regards, Mendy Kelley Corporate Administrator K. B. INDUSTRIES, INC. 7300 Bryan Dairy Road • Suite 400 • Largo, FL 33777 Office: (01) 727.723.3300 • Mobile: (01) 727.488,3733 , Facsimile: (01) 727.723.3600 www.kbius.com • mkelle @kbius.com Privileged Information Notice The information contained in this electronic transmission is intended for the recipient whose name and /or company details are shown after the word `To" at the beginning of this transmission_ The content is confidential and may be legally privileged. It is incumbent upon the rightful recipient to ensure that this electronic transmission is not illegally distributed, copied, or forwarded to others. If you have received this electronic transmission in error, please advise me immediately and delete this communication and any attachments from your system. Please consider the environment before printing. If you would like to remain on KBI's mailing ri5t and receive occasional information and producf updates, please lei us know. If you do not wish to receive future emails from KBI, we will be happy to add you to our unsubscdbe list. rg rpr I MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 26, 2013 SUBJECT: AGENDA ITEM 8.0.2 - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 PURCHASE AWARD /HD SUPPLY WATERWORKS ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase award in the amount of $45,921.55 to HD Supply Waterworks for water main materials to be installed by the City's In -house construction crew for the N. Lake Ida Area Water Main Project #2010 -069. BACKGROUND The scope of work consists of the construction of 2,300 linear feet of 8 inch PVC water main, 40 linear feet of 6 inch PVC water main, 18 valves, 2 fire hydrants and water service connections to the new water main. The project also includes sodded swales, asphalt trench repair, concrete, asphalt, paver brick apron replacement and maintenance of traffic. Construction is anticipated to start late September 2013 and have a four to five month duration. Staff received quotes from three (3) vendors for pipe material: Lehman Pipe & Plumbing Supply, Inc. in the amount of $48,347.06, Ferguson Enterprise, Inc. in the amount of $48,345.96 and HD Supply Waterworks in the amount of $45,921.55. The quotes are attached for your reference. FUNDING SOURCE Funding is available from 442 - 5178 - 536 -68.64 (Water /Sewer Renewal & Replacement Fund /Improvements Other/N. Lake Ida Area WM). RECOMMENDATION Staff recommends approval of a purchase award in the amount of $45,921.55 to HD Supply Waterworks for water main materials to be installed by the City's In -house construction crew for the N. Lake Ida Area Water Main Project. Ka511PP6Y. Branch Inform- atie,rE Delivery Information: Delivery LDOaVOTIJ: Delivery Location 2: Cate Required: Methou of Shipment; Notes: PRK-'ING GOOD FORA DAYS 'vats ?rin[ed- -.,,,30M3 Page No. I ND SUPPLY'NATERWOPKS I Q1 I W 17TH ST RIVIERA BEACH FL 33404 (56.1- 758- 52O4Fax. (55`1) ?43- 1937r0ob;fe_(569) 756 -52G4 Representative: JEFF BROUILLSE"i 1 E Job Information', .sort Name; N4V 12TH ST.1GROVE WAY Customer. CITY OF DELRAY BEACH Address: Address2: ; 00 NW I ST AVE Cit)rls rZiP: DELRAY BEACH EL 33444 -2698 Conta -t: SHIRLEY Phone: (559) 243 -7000 Fax; (55 F, 24w -7160 Email: g&er@mydelraybeach,r -rjm Location: Engineer: Bid de- ^/ }gyp �0SM3 ry i Delivery Information: Delivery LDOaVOTIJ: Delivery Location 2: Cate Required: Methou of Shipment; Notes: PRK-'ING GOOD FORA DAYS 'vats ?rin[ed- -.,,,30M3 Page No. I date printed 1113i� ,3 Page Na. 2 pS aid JFB30-2462 Saies-man: JEF; BROUIi�LET7F- ic,b Name' NW 12TH ST- IGROVE VY AY Branch: HD suppLY WATERWORKS Locotir,W p.?VC,r,e, Cwsto.,ner: C[T-Y DF DELp-Ay BEACH F.,: (5611 743-19Z7 Engineer: Mobile: (561) 75$-5204 Bid dme: 71W3 ,n,. price Peice Ext. Price Seq# Qtv Description FT 7 D6 826.M, 2 D oo C��Oc DR 1 B PVC Pi PE BL'UE (G) [O.ARKINGS DGIL50 OR PC2"5 FT 4 fT( 81 4,j 6 C400 DRIF PVC PIPE B � �L:E P f00,304GS PC150 0 PC2 FA F, 41 00 40 8 8x.6 Noi WYE cp I-D! 01 EA 550.42 3,338.52 50 6 F,31 DC V,0 RVV'�-�V O� ' ON �-LOXN GATE VAI�VE;=poXy c.O.ATED LA 77u 75 4- 642., 4 ,Aj RW TAP N; Li' ()L tfA-" 0 EA E29 1;S 058 31, 2 SX5 SST AP ��LV SS FLG ODD RANGE 8- 53 -w -95 4747 18258 plo 4 8 Mj PLUG i1) T:-P Di C1 FZ13 C-1 EA 6 201 24B.04 90 4 �,)�2 rrij -rAp-1 r-P DI 5a EA - 02E.94 6 F6114 Nil: R-,1-JTAP VLV CL,'J,'A0C '.OVV EA 3 2 4 2 BRASS SQ HE-�--D CORED PLUG 10 LEAD BELL "HARNESS EA C,1 49 30745 12C, 5 2 0994 4-1.-2VO MED 3'6 "? 5MJ ''ACC 185.89 2,391.78 30 140 2 RFD 3 xc-, mJxsvjivEL TE E,- 1) C P D! -- 153 E A 12� H 25�-56 8e2.48 5 R1IV GV OL ON LACU EA n! 24 1 .5:: CLO\P` GATE lv'PLV'-r EPDXY COATED -1232 Tv 1150 6 mi PEGuLAP, ACC SFT LIGIAND EA 14 (L=sS CLAND) !3 PVC 4306 S-IPC-RIP RESTR (1) EA 23 f4 332.36 70 G AHD ONLY F FFl,,C: L038 ETAR•RW RFSTF o', FA =3,E15 1.850-75 55 GUE.-ND My Mj REGU Ljj,p ACC SET ','GLAND EA 1.;.40 844,20 (LESS GLAND] F-1 0 A5 30C.C2 20,11, 2.oa0 vViRE BLU 10GA coPPER1--L,1,D TRACE . 2.0 3 53C' ROLL 2XIDIM'DET 7VATER FA, 13 31 �9 29.20 220 AD 3X20'p1,,,C SC�HB-n GRAY PIPE S%?V8 FT 48 SOLVENT VVFLD BELL ' F7 1.28 384. 00 230 300 2)(20' PVC SC�11180 G-R�' Y� ?�PE SV'V-5 SOLVENT D F, F L L date printed 1113i� ,3 Page Na. 2 Job Nate: NVV 12TH ST rGROVE `: ',y Seq* Qty" DeSC:riptiUn 243 6oG 1 X/};n100' BLUE PE TUBING �Tv FT '1.24 2✓C PSI 250 ',00 2X'003' BLUE p LBiNC CTS 5 5.96 700 PSI EA i *a ,,b 2 SS INS- wT FI E 260 -` 1 : .2u 0.54-7 -?4L 2 CPLG Nq1 P KPJ(_ -T- a 13. nu NC LE ILL 28C is 451-S,vAL V ==3OX L 1UC: ut 1c 5 -1J4 V-+`.' BOX LID iv.-Vr `rvTER. l is 25 C]�`rFC' -U CH .� �--' . � zv SAD EA 1.26 BP6XY W/ SS STRP,P•S QCi'.',6wB -G 65 EA S3 P.COO _�NI..iCDR° ^vXPJi.CTS) E-A. 3.50 NO LEAD EA 2 Y :4-2 TA. NL GX 1 1 VVYI" PJ('_'.- i EA ' 71,88 iNC LEAD EA H) #52 i GS INSERT F77_TS P= 34C t FTSS-178C -o 16X$ SS TAP SL'd E4 5y 63 SS FLG OD i7,41u-,7.60 350 14. 1 BRASS Sr HEAi7 COREC PLUS: LOW EA 64,41 LEAD Kc. -i4 F10Q0 -4N!_ 1 CORD CC1 P [CTS) _41 NO LEAD 370 2 a"7-1 _18001 5 1eX2CC D!S SADDLE Buis Totai EPDXY- SS 5-1 FLAPS 17.26.17 8C 3,80 2 FTSS -, )C-6 6X6 SS TAP GLJ SS FLG 4C 6,6; -7 0 300 2 v F51 ;4 Mj RVV TA? ,;L'V -OL E'WACC 400 _ 6X6 MJ1 REDUCER f1j C G[ G,5v1 416 7 6 MJ 22.112 BEND(Fi CP Di 015:3 42C 7 $ 11 -1:!4 BEN D(I' (_-P DI 01552 430 0 �AU 48 BEND {_.} C DI G4ti3 400 357- Oc9GOr3 -Ch70 DrG',DL EP ,XY V'JISS STRAPS GD 5 X14 -6.30 45; 20 5 Tj PR350 CL50 DI P[P'E � "[_ Bid Totals HD S',PP4.Y'AA T ERWORKS Unit= Price Ext, Price PT 6.33 i38 o0 FT '1.24 124.30 1. .� 1 7.JID 5 5.96 44;,68 EA -rte 1 : .2u 32.5 11 Fp, 13. nu 247,OC E 6.04 1, X1.00 EP. 39.?5 507 -55 ek 83.42 160-.34 EA 1.26 63 -00 EA 155.68 x,022. 2 E-A. 3.50 49.00 EA 35.05 546.70 EA ' 71,88 355, r 6 EA 392.38 7$4,75 EA 5'14,4; 1,028,94 E4 5y 63 103.26 EA 70.60 490._50 EA 64,41 450.87 RA 72.`9 7229 _41 130.82 FT 15.26 325.20 Buis Totai X45.921 55 Bid Total 545,921:55 Rate Printgd', '- [:s<<?- Rap& Wx 3 Mueller, Jason ter uson -1216 Miami To: Mueller, Jason [Ferguson] - 1216 Miami Subject: FW: NW 12 & GROVE WAY BID }aid No......:: Bid Date...: Quoted By: Customer.: Cust P(*..: Price Quotation # B226296 FEI- POMPANO BEACH WW #125 V60 NW 18M STREET P0ikIPAN0 BEACH, FL 33069 -1394 11228296 07/03/13 im CITY OF DELRAY BEACH 100 NW 1ST AVENUE DELRAY BEACH, FL 33444 Phone. 934 - 973 -8100 Far: 954 -917 -3134 Cust Phone: 561- 243 -7130 Terms.....,...: NET LOTH PROX Ship To.......: CITY OF DELRAY BEACH 100 NW 1ST AVENUE DELRAY BEACH, F, 33444 Job Name.: NW 12 & GROVE WAY Item Description Quantity Net Price UM Total - - - - - - -- - - NW 12 ST. & 6ROVE WAY WATER MAIN TMPROVEM .NTS ; PT -PVC PVC QUAI,3FIER I I EA PVC PIPE QUO= MUST BE ORDMD BY W25113 SHIPPF -D BY: 8110113 ONCE ORDER BY DATE EYPIRi{,S PLEASE CALL )UR OFFICE FOR UPDA'MD PVC MARKET PRICING PT -PVC 1DRISBPX — - - 8 0900 DK18 PVC GJ BLUE PIPE - - 2100 7.280 PT 15288.00 1DR18BPU 6 0900 DR18 PVC GJ BtUE PIPE 20 4.250 1 F 85.00 . WYLAX 8 MJ C153 JVYE IJA 8 181.490 � EA 1451.92 AFC25081v NILAOT, 8 3vi-T RW DI OL GATE VLV UA 6 665.840 EA 3995.04 IAFC2509TNdLA 8 MJ RW DI OL TAPN VLV UA 6 8T4.620 is A 5247.72 FFAST9456 8X6 ALL SS TAP SLV 9.05.9.45 2 496.080 EA 993.16 MJSPX 8 MJ C153 SLID PLUG 4 49.600 EA 198 -40 IITPXK ._- .J8X2MJC153TAPPLUG - -- 4 64.860 EA 259.44 - AFC2506TMLAOL 6 MJ RNV DI OL TAPN VLV T /A 2 588.730 FA 1177.46 IBRCEUGK 2 BRS SQ ED CORED PLUG - 4 8.020 EA - - 32.08 .0 SPA PC8 8 SIGMA BELL REST F/ 0900 *PVLOK 5 59.040 EA 295.20 AFCB94BLAOLNCUW 5114 VO B84B I-IYI3 3'6 OL L/A CMV 2 1150.000 EA 2300.00 MISTLAXU 8X6 MJ C153 SWVL TEE LIA 2 131.3501 EA 262.70 AFC2506MMLAOL 6 MJ RNV Df OL CATE VLV IIA 2 410,950 RA 821.70 IIvIJBGPU 6 MJ C153 BOLT GSKT PK U GLAND - 18 12.000 EA 216,00 SSLCF,6 6 PVC WI3G "ST GLND *ONP -LOK 14 22.770 EA 318.78 SSLCES 8 PVC WDG REST GL .ND *0NELOK - 55 - -- 33 -660 EA - 1851.30 I11iJSGPX 8 MJ C153 BOLT GSKT PK U GLAND 63 - 14.000 EA 89100 TI1EINlOSTRBL WIRE 10 TEU-IN STRND COP BLUF 2000 200.000 M 400.00 HDUO63 3X1000 FT DET TAPE BLK/BLUE WTR 3 22.000 EA 66.00 P80Bm 3 X 20 FT PVC S80 BE PIPE 40 300.000 C - 120.00 - P8 013K 2 X 20 Fi PVC S80 BE PIPE 300 140.W0 C 420.00 PEC9E0100 1X100 CTS SDR9IJDPE PIPE BLUE 200# 600 35.000 C 210.00 PEC9BK100 2X 100 CTS SD" HDPE PIPE BLUE 2OW 100 130.000 1 C 130.00 FINSBRT55 2 CTS PET INS SfFNR - 10 1.530 EA 15.30 FC9477 2 MIE.' X CTS COMP COUP 8 36.840 1 FA 1 294.72 C260OXW 5 -104 CI DROP LID TIW WTR 19 10.500 EA 199 -50 0261 ITX 10 SCR%V Cl HW VLV BX TOP SECT 19 15.000 EA 1 285.00 - C2612X 15 SCRW Cl MV VLV BX BOT SECT 19 15.000 EA 285.00 R2 02N090541 8X1 CC DBL SS STRP NYL SDL 9.05 25 58.530 EA 1463.25 FFBI0004 I CC X CTS P3 BALL CORP ST 13 36.170 EA 470.21 FYI 1474 2X1 FlP MULTf SERV WYE 2 38300 EA 76 -60 FINSERT52 I CTS PET / HDPE DR91NS STFNR 50 1.110 EA 55.50 4AST18154 1.6X4 ALL SS TAP SLV 17,75 -18,15 4 945.660 IFA 3782.64 IB LFCPI UGG LF I BRS SQ HD CORED PLUG 14 3.160 EA 44.24 FFB16004 1 CC X F'IP BALI, CORP ST 14 30.460 EA 426.44 FF,C2021840CC7 FC202 -18.40 X CC7 SDL 2 134.400 EA 268.80 FFAST7006 6X6 ALL SS TAP SLV 6.60 -7.00 2 490.850 Ek - 981.70 - - AFC2506T1,1LAOL 6 MJ RW DI OL TAPN VLV L(A 2 558 -730 EA 1177.46 MJRLAXU 8X6 MJ C153 RED L/A 2 52.870 EA - 105.74 MJ2LAX 8 MJ C153 22-1/2 BEND UA 7 72.490 EA 507.43 MJILAX 8 MJ C153 11 -14 BEND L/A 7 65350 EA 461.65 MJ4LAX 8 MJ C153 45 BEND IJA 1 74.120 BA 74.12 R202N076041 6XI CC DBL SS STRP NYL SDL 2 44.880 EA 89.76 Al i350PiJ 6 CL350 CL. DI FASTITE PIPE 20 I3.000 FT 260.00 I SUBTOTAL 48345.96 PT NOLEADI - - NO LEAD 1 EA - U.S.A_ PUBLIC LAW 111 -390 - - -- GOES INTO EFFFCf NATIONWIDE ON JA- NUARY 4, 2014. This legislation jvid reduce the allowable lead content Gf all products that come mi contact with drinking water to .25% (weighted average) - - _ This act prohibits the sale of valves, fittings and ftxt=s with a -- weighted lead content of more than 0.25% For any - - - use with potable water anywhere, in the U.S. This - - -- - means that all inventory of leaded brass becorms obsolete on January 4, .120 14. 'ME BRASS MATERIAL IN TATS QUOTATION IS IN FULL COMPLIANCE WrM THE ABOVE L�GrsLAxlorl r PLEASB BE ADVISED THAT ANY LEADED BRASS QUOTED BY - - - - - FERGUSON MAY BENON- RETURNABLE. QUOTES MAY - - - ALSO NEED TO BE RE-EVALUATED TO ALLO W FOR - - - ME INCREASE COST OF NO LI Ai3I'ItODUCTS. 4s your supplier, Fergusoa -- must adhere to the " published return policies of our vendors. Ferguson Waterworks locations will handte the idvm of all leaded brass on a case by case basis. IPLEASE NOTE. Requests could be denied if the product cannot Ve reasonably resold prior to the January 4, 2014, deadline. PT- NOLEADI 8-abtotal: $48345,96 Inbound Freight: $0.00 'lax: $0.00 Order Total: $48345.96 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALT, BF AT THE PRICE IN RFFEC' AT TRWE. OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either Mowing this document, or on the web athtf-pWwolseleyna.cowiterms eonditionsSakhtml. Govt Buyers: All items quoted are open market unless noted otherwise, Gtr Sc: � 4 LEEMAN PIPE & PLUMBING SUPPLY, INC 230 NW 29TH STREET MIAMI FL 33127 305 576-3054 Fax 305 576-3066 QUOTE TO: CITY OF DELRAY BEACH 100 Nw lot AVE DELRAY BEACH, FL 33444-2612 Quotation SKIP TO: CITY OF DELRAY BEACH CENTRAL WAREHOUSE 434 S SWINTON AVE DELRAY BEACH, FL 33444 RE I. 07/08/13 Q-51312719 REMIT TO: 5116 LERNM p1pr & PTAW"aG 370417 I of 5 T. n 33 r )') U.S'A 976-3054 Fax 305 576-3066 MATTHEW BLISS QT NORTH ROB SKIP TO: CITY OF DELRAY BEACH CENTRAL WAREHOUSE 434 S SWINTON AVE DELRAY BEACH, FL 33444 RE I. aw 5116 NW 12TH ST MhTTHEW BLISS 2!c', 10th Prox- T[07/08/13 No MATTHEW BLISS QT NORTH ROB K PRESS 150 PIPE 718.89 C I5096.69 9999-10300 lea 15404 LGTS 6 0900 DR18 GK PRESS 15O PIPE: 414,44/cf 82.89 9999-10299 Gea 210209 a US PIPE MJ GATE VL L/ACC W/2" NUT 646.74/ea 3880.44 0728-01800 A-USPO-23LN Bea 33574 8 DI CI FLG WYE 173.52/ea; 1388.16 MJL0808 0000-000000 bee. 214780 8" us PIPE TAPPING VALVE 814.74/ea 4888,44 TUSPO-19LN 0000-000000 2ea 244875 H304 8X8 SS. TAPPING SLEEVE 772.22/ea:, 1544.44 MUELLER 0000-000000 4ea 225097 8 DI MJ PLUG MJP08 47.42/ea 189.68 0000-000000 4e& 225098 8x2 DI MJ TAPT PLUG M-JP08T 62,01/ea 248.04 0000-000000 2ea 210212 611 US PIPE TAPPING VALVE RW 566.30/ea 1132.60 L/ACCESS TUSP219LN 10000-000000 — Continued on Next Page LEHMAN PIPE & PLUMBING SUPPLY, INC BOX 370417 MIAMI, FL 33137 U.S.A 305 576-3054 Fax 305 576-3066 QUOTE TOi CITY OF DELRAY BEACH 100 NW Ist AVE DELRAY BEACH, FL 33444-2612 Quotation SHIP Tilz CITY OF DELRAY BEACH CENTRAL WAREHOUSE 434 S SWINTON AVE DELRAY BEACH, FL 33444 07/08/13 1 Q-51312719 REMIT TO, 113HPURN FTEN ;, Lomn?G $0ppLyl 'BOX 170417- MATTHEW BLISS Dolmy., n 33117 U.S.A 2 of 5 305 576-3051 Pax 305 676-3964 NO SHIP Tilz CITY OF DELRAY BEACH CENTRAL WAREHOUSE 434 S SWINTON AVE DELRAY BEACH, FL 33444 511b NYi 12TH ST MATTHEW BLISS MATTHEW BLISS OT NORTH R03 2%- loth Pox -NET 07/08/13 NO ................... - - - - - - - - - - - 4ea 205807 2 IMPORT BRASS SQ HEAD PLUG LF 7.40 ea 29,60 0428-01325 XNLI17-32 Sea 227882 8 PVC STARGRIP SERIES 4000 PVC4008 32,21/ca 161.05 0000-000000 tea 216560 A495 DOM FIRE HYDRANT, M94 42" 1430.00/ea 2860,00 BURY, 5-1/411, MJ LESS ACC 0000-000000 2ea 220718 8X6 DI MJ SWIVEL TEE LESS/ACC 86.00/ea 172.00 (MJTH0806) 0000-000000 2ea 216297 6 US PIPE MJ GATE VL L/ACC W/211 NUT 403.58/ea 807.16 0728-01600 A-USPO-23LIq 18ea 22171 6 D/IRON MJ ACC KIT L/GLAND 8.91/ea 160-38 0000-000000 14ea 227878 6 PVC STARGRIP SERIES 4000 PVC4006 21.79/ea 305.06 0000-000000 55ea 227882 8 PVC STARGRIP SERIES 4000 PVC4008: 32.21/ea 1771.55 0000-000000 63ea 22172 8 D/IRON MJ ACC KIT L/GLAND 9.68/ea 609,84 0000-000000 2ea 15338,LGTS 3x20 SCH 80 PVC PIPE PE 269.60/cf 107,84 Continued on Next Page LEHMAN PIPE & PLUMBING SUPPLY, INC BOX 370417 MIAMI, FL 33137 U.S.A. 305 576-3054 Fax 305 576-3066 OUOTE 10: CITY OF DELRAY BEACH 100 NW 1st AVE DELRAY BEACH, FL 33444-2612 Quotation SHIP TO: CITY OF DELRAY BEACH CENTRAL WAREHOUSE 434 S SWINTON AVE DELRAY BEACH, FL 33444 719 REMIT TO: . -Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Efum �ox 37"rr k-IAM, FL 3313.; 3 of 5 305 576-3054 Fax 305 576-3066 2% 10th Prox-NET SHIP TO: CITY OF DELRAY BEACH CENTRAL WAREHOUSE 434 S SWINTON AVE DELRAY BEACH, FL 33444 51I6 INW 12TH ST MAT.THEW BLISS MATTHEW BLISS OT NORTH ROB 2% 10th Prox-NET 107 08/3-3 Na ..... ..... �-- 9805-00300 tea : 16319 3 SCH so PVC SLIP CPLG 6.40/ea 12.80 0829-03000 15ea, 15324 LGTS 2x20 SCH 80 PVC PIPE PE 133.60/cf 400.80 9805-00200 15ea 7160 2 SCH 80 PVC SLIP CPLG 2.27/ea 34.05 0829-02000 6ea 39536 COIL 1x100 SDR9 BLUE POLY PIPE 33.33/ea 199.98 0000-000000 lea 171973 ROLL 2XI00 SDR-9 CTS BLUE POLY 124.44/ea 124,44 0000-000000 10ea 246798 211 SS PIPE INSERT 4.40/ea 44.00 528707 MUELLER 0000-ODD000 Bea. 230276 E2609 211 STRAIGHT COUPLING 67.73/ea 541.84 PJ (CTS) X PJ (CTS) JAMES JONES LEAD FREE 0000-000000 19ea 210502 VB461SHD 18X24 HD SCREW VALVE BOX 36.84/ea 699.96 COMPLETE W1 LID MARKED WATER 0000-000000 Continued on Next Page LEHNIA,N PIPE & PLUMBING SUPPLY, INC BOX 370417 MIAMI, FL 33137 U.S.A 305 576-3054 Fax 305 576-3066 Quotation QUOTE TO: SHIP To: CITY OF DELRAY BEACH CITY OF DELRAY BEACH 100 NW 1st AVE CENTRAL WAREHOUSE DELRAY BEACH, FL 33444-2612 434 S SWINTON AVE DELRAY BEACH, FL 33444 07/08/13 Q-51312719 REMIT TO; M EMKHM 5116 �*x 370417 • �ztr7tir mil PL 4 of 5 305 576-3054 Fax 30$ MA QUOTE TO: SHIP To: CITY OF DELRAY BEACH CITY OF DELRAY BEACH 100 NW 1st AVE CENTRAL WAREHOUSE DELRAY BEACH, FL 33444-2612 434 S SWINTON AVE DELRAY BEACH, FL 33444 5116 NW 12Th ST • �ztr7tir MATTHEW BLISS m MA 21; 10th Prox- ET[07 08/13 No 25ea 212684 8XI MUELLER DI DOUBLE STRAP 39.17 ea 979.25 SADDLE WISS STRAPS DR 2 S 0854 100 0000-000000 13ea 246800 E1937SG 1" JAMES JONES CORP STOP 51.09/ea 664.17 0000-000000 4ea 244881 H304 16X8 SS TAPPING SLEEVE 989.13/ea 3956.52 MUELLER 0000-000000 14ea 205913 1 IMPORT BRASS SQ HEAD PLUG LF 2.55/ea 35.70 0428-01310 XNL117• 16 14ea 246801 E1932 1" CC X FIP 46,74/ea 654.36 CORPORATION STOP JAMES JONES 0000-000000 tea 246802 16X2 DR2S EPDXY COATED 129.35/ea 258,70 SS DOUBLE STRAP SADDLE KUELLER 0000-000000 2ea 212692 6 MUELLER TAPPING SLEEVE 543.46/ea 1086.92 TYPE 304 SS 0606H304SS 0000-000000 tea l 22514118x6 DI MJ REDUCER MJR0806 50.54 ea 101.08 Continued on Next Page LEHMAN PIPE & PLUMBING SUPPLY, INC BOX 370417 MIAMI, FL 33137 U.S.A 305 576-3054 Fax 305 576-3066 QUOTE TO; CITY OF DELRAY BEACH 100 NW 1st AVE DELRAY BEACH, FL 33444-2612 Quotation SHIP TO- CITY OF DELRAY BEACH CENTRAL WAREROUSE 434 S SWINTON AVE DELRAY BEACH, FL 33444 5116 NW 12TEi ST MATTHEW BLISS 07/08/13 Q- 51312719 MIT TO; LERMAY PIPE 6 K'Womo SUPPLY, 209523 WX 37!OW 49.68/ea MEMI, FL 33137 U.S.A M 576 -3054 r&X 305 576-3066 0000-000000 SHIP TO- CITY OF DELRAY BEACH CENTRAL WAREROUSE 434 S SWINTON AVE DELRAY BEACH, FL 33444 WAR!, FL 3 5137 U.S.A. 5116 NW 12TEi ST MATTHEW BLISS MATTHEW DLISS DT NORTH R4E3 2 lOth Prox-NET 07/08/13 No ----- ...... A- ,--6-000-000000 lea 209523 6 DI MJ 22-1/2 ELL L/ACC 49.68/ea 347.76 0000-000000 lea. 199864 8 DI MJ 11-1/4 ELL L/ACC 46.61 /ea 326.27 0000-000000 0000-000000 lea 221.691 8 DI MJ 45 ELL L/ACC 70.86/ea 70.86 0000-000000 2ea 215191 6X1 DBLS STRAP SADDLE MUELLER DR2S 54.00/ea 108.00 DI FOR C-900 IP THRD DR280659 0000-000000 20ea 211456 6 CL53 DUCTILE IRON PIPE 41.25/ft 825.00 0000-000000 teai 207529 2XI000 DETECTABLE WATER TAPE (BLUE) 15.24/ea 30.48 0000-000000 TD02WAT-BLU 0000-000000 Gea 212702 ROLL, IGGA HF CCS BLUE TRACER WIRE 234.71/ea 1408.26 500' SPOOL 0000-000000 sr Af subtotal 48347.06 *Prices based an quantities quoted* Sales Tax 0.00 *Stock subject to prior Sato* Freight 0.00 *Price subject to change without notice* Handling 0.00 OR RERIT Toz BOX 370417. Total Due 48347.06 WAR!, FL 3 5137 U.S.A. s roject BUSH mjz a 0 m r 0 c MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: July 25, 2013 SUBJECT: AGENDA ITEM 8.0.3 - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 PURCHASE AWARD TO HALL MARK FIRE APPARATUS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) replacement Rescue Ambulance from Hall -Mark Fire Equipment in the amount of $278,009.00. BACKGROUND Replacement based on age, life cycle, and life -to -date maintenance cost. Hall -Mark Fire Equipment 2014 custom Horton Model 623 ALS Rescue Ambulance $278,009.00 FSA -Bid #11 -10 -1202 Spec. #2 Total $278,009.00 The replacement cost of this specialty apparatus is approved in this year's capital budget and the expense does not exceed Fleet's total approved vehicle replacement budget for FY 2013. FUNDING SOURCE 501- 3312 -591 -64.25 (Garage Fund/Machinery Equipment /Heavy Equipment). RECOMMENDATION Central Garage recommends the award of the ALS Rescue Ambulance to Hall -Mark Fire Equipment in the amount of $278,009.00. Mir ft 3431 NW 271h Avenue • Ocala, Florida 34475 U s Office: 352- 629 -6305 • Fax: 352- 629 -2018 Toll Free: 1- 800 -524 -6072 RESCUE TRANSPORT PROPOSAL Date: July 26, 2013 This Proposal has been prepared for: City of Delray Beach Fire Rescue 501 Atlantic Ave Delray Beach, FL 33444 We propose to furnish to you one (1) 2014 custom Horton model 623, Rescue Transport Vehicle on a 2014 International 440OLP chassis, to be custom built and equipped in accordance with the requirements of the City of Delray Beach Fire Rescue Department. The vehicle is to be purchased from Florida Sheriff's Association Bid # 11 -10 -1202, specification #02. Delivery will be F.O.B. Delray Beach, FL and will be made approximately 240 calendar days after receipt of the order at Hall -Mark Fire Apparatus in Ocala, FL. Terms of payment shall be cash on delivery (C.O.D.) unless the purchaser elects to make a prepayment. Pre - payment discounts are available. Pre - Payment on this unit is approximately $4,800.00, and is not included in price below. The current purchase price for the specified Rescue - Transport vehicle is $278,009.00. This proposal shall expire August 30, 2013 unless extended in writing. This proposal is deemed acceptable by the undersigned. In witness whereof, The Company and the Purchaser shall execute an agreement to this proposal with signatures from authorized representatives as of the date set forth by each. Base Price per Florida Sheriffs Association: $ 202,732.00 Options and upgrades per City Of Delray Beach: $ 83,277.00 Total price of Rescue Transport Vehicle: $ 286,009.00 Less trade in of 2004 International, (MedTec Ambulance): $ - 8,000.00 Company: By: _ lWad Pad Title: _Ambulance Sales Manager Date: July 26, 2013 Total Price: $278,009.00 Purchaser: By: Title: Date: Drawings submitted are for reference only. Pricing is based on enclosed written specifications. Quote # 11745, Revision 1. Horton" ARk RL A .EMERGENCY VEHICLES E V~C® W) VIA J r �; i FIRE RESCUE VEHICLES & OTHER FLEET E(?UIPMENT Participating Law Enforcement, Fire /Rescue &, Local Governmental Agencies of the State of Florida Coordinated By The Florida Fire Chiefs' Association, Florida Sheriffs Association & Florida Association of Counties 5. Fs A:. A".. FLORIDA ASSUGINFIO I O COUNTIES All About Florida FLORIDA SHERIFFS ASSOCIATION P. O. Box 1.2519 • Tallahassee, FL 32317-25.19 PHONE (850) 877 -2165 o FAX (850) 878 -8635 NVEB SITE: www.flsheriffs.org DATE: January 1, 2012 TO: ALL PROSPECTIVE PARTICIPANTS FROM: Steve Casey Lynn Meek Peggy Goff Executive Director Vehicle Bid Coordinator Vehicle Contract Manager RE: PARTICIPATING LAW ENFORCEMENT, FIRE /RESCUE & LOCAL GOVERNMENTAL AGENCIES OF THE STATE OF FLORIDA COOPERATIVE BID FOR FIRE /RESCUE VEHICLES & OTHER FLEET EQUIPMENT Bid No. 11 -10 -1202 We are pleased to announce that the Florida Fire Chiefs' Association, the Florida Sheriffs Association and the Florida Association of Counties has successfully conducted its tenth statewide competitive bid for fire & rescue vehicles. Bids will be extended and guaranteed to any and all units of local governments /political subdivisions including but not limited to county, local county board of public instruction, municipalities and other Ioeal public or public safety agencies or authorities within the State of Florida. hl addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may be made under the terms and conditions of this contract by governmental entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under- this contract. This contract is effective January 1, 2 012 thin December 31, 2012. All interested parties who wish to purchase from this contract may do so by following these simple procedures: ORDERING INSTRUCTIONS 1. Contact the awarded manufacturer /dealer (see page 29) Iisted which you wish to purchase and advise them of your interest to purchase from the Fire Rescue Vehicles & Other Fleet Equipment Bid No. 11 -10 -1202. They will assist you with the placement of your order and answer any questions you may have regarding the vehicles purchased through this program. IMPORTANT NOTE: All agencies ordering any FORD, GENERAL MOTORS, or CHRYSLER product, please be advised that you must use the appropriate FIN CODE /FAN CODE for the Florida Sheriffs Association in order to obtain the manufacturer's concessions. Also, you must Bid Award Announcement (1I -10 -1202) 10 MEMO DATE: TO: FROM: RE: October 30, 2012 FLORIDA SHERIFFS ASSOCIATION P. O. Box 12519 • Tallahassee, FL 32317 -2519 PHONE (850) 877 -2165 • FAX (850) 878 -8665 WEB SITE: www.flsheriffs.org PROSPECTIVE PURCHASING AGENCIES Peggy Goff Lynn Meek Vehicle Contract Manager Cooperative Bid Coordinator Extension of Bid 11 -10 -1202 Fire Rescue Vehicles & Other Fleet Equipment The Florida Sheriffs Association will extend Bid 11 -10 -1202 through December 31, 2013. All terms and conditions will remain the same with the exception of the date. The Florida Sheriffs Association has allowed an increase of three percent (3 %) on the base price of the vehicles and all options offered through Bid 11 -10- 1202, as allowed in Part B, item thirteen (13). Due to the increase in chassis prices, this increase will be effective immediately. Purchase orders should start at the base price for the vehicle being purchased and show the allowed increase. The end user should request documentation from the manufacturers in order to substantiate the increase. We appreciate your loyalty and continued support. MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: Louie Chapman, Jr., City Manager DATE: July 30, 2013 SUBJECT: AGENDA ITEM 8.0.4 - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 PURCHASE AWARD /CDW -G ITEM BEFORE COMMISSION The Police Department seeks Commission approval to enter into a Purchasing Agreement with CDW -G for the purchase of seven (7) business rugged laptops (with docking stations and wireless access) for use by the Command Staff for a total of $17,556.00. BACKGROUND These laptop computers will provide members of Police Command Staff with the ability to work outside of the Police Department in addition to inside the Agency (office) environment. The laptops will be outfitted to meet current Federal Bureau of Investigation (F.B.I.) Criminal Justice Information Systems (CJIS) security requirements, providing access to Department files and resources. This purchase will alleviate the need for members of staff to utilize both desktop and laptop computers to accomplish projects /assignments. The acquisition of Laptop computers with Docking Stations should prove to be a cost savings as Command Staff will utilize Laptop computers exclusively, allowing the existing desktop computers to be reassigned within the Police Department as needed. Pricing is provided through the Western States Contracting Alliance contract ( #B27172 250- WSCA -10- ACS) and the National IPA Tech Solutions contract ( #083052 -01) (as noted on the attached quote). FUNDING SOURCE Funding for this purchase is available in 001- 2115 - 521 - 64.11. RECOMMENDATION The Police Department recommends approval. Page 1 ` Right Technology. yf�f�AAay 49 SALES QUOTATION WWW.CDWG.00t11 SL70- 808.4239 M294847 5516432 7/31/2013 MARLO DAHL CITY OF DELRAY BEACH B100 NW 1ST AVE S 100 NW 1ST AVE L MANGT INFO SYSTEMS I MANGT INFO SYSTEMS L CITY OF DELRAY BEACH P MARLO DAHL DELRAY BEACH, FL 33444 -2612 DELRAY BEACH, FL 33444 -2698 T T O O Contact: MARLO DAHL 561- 243 -7865 Customer Phone # 5612437865 Customer P.O. # M294847 QUOTE ACCOUNT •D TERMS EXEMPTION MIKE ZORICA 866- 339 -3535 UPS Ground Request Terms 71 858012621559C4 DESCRIPTION QTY ITEM NUMBER • PRICE 7 2811348 BTO PAN TB 53 I5 -3320M 50OGB 4GB W7 1795.00 12565.00 Mfg #: PNB- CF- 53JCLAKlM Contract: FLORIDA PANASONIC WSCA B27172 250 - WSCA -10 -ACS 7 470719 PAN TOUGHBOOK WARRANTY PRO PLUS 3YR 214.00 1498.00 Mfg #: PAW- CF- SVCLTNF3Y Contract: FLORIDA PANASONIC WSCA B27172 250 - WSCA -10 -ACS 7 2401247 PAN PORT REPLICATOR W /HDMI F /CF -53 161.00 1127.00 Mfg #: PNB- CF- VEB531U Contract: FLORIDA PANASONIC WSCA B27172 250 - WSCA -10 -ACS 14 2971847 LG 24EN33VW -B 24" WIDE LED 145.00 2030.00 Mfg #: LGE- 24EN33VW -B Contract: NATIONAL IPA TECH SOLUTIONS 083052 -01 7 2154459 LOGI WRLS MK520 COMBO 43.00 301.00 Mfg #: LOG - 920 - 002553 Contract: NATIONAL IPA TECH SOLUTIONS 083052 -01 7 2825468 BELKIN 8FT VID HDMI CABLE 5.00 35.00 Mfg #: BEL- F8V3311B08 Contract: NATIONAL IPA TECH SOLUTIONS 083052 -01 SUBTOTAL 17556.00 Terms and Conditions: TOTAL http: / /www.cdwg.com/ content /terms- conditions /default.asp Continued CDW Government Please remit payment to: 230 North Milwaukee Ave. CDWGovernment Vernon Hills, IL 60061 75 Remittance Drive General Phone: 847 - 371 -5000 Fax: 847 - 419 -6200 Suite9595 Account Manager's Direct Fax: 312 - 705 -8218 Chicago, IL 60675 -9595 Page 2 Right Aw ���Irrrotog SALES QUOTATION W WW..CDW0.COrrk QUOTE NO. ACCOUNTNO. DATE SL70- 808.4239 M294847 5516432 7/31/2013 MARLO DAHL CITY OF DELRAY BEACH B100 NW 1ST AVE S 100 NW 1ST AVE L MANGT INFO SYSTEMS I MANGT INFO SYSTEMS L CITY OF DELRAY BEACH P MARLO DAHL T DELRAY BEACH, FL 33444 -2612 T DELRAY BEACH, FL 33444 -2698 0 0 Contact: MARLO DAHL 561- 243 -7865 Customer Phone # 5612437865 Customer P.O. # M294847 QUOTE ACCOUNT •D TERMS EXEMPTION MIKE ZORICA 866- 339 -3535 UPS Ground Request Terms 71 858012621559C4 DESCRIPTION QTY ITEM NUMBER • PRICE FREIGHT .00 SALES TAX .00 Terms and Conditions: TOTAL US Currency http: / /www.cdwg.com/ content /terms- conditions /default.asp 17,556.00 CDW Government Please remit payment to: 230 North Milwaukee Ave. CDWGovernment Vernon Hills, IL 60061 75 Remittance Drive General Phone: 847 - 371 -5000 Fax: 847 - 419 -6200 Suite9595 Account Manager's Direct Fax: 312 - 705 -8218 Chicago, IL 60675 -9595 Page 3 Total 17,556.00 FMV Lease Option 525.28 /Month Total 17,556.00 $BO Lease Option 577.94 /Month Monthly payment based on 36 month lease. Other terms and options are available. Contact you Account Manager for details. Payment quoted subject to change. ** Why finance? • Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. • Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company's business cycles. • Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. • Technology Refresh. Keep current technology with minimal financial impact or risk. Add -on or upgrade during the lease term. And choose to return or purchase the equipment at end of lease. • Bundle Costs. You can combine hardware, software, and services into a single transaction! Which means you can pay for your software licenses over time. We know your challenges and understand the need for flexibility. General Terms and Conditions: * *This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: July 31, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 CONDITIONAL USE REQUESTS /UPTOWN DELRAY ITEM BEFORE COMMISSION (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO THE OCTOBER 15, 2013 REGULAR MEETING) LAW OFFICES WEINER, LYNNE & THOMPSON, P.A. MICHAEL S. WEINER JEFFREY C. LYNNE LAURIE A. THOMPSON JUSTIN M. CLAUD L. DIANA HILEMAN July 25, 2013 Via Hand Delivery Ms. Chevelle Nubin City Clerk City of Delray Beach 100 NW 1" Avenue Delray Beach, Florida 33444 Re: Uptown Delray Our File No.: DBRM003 Dear Chevelle: PROFESSIONAL ASSOCIATION 10 SE I- AvENuE, SurrE C DELRAY BEACH, FLORIDA 33444 TELEPHONE (561) 265 - 2666 FACSIMILE (561) 272 - 6831 MNVEINER @ZONELAW. COM W W W.ZONELAW.COM CE �UEa JUL 252013 PLANNING & ZONING On behalf of our client, NCC Development, we are respectfully requesting an extension for the Uptown Delray Project from the currently scheduled August 6, 2013 City Commission Agenda to the October 15, 2013 City Commission Agenda. This is to give our client and the design team additional time as they are in the process of slighting revising the current plans to address concerns expressed by City Staff and City Commission. For example, the conditional use for height is being eliminated as the entire project is now being designed within the allowable 48' of the CDB. Our office has estimated the schedule below although the process may change by factors outside our control. August 30, 2013 . Submit revised plans to the City for review September 4, 2013 Distribute revised plans at the TAC meeting September 20, 2013 Receive revised TAC comments from the City October 2, 2013 Resubmit revised plans addressing TAC comments to the City October 15, 2013 City Commission meeting for Conditional Use Approval for Density (and any possible waivers) Ms. Chevelle Nubin City Clerk July 25, 2013 Page 2 Thank you in advance for your assistance in this matter. If you should have any questions, please contact me. Sincere , �4 1 Mich S. Weiner MSW: ek Cc: Mr. Paul Dorling, Director of Planning and Zoning Mr. Scott Pape, Senior Planner OADBRM00 Tetter to Chevetie Nubin City Clerk re time extension request. July 25 2013.docx MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 2, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 OPINION REGARDING THE ABILITY TO AMEND THE BEACH CABANA CONTRACTS ITEM BEFORE COMMISSION This item is before Commission to provide an opinion regarding the ability to amend the beach cabana contracts. BACKGROUND City Attorney Shutt has opined on the legal aspects of negotiating an additional fee for the beach cabana contract we currently have with Oceanside Beach Service. I will comment on the practicality and desirability of such an action. Attorney Shutt points out in his opinion that this is a franchise agreement. It is difficult to determine the value of the franchise absent some type of competitive process, usually a bid. Through bidding, an open, competitive and transparent environment, policy - makers are free to compare on an "apples to apples" basis what the value of the franchise is in the marketplace. The voter, taxpayer can be assured that the City has achieved the highest return it can in this transaction. How are we to say for certain if we just decide to negotiate a new franchise fee, whether it represents a fair return for the fair market value of the commodity? How can we say that a competitive bidding process would not have yielded a more substantial financial response? I think that although legal, a decision to re- negotiate the fee Oceanside Beach Service is paying us annually represents a divergence from the City's duty of fair play in its dealings. I would strongly recommend that we continue with the RFP process. The Commission should not vote to amend the current agreement in lieu of the RFP process. RECOMMENDATION It is recommended that we continue with the RFP process and not vote to amend the current agreement in lieu of the RFP process. 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: R. BRIAN SHUTT, CITY ATTORNEY DATE: AUGUST 2, 2013 SUBJECT: OPINION REGARDING THE ABILITY TO AMEND THE BEACH CABANA CONTRACT At the July 25, 2013 Commission meeting Commissioner Jacquet requested a legal opinion regarding the City's ability to amend the Beach Cabana contract that we currently have with Oceanside Beach Service. The City receives a franchise fee from Oceanside, it does not pay any money or provide services to Oceanside, therefore, pursuant to our purchasing code there is not a legal requirement that the contract be bid, which would also apply to any amendments to that contract, however, there are other legal ramifications that would apply to this situation. While Mr. Wiener has indicated that he may take legal action if the City exercises the 30 day out provision, I do not see where Mr. Wiener has a legal basis for a challenge, but, if the contract is amended, the City's legal position will change and that would create greater legal liability for the City. The franchise fee the City receives from Oceanside is a permissible bargained -for exchange. Franchise fees are generally upheld by the courts as valid fees so long as they are reasonably related to the government's cost of regulation or the rental value of the occupied land. See, Florida Power Corp. v. City of Winter Park, 887 So.2d 1237 at 1240 (Fla. 2004). In City of Plant City v. Mayo, 337 So.2d 966, 973 (Fla. 1976), the Court stated that, "unlike other governmental levies, the charges here [meaning franchise fees] are bargained for in exchange for specific property rights relinquished by the cities." Id. at 973. In Alachua County v. State, 737 So.2d 1065 (Fla. 1999), however, the Court determined that there was no nexus between its alleged "reasonable rental charge" and the rental value of the rights -of- way as the fee greatly exceeded the cost of regulation. Therefore, the Court held that the fee "did not represent a bargained -for agreement between Alachua County and any electric utility, but was unilaterally imposed upon the electric utilities by the County." Id. at 1068. Further, the Court in Alachua, stated that the County was not giving up any property rights in exchange for the fee as the utilities were already operating in the rights -of -way. As a result, the Court found that the fee was not a franchise fee, but rather an unlawful tax. Id. "A tax is a forced charge or imposition, it operates whether we like it or not and in no sense depends on the will or contract of the one on whom it is imposed." Id. While these cases generally address payment for usage of public rights of way I think they would also apply to the case at hand. The reasonable rental charge is determined through the bid process, if we negate that process we could have a legal issue as described above. Also, to my knowledge the City has always put this agreement out to bid and has never amended the agreement, during the term, to change the amount of the franchise fee. This is the policy that the City has followed for at least the past 20 years. By changing that policy, the City would be exposing itself to greater legal liability than currently exists, or would exist if the City went through the RFP process. The Commission, at its April 9, 2013 meeting directed staff, by consensus, to develop an RFP for the beach cabana contract. At the May 14, 2013 workshop meeting the Commission reviewed a draft of the RFP, proposed some final modifications to the RFP, and by consensus directed staff to put this RFP out for bid. At this point I would strongly recommend that we continue with the RFP process and not amend the current agreement. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED (GA), Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: July 30, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REOUEST/ 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. Although the applicant has indicated that the driveway for Lot I (the corner lot), will be located along NE 12th Street, a non - vehicular access line is being provided along portions of NE 2nd Avenue to ensure that any future driveway connection made to NE 2nd Avenue will be limited to a 24 foot wide area near the south end of the lot. Plat Analrsis: 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 finding 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) Minimum Required 7,500 Existing Lot 21 7,000 Existing Lot 20 7,000 Lot Width Lot Depth Lot Frontage Interior /Corner 60'/80' 100' 60'/80' 50' (corner lot) 140' 50' (corner lot) 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 Finding-s 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 Minor Subdivisions are not reviewed by the Planning and Zoning Board. 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 Public 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(K) (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(x) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. 