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07-15-14 Regular Meeting
City of Delray Beach • Regular Commission Meeting Tuesday, 15, 2014 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 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. May 6, 2014 -Regular Meeting B. May 20, 2014 -Regular Meeting 5. PRESENTATIONS: A. NONE 6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST OF A SIDEWALK DEFERRAL/3011 JASMINE COURT: Approve an agreement to defer installing a sidewalk along the east side of Jasmine Court, east of Spanish Trail and south of Jasmine Drive, in the Tropic Isles Subdivision for the property located at 3011 Jasmine Court. B. ACCEPTANCE OF A RIGHT OF WAY DEED/SOUTHGATE MOTEL: Approve acceptance of a 20' right of way deed along the rear properly frontage adjacent to Old Dixie Highway for Southgate Motel located at 1600 North Federal Highway. C. ACCEPTANCE OF A RIGHT OF WAY DEED/RAINBOW WAREHOUSE: Approve acceptance of a right-of-way deed associated with a Class V Site Plan approval for Rainbow Warehouse for a 10' right-of-way located along the west side of Wallace Drive at 1402 Wallace Drive. D. FINAL SUBDIVISION PLAT/UPTOWN DELRAY: Approve a final subdivision plat for Uptown Delray, proposed mixed-use development that includes 146 dwelling units and 3,529 square feet of retail/office space, located on the north side of S.E. 211d Street between S.E. 4th Avenue and S.E. 5th Avenue. 1. ACCEPTANCE OF A RIGHT OF WAY DEED: Approve acceptance of a Ri$!ht- of-Way Deed with Monogram Residential Delray II Project Owner, LLC., to abandon a portion of a 16' wide north-south alley in the center of the block for the project associated with Uptown Delray located between S.E. 414- Avenue and S.E. 5th Avenue on the north side of S.E. 2nd Street. E. FINAL SUBDIVISION PLAT/DELRAY PRESERVE: Approve a final subdivision boundary plat to combine five parcels of land into one parcel for Delray Preserve located on the east side of North Federal Highway, south of Gulf Stream Boulevard. F. ACCEPTANCE OF A SANITARY SEWER EASEMENT DEED/ MD NOW: Approve acceptance of an exclusive sanitary sewer deed for the installation of a manhole for MD Now located at 601 Linton Boulevard. G. ACCEPTANCE OF A WATER EASEMENT DEED/ MD NOW: Approve acceptance of an exclusive water deed for the relocation of a water meter for MD Now located at 601 Linton Boulevard. H. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/MANCIL'S TRACTOR SERVICE, INC.: Approve Contract Closeout (C.O. No. 2/Final) in the amount of $36,033.81 decrease and final payment in the amount of $58,612.45 to Mancil's Tractor Service, Inc., for completion of the S.W. 211—d Street Beautification Project (Bid No. 2012-14). This item complies with Code of Ordinances Chapter 36, Section 36.06, "Change Orders", (A)(2), "City Commission Approved Contracts; Within the Scope of Work". Funding is available from 334-3162-541-65.95 (General Construction Fund: Capital Outlay/S.W. 2nd Street Beautification) and 448-5461-538- 65.95 (Storm Water Utility Fund: Other Improvements/S.W. Street Beautification). I. CONTRACT FOR CONSULTING AND PROFESSIONAL SERVICES/CENTER FOR ENTERPRISE OPPORTUNITY/ COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve a Contract for Consulting and Professional Service between the City of Delray Beach, Center for Enterprise Opportunity and the Community Redevelopment Agency (CRA) in the amount of $50,000.00 for microenterprise development. Funding is available from 118-1965-559-49.59 (Neighborhood Services: Other Current Charges/Micro Lending) and 118-1930-559- 49.50 (Neighborhood Services: Other Current Charges/Micro Lending). J. SERVICE AUTHORIZATION NO. 07/CB & I COASTAL PLANNING & ENGINEERING, INC.: Approve Service Authorization No. 7 with CB & I Coastal Planning and Engineering, Inc. in the amount of $76,490.00 for professional services related to post beach renourishment Florida Department of Environmental Protection permit requirements. This is in compliance with Code of Ordinances Chapter 36, Section 36.02, "Methods of Acquisition", (C) "Direct Acquisition Method", (3), "Professional Services". Funding is available from 332-4164-572-31.30 (Beach Restoration Fund: Professional Services/Engineering/Architectural). K. CHANGE ORDER NO. 2/MANCIL'S TRACTOR SERVICE, INC.: Approve Change Order No. 2 to Mancil's Tractor Service, Inc. in the amount of $14,700.25 and lZrant an extension of the contract deadline ten (10) calendar days for completion of additional scope of work for the N.E. 1st Avenue Improvements Project (Project No. 12-042). This is in compliance with Code of Ordinances Chapter 36, Section 36.06, "Change Orders", (A)(3), "City Commission Approved Contracts; Extension of Completion Dates". Funding will be provided from the Contract Unforeseen Conditions Allowance. L. RESOLUTION NO. 33-14: Approve Resolution No. 33-14 assessing costs for abatement action required to remove nuisances on three (3) properties throughout the City of Delray Beach. M.PROCLAMATIONS: 1. None N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 30, 2014 through July 11, 2014. O. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Transmap Corporation in the amount of $22,834.00 for sign inventory (Project No. 14-084). This award is in compliance with Code of Ordinances Chapter 36, Section 36.02 (C)(6)(a), "Sole Source and City Standard"; Section 36.03 (A), "Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or Greater" and Section 36.03 (B), "Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars in Any Fiscal Year". Funding is available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 9. REGULAR AGENDA: A. FINAL SUBDIVISION PLAT AND WAIVER REQUEST/SALVATORI- GALLOWAY: Consider approval of a final subdivision plat for a proposed two-lot single family subdivision; and a waiver request to Land Development Regulations (LDR) Section 4.3.4(K) to reduce the minimum lot size from 7,500 square feet to 6,120 square feet with Salvatori-Galloway for the proposed Lot 2 of the subdivision located at the southeast corner of N.E. 2nd Avenue and N.E. 13th Street. (Quasi-Judicial Hearin B. WAIVER REQUEST/402 NORTH OCEAN BOULEVARD: Consider approval of a waiver request to Land Development Regulations (LDR) Section 6.1.3(D)(1)(b), "Relief from Sidewalk Installation; Residential; Waiver", to allow relief from the requirement for construction of a five foot (5') sidewalk along the north side of Beach Drive in association with a North Beach Overlay District for the property located at 402 North Ocean Boulevard. (Quasi-Judicial Hearina) C. WAIVER REQUESTS/CODA: Consider approval of two (2)waiver requests to Land Development Regulations (LDR) Section 4.4.6(F)(3)(c), "Porch Encroachments", to allow 66% frontage for open front porches alonll S.W. 0 Avenue and S.W. 2nd Avenue, whereas a maximum of 50% is allowed and Section 4.6.14(B)(6) "Other Intersections", to allow 30' sight visibility triangles at the intersections of S.W. 2nd Avenue and S.W. lit Avenue along S.W. lit Street, whereas 40' sight visibility triangles are required for Coda located at the S.W. corner of S.W. 1St Street and S.W. 1St Avenue.(Quasi-Judicial Hearing) D. WAIVER REQUESTS/SOFA DISTRICT LOFTS: Consider approval of three (3) waiver requests for SOFA District Lofts to allow 9' from finished floor to finished ceiling on the ground level, whereas 10' is required pursuant to Land Development Regulations (LDR) Section 4.4.13(F)(1)(c), "Floor Height", and to allow 57.87% glass transparency area on the ground level facing S.E. 1St Avenue, whereas a minimum of 75% glass transparency area is required pursuant to Land Development Regulations (LDR) Section 4.6.18(B)(14)(iv)(2), "Windows and Doors", and to allow a 0' perimeter landscape strip along the south property line, whereas a minimum 5' perimeter landscape strip is required pursuant to Land Development Regulations (LDR) Section 4.6.16(H)(3)(d), "Landscaped Barrier", for the property located on the east side of S.E. lit Avenue, south of S.W. lit Street. (Quasi-Judicial Hearing) E. WAIVER REQUESTS/SOFA DISTRICT OFFICES: Consider approval of three (3) waiver requests to Land Development Regulations (LDR) Sections 4.6.18(B)(14)(iv) (2), "Windows and Doors"; Section 4.6.14(B)(1), "Driveway Intersecting Street or Alley"; and Section 4.4.13(F)(4)(c)(2), "Upper Levels", for SOFA District Offices located at the northeast corner of S.E. lit Avenue and S.E. lit Street. (Quasi-Judicial Hearin F. REQUEST FOR A SIDEWALK DEFERRAL/SOUTHGATE MOTEL: Consider an agreement to defer installing a sidewalk along the east side of Old Dixie Highway for a Class V Site Plan associated with the Southgate Motel located at 1600 North Federal Highway. G. COUNTER PROPOSAL TO SETTLEMENT AGREEMENT WITH MR. LOUIE CHAPMAN, JR.: Consider a counter proposal to a settlement agreement with Mr. Louie Chapman, Jr. to settle his employment claims. H. REVIEW OF EXECUTIVE PLACEMENT FIRMS TO CONDUCT A CITY MANAGER SEARCH FOR THE CITY OF DELRAY BEACH: Provide direction regarding the use of an Executive Placement Firm to conduct a City Manager search for the City of Delray Beach. I. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 881h- Annual Conference to be held at Westin Diplomat in Hollywood, Florida on August 14-16, 2014. J. IN-LIEU OF PARKING FEE REQUEST/MINDFUL MANAGEMENT: Consider approval of a request from Mindful Management for the purchase of two (2) in-lieu parking spaces located at 280-290 N.E. 211d Avenue at a cost of$7,800.00 each totaling $15,600.00 to be paid in full upon issuance of a buildinll permit. K. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for FY 2015, and set the budget review and adoption schedule. L. PROPOSED MILLAGE RATE/DOWNTOWN DEVELOPMENT AUTHORITY: Consider approval of the Downtown Development Authority's proposed millage rate for FY 2015. M.NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD: Nominate one (1) regular member and one (1) alternate member for appointment to the Civil Service Board to serve two (2) year terms ending July 1, 2016. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat#1) and Commissioner Jacquet (Seat#2).Jacquet (Seat#2). N. NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Nominate four (4) regular members for appointment to the Affordable Housing Advisory Committee to serve two (2) year terms ending July 31, 2016. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Jarjura (Seat #4). O. NOMINATIONS FOR APPOINTMENT TO THE GREEN IMPLEMENTATION BOARD: Nominate three (3) regular members for appointment to the Green Implementation Board to serve two (2) year terms ending July 31, 2016. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat#2). P. NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD: Nominate six (6) regular members for appointment to the Police Advisory Board to serve two (2) year terms ending July 31, 2016. Based on the rotation system, the nominations for appointment will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat #5), Commissioner Petrolia (,Seat #1) and Commissioner Jacquet (,Seat#2). Q. NOMINATION FOR APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Nominate one (1) regular member for appointment to the Parking Management Advisory Board to serve a two (2) year term ending July 1, 2016. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat #5). R. NOMINATION FOR APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Nominate one (1) regular member for appointment to the Nuisance Abatement Board to serve a two (2) year term ending July 1, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4). S. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD: Nominate one (1) regular member to serve two year terms ending July 31, 2016 to the Education Board. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2). T. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Nominate one (1) regular member to serve an unexpired term ending July 31, 2015 to the Public Art Advisory Board. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat #2). U. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Nominate one (1) regular member for appointment to the Delray Beach Housing Authority to serve a four (4) year term ending July 1, 2018. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2). 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2015 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2015 Proposed Budget at this time. B. RESOLUTION NO. 29-14: Consider approval of Resolution No. 29-14 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2015 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. C. AMENDMENT TO THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT/CANNERY ROW, LLC: Consider approval of an Amendment to the Development Agreement and Purchase and Sale Agreement with Canner LLC., provides that instead of the City having the option to purchase a shell of a building on Lot 12 of the Cannery Row Plat for $530,000.00, the developer will give the City the property labeled Proposed Tract "O" on the plat for park purposes. 11. FIRST READINGS: A. ORDINANCE NO. 19-14: Consider an amendment to the Land Development Regulations (LDR), by amending Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu Fee" and (4), "Public Parking Fee", to reflect fee changes for same. If passed, a public hearing will be held on August 5, 2014. B. ORDINANCE NO. 21-14: Consider amending Chapter 35, "Employee Policies and Benefits", Section 35.105, "Administration by Retirement Committee", Subsection (A)(1), "Retirement Committee Established", to require the Chief Financial Officer or Treasurer to be a member of the general employee's retirement committee. If passed, a public hearing will be held on August 5, 2014. C. ORDINANCE NO. 22-14: Consider amending the Land Development Regulations (LDR) of the City of Delray Beach, establishing a temporary building moratorium on pet stores and as further defined herein for a period of six (6) months from the date of adoption of the ordinance; providing for geographic area covered; providing for the duration of moratorium. If passed, a public hearing will be held on August 5, 2014. D. ORDINANCE NO. 23-14: Consider an amendment to the Land Development Regulations (LDR), establishing a temporary building moratorium on marijuana dispensaries/medical marijuana treatment centers as further defined herein for a period of six (6) months from the date of adoption of this ordinance; providing for geographic area covered; providing for the duration of moratorium. If passed, a public hearing will be held on August 5, 2014. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MAY 6, 2014 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, May 6, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- Commissioner Frankel Also present were - Louie Chapman, Jr., City Manager Terrill Pyburn, Interim City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Anthony Cuseo. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES. Vice Mayor Petrolia moved to approve the Minutes of the Special Meeting of February 28, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. Deputy Vice Mayor Jarjura moved to approve the Minutes of the Regular Meeting of March 18, 2014, seconded by Mayor Glickstein. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. 