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 August 6, 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 6th day of August, 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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B. 8, PG. 56) N89012'55 "E 95.00' J LL J U co 2 u) Lu w U z Q W U_ z _ cn w U) UJ uJ U nQ 100.00 U' LOT 1 (7,125 SQUARE FEET) N89 012'55 "E 95.00' LOT 2 (6,175 SQUARE FEET) 5.00' 5.0' GENERAL UTILITY EASEMENT 95.00' — IZ:� Ic? ti I I Z wI G Lu W �I J I J I Q I w Z o U I� ZD Ico L6 I SET N89012'55 "E 100.00' PRM LOT 22 LOT 23 BLOCK 5 BLOCK 5 (PER P.B.8, PG.56) (PER P.B.8, PG.56) I SET PRM C) w 0 N a O U) 0 Lq U OR (� m ,2 WW w 0- SET PRM LOT 24 BLOCK 5 (PER P.B.8, PG.56) / / (IMPROVED) -- 1257 00' - -� -- / - -- I /� w . ° v r.- O vv, CD / 100.00 U' LOT 1 (7,125 SQUARE FEET) N89 012'55 "E 95.00' LOT 2 (6,175 SQUARE FEET) 5.00' 5.0' GENERAL UTILITY EASEMENT 95.00' — IZ:� Ic? ti I I Z wI G Lu W �I J I J I Q I w Z o U I� ZD Ico L6 I SET N89012'55 "E 100.00' PRM LOT 22 LOT 23 BLOCK 5 BLOCK 5 (PER P.B.8, PG.56) (PER P.B.8, PG.56) I SET PRM C) w 0 N a O U) 0 Lq U OR (� m ,2 WW w 0- SET PRM LOT 24 BLOCK 5 (PER P.B.8, PG.56) 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. Not applicable X Meets intent of standard Does not meet intent E MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 30, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 CONDITIONAL USE REQUEST /SOUTHGATE MOTEL ITEM BEFORE COMMISSION The item before the City Commission is consideration of a conditional use request associated with demolition of the existing one - story, ten (10) room motel and construction of a new two - story, twenty - eight (28) room motel with a swimming pool, bath house and associated landscaping and parking lot upgrades located at 1600 North Federal Highway. BACKGROUND The subject property contains 0.67 acres and lies 500' north of NE 14th Street, between N. Old Dixie Hwy. & N. Federal Hwy. (US I). The proposed conditional use request is to demolish the existing ten (10) room 3,937 sq. ft. motel and construct a new twenty -eight (28) room 11,795 sq. ft. motel. The motel will operate twenty -four (24) hours a day and will have an on -site manager's office and manager residence. All rooms will offer daily rental rates for the general public ranging from $49.99 to $99.99 per night. There will be a total of two (2) employees for the proposed twenty -eight (28) rooms. On -site amenities offered for motel guests include a swimming pool, outdoor grill and continental breakfast facilities. REVIEW BY OTHERS The Community Redevelopment Association (CRA) considered the development proposal at their meeting of June 27, 2013 and unanimously recommended approval. On July 15, 2013, the Planning and Zoning Board made a recommendation to the City Commission to approve the conditional use request by a vote of 4 to 0. RECOMMENDATION Approve the conditional use request for the Southgate Motel, based upon positive findings with respect to Section 2.4.5(E)(5)(Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions 1 -11 identified in the attached Planning & Zoning Board report. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: July 15, 2013 ITEM: Southgate Motel — Conditional Use request associated with demolition of the existing one - story, ten (10) room motel and construction of a new two - story, twenty -eight (28) room motel with a swimming pool, bath house and associated landscaping and parking lot upgrades located at 1600 North Federal Highway. GENERAL DATA: Applicant /Owner........ Agent.......................... Location ........................ Property Size .............. Onu Hoque Currie Sowards Aguila Architects 500' north of NE 14th Street, between N. Old Dixie Hwy. & N. Federal Hwy. (US1) 0.67 acres Future Land Use Map.... GC (General Commercial) Current Zoning ............... GC (General Commercial) Adjacent Zoning.... North GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial) West: R-1 -A (Single Family Residential) Existing Land Use.......... 10 -room motel Proposed Land Use....... 28 -room motel Water Service ................ Existing via an 8" line located within the Old Dixie Highway right -of -way Sewer Service ................ Existing via a lift station located in the rear of the property along Old Dixie Highway r tv� i=ii l 3 ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to rebuild an existing motel in the GC (General Commercial) zone district known as Southgate Motel, pursuant to LDR Section 2.4.5(E). The subject property is located approximately 500 feet north of NE 14th Street, between North Federal Highway and Old Dixie Highway at 1600 North Federal Highway. BACKGROUND The subject property contains 0.67 acres, lies west of US Highway 1, and is situated on Lots 36, 1, 2 & 3 of the north half of Tract 1 within the Harry Seemiller subdivision as recorded in Plat Book 9, Page 72 of the Palm Beach County Official Records Book. The Southgate Motel development proposal is to demolish the existing ten (10) room 3,937 sq. ft. motel and construct a new twenty -eight (28) room 11,795 sq. ft. motel. The motel will operate twenty -four (24) hours a day and will have an on -site manager's office and manager residence. All rooms will offer daily rental rates for the general public ranging from $49.99 to $99.99 per night. There will be a total of two (2) employees for the proposed twenty -eight (28) rooms. On -site amenities offered for motel guests include a swimming pool, outdoor grill and continental breakfast facilities. Now before the Board for consideration is a conditional use request to demolish and reconstruct the motel with associated new on -site amenities, parking spaces and landscaping. The development proposal consists of the following: • demolition of the existing one -story ten (10) room motel; • construction of a new two -story motel with twenty -eight (28) rooms; • construction of a gated entry feature off of US1 (North Federal Highway); • construction of one (1) two -story on -site manager's residence above the check -in lobby; • construction of a twenty -four (24) space parking lot; • provision of an entry /lobby area for check -in; • provision of an on -site swimming pool and bath house; • provision of an on -site outdoor grill area; • provision of an on -site breakfast/dining area; • provision of brick paver walkways and sidewalks; • associated on -site landscaping upgrades. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). Planning and Zoning Board Staff Report of July 15, 2013 Conditional Use Request for Southgate Motel Page 2 The subject property has a FLUM (Future Land Use Map) designation of GC (General Commercial) and a zoning designation of GC (General Commercial). The GC zoning district is consistent with the GC Future Land Use Map designation and "Hotel and Motels" are listed as a Conditional Use in the GC zoning district [LDR Section 4.4.9 (D)(9)]. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "B ", a positive finding of Concurrency can be made as it relates to water and sewer, drainage, parks and recreation, open space, solid waste, and schools. The City is pending receipt of written confirmation from the Palm Beach County Traffic Division that the development proposal meets traffic performance standards. 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 -1: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The vacant parcel to the west of the existing Southgate Motel is to be utilized for the expansion. No unusual physical conditions exist that would prevent development of the property. The conditional use request to allow expansion of the existing motel is not inconsistent with the LDRs. The subject property is to be developed in a manner that would be complementary to the adjacent land uses. Positive findings with Future Land Use Element Objective A -1 can be made, if the site is developed as a motel. There are concerns that the operation not function as long -term stay rentals versus a motel. It is noted that long -term stay rentals similar to residential -type inns are not allowed within the GC zoning district. Further, minimum unit sizes would not be met and density maximums would be exceeded if these were long term rental units. Conditions have been recommended that would limit this possibility including restrictions on full size appliances and the electrical service needed to accommodate them. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. The accompanying sketch plan is not compliant with the City's Land Development Regulations and the deficiencies are identified in Appendix "A ". These conditions need to be accommodated with submission of a site development plan for consideration by the Site Plan Review and Appearance Board (SPRAB). Therefore, required findings with respect to LDR Section 3. 1.1 (LDR Compliance) can be made, subject to provision and approval of the site plan meeting these conditions. SECTION 2.4.5(E)(5) 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: Planning and Zoning Board Staff Report of July 15, 2013 Conditional Use Request for Southgate Motel Page 3 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 indicates the zoning and land use of the adjacent properties: Immediately to the north (Goodwill) and south (Shopping Center) are commercial uses. To the east of the subject property is US1 right -of -way and a commercial use (Dry Cleaner) is across the street. To the west is FEC railroad right -of -way and single family homes across the tracks. The existing Southgate Motel site has one of the police department's highest rates of calls of service for primarily narcotics related crimes. In the past, there has been some concern that the site may be utilized for rehabilitation facilities or a halfway house which continues to be a concern for neighborhood residents. Conditions to discourage utilization of any new units for any use other than motel are proposed. This is of particular importance as with the expansion of the site to the vacant property to the west will situate it immediately adjacent to residential developments. The site will be partially buffered from residential properties to the west by the FEC railroad right -of -way and Old Dixie Highway. Commercial properties to the east are buffered by the North Federal Highway (US1) right -of -way. However, commercial uses immediately abut the property to the north and south. Rear access via two (2) new accessways will connect the new Southgate Motel to Old Dixie Highway. It is noted that plans reflect a 5' limited access easement along Dixie Highway which will have to be abandoned before any access can be constructed. This is attached as a condition of approval. Pending recordation of the abandonment of the limited access easement area, the proposed improvements could be implemented. Based on the above conditions, the proposed use will not have an adverse impact on the surrounding area and will not hinder development or redevelopment of nearby properties, if the conditions of approval previously noted (i.e. recordation of abandonment of limited access easement, relocation of on -site parking inside parcel boundary after right -of -way dedication and provision of a trash enclosure) are addressed. LDR Section 4.6.8 — Lighting Requirements Pursuant to LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12.0 foot candles and a minimum of 1.0 foot candle. A photometric plan was not provided for consideration. Upon conditional use approval, the site plan will be required to demonstrate compliance prior to site plan certification. This is attached as a condition of approval. LDR Section 4.6.9 — Parking Requirement Per LDR Section 4.6.9(C)(7)(e), hotels and motels shall provide 0.7 spaces per motel room and ten (10) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges. The applicant has calculated 0.7 spaces for each of the twenty -eight (28) motel rooms for twenty (20) spaces, then two (2) spaces for the 157 sq. ft. breakfast dining area for motel guests at 10 spaces per 1,000 sq. ft. The on- site manager's residence qualifies as a single family detached residence per LDR Section 4.6.9(C)(2)(a) and requires two (2) parking spaces. Thus, the total parking requirement is twenty -four (24) spaces and twenty -four (24) spaces are provided, therefore this standard is met. Ad `acent Zoning Adjacent Land Use North General Commercial (GC) Commercial South General Commercial (GC) Commercial East General Commercial (GC) Commercial West R-1 -A (Single Family Residential) Single Family Homes & FEC RR r.o.w. Immediately to the north (Goodwill) and south (Shopping Center) are commercial uses. To the east of the subject property is US1 right -of -way and a commercial use (Dry Cleaner) is across the street. To the west is FEC railroad right -of -way and single family homes across the tracks. The existing Southgate Motel site has one of the police department's highest rates of calls of service for primarily narcotics related crimes. In the past, there has been some concern that the site may be utilized for rehabilitation facilities or a halfway house which continues to be a concern for neighborhood residents. Conditions to discourage utilization of any new units for any use other than motel are proposed. This is of particular importance as with the expansion of the site to the vacant property to the west will situate it immediately adjacent to residential developments. The site will be partially buffered from residential properties to the west by the FEC railroad right -of -way and Old Dixie Highway. Commercial properties to the east are buffered by the North Federal Highway (US1) right -of -way. However, commercial uses immediately abut the property to the north and south. Rear access via two (2) new accessways will connect the new Southgate Motel to Old Dixie Highway. It is noted that plans reflect a 5' limited access easement along Dixie Highway which will have to be abandoned before any access can be constructed. This is attached as a condition of approval. Pending recordation of the abandonment of the limited access easement area, the proposed improvements could be implemented. Based on the above conditions, the proposed use will not have an adverse impact on the surrounding area and will not hinder development or redevelopment of nearby properties, if the conditions of approval previously noted (i.e. recordation of abandonment of limited access easement, relocation of on -site parking inside parcel boundary after right -of -way dedication and provision of a trash enclosure) are addressed. LDR Section 4.6.8 — Lighting Requirements Pursuant to LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12.0 foot candles and a minimum of 1.0 foot candle. A photometric plan was not provided for consideration. Upon conditional use approval, the site plan will be required to demonstrate compliance prior to site plan certification. This is attached as a condition of approval. LDR Section 4.6.9 — Parking Requirement Per LDR Section 4.6.9(C)(7)(e), hotels and motels shall provide 0.7 spaces per motel room and ten (10) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges. The applicant has calculated 0.7 spaces for each of the twenty -eight (28) motel rooms for twenty (20) spaces, then two (2) spaces for the 157 sq. ft. breakfast dining area for motel guests at 10 spaces per 1,000 sq. ft. The on- site manager's residence qualifies as a single family detached residence per LDR Section 4.6.9(C)(2)(a) and requires two (2) parking spaces. Thus, the total parking requirement is twenty -four (24) spaces and twenty -four (24) spaces are provided, therefore this standard is met. Planning and Zoning Board Staff Report of July 15, 2013 Conditional Use Request for Southgate Motel Page 4 Compact Parking Pursuant to LDR Section 4.6.9(C)(1)(g), up to a maximum of 30% of the required parking for any use may be designated as compact spaces. The required parking is 24 spaces, so a maximum of seven (7) compact spaces are allowed. Seven (7) compact spaces are proposed which is in compliance. Angled Parking Per LDR Section 4.6.9(D)(4)(e)(Parking Lots Detail RT 4.1), the minimum one -way drive aisle width for angled parking spaces measuring forty -five (45) degrees is fifteen feet (16). It is presumed that the angled parking spaces measure forty -five (45) degrees, since the proposed adjacent drive aisle measures fifteen feet (15). However, for clarity, the proposed angle of the parking spaces shall be specified on the site plan and an angled parking space detail shall be provided. This is attached as a condition of approval. LDR Section 5.3.1(D) - Right -of -Way Requirements: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T -1 of the Comprehensive Plan Transportation Element, the following table describes the required rights -of -way and the existing rights -of -way adjacent to the subject property: Item Considered Sidewalk Sidewalk Sidewalk Right -0f- Right -0f- Right -Of- Width Width Width Way Way Way -Existing- -Required- -Proposed- - Existin - -Required- -Pro' osed- Old Dixie Highway None 5' 5' deferral 30' 80' 50' 20' ded. North Federal Highway 4' 5' (new) FDOT req. 100' 120' FDOT re q. Old Dixie Highway: On January 24, 2013, the DSMG (Development Services Management Group) recommended to the City Commission that twenty feet (20') of right -of -way be dedicated along the east side of the road which is equivalent to the existing 20' lift station easement. Thus, the setbacks have been measured from the resulting new property line. However, the plans do not reflect that the property boundary has been relocated twenty feet (20') to the east and this is attached as a condition of approval. North Federal Highway: The required right -of -way for North Federal Highway is one hundred twenty feet (120'). The existing right -of -way is fifty feet (50') feet from the centerline of the right -of -way on either side of the road. Thus, one hundred feet (100') of right -of -way exists, requiring an additional ten feet (10') on either side of the road for a total of sixty feet (60') of right -of -way from the centerline. The DSMG has recommended that the applicant contact FDOT to access the need for right -of -way dedication. Official correspondence from FDOT is required and this is attached as a condition of approval. LDR Section 6.1.3(6) - Sidewalk Requirements: Pursuant to LDR Section 6.1.3(B), a sidewalk is required for all City roadways. Old Dixie Highway: On January 24, 2013, the DSMG (Development Services Management Group) supported a five foot (5) sidewalk deferral. A sidewalk deferral agreement has been submitted and requires approval by the City Commission. This is attached as a condition of approval. North Federal Highway: A four foot (4') sidewalk exists, whereas a five foot (5') sidewalk is required. On January 24, 2013, the DSMG has recommended that the applicant contact FDOT to access the need for right -of -way dedication or construction of the five foot (5') sidewalk. Official correspondence from FDOT is required and this is attached as a condition of approval. Planning and Zoning Board Staff Report of July 15, 2013 Conditional Use Request for Southgate Motel Page 5 C RA: The Community Redevelopment Association (CRA) considered the development proposal at their meeting of February 14, 2013 and rendered a recommendation of approval. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations or civil organizations which have requested notice of developments in their areas: ❑ Delray Citizen's Coalition ❑ Neighborhood Advisory Council ❑ Tropic Palms ❑ Kokomo Key ❑ La Hacienda ❑ Martell Arms ❑ Estuary Public Notices: Formal public notice has been provided to property owners located within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use request is to allow demolition of the existing ten (10) room 3,937 sq. ft. motel and construction of a new twenty -eight (28) room 11,795 sq. ft. motel with a manager's residence, swimming pool, outdoor grill area and associated new landscaping and parking lot upgrades. The proposed design layout is consistent with the Land Development Regulations with respect to open space, setbacks and minimum room size (325 sq. ft.). Physical limitations which may hinder development of this site or nearby properties include the existence of a 5' limited access agreement, 20' lift station easement, and accommodation of all on -site parking and dead end turn around areas within the parcel boundaries after right -of -way dedication. With the addressing of proposed conditions (Appendix A), the current proposal will meet required findings with respect to LDR Section 3.1.1. (LDR Compliance). In addition, this use will meet required findings of LDR Section 2.4.5(E)(5) as it relates to stability of the neighborhood and potential to not hinder development of nearby properties, provided these conditions are met. All units must be available to the general public and occupied on a short term basis. Prior to site plan approval, plans shall be modified to demonstrate compliance. ALTERNATIVE ACTIONS' A. Continue with direction. B. Recommend approval of the request for a conditional use for the Southgate Motel, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5)(Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the conditions identified in the attached "Appendix A ". C. Recommend denial of the request for a conditional use for Southgate Motel based upon a failure to make positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) Planning and Zoning Board Staff Report of July 15, 2013 Conditional Use Request for Southgate Motel Page 6 (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan. Recommend approval of the request for a conditional use for the Southgate Motel, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5)(Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the conditions identified in the attached "Appendix A ". Attachments: • Proposed Project Plans • Appendix A - Recommended Conditions Of Approval • Appendix 8 - Concurrency Findings Planning and Zoning Board Staff Report of July 15, 2013 Conditional Use Request for Southgate Motel Page 7 APPENDIX "A" STAFF RECOMMENDED CONDITIONS OF APPROVAL Prior to building permit issuance, a Class V Site Plan Modification application shall be submitted and approved by the Site Plan Review and Appearance Board (SPRAB) with all conditions met and certified plans approved by the Planning & Zoning Director. 2. Since the one -way drive aisle adjacent to the angled parking spaces is 15' it is presumed that the angled parking spaces measure 45 degrees. The proposed angle of the parking spaces shall be specified on the site plan and an angled parking space detail shall be provided. [See LDR Section 4.6.9(D)(4)(e)(Parking Lots Detail RT 4.1) Page 4.6 -46.] 3. The abandoned 5' Limited Access Easement (ORB 5571, PG 761) shall be recorded with Palm Beach County. The survey and site plan shall be modified to reflect its removal. This shall be a condition of approval. 4. Provide confirmation from FDOT that no additional right -of -way is required along North Federal Highway. 5. Provide confirmation from FDOT that no new sidewalk or expansion is required along North Federal Highway. 6. Provide confirmation from the Palm Beach County Traffic Division that the development proposal meets streets and traffic standards. 7. All plans shall reflect the twenty foot (20') right -of -way dedication along Old Dixie Highway and graphically depict the new rear (west) property line location AFTER right -of -way dedication. 8. All on -site parking and required dead end turnaround areas shall be located entirely within the parcel boundaries after dedication of the twenty feet (20') along Old Dixie Highway. Modify proposed plans to comply. 9. Pursuant to LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12.0 foot candles and a minimum of 1.0 foot candle. A photometric plan was not provided for consideration. Upon conditional use approval, the site plan will be required to demonstrate compliance prior to site plan certification. 10. Along Old Dixie Highway, the DSMG (Development Services Management Group) has recommended to the City Commission that a five foot (6) sidewalk deferral agreement be processed and approved prior to building permit issuance. 11. Pursuant to the definition of motel, no provisions for cooking can be provided. It is noted that the proposal would not meet several LDR requirements related to permanent housing including unit size or density. To assure compliance, no 220 volt circuit electrical outlets (with the exception of A/C units) will be provided within the individual motel rooms that could be utilized to accommodate full -size appliances. Planning and Zoning Board Staff Report of July 15, 2013 Conditional Use Request for Southgate Motel Page 8 APPENDIX `B" CONCURRENCY FINDINGS 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 services are available via an existing 8" line located within the Old Dixie Highway right -of -way. ❑ Sewer services are available via an existing lift station located in the rear of the property along Old Dixie Highway. Pursuant to the City's 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 through 2047. Streets and Traffic: A traffic impact statement has been prepared for the development proposal. Based upon the ITE trip generation rates (8th Edition), the proposed Southgate Motel development will generate 217 daily trips with 16 am peak hour trips and 17 pm peak hour trips. This is an additional 129 daily trips, 10 am peak hour trips and 10 pm peak hour trips when compared to the trip generation for the existing site. The Palm Beach County Traffic Division has not yet provided a traffic concurrency determination letter for the proposed development which is required to indicate that the proposed motel meets the Traffic Performance Standards of Palm Beach County. No issues with compliance are anticipated. However, this is attached as a condition of approval. Solid Waste: The existing 3,937 sq. ft., 10 —room motel generates 9.25 tons of solid waste per year. The proposed 11,795 sq. ft., 28 -room motel will generate 27.71 tons of solid waste per year. This results in an increase of 18.46 tons of solid waste per year. The solid waste that will be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047. Parks and Recreation Facilities: Park land dedication requirements do not apply. The development will however be assessed park impact fees at a cost of $500 per room for a total of $14,000 for twenty -eight (28) new rooms. Schools: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: There are no problems anticipated with retaining drainage on site and there should be no impact on drainage as it relates to this level of service standard. 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Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: Pursuant to LDR Section 4.4.9(D)(9), hotels and motels are listed as allowable conditional uses. 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 subject to the attached conditions? Yes 10re.. 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 subject to the conditions of approval attached hereto in Exhibit "A ". The City Commission hereby adopts this Order this 6th day of August 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Cary D. Glickstein, Mayor EXHIBIT "A" CONDITIONS OF APPROVAL FOR SOUTHGATE MOTEL 1. Prior to building permit issuance, a Class V Site Plan Modification application shall be submitted and approved by the Site Plan Review and Appearance Board (SPRAB) with all conditions met and certified plans approved by the Planning & Zoning Director. 2. Since the one -way drive aisle adjacent to the angled parking spaces is 15' it is presumed that the angled parking spaces measure 45 degrees. The proposed angle of the parking spaces shall be specified on the site plan and an angled parking space detail shall be provided. [See LDR Section 4.6.9(D)(4)(e)(Parking Lots Detail RT 4.1) Page 4.6 -46.] 3. The abandoned 5' Limited Access Easement (ORB 5571, PG 761) shall be recorded with Palm Beach County. The survey and site plan shall be modified to reflect its removal. This shall be a condition of approval. 4. Provide confirmation from FDOT that no additional right -of -way is required along North Federal Highway. 5. Provide confirmation from FDOT that no new sidewalk or expansion is required along North Federal Highway. 6. Provide confirmation from the Palm Beach County Traffic Division that the development proposal meets streets and traffic standards. 7. All plans shall reflect the twenty foot (20') right -of -way dedication along Old Dixie Highway and graphically depict the new rear (west) property line location AFTER right -of -way dedication. 8. All on -site parking and required dead end turnaround areas shall be located entirely within the parcel boundaries after dedication of the twenty feet (20') along Old Dixie Highway. Modify proposed plans to comply. 9. Pursuant to LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12.0 foot candles and a minimum of 1.0 foot candle. A photometric plan was not provided for consideration. Upon conditional use approval, the site plan will be required to demonstrate compliance prior to site plan certification. 10. Along Old Dixie Highway, the DSMG (Development Services Management Group) has recommended to the City Commission that a five foot (5) 3 sidewalk deferral agreement be processed and approved prior to building permit issuance. 11. Pursuant to the definition of motel, no provisions for cooking can be provided. It is noted that the proposal would not meet several LDR requirements related to permanent housing including unit size or density. To assure compliance, no 220 volt circuit electrical outlets (with the exception of A/C units) will be provided within the individual motel rooms that could be utilized to accommodate full -size appliances. 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: July 31, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 WAIVER REQUEST/ CHASE BANK ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from LDR Section 4.412(F) (2) which requires that free - standing structures be a minimum of 6,000 square feet associated with a Class V site plan for the Chase Bank project. BACKGROUND At its meeting of July 24, 2013, the SPRAB (Site Plan Review and Appearance Board) approved the Class V site plan, landscape plan, and architectural elevations for the construction of a bank. The property is located on an outparcel of the Harbor Plaza at the northeast corner of Federal Highway and Linton Boulevard. The SPRAB considered the waiver and recommended approval. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum Floor Area: Per LDR Section LDR Section 4.4.12(F)(2), a free standing structure shall have a minimum floor area of 6,000 square feet in the PC zoning district and the proposed bank is 3,550 square feet. The applicant has submitted a waiver request for the minimum floor area standard. The following is a verbatim excerpt from the applicant's narrative in support of the waiver: "The request to reduce the minimum allowable building square footage will not adversely affect the neighboring area. Based on Chase Bank's extensive experience within the local market and Florida in general, the proposed 3,550 SF building is the optimal size building to serve the general public at this location without adversely affecting the surrounding area. Another Chase Bank of similar size was approved in the City for this waiver. The public and Chase customers can identify with this size of bank that is consistent with existing branches in the area. The granting of the request for reduction in the minimal allowable building square footage will not coincide with a reduction in public facilities. The proposed development will include the construction of a sidewalk connection from the proposed building to the existing sidewalk along Linton Blvd, which will help promote the use of the existing public facilities around the Harbor Plaza shopping center. In addition, the proposed bank in of itself will provide a benefit to the general public by improving a blighted corner. Furthermore, the site is designed to provide fluid connectivity to the existing shopping center. The reduction in minimum allowable building square footage will not create an unsafe condition for the general public. The proposed building size and resulting site layout will provide safe and efficient traffic and pedestrian circulation around the site and through the existing shopping center. In addition, the requested waiver is necessary for the proposed improvement that will include the removal of existing curb cuts. The demolition of these curb cuts will increase public safety by limiting access points to the shopping center and removing points of conflict in close proximity to the intersection of Federal Boulevard and Linton Road. The requested waiver will not result in a special privilege granted to the applicant that could not be also granted to another applicant in a similar situation. Due to the size and configuration of the subject parcel, along with restrictions placed on the subject parcel by binding legal documents from the landlord and the anchor tenant, the minimum building square footage could not be provided without resulting in a loss to the required parking, building setbacks and/or landscape buffers. This particular situation is common among older shopping centers with outparcels that are being developed. In addition, another Chase Bank of similar size was granted this waiver in the City limits." Waiver Analysis: The intent of the PC zoning district is for commercial development on larger sites such as malls or shopping centers. Consequently, it was envisioned that these larger commercial developments would have larger outparcels /outbuildings and that smaller buildings be prevented. However, the subject shopping center was developed at a time before this requirement and, therefore, did not provide for sufficient area on the outparcel to construct a larger building. If the 6,000 square foot standard were applied, it would be problematic given the small size of the outparcel (21,847 square feet) and unique lot configuration. Thus, the justification for granting relief to the subject development is reasonable given the unique circumstances associated with this property and will allow adaptive reuse of the site. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION Approve the waiver to LDR Section 4.4.12(F)(2), which requires a minimum floor area of 6,000 square feet (3,550 square feet proposed) for any free standing structure based on positive findings with LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE CHASE BANK ON THE NORTHEAST CORNER OF FEDERAL HIGHWAY AND LINTON BLVD 1. This waiver request came before the City Commission on August 6, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Chase Bank at the northeast corner of Federal Highway and Linton Boulevard. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.12(F)(2) Pursuant to LDR Section 4.4.12(F)(2), any free - standing structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it were to be situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18. The applicant is asking for a waiver to allow a free - standing building to have a minimum floor area of less than 6,000 square feet. Should the waiver to Section 4.4.12(F)(2) be granted? 1 ► C7 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of August 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor 3 O a = S.E. 12TH RD, NG AVENUE CENTRAL AVE. P Z FO ROAD ti COLLINS AVENUE 41. te W � X � ci 4i 4 BANYAN TREE LANE L I N T 0 N B O U L E V A R D fcMLEARY ST. 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ITEM: Chase Bank— Class V Site Plan, Landscape Plan, and Architectural Elevations Associated with the Construction of a 3,550 Square Foot Building. GENERAL DATA: Owner ....... ............................... Fairway Harbor, LLC Applicant .............................. JP Morgan Chase Agent ........... ............................... Craig Carden Core States Group Location .... ............................... Site Area .............................. The northeast corner of Linton Boulevard and Federal Highway (1755 South Federal Highway) 5.73 Acres (outparcel 29,847; 0.5 acres) Future Land Use Map ............... GC (General Commercial) Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning ................North: RM (Medium Density Residential) East: RM South: SAD (Special Activities District) West: PC Existing Land Use ...................... Shopping Center Proposed Land Use... ................. Construction of a 3,550 square foot building Water Service ............................. Existing on site. Sewer Service.. ..... ..................... Existing on site. V.B. The action before the Board iS approval of a Class Vsite plan request for Chase Bank pursuant toLDR Section 2.4,5(F). The request involves the following elements: [] Site F'|@D� . 0 Architectural Elevations; 71 Landscape Plan; and 0 Waivers. The proposed bank is located at the northeast corner ufLinton Boulevard and Federal Highway [1755 South Federal Highway]. The property consists of Tract A of the Old Harbor Plaza P\ed No. 2 subdivision and consists of 5.73 aoneo, and the subject out-parcel measures 21,847 square feet or 0.5 acres. At its meeting of March 26. 1978. the City Commission approved the rezoning of the property from p{K8- 15 (multiple family) t0 GAD (Special Activities District). The rezoning included the site plan approval for the existing 45.834 square foot commercial plaza. At its meeting of September 24. 1885. the City Commission approved m Futuna Land Use Map amendment from MF-15 (0U|bp|e hanoi|y) to Connnnennia| and a Rezoning from S/\O to LC (Limited Commercial) for the subject property. At its meeting of September 25. 1990. the City ConnnnioeioO approved the rezoning of the property from LC to P{} (Planned Commercial). At its meeting of June 13' 2012' the SPRAB approved o Class |V site plan modification for the shopping center that consisted of the demolition of a portion of the shopping center and construction of a 33.740 square foot building addition for grocery store. The construction of this building addition has begun. At its meeting of July 11, 3013, Board of Adjustment granted a variance toLOR Section 4.3.4(11)(6)(b)(11) and LDR Section 4.3.4(H)/6\(b)(4\. which requires m special landscape setback of25 feet along Federal Highway (1O.53 proposed) and 30feet along Linton Boulevard (1O.5O feet propoaed). The property formerly contained mgas station, which has been demolished. An application has been submitted to construct a new building, and is now before the Board for action. The development proposal incorporates the following: [J Construction ofu3.55O square foot bank. U Reconfiguration of the parking area and installation oflandscaping. [] Installation of bicycle rack. SPRAB Staff Report — July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 2 ❑ Construction of two drive through lanes. The development proposal includes a waiver to the following section of the Land Development Regulations: LDR Section 4.4.12(F)(2), which requires a minimum floor area of 6,000 square feet for any free standing structure. E 1 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.3.4 (K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) and Section 4.4.12 as it pertains to the development standards within PC district: The development proposal includes some modifications to the parking area outside of the outparcei. These modifications include the reduction of the shopping center open space non- conformity from 15.7% to 15.92 %. ** A waiver request has been submitted from this requirement and will be discussed later in this report. Parking Requirements: Per LDR Section 4.6.9(C)(4)(a), parking for business and professional offices is 4 spaces per 1,000 square feet of net floor area up to 3,000 square feet and then 3.5 spaces per 1,000 square feet of net floor area over the initial 3,000 square feet. Based on this the proposed 3,550 square foot bank is required to provide a minimum of 14 parking spaces. The proposed development complies with the City's parking requirement since 16 parking spaces are provided. It is noted that the site plan incorrectly calculates the required parking as 15 spaces by not taking advantage of the reduced parking for buildings over 3,000 square feet. Thus, a condition of approval is attached that the site plan be revised to correctly note the required parking for the bank. 25% 35.28 %* IVilirmuf_�rcfiirei .._, 6,000 square feet 3,550 square feet ** Igg0of 10,000 sq. ft. 21,847 square feet �i rl�r� Sac 1 Front 10' 13.32' (Fed. Hwy.) Side Street 10' 40.07' (Linton Blvd. Rear 10' 74.39' MWM (West 48' 24' The development proposal includes some modifications to the parking area outside of the outparcei. These modifications include the reduction of the shopping center open space non- conformity from 15.7% to 15.92 %. ** A waiver request has been submitted from this requirement and will be discussed later in this report. Parking Requirements: Per LDR Section 4.6.9(C)(4)(a), parking for business and professional offices is 4 spaces per 1,000 square feet of net floor area up to 3,000 square feet and then 3.5 spaces per 1,000 square feet of net floor area over the initial 3,000 square feet. Based on this the proposed 3,550 square foot bank is required to provide a minimum of 14 parking spaces. The proposed development complies with the City's parking requirement since 16 parking spaces are provided. It is noted that the site plan incorrectly calculates the required parking as 15 spaces by not taking advantage of the reduced parking for buildings over 3,000 square feet. Thus, a condition of approval is attached that the site plan be revised to correctly note the required parking for the bank. SPRAB Staff Report —July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 3 Special Landscape Setback: Per LDR Section 4.3.4(H)(6)(b)(1), the required special landscape setback along Federal Highway is 25 feet and 10.53 feet is proposed. Further, per LDR Section 4.3.4(H)(6)(b)(4), a special landscape setback of 30 feet is required along Linton Bouievard and 10.50 feet is proposed. As noted in the background section of this staff report the Board of Adjustment approved a variance to reduce the special landscape setback to the existing depths in order to allow the redevelopment of the subject property. If the special landscape setbacks were applied, it would severely limit the development potential of the outparcel. Lighting: Per LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12 foot candles and a minimum of 1 foot candle. Also, the required illumination level for building entrances is 10 foot candles maximum and a minimum of 1 foot candle. Finally, the illumination levels underneath the drive - through canopy are a maximum of 30 foot candles and a minimum of 3 foot candles. The photometric demonstrates compliance with the City's illumination requirements. Crime Prevention Through Environmental Design (OPTED): The development contains good sight visibility throughout and especially between the bank and the drive through facility. The property will be well lit during the evening which will enhance safety during off hours. The vegetation species are low growing at the building entrances and drive through lanes, which eliminates ambush points. In summary, the proposed development includes sound CPTED techniques to deter criminal behavior. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum Floor Area: Per LDR Section LDR Section 4.4.12(F)(2), a free standing structure shall have a minimum floor area of 6,000 square feet in the PC zoning district and the proposed bank is 3,550 square feet. The applicant has submitted a waiver request for the minimum floor area standard. Waiver Analysis: The applicant submitted the following verbatim narrative in support of the request: "The request to reduce the minimum allowable building square footage will not adversely affect the neighboring area. Based on Chase Bank's extensive experience within the local market and Florida in general, the proposed 3,550 SF building is the optimal size building to serve the general public at this location without adversely affecting the surrounding area. Another Chase Bank of similar size was SPRAB Staff Report — July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 4 approved in the City for this waiver. The public and Chase customers can identify with this size of bank that is consistent with existing branches in the area. The granting of the request for reduction in the minimal allowable building square footage will not coincide with a reduction in public facilities. The proposed development will include the construction of a sidewalk connection from the proposed building to the existing sidewalk along Linton Blvd, which will help promote the use of the existing public facilities around the Harbor Plaza shopping center. In addition, the proposed bank in of itself will provide a benefit to the general public by improving a blighted corner. Furthermore, the site is designed to provide fluid connectivity to the existing shopping center. The reduction in minimum allowable building square footage will not create an unsafe condition for the general public. The proposed building size and resulting site layout will provide safe and efficient traffic and pedestrian circulation around the site and through the existing shopping center. In addition, the requested waiver is necessary for the proposed improvement that will include the removal of existing curb cuts. The demolition of these curb cuts will increase public safety by limiting access points to the shopping center and removing points of conflict in close proximity to the intersection of Federal Boulevard and Linton Road. The requested waiver will not result in a special privilege granted to the applicant that could not be also granted to another applicant in a similar situation. Due to the size and configuration of the subject parcel, along with restrictions placed on the subject parcel by binding legal documents from the landlord and the anchor tenant, the minimum building square footage could not be provided without resulting in a loss to the required parking, building setbacks and /or landscape buffers. This particular situation is common among older shopping centers with outparcels that are being developed. In addition, another Chase Bank of similar size was granted this waiver in the City limits." The intent of the PC zoning district is for commercial development on larger sites such as malls or shopping centers. Consequently, it was envisioned that these larger commercial developments would have larger outparcelsloutbuildings and that smaller buildings be prevented. However, the subject shopping center was developed at a time before this requirement and, therefore, did not provide for sufficient area on the outparcel to construct a larger building. If the 6,000 square foot standard were applied, it would be problematic given the small size of the outparcel (21,847 square feet). Thus, the justification for granting relief to the subject development is reasonable given the unique circumstances associated with this property and will allow adaptive reuse of the site. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken at least 10 -feet outside all subject property lines for all adjacent properties per LDR Section 2.4.3 (B) (20). Survey shall provide sufficient information to determine historical drainage pattern. Survey shall include all existing easements. 3. Provide Engineering Plans with existing and proposed spot elevations showing changes of elevations of not more than 2 -feet, throughout the site and at a minimum distance of 10 -feet into SPRAB Staff Report — July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 5 all adjacent properties per LDR Section 2.4.3 (B) (20) and (D) (2). Provide sufficient elevations to ensure proposed improvements will not have a negative impact on surrounding drainage and to establish historical storm water flow. 4. Provide existing elevations on existing roadway including edge of pavement and center line. 5. Indicate sight distances at all ingresslegress points and all intersections. Sight triangles must be indicated on Landscape and Engineering plans per LDR Section 4.6.14. All visual obstructions within the site visibility shall provide unobstructed cross- visibility at a level between 3 -feet and 6- feet, this includes tree trunks. Sight triangles are to be measured from the edge of pavement for driveways and from the ultimate right -of -way line for alleys and streets. 6. Indicate Line of Sight 1 Sight Distance in accordance with the FDOT Design Standard Index 546, at FDOT intersections. 7. Palm Beach County permit(s) or permit modification through the Traffic Division required for this project per LDR Section 2.4.2 (C) (2) (d). Provide documentation indicating applicant has met with Palm Beach County regarding proposed project. 8. Florida Department of Transportation (FDOT) permit(s) required for this project per LDR Section 2.4.2 (C) (2) (c). Submit copy of FDOT pre - application letter. 9. Provide copy of Department of Environmental Resources Management (DERM) Permit(s), License and Closure Notification Forms, as applicable. 10. Provide South Florida Water Management District (SFWMD) permit or permit modification. 11. Indicate handicap spaces are to be provided in accordance with LDR Section 4.6.9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the Florida Building Code, Chapter 11, Accessibility Code for Building Construction. Handicapped parking spaces need to be paved, properly marked, and ramp and curb cuts provided if required. 12. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. 13. Provide finished floor elevation. In accordance with LDR Section 7.1.3 (B) (2), if finished floor elevation is less than 18- inches above centerline of adjacent road, but above the 100 -year storm or National Flood Insurance minimum elevations, then a letter is required from a professional registered engineer certifying that the drainage conditions have been investigated and the proposed floor elevation is above the flooding level. It must be shown that the property will have adequate drainage to ensure that flooding will not occur in a 100 -year, 3 -day storm event. 14. Provide drainage calculations that address site retention for water quantity. At a minimum, design for the difference between pre - development and post - development runoff for the 10yr.124 hr, storm event. 15. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3). 16. Clearly indicate location of nearest existing fire hydrant(s) and add any necessary hydrants per Fire Department requirements and in accordance with LDR Section 6.1.10 (2). SPRAB Staff Report -- July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 6 17. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (as applicable). 18. Show and clearly label all easements on Site, Landscape and Engineering Plans. 19. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details-, LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 20. Provide note indicating, "No proposed improvements, buildings or any kind of construction can be placed on or within any water, sewer or drainage easements, unless approved by the City of Delray Beach City Engineer." 21. Provide note indicating, "No proposed structures shall be installed within a horizontal distance of 10 -feet from any existing or proposed water, sewer or drainage facilities, unless approved by the City of Delray Beach City Engineer." 22. Provide signed and sealed calculations indicating current and proposed estimated flows into existing lift station and force main; submit to my attention at the Engineering Division. Upon review and approval, a letter from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows will be issued. This is a requirement in accordance with LDR Section 5.3.3 (D) for the Off -Site Impact Assessment to the City's water and sewer systems. 23. Please note, a Financial Guarantee in accordance with LDR Section 2.4.10 may be required to ensure the timely and proper installation of public improvements which are required to support the proposed development. Refer to LDR Section 2.4.10 (A) for items which require a Financial Guarantee. The Financial Guarantee (surety) amount is quantified in the approved Engineer's Opinion of cost. Surety format can be Letter of Credit, Cash Deposit or Performance Bond (Subdivision Format). Surety is required prior to issuance of any permits from the Building Permit Department. 24. Submit revised plans and any required documentation for Preliminary Engineering review with next submittal. Please ensure a complete set is provided for the City of Delray Beach Engineering Division and indicate which documents are for the Engineering Division. The Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16 except for those items noted below. The proposed landscaping consists of Silver Buttonwood trees, Hibiscus trees, Alexander Palms, Live Oak trees, Florida Royal Palms, and Cassia trees. These areas will be under planted with Yesterday Today Tomorrow, Silver Buttonwood, Red Tip Cocoplum, Pitch Apple, Mammey Croton, Variegated Flax Lily, Green Island Ficus, Thryallis, Green Ligustrum, Plumbago, Trinette Variegated Schefflera, Orange Bird of Paradise, Orange Bulbine, White African Iris, Evergreen Giant Liriope, and Florida Gama Grass. SPRAB Staff Report — July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 7 Perimeter Landscape Strip: Per LDR 4.6.16(11-1)(3)(a), multiple tiers of plant materials shall be used within the landscape buffers. These landscape buffers are required along Federal Highway and Linton Boulevard. Per the Senior Landscape Planner the front row along Linton Boulevard consists of Green Island Ficus. This species will grow too tall and negate the layered appearance required by the code. Thus, a condition of approval is attached that the Green Island Ficus be replaced with an appropriate groundcover species. Tree Height: Per LDR Section 4.6.16(D)(4)(a), the ultimate mature height and width of a tree to be planted should not exceed the available overhead growing space beneath overhead utility lines. Tree species shall be consistent with the recommendation in the most recent publication of Florida Power and Light Company's "Plant The Right Tree In The Right Place." Per LDR Section 4.6.16(E)(5), the required tree height at the time of planting is 16 feet and the applicant proposes 8 -foot high Silver Buttonwood trees along the perimeter of the outparcel. The Silver Buttonwood trees need to be provided at an overall height of 12 feet and this is attached as a condition of approval. ARGHiTECTURrv�L EL:;�_'1/ATIQ:NS_. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed building is a contemporary architectural interpretation that exhibits a strong corporate influence. The west elevation contains a hip roof that will have a silver standing seam metal roof. The base of the building and entry "columns" will have a Savanna Stone rock cast application. The few windows will have black canvas awnings. The primary wall color is Latte (dark beige) with Accessible Beige (light beige) trim. The door and window framing along with the drive through canopy and awning fascia will be Intellectual Grey. While the proposed bank is indicative of a corporate design, this corporate image is common in the western communities and will assimilate easily into the corporate businesses along Linton Boulevard. Per LDR Section 4.6.18(B)(12), outbuildings need to be compatible with the shopping center in terms of color, materials, and architectural style. The color scheme of the bank is similar to the palette of the shopping center. The building elevations have been revised to include black canvas awnings that are used on the shopping center. Based on the above, a positive finding can be made that the architecture is consistent with LDR Section 4.6.18(E). SPRAB Staff Report — July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 8 �.E�UII�ED FICND.INGS ... REQUIRED FINDINGS (Cha ter 3 Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 A - Future Land Use Map: The subject property has a Future Land Use Map designation of GC (General Commercial) and is zoned PC (Planned Commercial). The PC zoning district is consistent with the (GC) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Ob'ective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed redevelopment of the property. The development will be complimentary with the surrounding commercial developments and supplies a fiduciary service to the community. Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious SPRAB Staff Report — July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 9 with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north and east by RM (Multiple Family — Medium Density) zoned property, on the south by SAD (Special Activities District) zoned property, and on the west by PC zoned property. The existing land use to the north is the Linton Woods Condominium, to the south by Old Harbor Office and Bank Facility, on the east by Harbours Edge adult living facility, and on the west by The Plaza at Delray. A finding can be made that the proposed redevelopment will be compatible and harmonious with the adjacent properties. IB" Q T. The property is located in an area that does not require review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: • Neighborhood Advisory Council • Delray Place ❑ Delray Citizen's Coalition • Banyan Tree Village • Domain Delray • Harbourside • Delray Beach Harbor Club • Linton Woods Letters of objection and support, if any, will be presented at the SPRAB Board meeting. ON The proposed bank will be compatible with the surrounding commercial uses. Further, the contemporary architectural of the building will provide a significant enhancement over the previous gas station that occupied this site. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. A. Postpone with direction. B. Move approval of the request for Class V site plan, landscape plan, architectural elevations, and waiver for Chase Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5), Section 2.4.7(B)(5), Chapter 3, and LDR Sections 4.4.9(F)(3) & (G)(3) of the Land Development Regulations, subject to the attached conditions of approval. SPRAB Staff Report — July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 10 C. Move denial of the request for Class V site plan, landscape plan, architectural elevations, and waiver for Chase Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F)(5), Section 2.4.7(6)(5), Chapter 3, and LDR Sections 4.4.9(F)(3) & (G)(3) of the Land Development Regulations. By Separate Motions: Waiver: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.4.12(F)(2), which requires a minimum floor area of 6,000 square feet (3,550 square feet proposed) for any free standing structure based on positive findings with LDR Section 2.4.7(B)(5). Site Plan: Approve the request for a Class V site plan for Chase Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), Chapter 3, and LDR Sections 4.4.9(F)(3) & (G)(3) of the Land Development Regulations, subject to the following conditions 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the site plan be revised to correctly note the required parking for the bank. Landscape Plan: Approve the landscape plan for Chase Bank based on positive findings with respect to Section 4.6. 16 of the Land Development Regulations, subject to the following conditions: 1. That the Green Island Ficus be replaced with an appropriate groundcover species. 2. That the Silver Buttonwood trees be planted at an overall height of 12 feet. Elevations: Approve the proposed elevations for Chase Bank based on positive findings with respect to LDR Section 4.6.18(E). Attachments: • Appendix A • Appendix B • Site Plan, Architectural Elevations, and Landscape Plan • Location map Report prepared by: Scott D. Pape, AICP FCP Senior Planner SPRAB Staff Report — July 24, 2013 Class V Site Plan, Building Elevations, and Landscaping for Chase Bank at Harbor Plaza Page 11 Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ The building will be served via lateral connection to an existing 12 inch service water main along Federal Highway. ❑ Adequate fire suppression is provided via an existing fire hydrant on the property and one on the south side of Linton Boulevard. ® Sewer service will be provided via lateral connection to an existing 6 inch sewer main along the east side of the building. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates that proposed building will generate 501 net new average daily trips and 74 p.m. peak hour trips. A finding of concurrency has not been received from the Palm Beach County Traffic Engineering Division. Thus, a condition of approval is attached that a finding of concurrency be submitted prior to certification of the site plan. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: A finding of concurrency is not required for the non - residential project. Solid Waste: Trash generated each year by this development will be approximately 15.80 tons /year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. School Concurrency: A finding of concurrency is not required for the non - residential project. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent engineering architecture project management construction management permitting development services March 1, 2013 City of Delray Beach Planning and Zoning Department 100 NW 1st Avenue Delray Beach, FL 33444 Re: Chase Bank Downtown Delray Beach Cover Letter and Waiver Criteria Justification To Whom It May Concern: CORE STATES FUMM- A-MM„ GROUP On behalf of JPMorgan Chase, Core States Group ( "CSG ") is providing the following letter in regards to the proposed redevelopment of an outparcel for the Harbor Plaza shopping center located at the northeastern corner of Linton Boulevard and South Federal Highway; more specifically at 1755 South Federal Highway in Delray Beach. The proposed redevelopment will include the construction of a new 3,550 SF Chase Bank with a remote two (2) lane drive thru and related appurtenances and will be constructed in one phase. A pre - application meeting was held on February 9, 2012 with Mark McDonnell. Based on this meeting and conversations with City Staff, it was determined that a Class IV Site Plan Modification will be required for the proposed improvements. At the time of the pre - application meeting the Chase Bank large linear building was proposed which was 4,335 SF and 102 feet in length. The current medium linear building proposed is 81.33 feet in length, which provides additional buffering at the intersection of Linton and Federal. It is anticipated the proposed building will maintain the existing point of connection of utilities and only extend services to accommodate the improvements. Stormwater runoff from the subject parcel currently sheet flows east, away from the subject parcel, down the internal drive aisles and into catch basins that convey the runoff into the master stormwater management system serving the shopping center. The proposed development will maintain the existing drainage patterns and discharge to the same catch basins. Exfiltration trench will be installed for additional treatment of runoff from the outparcel and facilitate connection of stormwater leaders from the building. The proposed improvements have been designed in concert with the Harbor Plaza Site Plan Modification approved on September 19, 2012. The development will require two (2) waivers to facilitate the proposed improvements. The requested waivers are as follows: • Waiver 1 —Request to reduce the minimum allowable building square footage from 6,000 SF to 3,550 SF. [LDR Sec. 4.4.12.(F).(2)] • Waiver 2 —Request to reduce the landscape buffer along Linton Blvd from fifteen (15) feet to ten (10) feet for 50 linear feet or 27.6% of the frontage. [LDR Sec. 4.3.4.(H).(6).(B).(4)] www.core - eng.com 3902 corporex park drive . suite 600 . tampa, fl 33619 . v: 813.490.1755 . f: 813.490.1759 georgia . virginia . new jersey . massachusetts . new brunswick, canada . missouri . florida . north carolina . arkansas . california . pennsylvania February 28, 2013 Pursuant to Land Development Regulation Section 2.4.7(B)(5), a waiver request must comply with four (4) criteria in order to be approved by the City. Provided below is a point by point justification based on these criteria and how the requested waivers meet each. • Shall not adversely affect the neighboring area. Waiver 1 The request to reduce the minimum allowable building square footage will not adversely affect the neighboring area. Based on Chase Bank's extensive experience within the local market and Florida in general, the proposed 3,550 SF building is the optimal size building to serve the general public at this location without adversely affecting the surrounding area. Another Chase Bank of similar size was approved in the City for this waiver. The public and Chase customers can identify with this size of bank that is consistent with existing branches in the area. Waiver 2 The requested reduction in a portion of the landscape buffer along Linton Blvd will not adversely affect the surrounding area. The requested waiver is a continuation of the existing landscape buffer along the southern property line of the Harbor Plaza shopping center for 5 parking spaces. The location of a majority of the variance is at an existing driveway connection that provides no buffering. The proposed landscape buffer will be landscaped per code and provide an adequate buffer between the proposed vehicular use area and Linton Blvd, consistent with existing buffering to the east. In addition, the landscape buffer will meet and /or exceed the required fifteen (15) foot landscape buffer for the maj ority of the frontage along Linton Blvd and result in an improvement to the surrounding area. The building type, size, and location were chosen to create a focal point at the intersection of Linton and Federal. The royal palms at the intersection will remain and be incorporated into the proposed 40 plus feet of buffer area at the intersection. • Shall not significantly diminish the provision ofpublic facilities. Waiver 1 The granting of the request for reduction in the minimal allowable building square footage will not coincide with a reduction in public facilities. The proposed development will include the construction of a sidewalk connection from the proposed building to the existing sidewalk along Linton Blvd, which will help promote the use of the existing public facilities around the Harbor Plaza shopping center. In addition, the proposed bank in of itself will provide a benefit to the general public by improving a blighted corner. Furthermore, the site is designed to provide fluid connectivity to the existing shopping center. Waiver 2 The reduction in the landscape buffer along a portion of the Linton Blvd frontage will not diminish any public facilities along Linton Road. The existing landscape buffer is currently ten (10) feet wide along the subject parcel's entire frontage for Linton Road. The proposed development will only preserve this buffer width for 50 linear feet or 27.6% of the frontage and the remaining landscape buffer will exceed the required fifteen Page 2 of 4 February 28, 2013 (15) foot depth and extend to greater than 40 feet, which creates a focal point for the existing intersection primarily for Linton Blvd. • Shall not create an unsafe situation. Waiver 1 The reduction in minimum allowable building square footage will not create an unsafe condition for the general public. The proposed building size and resulting site layout will provide safe and efficient traffic and pedestrian circulation around the site and through the existing shopping center. In addition, the requested waiver is necessary for the proposed improvement that will include the removal of existing curb cuts. The demolition of these curb cuts will increase public safety by limiting access points to the shopping center and removing points of conflict in close proximity to the intersection of Federal Boulevard and Linton Road. Waiver 2 Given that the depth of the existing landscape buffer is equal to the requested partial reduction depth of ten (10) feet, the granting of the requested waiver will not create an unsafe condition for the general public. In addition, the majority of the landscape buffer along Linton Road will exceed the required fifteen (15) feet; resulting in an increase in public safety. • 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. Waiver 1 The requested waiver will not result in a special privilege granted to the applicant that could not be also granted to another applicant in a similar situation. Due to the size and configuration of the subject parcel, along with restrictions placed on the subject parcel by binding legal documents from the landlord and the anchor tenant, the minimum building square footage could not be provided without resulting in a loss to the required parking, building setbacks and /or landscape buffers. This particular situation is common among older shopping centers with outparcels that are being developed. In addition, another Chase Bank of similar size was granted this waiver in the City limits. Waiver 2 The request to reduce the landscape buffer to match the existing buffer within the shopping center is not a situation that would be unique to the subject parcel or the Harbor Plaza shopping center. This situation is one that occurs in older shopping centers with outparcels that are being developed to better serve the general public and are required to comply with a newer code than the original development was designed on. In order for the outparcel to provide seamless connectivity and required cross access to the shopping center, the existing parking alignments and configuration should be used to provide adequate parking in proximity to points of entry. Page 3 of 4 February 28, 2013 As detailed above, it is CSG's professional opinion that the requested waivers meet and /or exceed the criteria for a waiver as listed in the Land Development Regulations. In addition, it is Core States belief that the proposed overall development will greatly improve the appearance, functionality, and value of the subject parcel and the surrounding parcels as a whole. The proposed development will create a site that is both aesthetically pleasing and function. Should you need any further information or have any questions, please feel free to contact us at (813) 490 -1755. Sincerely, 1-61 GU.�,nLH -- Craig J. Carden, P.E. Core States Group Page 4 of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, LEED (GA), DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 31, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 WAIVER REQUESUELCAMINO RESTAURANT ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver to allow a 23' building height where a minimum 25' building height is required per LDR Section 4.4.13(F)(1)(a) for El Camino Restaurant, located on the east side of NE 2nd Avenue (Pineapple Grove Way), north of East Atlantic Avenue (15 NE 2nd Avenue) in the CBD Zoning District. BACKGROUND The 0.0789 acre property currently contains three (3) retail bays. The two (2) northernmost bays are to be occupied by a future restaurant and the southernmost bay was most recently leased to FY &I (Frozen Yogurt and Ice Cream). On March 14, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan Modification to allow conversion of the two (2) northernmost bays ( #11 & #15) from retail to restaurant use, along with exterior facade renovations for all three (3) bays. The approved elevations met the minimum twenty -five foot (25') height requirement. On July 24, 2013, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan modification request to allow interior and exterior modifications for the subject Bays #11 and #15. The proposed architectural elevation changes indicated as -built conditions reflecting a twenty -three foot (23') building height which is inconsistent with the prior approval. The applicant has requested a waiver to mitigate the two foot (2') height deficiency. As such, the Site Plan Review and Appearance Board considered and recommended approval of a waiver to the minimum twenty -five foot (25') height requirement as discussed below: 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. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings shall be a minimum of twenty - five feet (25') and a maximum of forty-eight feet (48') in height in the Central Business District (CBD). The tallest portion (i.e. column) of the existing structure does not meet the minimum 25' height requirement and is at 23'. The applicant has requested a waiver to address the two foot (2') deficiency in the proposed minimum height. An analysis of this waiver request is provided below: The applicant has provided the following justification statement regarding the waiver request: "Due to a miscommunication with the previous architect and the builder the building was renovated at 23' tall and not 25' tall as was approved by the SPRAB. " The purpose of the minimum height requirement is to provide a uniform streetscape. The adjacent restaurant to the south (The Office) meets the minimum twenty -five foot (25') height requirement and has similar column features. However, its dual frontage continues along East Atlantic Avenue and NE 2nd Street for about ninety feet (90'). As you approach the north alley, there is a slight drop in the building height (i.e. column features) by two feet (2'). Because the location of El Camino Restaurant is less prominent, the impact of the lesser height is less impacting and the building maintains the spirit of the adjacent architectural design. Specifically, the waiver to LDR Section 4.4.13 (F)(1)(a) to allow a minimum 23' building instead of the requirement 25' minimum height does not negatively affect the neighboring areas, nor does it create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities, and will not result in the granting of a special privilege. Consequently, positive findings with respect to LDR Section 2.4.7(B)(5) can be made in the reduction of the required 25' minimum building height to 23' for the existing building. REVIEW BY OTHERS On July 24, 2013, the Site Plan Review and Appearance Board (SPRAB) recommended approval to the City Commission to allow a 23' building height where a minimum 25' building height is required in the CBD per LDR Section 4.4.13(F)(1)(a) for El Camino Restaurant, by a vote of 6 to 0. RECOMMENDATION Approve the waiver to LDR Section 4.4.13(F)(1)(a) to allow a 23' building height where a minimum 25' building height is required in the CBD per LDR Section 4.4.13(F)(1)(a) for El Camino Restaurant, based upon positive findings of LDR Section 2.4.5(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE EL CAMINO RESTAURANT AT 15 NE 2ND AVENUE 1. This waiver request came before the City Commission on August 6, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the El Camino Restaurant at 15 NE 2nd Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.13(F)(1)(a) Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings in the Central Business District shall be a minimum of twenty -five feet (25') and a maximum of forty -eight feet (48') in height. For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. The applicant is asking for a waiver to allow a building height of twenty - three feet (23'). Should the waiver to Section 4.4.13(F)(1)(a) be granted? Yes No 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 6th day of August 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor z 0 z Q w 0 CD I W w Q W z N.E. w z LEI z A T L A N T I C w Q T w Q 1ST D N Lei Q > o Q PLANNING AND ZONING Q 15 NE 2ND AVENUE J DEPARTMENT Q U w LJ Q w z w Q z 0 z Q w 0 CD I W w Q W z N.E. w z LEI z A T L A N T I C w Q T w Q 1ST D N Lei Q > o Q PLANNING AND ZONING Q 15 NE 2ND AVENUE J DEPARTMENT Q U w 0 z N w z A V E N U E S. E. w w vi U� 1ST J I . f7lnn _ L ST w vi ' N SUBJECT EL CAMINO RESTAURANT PROPERTY -" PLANNING AND ZONING Q 15 NE 2ND AVENUE DEPARTMENT LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1323_9 NE 2nd Avenue id . !41116, now Vii' F, ir 3w PR 5% ®p Id'HDVN ),V2dl3a NN JANIAV PAZ IN S I j■I LNdI�idA0WdWIINVN9 o e B FINOI ■Q a_m 31Nf1anviS311 ONIWV3 l3 a w� ��otNN �o 0 EU amo o � a °as3k2mo3 RUW d 10 m mea n a S � =w w 7 z 0 H 0 7 �m � $ a K � W w me 'o me Nod m do a o me m e e a x N o Mm z �e�_e o ❑ � N i ao ❑ z ❑m� i mm❑ � � a a � ° °ow m mo .. z Q ary d ❑ r 40B o ❑a r: lH 2 - �� 01, z 0 w& w� d � w� ��otNN �o 0 EU amo o � a °as3k2mo3 RUW d 10 m mea n a S � =w w 7 z 0 H 0 7 �m � $ a K � W 'o as N o z w� ��otNN �o 0 EU amo o � a °as3k2mo3 RUW d 10 m mea n a S � =w w 7 z 0 H 0 7 ]1'HDVN ),V2d]3a :N ]ANIAV PAZ IN S I j ■I F INFIMA0NdW1 INVNFU � ■Q mo aJ 31Nf121Af/ma ONIWV3 13 o �W w� I z 0 w w w w z x w 0 w w w z w goo wIw IT__ I EMMA a I FKMAI of o goo 0 w w x s� O z x w ■■LLB F , a a■■ y g 'I3 ` HAV A U INN74Q - o Y C' o W q € `a " QNZ H[.I 6 ga N . F E W � W � a U - y w I II a I _ I i �l f 0 w 0 W 0 w o 0 w 0 0 W mi to 1� O cd w zl 0 a� W a� to J 3 9� CO 410 ,�■ v I 410 ,�■ d v IN OO' 9� o h �a �a Co z Z z MEETING DATE: July 24, 2013 t ITEM: Class III Site Plan Modification for El Camino Restaurant to allow interior and exterior modifications for Bays #11 and #15, installation of a landscape planter on the north side of the property adjacent to the alley, and construction of a walk -in cooler for storage in the rear of the property. Applicant .............................. Brandon Belluscio Owner .... ............................... Pineapple Grove Investment Group LLC Agent ..... ............................... George Brewer (Brewer Architecture Inc.) Location ....... ............................... On the east side of NE 2nd Avenue, north of East Atlantic Avenue (15 NE 2Ind Avenue) Property Size .............................. 3,438 sq. ft. FLUM ......... ............................... CC (Central Core) Zoning District ............................ CBD (Central Business District) Adjacent Zoning ................North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ...................... Commercial building with 2 restaurant bays and 1 retail bay Proposed Land Use .................... No Change Water Service ......................... Water service is existing on -site via an eight inch (8 ") valve located within the NE 2Ind Avenue right -of -way Sewer Service ........................ Sewer service is existing on -site via an eight inch (8 ") main located within the adjacent alley to the north ®' : 62:11 i The action before the Board is to approve a Class III Site Plan modification to allow interior and exterior modifications for Bays #11 and #15, installation of landscaping and construction of a walk -in cooler for storage in the rear of the property, pursuant to LDR Section 2.4.5(G)(1)(c). BACKGROUND' The subject property consists of portions of the originally platted Lots 8 and 9 of the Town of Delray Plat as recorded in Palm Beach County Official Records Book 24291, Page 401. The 0.0789 acre property currently contains three retail bays. The two northernmost bays were previously associated with Ace Pump. The southernmost bay was most recently leased to FY &I (Frozen Yogurt and Ice Cream). On August 23, 2011, the Parking Management Advisory Board (PMAB) recommended approval of six (6) in- lieu parking spaces for conversion of 2,142 sq. ft. of existing retail space to restaurant space at a cost of $15,600 per space. On September 20, 2011, the City Commission approved the six (6) in -lieu spaces associated with the conversion of 2,142 sq. ft. of existing retail space to restaurant space for Bays #11 and #15. On March 14, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan Modification to allow conversion of the two (2) northernmost bays ( #11 & #15) from retail to restaurant use, along with exterior fagade renovations for all three (3) bays. On April 17, 2012 the City Commission approved a waiver to the CBD guideline requirements to allow a fourteen (14') foot setback from the property line, whereas a maximum ten foot (10') setback is required for the two (2) northernmost bays ( #11 & #15). On May 23, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class II Site Plan Modification to allow interior modifications to the southernmost retail bay ( #9) which aligned the storefront with the prior approved restaurant bays #11 & #15. On June 5, 2012 the City Commission approved a waiver to the CBD guideline requirements to allow a fourteen (14') foot setback from the property line, whereas a maximum ten foot (10') setback is required for the southernmost bay ( #9). Now before the Board for consideration is a Class III Site Plan modification request to allow interior and exterior modifications for Bays #11 and #15, installation of a landscape planter on the north side of the property adjacent to the alley, and construction of a walk -in cooler for storage in the rear of the property. PROJECT DESCRIPTION The development proposal includes, but is not limited to the following: • Architectural elevation changes for the two (2) restaurant bays • Installation of an 118 sq. ft. landscape planter on an adjacent parcel to the north • Construction of an 82 sq. ft. walk -in cooler on an adjacent parcel to the east • Interior conversion of 33.75 sq. ft. of Bay #9 for use in the restaurant bay The development proposal also includes the following waiver to the CBD design guidelines: A waiver to LDR Section 4.4.13(F)(1)(a) CBD Design Guidelines, which requires the overall height of building to be a minimum of twenty -five feet (25'), to accommodate as -built conditions. Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2nd Avenue - Class III Site Plan Modification Paqe 2 o- - .. .- The following table indicates that the existing building for the proposed development does not comply with LDR Section 4.3.4(K) Central Business District (CBD) zoning district design guidelines. As mentioned in the "Background" section of this report, waivers were previously approved to allow zero percent (0 %) frontage and exemption from the ten foot (10') maximum setback requirement for the entire site. Preexisting conditions allowed for a zero foot (0') setback, whereas a minimum five foot (5) setback is required. Thus, these items are deemed to be in compliance. As indicated in BOLD above, the proposed development does not meet the minimum height requirements for the CBD (Central Business District). As -built conditions reflect that the existing building is only twenty -three feet (23'), whereas twenty -five feet (25) was approved for construction. This is below the minimum 25' height requirement. Thus, a waiver is being requested. An analysis of the waiver is provided in the following section. 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 4.4.13fl(1)(a), all proposed structures must meet the minimum and maximum building height requirement of twenty -five feet (25) and forty -eight feet (48') respectively. The tallest portion (i.e. column) of the existing structure does not meet the minimum 25' height requirement at 23'. The applicant has requested a waiver to address the two foot (2') deficiency in the proposed minimum height. An analysis of this waiver request is provided below: The applicant has provided the following justification statement regarding the waiver request: "Due to a miscommunication with the previous architect and the builder the building was renovated at 23' tall and not 25' tall as was approved by the SPRAB." Standard: Exist* Pro osed: Building Height:, 25' min. 23' 23' 8' max. Building Setbacks: Front (West 5' min. 0' 0' - frontage 10' max. (70 -90 %) 48.69' (100 %) O.0' (0%) - remainin len th 15' min. (10 -30% ) 0' 0' Rear (East) 10' 0' 0' Side Interior North) 0' 0' 0' Side Interior (South) 0' 0' 0' Open Space: 0% 0% 0% As mentioned in the "Background" section of this report, waivers were previously approved to allow zero percent (0 %) frontage and exemption from the ten foot (10') maximum setback requirement for the entire site. Preexisting conditions allowed for a zero foot (0') setback, whereas a minimum five foot (5) setback is required. Thus, these items are deemed to be in compliance. As indicated in BOLD above, the proposed development does not meet the minimum height requirements for the CBD (Central Business District). As -built conditions reflect that the existing building is only twenty -three feet (23'), whereas twenty -five feet (25) was approved for construction. This is below the minimum 25' height requirement. Thus, a waiver is being requested. An analysis of the waiver is provided in the following section. 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 4.4.13fl(1)(a), all proposed structures must meet the minimum and maximum building height requirement of twenty -five feet (25) and forty -eight feet (48') respectively. The tallest portion (i.e. column) of the existing structure does not meet the minimum 25' height requirement at 23'. The applicant has requested a waiver to address the two foot (2') deficiency in the proposed minimum height. An analysis of this waiver request is provided below: The applicant has provided the following justification statement regarding the waiver request: "Due to a miscommunication with the previous architect and the builder the building was renovated at 23' tall and not 25' tall as was approved by the SPRAB." Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2 "d Avenue - Class III Site Plan Modification Donn I Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings shall be a minimum or twenty -rive reef (25') and a maximum of forty -eight feet (48') in height. Specifically, the waiver`to LDR Section 4.4.13 (F)(1)(a) to allow a minimum 23' building instead of the requirement 25' minimum height does not affect the neighboring areas, nor does it create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities, and will not result in the granting of a special privilege. Consequently, positive findings with respect to LDR Section 2.4.7(6)(5) can be made in the reduction of the required 25' minimum building height to 23' for the existing building. r - .. r -. Pursuant to LDR Section 4.4.13(G)(1)(d), the parking requirement for restaurants is established at twelve (12) spaces per 1,000 sq. ft. of gross floor area up to 6,000 sq. ft., and then fifteen (15) spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq. ft. Previously, the site is was granted establishment of the restaurant use at the then current rate of (6) spaces per 1,000 sq. ft. of gross floor area because the in -lieu parking request was made before zoning in progress was established on an ordinance that eventually increased the requirement to the current 12 spaces per 1,000 sq. ft. However, the proposed additional 115.75 sq. ft. of restaurant use area is subject to the current parking rate established at twelve (12) spaces per 1,000 sq. ft. of gross floor area up to 6,000 sq. ft. At twelve (12) spaces per 1,000 sq. ft. of gross floor area, the additional 115.25 sq. ft. of proposed restaurant use requires only one (1) additional parking space. Per LDR Section 4.4.13.G.1.b., a one (1) space parking exemption is allowed when proposed improvements require only one (1) additional parking space. The applicant has indicated his intent to utilize the one space parking exemption for the proposed additional 115.75 sq. ft. Therefore, the parking requirement for the site is satisfied. M. OHMS .- Pursuant to Table T -1 of the Comprehensive Plan Transportation Element, the following table describes the required rights -of -way and the existing rights -of -way adjacent to the subject property: Item Sidewalk Sidewalk Curb & Right -Of- R1ght -0f- Right -Of- Considered Width Width Gutter' Way Way Way -Existing- - Proposed- - Existing- - Required- - Existing- Dedication Existing Alley None N/A No 20' 16' N/A NE 2" Avenue Yes (7' ) 8'* Yes 60' 50' N/A *Although an eight foot (8) sidewalk is proposed, no new construction was approved within the public right -of- way along NE 2nd Avenue by the DSMG (Development Services Management Group) on July 11, 2013. Thus, the existing seven foot (7) sidewalk shall remain as an existing nonconformity and is not required to be increased. Pursuant to Table T -1 of the Comprehensive Plan Transportation Element, sixty feet (60') of right -of -way is required for a county collector (NE 2 "d Avenue) and only fifty feet (50') of right -of -way exists. On July 11, 2013 the DSMG (Development Services Management Group) allowed a five foot (5) right -of -way reduction along the east side of NE 2nd Avenue. Thus, no right -of -way dedication is required. Pursuant to LDR Section 5.3.1.D.2., twenty feet (20') is the standard right -of -way width for alleys and sixteen feet (16') of right -of -way exists. On July 11, 2013 the DSMG (Development Services Management Group) allowed a two foot (2') right -of -way reduction along the south side of the existing alley. Thus, no right -of -way dedication is required. Pursuant to LDR Section 6.1.3.B.1.f., an eight foot (8') sidewalk is required for properties located within the Central Business District (CBD). A seven foot (7') sidewalk exists along NE 2 "d Avenue, whereas an eight foot (8') sidewalk is required. Although the proposed plans reflect an eight foot (8') sidewalk will be newly Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2nd Avenue - Class III Site Plan Modification D n 1. Sidewalk cafe permits shall be processed and approved separately and are subject to the regulations in effect at the time of submittal of your application. 2. The City Building Dept. has indicated that the bi -fold doors shall not swing into or block the required means of egress. Therefore, the egress doors shall be side - hinged swinging and not folding. This is to be satisfactorily resolved with the building department prior to site plan certification. I No customers or employees shall access the property from the north side adjacent to the alley where the folding glass doors are proposed. A minimum four foot (4') high aluminum railing shall be required to assure safety and compliance. 4. A private easement is required to be recorded with PBC prior to site plan certification to allow construction on the adjacent parcel registered under a separate corporate identity by the same owner. Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2nd Avenue - Class III Site Plan Modification Paqe 5 Future Land Use Element - Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed interior and exterior renovations for the El Camino Restaurant will be a welcome addition to the downtown CBD district. The restaurant use is compatible with the fabric of other existing establishments along Pineapple Grove Way. Therefore, the proposed development will complement adjacent commercial land uses. COMPLIANCE •• REGULATIONS (LDRsY Items identified Development R- be addressed -. and development The following zoning designations and uses are abutting the subject property: The subject property is surrounded by CBD (Central Business District) zoning. To the north is the Ocean City Lumber Plaza which includes the House of Siam restaurant, Meizner Electric offices and retail uses. To the south, east and north are retail bays with various shopping opportunities. Thus, a finding can be made that the use will not have a detrimental effect upon the stability of the downtown, nor will it hinder the development or redevelopment of nearby properties. Pursuant to LDR section 4.6.16 (C)(1)(a), prior to the issuance of a building permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). The proposed landscaping includes installation of a landscape planter on an adjacent parcel to the north next to the existing alley. It is noted that there is no requirement for landscaping within this area of the CBD. Thus, the proposed landscaping is being voluntarily provided by the applicant. Since the landscaping is proposed outside of the parcel boundary lines, an easement agreement shall be established between the subject parcels and recorded with Palm Beach County, prior to site plan certification. With regard to NE 2nd Avenue, however, the DSMG has not allowed installation or removal of any landscaping within the public right -of -way and these improvements shall be removed from the proposed plans prior to certification. These items are attached as conditions of approval. Upon addressing these conditions of approval, the landscape plan can be deemed in compliance with applicable requirements of LDR Section 4.6.16. Designation: Use: North: -Zoning CBD (Central Business District) Retail, Office & Restaurant Uses South: CBD (Central Business District) Retail Shopping East: CBD (Central Business District) Retail Shopping West. CBD Central Business District) Retail Shopping The subject property is surrounded by CBD (Central Business District) zoning. To the north is the Ocean City Lumber Plaza which includes the House of Siam restaurant, Meizner Electric offices and retail uses. To the south, east and north are retail bays with various shopping opportunities. Thus, a finding can be made that the use will not have a detrimental effect upon the stability of the downtown, nor will it hinder the development or redevelopment of nearby properties. Pursuant to LDR section 4.6.16 (C)(1)(a), prior to the issuance of a building permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). The proposed landscaping includes installation of a landscape planter on an adjacent parcel to the north next to the existing alley. It is noted that there is no requirement for landscaping within this area of the CBD. Thus, the proposed landscaping is being voluntarily provided by the applicant. Since the landscaping is proposed outside of the parcel boundary lines, an easement agreement shall be established between the subject parcels and recorded with Palm Beach County, prior to site plan certification. With regard to NE 2nd Avenue, however, the DSMG has not allowed installation or removal of any landscaping within the public right -of -way and these improvements shall be removed from the proposed plans prior to certification. These items are attached as conditions of approval. Upon addressing these conditions of approval, the landscape plan can be deemed in compliance with applicable requirements of LDR Section 4.6.16. Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2nd Avenue - Class III Site Plan Modification Paqe 6 Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Architectural changes will include relocation of the west (front) wall by bringing it forward fourteen feet (14'), creation of additional windows and doors on the north wall (adjacent to the alley) and relocation of an existing door on the east (rear) elevation. The proposed colors and materials on the building exterior have been preapproved and are not proposed to change. This historic Downtown Delray design is reminiscent of the City's first downtown generation of businesses. The design elements include, but are not limited to, new parapet walls, decorative lighting, decorative railings, smooth white stucco and rusticated wood siding. A decorative parapet has been installed along the roofline to offer a taller, more distinguished look. The interior has been entirely restored and reconstructed to include exposure of the original barrel vault wood ceiling, a new interior bar, kitchen, booths and flooring. There will be folding glass doors that open up the new restaurant to the NE 2nd Avenue frontage. However, it is noted that the building department has indicated that the bi -fold doors shall not swing into or block the required means of egress. Therefore, the egress doors shall be side - hinged swinging and not folding. This is attached as a condition of approval to be worked out with the building department prior to site plan certification. The proposal significantly complies with the minimum 75% glass transparency along the street frontage. Based upon the above, the proposal will be consistent with the criteria established in LDR Section 4.6.18(E), once the condition of approval is met. At its meeting of March 7, 2012, the PGMS (Pineapple Grove Main Street) reviewed the original development proposal for improvements to the subject bays to accommodate a new restaurant and made a recommendation of approval. They supported staff's position regarding restricting access to the adjacent alley. At its meeting of July 11, 2013, the CRA (Community Redevelopment Agency) reviewed the development proposal and reached a consensus to recommend approval with the comments that the landscape node on Pineapple Grove way not be reduced to provide seating area and that adequate lighting for security be provided at the rear of the building on both sides of the cooler. InTRIOTOM At the meeting of July 8, 2013, the DDA (Downtown Development Authority) reviewed the development proposal and reached a consensus to recommend approval subject to all lighting and trash removal being in accord with city codes. Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2nd Avenue - Class III Site Plan Modification Paae 7 Courtesy notices have been provided to the following associations that have requested notice of developments in their areas: • Neighborhood Advisory Council • Delray Citizens Coalition • Chamber of Commerce Public Notice: Formal public notice is not required. Any letters of objection and /or support for this site plan modification will be presented at the Site Plan Review and Appearance Board meeting. ASSESSMENT AND CONCLUSION The proposed Class III site plan modification request is to allow interior and exterior modifications for Bays #11 and #15, installation of a landscape planter on the north side of the property adjacent to the alley, and construction of a walk -in cooler for storage in the rear of the property. A waiver to the minimum 25' height is required and subject to City Commission approval. Due to as -built conditions which were inconsistent with prior Board approved plans, the waiver is deemed necessary. Staff supports the waiver to allow a reduction in the building height by two feet (2'). Overall. the development proposal is supportable with the preapproved in- lieu parking request approved by the City Commission on September 20, 2011 and allowance of the one -space exemption for the proposed additional 115.75 sq. ft. which includes installation of an 82 sq. ft. walk -in cooler and interior conversion of 33.75 sq. ft. previously approved as retail use for the adjacent bay. It is noted that a private easement is required to allow construction of the proposed landscape planter on the adjacent parcel to the north and the cooler on the same parcel to the rear. This shall be recorded with Palm Beach County prior to site plan certification of this project and is indicated as a condition of approval. No landscaping or brick paver improvements are allowed within the adjacent NE 2nd Avenue public right -of -way. Thus, any landscaping proposed within the public right -of -way shall be removed from the plans. This is attached as a condition of approval. The proposed use will be consistent with the current policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, subject to the conditions as indicated in the staff report. Therefore, positive findings can be made with respect to Section 2.4.5(G)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Deny the waiver, Class III site plan modification and architectural elevations for El Camino Restaurant, based upon a failure to make positive findings with respect to Section 2.4.5(G)(5)(Compatibility), that the proposed use will hinder development of nearby properties. C. Approve the waiver, Class III site plan modification and architectural elevations for El Camino Restaurant, based upon positive findings with respect to Section 2.4.5(G)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2nd Avenue - Class III Site Plan Modification Page 8 By Separate Motions: Minimum Twenty- Five Foot (25') Height Waiver. Make a recommendation to the City Commission to approve the waiver request to LDR Section 4.4.13 (17)(1)(a) to allow a minimum 23' building instead of the requirement 25' minimum height, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(13)(5). Site Plan: Approve the Class III site plan modification request for El Camino Restaurant, based upon positive findings with respect to Section 2.4.5(G)(5) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: 1. Sidewalk cafe permits shall be processed and approved separately and are subject to the regulations in effect at the time of submittal of your application. 2. The City Building Dept. has indicated that the bi -fold doors shall not swing into or block the required means of egress. Therefore, the egress doors shall be side - hinged swinging and not folding. This is to be satisfactorily resolved with the building department prior to site plan certification. 3. No customers or employees shall access the property from the north side adjacent to the alley where the folding glass doors are proposed. A minimum four foot (4') high aluminum railing shall be required to assure safety and compliance. 4. A private easement is required to be recorded with PBC prior to site plan certification to allow construction (i.e., alley landscaping, utility connections, utility switch box, etc.) on the adjacent parcel registered under a separate corporate identity by the same owner. Landscape Plan: Approve the landscape Plan for El Camino Restaurant, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition: 1. No removal or relocation of existing landscaping in the public right -of -way of NE 2nd Avenue is allowed. Installation of new landscaping shall only be allowed within the boundaries of the subject parcels included within the development proposal. Any landscaping currently proposed within the NE 2nd Avenue public right -of -way shall be graphically removed from the plans prior to site plan certification. Architectural Elevations: Approve the architectural elevations for El Camino Restaurant, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: • Location Map • Proposed Plans • Waiver Justification Letter Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2 d Avenue - Class III Site Plan Modification Pursuant to LDR Section • defined pursuant to Objective B-2 of • 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 Water and Sewer: ® Water service is existing on -site via an eight inch (8 ") valve within the NE 2nd Avenue right -of -way ® Sewer service is existing on -site via an eight inch (8 ") main within the adjacent alley to the north Pursuant to the City's 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. Streets and Traffic: The development proposal will not significantly impact traffic. The prior submitted traffic statement for the restaurant use indicates that there will be a decrease of 15 daily trips and an increase of 1 AM peak hour trip and no change in PM peak hour trips at build -out in 2016. It is noted that the site is located with the Traffic Concurrency Exception Area and is exempt from detailed traffic pattern analysis. Parks and Recreation Facilities: Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed 2,257.75 sq. ft. of restaurant use and maintaining 1,250.25 sq. ft. of retail use will generate 34.705 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. Schools: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated through the City's storm water drainage system. There should be no impact on drainage as it relates to this standard. Site Plan Review and Appearance Board Staff Report — July 24, 2013 El Camino Restaurant — 15 NE 2nd Avenue - Class III Site Plan Modification Page 10 ' DIP • " • A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D- 2 of the Transportation Element. Not applicable Meets intent of standard X — pending condition of approval regarding railing Does not meet intent C. Open space enhancements described in Policies found under Objective of e Oper Space and Recreation Element are appropriately addressed. Not applicable I X Meets intent of standard Does not meet intent D. The City shall evaluate the effect - have upon an existing neighborhood. If it is determined that the widening or modification w be detrimental and result in a degradation of the neighborhood, the project shall not permitted. Not applicable X Meets intent of standard Does not meet intent E. Development .• be planned manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent adjacent F. Vacant property shall be developed in a manner so that the future use and intensity arc appropriate in terms of soil, topographic, and other applicable physical consideration complementary to - s; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent Site Plan Review and Appearance Board StaffReport — July 24'2013 B � CaminoRestaurant-15NE�� Avenue ' Class III Site Plan Modification Paoe11 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 �� M Not applicable I X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability any stability of residential areas. If it is determined that a proposed development will result in degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable I Meets intent of standard X Does not meet intent Development shall not be approved if traffic associated with such development would create new high accident location, or exacerbate an existing situation causing it to become a h 11 accident location, without such development taking actions to remedy the accident situation. Not applicable I 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. 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Q & O : � \ c� w �3'H�H38,1H21�3a m a 3nNIAV PUZ 3N S I Cl e LI�I�I�AdI�II LN`dl�i�L ® m 02I � e o .. = a mo '?m m Q� o dz �a �z$ w� w� a� s �p r � _ w o6 a£ H E� Q � F4 rd - U 1m °h WN • • Vow 2 S Q v6 .T�.V ITUMlY 9- �L,113_joll ps I R 4 im L_ r - PR YDma 9 Ivi ij L,F Mg= MEN Vow 2 S Q v6 .T�.V ITUMlY 9- �L,113_joll ps I R 4 im L_ r - PR YDma 9 Ivi ij L,F Mg= -------- - - - - -- -711 Z:>"�X VF S A NL CD) Jr CII ZX v -1183V�19 A ie -EFAYUNZ 6 dKn ; Ion NEI zl- o. O wl O 'Am 1� ARCHITECTURE 85 S.E. 4TH AVENUE DELRAY BEACH, FL 33483 PHONE: 561.272.7301 FAX: 561.272.3722 LICENSE NO. AR0013954 BREWERARCHITECTURE.COM July 8, 2013 Candi Jefferson, Senior Planner City of Delray Beach 100 NW 1St Street SM RE: El Camino Restaurante Dear Candi: As per your instructions, we would like to request the following waiver: 1. Relief to LDR Section 4.4.13 (17)(1)(a) which requires minimum building height in the CBD to be 25', due to a miscommunication with the previous Architect and the builder the building was renovated at 23' tall and not 25' tall as was approved by the SPRAB board. Please find a check attached in the amount of $150.00 and consider our request favorable, if there are any questions 1 can be reached at the above number. ly submitted: George Brewer Architect, AR0013954, LEED AP MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: July 31, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 BID AWARD / H & H CARPET OF PALM BEACH COUNTY, INC. ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to H & H Carpet of Palm Beach County, Inc. in the amount of $42,239 to replace tile in the Golf Course lobby and carpeting in the main dining room, offices, bar area, pro shop, and the Louie Suggs conference rooms. BACKGROUND Staff solicited bids for the above subject work. Three (3) bids were received per the attached spreadsheet. The proposal is to replace tile in the lobby eliminating the center carpet section, replacing the dining room, Suggs Room and pro shop carpet with standard roll out carpeting, and replacing carpeting in the office area and bar with modular carpeting (carpet squares) that can be removed and replaced as needed in high traffic areas. The bid includes removal of the existing tile and carpeting. The tile in the lobby is the original tile that was installed when the building was built in 1990 and many pieces are cracked and we cannot find matching replacement tiles, carpeting in all areas is approximately ten (10) years old. Staff considers the low bid unresponsive because they did not include pricing for tile removal and disposal. In addition, staff concerns with the low bidder include: Considered product bid lower grade Staff had concerns that they could complete a project of this size in time period required Sample products appeared to have quality issues Product proposed did not fit with existing d6cor and would require replacement of window treatments and wallpaper boarders FUNDING SOURCE Funding is available in account #445- 4761 -572- 46.10, Building Maintenance. RECOMMENDATION Staff recommends bid award for tile and carpet replacement at the Municipal Golf Course to the second low bidder, H & H Carpet of Palm Beach County, Inc. in the amount of $42,239. d L.! m w fC 0 N C O Z J Q O ro Or m ti n N ti V C CL O d 0 cr �$ cq 88 oS8 w8 8 8 S 8 88 O h d Q V z � W u $ Z O 5 G3 w p w p w w ? ¢ S d M H r H @ V to � � O { cc sn of Z <? h S 0 N N S O N +? N VF N VL m O 4L T t Y 8 Iq m n 1�° n 8 a N rn 8 8 e IJi r n N o0 ao .-i b �b rn Z Y1 rt1 YI n �f Ci a K S 1' N � W z � LL 2 uj O z = W o w 00 O ill Ti zl O+ m C m v H v1 Yn Nf Vt C r m o } O z � a o O Ja � O tw7 w a- f' L1 Wi m ED s s s PS a m w � W u `a d a � � � o v N m ` 0p4 O O D opC D oQS O aQ'pe O pCp `ot aQpe O o DOQ W °d¢ nda a maW o = aw m0 r� wmQ 4woc0 �wmQ ywmQ awoc0 p ,p„�4~ w � p¢ O w 4 pp P w a M� vma¢ H a aza¢ W c7 : vii .nom m MEMORANDUM TO: Mayor and City Commissioners FROM: Brian Shutt, City Attorney DATE: August 1, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 BID PROTEST/ALCALDE & FAY ITEM BEFORE COMMISSION The item before the Commission is consideration of a bid protest from Alcalde & Fay regarding selection of a firm for RFP No. 2013 -46, Professional Federal Lobbying Services. BACKGROUND At the July 16 City Commission Special Meeting, the Commission selected the firm of Becker & Poliakoff to provide Federal Lobbying Services to the City regarding sober houses. Following the July 16 Special Meeting, the City received a protest letter regarding the selection from Alcalde & Fay. A copy of the protest letter is attached for your review. The City's Purchasing Office responded to the bid protest letter from Alcalde & Fay with a denial of the protest; a copy of the City's letter and the City's bid protest procedures are attached. RECOMMENDATION City Attorney's Office recommends denial of the bid protest by Alcalde & Fay. GOVERNMENT & PUBLIC AFFAIRS CONSULTANTS July 19, 2013 City of Delray Beach Purchasing Department 100 NW 1st Avenue Delray Beach, FL 33444 Re: Bid Protest — RFP No. 2013 — 46 Dear Sir or Madam: We are writing to protest the award of Professional Federal Lobbying Services that was made on July 16, 2013. On July 2, 2013, we received an email from the City inviting us to make a presentation regarding Federal Lobbying Services to the City Commission on July 16, 2013 (see attachment 1). As a result, we made arrangements to send our team to Delray Beach (see attachment 2). On July 9, 2013, the City's Purchasing Department sent Becker & Poliakoff and our firm an email that read as follows, "the City Commission does not want the Federal Lobbyist applicants to present at the meeting on July 16, 2013" (see attachment 3). Consequently, we cancelled our flights and informed our local Florida affiliate, Mr. Bill Smith, that he should not attend the July 16 meeting. The Selection Committee's Recommendation Posting, dated July 15, 2013, stated that our firm was recommended for an award of contract (see attachment 4) and the City's Special Meeting Agenda for July 16, 2013, included the "Selection of Federal Lobbyist/Alcalde & Fay" as item number 3 (see attachment 5). Upon a review of the video of the City's July 16 meeting, we learned that a representative from Becker & Poliakoff, Mr. Neil M. Schiller, was allowed to speak during the Public Comment period. Based on the email we received from the City's Purchasing Department on July 9, it was made clear that neither Alcalde & Fay nor Becker & Poliakoff were allowed to make a presentation to the Commission, which is what Mr. Schiller did. What is most disconcerting is that Mr. Schiller made inaccurate and disparaging statements about our firm's Partner, former Florida Congressman L.A. 'Skip' Bafalis, explicitly stating that because of his age he "likely does not practice on a daily basis" and is "likely not as active as he should be." Mr. Schiller's statements about Mr. Bafalis, referring to his age and work 211 1 WILSON BOULEVARD STII FI-00R ARLINGTON, VA 22201 Pif (703) 847 -0626 FAX (703) 243-2974 schedule, both of which are inaccurate, is a matter that we are taking up with Becker & Poliakoff. Quite frankly, we feel that Mr. Schiller has reached a new low by attempting to tarnish the character of not only Mr. Bafalis, but other lobbyists and professionals that work productively in their senior years. In fact, Mr. Schiller sent an email to Mr. Bafalis on July 18, apologizing for his statements (see attachment 6). Mr. Schiller also stated that Mr. Bafalis is a Republican, which is true and was subsequently raised by the Mayor. In reviewing the July 16 meeting video, Mr. Schiller's verbal attack on Mr. Bafalis' age and his mention of his political affiliation became relevant factors in the City Commission's decision. The Mayor referred to the public comment and the "point that was raised" by Mr. Schiller and asked about the pertinence of using a "Republican lobbying firm" to seek a rule change with a Democratic Administration. The Mayor proceeded to ask Commissioners about the relevancy of political affiliation and "whether it was an important criterion." Keep in mind that Mr. Bafalis and our team were told not to make a presentation and therefore the City Commission did not hear that our firm is bipartisan and comprised of African American, Hispanic, and Asian minority partners. We were branded a Republican firm, which we are not, solely on the comments made by Mr. Schiller. In our 40 years, we have never protested an award like this, so this is not something we take lightly. But in light of the foregoing issues raised, we feel compelled to protest the award of Federal Lobbying Services to Becker & Poliakoff. Sincerely, �L 7Kevin Fay President cc: The Honorable Cary Glickstein, Mayor The Honorable Al Jacquet, Vice-Mayor The Honorable Shelly Petrolia, Deputy Vice-Mayor The Honorable Adam Frankel The Honorable Angeleta Gray Louie Chapman, Jr., City Manager R. Brian Shutt, Esq., City Attorney I I When: —Tuesday, July 16, 2013 6:00 P.M. Where: City of Delray Beach Commission Chambers 100 NW I" Avenue Delray Beach, FL. 33444 The presentation will he to the City Commissioner's, Mayor and the City Manager. The City would like, your key staff person that will be the primary person that will. be assigned to this account to give the presentation, if possible. The presentation should be no more than ten (10) minutes ba length, Please submit any power point presentation to the City Tic later than Wednesday, July 10,2013. Any questions, please do not hesitate to contact me. Patsy Nadal, Purchasing Manager (561) 243-7161 Email; Thank you for your interest in the City of Delray Beach. *The TSA requires each traveler's first, middle and last names, gender and date of birth. If the information above is not correct, please make changes Confirmation Numbers Orbitz record locator: PBORB2965138024 US Airways record locator: DMGGCS Flight information View/Modify Seats I Terms and conditions I Fare rules Your flight and seats are confirmed. https:/ lwww.orbitz.com /book/ bookingconfirmation?locators = BBORB4989411804&page Id =ubp3 3 I&moduleView= receipt Page 1 of 2 American Express Total due at booking $807.60 Card number: xes an- Additional baggage fees may apply, Billing Address: 2111 Wilson Blvd This reservation was made on Mon, Jul 8, 2013 3,48 PM CDT 8th Floor Arlington, VA 22201 US Air policies ,and additionall billing information Changes to this ticket will incur change fees. n a V o n Traveler 1 JAMES DAVENPORT Gender: Male Date of birth: Airline Ticket Number: 03773239074194 1 Electronic Loyalty programs: US Airways Dividend Miles Primary phone number: Meal (if available): Standard Traveler 2 LOUIS BAFALIS Gender: Male Date of birth: Airline Ticket Number: 03773239074205 1 Electronic Loyalty programs: US Airways Dividend Miles Meal (if available): Standard *The TSA requires each traveler's first, middle and last names, gender and date of birth. If the information above is not correct, please make changes Confirmation Numbers Orbitz record locator: PBORB2965138024 US Airways record locator: DMGGCS Flight information View/Modify Seats I Terms and conditions I Fare rules Your flight and seats are confirmed. https:/ lwww.orbitz.com /book/ bookingconfirmation?locators = BBORB4989411804&page Id =ubp3 3 I&moduleView= receipt Page 1 of 2 vvvjw.orbitz.com - Booking confirmation - printer version - 7/8/13 4:49 PM , Leave 8 :38 AIVi 11:05 AM non -stop - -.US Airways 1077 Tue, Jul 16 Washington DC OCA West Palm Beach P631 2hr 27min Return 7 11:59 AM 2:15 PM non -stop _ US Airways 1126 Wed, Jul 17 West Palm Beach P`81 Washington DC ! 