5. PRESENTATIONS: S.A. Recognizing and commending the Atlantic Community High School Robotics Team Mayor Glickstein read a Special Recognition Award recognizing and commending the Atlantic Community High School Eagles Robotics Xperience (ERX) Team which went undefeated against 30 robotic teams competing throughout the Tri- 05/06/14 County area. He stated ERX advanced to the Florida State Championship where they finished in second place and advanced to the United States Southern Division Super Regional representing the top 72 teams out of 800 in the Southeastern U.S. where they also claimed the second place title. Mayor Glickstein stated last month ERX traveled to the FIRST (For Inspiration and Recognition of Science and Technology) Tech Challenge World Championship attended by the top 128 teams out of over 3,500 throughout the world and won. Mayor Glickstein stated competing for the last three (3) years ERX's 13 members have worked together to design and build robots to tackle prescribed game challenges released at the start of each year. Atlantic High's Robotics Team is also actively involved in our community. The team has created a non-profit organization called STEM HQ (www.stemhq.org) which hosts the Delray/Boca Robotics League a program where students interested in robotics can engage in Lego Robotics and be mentored by ERX team members. Mayor Glickstein congratulated Atlantic High School Principal Dr. Anthony Lockhart, Ph.D., Robotics Team Coach Vladimir Safin, and the entire World Champion ERX Team. S.B. Recognizing and commending the Carver Middle School Robotics Club Mayor Glickstein read a special recognition award recognizing and commending Carver Middle School Robotics Club for their outstanding achievement in the FIRST LEGO League 2013 Robotics Extravaganza. The Club, participating for the first time in this event, earned the "Against All Odds" Award. The competition was held at the Safe Schools Center in Boca Raton on February 1, 2014. Carver Middle School Robotics Club promotes science and technology through robotics activities and competitions. In October 2013, the six (6) members of the club worked as a team to compete in the FIRST (For Inspiration and Recognition of Science and Technology) LEGO League tournament. The competition required students to build a LEGO robot and program it to conduct rescue and clean missions in several natural disaster scenarios. Mayor Glickstein congratulated Carver Middle School Principal Kiwana Prophete for doing wonderful things at Carver to improve the school's character and academic programs, Club Coach Juan Andrade, and the entire Robotics Club. S.C. "Plastic-Not So Fantastic" -Unity School of Delray Beach Ms. Lucille "Lu" Grummer, Unity School of Delray Beach, introduced her 7 t grade science class. The students gave a brief PowerPoint presentation regarding the worldwide problem of plastics in our oceans. After the missing Malaysia Airlines Flight 370 was nowhere to be found they discovered how polluted the ocean really is and how it is negatively affecting the environment. S.D. 2014 Delray Affair Wrap-Up - Karen Granger, President and CEO Chamber of Commerce Karen Granger, President and CEO and President of the Delray Beach Chamber of Commerce, gave a brief PowerPoint presentation regarding the 2014 Delray Affair. 2 05/06/14 At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to a previous comment at the last meeting regarding the beach pavilion and the pigeon deterrents, the City Manager stated those pigeon deterrents have been ordered and will be installed at the pavilion by the end of the month. Secondly, with regard to previous comments about sidewalk deferrals, the City Manager stated staff recommends to the City Commission that sidewalk deferrals be placed on the July Workshop agenda for discussion. 6.11. From the Public. 6.11.1. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843 (speaking from a business only standpoint) stated the most important element that any employer can have in their employees is confidence. Mr. Blum stated this city, City Commission, and the people of Delray have lost their confidence in their current City Manager. He urged the City Commission to ask for the City Manager's resignation immediately. Mr. Blum stated if the City Manager does not comply he feels the City Commission has an obligation to vote him out of his position and immediately start a search for a new City Manager. Mr. Blum stated he has no faith in the City Manager to handle the responsibilities of the budget in a responsible manner. 6.112. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated the City Manager has only been employed for one year. She urged the City Commission to work together as a team. Ms. Moody urged the City Commission to promote the Interim City Attorney to the City Attorney position. 6.11.3. Mitzi Kaitz, 110 N.E. 6th Street, Delray Beach, FL 33444 (representing S.A.F.E), stated there are no bike lanes on Atlantic Avenue and asked where bicyclists can ride safely. Ms. Kaitz read a brief statement into the record and stated S.A.F.E. requests the following: (1) do nothing to improve pedestrian/bicycle safety, (2) eliminate parking on one side of the street for adding bike lanes, (3) close Atlantic Avenue to motor vehicle traffic, or(4) approve a shared lane use. 6.11.4. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445, stated we need to deal with a mix of people, vehicles, and bicycles in congested areas in this city. Secondly, Ms. Anderson expressed concern over the suggestion that the City charge $1.00 for the trolley service. She stated this is anathema to all that S.A.F.E. 3 05/06/14 has been trying to accomplish as well as other community organizations trying to reduce vehicle traffic. Ms. Anderson stated the city needs more alternate means of transportation and feels the trolley should be preserved as a "free" ride. Ms. Anderson stated according to the South Florida Regional Transportation Authority they will not fund any shuttle bus systems that charge a fair at the door. 6.B.5. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 (Chairman of S.A.F.E.), stated if it were not for the love of family and friends millions of more Americans would find themselves homeless. Mr. Smith stated if the City starts charging for the use of the trolley it will jeopardize South Florida Regional Transportation Authority (SFRTA) funding, Florida Department of Transportation (FDOT) funding, and maybe Community Redevelopment Agency (CRA) funding. Mr. Smith urged the City Commission to support, promote, and expand the round-a-bout. In addition, Mr. Smith requested that the City conduct a ridership survey and most importantly help organizations to help the homeless until they are able to help themselves. Vice Mayor Petrolia stated she has a meeting tomorrow with Pamela Goodman with the League of Women Voters who works with the Phil Louis Homeless Resource Center in West Palm Beach. 6.B.6. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, commented about Items 9.A. and 9.13. and urged the Commission to not hire any type of outside consultant because she feels the Solid Waste Authority (SWA) can do this work for the City and the residents already pay for it. Ms. Morrison stated the SWA has already designed their franchise agreement and has also designed invitation to bid packages and other documents that are free for the City to use. Secondly, Ms. Morrison stated the downtown has to have some kind of compaction in particular behind the restaurants where the dumpsters are located which would do away with the smell, rodents, and other issues that come along with the trash. She urged that this be added to the contract. Lastly, Ms. Morrison stated she received a notice that they are going to be taking down the red lights and the traffic signals on the two (2) intersections on the beachside of Atlantic Avenue for fifteen (15) months. Ms. Morrison stated this is a long time to be without traffic lights especially where there are pedestrians, bikes, and people going to the beach and she feels this could be a potentially dangerous situation. Ms. Morrison urged City staff to look into how the City can expedite that process with the County and State. 6.B.7. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444, expressed concern that the City Manager is being treated with disrespect and that he is being judged because of the color of his skin and not his knowledge. 4 05/06/14 Mayor Glickstein stated he does not feel there is any sentiment here regarding leadership being defined by a person's creed, religion, color of their skin. He stated it would be naive to think that there are not people in this community that subscribe to that archaic way of thinking he does not feel that belief belongs in City leadership and he does not believe it exists on the dais. Mayor Glickstein stated if Ms. Goodman asks Mr. Chapman personally if he felt that anybody on this Commission subscribed to that way of thinking, he believes Mr. Chapman would say that he has gotten an honest shake in that regard. Mayor Glickstein stated discrimination has no place in this city on any level in any shape or form and it is incumbent upon the leadership of this town to demonstrate that there is a zero (0) tolerance policy. He stated he feels the City Commission has demonstrated and encouraged leadership in all positions of this city regardless of the color of a person's skin, religion, or gender. Mayor Glickstein stated the way the City hires, evaluate, and deal with staff at every level is merit based 100% and he has made that clear with every person he has spoken to prior to taking his seat in office and believes his Commission colleagues subscribe to that same way of thinking. 6.B.8. Henry Henderson, employee with the Parks Maintenance Division, (speaking on Mr. Chapman's behalf), stated he is a hardworking man and participates in a lot of things with City workers. Mr. Henderson stated everyone has different ideas and he encouraged everyone to work together in love, peace, and unity. 6.B.9. Linda Prior, 2445 Lindell Boulevard, Delray Beach, FL (Board member of Family Promise), stated Family Promise provides those who are homeless with a safe place to stay. Ms. Prior stated charging $1.00 to ride the trolley may prevent homeless people from riding the trolley but it does not address the problems that homeless individuals and families face. 6.B.10. Mario Lopes, Water Meter Reader, thanked the City Manager for making sure the Service Employees International Union (SEIU) employees receive benefits. 6.B.11. Nancy Stewart-Franczak, Executive Director Delray Arts, Inc., 227 South Swinton Avenue, Delray Beach, FL 33444, stated they are contracted by the Delray Beach Chamber of Commerce to do their Wine and Seafood Event and the Delray Affair and they also own the St. Patrick's Festival and the Garlic Festival. Ms. Stewart- Franczak reported that they reached the $500,000 mark that they have contributed back to the community. She gave a brief overview of the organizations and what their money went towards this year. Ms. Stewart-Franczak stated these are organizations that cannot go for grants or foundation funding. 6.B.12. Rick Konsavage, 10 North Ocean Boulevard, Delray Beach, FL 33483 (General Manager of the Delray Beach Marriott and is present today alone with the fellow owners of the East Atlantic Avenue businesses), stated they are strongly opposed to the FDOT proposal to replace the traffic lights at Atlantic Avenue at the intersections of Venetian Drive and Gleason Street with stop signs. Mr. Konsavage stated this would be a major traffic nightmare as well as a huge safety hazard for anyone 5 05/06/14 crossing Atlantic Avenue. He suggested that FDOT leave the traffic lights up until the new light posts and new lights are ready to be installed. Mr. Konsavage stated this will cause a huge burden to his business and guest safety if it is not stopped. Mr. Konsavage suggested that the City Commission to not start this project until the new lights come from FDOT and that they have a minimal downtime and use temporary stop lights instead of stop signs during this installation. 6.B.13. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, suggested that the City of Delray Beach adjust the hiring requirements for the new City Attorney to eliminate the ten (10) year requirement for City Attorney. In her opinion, Mrs. Finst stated to bring someone in from the outside to fill the job that Ms. Pyburn is currently doing does not make sense. Mrs. Finst suggested that the City hire another Assistant City Attorney. Mrs. Finst stated Ms. Pyburn has too much experience to spend her time training somebody new and feels the City needs to keep her and enjoy the fact that she knows the history of the city and the responsibilities of the City. 6.B.14. Chuck Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, stated he started his relationship with the public service workers approximately three (3) years ago and at that time he has never seen a department where the morale was so low. Mr. Ridley stated these employees who often have the lowest wages and may be the hardest working and most dedicated employees but they felt ignored. He stated these employees feel that they have a place that they can come and hold a conversation about work related issues and they feel that this Commission also supports that. He stated under Mr. Chapman's leadership these employees feel that their voice has been heard and that their concerns are being addressed. Mr. Ridley stated there are segments of the community who see this very differently and urged the City Commission to take a broad look and make sure that all voices are heard. 6.B.15. Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483 (speaking on behalf of the Beach Property Owners' Association), commented about the FDOT project with regard to stop signs that will replace the traffic lights at Gleason Street, Venetian Drive, and Atlantic Avenue. Mr. Katz stated safety is a big concern and noted there are definite visibility issues at both of those intersections. He stated on Venetian Drive as you are facing north ready to turn west onto Atlantic Avenue there are some beautiful mature trees lined up but they block visibility that is required to make a left turn. Mr. Katz stated at Gleason Street there are three (3) parking spaces to the west of Gleason Street on the south side of Atlantic Avenue and for whatever duration of time the City has stop signs there, he suggested that those three (3) parking spaces be eliminated to increase visibility. Mr. Katz urged the Commission to reduce with FDOT the length of time that the traffic lights will be out, (2) removing the three (3) parking spaces by Gleason Street, and (3) have electric signs (flashing lights around the stop signs like in Pineapple Grove, and leave in place the electric billboard that announces there is a traffic change and that you are approaching a stop sign. 6.B.16. Fred Fetzer, 932 Evergreen Drive, Delray Beach, FL 33481 stated he believes the City made a good decision with the Charter change that was done several 6 05/06/14 years ago to require a super majority in order to terminate a City Manager. However, Mr. Fetzer stated the times have changed now and he feels the City is at the point where we need to drive more accountability into the City government. Mr. Fetzer stated he feels Delray Beach needs to require a simple majority as like other cities and supports the City placing this Charter Review question on the ballot. 6.B.17. Dr. Josh Smith, Jr., 3616 Avenue De Gien, Delray Beach, FL 33445, stated the color of a person's skin should not be the basis of making a determination as to whether a person is hired or whether a person is terminated. He made reference to when Jimmy Carter was President of the United States who had wonderful personal traits but at that time the nation felt the country needed an effective leader and did not re-elect him for a second term. Dr. Smith stated the name of the game is productivity and the basis for a decision being made to hire or terminate should be based solely upon one's effectiveness; if in fact the person is effective which reflects competence it justifies the decision to hire and not terminate; if the exact opposite is the case then that should not be the decision. With regard to the referendum being placed on the August primary ballot, Dr. Smith stated the public should be given an opportunity to weigh in regardless of what the Commission's decision may be with regard to the City Manager. Dr. Smith stated the public should have an opportunity to weigh in and he supports (as well as other individuals)placing that referendum on the August primary. 6.B.18. Jon Levinson, 943 Evergreen Drive, Delray Beach, FL 33481 stated he was part of 1990 and 1991 Charter Review Committee which made the decision to put the super majority for the City Manager as well as the other items which were term limits and the three (3) year two (2) year term issues on the ballot. Mr. Levinson stated there was a Commission prior to 1990 that not only was having a difficult time making decisions, but there were no coalitions; it was not 3 to 2 or 4 to 1 but it was 1 to 1, 1 to 2, and 1 to 3. Therefore, Mr. Levinson stated it made sense because of that to institute the super majority requirement to insulate the City Manager from the political atmosphere at that time. He stated that time has now passed and what they did not anticipate was that the insulation of the City Manager from the politics would also provide a level of insulation from the community from being responsive, attentive to resident's needs, and the Commission. Mr. Levinson stated the Commission's decision tonight is not whether or not to change from 4 to 3 but the decision is whether or not to put that on the ballot and let the residents decide that issue. He urged the Commission to support to vote to put this on the ballot. 