2hr16min f °eedback http5: / /vvww.orbitz.com /book/ bool(ingconfirmation? locators= BBORB4989411804 &pageld= ubp331 &moduleView= receipt Page 2 of 2 Tl-ta,nks! Danielle M,-.Beth Partner, Almlde-& 2,111 Wilson Boulevard, 8M. f=loor ArlIngton, VA 22'201 (703) 841-0626 phone (703)" ?43 -2874 fax mcbeth,6 l alcalde-fayxom V/ Arriving at West Palm Beach (PBI), Tuesday July 16th @ 11:05 am I've -copied -Sarah, as 1 assn she will be making your travel arrangements. July 8, 2013 3AI PM just wanted y® t® know that Hector approved travel_ f ®r you, fim and Skip for- the` Delray- presentation. I any be okftV—their arrangements and wanted to let you know that that they will be: - -- arriving at West Palm Beach (P I)' Tuesday-jUly 16th @ 11:05 am V/ Staying at LaQuinta West Palm Beach – City Place http:// www,lq.com/lq/properties/propertyProfile.do?propld=2035 VII, Departing from West Palm Beach (PIT, Wednesday July 17th @ 11 -59 am I've copied Sarah as I assume she will be making your travel arrangements. Log in I Join Dividend Miles Book travel Travel tools Dividend Miles Specials Contact US I Search 2 3 Passengers 4 Seats 5 Payment 6 Confirmation Modify search From TO Depart Return Washington, DC (DCA) (Ronald West Palm Beach, Fl_ (PSI) 7/1612013 E Any 7117/2013 Any Adults (15-64) Seniors (65+) Children (2-14) Infants (in seat) Infants (in lap) - Fare options: 2 0 0 Co9ch(Economy Maximum number of stops My dates are Non-stops Set Searchflgh Ys Depart Need help? Call 800-327-7810. OC Natlomfl) VVC' "e'_-'a�h; '�"T 2h Lw a I —ifl I Ls Date: Tuesday, July 16, 2013 F;Igq'a 4' 1 Ardvo s Travi- l Orne Coich F�Vst f v n da b Ckno' '1077 8:38 AM 11:05 AM 2h-27m f� $202 C� $814 $351 S114i _ . ..... . ... I of 2 718113 2:08 PNI 2 of 2 ... >.., r.d.lr .,... Company info Vacations Careers Cars Worldwide Diversity Hotels Privacy (updated) Cruises Settings /Support Flight status 2 of 2 ... >.., r.d.lr .,... T All specials Join Dividend Miles Flights Facebook Vacations Login Web Check -in Twitter Mileage specials Book with miles Flight status e -Saver Earn miles Manage flights Travel agents La Quinta Inn West Palm Beach-- City Place Hotel, FL - Florida Airport Hotels 718113 2:14 PM 07110i201 �jj 07/111201. 7 1. 1 0, "Best Available Rates ......... .......... TrlpA,dvisor Traveler Rating: Based on 130 traveler reviews Ci 2012 TripAdvisor LLC La Wnta Inn West Pa11ril Beach Place 5981 Okeechobee Blvd West Palm - Beach, _FL 33417_ Phone: 1-561-697-3388 Fax: 1- 561 -687 -5175 BAD, is Guest Rooms ® V U USD Rate is per night oniy for the .__.. specified.check- intout -dates _... - -... Get Ori'vinq D rac8ons € Find Local A trxactl'o = NEW! Samsung Flat -panel TVs with 30 channels of HD programming. Easy- access Plug- and -Play feature makes it simple to connect electronics. The La Quinta Inn West Palm Beach - City Place is conveniently located less than 6 miles from Palm Beach International Airport near area beaches, shopping, and entertainment venues. This well- appointed La Quinta hotel offers an outdoor swimming pool and Free Bright Side Br...see more 111.1 ..: de - - a Free Wireless High-Speed - I nternet Access Free Local Calls 11,000 La Quinta Returns ® Free Parking points for a free night stay. Guest Laundry acilities ry l b r J rr.„ - - - - -- ®- Outdoor Swimming Pool - -- a Pets Welcome b li{ Floors :4 All reservations must be cancelled o Rooms: 114 by 6pm local hotel time to avoid e Check -In Time: 3:00 PM being charged one night room rate ® Check -Out Time: 12:00 PM plus local taxes. t1ap data @2013 Driogle a Waffles o Hot and cold cereal ®.Bread and muffins ® Fresh fruit e All -you- can -drink coffee and juice Nest Palm Beach, FL Local Time: 2:13 PM (Eastern) Local Temperature: 85.5 °F http: / /www.lq.com /Iq (properties /propertyProfile.do ?propld =2035 Page 1 of 2 FY[ �' trip cancelled. �_� - _ -/ Fromm: DovvdeL]a'Ana| La -cg— Sent: Tuesday July 09,20134:O4PM To: Skip Bofa|is; Subject: HFP2013-46FeUcra| Lobbyists Presentation Cancelled Sorry for the inconvenience, Purchasing has been informed that the City Commission does not want the Federal Lobbyist applicants to present at the meeting on July 16, 2013. The committee will make recommendations during their meeting nn July 2I,2U13.A decision will be made on July 16,2013, I Page 9 of 1 City Of Deyl�r-ay Deach: RFP Numbpr: 2013.46 Bid open6nq Date: 06,13.2013 Time: 1:00 P I'ari . PROFESS{ONAL FEDERAL LOBBYING SERVICES _... .... __ VENDOR— ' ALCALOE AND FAY —._.. Gavernmeni and Public Relations ifper Month) F 'i6Ck -- Baicri an the 0i serwces, NOTES: Remarks: NovusAGP,NDA ht tpal agenclas. mvdclFaybeach. coi- n/MeetingView.aspx ?Meetiii... Agenda Minutes __Close CITY COMMISSION CITY OF DELRAY SEA CH FLORIDA SPECIALiii�ORItSIIOP MEETING - TUESDAY, JULY 16, 2013 6 :00 P.M. DELRAY BEACH CITY HALL fire City will fhrntsh 7ppr6Fnate, auxiliary aids and services where necessary to afford an mdividuaf with a disability an equal oppottwiity 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 hoots prior, to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to section 3. 12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Special Mecting of the City Commission to be held for the Following purposes: 1. ACTION ON A MOTION TO WITHDRAW A'! APPOINTMENT TO THE CO1Y11@' UNITY R2EDEVELOPMrNS AGENCY (CR2A) BOARD: Reconsider a motion to withdraw Commissioner Frankel's recommendation for an appointment to the Community Redevelopment Agency (CRA) Board. 2, SELECTION O Consider approval of the Selection Committee's ranking and authorize staff to enter into contract negotiations with Ballard Partners, Inc. to provide state lobbying services to the City regarding sober house legislation. 3. SELECTION OF FEDERtAL. LOHiBYis'CIALCALDE & ['AY: Consider approval of the Selection Committee's ranking and authorize staff to enter into contract negotiations with Alcalde & Fay to provide federal lobbying services to the City regarding sober house legislation. 4. R ETTRi Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant (JAG) funds for FY 2014. (A dcden loam) WORKSHOP AGENDA L Vision 2020 Forum Report 2. Public Arts Master Plan Presentation 3. Review of Advisory Boards 4. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any rnatter considered at this rneeang, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based.'hhe City neither provides nor prepares such record. 1 off, 1 7118113 4:55 PM From: Schiller, Neil <NSchiUer@beckepp0|i@koF[monn> To: Skip bGfaks@a|ca/de-fay.cmrn Conversation: K4yapologies Dear Congressman Bafa|is; I will promise you that I am going to use this as an opportunity to learn from and that this will never happen Neil Schiller Neil M. Schiller POLIAKOFF Attorney at Law Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312'6525 954.985.4117 Phone 954.985.6814 Fax Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via em at CAPE(cbbecker-Doliakoff.conn. 46116 DELRAY BEACH All- AmerieaCity III111.1 Alcalde & Fay Kevin Fay, President 211 Wilson Blvd. — 8th Floor Arlington, VA 22201 July 26, 2013 RE: RFP No. 2013 -46 Professional Federal Lobbying Services Protest Letter Dated July 19, 2013 Dear Mr. Fay; The City of Delray Beach respectfully acknowledges your correspondence dated July 19, 2013 regarding the Federal Lobbyist Selection Process. In response to your letter, please note the following: In light of the new Florida State Statute SB50 effective October, 1, 2013, the Delray Beach City Commission, on April 16, 2013, adopted new rules which provided for the public to speak on any subject for up to three (3) minutes during a Regular City Commission Meeting as defined in "Rules for Public Participation ". After careful review of the July 16, 2013 Regular City Commission, it has been determined that Mr. Neil Schiller, Becker & Poliakoff, did not give a presentation as your firm claims. However, Mr. Schiller did exercise his right to provide public comment in compliance with "Rules for Public Participation ". Regarding the email sent to your firm from the City of Delray Beach dated July 9, 2013, the following statement was included: "...City Commission does not want the Federal Lobbyist applicants to present at the meeting on July 16, 2013." The email does not state that your firm was barred from attending the meeting and provide public comment in accordance with "Rules for Public Participation." The City of Delray Beach utilized a ranking process in the Federal Lobbyist selection process which focused on: responsiveness, fee structure, location and past experience. Both Alcalde & Fay and Becker & Poliakoff ranked equally with the exception of location (Becker & Poliakoff have offices in the tri- county area: Miami, Fort Lauderdale and West Palm Beach). The Federal Lobbyists Recommendation Posting dated July 15, 2013 did propose Alcalde & Fay as the recommended firm. Bear in mind that the recommendation was subject to the following: PENDING CITY COMMISSION APPROVAL 07.16.13 @ 6:00 PM as stated on the recommendation posting. In conclusion, l would like to thank you for your letter of July 19, 2013; although your proposal was respectable, it was determined not to be the most advantageous proposal for the City. Therefore, your protest is denied. Thank you for bringing your concerns to my attention, and I hope this decision does not dissuade you from competing for other City contracts in the future. Sincerely, Patsy N al, Purchasing Manager Cc: Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Davis Boyd, Finance Director SECTION XV BID PROTEST PROCEDURE The following is the procedure which shall be followed for all protests of formal, sealed bids or proposals. D. In order to be considered, protests concerning the bid or RFP solicitation or award must be filed in writing with the Purchasing Officer, and may only be filed by bidders who may be aggrieved by the solicitation or award. Protests shall be addressed to: Purchasing Officer 100 N W 1 Avenue Delray Beach, FL 33444 E. The time limit for filing a protest is five (5) calendar days from the date bid results become public information. F. No action to award a bid under protest will be taken until either the protestor withdraws the protest, or the City Commission determines the protest is without merit, and approves the bid award. G. Upon receipt of a timely protest, the Purchasing Officer will review the protest, consult with appropriate City staff, and issue a written finding (Approved by the City Manager and City Attorney) within twenty (20) working days of receipt of the protest. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. If the protest is found to have merit, appropriate action to correct the situation will be taken. H. The written finding of the Purchasing Officer shall be sent by United States mail to the address of the protestor as set forth in his bid documents, and receipt of this notice shall be deemed to occur within five (5) calendar days from the mailing of the notice. If the City Manager finds no merit in the protest, and does not direct alternative action of staff, the recommendation of staff in the written findings of the Purchasing Officer shall be placed, along with the recommended bid award, on a City Commission agenda for Commission action. The protestor may appear at the Commission meeting and state his protest; however, the City Commission shall be free to award the bid and enter into an agreement. 53 EITY OF OELRRY BEREH DELNAV hEACH C ii Ati- AMericaMy F RULES OF PROCEDURE - DELRiiAY BEACH CI"I`Y COMMISSION L GENERAL PARMAMEMARY RULES. The general parliamen" procedure to be followed by the City Commission of the City of Delray Beach, Florida, except as otherwise modified by the City Commission or as modified. or amended herein., shall be. in accordance with the rules of parliamentary piocedutes entitled' Uoberes Rules of Order", being the reprint of the 1907 edition. II. LOCAL RULES. A. The following Local Rules of Ptocedute shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Delray Beach„ Florida. To the extent these Local Mules shall modify or conflict with die standard " Robert's Rules of Order" as adopted above, these Local Rules shad prevail to the extent of their conflict or inconsistency With ,Robert's Mules of Order". In addition to these local rules, rules for quasi judicial proceedings shall apply to proceedings which require quasi judicial hearings. Regular meetings of the City Commission. shall be held on the first and third Tuesdays of each month, with the exception of the month of December and any Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month of December only, the regular City Commission meetings shall occur on the fast and second Tuesdays at 6.00 pm. at City Hal Thete shall be no regular City Commission meeting on the date of a Delray Beach municipal. election. A meeting that would otherwise have been scheduled for such date shall be held on the Thursday immediately following the election at 6:00 p.m. at City Hall. 2. Workshop meetings of the City Commission shall be held on the second Tuesday of each month at 6.00 pan. in City hall, except that there shall be no workshops in the month of December. I All regular City Commission m&ctings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission. All workshop City Commission meetings will be held in either the First Floor Conference Room or the Commission Chambers at City HA as dctennined by the City Manager. All meetings of the City Commission shall end by 11:00 p.m. unless .� E extended beyond 11:00 pm- by a majority vote of the City Commission. Thereafter, the meeting shall end upon the conclusion of each hour (12:00, 1.00, etc), unless eytended by a majority vote of the City Commission for each hour. Anv unfinished business shall be considered at a time and place set by the City Coininissiorn. 4. These may also be special woik;;hop meetings at such other Lu mes as so debignated in advance by the City Commission foi the purposes of holding joint meetings with City boards, etc_, to include receiving annual reports and presentations from the Citds boards, comim tees, agencies and authoifftie-s, or for such other purposes as may be deemed necessary or desirable by the City Commission. 5. Special meetings shall be called at the request of the Manor in accordance vnth the proviamons of the City Chatter and the Code of Ordin=ces. 6. To the extent compatible with the conduct of business, all wv*shop meetings shall be held on an iufotmal basis. The applicability of the City'9 general rules shall not be stdcdT- applied Public comments after presentations will be Merited to three (3) minutes at the hfayc�r's disctetton oi: by consensus of the City Commission. Presentations made at wotlishop meetings shall be hi ted to fifteen <15) minutes, unless the CoMMI .6 % by consensus; agrees to extend the time. In the event there is At special meting agenda during a - workshop meeting, public comment t o only the special meeting agenda items, not to exceed 3 minutes pea person m total, shall be allowed prier to the start of the special meeting agenda. 7. Although appropriate merubers of the City Attorney's Office and City Administration may place steins cm either the woAshop or the regular agendas, all regulat agendas shall be subject to review in advance by the Mayot prier to their publication, except that a malotity of the members of the City Commission may request that the City Manager's off x place or remove an item on such regular agendas, and that all such regular agendas shall be futthei. subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission oz any of its members wish to place or remove an item on an agenda, or if any nwmibet of the t oroimvssic n has a question or concein about an item, any such request or imm,quity shall be directed to the City Manaaget's office for disposition as opposed to an-; Commission rnembe.i= contacting any City officer or employee who is subject to the direction and supervision of the City Nfanager. S. With regard to the agenda far regiiar City Commission meetings, time following shall apply: a. To the extent possible, the City Administration shall group all :matters by subject area, and shall place as many as possible on the consent pottion of the agenda. b. The agenda format shall be generally as follows. A call to order, invocation, pledge of allegiance, fot-mal -Approval of minutes, and pwserztations, if any, public comiTients and inquiries from the floor, formal approval of the agenda., the consent agenda, the regular agenda, public bearings, first readings of ordinances, followed by items not specifically on the published agenda from the City Mamages, the City Attorney, and members of the City, Commission The public comment and inquiry portion shall not extend beyond 7:00 p.m. and in the event there are persons who have not been able to voice their comments prior to 7:00, the public comment portion shall resume after the public hearing segment of the agenda. The public heating segment of the agenda shall be duty advertised for and shall commence at 7.00 p.m. or as soon thereafter as possible. c. Any items received during the public comment portion of the regular agenda may, at the discretion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, at may be added to a subsequent workshop agenda if a member of the City Commission so specifically requests. d. (1) Votes taken on ordinances, resolutions and motions shall be by toll call and shall be recorded by the City Clerk The roll call shall be on a rotwting basis and according to the numbered Commission seats, i.e.; Motion A — Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B — Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C — Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc.. (2) There shall be no votes taken on any non published /non- agendaed. items, except upon the declarations of an emergency. The declaration of emergency shall only be determined upon the affirmative vote of no less than four (4) members, or a unanimous vote if only three (3) City Commission metnbers are present and voting on such motion.. These rules ate not intended to and shall not supersede the procedures and requirements of the City Charter, Code of Ordinances or State Statute with regard to emergency matters fot consideration by the City Commission. e. All public comment on agendaed or non- agendaed items shall be limited to not more than three (3) minutes, in total, per person, subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension, of tune, Public comment on quasi-judicial items and items that have been set for a formal public heating shall only be allowed when those itemz are specifically heard by the Commission. f The Mayor shall have the authority to limit immaterial, unnecessary or redundant presentations or requests. IH. CITY BOARD, —_ COMMITTEE, COMMISSION AND AGENDA "POMMEN'T5. A. All appointments to city bnatds, commissions and committees whose metnbers ate not subject to appointmeax by other entities, and in accordance -with any applicable restt i tions by State S atute, shall be made in accordar ce with the f61)v yng pa ocedutes: 1. All vacancies subject to appointment to such city boaxds, commissions and committees shall be made on a nomination basis by each of the members of the City Cos: witssion. 'Iles unmination shall be construed to be a Motsc n to Appoint, %hich must be seconded by another member of the City Commission then present and voting, and then adopted by an affirmative vote of no less than theee (3) votes. A Cotrimissionet may defer an appointment to the nest regular sheeting. If a Commissioner is not ready to make an appoint rent at the nest ingulat meeting then the nomination shall notate to the nett appropriate Commissioner, If a Commissioner makes a nomination/motion and this motion either fails for lack of a second or does not ,receive a sufficient number of a�Emattve votes. then that Ct+samissionu shall hat e one additional opportunity to make a secondary nomination for this vacancy at this same meeting or tine next successive regular meeting, If ghat appomtsaent should also fail fax lack of a second to the nomination of by not receiving ,z ffcicmt affirt ative votes, then the nommimtion shall rotate to the newt apprcTriate Commissioiner. 2. The rotation system shall be by numbered Coxrmossion seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these miles, i.e.: Board A — Crider of Roution. Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B -- Order of Rotation; Seat:;, Seat 3, Seat 4, Seat 5, Seat 1 Board C — Order of Rotation; Seat 3, Seat 4, Seat 4, Seat 1, Seat 2 3. A separate rotation list shall be established by the City Clerk's office for each such City board, commission or committee, and the City Cl.eik's office shall maintain xecordb of the rotation list, the status of same, and the nominattcns made by each Comiiiissioner. In the instance whew a vacancy is available at a City Commission meeting where the Commissioner who is nex.-t on the rotation is absent, then the City Commission shall postpone this appointment to the next tegvlat meeting. Should this Commissioner not be present at the subsequent sheeting, then the not aination ability shall pass to the next Coiu=ssionet on the rotation system present at that meeting 4 In the event that as mclivldual, duly nominated and appointed to a board, cumv ission or conxxttee by it Commissioner at a City Co==ssioxs meeting, is unable to accept or declines the appointment, fim wbatevet reason, then the Coininissionct who appoinwd the in&,idual unable to serve shall have the opportunity to nominate a replacement appointee to 0 the vacaticv before the nomination abslitg passes to the next Coinsnissionex on the rotation system, Such xeplaceinent appotntmeat skull be made no later tksan the second regulax meeting subsexluent to the meeting at which the declined appointment vvas made. If the teplacetnent appointment is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system- 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not UBkd their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only. 6. The City Commission retains the tight to waive these requirements by the affirmative vote of no less than four (4) members of the City, Commission undet circumstances that would be in the nest interest of the City (or a unanimous vote if only three members of the City Commission are present and voting on such motion). 7. 'These rules,' when adopted, shall supersede: any other general rules or local rules which are inconsistent berewith, to the extent of such inconsistency. TV. CI'T'Y MANAGER /CITY ATTORNEY ANNUAL REVIE4�1. The City Commission shall annually, in the month of May, conduct a performance evaluation and salary review of the City Manager and City Attorney. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Regular Meeting held on Apnt116, 2013_ ATTEST: Chevelle D. Nubia, MMC City Clerk Home > Committees > Committee Publications > 2013 Bill Summaries > Sill Summary CS /CS /SB 50 — Public Meetings by Rules Committee; Governmental Oversight and Accountability Committee; and Senators Negron and Evers This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. Prepared by. Governmental Oversight and Accountability_Committee (GO) Neither the Florida Constitution nor the Sunshine Law specifies that members of the public have the right to speak at public meetings. This bill creates a new section of law that requires members of the public to be given a reasonable opportunity to be heard on a proposition considered by the board or commission of a state agency or local government. Such opportunity does not have to occur at the same meeting at which the board or commission takes official action if certain requirements are met. The bill excludes specified meetings and acts from the opportunity to be heard requirement. The bill authorizes a board or commission to adopt certain reasonable rules or policies governing the opportunity to be heard. If a board or commission adopts such rules or policies and thereafter complies with them, it is deemed to be acting in compliance with the section. The bill authorizes a circuit court to issue injunctions for the purpose of enforcing the section upon the filing of an application for such injunction by any citizen of Florida. If such an action is filed and the court determines that the board or commission violated the section, the bill requires the court to assess reasonable attorney fees against the board or commission. The bill also authorizes the court to assess reasonable attorney fees against the individual filing the action if the court finds that the action was filed in bad faith or was frivolous. The bill excludes specified public officers from such attorney fee provisions. If a board or commission appeals a court order finding that it violated the section and the order is affirmed, the bill requires the court to assess reasonable appellate attorney fees against the board or commission. The bill provides that any action taken by a board or commission that is found to be in violation of the section is not void as a result of such violation. Finally, the bill includes a legislative finding of important state interest. If approved by the Governor, these provisions take effect October 1, 2013. Vote: Senate 40 -0; House 113 -2 CITY OF DELRAY BEACH RESPONSE TO PROFESSIONAL FEDERAL LOBBYING SERVICES RFP NO. 2013 -46 BID OPENING: June 13, 2013 SUBMITTED BY BKI<,..ER&---1 POLIAKOFF Legal and Business Strategists ORIGINAL GOVERNMENT LAW AND LOBBYING TEAM Becker & Poliakoff, P.A. is deeply rooted in South Florida and has strong ties to the City of Delray Beach and Palm Beach County. Becker & Poliakoff has twelve offices throughout Florida (Fort Lauderdale, Miami, West Palm Beach, Sarasota, Orlando, Tallahassee, Fort Walton Beach, Tampa Bay, Fort Myers, Miramar, Stuart and Naples). Becker & Poliakoff provides its clients with legal services in seven primary areas of law including homeowner and community association; civil and complex commercial litigation; construction; real estate; custom and international trade; government law and lobbying; corporate and securities law plus other areas such as offshore asset protection, tax, and estate planning; land use and zoning; technology and telecommunications; intellectual property; collections and foreclosure; gaming, bankruptcy and financial restructuring; and more. The full resources, experience and staff of Becker & Poliakoff will be available for consultation on federal lobbying issues on an as needed basis. The firm's offices allow the attorneys and staff strong ties with business, political and civic leaders and the ability for us to serve as leaders in various community organizations. In Washington, D.C. we represent a wide variety of private, public, and non -profit organizations before the Legislative and Executive branches. In addition, the Firm attorneys and lobbyists have been working with elected officials for over twenty years. Becker & Poliakoff has the required qualifications, experience and relationships to best serve the interests of the City of Delray Beach and its citizens in Washington, DC. Government law and lobbying is and has always been a core practice for Becker & Poliakoff. Several firm attorneys currently serve or have served in government positions (local, state and federal), giving the Becker & Poliakoff team significant first -hand working knowledge of government practices and procedures. In addition, the firm has been active in Florida for over 30 years_ Several current members of congress, including Representatives Ted Deutch and Debbie Wasserman Shultz, Senator Bill Nelson, and Senator Marco Rubio have been strong advocates for local issues and we have had the pleasure of working with them from the time they were local politicians. • Founding Partner Alan Becker served in the Florida Legislature in the 1970's and has maintained a strong network of contacts at the highest levels of government and business. • Shareholder Bernie Friedman served as Chief of Staff to a South Florida Congressman. • Shareholder Yolanda Cash Jackson works very closely with key Members of the Congressional Black Caucus including Representatives Jim Clyburn, Bennie Thompson, Donna Christensen, Marcia Fudge and of course BECKER& -1 POL[AKOFF Legal and Business Strategists Floridians Corrine Brown, Alcee Hastings and Frederica Wilson. As such, our team has many years of experience working with Members of the Florida Congressional delegation on a wide variety of issues. Our firm has one of the strongest relationships with the Florida Congressional Delegation of any government affairs firm in Washington, D.C. Our team members left Capitol Hill from senior positions with the Florida Delegation and continue to enjoy strong relationships with members and staff from both sides of the aisle. The hallmark of our success has been in establishing and maintaining relationships with key Congressional Members and committee staff and Members of the South Florida delegation. As former Chiefs of Staff, we deal with a broad array of offices from both the Republican and Democratic Caucus. Because we are still fairly fresh off the Hill, these relationships are still strong and many of the members and staff are still in Congress. Becker & Poliakoff represents the following clients at the federal level: Algenol Biofuels, Bethune - Cookman University, Blessings International, CanAm Enterprises, City of Davie, City of Hialeah, City of Hialeah Gardens, City of Miami Gardens, City of North Bay Village, City of Opa- Locka, Dade Medical College, Deval LLC, EB -5 South Florida Regional Center, Florida Memorial University, Gold Coast Florida Regional Center, Intuit, Jetaire Aerospace and Technology, Friends of the National Museum of the America Latino, Meridian Partners, Palantir Technologies, Palm Beach County, Realauction.com, Secure Wrap, STS International, University of Southernmost Florida. Team members for the City of Delray Beach: ,mar Franco is currently a lobbyist in Becker & Poliakoffs overnment Law & Lobbying Practice and is the Managing Director the Washington D.C. office. Omar began federal lobbying in 1999 hen he became Director of Governmental Relations for the niversity of Miami's School of Medicine. In 2001, University of [iami President Donna Shalala promoted him to Assistant Vice resident of Governmental Relations where he represented the niversity at both the federal and state levels. In 2003, Omar was named Chief of Staff for Congressman Mario Diaz - Balart (R- FL). Omar held this position for over four years, managing the Congressman's Washington D.C. and district operations and closely counseling the Congressman in his areas of expertise which include federal appropriations, health care, transportation, higher education and issues dealing with Hispanics and the state of 21Page BECKER& —' POj iAKOFF Florida. During his tenure, Omar assisted in founding the Congressional Hispanic Conference and the Congressional Hispanic Leadership Institute. In 2007, Omar joined Petrizzo Strategic Group where he was the lead government relations consultant for Florida Gulf Coast University, Secure Wrap, Medica HealthCare Plans, and the municipalities of Hialeah, Miami Lakes and North Bay Village. Over the last three years he has worked on federal issues for the Miccosukee Tribe of Florida, Stratus Pharmaceuticals, Pacer Health, FalconTrust Air, CN-L Financial Group, Charter Communications and Frontier Communications. Omar founded Franco Government Relations in 2010 and still represents the municipalities of Hialeah and North Bay Village. His current client list at Becker & Poliakoff includes Intuit, Algenol Biofuels, CanAm Enterprises, EB -5 South Florida Regional Center, Gold Coast Florida Regional Center, Realauction.com, Palm Beach County, FL and the municipalities of Hialeah Gardens FL, Davie FL, among others. Omar currently represents many Hispanic owned companies such as Dade Medical College, Secure Wrap, DEVAL LLC, Hi- G -Tek, Meridian Partners and the Friends of the National Museum of the American Latino. Omar began his government service in 1993 as the District Legislative Assistant for Florida State Representatives Art Simon (Democrat) and Annie Betancourt (Democrat) and then Florida State Senator Mario Diaz - Balart (Republican). He also worked as a Field Office Director for the Florida Medical Association before joining the University of Miami. Omar works with many Hispanic organizations that promote diversity and look to offer a voice to Hispanics in Washington and the country. Omar serves as President of the Hispanic Lobbyist Association (HLA) after having served on the Board of Directors for several years. Omar also sits on the Corporate Advisory Board of the Congressional Hispanic Leadership Institute (CHLI). Because of his work on numerous Hispanic issues, he was recently named by Latino magazine as a Power Player for 2013. Clarence Williams is a lobbyist in the firm's Government Law & Lobbying Practice Group in Washington, D.C. A former Chief of Staff for Congressman Kendrick B. Meek of Florida, he served as the Congressman's chief policy advisor and strategist on all issues before the U.S. House of Representatives. He directly managed the Congressman's portfolio of issues relating to the Committees on Ways and Means, Armed Services, Homeland Security, and Budget. 31Pa`c BECKER& -' POLIAKOFF Legal and Business SVategists On Capitol Hill, Clarence specialized in issues involving health care, armed services, taxation, alternative energy, local government issues, and domestic and international trade. He is uniquely qualified in issues relating to health care reform, having logged well over 100 hours in briefings, consultation, and collaboration on legislative language with Ways and Means and House leadership staff on the Patient Protection and Affordable Care Act. Additionally, he was actively involved in the passage of several pieces of tax policy, including a delay of a 3% tax withholding requirement for most procurement by local governments. Clarence holds a "Top Secret" security clearance and has extensive experience working with the Department of Defense on issues ranging from policy and procurement to logistical planning in the aftermath of various natural disasters including Haiti. As primary liaison for Mr. Meek to appropriations staff, Clarence shepherded nearly $53 million directly to South Florida local governments, nearly $20 million to educational entities, and over $13 million to South Florida hospitals and community centers. As well, he negotiated with Heath and Human Services (HHS) Secretary Kathleen Sebelius to advance payments totaling $12 million to Jackson Health Systems to help avoid shut down of this important institution. Clarence jointly oversaw activities associated with Congressman Meek's chairmanship of the Congressional Black Caucus Foundation, specifically handling issues relative to legislative policy. In that capacity, he often coordinated events with the National Association for the Advancement of Colored People (NAACP), 100 Black Men, the Urban League, the National Medical Association, and numerous other African American - serving organizations and associations. Helena Ramirez is the department assistant for Becker & Poliakoffs Government Law and Lobbying team in the Washington, D.C. office. Working closely with clients from various sectors Helena assists in advancing the firm's client's federal interests and monitoring legislative and regulatory issues that impact their various industries. Prior to Becker & Poliakoff, Helena worked for the Congressional Hispanic Leadership Institute in Washington, D.C. where her focus was to help the organization reach the multitude for the advancement of the Hispanic community. She managed programs directed at leadership development, congressional outreach, and international outreach. 