6.B.19. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, feels this Commission should have had the courage to initiate changing the City's Charter. Mr. Warner stated the current Commission is undoing decisions that they do not like and chasing things down from the past and urged the Commission to focus on the issues for the future of this city. Mr. Warner stated he does not support having this placed on the ballot in August and expressed concern that thousands of voters will be up north and he does not feel that this is open government with transparency. 7 05/06/14 6.11.20. 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 the City Manager has a lot of support from the public this evening. Secondly, Dr. Kirson stated the homeless people have enough issues and does not support charging them $1.00 to ride the trolley. 7. AGENDA APPROVAL. Mayor Glickstein stated he would like to add a discussion to the regular agenda as Item 9.A.A., FDOT's Plan to Remove the Traffic Signals at Atlantic Avenue and Gleason Street and and Venetian Drive. The Interim City Attorney requested to reorder Item 9.A. and Item 9.A.1., reading as follows: Item 9.A., Settlement Agreement with Waste Management and Item 9.A.1., Resolution 23-14 Interim Service Agreement/Waste Management. Vice Mayor Petrolia requested that Item 8.11., Purchase Award/The Dumont Company be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. and Item 8.J., Nomination for Appointment to the Green Implementation Advancement Board, be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.A. Vice Mayor Petrolia moved to approve the agenda as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 4 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A WATER AND SEWER EASEMENT/ATLANTIC DENTAL: Approve a water and sewer easement deed for water and sanitary sewer lines for Atlantic Dental located at 5065 West Atlantic Avenue. 8.B. HOLD HARMLESS AGREEMENT/435 N.E. 8TH AVENUE: Approve a Hold Harmless Agreement with Brian Vaas to install a fence and landscaping in the City right-of-way, on the east side of N.E. 8th Avenue, between N.E. 4th Street and N.E. 5th Street. 8.C. SERVICE AUTHORIZATION NO. 12-04/CALVIN, GIORDANO AND ASSOCIATES, INC.: Approve Service Authorization No. 12-04 with Calvin, Giordano and Associates, Inc. (CGA) in the amount of $97,117.46 for professional design services (RFQ #2012-06) related to the N.W. 12th Avenue, Atlantic Avenue/Martin Luther King (MLK) Project (Project No. 10-041). This recommendation is in compliance with Ordinance No. 29-13, Section 36.02(C)(3), "Acquisition of Goods and Services and Disposal of City Property: Methods of Acquisition, Direct Acquisition 8 05/06/14 Method, Professional Services". Funding is available from 334-3162-541-6860 (General Construction Fund: Other Improvement/ NW 12th Avenue — Atlantic/Martin Luther King), 448-5461-538-68.60 (Storm Water Utility Fund: Other Improvement/N.W. 12th Avenue — Atlantic/Martin Luther King) and 442-5178-536-68.60 (Water & Sewer Renewal & Replacement Fund: Improvements Other/ N.W. 12th Avenue- Atlantic/ Martin Luther King). 8.D. RESOLUTION NO. 15-14/LOCAL AGENCY PROGRAM (LAP) AGREEMENT: FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Resolution No. 15-14 authorizing the Local Agency Program (LAP) Agreement Extension with Florida Department of Transportation (FDOT) for the construction of the Federal Highway Beautification Project No. 2009-009. The caption of Resolution No. 15-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE DEADLINE FOR THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION VIA A SUPPLEMENTAL AGREEMENT TO PROVIDE UNTIL DECEMBER 31, 2015 FOR THE DEPARTMENT'S PARTICIPATION IN MILLING AND RESURFACING OR RECONSTRUCTING PORTIONS OF US 1/SR-5 FROM SOUTH OF HARBORSIDE DRIVE TO BOND WAY (PROJECT CONSISTING OF LANDSCAPING, LIGHTING, AND MINOR DRAINAGE IMPROVEMENTS) AND RESURFACING ON ATLANTIC AVENUE FROM SOUTHBOUND US-1 TO NORTHBOUND US-1 WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 15-14 is on file in the City Clerk's office.) 8.E. CHANGE ORDER NO. 2/SEALAND CONTRACTORS CORPORATION: Approve Change Order No. 2 in the amount of $56,283.84 to Sealand Contractors Corporation for a nine (9) day extension of time; and additional work for the Federal Highway Beautification Project (Bid No. 2012-21). This is in compliance with Ordinance No. 29-13, Section 36.06(A)(1), "City Commission Approved Contracts, Beyond The Scope of Work", and Section 36.06(A)(3), "City Commission Approved Contracts, Extension of Completion Dates". Funding is to be paid out of the Contract's Undefined General Allowance. 8.F. AMENDMENT NO. 2 TO THE INTERLOCAL 9 05/06/14 AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve Amendment No. 2 to the Interlocal Agreement with the School Board of Palm Beach County to share information with the Milagro Center and Learning and Leadership in Families, Inc. as part of the Campaign for Grade-Level Reading. 8.G. TRIPARTITE INTERLOCAL AGREEMENT/CITY OF DELRAY BEACH, SCHOOL OF PALM BEACH COUNTY AND ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve a Tripartite Interlocal Agreement between the City of Delray Beach, School Board of Palm Beach County and the Achievement Centers for Children and Families for shared use of the Pine Grove Elementary School. 8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.I. CONSENT TO ASSIGNMENT/RMS PROPERTIES IX, LLC.: Approve the Consent to Assignment from Oxford Business Corporation to RMS Properties IX, LLC. 8_J. THIS ITEMS HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.K RESOLUTION NO. 16-14/107 N.W. 10 M AVENUE: Approve Resolution No. 16-14 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 107 N.W. IOm Avenue. The caption of Resolution No. 16-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy or Resolution No. 16-14 is on file in the City Clerk's 10 05/06/14 office.) 8.L. RESOLUTION NO. 17-14/2213 — 2215 N.E. 3R' AVENUE: Approve Resolution No. 17-14 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 2213 - 2215 N.E. 3rd Avenue. The caption of Resolution No. 17-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 17-14 is on file in the City Clerk's office.) 8.M. RESOLUTION NO. 18-14/610 S.E. 2ND AVENUE: Approve Resolution No. 18-14 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 610 S.E. 2nd Avenue. The caption of Resolution No. 18-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE 11 05/06/14 DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 18-14 is on file in the City Clerk's office.) 8.N. RESOLUTION NO. 19-14/401 S.W. 8iH AVENUE: Approve Resolution No. 19-14 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 401 S.W. 8th Avenue. The caption of Resolution No. 19-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 19-14 is on file in the City Clerk's office.) 8.0. RESOLUTION NO. 20-14/41 S.W. 7iH AVENUE: Approve Resolution No. 20-14 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 41 S.W. 7th Avenue. The caption of Resolution No. 20-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE 12 05/06/14 LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 20-14 is on file in the City Clerk's office.) 8.P. RESOLUTION NO. 21-14/2201 - 2203 N.E. 3rd AVENUE: Approve Resolution No. 21-14 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 2201-2203 N.E. 3rd Avenue. The caption of Resolution No. 21-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 21-14 is on file in the City Clerk's office.) 13 05/06/14 80. PROCLAMATIONS: 1. Better Hearing Month—May 2014 2. Civility Month—May 2014 3. Kids To Parks Day—May 17, 2014 4. National Emergency Medical Services Week—May 18-24, 2014 8.R REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 14, 2014 through May 2, 2014. 8.S. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Tampa Armature Works (TAW) Power Systems Inc., (Bid No. 2014-23) in the amount of$33,740.00 for the purchase of a replacement standby generator related to the Public Utilities Generator Replacement project. This recommendation is in compliance with Ordinance No. 29-13, Section 36.02(A)(1), "Acquisition of Goods and Services and Disposal of City Property: Methods of Acquisition, Sealed Competitive Method, Competitive Bids". Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 2. Bid award to Arbor Tree and Land, Inc. in the amount of $123,145.00 for construction of the Swales Project(Bid No. 2014- 21). This recommendation is in compliance with Ordinance No. 29-13, Section 36.01(A), "Acquisition of Goods and Services and Disposal of City Property: Applicability; Definitions, Applicability", and Section 36.02(A)(1), "Acquisition of Goods and Services and Disposal of City Property: Methods of Acquisition, Sealed Competitive Method, Competitive Bids". Funding is available from 448-5461-538-46.43 (Storm Water Utility Fund/Repair and Maintenance Service/Drainage Swales). Vice Mayor Petrolia moved to approve the Consent Agenda as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:26 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10. ORDINANCE NO. 11-14: Consider approval to amend Chapter 91, 14 05/06/14 "Animals", by repealing "Sea Turtles", Sections 91.50 through 91.99, in their entirety and enacting a new Section 91.50 in its place in order to adopt by reference the Palm Beach County Code provisions regarding the same. The caption of Ordinance No. 11-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 91, "ANIMALS", BY REPEALING "SEA TURTLES", SECTIONS 91.50 THROUGH AND 91.99, IN THEIR ENTIRETY AND ENACTING A NEW SECTION 91.50 IN ITS PLACE IN ORDER TO ADOPT BY REFERENCE THE PALM BEACH COUNTY CODE PROVISIONS REGARDING SAME; PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-14 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. Al Berg, Assistant Director of Community Improvement, gave a brief presentation. Mayor Glickstein declared the public hearing open. 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), expressed concern over the discussion of turtles and asked why the turtles have more rights than those people that use the beach. Dr. Kirson stated several restaurants on Atlantic Avenue serve turtle soup and he feels this is more concerning than worrying about the turtles on the beach. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Jacquet moved to adopt Ordinance No. 11-14 on Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet— Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:33 p.m., the Commission moved back to 15 05/06/14 Item 9.A.A. of the Regular Agenda. 9. REGULAR AGENDA: 9.A.A. FDOT's Plan to Remove the Traffic Signals at Atlantic Avenue and Gleason Street and Venetian Drive Randal Krejcarek, Director of Environmental Services, stated FDOT on a regular basis does inspections of their signalized intersections especially the mast arms. Mr. Krejcarek stated last year (May 2013) FDOT did an inspection which showed that these signalized intersections at these two intersections were in a deteriorated state and are rusting from the inside out. He stated at that point there was nothing that was raised as an issue that they needed to be replaced at that point. Mr. Krejcarek stated earlier this year he received a telephone call from FDOT stating that they would be doing another inspection. Mr. Krejcarek stated FDOT is at a point now where they need to take them down and he had a conversation with the Operations Director with FDOT regarding the options. He stated FDOT was very concerned about the deteriorated condition of the mast arms and their maintenance people were concerned about the horizontal arms falling down. Mr. Krejcarek stated FDOT suggested that the City look at three-way stops at those two intersections and there was discussion internally about it and Mr. Krejcarek stated the City is in agreement with but the City wants trombone mast arms back up. Mr. Krejcarek stated the permanent mast arms will go up sometime late 2015; FDOT stated these are not budgeted this fiscal year but they are budgeted for their next fiscal year (starts in July 2015). Mr. Krejcarek stated he spoke to the Operations Director this afternoon and he indicated that he touched base with his maintenance people again and asked them if they could hold off taking down the existing horizontal mast arms; however, the maintenance people are pushing to take them down. Mayor Glickstein stated there is an unusual confluence of automobile and pedestrian traffic at those intersections and if this were not two-way traffic in both directions the stop sign (a temporary measure) would be acceptable without a lot of objection. Mayor Glickstein stated there is a lot of objection from the hotels and most of restaurants he has heard from who rely on a lot of pedestrian traffic and the ability to move out of the hotels and around the downtown. He stated there are two intersections, stop signs that will stop people that are coming in two different directions that will arrive at those stop signs at different times and accelerating at different times which will make it impassable to get from Venetian Drive to Gleason Street onto Atlantic Avenue traveling any direction that is going to be compounded significantly when the bridge comes down and that road becomes a speedway from people impatient from sitting at the bridge and trying to travel east. In addition, Mayor Glickstein stated there is the other unusual condition of sidewalks on both the east and west sides of both Venetian Drive and Gleason Street traveling east and west across Atlantic Avenue in addition to the pedestrian traffic moving across Atlantic Avenue at those intersections east and west. He stated there is temporary signalization that FDOT feels they can install within three (3) months and feels this needs to happen. Mayor Glickstein stated the City has to decide whether or not to hold off on the stop signs and avoid that and leave the conditions as they are (which are potentially unsafe) until those signals are in place or use the stop 16 05/06/14 signs for the next three (3) months. Vice Mayor Petrolia asked how long have the mast arms been up. In response, Mr. Krejcarek stated these have been up since 1996. Vice Mayor Petrolia stated this is a busy intersection but there are even busier intersections throughout the City. She expressed concern that the City could end up in the same situation with regard to other mast arms and asked why the City did not know about this until the last minute in having to get it down that it is ready to fall. Mr. Krejcarek stated the City knew last year (May 2013). Vice Mayor Petrolia asked begun that process last year so that at this point this year the mast arms would have been replaced out. Mr. Krejcarek stated he does not know what FDOT's process is. Vice Mayor Petrolia asked if there are other issues pending. Mr. Krejcarek stated FDOT does inspections of their mast arms on a regular basis. Vice Mayor Petrolia asked if there is a way to reinforce the current mast arm until the City gets the three (3) month temporary signal in. Mr. Krejcarek stated part of the issue with the current mast arms is the rusting at the base. Vice Mayor Petrolia stated she would like staff to explore this because if there is a way to be able to not have the three (3) month down time while going to a temporary. Vice Mayor Petrolia stated she would like to see if staff can find a way to be able to not have the situation where the City does not have a light there. Vice Mayor Petrolia asked when the City would actually see the new mast arms. Mr. Krejcarek stated they are going to start the design process when the City commits to the additional funding to get trombone mast arms back up (the City will work with the CRA) to do that. As soon as FDOT receives the notification from the City they will start the design process so that they can award the construction contract at the beginning of the 2015 fiscal year. Deputy Vice Mayor Jarjura stated it is disappointing that FDOT was made aware of the problem last year and did not budget accordingly for it and now the City is faced with an emergency situation where the City Commission has to decide between two (2) potentially life safety issues. Deputy Vice Mayor Jarjura stated she supports a temporary fix rather than waiting for 15 months and she would like to know the response to Vice Mayor Petrolia's question about whether this is an immediate unsafe structure issue. Mr. Krejcarek stated he will contact FDOT in the morning and when he receives a response he will email it to the entire City Commission. Deputy Vice Mayor Jarjura inquired about the liability issue and asked whether or not this is the City's liability or FDOT's liability. Mayor Glickstein stated FDOT has put the City in a very difficult position of having to choose between unsafe conditions that their inability to budget and plan has placed this city and believes that is the crux of the problem. He stated the business owners were not in the loop on this and the first time he heard about it was an email from a resident. Mayor Glickstein stated FDOT handled this poorly operationally but they handled it poorly in terms of engaging the people most affected by the change. He stated he does not feel the FDOT has properly thought out the safety implications of the alternative that they are proposing and does not believe it is a safe condition. Deputy Vice Mayor Jarjura stated as much as she feels that the stop signs 17 05/06/14 create an unsafe condition she wants a more immediate of the other. Therefore, Deputy Vice Mayor Jarjura stated she supports the stop signs for three (3) months until FDOT installs the temporary lights if they cannot be reinforced. With regard to Deputy Vice Mayor's concern about the liability issue, the Interim City Attorney stated that area of Atlantic Avenue is owned, operated, and maintained by FDOT it would be FDOT's liability but it is always possible that the City could be sued. Deputy Vice Mayor Jarjura asked staff to also have FDOT do a report of the inspections they have done on other lights throughout the city to let the Commission know where those lights are in terms of their repair or disrepair. It was the consensus of the City Commission that if there is no ability to reinforce them such that the City can avoid the stop signs for three (3) months, then the stop signs are acceptable for the three (3) month period until the City can get the stand poles in place. 9.A.A.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU): Approve the ratification of the Collective Bargaining Agreement with the Service Employees International Union (SEIU). Shirley McKennon, Director of Human Resources, stated this item is the ratification of the Collective Bargaining Agreement with the Service Employees International Union (SEIU). Ms. McKennon stated the City of Delray Beach has received a two (2) year Collective Bargaining Agreement with SEIU and April 9, 2014 the Agreement was ratified by the SEIU members with a vote of 104 to 0. She stated the duration of this Agreement is from October 1, 2013-September 30, 2015. Ms. McKennon stated several changes in the Agreement those being as follows: (1) across the board wage increase in the amount of 4% retroactive to the first full payroll after October 1, 2014; individual performance increase in the range of 0-3% effective fiscal year 2014-15 (2) provides for no layoffs or furloughs during fiscal year 2013-14 (3) permit employees to take two hours of leave with pay to attend two (2) parent-teacher conferences per fiscal year. Staff recommends the ratification of the Collective Bargaining Agreement between SEIU and the City of Delray Beach. Vice Mayor Petrolia confirmed with the Human Resources Director that the first year is across the board and the second year is on merit pay only for an additional 0-3%. Vice Mayor Petrolia asked why is there such a difference between the bargaining on the SEIU employees and the Police and Fire. Ms. McKennon stated the bargaining for Police and Fire had to do with pension. However, with the SEIU bargaining unit, pension was not an issue because they were more concerned with across the board wage increases because wages were frozen for the last four (4) years. Vice Mayor Petrolia stated she felt very much like the City was not able to do anything and that there was a lot of time lapsing between. 18 05/06/14 Mayor Glickstein stated he is pleased that everyone is happy with the Agreement; however, he does not recall the Commission being briefed on the status of those negotiations where there were problems. He stated while he agrees that the pension makes Collective Bargaining with Police and Fire much more complex but these are also employees that the Commission needs to know how they are being treated in terms of the compensation and wages which can get complicated but are not beyond the bandwidth of this Commission to understand. Mr. Jacquet thanked Ms. McKennon and City staff for the work that has been done on this. Mr. Jacquet stated these are the men and women that actually run the city and he met all the guys in their break room they told him they had never seen a single elected official has ever been there to see how hard they work and see what they do. Mr. Jacquet stated the City came up with a solution that he feels everyone is happy with. Vice Mayor Petrolia moved to approve the Ratification of the Collective Bargaining Agreement with the Service Employees International Union (SEIU), seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet— Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Jacquet left the dais and passed the gavel to Vice Mayor Petrolia. 9.A.A.A.A. GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY: STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER): Authorize acceptance of the Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $646,043.00 to hire four (4) additional Firefighter/Paramedics for a twenty-four(24) hour period. Vice Mayor Petrolia stated she wants to make sure that the City is in need of the four (4) positions before the Commission makes that decision to go forward with the grant. Ms. Connor stated the grant was for four (4) individuals and their salaries and benefits for the period of two (2) years. Ms. Connor stated in 2010 they provided the salary, pension, and benefits for two (2) years and then the City had to continue their employment for one (1) year after that. She stated they will provide the salary, pension, and benefits for a period of two (2) years but then there is no commitment to continue that employment forward. However, towards attrition and so forth, they would be able to keep those particular employees and typically it does not result in layoffs. Ms. Connor stated this grant was written at the end of last summer it was to replace the funding for the four (4) positions from the Fire-Rescue budget that had been eliminated in the budget process. Ms. Connor stated this is the replenishment of those funds and without the funding last year resulted in staff levels of 32 people per day; the minimum staffing level for the Fire-Rescue Department is 33 persons per day. She stated this meant at least the partial closure of a rescue unit so this is bringing their staffing level up to at a minimum to what it should have been last year. Ms. Connor stated further analysis will be reflected in the project budget this year to bring the staffing level up to where it should be. Ms. 19 05/06/14 Connor stated with regard to this item, staff received a letter from FEMA dated April 18, 2014 at which time the City has thirty (30) days from that date of award to accept or reject the grant. Ms. Connor recommends that the City accept this grant at this time and if deemed necessary in the future the City can reject it later. With regard to Vice Mayor Petrolia's comments, Deputy Vice Mayor Jarjura stated the Finance Department recommendations cover that and it is subject to the following: At the end of the two (2) year grant period the City can either retain the then currently open positions, retain new positions approved through the normal budget process, or terminate them. Vice Mayor Petrolia moved to approve Item 9.A.A.A.A. (formerly Item 8.1), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 4 to 0 vote. 9.A. SETTLEMENT AGREEMENT: Consider approval of the proposed Settlement Agreement with Waste Management, Inc., Florida. The Interim City Attorney stated this item is before the City Commission to settle the matter between the City of Delray Beach versus Waste Management in the case that was filed recently with regards to Amendment No. 5 to the franchise agreement entered into between the City of Delray Beach and Waste Management. On March 28, 2014, the Honorable Judge Meenu Sasser issued an order granting the City motion for summary of judgment declaring the eight (8) year extension of the franchise agreement via Amendment No. 5 was void because it violated the City's procurement code. On April 14, 2014, Waste Management filed a Notice of Appeal of Judge Sasser's order. This settlement agreement provides that Waste Management will dismiss their appeal within five (5) business days of execution of the agreement and the associated Interim Service Agreement (Item 9.A.1.). It further provides that the City will proceed with a competitive solicitation process and that the competitive solicitation document shall not permit the litigation to negatively affect the evaluation of Waste Management and that both the City and Waste Management are waiving their rights to any past claims and Waste Management has agreed to pay the City $130,000 for attorney's fees and costs at this time. The Interim City Attorney stated if the Interim Services Agreement is not entered into (next item on the agenda)then the settlement agreement will be null and void after five (5) days. Vice Mayor Petrolia stated she concurs with comments expressed by Commissioner Jacquet. Mr. Jacquet stated he has been consistent on this issue since 2012 and believes he was the only one currently on the Commission that was here when this issue first came up. Mr. Jacquet stated he spoke clearly about his position at that time and ever since then the decision was made, even over his objection, to proceed with it. He stated 20 05/06/14 when the Commission looked at it again in 2013 at which time he stayed consistent with his position, and the Commission sent it out to get a look at and it came back and told the City that they could potentially get out of this contract at that time he looked at it as a "win-win" for the taxpayers of this city as like he looked at in 2012. Mr. Jacquet stated he is very proud to have been on this side of the issue to help save the taxpayers some money. Mr. Jacquet stated he applauds Waste Management for the level of service they have provided. Vice Mayor Petrolia stated she concurs with comments expressed by Commissioner Jacquet. Vice Mayor Petrolia stated she is glad to have brought it to this Commission to have been the person to have led and brought this to the Commission. Deputy Vice Mayor Jarjura commended Weiss, Serota, Helfman, Pastoriza, Cole and Boniske for doing an excellent job in laying out a very clear legal argument that Honorable Judge Sasser agreed with. Deputy Vice Mayor Jarjura stated the settlement agreement accomplishes everything that she had concerns with in terms of the Waste Management agreement. She stated it was not about the quality of the vendor but it is that this contract should have been publicly bid in accordance with law. Deputy Vice Mayor Jarjura stated the contract had indefinite five (5) year renewals on top of what would have been a twenty (20) year contract that had not been publicly bid. Deputy Vice Mayor Jarjura stated this settlement agreement makes the City whole in terms of getting the City's attorney's fees recuperated, the City goes out to publicly bid and if Waste Management is the best and most qualified bidder they will get the contract again. Then according to the term of the contract is it will be publicly bid again and the City will know that it is getting the best price, the best vendor, and in accordance with law. Deputy Vice Mayor Jarjura stated she is very happy with the settlement agreement. Mr. Jacquet inquired about the language as far as any potential bias or discrimination against the current contract holder based on the litigation with regards to the settlement agreement. The Interim City Attorney stated this language is in paragraph 5 of the settlement agreement. Mayor Glickstein echoed comments of the rest of the City Commission and stated he disagrees with those in the public that think looking back is a bad practice because this is something that should have never been swept under the rug. Mayor Glickstein commended those Commissioners who withstood the criticism about why it is improper to look back. As as stated by Commissioner Jarjura, Mayor Glickstein stated it is not looking back but it is looking forward to ensure that the integrity of the process by which the City does business is intact. He commended Waste Management for doing a very good job and stated they have been a very good contractor for the City. Mayor Glickstein it has always been about a process that was systematic of many things that have gone wrong in the city over the years. Mayor Glickstein stated he applauds his colleagues for standing tall on this issue and stated the City had the good fortune of a great law firm, good lawyers, and a very capable judge. Mayor Glickstein stated he fully supports the settlement and noted that the bidding process is not just about price but it is about defining a scope of work in the context of today. 21 05/06/14 Deputy Vice Mayor Jarjura moved to approve the settlement agreement, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote. 9.A.1. RESOLUTION NO. 23-14: INTERIM SERVICE AGREEMENT/WASTE MANAGEMENT, INC., FLORIDA: Consider approval of Resolution No. 23-14; authorizing the City to enter into an Interim Service Agreement with Waste Management, Inc., Florida to provide for continued garbage collection services until October 31, 2014 with up to a maximum of three (3), one (1) month extensions to allow the City the opportunity to engage in a competitive solicitation process for garbage collection services. The caption of Resolution No. 23-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN INTERIM SERVICE AGREEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA TO PROVIDE FOR THE CONTINUATION OF GARBAGE AND RECYCLING COLLECTION SERVICES WHILE THE CITY ENGAGES IN A COMPETITIVE SOLICITATION; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE TEMPORARY CONTINUATION OF SERVICES IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 23-14 is on file in the City Clerk's office.) The Interim City Attorney stated this Interim Service Agreement is brought to the City Commission as part and parcel of the settlement agreement. This Interim Service Agreement provides that Waste Management will continue to provide interim services for garbage collection through October 31, 2014 and it does provide that the interim service period may be extended on month-to-month basis upon written agreement of the City Manager and Waste Management for a maximum of three (3) months. Additionally, the Interim City Attorney stated it does provide for the status quo of service during that interim period. The Interim City Attorney stated the City has taken possession of 128 big belly solar compactors; initially it was anticipated that there would 22 05/06/14 be 130 under the prior agreement; however, to the extent that the City has not taken possession of any big belly solar compactors, the City will not take possession of any additional big belly solar compactors during this interim period. The Interim City Attorney stated Waste Management is no longer required to provide the City with in-kind services of$20,000 which was required prior. The Interim City Attorney stated there is clarification with regard to the bus shelters and Waste Management is currently picking up for 71 bus shelter sites which is provided for in the agreement as well as the sidewalk cans and that information has been updated to reflect the status quo as to the services that have been provided. The Interim City Attorney stated Resolution No. 23-14 is associated with this which will require a unanimous vote at this point since Commissioner Frankel is not present for the meeting. Vice Mayor Petrolia stated the sidewalk cans and the bus shelters are status quo. With regard to the renewal language, Vice Mayor Petrolia recommended to change the City