4 I BECKER& -' POLIAKOFF Legal and Business Strategists Becker & Poliakoff understands that issues and project may arise at the last minute and without notice. That is why constant communication with both the DC office as well as local liaisons allows our firm to be available and adaptable to the needs of the City. The City of Delray Beach will have access to all the team members assigned to your account both at the office, on their cell phoneslPDXs, and at home when necessary. Your calls will not go unanswered. The Becker and Poliakoff team will be available 24 hours a day/7 days a week. 51 r- Lr BECKER&-' POLIAKOFF Legal and Business Strategists Becker & Poliakoff will assign Omar Franco as the project manager. As such, Omar will deal primarily with the Congressional members and their staffs. Clarence Williams will assist Omar and will be assigned to deal with the federal departments and agencies and also assist with the Congressional offices. Since 2008, Omar and his Washington DC team has successfully represented the following municipalities • Davie, FL (2013- present) • Opa- Locka, FL (2013 — present) • Miami Gardens, FL (2012- present) • Palm Beach County, FL (2011— present) • Southwest Ranches, FL (2011— 2013) • Hialeah Gardens, FL (2010 present) • Hialeah, FL (2008 — present) • North Bay Village, FL (2008 — present) • Miami Lakes, FL (2008 — 2011) • Miccosukee Tribe, FL (2007 — 2010) 1) Represented a client before any Federal Administrative Agency; The entire Becker & Poliakoff team is engaged on a daily basis in support of or opposition to various statutory (Congressional) or regulatory (Executive) policy proposals of critical interest to either our clients or the public at large. Many of these efforts have ultimately resulted in significant savings, operational adjustments, or increased protections for both clients and the consumers involved. Examples of current work with federal agencies include: • Department of Housing & Urban Development (HUD) to seek a waiver for the new Executive Director for the Hialeah Housing Authority; • Department of Housing & Urban Development (HUD) to seek the rebid of a national loan servicing contract; • Department of Housing & Urban Development (HUD) regarding clarification of their interpretation of the Fair Housing Amendments Act regarding sober houses; Wage BECKER&—' POl IAKOFF • Transportation Security Administration (TSA) to promulgate new rules and regulations for the baggage wrapping industry in the U.S.; • U.S. Citizenship and Immigration Services (USCIS) regarding the EB -5 Immigrant Investor Program; • Food & Drug Administration regarding the time frame for holding an imported product; • Department of Education changed to their gainful employment rules for private for - profit colleges and universities; • Internal Revenue Service and the implementation of the Free File program; • Department of Interior process for transferring private property into trust; • The Department of Defense on issues concerning logistics, IED technology and securing their fuel fleet. Recently, for the City of Opa -Locka we represented the city in its fight to save the Opa Locka Executive Airport from an FAA decision to close its control tower along with 177 other airports around the nation. We were successful in mounting a case and strategy that made Opa Locka one of only 24 airports to be spared from tower closure. As well, the City found itself a victim of sequestration as a wastewater infrastructure grant was canceled due budgetary concerns. Working with the U.S. Environmental Protection Agency, the Florida State Revolving Trust Fund, and the Office of Congresswoman Federica Wilson, we were not only able to reinstate the grant award from the EPA, but were able to secure an additional $1.2 million from the State of Florida for two other pressing infrastructure projects. Because we currently represent many clients at the federal level, we have established direct relationships with key federal agency officials who are in positions to guide funding levels, program decisions, advisory board appointments, award processes with an emphasis on the Department of Defense, the Department of Homeland Security, the Department of Energy and the National Institute of Standards and Technology. In addition, we have worked with the following Departments and agencies on funding and regulatory issues: Education, Agriculture, NOAA, FEMA and Transportation_ 2) Represented a client in a matter related to the Fair Housing or Fair Housing Amendments Act; 7 I BECKER&-? POLIAKOF_F Legal and Business Strategists Currently, we represent Palm Beach County and we have been asked to seek clarification from the U.S. Department of Housing and Urban Development (HUD) concerning their interpretation of the Fair Housing Amendments Act regarding sober houses. While there has been a joint statement put out but both the Department of Justice and the Department of Housing and Urban Development, the County feels there is an urgent need to clarify the Fair Housing Amendments Act by the HUD Department and its application to sober homes. Since the County feels that the courts have applied the Act inconsistently, a great burden has been placed on local governments because of an over - concentration of sober homes in single - family residential communities. As a result of this inconsistent application, there is confusion regarding the rights and abilities of local governments to apply their local regulations to these homes. With a lack of oversight of sober homes, there has been increasing abuse and exploitation of the residents. Therefore, a clarification from HUD regarding what actions may be taken to protect the safety of the residents of these homes is highly recommended. Palm Beach County is also suggesting that HUD clarify its interpretation of the Act as it applies to Single Family Zoning Districts. One such recommendation for clarification would be for HUD to provide a better definition of "currently using drugs or alcohol ". Another clarification of the Act could provide limitations on sober homes in any one single family zoning district to account for frequent turnover in sober house dwelling units resulting from quick and frequent changes in residents' status. To address this concern, HUD could clarify the Act to provide an allotted percentage of sober houses to non -sober houses within each single family zoning district or by limiting them by location (i.e., no closer than 500 feet from one another) in order to avoid overconcentration of sober houses. Finally, HUD could provide clarification that sober houses must comply with the local zoning regulations pertaining to the number of unrelated persons allowed per dwelling unit and/or the number of allowed turnovers in occupancy of a dwelling unit without requiring that a reasonable accommodation must be granted for single family zoning districts only. This would allow someone with a disability an equal opportunity to use and enjoy a dwelling without fundamentally altering the zoning scheme of a single family zoning district. 3) Represented a client in a matter related to the Americans with Disabilities or Americans with Disabilities Amendments Act; We have not nor do we currently represent a client in matters related to the Americans Disabilities or American Disabilities Amendments Act. 4) Represented a client in seeking a change of clarification of any Federal Administrative Agency rule. BECKER& —) Last year, we represented the International Bank of Commerce (IBC), a Texas - based financial institution that sought a change in administrative rules to expedite agency inquiries into individual banking entity practices. In IBC's case, an inquiry which should have taken weeks instead dragged on for nearly two years, halting the banks aggressive growth strategy, by rule, until conclusion of the inquiry. On behalf of IBC, we proffered legislative language that would create agency standards for the investigation, appeal, and ultimate determination of agency inquiries_ As a result, the Federal Reserve, Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation, have reviewed their procedures and instituted changes, including implementation of timetables for investigation, resolution, and any subsequent appeal of agency inquiries and determinations. Changes will also include a standard assessment of the risk associated with allowing an institution to proceed with their business strategy while under an inquiry, rather than a blanket assessment that all inquiries, no matter how minor, require cessation of all major business transactions. IBC's inquiry has since been successfully concluded with no finding of fault or questionable practices. 5) Created or assisted in creating any Federal Administrative Agency rules; and/or We currently represent Secure Wrap, the worldwide leader in baggage protection services for air travelers, specializing in check -in luggage security. Founded in 1959, the business calls for a wrapping machine and its attendant to be situated in areas where airline passengers gather before checking in and securing their baggage from theft or damage. After the tragic events of September 116, 2001, the industry has worked closely with air carriers, airport operators, the U.S. Department of Homeland Security (DHS), the Transportation Security Administration (TSA), the U.S. Congress and the U.S. Department of Commerce to properly evaluate, test and promote baggage wrapping for the protection of passenger's check -in baggage. In October 2003, Secure Wrap became the only baggage wrapping service to be approved by TSA to be an integral part of Airport Security Plans (ASP) and to place baggage wrapping machines in sterile areas, allowing the re -wrap of baggage that must be opened for inspection. However, after successful resolution with Federal Security Directors (FSD) at MIA, JFK, Puerto Rico and most recently Houston, Secure Wrap found resistance to baggage wrapping from many FSD's around the country since TSA has in place an ad hoc policy for dealing with baggage wrapping currently provided by private vendors at these airports. As a service typically permitted by the airport owner /operators, Secure Wrap is concerned by the lack of uniform national public rules and regulations by which airports may solicit suitable vendors for this 9 1 P a g e BECKER &—' POLIAKOFF Legal and Business Strategists service. This leaves open the possibility of security issues not being addressed by local authorities when unqualified vendors bid for such services. In the absence of national standards promulgated by TSA, an undue burden is placed upon the concerned airport's Federal Security Director and the airport authority letting such contracts. Omar began working with the House Homeland Security Committee and helped to draft enabling language in the TSA Reauthorization legislation authorizing TSA to promulgate public national uniform rules for the U.S. baggage wrapping industry. In the bill that passed out of the House Homeland Security Committee in the last Congress, two sections were included to specifically deal with this issue of baggage wrapping. We also worked closely with TSA on behalf of Secure Wrap to draft a set of rules that would not only meet our national security standards, but would also allow for a much needed nascent industry to grow and thrive in our domestic airports. 6} Created or assisted in creating any Federal laws related to Fair Housing or Disabilities. As stated above, we are currently working with Palm Beach County on this issue related to sober homes. However, this issue has only recently been brought to our firm and we have only now started to reach out to the HUD Department. Therefore we have not created or assisted in the creation of any federal laws related to the Fair Housing or the Disabilities Act. In conclusion, while we deal with many federal agencies in a daily basis, we leverage most of our work by working through Congressional offices. Because of our relationships, we either work with the constituent's Congressman and/or Senator or, as in many cases; we also work with member offices and committees that have jurisdiction and oversight over the specific federal agencies. In this manner, we are better situated to successfully implement the changes that our clients are seeking. Also, by approaching the agencies in this manner, they would have the assurance that Congressional intent would be followed in the changing or promulgation of any new rules. This is how our team at B &P approaches the federal agency work and we have been very successful in advocating for changes by using this process. 101Page BECKER& -' POL[AKOFF Legal and Business Strategists CITY OF DELRAY BID SIGNATURE FORM RFP No. 2013-46 Professional Federal Lobbying Services PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO DO SO SHALL BE CAUSE FOR REJECTM OF YOUR PROPOSAL) The undersigned bidder certifies That this bid package is submitted in accordance with the.spcciiication in its eutirety and with Cull understanding of the conditions governing this bid. Becker & Poliakoff, P.A. *Name of Bidder (Firm Name as Registered with their State of origin) Business Address: 1275 K Street, NW, Suite 850 Street Address (P.O. Box Address is not permitted) Washington, D.C. 20005 City, State, Zip Mailing Address. ® Check if Sarre as Business Address above Street Address City, State, Authorized Signature (Written) Omar Franco, Managing Director Print Name and Title of Person Signing this Form June 1, 2013 202.621.7122 202.559.8750 Date Telephone 1 Fax No. Email Address of Authorized Sig nee: OFranco@becker-poliakoff.com VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF .ORDER Omar Franco CONTACT NAME: TELEPHONE: 202 ) 621.7122 EMAIL ADDRESS: OFranco @becker- poliakoff.com Thank you for your interest in the City of Delray Beach 151Po ,ie COME OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence ". The "Cone of Silence" is in effect from the dateltime that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the posting of the "RECOMMENDATION" of award. However, bidders may communicate with City employees who are present at the mandator re -bid meeting during the actual re -bid meeting. Once the re -bid meeting is over, bidders may only communicate wlth employees of the Purchasinq Division. Contractor's Name Becker & Pol iakof f , P. ASignatur�— ®1 SCHEDULE OF PRICING RFP NO. 2013 -46 Professional Federal Lobbying Services Pricing is to be all inclusive of costs and expenses to be paid monthly to CONTRACTOR within thirty (30) days of submission of any invoice to the CITY. 3,000.00 COMMENTS: Please see following page. (per month) Vendor Name: Becker & Pol iakof f , P.A. BECI<ER� POLIAKOFF Legal and Business Strategists MEMORANDUM TO: City of Delray Beach FROM= Omar Franco DATE= June 1, 2013 RE= Schedule of Pricing RFP No. 2013-46 In consideration of the foregoing professional federal lobbying services, the City of Delray Beach would agree to pay Becker & Poliakoff, P.A. $3,000 per month, totaling an annual fee of $36,000. Becker & Poliakoff, P.A., if selected, agrees to sign a formal agreement in the standard form currently used by the City of Delray Beach for professional services. Any expenses incurred by Becker & Poliakoff, P.A. in the representation of the City of Delray Beach will be included in the monthly retainer. These will include meals, local transportation, lodging, business expenses, messenger and long distance services. Travel outside of the Washington, D.C. metropolitan area will be reimbursed only if authorized in advance by the City of Delray Beach. The cost basis of this RFP is derived from our years of experience in working with other municipalities and an estimate of how many hours will be required to successfully perform the scope of service_ In addition, Becker & Poliakoff, P.A. is also available to provide other legal services from customs and international trade, corporate and securities, business litigation, to real estate and other specialized areas. Of course such services are not within the scope of our lobbying efforts and would be subject to separate retainer. ORIGINAL REFERENCES RFP No. 2013 -46 Professional Federal Lobbying Services 'Please complete this page or attach your reference page to this sheet. A enc /Cornpan Address City, State, Zip Contact Person Telephone Date (s) of Service 7 e of Service Comments: Agency/Company Address City, State, Zip Contact Person Telephone Dates of Service Type of Service Comments' A enc /Oom an Address City, State, Zi Contact Person Telephone Dale(s) of Service Type of Service Comments: Contractors Name: Becker & Pol iakof f , P.A. 13 iy ;r REFERENCES RFP No. 2013 -46 Professional Federal Lobbying Services • City of Hialeah, 2008 — Present, Fred Marinelli, (305) 883 -5839 501 Palm Avenue, Hialeah, Florida 33010 o Seek federal grant opportunities o Oppose any cuts the CDBG and HOME Program at HUD • Palm Beach County, 2011 - Present, Todd Bonlarron, (561) 355 -3451 301 N. Olive Avenue West Palm Beach, FL 33401 o Federal funding for the Urban Area Security Initiative • Town of Southwest Ranches, 2011 -2013, Mayor Jeff Nelson, (954) 343 -7472 13400 Griffin Road, Southwest Ranches, FL 33330 o Federal support for ICE Immigration Detention Center o Seek federal grant opportunities • City of North Bay Village, 2008 - Present, Dennis Kelly, (305) 756 -7171 1700 Kennedy Causeway, Suite 132, North Bay Village, FL 33141 o Seek federal grant opportunities. • Town of Miami Lakes, 2008 -2011, Alex Rey, (305) 364 -6100 6601 Main Street Miami Lakes, FL o Federal funding for bus procurement BKI<ER& —' POLIAKOFF LegaE and Business Strategists ALCALDE & FAY PROPOSAL TO PROVIDE PROFESSIONAL FEDERAL LOBBYING SERVICES FOR DELRAY BEACH, FLORIDA -L Y 3 ' i RFP # 2013- q (� DUE JUNE 13, 2013 L.A. "SKIP" BAFALIS, PARTNER ALCALDE & FAY GOVERNMENT AND PUBLIC RELATIONS 2111 WILSON BOULEVARD, 8" FLOOR -- ARLINGTON, VIRGINIA 22201 (703) 841 -0626 - BAFALISaALCALDE- FA'y.COM ALCALDE & FAY TABLE OF CONTENTS ABouT THE FIRM TAB A BACKGROUND AND EXPERIENCE INHOuSIlVG ISSUES AND FEDERAL AGENCY REGULATIONS TAB B ADDITIONAL EXPERIENCE WITHHOusiNG ISSUES TAB C APPROACH TO SERVICE TAB D PROPOSED CLIENT TEAM TAB E REFERENCES TAB F SCHEDULE OF PRICING TAB G APPENDIX TAB H Delray Beach Bid Cone of Silence Form ■ Delray Beach Corporate Acknowledgment Form • Delray Beach Bid Signature Form ■ Delray Beach Schedule of Pricing Form Delray Beach Client Reference Form ■ Alcalde & Fay Grant Alert for Local Governments ALCALDE FAY FIRM HISTORY Alcalde & Fay was founded in 1973 by Hector Alcalde, who continues to serve as the Chairman and Chief Executive Officer. The firm is comprised of 45 professionals who reflect a rich diversity in both background and expertise. The partners of Alcalde & Fay include a former Member of Congress, senior staff from Capitol Hill, and presidential appointees. Also included are partners backgrounds in public relations, journalism, marketing and law. and associates with For 40 years, Alcalde & Fay has successfully managed issues and represented a broad range of large and small public clients before the United States Congress and the Executive Branch. The firm has built a distinguished reputation for effective public policy representation on behalf of numerous municipal governments, as well as a myriad of corporations including those in the transportation, maritime, energy and environmental, communications, health care, and defense industries. Alcalde & Fay was one of the first government and public affairs firms to specialize in federal advocacy for public bodies across the country. Our efforts for these clients have included helping to secure legislative appropriations, federal contracts and grants, as well as advocating national policy initiatives. Notably, our firm has a long standing professional relationship with several small -to- "DEAN OF LOBBYISTS FOR large city clients in Florida, California, Texas, and Virginia. Our substantial roots in Florida FLORIDA COIV MLINITIES" and extensive experience in advising local Mori& Th-,a MaWine governments has led to Florida Trend referring to our firm as "the dean of lobbying for Florida communities," which speaks to our firm's ability to achieve measurable results on behalf of our clients. The firm counts 45 partners and professionals on its staff including a former Member of Congress, senior staff from Capitol Hill and the Executive Branch, and presidential ALCALDE & FAY Page 12 appointees who reflect a rich diversity in both background and expertise. Other partners and associates have backgrounds in public relations, journalism, marketing and law. Drawing on the expertise of our staff, we are able to provide effective advocacy on behalf of clients with Congress, regulatory agencies, the White House and numerous Federal agencies. Over the years, we have worked closely with many members of Congress, congressional staff and political appointees, several of whom are in positions of seniority and leadership. These relationships, combined with our understanding and experience in the public policy decision - making process in Washington, enable us to be effective advocates for our clients' goals. LOCAL GOVERNMENT EXPERTISE Alcalde & Fay was one of the first government affairs firms to specialize in Federal advocacy for public bodies across the country. Since our inception we have represented a broad spectrum of cities, counties, seaports, airports, transportation authorities and public entities. Currently, our firm provides services to approximately 80 public body clients nationwide, including more than 40 public bodies in Florida. On their behalf, we assist in navigating the legislative, appropriations, and authorizing processes on Capitol Hill and the competitive grant, regulatory and policy processes within Federal departments. Our range of expertise is broad and substantial: from transportation and infrastructure projects to those related to environment and water resources; law enforcement and emergency services; community and economic development; health and social services; among others. This breadth of expertise is a great benefit to our local government clients, particularly in developing creative solutions to the most complex problems. BIPARTISAN CONGRESSIONAL RELATIONSHIPS Recognized as a bipartisan firm, the partners and personnel of Alcalde & Fay are drawn from both political parties and have among them close working relations with key legislators and staff on both sides of the aisle. Alcalde & Fay will continue to make it a priority to maintain good working relationships on the City's behalf with the entire Florida Congressional Delegation. ALCALDE & FAY Page 13 Likewise, the team assembled to represent the City of Delray Beach, and partners and associates of Alcalde & Fay, already have a great rapport with the City's Congressional Delegation, which includes: Senators Bill Nelson (D) and Marco Rubio (R), and Representatives Ted Deutch (D) and Lois Frankel (D). The City's Congressional Delegation will provide a strong base of support for implementing your Federal Legislative Agenda. In addition to a strong relationship with the City's Congressional Delegation, Alcalde & Fay has solid working relationships with key chairmen, ranking members, and senior congressional committee staff. Through our representation of clients from across the country, we are capable of promoting the City's initiatives to other key leaders on Capitol Hill who are not from Florida. Perhaps most importantly, the firm is well acquainted with key committee chairmen, ranking members and members of Congress who will be instrumental in achieving the goals of the City, such as those that sit on the House Financial Services Committee (with jurisdiction over housing), Senate Banking, Housing, and Urban Affairs, House and Senate Appropriations Committees, House Transportation and Infrastructure (T &I) Committee, Senate Environment and Public Works Committee, and several other congressional committees. EXECUTIVE BRANCH RELATIONSHIPS �k -a� "At (aa;J001-0-1 j tV ? 1. .,� In addition to Capitol Hill, our long -term bipartisan relationships extend well into the ranks of political appointees and senior career staff in many of the Federal departments. Alcalde & Fay has extensive contacts and significant experience in dealing with the Departments of Housing and Urban Development, Justice, Energy, Transportation, Labor, Homeland Security, Commerce, and the Environmental Protection Agency, among others. Our relationships with federal department officials and staff will be an asset to the City in your efforts to affect administration policy, secure competitive grant funding, fight burdensome regulations, cut through bureaucratic red tape, expedite project review, obtain federal permits, and solve City problems that fall under federal jurisdiction. ALCALDE lC FAY Page 14 WORKING WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT We have an abundance of experience in representing public bodies before Federal Administrative Agencies, including the Department of Housing and Urban Development (HUD). Two recent examples are as follows: (1) In November, 2012 we were successful with helping Fairfax County, Virginia, obtain a Moving to Work designation from the Department of Housing and Urban Development which allows the County's Redevelopment and Housing Authority to expand its already strong community partnerships and decrease administrative workload allowing housing staff to spend more time working directly with residents to ensure they are connected to the services they need most. In addition, we assisted in identifying unspent HUD dollars that were targeted for rescission by Congress and ensured that the dollars were obligated so that Fairfax County did not lose them. (2) In May, 2012, on behalf of the City of Sanford, Florida, we arranged and attended a meeting in 2012 with HUD officials in Washington, DC, to discuss issues involving the Sanford Housing Authority (SHA), including a $4 million loan that was incurred as a result of HUD taking over SHA in 2005. Later in the year, subsequent to our meeting with HUD, over $2 million of the loan was forgiven. WORKING WITH FEDERAL DEPARTMENTS TO CLARIFY OR CREATE RULES In addition to the examples of our work with HUD, we have assisted public bodies with seeking rule changes and /or clarifications before several Federal Departments. Two recent examples include: (1) In July 2012, Flagler County, Florida, sought our assistance in obtaining the Federal Aviation Administrations (FAA) approval of the lease of a County airport property to a charter school. This required- us to contact, and continue to communicate, with the FAA Compliance staff in Washington for several weeks. While the FAA opposed allowing "non- aviation schools on airport property ", the FAA ultimately approved the lease in less than 45 days with ALCALDE & FAY Page 15 conditions that were satisfactory to the County. As a result, the County was able to secure a three year lease of the property. (2) In October, 2011, we assisted Osceola County, Florida, with changing the Environmental Protection Agency's (EPA) impaired water status of Lake Tohopekaliga so that no total maximum daily load (TMDL) was needed for the Lake. The County contacted us to request the change, and we contacted EPA in Washington to discuss the issue and request a meeting with the County officials and us. In the end, a meeting with the EPA was not necessary and the EPA granted the impaired water status change. In regard to assisting in the creation of a Federal Administrative Agency rule, we are currently working with Okaloosa County and Escambia County, Florida, and the Department of Treasury to ensure that the regulations drafted by Treasury are consistent with the legislative intent of the RESTORE Act (included as part of S. 1813), which would direct 80 percent of BP oil spill fines to be spent on restoration of the Gulf Coast. We are consulting with Treasury staff to obtain a copy of the regulations prior to their public release, so that we have an opportunity to provide information and comment. Treasury has stated that they will issue the draft regulations to the counties for our review and input prior to publication in the Federal Register. STRATEGY FOR DELRAY BEACH'S SOBER HOUSE ISSUE As it relates specifically to the needs of Delray Beach, we are familiar with the courts inconsistent application of the Fair Housing Amendments Act to sober homes and the need to clarify the law so that cities like Delray Beach can enforce local land use regulations without violating federal law. To that end, we would generally propose the following strategy to meet Delray Beach's objective: (1) Contact HUD staff in Washington to do some reconnaissance on the issue, such as: (a) determine who are the appropriate officials at HUD with experience in this matter, (b) determine if this is a matter in which HUD receives regular communication from other interested entities, (c) has HUD responded previously to other communities with similar questions and concerns; and (d) obtain any written material on the issue, such as previous written responses by HUD, that might address the City's issue. (2) Arrange a conference call, and most likely a meeting, with HUD staff to i discuss the issue further and see if HUD is willing to offer a clarification of the issue. We would also brief the City's congressional delegation on the matter ALCALDE & FAY Page 16 during this process. We might ask the delegation to attend the HUD meeting with us. (3) If clarification is not provided to Delray Beach by HUD staff, we would solicit the support of the City's congressional delegation, and possibly other members of Congress with communities in similar situations to that of Delray Beach, to send a letter to HUD requesting a clarification of the law. (4) If clarification is not provided at this point, most likely we will need to request that the City's congressional delegation, and other members of Congress, draft legislation that would resolve the matter. This of course would be a difficult path, and one that would require a time and a great deal of advocacy on Capitol Hill, since there could be groups opposed to such legislation and we would have to work on an approach that could generate enough support to pass congress. This strategy might also require coordination and consultation with the Department of Justice, and we would work with them in a similar manner. A successful example of this strategy follows. Last year, on behalf of the Melbourne International Airport (MLB), Florida, we employed a similar approach to solving MLB's problem with obtaining Customs and Border Protection (CBP) agents. In October 2011, MLB sought CBP's approval for the use of temporary CBP agents to service seasonal international flights. The CBP denied the request even though Representative Bill Posey (R -FL) and Senators Bill Nelson (D- FL) and Marco Rubio (R -FL) supported it. The CBP stated that it did not have the legal authority to grant the request. We had several conference calls with CBP, and the Congressional Delegation also met with CBP' staff, to discuss the problem further and to come up with a resolution. The CBP recognized the problem, and proposed a legislative solution in CBP's budget request to Congress for fiscal year 2013. We then advocated for CBP`s proposal, submitted in the President's FY 2013 Budget Request, to the House and Senate Homeland Security Appropriations Subcommittees, which had jurisdiction over the matter. The proposal was ultimately included in Homeland Security Appropriations Committee legislation, and now MLB is in the process of working with CBP to obtain the use of the temporary CBP agents. ALCALDE & FAY Page 17 Through Alcalde & Fay's local government representations throughout the country, we have a wealth of knowledge and experience in community renewal and urban development initiatives, often assisting cities and counties from the initial planning stages to construction, implementation and maintenance. We have worked extensively on behalf of our public clients to obtain funding for downtown improvement, economic development, urban redevelopment and parks. We are quite familiar with funding available from a number of different agencies, particularly the EPA and the U.S. Department of Housing and Urban Development (HUD). We have supported the granting of HUD Section 108 loans for communities needing a source of financing for economic development, housing rehabilitation, public facilities, and large -scale development projects. Additionally, we have supported maintaining Community Development Block Grants (CDBG) along with U.S. Department of Commerce, Economic Development Administration (EDA) grants for revitalization and reuse of idle and abandoned industrial land and facilities. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM The Community Development Block Grant (CDBG) program provides formula grants to entitlement counties, cities and states to foster self- sufficient urban communities consisting of affordable and stable housing and providing job opportunities, primarily for the low -to- moderate — income community. As a significant beneficiary of CDBG funds, Delray Beach has an interest in a well - funded CDBG program, which was targeted for significant cuts in the 1121h Congress. With its hurricane prone geography, Delray Beach also benefits from CDBG Disaster Recovery Assistance, which is provided by formula to communities that have disaster recovery needs that were not met by other Federal agencies. These formula grants support economic development, housing, infrastructure and hardening to prevent any further damage in area impacted by disaster. ALCALDE .& FAY Page 18 We will continue to identify federal resources for Delray Beach's housing and homeless assistance needs. Several viable programs are highlighted below: ■ The HOME Investment Partnerships Program that provides grants to States and units of local government through a formula allocation for the purpose of expanding the supply of affordable housing. For FY 2012, Congress appropriated $1 billion for this program. ■ The Homeless Assistance Grants Program that funds municipal efforts to alleviate the impact of homelessness on children, individuals, and families. In FY 2012, Congress provided $1.901 billion for homeless assistance grants. ■ The Special Needs Housing for the Elderly Program that supports the development of local housing options to assist older persons to continue living in their dwellings. These options may include home equity conversion, home maintenance, accessory apartments or other secondary units and shared /group residences. In FY 2012, Congress provided $375 million for this program. At The Housing for Persons with Aids (HOPWA) Program provides states and localities with resources and incentives to devise long -term comprehensive strategies to meet the housing needs of persons with HIV /AIDS and their families. In FY 2012, Congress provided $332 million for this program. ■ The Revitalization of Severely Distressed Public Housing Program (HOPE VI) provides competitive grants to housing authorities to revitalize entire neighborhoods adversely impacted by the presence of badly deteriorated public housing projects. In FY 2012, Congress eliminated funding for this program and replaced it with the Choice Neighborhoods Initiative, which was funded at $120 million. ALCALDE FAY Page 19 APPROACH TO SERVICE DEVELOPMENT OF FEDERAL AGENDA Alcalde & Fay's efforts on behalf of each client are tailor -made to meet that client's needs. We pride ourselves in our commitment to service and attribute our high client retention rate to that service. The firm's approach with both new and current clients includes: • Continuous communication with the client and key decision makers in Congress; • Understanding the agendas of those from whom we are requesting assistance so we can fit our client's objectives into that agenda; • In -depth knowledge of the programs and issues of importance to our clients; • Access to decision - makers; and • Creative and persistent pursuit of our client's goals. While we recognize that the City's primary objective is to obtain a clarification of the Fair Housing Amendments Act (FHAA), we would like to discuss a couple other services that we could provide to the City. CONGRESSIONAL BUDGET APPROPRIATIONS Congress employs numerous ways to fund portions of projects so colleges and universities can develop plans, implement change, and enhance their campuses. A core part of our practice is assisting colleges and universities secure funding through the appropriations and grant process. It annually considers several appropriations measures that provide funding through grants for numerous activities, such as transportation, housing and community development, energy and environment, education, as well as homeland security and public safety. We are experts in helping our clients navigate this process and our efforts have aided our clients in achieving hundreds of millions of dollars of funding over our long history. ALCALDE FAY Page 110 Alcalde & Fay is well equipped to do this for the City of Delray Beach and will work with your congressional delegation, key members of congress, as well as the House and Senate Appropriations Committees to create and /or preserve Federal programs that are important to the College. We also stand ready to draft and develop committee report language and bill language, which has enabled many of our clients to apply for Federal grants and low- interest loans that match an entity's needs. IN -HOUSE FEDERAL GRANTS DEPARTMENT One of the greatest challenges in securing any Federal appropriations is finding out what opportunities exist and how to capitalize on those opportunities. Grants are no different. Alcalde & Fay utilizes a multi- dimensional approach to assisting clients in the pursuit of grant funding. First and foremost, your Alcalde & Fay team will outline the standard funding opportunities that exist and are frequently used by other colleges and universities. If there are any projects that _ ALCALDH & FAY UL%W AU vT. * 41. 41. W " s \`.1 r.f M.�rYvbw.�b..xirM�r� �srr.w� +w• �b++n'*w. b+ nrb ab.r. s aaw,.w.b . v... rcrr� .crr.ri.c.�.�r�y+.•a.csv�.w< ty.rcw..i www fit these or other common grant opportunities, your team will instruct you on what strings are attached in receiving the money, assist in drafting and submitting the necessary paperwork, and follow up with the respective Federal agency. Second, Alcalde & Fay monitors grant opportunities on a daily basis and regularly sends out our Grant Alert for Local Governments identifying Federal grant opportunities. An example of our most recent Grant Alert is included in the Appendix. The purpose of this alert is to continue the dialogue between our team and City staff in case you recognize something that might help you and should be pursued. Once again, your Alcalde & Fay team would then research the grant opportunity, and if desired, assist the City in pursuing the grant awards. As we identify pertinent grant solicitations, Alcalde & Fay's grant writing staff is available to offer a broad range of Federal grant services including: ✓ Customized prospecting services, ✓ Grant writing and Application Development ✓ Peer Evaluation and Critique Services, as well as ✓ Work to develop congressional support for the projects and to coordinate the inclusion of Congressional letters of support in the application package. ALCALDE & FAY Page 111 We closely monitor trends and priorities amongst Federal programs, and we will work to refine your grant proposals and ensure they reflect Administration funding objectives. In addition, we will coordinate any meetings required with program officers at Federal agencies. Engaging in an extensive, coordinated program of visitations with key developmental offices can be critical to a successful grant strategy. Visits of this nature provide high visibility for the City and its projects at executive agencies, and can be an important component of an educational campaign that details the issues Delray Beach faces. ORGANIZING WASHINGTON "FLY -IN" Alcalde & Fay regularly arranges Washington, D.C. visits for our clients and will arrange meetings with: the Florida Congressional Delegation and pertinent_�'�'':: committees; professional staff and /grant f ►y .�,11� program managers at Federal Agencies to E advocate on behalf of Delray Beach's agenda. Furthermore, we will work with Congress and the Administration � providing for opportunities for Delray Beach officials to submit official testimony and comments. The firm is accustomed to handling all the arrangements of our clients' visits, including scheduling and oftentimes transportation between meetings. Prior to any visit by Delray Beach officials, we would prepare necessary documents that articulate your objectives and provide thorough briefings on current and emerging policy issues and priorities and objectives for each meeting and the overall trip. To facilitate our clients' travel to Washington, Alcalde & Fay maintains fully functional guest offices at our headquarters in Arlington, Virginia for the use of visiting city officials or staff. ALCALDE FAY Page 112 As with any good organization, our greatest strength and your best assurance of our successful service on behalf of Delray Beach resides in the team that we would assemble to represent your interests in Washington. Although different members of the client team may take the lead on various projects, each of the team members would be knowledgeable about Delray Beach's objectives. The proposed client team for the City of Delray Beach will be: L.A. "Skip" Bafalis, Jim Davenport, Josh Gaboton, Danielle McBeth, and Bill Smith, Jr. Each of these individuals will work from Alcalde & Fay's Arlington office and has substantial experience in representing municipal governments in Washington and brings a wealth of knowledge of these issues to the Delray Beach Client Team. L.A. 'SKIP' BAFAus A former five -term Congressman from Florida, L.A. "Skip" Bafalis, Partner, has a background that includes business and government representation. He began his political career in Palm Beach County with election to the Florida House of Representatives and then served in the Florida Senate for two terms. He then served ten years in the U.S. Congress and subsequently was the nominee for Governor of Florida in 1982. In Congress, Mr. Bafalis served on the Public Works Committee, now the Committee on Transportation and Infrastructure. He then moved to the Ways and Means Committee. An active member of the Trade Subcommittee and the Ranking Member of the Public Assistance and Unemployment Compensation Subcommittee, he became known for his expertise in trade and tax matters and authored and managed passage of wide- ranging estate and gift tax legislation. Mr. Bafalis has been lobbying in Washington for more than 25 years, and has extensive experience working on behalf of public clients. He maintains close working relationships with members of the House and Senate, many of whom are former colleagues. He holds a B.A. degree from St. Anselm's College in Manchester, New Hampshire. His alma mater has honored him with its "Alumni Award of Merit" for his contributions to the school and to the nation. ALCALDE & FAY P a g e l 13 JIM DAVENPORT Jim Davenport, Partner, manages many of the firm's public clients from Florida on a wide array of issues including economic development, transportation, education, environmental issues, and criminal justice. In this role, he works closely with numerous members of Congress and their staff, the U.S. Army Corps of Engineers, the Department of Justice, the Department of Housing and Urban Development, the Environmental Protection Agency, the Department of Transportation, and many other federal agencies. Mr. Davenport has been effective in helping public clients secure millions of dollars in federal funding for projects ranging from bridges, roads, beaches and waterways to school programs, health initiatives, water and sewer systems and technology for law enforcement personnel. He is an experienced tactician in navigating the congressional legislative process and the federal agencies to obtain funding and legislative language on behalf of his public body clients. In addition to his work in helping secure appropriations and authorizations for his clients, Mr. Davenport consults and advises clients on the federal budget and congressional appropriations process, agency rulemakings, legislation, and Administration policy. He has positioned his public clients to benefit from federal laws and policy affecting local governments. Mr. Davenport has been active in government and public affairs for eighteen years. Prior to joining Alcalde & Fay, he served as Legislative Assistant in the office of the late Congressman Gerald B. Solomon of New York where he worked on a broad range of issues including economic development and health care. Mr. Davenport graduated from St. Lawrence University in New York with a bachelor's degree in Government. He obtained a law degree from The Catholic University of America in Washington, DC. ALCALDE & FAY Page ' 14 JOSH GABOTON Josh Gaboton, Partner, spent more than 8 years on Capitol Hill under the leadership of current Chairman of the House Committee on Transportation and Infrastructure, John L. Mica. Mr. Gaboton served as Legislative Director and Senior Legislative Assistant for Chairman Mica; and advised the Chairman on issues involving Appropriations, Transportation, Housing, Homeland Security, Telecommunications and Army Corps of Engineers. Prior to joining Alcalde & Fay, Mr. Gaboton, served as a Principal for a Government and Public Affairs Firm in Washington, DC, where he accrued an impressive record of securing federal funds and legislative victories for municipalities and private sector entities nationwide. Mr. Gaboton has in -depth knowledge in the areas of Transportation, Appropriations, Housing, Homeland Security, and Army Corps of Engineers. He worked extensively with the House Transportation and Infrastructure Committee and the Senate Commerce, Science, and Transportation Committee. As a result, he has developed excellent working relationships with the Chairman and Ranking Members of these important Committees, as well as other Members of Congress and staff on key House and Senate Committees. These ongoing working relationships have been a significant advantage to firm clients interested in the development of transportation policy and funding initiatives at the federal, State, and local level. In addition, Mr. Gaboton has experience working with the Department of Housing and Urban Development (HUD) and its Public and Affordable Housing Programs on behalf of numerous public and private sector clients. His work with HUD includes work with Administration officials at the highest levels. On behalf of firm clients, Mr. Gaboton has worked with HUD on a broad range of policy and affordable housing initiatives, and has particular expertise in working with the Office of Public and Indian Housing. Other Administrative agency experience includes work with the Department of Homeland Security, Department of Defense, Department of Commerce, United States Fish and Wildlife, Army Corps of Engineers, and the Environmental Protection Agency. Mr. Gaboton holds a bachelor's degree in History and Political Science from the University of Central Florida. ALCALDE & FAY Page 115 DAIVIELLE WBETH Danielle McBeth, Partner, is a seasoned government relations and public affairs practitioner with government affairs and media relations experience advocating on behalf of corporate, public, and education clients for Alcalde & Fay. Ms. McBeth has worked on behalf of numerous clients on issues related to transportation, economic development, infrastructure, education, technology, and immigration. She has successfully led the lobbying efforts of coalitions and organizations before Congress to amend and promote broad national policies. Her achievements include securing Federal grants and legislative appropriations for educational institutions and local governments for water and wastewater infrastructure, roadways, law enforcement technology, and marine science research. Prior to joining the firm, Ms. McBeth served as press secretary for the Florida Commission on Education Reform and Accountability where she was responsible for coordinating media relations between campaign and media entities statewide. She also served as the information specialist for Florida State University's Center for Professional Development, coordinating publicity and promotions at the state, national, and international levels. Ms. McBeth began her career working for several newspapers including the New York Times Regional Newspapers, the Spartanburg Herald - Journal and the Tallahassee Democrat. A native of Jackson, Mississippi, she earned a bachelor's degree in journalism from Florida A &M University where she received the "Outstanding Senior in Newspaper Journalism Award" for her work at The FAMUAN from the Dean of Journalism and her professors. While continuing her career as a lobbyist, Ms. McBeth obtained a law degree from American University, Washington College of Law. She currently serves as Vice President of the Washington Government Relations Group and is a member of the American League of Lobbyists. ALCALDE & FAY Page 116 BILL SMnH, Jlt. Bill T. Smith, Jr., Florida Affiliate of Alcalde & Fay, is former Mayor and Councilman for the City of Boca Raton, Florida has a distinguished career in south Florida serving the community in various official capacities since 1987. Following his elected service, Mr. Smith was appointed by then - Governor Jeb Bush as Commissioner of the Florida Commission for the Transportation Disadvantaged, and later as Commissioner of the South Florida Regional Transportation Authority. A 62 year resident of South Florida, Mr. Smith has a vast knowledge of the critical issues facing the region. Mr. Smith has been practicing law for over 35 year, and is a Member of Board of Directors of several local non -profit and family foundations. He graduated with a Bachelor of Arts in Finance from the University of South Florida in 1973. Mr. Smith earned his Juris Doctorate from Sheppard Broad School of Law, Nova University in 1978. Other partners and associates of Alcalde & Fay may be utilized on an occasional, as- needed basis, to supplement the work being performed on behalf of Delray Beach. Of course, there will be no additional charge for such work. ALCALDE & FAY a g e 1 17 REFERENUS Alcalde & Fay is pleased to provide the following references of other public clients who would speak to our ability to provide effective Federal lobbying services on behalf of the City of Delray Beach. Melbourne International Airport Richard Ennis, Executive Director One Air Terminal Parkway, Suite 220 Melbourne, Florida 32901 Phone: (321) 723 -6227 Dates of Service: 2006- Present Scope of Services: Comprehensive Federal Government Relations and Grants Consulting Palm Beach County, Florida Todd Bonlarron, Legislative Affairs Director 301 North Olive Avenue, Suite 1101 West Palm Beach, Florida 33401 Phone: (561) 355 -3451 Dates of Service: 2011- Present Scope of Services: Comprehensive Federal Government Relations and Grants Consulting City of Riviera Beach, Florida Ruth Jones, City Manager (561) 845 -4010 600 West Blue Heron Blvd. Riviera Beach, Florida 33404 Phone: (561) 845 -4010 Dates of Service: 1998 — Present Scope of Services: Comprehensive Federal Government Relations and Grants Consulting ALCALDE FAY Page 118 SCHEDULE OF Currently, all Alcalde & Fay clients are billed based upon a monthly retainer. Along with our clients, we believe that a fixed monthly retainer provides them with their most cost - effective approach, allowing the client to operate with a firm fixed budget, and for us to perform all the work required to be successful on a client's behalf without concern of whether each hour might ultimately contribute to that success. For the specific services requested in the City's RFP, Alcalde & Fay proposes a monthly retainer of $3,000. Should Delray Beach desire full Washington representation, inclusive of Comprehensive Federal Government Relations and Grant Consulting Services, the monthly retainer would be $5,000. This monthly retainer fee is inclusive of all out -of- pocket expenses for local services such as telephone tolls, copying, messenger service, parking, transportation, and postage. Any expenses for travel outside of the Washington metropolitan area would be additional and undertaken only at the City's request and direction. Reimbursement is based on actual expenses with no administrative overhead applied. In addition, other partners and associates of Alcalde & Fay may be utilized on an as- needed basis, to complement the efforts of the Delray Beach Client Team when such efforts would benefit the client. There will be no additional charge for such work. Furthermore, it should be noted that all Alcalde & Fay contracts include a 30 -day cancellation clause allowing the client to terminate their service agreement if unhappy with the performance of service. ALCALDE FAY Page 119 • Delray Beach Bid Cone of Silence Form • Delray Beach Corporate Acknowledgment Form Delray Beach Bid Signature Form Delray Beach Schedule of Pricing Form Delray Beach Client Reference Form • Alcalde & Fay Grant Alert for Local Governments ALCALDE & FAY Page 120 CONE OF SILENCE Bidders are. advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence ".. The "Cone of Silence" is in effect from the-date/time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the posting of the "RECOMMENDATION!' of award. However, bidders may communicate with City employees who are present at- the mandatory pre -bid meeting during the actual pre -bid meetinct. Once the are -bid meeting is over, bidders may only communicate with employees of the Purchasing Division. Contractor's Name Alcalde & Fay Sigi tatu ' k4 1A 5111'a :e CORPORATE ACKNOWLEDGEMENT STATE OF Virginia COUNTY OF Arlington The foregoing instrument was acknowledged before me this 11 day of June 2013 . by Sue Hedrick, Chief Financial Officer (name of officer or agent, title of officer or agent), of Alcalde & Fay (state or place of incorporation) corporation, on behalf of the corporation. He /She is (personalty known to me) (or has produced identification) and has used his /her SVETLANAX IEVNAYAPPAiIOVA NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30, 2014 COMMISSION # 7378829 (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledges T pe , Printed or Stamped State,of Virginia Acknowledged beforIh me • /►.' � 1 • fublic 91Paue ZAP,$ e � CERVEICATE OF GOOD STA-9'MING I Certify the Eoffowingftom the W§cords of the Commission: That ALCALDE & FAY, LTD. is duly incorporated under the law of the Commonwealth of Virginia; That the date of its incorporation is August 6, 1974; That the period of its duration is perpetual; and That the corporation is in existence and in good standing in the Commonwealth of Virginia as of the date set forth below. Nothing more is hereby certified. SignedandSealedat Richmondon this Date: September 27, 2012 0;0 M. Teck Cfer of the Commission CITY OF DELRAY BID SIGNATURE FORM RFP No. 2013 -46 Professional Federal Lobbying Servlcss PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO DO SO SHALL BE. CAUSE FOR REJECTION OF YOUR PROPOSAL The undersigned bidder certifies that this bid package is submitted in acoordanee with the specification in its entirety and with full understanding of the conditions governing this bid. Alcalde & Fay Government and Public Affairs (Virginia) *Name Of Bidder (Firm Name as Registered with their .State of origin) Business Address: 2111 Wilson Boulevard, 8th Floor Street Address (R.O. Box Address is not permitted) Arlington, VA, 22201 City, State, Zip Mailing Address: 0 Check if Same as Business Address above Street Address City, �i oriz - Signature (Wi Print Name and Title of Person Signing this Form 06/11/2013 (703) 841 -0626 (703) 243 -2876 Date Telephone / Fax No. Email Address of Authorized Signee: bafalis @alcalde -fay. com VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: Skip Bafalis TELEPHONE: ( 703 ) 841 -0626 EMAIL ADDRESS: bafalis@alcalde-fay.com Thank. you for your interest in the City of Delray Beach 151Pag,c SCHEDULE OF PRICING RFP NO. 201346 Professional Federal Lobbying Services Pricing is to be all inclusive of casts and expenses to be paid monthly to CONTRACTOR within thirty (30) days of submission of any invoice to the CITY. $3,000/$5,000* (per month) COMMENTS: *TBD - Based on scope of services. See bane 19 of proposal. Vendor Name: Alcalde & Fay Government and Public Affairs 121Pige REFERENCES RFP No. 2013 -46 Professional Federal Lobbying Services *Please complete this page or attach your reference page to this sheet. Agency/Cdmpafty Melbourne International Airport Address One Air Terminal Parkway, Suite 220 City, statej. Zip Melbourne, Florida 32901 Contact Person Richard Ennis, Executive Director Telephone ( 321) 723 -6227 Dates of Service 2006 - Present Type of SerVice Comprehensive Federal Government Relations and Grants Consulting Comments: 2011 - Present Type of, Serdee Agency/Company Palm Beach County, Florida address 301 North Olive Avenue, Suite 1101 City, state Zip west Palm Beach, Florida 33401 Contact Parson Todd Bonlarron, Legislative Affairs Director Telephone ( 561) 355 -3451 Dates of Service 2011 - Present Type of, Serdee Comprehensive Federal Government Relations and Grants Consulting Comments: AgeneyfCompany City of Riviera Beach, Florida address 600 west Blue Heron Blvd. City, State Zip Riviera Beach, Florida 33404 Contact Person Ruth Jones, City Manager Telephone (561) 845 -4010 Date(s) of Service 1998 - Present Typa ofService Comprehensive Federal Government Relations and Grants Consulting Comments: Contractors Name: A l c =►1 d e & F a y 131Fz axe ALCALDE & FAY GRANT ALERT FOR LOCAL GOVERNMENTS 2ne 7!D New in this issue: Department of Health and Human Services • Administration for Children and Families: Basic Center Program (BCP) • Administration for Children and Families: Child Care Research Partnership Grants Department of Homeland Security • DHS - FEMA Preparedness Grant Programs National Endowment for the Arts • Art Works National Endowment for the Humanities • Digital Humanities Startup Grant Program NEw GRANT ANNoumcEvENrs DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families: Basic Center Program (BCP) The purpose of the Basic Center Program (BCP) is to provide an alternative for runaway and homeless youth who might otherwise end up with law enforcement or in the child welfare, mental health, or juvenile justice systems. The BCP works to establish or strengthen community -based programs that meet the immediate needs of runaway and homeless youth and their families. The programs provide youth up to age 18 with emergency shelter, food, clothing, counseling, and referrals for health care. Most basic centers can provide up to 21 days of shelter for a maximum of 20 youth at a time. Basic centers seek to reunite young people with their families, whenever possible, or to locate appropriate alternative safe placements. Eligible Applicants State, county, city, township, or special district governments; public and state controlled institutions of higher education; public housing authorities; nonprofits, other than institutions of higher education; private nonprofit institutions of higher education. Funding $16.3 million is expected to be available for approximately 116 awards; Grantees must provide at least 10 percent of the total approved cost of the project. Application Deadline July 22, 2013 Application and program information may be found here. For further information, please contact Gloria Watkins, Family and Youth Services Bureau Headquarters by telephone at (202) 205 -9546 or via email, Gloria.Watkins@ACF.hhs.gov Administration for Children and Families: Child Care Research Partnership Grants The Child Care Research Partnerships Grants will support new research and evaluation activities developed and conducted through partnerships between Child Care and Development Fund (CCDF) lead agencies in states and territories and researchers from institutions of higher education, research organizations and other eligible organizations. The ACF aims to support active collaborations between CCDF administrators and researchers to investigate questions of immediate relevance to local and national policies concerning child care. Projects are expected to address research questions of high priority for local and state -level child care stakeholders, while adding to general knowledge about the efficacy of child care subsidy policies and quality improvement initiatives in promoting family economic self- sufficiency, children's healthy development and learning, and support for child care providers. The specific goals of the Child Care Research Partnerships Grants Program are: 1. To address issues of current relevance to CCDF decision makers at the local, state, and national levels. 2. To encourage active communication, networking, and interdisciplinary collaboration among child care researchers and policymakers on critical issues for child care policies, programs, and outcomes. 3. To increase access to child care and early education policy research at the national, State, and local levels. 4. To build capacity in the child care and early education field to respond to questions of immediate concern to CCDF policymakers through high - quality research. Eligible Applicants State, institutions of higher education; or research organizations, including state governments; public and state - controlled institutions of higher education; private institutions of higher education; Hispanic Serving Institutions (HSIs); Historically Black Colleges and Universities (HBCUs); non - profits with 501(c)(3) IRS status, other than institutions of higher education; for -profit organizations, other than small businesses; and small businesses, other than sole proprietorships. Funding $1.25 million is expected to be available for up to five awards. Application Deadlines Letter of Intent: June 28, 2013 Applications: July 15, 2013 Application and program information may be found here. For further information, please contact Ann Rivera, ACF Office of Planning, Research and Evaluation by telephone at (202) 401 -5506, or via email, Ann.Rivera@ACF.hhs.g_ov DEPARTMENT OF HOMELAND SECURITY FY 2013 DHS - FEMA Preparedness Grant Programs The Department of Homeland Security (DHS) has announced its final allocations for the FY 2013 preparedness grant programs, which total more than $1 billion for federal grants to assist state and local governments with preparedness program funding in the form of Non - Disaster Grants to enhance the capacity of state and local emergency responders to prevent, respond to, and recover from a weapons of mass destruction terrorism incident involving chemical, biological, radiological, nuclear, and explosive devices and cyberattacks. The following preparedness grant programs may be of interest to municipalities as they fund a variety of activities including planning, organization, equipment purchases, training and exercises. The overview to the following grants can be viewed here. Homeland Security Grant Program (HSGP) —$968 million targeted for states or urban areas to build capabilities critical to security. HSGP consists of the following programs: 'p State Homeland Security Program (SHSP) — $354.6 million is allocated by formula to states to build capabilities at the state and local levels to implement the state homeland security goals and objectives identified in the State Preparedness Report. The 9/11 Act requires states to dedicate 25 percent of SHSP funds to law enforcement terrorism prevention- oriented planning, organization, training, exercise and equipment activities. Additional information can be found here. Urban Areas Security Initiative (UASI) — $558.7 million to enhance regional preparedness by strengthening capabilities in 25 designated high - threat, high- density urban areas across the country. The 9/11 Act requires states to dedicate 25 percent of UASI funds to law enforcement terrorism prevention- oriented activities. A complete list of all eligible UASI entities can be found here. Emergency Management Performance Grants (EMPG) Program— $332.4 million to assist state and local governments in enhancing and sustaining all- hazards emergency management capabilities. FY 2011 EMPG funds will be allocated by formula with each state receiving a base amount of 0.75 percent of the total available grant funding. Additional information can be found here. Port Security Grant Program (PSGP) —$93.2 million to help protect critical port infrastructure from terrorism, enhance maritime domain awareness and strengthen risk management capabilities in order to protect against improvised explosive devices and other non - conventional weapons; conduct training and exercises; and implement the Transportation Worker Identification Credential (TWIC). By law, DHS must direct these funds to the Nation's highest risk ports. To comply with this requirement, the PSGP covers a total of 145 ports identified as critical. Based upon USCG recommendations, these ports are aggregated into 90 discrete port funding areas. Additional information can be found here. Transit Security Grant Program - $83.7 million to owners and operators of transit systems (including intracity bus, commuter bus, ferries, and all forms of passenger rail) to protect critical surface transportation and increase the resilience of transit infrastructure. Eligible transit agencies are determined based on daily unlinked passenger trips (ridership) and transit systems that serve historically eligible Urban Areas Security Initiative (UASI) jurisdictions. Certain ferry systems are eligible to participate in the FY 2013 TSGP and receive funds. Additional information can be found here. Eligible Applicants Please note that the majority of funding under these programs is allocated by formula to States. We encourage you to contact your respective State Administering Agency (SAA) for program and eligibility requirements specific to your state. A list of SAA's can be found )ire. Application Deadline The application deadlines vary by each program. Most states will have an earlier submission deadline than that of the federal program. If you are interested in the submitting an application, please contact your State Administering Agency as referenced above. Application and Program Information As you may be aware, states and designated urban areas are the only eligible applicants under several of these preparedness programs. We encourage you to contact your respective DHS -FEMA office for program and application materials specific to your community. Additional information on all DHS preparedness grant programs and an overview of all preparedness funding announced can be found here. Additional program information can be found here. NATIONAL ENDOWMENT FOR THE ARTS Art Works To make "art work," the NEA has included the advancement of innovation as a core component of its mission as a way to ensure the vitality of the arts. Community-based projects include activities and training in the arts that occur outside of the school system. Activities must occur outside of the regular school day, and may take place in a variety of settings. These activities may be offered by arts organizations or by other community- based, non -arts organizations or agencies in partnership with artists and /or arts groups. Projects could take place in locations such as arts organizations, community centers, faith -based organizations, public housing, tribal community centers, juvenile facilities, or school buildings. While not formally linked to schools or their instructional programs, projects must be based on a curriculum that aligns with either national or state arts education standards and include assessment of participant learning. Eligible Applicants Nonprofit, organizations; units of state or local government; arts organizations, local arts agencies, arts service organizations, local education agencies (school districts), and other organizations that can help advance the goals of the Arts Endowment. Funding Each award will range between $10,000 to $100,000. Application Deadline August 8, 2013 Application and program information may be found here. For further information, please contact Nancy Daugherty by telephone at (202) 682 -5521 or via email, daughern @arts.gov. NATIONAL ENDOWMENT FOR THE HUMANITIES Digital Humanities Startup Grant Program The Digital Humanities Start -Up Grants program awards relatively small grants to support the planning stages of innovative projects that promise to benefit the humanities. Proposals should be for the planning or initial stages of digital initiatives in any area of the humanities. Digital Humanities Start -Up Grants may involve ■ research that brings new approaches or documents best practices in the study of the digital humanities; ■ planning and developing prototypes of new digital tools for preserving, analyzing, and making accessible digital resources, including libraries' and museums' digital assets; ■ scholarship that focuses on the history, criticism, and philosophy of digital culture and its impact on society; scholarship or studies that examine the philosophical or practical implications and impact of the use of emerging technologies in specific fields or disciplines of the humanities, or in interdisciplinary collaborations involving several fields or disciplines; innovative uses of technology for public programming and education utilizing both traditional and new media; and new digital modes of publication that facilitate the dissemination of humanities scholarship in advanced academic as well as informal or formal educational settings at all academic levels. Eligible Applicants State and local governments, institutes of higher education, and nonprofits. Funding Up to $60,000 is available for each grant award. Application Deadline September 12, 2013 Application and program information can be found here. For further information, please contact the NEH Office of Digital Humanities via email at odh@neh.gov. Applicants wishing to speak to a staff member by telephone should provide in an email message a telephone number and a preferred time to call. PREVIOUS GRANTANNOuNCEMENTS DEPARTMENT OF COMMERCE Economic Development Assistance Grants: Public Works and Economic Adjustment Assistance Programs The Economic Development Administration (EDA) supports development in economically distressed areas of the United States by fostering job creation and attracting private investment. Under this funding opportunity, EDA will make construction, non - construction, and revolving loan fund investments under the Public Works and Economic Adjustment Assistance Programs. Grants made under these programs will leverage regional assets to support the implementation of regional economic development strategies designed to create jobs, leverage private capital, encourage economic development, and strengthen Arnerica's ability to compete in the global marketplace. Applications from rural and urban communities to develop initiatives that advance new ideas and creative approaches to address rapidly evolving economic conditions will be considered. Eligible Applicants State, county, city, or township governments, public and state controlled institutions of higher education; nonprofits, other than institutions of higher education, and private institutions of higher education. Funding Award amounts vary. For examples of recently- awarded grants, visit EDA's grant awards page here. Application Deadline The next three funding cycle deadlines are: y June 13, 2013 for funding cycle 4 of FY 2013; and i► September 13, 2013 for funding cycle 1 of FY 2014. Application and program information may be found here. For further information, contact Kerstin Millius, Senior Program Analyst, via email at kerstin.millius@eda.goy. National Oceanic and Atmospheric Administration (NOAA): FY 2013 Coastal Resilience Networks The purpose of this grant is to implement activities that enhance resilience of coastal communities to natural hazard and climate risks through a regional or national network. Proposals must leverage, enhance, or create a system in which one or more coastal hazard issues can be addressed through partnerships to improve coordination and collaboration throughout the region. Partnerships must include multiple institutions, disciplines, and sectors at the local, state, and federal level. Proposals should provide beneficial public outcomes for coastal communities to address existing and potential future climate and hazard risks to coastal infrastructure, local economies, vulnerable populations, and the natural environment. Eligible Applicants Regional authorities; nonprofit and for profit organizations; institutions of higher education; and state, territorial, county, local governments conducting projects in one or more of the following three US regions: the U.S. Flag Pacific Islands, Gulf of Mexico Coast (Alabama, Gulf Coast of Florida, Louisiana, Mississippi, and Texas) and West Coast (California, Oregon, Washington). Funding $500,000 is available for approximately 3 to 5 awards ranging from $50,000 to $100,000. Application Deadline November 11, 2013 Application and program information may be found here. For further information, please contact Penny Larin by telephone at (808) 532 -3973, or via e-mail, Penny.Larin@noaa.gov. Planning and Local Technical Assistance Programs Under the Planning and Local Technical Assistance programs grants, the Economic Development Administration (EDA) assists recipients in creating regional economic development plans designed to stimulate and guide the economic development efforts of a community or region. As part of this program, EDA supports Partnership Planning investments to facilitate the development, implementation, revision, or replacement of Comprehensive Economic Development Strategies (CEDS), which articulate and prioritize the strategic economic goals of recipients' respective regions. Eligible Applicants States, cities, or other political subdivisions of a state, including a special purpose unit of a state or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; district organizations; institutions of higher education or a consortium of institutions of higher education; or public or private non - profit organizations or associations acting in cooperation with officials of a political subdivision of a state. Funding Annual grant amounts per recipient for EDXs Partnership Planning, Short -Term, and State Planning programs are typically between $60,000 and $70,000. Application Deadline Applications are accepted on a continuing basis and processed as received. Application and program information may be found here. For further information, please contact the appropriate regional office or Economic Development Representative listed in the announcement. EDA's website at www.eda.gov contains additional information on EDA and its programs. DEPARTMENT OF THE INTERIOR National Coastal Wetlands Conservation Grant Program (NCWCGP) Coastal wetlands are valued because they protect against flooding, help maintain water quality, and provide habitat for wildlife. Coastal environments are also important economically, generating billions of dollars annually through such industries as commercial fishing and tourism. The NCWCGP provides states with financial assistance to protect and restore these valuable resources. Projects can include (1) acquisition of a real property interest (e.g., conservation easement or fee title) in coastal lands or waters (coastal wetlands ecosystems) from willing sellers or partners for long -term conservation or (2) restoration, enhancement, or management of coastal wetlands ecosystems. All projects must ensure long -term conservation. Eligible Applicants State governments. If you would like to be a subgrantee, check with the eligible agency in your state for their deadlines and requirements to apply. Funding Approximately $17 million is available for up to 25 awards, with no award being more than $1 million. Application Deadline June 28, 2013 Application and program information may be found here. For further information, contact Christy Vigfusson by telephone at (703) 358 -1748 or via email, Christy vigfusson @fws.gov. State Historic Preservation Office (SHPO) Historic Preservation Fund Grants in Aid The State Historic Preservation Office (SHPO) Historic Preservation Fund Grants in Aid provide matching grants to states for the identification, evaluation, and protection of historic properties by such means as survey, planning technical assistance, acquisition, development, and certain federal tax incentives available for historic properties; and for the expansion of the National Register of Historic Places. Eligible Applicants State governments. If you would like to be a subgrantee, check with the eligible agency in your state for their deadlines and requirements to apply. Funding Approximately $50 million is available for up to 59 awards, each worth a minimum of $200,000 and a maximum of $2 million. Application Deadline December 31, 2013 Application and program information may be found here. For further information, contact James Tucker by telephone at (202) 354 -2067 or via email, hampton tucker@nps.gov. Bird Habitat Conservation Standard Grants Program The Bird Habitat Conservation Standard Grants Program is a competitive, matching grants program that supports public - private partnerships carrying out projects in the United States that further the goals of the North American Wetlands Conservation Act. These projects must involve long -term protection, restoration, and /or enhancement of wetlands and associated uplands habitats for the benefit of all wetlands- associated migratory birds. Eligible Applicants Unrestricted. Funding Approximately $43 million is available. Application Deadline July 26, 2013 Application and program information may be found here. For further information, contact David Buie, Wildlife Biologist, by telephone at (301) 497 -5870 or via email, david buie@fws.gov. National Park Service: State Historic Preservation Fund Grants in Aid Program NPS' State Historic Preservation Fund Grants in Aid Program provides funding to support projects that expand and accelerate historic preservation activities. Specifically, Program funding will be used to provide matching grants to States: (1) for the identification, evaluation, and protection of historic properties by such means as survey, planning technical assistance, acquisition, development, and certain Federal tax incentives available for historic properties; (2) to expand the National Register of Historic Places; and (3) to assist Local Government agencies, nonprofit organizations and private individuals in carrying out historic preservation activities. By statute at least 10 percent of the allocations to the States are to be subgranted to assist Certified Local Governments for locally based activities. Funding may be used for: staff salaries, surveys, comprehensive preservation studies, National Register nominations, educational materials, as well as architectural plans, historic structure reports, and engineering studies necessary to preserve historic properties. Eligible Applicants State governments. Funding It is anticipated that approximately $50 million will be made available for up to 60 awards ranging from $10,000 to $2 million per grant. All estimates are subject to the availability of Congressional appropriations. Application Deadline September 30, 2013 Application and program information may be found hm. For further information, please contact Hampton Tucker at (202) 354 -2020, or by email at hamiston tucker@nps.gov. We also encourage you to contact your respective State Historic Preservation Office to learn of your state's specific for historic preservation activities. USFWS Recovery Implementation Fund Program USFWS' Recovery Implementation Fund Program provides funding to support projects that help secure information about endangered, threatened or candidate species, to aid in the recovery of these species, to avert listing of species pursuant to the Endangered Species Act, and to help conserve the ecosystems upon which these species depend. Specifically, Program funding will be used to support projects that will contribute to the recovery of FWS- managed endangered and threatened species in the United States, and is limited to projects carrying out actions described in a species- approved recovery plan, in the implementation schedule of a speciesZ approved recovery plan, actions recommended in a completed 5 -year status review of the species or in a spotlight species action plan, or projects documenting speciesZ response to climate change. For example: securing scientific information about endangered or threatened species, implementing restoration actions that will lead to delisting of a species, help prevent extinction of a species, or aid in the recovery of a species. Projects that address species response to climate change will receive additional consideration. Projects for National Marine Fisheries Service (NMFS )- managed species are not included in this funding opportunity. Eligible Applicants States and local governments, landowners, educators, non - profit organizations, researchers, and other partners involved in endangered /threatened species protection. Funding TBD based on the availability of Congressional appropriations. Application Deadline July 31, 2013 Application and program information