Manager to the City Commission. It was the consensus of the City Commission to change the renewal language from the City Manager and to the City Commission. The Interim City Attorney read Resolution No. 23-14 into the record. Deputy Vice Mayor moved to approve Resolution No. 23-14, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.B. AUTHORIZATION TO ENGAGE TO PREPARE PROCUREMENT DOCUMENTS: Consider authorization to engage Weiss, Serota, Helfman, Pastoriza, Cole and Boniske to prepare procurement documents for garbage collection services in the amount of$215.00 per hour. This is in compliance with Ordinance No. 29-13 Section 36.02(C)(3), "Acquisition of Goods and Services and Disposal of City Property: Methods of Acquisition, Direct Acquisition Method, Professional Services". Funding is available from 433-3711-534-31.90 (Sanitation Fund: Professional Services/Other Professional Services). The Interim City Attorney stated this item is before the Commission to discuss the ability of engaging Weiss, Serota, Helfama, Pastoriza, Cole and Boniske to prepare procurement documents for garbage and recycling collection services. The Interim City Attorney stated this firm handles the litigation with regards to the Waste Management case and their rate is $215.00 per hour. In addition, the Interim City Attorney stated they have attached a retainer agreement and if the Commission decides to go with Weiss, Serota, et al she would suggest some changes to their retainer agreement subject to approval of both parties. If the Commission decides to go with Weiss, Serota, et al, the Interim City Attorney suggested that the Commission discuss what the deliverable will look like and whether or not they plan to utilize them from the drafting of the document through any possible bid protest to the implementation of garbage collection services. The Interim City Attorney stated this item is time sensitive given the fact that the City only has interim garbage collection services up through October 31, 23 05/06/14 2014 and maybe up to three (3) months beyond that. Deputy Vice Mayor Jarjura stated if Weiss, Serota, Helfman, Pastoriza, Cole and Boniske would start the process and their client goes for the contract they would have to withdraw because of a conflict. The Interim City Attorney stated if Weiss, Serota, Helfman, Pastorza, Cole and Boniske submit a competitive solicitation then Deputy Vice Mayor Jarjura's statement is correct. Deputy Vice Mayor stated with regard to Ms. Morrison's comments that the Solid Waste Authority (SWA) provides these services for free and asked if this option has been explores. In response, the Interim City Attorney stated the City has obtained a copy of the SWA's latest franchise agreement that was drafted last year. The Interim City Attorney stated that is something that could be handled in-house if that is the desire of the Commission. The Interim City Attorney stated is also willing to work on this as well and the City could utilize those documents, go outside with an attorney, or go outside with a consultant; all those options are available to the Commission. For the benefit of the public, Deputy Vice Mayor Jarjura stated given that this package is a potentially a $65 million given all the issues that the City has had in terms of procurement the Commission felt it was important for the City to get it right with this bid package. She stated with a contract of this size and importance given what had occurred in the past, the Commission did not feel that it was something that they could risk having done improperly again so that is why the Commission was looking for outside sources. Deputy Vice Mayor stated she does not feel it is ready to be on the agenda tonight and is not comfortable with moving forward given the two (2) communications she received from the Interim City Attorney over the past two (2) days. Vice Mayor Petrolia stated she concurs with comments expressed by Deputy Vice Mayor Jarjura and feels the City Commission has not fully vetted this entirely. Vice Mayor Petrolia stated the Interim City Attorney mentioned 3 or 4 names outside of the attorney firm that is here representing the City up to this point and she feels it would be important for the Commission to look at it. Vice Mayor Petrolia stated the Solid Waste Authority (SWA) template is almost used by people even out-of-state and asked how much more work is involved than using that. She stated the City would have to tweak it to some of the things that we have here locally (i.e. bus shelter pick up) and things that are different for our city and possibly adding some additional refuse pick up if the City decides to go down the path of a heavier recycling program. Vice Mayor Petrolia asked if this is something a consultant can handle or does the City need an attorney firm doing this. The Interim City Attorney stated the parameters would need to be set the City Commission. Vice Mayor Petrolia asked the Interim City Attorney how many hours it will take to do something like this because there are no caps in this. The Interim City Attorney stated staff can put a cap with regard to hours and believes with the drafting of procurement documents she knows that most outside entities whether it be consultant or attorneys will want to meet with the City Commission and also City staff which could take some time. Vice Mayor Petrolia stated this is time sensitive and knows the City has to get it right. Mr. Jacquet thanked Jamie and his team for helping the City on this. Mr. 24 05/06/14 Jacquet asked what parameters does the City Commission want to set and if the City wishes to hire Weiss, Serota, Helfman, Pastoriza, Cole and Boniske to prepare the procurement documents to do this short term then he is all for it. Mr. Jacquet stated the concern comes if the City Commission wants them to start from the beginning and go all the way to the end and if the City gets into the speculation of a potential conflict then he is more skeptical going forward with the law firm. Deputy Vice Mayor Jarjura stated it is very disappointing to her that the City Commission has to have this discussion and that the City Manager does not feel that he is able to manage this process in-house. She stated if the City Commission goes with Mr. Jacquet's first option that the Commission just have Weisss, Serota, Helfman, Pastoriza, Cole and Boniske draft how does the City avoid all the issues that we have had time and time again in the past year alone on procurement and bidding issues. Also, Deputy Vice Mayor Jarjura asked how the City ensures that it is not going to open itself up to future litigation and bid protest because we did not do it right. She asked the City Manager if he has the faith in the Department Heads and staff to handle it if the City Commission has Weiss, Serota, Helfman, Pastoriza, Cole and Boniske draft the RFP or does he not feel the City is capable of doing that. The City Manager stated this is a very complicated issue and whether this ends up being a law firm or a consultant the best way to go is from start to finish. In his opinion, Mayor Glickstein stated litigation would not be part of the criteria on selecting who is guiding the City through the process and noted they can always select a litigator. Mayor Glickstein stated the process is the integrity of the documents that go out on the street and it is the integrity of the process once the bidding starts and the City carries that through a selection. He stated the City was very lucky to have the law firm at the time that they did and feels without the opinion letter the City Commission would not be here this evening discussing options because before the opinion letter the only option the City had was a contract in perpetuity. Mayor Glickstein stated the notion that there would be any potential conflict is disconcerting for him. He stated with regard to the Interim City Attorney's comment that there is risk involved in having Weiss, Serota, represent the City in this process Mayor Glickstein stated the Purchasing Department should not be involved in given the history of what the Commission has seen in far less complex RFP's and bidding processes. Mayor Glickstein stated he is not prepared to make a selection tonight in terms of who is going to be doing it. Mayor Glickstein stated the opportunity the Commission is presented with is to define the scope of work that best suits the City today. Mayor Glickstein asked staff to research between now and next Tuesday any means and methods available and come back to this Commission with a very short list of recommendations of consultants and attorneys. Deputy Vice Mayor Jarjura asked the Interim City Attorney's assessment to reach out to the individuals she is looking to recommend that they put an estimate of fees from drafting to taking it to award. Mayor Glickstein stated any type of conflict is an acute issue for the City Commission right now and thanked Jamie for shepherding the City Commission through 25 05/06/14 the process in getting them to this point. Mayor Glickstein stated Broward County is so far ahead of Palm Beach County in terms of how they are handling recycling and he is looking for somebody outside of this area for that reason because he wants that knowledge, expertise, and creative ideas on how Delray Beach can better the service from what we had. It was the consensus of the City Commission to bring this item back as a special item at the Workshop meeting of May 13, 2014. 9.C. DISCUSSION OF PROPOSED CHARTER AMENDMENT/REFERENDUM: Consider Commission discussion of a proposed change to Delray Beach Charter, Article IV, Section 4.02(B); and possible municipal referendum to be placed on the August 26, 2014 Primary Election ballot. The Interim City Attorney stated this item is before the Commission as a result of a discussion at the April 16, 2014 regular meeting. The City Commission requested that this item be placed on tonight's agenda. The Interim City Attorney stated to the extent that the City Commission decides that they would like to go forward with this in order to comply with time deadlines for the August ballot a proposed ordinance will need to be placed on May 20, 2014 City Commission agenda. The Interim City Attorney stated the first reading/first public hearing will take place May 20, 2014 and the second reading/second public hearing will take place on June 3, 2014 and then there would be a resolution calling for a Special Election which will also be placed on the May 20, 2014 City Commission agenda and a proclamation calling for an election would be placed on the June 17, 2014 City Commission agenda because the deadline to submit items for that August Election to the Supervisor of Elections is June 20, 2014. The Interim City Attorney stated staff also attached timeline requirements and staff did a survey of other municipalities in South Florida and their requirements with regards to employment, termination of the City Manager, and other senior positions. The Interim City Attorney stated the cost for participation in this Special Election would be $2,500. Vice Mayor Petrolia stated she supports this and explained that she looked at the municipal survey approximately 30 towns that have their managerial positions as to whether or not they are hired under a super majority and fired under a super majority or just a regular majority. Vice Mayor Petrolia stated she only found three (3) other municipalities that had super majority with both the hiring and the firing of the City Manager. She stated the one initiative that was left off the ballot is troubling to her and she believes it is important that the people vote to make the decision whether or not to vote for it or against it. Vice Mayor Petrolia stated this should not be delayed any longer and she feels it should have been on the original ballot. Deputy Vice Mayor Jarjura commended staff for preparing the backup for this item because she found it very informative and educational in terms of showing how different we are versus other cities. She stated it is odd that Delray Beach would have a normal majority for hiring but a super majority for termination. Deputy Vice Mayor Jarjura stated it should be either both a super majority but not to have one or the other. She stated the conversation that Mr. Warner raised that the City Commission is hiding its 26 05/06/14 true intentions and she plans to speak on that issue when it is appropriate during City Commission comments regarding the City Manager and her evaluation of his performance. Deputy Vice Mayor Jarjura stated this is separate from that and it does not make sense from a business perspective standpoint and the City Commission is asking whether or not they agree with their position. Mr. Jacquet stated this was brought up about two (2) years ago as part of a Charter Review Committee and at that time the Commission (which he was a part of) decided not to take this particular item and add it on the ballot. He stated the discussions that day were centered on the continuity/stability of the city. Mr. Jacquet stated someone mentioned that back in the late 1980's early 1990's there was a high turnover for City Managers and when there is a simple three vote majority that creates the high turnover because every election the balance changes. For example, Mr. Jacquet stated in 2013 new people got elected so different priorities took place. Mr. Jacquet stated that means that every election cycle there is the possibility of having some kind of shift or change that could change the simple majority. He stated when it was brought up to him it made sense to him because when you think of firing your Chief Operating Officer by a simple three (3) majority vote which can be very political it breeds instability. Mr. Jacquet stated the simple majority makes sense when you do not have coalitions and it does not make sense when you have coalitions because it is easier to fire a City Manager or hire a City Manager based on just having three (3) people on the dais. Mr. Jacquet stated he stands by his prior decision and his position. Mr. Jacquet stated he does not support placing this on the August ballot. He suggested that if the Commission wants to do this (which he disagrees with) then he suggested that this be placed on the March ballot when everyone is used to dealing with Delray Beach issues. Mayor Glickstein stated there was a derogatory comment that this was somehow authored by former Mayor Tom Lynch while the idea was authored by former Mayor Tom Lynch when in fact as Mr. Jacquet mentioned the Charter Review Committee put in place by the prior Commission approximately 18 months ago recommended the exact Charter change that the Commission is seeking today. Mayor Glickstein stated that Charter Review Committee had several recommendations all of those were adopted approved by the Commission at that time and approved by the voters this being the only exception to that. Mayor Glickstein stated he views everything in context and stated some people will make this about the current City Manager and in the context of today it is reasonable to make that connection. However, Mayor Glickstein stated this is about accountability and in public service there is a huge sense of urgency attached to that. He stated not one city uses the rule that we have because in current context it is antiquated from a managerial standpoint in term of how the best colleges and business schools teach best managerial practices in this country. Mayor Glickstein stated it is antiquated in term of accountability when you have a higher standard for your City Manager than you do for your elected officials. He stated not one of the 30 municipalities has a super majority for termination that does not also have a super majority for hiring and of those there was only two or three. Mayor Glickstein stated in terms of corporate governance there is not one Fortune 500 company in this country that has anything other than a super majority to hire its Chief Executive Officers. He stated those Boards of Directors are not elected every three (3) years like they are now they are 27 05/06/14 elected every year by the shareholders of that company. Mayor Glickstein stated in terms of politicizing those types of appointments he looks to the model of corporate governance where there is no better example of accountability. Furthermore, Mayor Glickstein stated if you have accountability then stability is a consequence of accountability. Mayor Glickstein stated he spoke to the Supervisor of Elections regarding this and noted there are significant issues on the August ballot that will impact Palm Beach County residents in a very significant way two of those are a County referendum that is going to determine whether or not the Children's Services Council which every Delray Beach taxpayer pays on their tax bill is going to be on the ballot as to whether or not they can continue. In addition, Mayor Glickstein stated the Palm Beach County School Board is entertaining a half cent increase in sales tax to fund school construction. Mayor Glickstein stated the percentage of voters in the August Election is greater than the turnout for the March Election and he fully supports this. Mr. Jacquet inquired about what is required to change the Election of City Commissioners to August. Mayor Glickstein stated you afford the City residents the opportunity to vote regardless of when it is because that is a better test of what is better policy than the five (5) Commission members voting regardless of the turnout because there are going to be more than five (5) voters. He stated the voters whether they are voting in August, November, or March are not voting to change the rules by which they are elected; the voters are not voting to determine whether a super majority of residents are needed to change the Election outcome. Mayor Glickstein stated the reason for the sense of urgency is the accountability that is required in this Office and he is not willing to wait until November or March to accomplish this. He stated the fact that you have a super majority does not necessarily insure that the process is not going to be politicized but it makes it more difficult to make a change. Mayor Glickstein stated he believes that is poor policy. Vice Mayor Petrolia moved to give the Interim City Attorney direction to draft an ordinance in order to move forward on the Charter Amendment for the August referendum, seconded by Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — No. Said motion passed with a 3 to 1 vote, Mr. Jacquet dissenting. 