may be found here. For further information, please contact Kelly Niland (703) 358 -2492, or by email at Kelly Niland®fws.gov. USFWS Partners for Fish & Wildlife Program The U.S. Fish & Wildlife Service (USFWS) Partners for Fish & Wildlife Program is a voluntary, incentive- based program that provides technical and financial assistance to private landowners to restore and conserve fish and wildlife habitat. The Partners for Fish and Wildlife Program is not a traditional grants program, it is a direct federal assistance program. The Program does not solicit projects through a request for proposals. Instead, projects are developed in collaboration and with substantial involvement from Partners for Fish and Wildlife field biologists. National priority ranking factors for the Partners Program are used to assign funding priority status to proposed projects that meet these conditions: Improve habitat for Federal Trust Species, including migratory birds; threatened and endangered species; inter - jurisdictional fish; marine mammals; and, other declining species. Complement activities on National Wildlife Refuge System lands, or contribute to the resolution of problems on refuges that are caused by off - refuge practices. Address species and habitat priorities that have been identified through Service planning teams (with our partners), or in collaboration with state fish and wildlife agencies. :> Reduce habitat fragmentation or serve as buffers for other important Federal or state conservation lands. > Result in self- sustaining systems that are not dependent on artificial structures. Eligible Applicants Individuals; nonprofits, other than institutions of higher education; private institutions of higher education; and for -profit organizations and small businesses. Funding $22 million is available for approximately 5000 awards. Application Deadline TBD - contact the local Partners for Fish and Wildlife Program office. Application and program information may be found here. For further information, contact Michael Murray at Michael MurrayCfws.gov, or contact the local Partners for Fish and Wildlife Program office. USFWS Coastal Program Similar to the Partners for Fish & Wildlife Program, the USFWS Coastal Program is a voluntary, incentive -based program that provides technical and financial assistance to coastal communities and landowners to restore and protect fish and wildlife habitat on public and private lands. The Coastal Program is not a conventional grants program, in that it does not solicit projects through a request for proposals. Instead, projects are developed strategically, in coordination with partners, and with substantial involvement from Service field biologists. The Coastal Program integrates all USFWS activities in high priority coastal ecosystems to: > Identify the most important natural resource problems and solutions; > Influence the planning and decision - making processes of other agencies and organizations with USFWS, living resource capabilities; > Implement solutions on -the- ground in partnership with others; and v Instill a stewardship ethic, and catalyze the public to help solve problems, change behaviors, and promote ecologically sound decisions. Eligible Applicants State and local governments; public and private institutions of higher education; special district governments; independent school districts; individuals; nonprofits; and for - profit organizations and small businesses. Funding $6 million is available for approximately 500 awards. Application Deadline TBD - contact the local Partners for Fish and Wildlife Program office. Application and program information may be found here. For further information, contact Michael Murray at Michael MurrayQfws.gov, or contact the local USFWS, office. DEPARTMENT OF JUSTICE Second Chance Act Juvenile Reentry Grant Program The Second Chance Act Juvenile Reentry Grant Program provides assistance to develop and implement comprehensive and collaborative strategies to increase public safety and reduce recidivism and address the challenges that reentry poses. Within the context of this initiative, the Department does not envision reentry to be a specific program, but rather a process that begins when the juvenile is first incarcerated (pre - release) and ends with his or her successful community reintegration (post - release), evidenced by lack of recidivism. Eligible Applicants State and local governments Funding Funding has been made available for up to 16 awards ranging from $50,000 to $750,000 per grant. Application Deadline June 17, 2013 Application and program information may be found here. For further information, contact the BJA Justice Information Center at (877) 927-5657, or by email at IC @telesishq.com. Second Chance Act Two -Phase Adult Reentry Demonstration Program The Second Chance Act Two -Phase Adult Reentry Demonstration Program provides assistance to State and local governments in the planning and implementation of comprehensive and collaborative strategies and demonstration projects that promote the safe and successful reintegration into the community of individuals who have been incarcerated or detained. Within the context of this initiative, the Department does not envision reentry to be a specific program, but rather a process that begins when the juvenile is first incarcerated (pre - release) and ends with his or her successful community reintegration (post - release), evidenced by lack of recidivism. Eligible Applicants State and local governments Funding Funding has been made available for several awards of up to $750,000 per grant. Application Deadline June 20, 2013 Application and program information may be found here. For further information, contact the BJA Justice Information Center at (877) 927 -5657, or by email at IC @telesishq.com. Joint Adult Drug Court Solicitation to Enhance Services, Coordination, and Treatment Grant Program The Joint Adult Drug Court Solicitation to Enhance Services, Coordination, and Treatment Grant Program is collaboration between the Bureau of Justice Assistance (BJA) and the Substance Abuse and Mental health Administration (SAMHSA) to provide funding to enhance the court services, coordination, and evidence -based substance abuse treatment and recovery support services of adult drug courts. The purpose of this joint initiative is to allow applicants to submit a comprehensive strategy for enhancing drug court services and capacity. Applicants are competing for two grant awards (a grant from SAMHSA and a separate grant from BJA) for both criminal justice and substance abuse treatment funds with one application Funding under this program must be used to serve only nonviolent offenders and must operate the adult drug court based on BJA's and the National Association of Drug Court Professionals' publication Defining Drug Courts: The Key Components, which addresses the statutory requirements. This opportunity provides drug court applicants the flexibility to identify the most appropriate evidence- based court (service /docket) model in which to base the drug court, in order to accommodate the needs and available resources of that jurisdiction. Eligible Applicants State and local governments Funding Funding is available for multiple awards of up to $325,000 grant. Application Deadline June 13, 2013 Application and program information may be found here. For further information, please contact the COPS Office Response Center by telephone at (800) 421 -6770 or via email, AskCopsRC@usdoj.gov. NATIONAL ENDOWMENT FOR THE HUMANITIES Bridging Cultures at Community Colleges NEH Bridging Cultures at Community Colleges grants are intended to strengthen and enrich humanities education and scholarship at community colleges or community college systems. These projects must be planned and implemented in collaboration with another institution with appropriate resources, such as a college or university, museum, research library, or professional association. Grants may be used to enhance the humanities content of existing programs, develop new programs, or lay the foundation for more extensive endeavors in the future. NEH Bridging Cultures at Community Colleges grants r create opportunities for community college faculty members to study together while improving their capacity to teach the humanities; Y enhance or develop areas of need in an institution's humanities programs; and v give community college faculty access to humanities resources through partnerships with other institutions with appropriate resources. Eligible Applicants Any U.S. nonprofit organization with tax - exempt status is eligible, as are state and local governmental agencies and federally recognized Indian tribal governments. Individuals are not eligible to apply. Funding NEH expects to award seven to nine grants of up to $120,000 each in outright funds. The award period may run between eighteen and thirty -six months. Projects must begin no later than September 1, 2014, to accommodate travel to the project directors' meeting in Washington, DC. The estimated award date is April 2014. All applicants will be notified by e-mail of the results of the competition. Application Deadline August 27, 2013 for Projects Beginning September 2014 Application and program information may be found here. For further information, please contact the staff of NEH's Division of Education Programs by telephone at (202) 606 -8380 or via email, bccc @neh.gov. ADDENDUM NO. 1 Questions and Answers RFP No. 2013 -46 PROFESSIONAL FEDERAL LOBBYING SERVICES June 03, 2013 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions & Answers 1. Does the City's RFP policy allow for joint proposals or subcontractors? A. Yes, but the main proposer /bidder must do 75% or more of the work and must be the main contact. 2. Does the City have a local preference policy for RFP's? A. No. 3. Is this RFP designed for "general" federal lobbying or "project specific" federal lobbying services? A. "Project Specific" NOTE: Bidders must acknowledge Receipt of this Addendum by: Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO THE PURCHASING DEPARMENT AT (561) 243 -7166 OR EMAIL nadalArnydelraybeach.com AS SOON AS POSSIBLE. << 5 w Plan holder r Addendum No.1 RFP No. 2013 -46 § \ \ d § § § § 2 ] ! 4 SOL t co co LU v ) LO § § k § k / k k } - c k ) / k \ \ k § / § cli / / cli CV > \ | < � * w a * \ - 2 co z LL I CL 0 LU A � \ z co , § \ \ \8 \ 0 �\ k, k\ \ \ } j j j { 0. �§ ; M k z- d 2 z S S$ LU 2 » » e � k k 0 ] k ) \ LL LL \ \ a_ § § / LU -a § < § L k < ) § / k § MEMORANDUM TO: Mayor and City Commissioners FROM: Vin Nolan, Jr. CEcD, Economic Development Director THROUGH: Louie Chapman, Jr., City Manager DATE: July 3, 2013 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 CONSULTANT AGREEMENT FOR SPERRY VAN NESS/DAVID WILK ITEM BEFORE COMMISSION Consideration approval of a consultant agreement with Sperry Van Ness/David Wilk for Phase III, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor. BACKGROUND In late 2011, the City Commission engaged David Wilk of Sperry Van Ness as a strategic real estate consultant to help reposition the assets of the Congress Avenue corridor to greater productivity and increased appeal to the rebounding economy. Collaborating with City staff, particularly the Economic Development Director, Mr. Wilk undertook an initial asset mapping and strategic branding initiative (Stage I) for the corridor. This resulted in positive press and a heightened focus on this languishing commercial area of Delray Beach. It also supported City Commission action to create the Delray Beach Economic Development Incentive Fund, created in 2012; followed by specific economic development incentive programs adopted by the City Commission later that same year. Mr. Wilk's engagement was extended in May 2012, as Phase II, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor; and then again in January 2013 as a continuation of Phase IL During this time, Mr. Wilk and City officials engaged in targeting potential development teams that might reutilize the critical IWA property (aka former Office Depot headquarters), with a willingness to redevelop the property in a manner consistent with our strategy to use the property as the linchpin to revitalizing the entire corridor. This phase also began to identify prospective end users of all key properties, and to recruit users to other properties utilizing Mr. Wilk's extensive contacts and the City's newly devised incentive programs. Late 2012 and early 2013 yielded two significant breakthroughs in the identification of a prospective lead developer and exciting end users, as well as active engagement with the property owners who had long been absent from the dialogue. Mr. Wilk and the City's Economic Development Director have been actively engaged in pursuing a development agreement with the principals on both sides and are close to finalizing a clear path for redevelopment of the IWA property (as outlined in Mr. Wilk's accompanying report). Mr. Wilk has proven to be a trusted advisor in this process, able to represent the City's interests in pursuing redevelopment of an important property which is essential to achieving the overall strategy for the Innovation Corridor. He brings a national perspective on the real estate market, as well as experience at reinventing and branding underperforming real estate assets. His proposal for continued services (PhaseIII) through the end of January 2014, to maintain the momentum achieved in recent weeks, is attached. The individual relationships he has developed with the property owners, development representatives, neighboring property owners, prospective user groups and City staff makes his continuation of services unique in every way. I also attached some prior background information, for members of the City Commission who may not be familiar with all of the prior work performed by Mr. Wilk. David Wilk's proposed fee for continuation of services is $3,500 per month, which includes any related travel expenses. We have also asked him to include the most current language applicable to municipal contractors and their requirement to comply with public records laws where applicable. FUNDING SOURCE Funding will be available in account number 001 - 1212 -559- 48.17. RECOMMENDATION Recommend approval of the proposed agreement, with the continuing understanding that the City may terminate the agreement at any time at its discretion. CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this day of , 2013, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "City "), and DAVID J. WILK, (hereinafter referred to as "Consultant "). WHEREAS, the parties desire to enter into an agreement to provide expert consulting services to the City; and WHEREAS, the City and Consultant desire to clarify and define their responsibilities with regard to providing said services. NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein, the parties to this Agreement do hereby agree as follows: 1. The City hereby retains the services of Consultant for the purpose of providing real estate /development consulting services to the City. 2. As an independent consultant, Consultant is neither an officer, nor an employee of the City. Consultant must provide a Federal Tax I.D. number if applicable, otherwise, Consultant must provide a social security number. Consultant must submit a completed W -9 form at the time of the submission of the first invoice for all services rendered. 3. Term: The term of this Agreement shall commence on the date written above and terminate on January 31, 2014. This Agreement may be renewed for additional periods as mutually agreed upon by the Consultant and City Commission. However, the Agreement may be terminated by either party without cause by giving five (5) days written notice to the other with or without cause. If the Agreement is terminated by the City, the City shall only be responsible to compensate Consultant for fees incurred up to the date of termination and which are billed within 30 days of termination. 4. The Consultant's fee shall be the sum of Three Thousand Five Hundred Dollars ($3,500.00) per month inclusive of any out -of- pocket expenses and travel- related expenditures. The City shall issue a check within thirty (30) days after receipt of invoice in the Finance Department for all work completed pursuant to the Scope of Services attached hereto on Exhibit "A ". 5. This Agreement does not create an employer /employee relationship between the parties. Consultant is not entitled to any benefits paid to City employees. It is the intent of the parties that under this Agreement, an independent consultant is not an employee of the City for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. 6. Consultant shall be responsible for all taxes of any kind. An IRS W -2 form will not be provided. The City will provide an IRS Form 1099 required by law. Consultant recognizes that no Federal Income Tax or Social Security will be withheld. However, if Consultant requests in writing that Federal Income tax be withheld, the City will deduct the Federal Income tax withheld and remit to the IRS. 7. That City shall not be responsible for any property damage or personal injury sustained by Consultant from any cause whatever, prior, during, or subsequent to the period of time during which this Agreement is in effect. The Consultant hereby waives, discharges, and releases the City, its agents and employees from liability for the negligent acts of City or its employees and agents. 8. This Agreement is a personal service contract and an assignment of this Agreement by Consultant without the written consent of the City is void. 9. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. The provision of services provided for herein is non - exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 10. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in performance of this Agreement. 11. All notices shall be effective when mailed to the following addresses: Consultant address: David J. Wilk, CRE, MAI, National Director, Corporate Real Estate & Advisory Services, Sperry Van Ness One Riverwalk Centre 110 S. Poplar Street Wilmington, DE 19801 City address: Louie Chapman, Jr., City Manager 100 N.W. 1 st Avenue Delray Beach, FL 33444 12. This Agreement represents the entire understanding of the parties and supersedes all other written or oral agreements. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 13. Notwithstanding Paragraph 3, Consultant understands that Consultant must comply with all applicable laws, rules and regulations, and maintain all required qualifications to provide the services provided for under this Agreement and failure to do so, shall cause this Agreement to be immediately deemed null and void and notice of termination, as set forth in Section 3 is not required. 14. Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. in accordance with state law, Consultant 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 Consultant at the termination of the contract 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 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 Consultant. e) If Consultant 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: Print Name: Print Name: STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA Louie Chapman, Jr., City Manager CONSULTANT: in David J. Wilk Social Security No.: or Federal Tax. No.: The foregoing instrument was acknowledged before 2013, by acknowledging), who is personally known to me or (type of identification) as identification me this day of (name of person who has produced Signature of Notary Public - State of Florida EXHIBIT "A" I. Contract Negotiations, Site Control (Phase III) A. Advance initial due diligence and define a feasible pathway for redevelopment of AEGON's property. B. Work closely with City leadership and AEGON to execute on the Delray Beach Innovation Corridor (DBIC) branding and development strategies. The next steps in the aforementioned process will be as follows: 1. Commitments - Key Stakeholders /Users (Phase III) a. Continue to facilitate and co- manage the process of AEGON finalizing a redevelopment agreement and plan for their property. b. Advise on creating a mutually protective public - private partnership agreement between the City and AEGON which ideally will allow for initial catalyst projects to start on the property (2200 Germantown Rd.). C. Work to secure new investors, developers, users, and other strategic partners to bring the optimal mix of stakeholders to the DBIP property and tell our "Story" in the market. d. Collaborate with Vin Nolan, CRA, BDB, and real estate community to develop the necessary financing structure, planning, infrastructure, and economic development programming to ensure the success of the new plan and vision for the Corridor and Park. e. Invite other property owners along Congress Avenue Corridor (Harddrives, Arbors, vacant land owners, and Delray Corp. Ctr) to join in as integral parts of the DBIC story. f. Introduce sustainable energy (with solar and renewable fuel cells) to power the redevelopment of the DBIC. g. Finalize the redevelopment plan for the AEGON property, as follows: 1) Finalize site control and contract negotiations with AEGON. 2) Finalize new catalyst projects and create the market buzz for the Corridor through a major PR event that launches the new market story. 3) Once we have created the market buzz for the Corridor, the balance of the real estate development process for the Delray Beach Innovation Corridor should follow the steps below: a) Construction Commencement - Catalyst Projects b) Initiation of Operations and Occupancy by New Users C) Optimization of Remaining Economic Units on the AEGON property and along the Corridor as outlined in the Strategic Marketing Plan II. Management A. Vincent Nolan, C E c D , will manage this project and work closely with David J. Wilk, CRE, MAI in Phase III activities. Mr. Wilk will provide regular, monthly updates on activities in terms of deal flow, opportunity areas, new property activity, pending market transactions, and targeting efforts for new users. B. All activities will be undertaken in concert with continuing to elevate the DBIC brand and driving maximum benefits, new residents, economic development, and jobs for Delray Beach. C. The Phase III advisory fees will be structured to focus on finalizing the buy -in from AEGON, packaging the financial incentives for the redevelopment of IWA (former Office Depot property), landing initial new user deals at the Innovation Park, and advancing new development deals on other property along the Corridor. lu plu Sperry Van Ness Commercial Real Estate AdvisorsTm E O Phase 111 Real Estate Strategic Marketing Plan Implementation r a Beach OVATION fORRIDOR Presented To: Mr. Louie Chapman, City Manager, Delray Beach, Florida June, 2013 Sperry Van Ness Commercial Real Estate AdvisorsTM June 30, 2013 Mr. Louie Chapman City of Delray Beach City Hall Delray Beach, FL 33444 RE: Phase III — Execution of Strategic Marketing Plan - Delray Beach Innovation Corridor Dear Mr. Chapman: I am providing this engagement letter for the continuation of real estate advisory and consulting services on the newly designated Delray Beach Innovation Corridor ( "DBIC ") and Park. To provide a frame of reference, our real estate consulting services provided to the City have evolved based on the following process related to the creation of the Delray Beach Innovation Corridor ( "DBIC "): Idea Inception (Phase I - Strategic Marketing Plan) • We were originally retained by the City to create a Strategic Marketing Plan for the Congress Avenue Corridor in December, 2011 and commenced activity in January, 2012 • From January, 2012 through April, 2012, we completed our analysis and presentation relating to the creation of the Delray Beach Innovation Corridor and Park (see attached). • We received a positive reaction from the City Manager and Commission on our Strategic Marketing Plan in April, 2012, and were engaged for a next phase of work which started in May, 2012. Idea Refinement and Market Tests (Phases I and II) • We moved from Phase I to Phase II of our work through creating the "pitch book" and "market story" for the Corridor, executing on next steps from the Strategic Marketing Plan, working with Vin Nolan to develop the economic incentive package for the Corridor, and culminating with catalyst news articles in the Sun Sentinel through July, 2012 (see attached). • With buy -in from the community on our vision and strategy, Phase II continued from July, 2012 to December, 2012 through an interactive process with local investors and potential developers. We came out of this process with a team led by Keith O'Donnell, who was most interested and committed to working with the City to gain site control on the IWA (former Office Depot property). One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 - 540 -5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. E O v N 1101, Sperry Van Ness Commercial Real Estate AdvisorsTM We then aggressively pursued the owners of the IWA property ( AEGON) to get them to engage with us and/or Keith on the Delray Beach Innovation Park plan. We started by trying to see if they would sell the property through presenting them Keith's group. However, they were mostly non - engaging (due to their internal corporate priorities), until December 2012, when we were finally able to start a meaningful dialogue. While waiting for AEGON, we supported Keith's efforts by targeting users who would be great fits for the DBIC strategy and Innovation Park, market tested various development options, and prepared with Keith to "wow" AEGON with the NOVO Delray concept we developed for their property. Feasibility Analysis & Entitlements (Phases I and II) The users we targeted and pursued throughout Phase II (many who are now engaged with us in potentially locating at the Delray Beach Innovation Park) include medical education and technology (PBMEC), universities and colleges, critical care nursing in conjunction with medical education and college, assisted living, multi - family, medical office, retail restaurant and commercial, incubator and entrepreneurial hub space, solar, and other lifestyle users. • These users became interested in the Park during the last half of 2012 and early 2013, helped demonstrate market validation and feasibility for our repositioning and rebranding strategy for the "Delray Beach Innovation Corridor ". Now we are working on specific deals with these users for various economic units comprising the property. Ironically, at the end of Phase II, we had all this activity ready to move forward with users, and were primed to launch our full strategy, but we still needed to finalize site control with AEGON in order to move forward in redeveloping the AEGON property into the "Delray Beach Innovation Park ". • After a year of intense pursuit, we had a major breakthrough in May /June, 2013, when the senior management of IWA agreed to engage with Keith and our team. Contract Negotiations, Site Control (Phase III) As of the writing of this engagement chronology, Vin and I are right in the middle of managing a process where AEGON and Keith are finalizing an agreement to complete initial due diligence and define a feasible pathway for redevelopment. on the property. We are prepared to transition our Phase II work to Phase III, in which we we will be able to help AEGON and Keith's group to physically execute on the Delray Beach Innovation Corridor and Park branding and development strategies. One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 - 540 -5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. E O V N Sperry Van Ness Commercial Real Estate AdvisorsTM The next steps in the aforementioned process will be as follows: Commitments - Key Stakeholders /Users (Phase III) • Continue to facilitate and drive the process behind AEGON and NOVO finalizing a redevelopment agreement and execution plan on the IWA property. • Assist with creating a mutually protective public - private partnership agreement between the City, NOVO, and AEGON which will allow for an initial first catalyst project to start on the property (2200 Bldg for PBMEC and one other user whose identity needs to remain confidential). • Work to land potential additional investors, new users, and other strategic partners to bring the optimal mix of stakeholders to the DBIP property in addition to the PBMEC use. • Collaborate with Vin, CRA, BDB, and real estate community to develop the necessary financing structure, planning, infrastructure, and economic development programming to ensure the success of the new plan and vision for the Corridor and Park. • Invite other property owners along Congress Avenue Corridor (Harddrives, Arbors, vacant land owners, and Delray Corp. Ctr) to join in as integral parts of the DBIC story. • Introduce sustainable energy (with solar and renewable fuel cells) to power the redevelopment of the DBIC. In summary, the most important next step in our Phase III process is to finalize the redevelopment plan for the DBIP property between AEGON and NOVO, which has accelerated significantly over the last 30 days. We will focus intensively on finalizing site control and contract negotiations to enable Keith and his team to as soon as possible. Then we will be in a position to announce the first catalyst projects for the Delray Beach Innovation Corridor and Park property ( PBMEC and college) and put on a major PR event (Press Conference) launching the new Med -U -Tech concept for the DBIP. Once we have the AEGON deal underway and have created the market buzz for the Corridor, the balance of the real estate development process for the Delray Beach Innovation Corridor and Park will be able to follow through the steps below: Construction Commencement - Catalyst Projects Initiation of Operations and Occupancy by PBMEC and others Asset Management and Optimization of Remaining Economic Units outlined in the Strategic Marketing Plan One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 - 540 -5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. E O V N Sperry Van Ness Commercial Real Estate AdvisorsTM David J. Wilk, CRE, MAI will manage Phase III of the project and work closely with Vin Nolan in Phase II I activities that will span from the acceptance of this engagement letter through December, 2013. At that point, we will be in a better position to address next steps and status within the overall development process previously outlined. We will provide regular updates on our activities in terms of deal flow, opportunity areas, new property activity, pending market transactions, and targeting efforts for new users. All of these activities will be completed in concert with the continued elevation of the DBIC brand and driving maximum benefits, new residents, and jobs to the Delray Beach economy. Our Phase III advisory fees will be structured to focus on finalizing the buy -in from AEGON, packaging the financial incentives for the redevelopment of IWA, landing initial new user deals at the Innovation Park, and stimulating new development interest on other property within the DBIC. We suggest a fee structure for Phase III activities of $2,500 per month from July, through December, 2013, plus out -of- pocket expenses for travel - related expenditures which will be billed at cost. Thank you for the confidence you have shown in allowing us the opportunity to continue our work with you on this wonderful project. I look forward to delivering significant additional value and benefits to the City of Delray Beach for Phase III in executing our strategy of transforming Congress Avenue into the Delray Beach Innovation Corridor and Park. Very truly yours, David J. Wilk, CRE, MAI National Director, Corporate Real Estate & Advisory Services Cc: Vin Nolan One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 - 540 -5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. E O V N I�I Sperry Van Ness Commercial Real Estate AdvisorsTM David J. Wilk, CRE, MAI Mr. Wilk is National Director of Corporate Real Estate and Advisory Services for Sperry Van Ness ( "SVN ") and Corporate Valuation Advisors ( "CVA "). David creates value in today's market for corporations, private equity firms, developers /investors, and institutions (universities, hospitals, governmental entities) by focusing on real estate strategies that generate new earnings, cost savings and bottom line impact. Within these types of value propositions, Mr. Wilk also provides valuations and market studies, economic development strategies for municipalities through repositioning key properties, and marketing /branding strategies that optimize challenging real estate assets. Mr. Wilk was formerly National Managing Director of Duff & Phelps Corporate Real Estate Advisory Group from 2008 through 2009 after they acquired Greystone Realty Advisors, a boutique advisory firm he founded in 1997. From 1995 to 1997 Mr. Wilk was Regional Director of Corporate Real Estate Services for Ernst & Young LLP in the Middle Atlantic. From 1993 to 1995, Mr. Wilk was Managing Director of the Real Estate Valuation Group for Arthur Andersen in Philadelphia after Andersen acquired Wilk & Associates, Inc., a real estate consulting company founded in 1987. From 1977 to 1987, Mr. Wilk held senior management positions with Valuation Research Corporation, Arthur D. Little, and was National Director of Valuation Services for Kenneth Leventhal & Co in California. Mr. Wilk was an Adjunct Professor at the University of Delaware Lerner Business School from 1989 to 2012 teaching Real Estate Finance (FINC 417), Real Estate Development & Investment (FINC 467), and MBA Real Estate Finance (FINC 854). He earned a Bachelor's Degree in Finance from the University of Delaware and is completing a Master of Science degree program at Johns Hopkins University Carey Business School while also collaborating with Charles J. Schilke, JD, CRE, and Lindsay Thompson, Ph.D on Corporate Real Estate Earnings Measurement and Place- Making Economic Development Strategies. Mr. Wilk is a Counselor of Real Estate (CRE) and a Member of the Appraisal Institute (MAI) since 1985. He is a Licensed Real Estate Broker and Certified General Appraiser in the State of Delaware. He has also qualified as an expert witness in numerous State and Federal court jurisdictions on a national level. Mr. Wilk has 35 years of real estate experience on commercial, industrial, residential, agricultural, governmental, and institutional real estate projects including having worked in 48 states in the U.S., Canada, Mexico, Europe, South America, the Caribbean, Asia, and the South Pacific. Real estate consulting highlights from Mr. Wilk's career include; Pebble Beach, Aspen Ski Resorts, 20th Century Fox Film Studios, Irvine Ranch, Madison Square Garden, Santa Anita Racetrack, Dover Downs, Elvis Presley Enterprises, Hyatt Regency & Four Seasons Resorts in Hawaii, Chevron's Huntington Beach Company, Marriott's Great America Theme Parks, Power Plant in Baltimore, Art Deco Hotels in South Beach, Pennsylvania Convention Center and Philadelphia Marriott Hotel, Comcast Cable Systems, Bikini Atoll in Micronesia (South Pacific) University of Pennsylvania Penn Inn, Fort DeRussy in Waikiki, Hawaii. One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 - 540 -5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. 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U a) fa a) , ca L N O Q — `— a) ca 0) a) 'ca 0 a) -� Y Z° E ; 75 0 m o Q cn .� ; o : 0 m o Up a) a) Oi L ca 0 0 > L y ► a) � fa > cn 0 a) _ CU L a) = c a) a) L LL — fa ca O N fa a) cn �� y ► "-' > �OE�� Eow(D ° .ao0o c C: >I o�m ���'�Y _0 E >o o� �tio Q�O� o�� Mme' a)cv� SOU cu ca >> 0 0 `� >I ° 00 0 2 0 U c _0 0 cu cu J cn p �' c� U cn U" cn a)� U p Q ) _ CU Q L 4--� � 0 O yr > >> Y_Q Y 0 >0 Y_��E Ya) Y a)a)CU Ooo cn a) 0 > •� Q4— -0 O > U > U > O L O > V y► L L U O a) L E O O � cu L 0 L L L 'O O a) O a) c� a) a) �:�� cvUw 2Z ��m cv.� � LL2U 0�2Ump WELCOME TO THE... a i e r ea INNOVATIdN ORRIDOR VISION • Transform the Congress Avenue Corridor in Delray Beach into the Delray Beach Innovation Corridor ( "D B I C "). • Create a catalyst project on the 42 ± acre IWA property that attracts users seeking technology, innovation, co- working space, and lifestyle connectivity. • Capitalize on the DBIC's 1 -95 access and visibility to generate new demand for its real estate. • Connect Delray Beach with Boca Raton to brand and "place- make" the area into a nexus of medical, educational and technological FEE, oFE] Congress Ave. at 1 -95 City of Delray Beach Palm Beach County, Florida J engenuiry innovation. y �' Ir J © ❑©❑'�jjjj1..�m.. .wr.ra.•ors wac., L. l I1I Sp Sp�errryy4V�yn Ness The information listed above has been obtained from sources we believe to be reliable, however, we accept no responsibility for its corrections. e ra Beach INN OVA TION fORRIDOR IMPLEMENTATION PLAN A new strategic marketing and branding plan will reposition the A2 ± acre IWA property into the "Delray Beach Innovation Park ". The conceptual plan for the IWA property (on right) includes a unique mixture of innovative uses. • A competitive financial incentive and economic development package is being formulated. Aesthetic and infrastructure improvements, CRA District formation and accelerated entitlements are being planned. A "green" trolley link and transit linkages are being explored between Congress Ave. Tri -Rail, and downtown Delray Beach. • Solar power and renewable /sustainable energy components will be incorporated to differentiate the DBIC. David J. Wilk I CRE, MAI Sperry Van Ness National Director, Corp. RE & Advisory Services One Riverwalk Centre 1 10 Poplar St., Suite 103 1 Wilmington, DE 19801 302.5A0.5959 I david.wilk @svn.com www.valuecreaterealestate.com Tk-.. ti 0 &DW4 Congress Ave. at 1 -95 City of Delray Beach Palm Beach County, Florida (Google Earth Coordinates: 26 °13.56 "N 80 °5'33.69 "W) Vincent P. Nolan Jr., CEcD Economic Development Director City of Delray Beach & Delray Beach Community Redevelopment Agency 20 N. Swinton Avenue I Delray Beach, FL 33AAA (561) 276.86A0 nolanv e_mydelraybeach.com The information listed above has been obtained from sources we believe to be reliable, however, we accept no responsibility for its corrections. c c +n E 0 V 03 c ED N a a a C7 ai c :N @J 0 m d t M LD A) p3 W U z Qj w 0 ia W Z 0 H C) w U) Q 67 � •S+i '� [) •� w •� N y •� � p cCDiVaITG� CS "^,o-�� mom, � w °u•�P, m �_ � ,�, i'�•� �� ��-p as C n•M sue. �•� � � � y 1 7 �Ck��•ab Poi ,Do su P w N V 0 v v•� a a � �r��+ sJ n O V •� � Cl a � O •.�Z. �'� `d � a �•R � R �+ a1 ^� `� u �'� � ��" � ° ° °�i��. ^•v o ,ter �p � � w u O ai s of ar - €1C vii r�r'b U 4av7 -5 8.� rV+ a r00iea'�'' al ww �yc� ucso o y c,arm�a ati° v a 0 0' ccnP, x o Z� a ca tea, ei•�� � � a��.� � O,� �•�� � as EG can c, Q ° ° w � z � b '' C? ^c,(QyoaVy,y t•d- -� o V gg 00a� m N tt •Oa V? Q,i � .y � A u S".. O V • Q.79 a w S a.± •-- " A ik w o • � O � P CLal4� m a v Q�j # C4��y�°. ��yy w i�l lf!l -1 11 E Ml4ff! - -- !f WIN MEN! 'iqig� Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12013. ATTEST City Clerk First Reading Second Reading MAYOR 4 ORD. NO. 17 -13