9.D. AMENDMENT NO. 1 TO THE LICENSE AGREEMENT/BRIGHT HORIZONS INVESTMENT CORPORATION d/b/a 32 EAST RESTAURANT: Consider approval of Amendment No. 1 to the License Agreement with Bright Horizons Investment Corporation d/b/a 32 East Restaurant to modify the terms of the agreement from one (1) year to three (3) years, regarding the restaurant's balcony encroachment into the City-owned public right-of-way. The Interim City Attorney stated this is a license agreement between the City of Delray Beach and 32 East dealing with the balcony that encroaches into the City owned public right-of-way over the sidewalk touching Atlantic Avenue where 32 East 28 05/06/14 restaurant is located. The agreement was entered into last year and it provided for annual renewals by the City Manager and a fee of $5,000 per year. The Interim City Attorney stated they changed their $5,000 fee; however, they have not officially requested their one-year renewal because they would like to have this renewed for a period of three (3) years. Vice Mayor Jarjura moved to approve Amendment No. 1 to the License Agreement with Bright Horizons Investment Corporation d/b/a 32 East to modify the terms of the agreement from one (1) year to three (3) years, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 4 to 0 vote. Vice Mayor Petrolia requested to move Item 9.I. before Item 9.E. Vice Mayor Jarjura moved to approve to move Item 9.I. before Item 9.E. on the agenda, seconded by Deputy Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote. 9_I. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY BOARD: Nominate one (1)regular member for appointment to the Delray Beach Housing Authority to serve a four year term ending March 6, 2018. Based upon the rotation system, the nomination/recommendation for appointment will be made by Commissioner Frankel (Seat#3). Brief discussion between the Interim City Attorney and the City Commission followed. Vice Mayor Jarjura suggested to amend the rules going forward to clarify and put the absence with the deferral because as it reads now it is two separate issues; the deferral is one issue and the absence is another and it is not tied together. Vice Mayor Jarjura recommended that this rule be cleaned up so that it matches the interpretation. The Interim City Attorney stated she concurs with Vice Mayor Jarjura that this is not clear and tonight in fairness to the fact that it is not clear that a courtesy be given to Commissioner Frankel. Deputy Vice Mayor Petrolia requested that this be added to the Workshop meeting as a special item. Mr. Jacquet asked the City Clerk to ensure that the local rules are available on the dais from now on. After brief discussion, Mr. Frankel's appointment has been deferred to the next regular meeting of May 13, 2014. At this point, the time being 9:26 p.m., the Commission moved to Item 9.E. of the agenda. 29 05/06/14 9.E. BID AWARD/FERGUSON ENTERPRISES, INC.: Consider approval of a bid award to Ferguson Enterprises, Inc., the second lowest responsive bidder, in the amount of $63,250.00 for Standard Automatic Flushing System (Bid No. 2014-26) purchase of piping materials, fittings, valves and other miscellaneous appurtenances by various divisions in the Environmental Services Department. This recommendation is in compliance with Ordinance No. 29-13, Section 36.03(B), "Acquisitions of Goods and Services: City Commission Approval, Multiple Acquisitions from a Vendor exceeding $25,000.00 in any Fiscal Year". Funding is available is from 442-5178-536-64.90 (Water and Sewer Renewal and Replacement Fund: Machinery/Equipment/ Other Machinery/Equipment. Randal Krejcarek, Director of Public Utilities, stated this item is a bid award to Ferguson Enterprises, Inc. who is the second lowest bidder for flushers. Mr. Krejcarek stated the Commission approved the first part of this (the installation); this is the actual purchase of the flushers. He stated the City will be receiving a grant in the amount of$25,000 back from South Florida Water Management District(SFWMD) once the City completes the installation of these flushers. Mr. Krejcarek stated the low bidder did not provide references and made a note that once the City provides them the contract they would provide the references. Mr. Krejcarek stated staff deemed that as non- responsive and therefore staff is requesting to award the bid to the second low bidder. Vice Mayor Petrolia stated for the record whether or not this was something that was necessary and was it actually did and do other cities utilize these flushers and staff indicated that other cities do use them because we have areas where stagnate water is present and needs to have the water flushed through in order to be able to increase the quality of the water so this is something that is necessary. Vice Mayor Petrolia moved to approve the bid award the bid to Ferguson Enterprises, Inc. (second lowest bidder), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. At this point, Deputy Vice Mayor Jarjura stepped away from the dais. 9.F. PURCHASE AWARD/H.D. SUPPLY WATERWORKS/FERGUSON ENTERPRISES, INC.: Consider approval of a purchase award to H.D. Supply Waterworks and Ferguson Enterprises, Inc. in an amount not to exceed $360,000.00; for the purchase of piping materials, fittings, valves and other miscellaneous appurtenances, by various divisions in the Environmental Services Department; in the current fiscal year. This recommendation is in compliance with Ordinance No. 29-13, Section 36.03(B), "Acquisitions of Goods and Services: City Commission Approval, Multiple Acquisitions from a Vendor Exceeding $25,000.00 in any Fiscal Year". Funding is available from multiple Environmental Services Department funding sources. Randal Krejcarek, Director of Environmental Services, stated this 30 05/06/14 purchase award is before the Commission because the City has made multiple purchases from both H.D. Waterworks and Ferguson Enterprises, Inc. for different utility fittings, pipes, etc. Mr. Krejcarek stated these were purchased in two different ways; one is through the in-house warehouse and there are capital projects that are completed by the in-house staff and those projects staff gets quotes on or bids and then they come before the Commission for approval. However, Mr. Krejcarek stated because of the aggregate of the bids, the individuals are before the Commission tonight to continue purchasing from these two companies. Vice Mayor Petrolia moved to approve the Purchase Award to H.D. Supply Waterworks and Ferguson Enterprises, Inc., seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet—Yes. Said motion passed with a 3 to 0 vote. 9.G. PURCHASE AWARD/GOODYEAR TIRE AND RUBBER COMPANY: Consider approval of a purchase award to Goodyear Tire and Rubber Company in the amount of $200,000.00 for auto and truck tires, and repairs for City of Delray Beach vehicles, to multiple vendors who are authorized dealers for Goodyear Tire and Rubber. Purchases are at government pricing according to the current State of Florida contract#863-000-10-1, which expires February 27, 2015. This recommendation is in compliance with Ordinance No. 29-13, "Acquisition of Goods and Services: Section 36.02(C)(7)(a), "Methods of Acquisition: Direct Acquisition Method, Utilization of Other Governmental Entities' Contract, non-real property". Funding is available from 501- 3311-591.52-50 (Garage Fund: Operating Supplies, External Parts), and 501-3311- 591.52-52 (Garage Fund: Operating Supplies, C.G. - Outside Services). Randal Krejcarek, Director of Environmental Services, stated this purchase award is for tires and the City is piggybacking off the State government contract. Mr. Krejcarek stated all the State contracts are handled via the website. Staff recommends approval. Vice Mayor Petrolia moved to approve the Purchase Award to Goodyear Tire and Rubber Company, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 3 to 0 vote. At this point, Deputy Vice Mayor Jarjura returned to the dais. 9.H. PURCHASE AWARD/THE DUMONT COMPANY: Consider approval of a purchase award to The Dumont Company in an amount not to exceed $156,000.00 for the purchase and delivery of sodium hypochlorite for remote stations within the water distribution system. Staff estimates the annual unit cost of sodium hypochlorite to these remote stations to be $52,000.00 per year. The contract term is three years, with the option to renew for two additional one year periods. This recommendation is in compliance with Ordinance No. 29-13, Section 36.02 (A)(1), "Acquisition of Goods and Services: Methods of Acquisition, Sealed Competitive Method, Competitive Bids". Funding is available from 441-5123-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 31 05/06/14 Randal Krejcarek, Director of Public Utilities, stated this is a purchase award for Sodium Hypochlorite for the City's Water Treatment Plant which the City uses annually. Mr. Krejcarek stated the City received two (2) bids on this and the City is going to the second low bidder because the references provided were only one entity. He stated what they supply for Broward County is just at the water wells and they do not provide the quantity the City is asking for. Therefore, Mr. Krejcarek stated the City is selecting the second low bidder because staff wants to make sure the City gets the product when we need it and we get a quality product. Vice Mayor. Petrolia moved to approve the Purchase Award with Dumont Company, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote. 9_J. NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Nominate one (1) alternate member for appointment to the Green Implementation Advance Board to serve an unexpired term ending July 31, 2015. Based on the rotation system, the nomination for appointment will be made by Commissioner Frankel (Seat#3). Due to his absence, Mr. Frankel's appointment has been deferred to the next City Commission meeting of May 20, 2014. At this point, the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 1LA. ORDINANCE NO. 13-14: Consider approval to amend Chapter 118, "Solicitors and Peddlers and Distribution of Handbills", Section 118.01 "Definitions" to include definitions for panhandling and aggressive panhandling; Section 118.03 "Prohibited Acts Regarding Soliciting and Peddling", in order to designate prohibited areas for panhandling and to prohibit aggressive panhandling city-wide. If passed, a public hearing will be held on May 20, 2014. The caption of Ordinance No. 13-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS AND DISTRIBUTION OF HANDBILLS", SECTION 118.01 "DEFINITIONS" TO INCLUDE DEFINITIONS FOR PANHANDLING AND AGGRESSIVE PANHANDLING; SECTION 118.03 "PROHIBITED ACTS REGARDING SOLICITING AND PEDDLING' IN ORDER TO DESIGNATE PROHIBITED AREAS FOR PANHANDLING AND TO 32 05/06/14 PROHIBIT AGGRESSIVE PANHANDLING CITY- WIDE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Deputy Vice Mayor Jarjura briefly reviewed the following changes to Section 118.01 (Definitions) for the record: (1Subsection (a) should read: "Aggressive panhandling or solicitation means any of the following:", (2) Subsection (d) Panhandling means any of the following, and (3)in paragraph (1)the"and' was removed and replaced with "or", (4) Subsection (c)(3) area within fifteen (15'), in any direction, of a sidewalk cafe or outdoor dining area;, and (4) Subsection (c)(4) — that there be commas placed after the word parking lot, and parking garage. The Interim City Attorney stated staff will make these changes prior to the public hearing and will provide the Commission with regards to an analysis of development case law before the Public Hearing. Mr. Jacquet inquired if the changes to the ordinance are scrivener's changes or are they substantive changes. Deputy Vice Mayor Jarjura stated these changes are substantive with the exception of the last change. It was the consensus of the City Commission that they agree with all the changes that Deputy Vice Mayor Jarjura pointed out. Vice Mayor Petrolia moved to approve Ordinance No. 13-14 on FIRST Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 4 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager The City Manager recommended that the City Commission have a Special Workshop meeting on Thursday, June 12, 2014 to consider the Fire-Rescue Consolidation issue. The City Manager stated there are other agenda items scheduled for the Workshop meeting and this issue is very lengthy and complicated so staff requests that it be a single subject issue. Secondly, the City Manager stated the City Commission received an email from Dot Bast about the potential for scheduling City Attorney interviews. The City Manager stated staff will suggest some other dates after June 1st and noted it will take two 33 05/06/14 (2) days. Also, the City Manager stated he made an offer subject to background check to Dana Little for the Planning and Zoning Director position and the final background check will be completed by the end of this week. With regard to the City Attorney position, Deputy Vice Mayor Jarjura asked the City Manager if he is going to advise the applicants because there has been no contact since January. In response, the City Manager stated staff will go back and poll the candidates to make sure that they are still available and he will provide the City Commission with the short list of who is on that list. 12.B. City Attorney The Interim City Attorney stated she sent an email to the City Commission with regard to the Sober House Legislation that did not pass. She asked the City Commission if they would like to discuss at a future meeting the possibility of a State Lobbyist with regard to that issue. Secondly, the Interim City Attorney stated she received the Palm Beach County Code of Ethics pocket guide from the Director of the Ethics Commission and she will be handing this out to all boards including the City Commission. Mayor Glickstein stated he prefers to not address the State Lobbyist this evening. He requested in an update regarding the Federal Lobbyist. The Interim City Attorney stated recently Congresswoman Lois Frankel at the request of the City's Federal Lobbyist Omar Franco did meet with most of the Civil Rights Division of the Department of Justice and it is her understanding that the meeting went well. The Interim City Attorney stated they are going to schedule a visit with those same people from the Department of Justice to come to see us and she will keep the Commission updated as soon as she hears anything further on that. 12.C. City Commission 12.C.1. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura requested an update on the recommended revisions to the LDRs and asked when the City Commission expects these revisions. The City Manager stated he will follow up on this and inform the City Commission when staff plans on providing that. Secondly, Deputy Vice Mayor Jarjura stated she asked the City Manager for a memo on how the City would implement a local small business program and also requested that the City Manager participate in the County's Disparity Study because they are putting out an RFP and the City of Delray Beach has to elect to be included in that if they would like to be part of that study which is the prerequisite to get a minority women owned business program here in the city. 34 05/06/14 Deputy Vice Mayor Jarjura stated the Commission received an email that statements have been made that the City has approved construction of a second parking garage. Deputy Vice Mayor Jarjura stated the City Manager stated that statement is not correct and that the City Commission had not approved a second parking garage. Deputy Vice Mayor Jarjura stated she wanted to clear up that misconception. Deputy Vice Mayor Jarjura stated before looking at building and constructing another parking garage without doing an economic feasibility study and without having a parking management plan which would include enforcement that she would not be in support of building another parking garage without knowing the City's demand and supply and whether or not it was a revenue generating infrastructure. In addition to enforcement, Deputy Vice Mayor Jarjura stated she would like to see Master Plan and Code amendments to encourage non-vehicular uses, complete streets, electric cars, multi-modal transportation at the Old School Square Parking Garage where the city would have electric cars and trolleys bringing people from the western side and dropping them off to the parking garage and bringing them to the beach and throughout the city. With regard to charging for the trolley, Deputy Vice Mayor Jarjura stated the City has the resident card and that is one way of handling the trolley. She would like the trolley to be the benefit for the City residents that if you have a resident card then you do not have to pay to ride the trolley. Deputy Vice Mayor Jarjura asked staff to obtain some background information on suggestion. Lastly, Deputy Vice Mayor Jarjura stated she read the Office of Inspector General (OIG) Report and in her opinion the most offensive part of this is either by the City Manager's statements either there are Department Heads and City staff members that made multiple mis-representations and they are lying, or three staff members say the City Manager is lying. Deputy Vice Mayor Jarjura stated when made aware of the situation the City Manager made mis-representations to his bosses (the City Commission) and if it is the City Manager's position that his subordinates made misrepresentations to him, then why was nothing done in terms of disciplining them. Deputy Vice Mayor Jarjura stated she has concerns that the City Manager not only lied to the City Commissioners but he lied to an investigating governing agency. In addition, Deputy Vice Mayor Jarjura stated Auburn Trace was very upsetting to her and the fact that he said on the record that he "caved" even though he did not think it should be on the agenda and now this with the OIG, she feels these are grounds for termination and is extremely disappointed in the City Manager. 12.C.2. Mr. Jacquet Mr. Jacquet stated this past Saturday he had the opportunity to speak to the Urban League National Achievers Society which is a group of students that are selected based on their grades, academic performance, and their extracurricular activities. He stated most of these kids are Bak School of the Arts students and IB (International Baccalaureate) students. Mr. Jacquet stated he was the keynote speaker at St. Matthew's Episcopal Church and it was great to welcome them to Delray Beach. 35 05/06/14 Secondly, Mr. Jacquet stated he had the opportunity to go to Orchard View Elementary School where he worked with a community servant referred to as "big mama". Mr. Jacquet stated she came to the city and helped give out over 300 turkeys to families in need. Mr. Jacquet stated she contacted him yesterday and noted that she has roses for Mother's Day that she wants to give to certain students to take home to their mothers. He stated they went to Orchard View Elementary School because of their demographics and it is a school most in need and she delivered approximately 300 roses that will be given out to the 4th and 5th graders so they can take home to their mothers. Mr. Jacquet commended the City Manager for hiring Suzanne Davis, Director of the Parks and Recreation Department. Mr. Jacquet congratulated Chevelle Nubin, City Clerk, for doing a phenomenal job serving the City of Delray Beach. Mr. Jacquet stated the trolley issue was brought up by Carol Anderson and Jim Smith (S.A.F.E.) and Linda Prior and he has had a problem with charging for the trolley since the first time it was brought up. Mr. Jacquet stated had it been presented as a fiscal concern from an economist viewpoint he may have supported it but feels it is discrimination against the homeless by trying to charge money in in order to keep those people off the bus. He stated he will never agree to charge for the trolleys. However, Mr. Jacquet stated he does support more golf carts, bicycling, electric cars but feels if the City is going to keep the trolley then it should be free. Mr. Jacquet stated on April 26, 2014 the Black Elected Officials (BEO) of Palm Beach County met at the Community Center and it was a wonderful meeting. Mr. Jacquet stated a lot of the youth were there having basketball practice and two Commission members (one from West Palm Beach and one from Riviera Beach) who observed the basketball players complimented their appearance and their respectfulness. Mr. Jacquet stated Commissioner Cedrick Thomas from Riviera Beach spoke to the coach to ask what they are doing in the City of Delray Beach with the youth programs and in the Parks and Recreation Department because he was so impressed by the appearance of the players. Mr. Jacquet gave kudos to the Parks and Recreation Department and to the coaches. Lastly, Mr. Jacquet congratulated the Atlantic Community High School Robotics Team. 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia commented about the findings from the OIG Report and stated she is very disappointed in the City Manager because the trust that she had for the City Manager was broken. Vice Mayor Petrolia stated it was not just one time that she was not given the correct information it was over and over again including emails from the City Manager who let her know that he had no idea of the garbage carts being on order or even being here. Vice Mayor Petrolia suggested that this be discussed at the 36 05/06/14 next meeting because as a Commissioner one of the most important things that she needs to feel is trust in those that are providing information for her otherwise she cannot do what she needs to do for the public and that is her responsibility. She stated this is not an issue of black and white but this is an issue about trust and being able to be a Commissioner that can make the right decisions for this town based on information that is being brought to her. She stated as horrible as the meeting was on March 18, 2014 it is even more disappointing to her to sit on the dais and feel as though she cannot trust the person she needs to put her trust into which is the City Manager. Vice Mayor Petrolia reiterated that the OIG Report be placed on an agenda (where the Commission can make decisions) so the City Commission can make sure that it is transparent to the public what occurred, how it occurred, and why there is a breach of trust. Vice Mayor Petrolia stated she would like to have discussion about improving the appearance of the beach on an upcoming Workshop meeting (not necessarily in May). Vice Mayor Petrolia stated she saw some pictures online this weekend from Pompano Beach where their boardwalk was spectacular. She suggested that it would be great to start thinking about what we can do in order to spruce up the look of the beach area since it is one of the City's largest assets. Vice Mayor Petrolia stated she understands the City does not have it in the budget now; however, she feels if the City starts planning now, by the time the City does have it in the budget the City will know what they are dealing with and where they want to go with it. Vice Mayor Petrolia stated it has been brought to her attention that after hours or early in the morning downtown the sidewalks are looking grimy. She stated with having these large festivals where 300,000 people are walking around it adds to the grime. Vice Mayor Petrolia emphasized that she is not saying that the City did not have a beautiful cleanup because we did but she is talking about the sidewalks and the grime that builds up on it. Vice Mayor Petrolia stated there is a City Attorney review coming up and suggested that the Performance Evaluation Form be available online to make it easy for the City Commission. In addition, Vice Mayor Petrolia stated she did not know where to send it after she filled it out and noted these are procedural things that should be written. Lastly, Vice Mayor Petrolia thanked everyone who was involved in the Delray Affair. She stated it was a great success and the event brought hundreds of thousands of people into the area. Vice Mayor Petrolia stated simultaneous to the Delray Affair the City also hosted the U.S. Leg of the Lime June Tennis Cup presented by the Venetian in Las Vegas and a group of top ranked ladies across the United States came out to play to win a spot fully paid to represent the United States in Paris. Vice Mayor Petrolia stated it was a privilege and honor for her to be asked to present one of the awards and to be in the awards ceremony. She stated the Delray Affair provided a great backdrop to the tournament. Deputy Vice Mayor Jarjura stated she received Commissioner Petrolia's email regarding the Interim City Attorney and she was told by the Human Resources 37 05/06/14 Director that the evaluation for the Interim City Attorney was October 1, 2014 and the City Manager was for April 1, 2014. Deputy Vice Mayor Jarjura stated she followed up with the Interim City Attorney and she advised that the rules had changed and the evaluations would be discussed on May 20, 2014. Vice Mayor Petrolia stated she sent out an email that she did not feel it was appropriate for the City Commission to be evaluating the City Attorney at this time especially as Interim City Attorney and also the fact that the City is going through the process of hiring a City Attorney. It was the consensus of the City Commission that there is no need to evaluate the Interim City Attorney. 12.C.4. Mayor Glickstein Mayor Glickstein stated he too was distracted the OIG Report and there is a majority of the community that has not had the opportunity to digest the conclusions in that report and he will be speaking further with the Inspector General and the investigating staff there about the report. He stated the allegations in the report are so incredible that he has not been able to get his head around it in terms of how to deal with this in a way that is appropriate. Mayor Glickstein stated the Commission is going to discuss this OIG Report as a Special meeting item at the May 13, 2014 Workshop meeting. He stated the reliance on the City Manager is everything much like it is in any other large institution. Mayor Glickstein stated the City Commission was misled and when the City Manager is speaking to each Commission member he is really speaking to the public. In his opinion, Mayor Glickstein stated the public needs to digest that as well. Secondly, Mayor Glickstein stated the George Bush Bridge opens at will, the Linton Bridge opens on the half hour, and the Atlantic Avenue Bridge opens on the quarter and three-quarter hours. Mayor Glickstein requested that staff contact the appropriate authorities to see if George Bush can also mirror that of Linton Boulevard and open on the half hour and hour. Mayor Glickstein stated someone sent him the job posting for the City Attorney position in West Palm Beach and he distributed a copy to the Commission and noted it is in stark contrast to the City of Delray Beach's postings. He stated the City of West Palm Beach uses interesting photos of the city, a brief summary of the city and community history, descriptions about the city government, the subject department and the specific position with a concise description of their "ideal" candidate. Mayor Glickstein stated a job posting is we are marketing our city to attract the best possible candidate. With regard to the budget cycle, Mayor Glickstein stated the City's public tennis center operates at approximately a $330,000 annual loss. He stated the tennis stadium which sits largely unused for much of the year and is not open for public use costs the City $1.8 million per year or $2.3 million if you include the Community 38 05/06/14 Redevelopment Agency (CRA) annual contribution of $535,000. Mayor Glickstein stated this significant deficit, unless something changes, will hinder the City's finances for the next 20 plus years as a result of a 30 year obligation to host various tennis tournaments. Mayor Glickstein stated one of the stated goals of the Commission (before Deputy Vice Mayor Jarjura was elected) was to fix this recurring black hole. Mayor Glickstein stated he would like to issue parallel RFP's to either sell or lease the facility to an owner/operator that can redevelop the property as a multi-use facility that will serve a far larger part of this community than celebrity tennis tournaments and get the City out of this 30 year obligation. He stated he would like to see the City examine how best to turn this significant liability into a more productive facility for all parts of this community. Mayor Glickstein stated he has talked to Chief Financial Officer Jack Warner, Assistant City Manager Barcinski, and Interim City Attorney regarding professionals to guide the City through crafting an RFP which should have city-wide input to attract capable owner/operators. Mayor Glickstein stated every day the tennis stadium languishes and sits unused it costs the City more to operate and maintain and it will cost next to nothing to determine what options the City has. He stated the Commission just received the binder of the 2013 goals nearly five (5) months into 2014. Mayor Glickstein stated the Spady Museum has been operating on a shoestring budget for a long time. Mayor Glickstein stated he would like to see the Finance staff figure out ways to pick up some of their operating expenses for things that the city is doing already at City facilities (i.e. mowing the lawn, air conditioning contract). He stated the Spady Museum is a cultural amenity and feels the City needs to support these cultural amenities. Mayor Glickstein requested that the Parks and Recreation Director meet with the Seacrest Soccer Complex people and Plumosa School because there is a recurring problem on weekends with this parking lot being closed. He stated kids and parents show up for soccer games with no place to park and have to park on Seacrest Boulevard while hundreds of parking spaces are fenced and empty. Mayor Glickstein stated that was part of a public/private partnership that put that facility there. Mayor Glickstein stated despite the OIG's Report and despite the Waste Management issue a common thread running through many of the problems that have created tension between Commissioners and have undermined confidence in the city has been the City's Purchasing Department. Mayor Glickstein stated it is Mr. Chapman's job as a City Manager to deal with personnel other than the City Manager. Mayor Glickstein stated this Commission has asked Mr. Chapman time and time again how he is correcting the problems in the Purchasing Department. In addition, Mayor Glickstein stated as recently as a month ago he asked the City Manager for a summary of what changes he is going to make in that department and to this date has received no response. Mayor Glickstein requested that the Human Resources Department hire a contract administrator and with the consensus of the Commission he would like that process to start as soon as possible so that these problems do not reoccur time and time again. Mayor Glickstein reiterated that he wants someone with experience in Contract Administration and Procurement Officer that has done this on a larger scale than what Delray Beach has and 39 05/06/14 can restructure that department from top to bottom. Mayor Glickstein stated he is not suggesting that people lose their job; perhaps there are places in that department for such as existing personnel or places in other departments for these personnel. The Interim City Attorney stated Jack Warner was recently hired as the new Finance Director and he will be presenting this item on the May 13, 2014 Workshop meeting. Mayor Glickstein asked the City Manager to look into the possibility of expanding the City's new Sustainability Officer John Morgan to give him more pedestrian bike coordinator responsibility. Mayor Glickstein stated at a recent Human Powered Delray meeting people expressed the need for help in that regard and Mr. Morgan expressed interest in expanding his responsibilities. With regard to the bike lane on US-1, Mayor Glickstein stated he was informed that it may be a green bike lane the entire distance and the threshold to do that is very low and is paid for not by the City. Mayor Glickstein asked Mr. Krej carek to look into this and see if this is a possibility because that would be a nice way to promote the use of a bike lane. Lastly, Mayor Glickstein reiterated that the City Commission will have a Special meeting on June 12, 2014 for the possible consolidation of fire and a Special meeting on May 13, 2014 regarding the engagement of a consultant for garbage collection services and the OIG findings. There being no further business, Mayor Glickstein declared the meeting adjourned at 10:26 p.m. City Clerk ATTEST: MAYOR 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 May 6, 2014, which Minutes were formally approved and adopted by the City Commission on 40 05/06/14 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. 41 05/06/14 MAY 20, 2014 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, May 20, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Adam Frankel Mayor Cary Glickstein Absent- Commissioner Alson Jacquet Deputy Vice Mayor Jordana Jarjura Also present were - Robert A. Barcinski, Acting City Manager Terrill Pyburn, Interim City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Howard Meridy. 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 Regular Meeting of April 1, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote. 5. PRESENTATIONS: S.A. Update on St. Patrick's Day Events—John Fischer Robert A. Barcinski, Acting City Manager, stated he submitted a written report to the City Commission in April. However, Mr. Barcinski stated he felt it important to publicly do this and all those involved such as the producer, staff, businesses, the DDA felt it was not only the best decision that was made but that it was the right decision that was made to not allow people to bring alcohol into the parade. He stated it they felt it had a positive impact and reports he received was that it was a more family-oriented event. Mr. Barcinski stated a few days prior to the event the Police went to all the businesses that sell alcoholic beverages reminding them of their responsibilities of what they could and could not do and he feels this greatly helped the situation. Mr. Barcinski stated staff feels the safety was improved greatly. Mr. Barcinski commented 05/20/14 about the port-o-lets as well as the permanent restrooms. He briefly spoke about the volume of trash and stated the producers as well as City staff try to do the best during the event and into the evening. Mr. Barcinski stated the City has to do educate the businesses on the backside about what their responsibilities are in terms of getting the trash in the dumpsters and separating the recycling items. He stated there were some issues brought up regarding the charges for the parade and staff determined that the rates were the same. The event producer had approximately 40 volunteers and there were issues with some restaurants and bars despite all the efforts people wondered off the site with alcoholic beverages. Also, the ones the City gave the liquor license extensions to did what they were supposed to; however, the crowds are so big that in the future staff recommends that they have two security guards. Mr. Barcinski stated there were other businesses that let people get off-site with alcohol and one business did get the liquor license extended but went far beyond his requested time to close down. Overall, Mr. Barcinski stated staff feels the event did improve. Anthony Strianese, Police Chief, stated this is one of the better events the City has had in many years and believes the City is moving in the direction of a family event as opposed to a drink fest. Captain John Battiloro, Police Department, stated he has worked at least 20 St. Patrick Day parades and this was the best one and is going in the right direction without having the alcohol and more families with children attended this year. Fire Inspector Captain Tim Garito, Fire-Rescue Department, stated they did not see a big decrease in the call volume over previous years; however, what they did notice that the types of calls they had were less alcohol related calls. Mr. Garito stated there was a positive impact on their end as well. Captain Garito stated the Fire-Rescue Department tweaks its staffing levels every year based on problems they have had in previous years and they were using two three-man serve units/special event rescue vehicles for years and determined that they needed more coverage so these were split them into three two-man serve units. He stated they had some access issues because of that. Mr. Garito stated next year the Fire-Rescue Department will add three people to that so they will go back to three-person units but they need to have three. Bruce Gimmy complimented Mayor Glickstein and the City Commission for having the courage to discuss this event. He stated years ago it used to be that there was no drinking or open containers. Mr. Gimmy stated the parade was excellent and the crowd was orderly and there were lots of children. He stated the barricades were helpful and when the parade was over there was no trash. Laura Simon, Associate Director of the Downtown Development Authority (DDA), stated there was a huge improvement with the parade this year and the change with the alcohol was a huge compliment to this historic event. Ms. Simon stated they received some feedback on the barricades and the closing of Atlantic Avenue for an entire day in March is difficult. Ms. Simon stated with regard to some areas of improvement she stated it was suggested that the parade be changed to Sunday versus 2 05/20/14 Saturday. John Fischer, Code 3 Events, thanked the City Commission, Acting City Manager, and Chief for their comments. He gave a brief history of the St. Patrick's Day Parade and it has a 46 year history and has been managed by the following four (4) groups: the Powers Family, the Gallagher Family, Festival Management Group, and now Code 3 Events. Mr. Fischer stated Code 3 Events has invested over $100,000 out-of- pocket and their own pockets and from the emergency service organizations that they are members of with a zero net return. Mr. Fischer stated they spend countless hours working in promoting and marketing the parade hence the global, national, and international participation. Mr. Fischer stated the parade has a dedicated website: www.stpatrickparade.com or www.fireparade.com and there is a video on www.youtubecom for background information on the parade. Mr. Fischer stated the parade now has professional view stand on the second floor balcony of Buddha Sky Bar (formerly Powers Lounge). He stated the parade now has a pre-parade Friday night festival at Old School Square and is partnered with St. Baldrick's Foundation for childhood cancer support. Mr. Fischer stated the parade funds Police, Fire, and EMS non-profits with the monies left over after operating costs and Code 3 Events gave $12,000 to their non-profits and causes. Mayor Glickstein stated this discussion was to get a better understanding of what went right, what did not go right, and where we can improve for next year. He stated by most accounts the parade was successful and the quality of the event was higher. Mayor Glickstein stated the change was for the betterment of everybody (i.e. the people who attended the parade, the first responders, merchants, restaurants) and the City benefitted overall from those changes. Vice Mayor Petrolia commented about changing the parade from a Saturday to a Sunday and heard that as a negative from the businesses that did not have patrons during that timeframe. She stated there is a 3:00 a.m. — 10:00 a.m. cleanup and asked whether that would impede on Monday traffic or whether it is possible. Vice Mayor Petrolia stated she believe it would further cut down on the potential of drinking. Mr. Fischer stated there are a lot of people who come from out-of-town and out of the country to attend the parade and they have to be back to work on Monday so they use Sunday as their travel day to get back. He stated if the City of Delray Beach were to change the parade to Sunday he believes that Fort Lauderdale would put their parade on Saturday. S.B. Update on the Legislative Session—Representative Bill Hager Representative Bill Hager, House District 89, gave a brief overview of the Legislative Session and Legislative Bills and stated they continue to promote low taxes, less government, personal responsibility, balance budget, private sector growth, and individual liberties. Mr. Hager stated he sponsored electronic cigarettes (e-cigarettes), 3 05/20/14 sober homes (HB479 passed unanimously with one exception; did not pass the Senate). Mr. Hager stated the following have passed the Legislature: (1) cultural grant for the Delray Beach Arts Garage, (2) $1 million Delray Beach segment of the Shore Protection Project, (3) $240,000 for Old School Square, and (4) $250,000 funding from Holocaust through Health and Human Services. In the event that Florida goes the way of Colorado in terms of legalization of marijuana, Mayor Glickstein asked what the City of Delray Beach would get in terms of home rule ability to regulate the dispensing of marijuana. In his opinion, Mayor Glickstein stated that Delray Beach has a vulnerable population already and he feels that Delray Beach needs to keep its eye on it in terms of preserving home rule. Mr. Hager stated this is on the ballot constitutionally and he has been a strong supporter of home rule since he got in the Legislature. At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to previous comments expressed by Mitzi Kaitz at the last meeting about making Atlantic Avenue more bicycle friendly, Mr. Robert Barcinski, Acting City Manager, stated the City's Planning and Engineering staff is working with Human Powered Delray in the development of a comprehensive ped/bike plan. Mr. Barcinski stated the Planning and Zoning Department is also working with possible LDR changes. He stated with regards to Atlantic Avenue, the majority of this corridor is under the Florida Department of Transportation (FDOT) control and while there is paved shoulder from the SW/NW 12th Avenue west, there are currently no plans to provide bike lanes from SW/NW 12th Avenue to Swinton Avenue. He stated staff will wait to see what recommendations come out of the Human Powered Delray report before implementing any shared bike use lanes on Atlantic Avenue. Secondly, the Acting City Manager stated there were numerous speakers at the previous meeting regarding the suggestion of charging $1.00 to ride the Trolley, etc. He stated the South Florida Regional Transportation Authority (SFRTA) has indicated that their annual funding could be pulled if the City begins to charge to ride the trolley. The Community Redevelopment Agency (CRA) has also committed to fund trolley operations, as a 50% match grant from FDOT which will expire May 2015. Lastly, the Acting City Manager stated numerous speakers spoke about the stop signs east of the Intracoastal. He stated the stop sign installation is scheduled to occur May 12-16, 2014. He stated after their installed a few minor adjustments may still be required. He stated the existing trombone mast arms will be taken down May 19-23, 2014. The bags will be removed from the signs. Mr. Barcinski stated in approximately three (3) months temporary concrete poles will be installed to support temporary span wire signals and new trombone mast signals are still being scheduled to be installed in 4 05/20/14 2015 and any additional costs for trombone mast arms will be the City's responsibility. He stated the CRA has committed to providing additional funding of$120,000. 6.B. From the Public. 6.B.1. Timothy Bodkins Taylor, resident of Delray Beach, stated the City has done a wonderful job with cleaning up the streets; however, he feels there are other issues that need to be addressed and feels the residents voted for the City Commission to protect their best interest in the community. Mr. Taylor expressed concern that he is a taxpayer and stated that the City Commission needs to investigate more what is going on inside of the City. Mr. Taylor stated if the City Manager and Lula Butler knowingly made false accusations and lied to the City Commission then he feels they should both be dismissed. 6.B.2. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843, stated he concurs with comments expressed by Mr. Taylor that the City Manager has to go and Lula Butler does not need to be employed until December before she has to go. Secondly, Mr. Blum stated nothing has been done with the traffic lights at Venetian Drive, Gleason Street, and Atlantic Avenue and noted the lights are still up. He stated there are some new stop signs but these signs need flashing lights as like the stop signs on 2nd Avenue in Pineapple Grove. Mayor Glickstein stated the City is working on it. 6.B.3. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445 (President of Bexley Park, member of the Education Board, and a member of the PTA at Banyan Creek Elementary School), stated in February he came before the City Commission and brought Mr. Robert Sierra (Barwick Estates), the Principal of Banyan Creek Elementary School, and some parents to discuss an issue. Mr. Katz stated the first response he received from the City Manager was that "nothing happens overnight." Mr. Katz stated he met with the City Manager at Barwick Park a few months ago and they walked to Banyan Creek Elementary School behind the children so he could see the children walking with trucks and buses within two (2) feet from those children. Mr. Katz stated at that time the City Manager agreed that something temporarily needed to be put there and he indicated that it would be taken care of right away. However, Mr. Katz stated nothing was ever done. Mr. Katz stated one of the issues that Mr. Sierra brought up was that the sidewalk itself was deteriorating and just this past week two little sections of the sidewalk was replaced. Mr. Katz stated if any construction or any type of curbing is going to be done he feels that the summer would be the ideal time to do this. 6.B.4. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, thanked the City Commission for the stop signs and traffic lights at the corner of Venetian Drive. Secondly, Mr. Warner thanked the City Commission for not allowing alcohol at the St. Patrick's Day events and events should be for the community not for businesses or special interests. 5 05/20/14 Mr. Warner stated the Community Redevelopment Agency (CRA) has lost touch with what is good for the community. Mr. Warner commented about the gateway to the city and stated at the last meeting the City Commission talked about accountability with the City Manager. Mr. Warner stated the CRA Director should be held accountable because he feels the CRA Board is not doing it. He feels there is something wrong when there is a $1 million spent for the gateway. Mr. Warner stated some of that money could have been put towards the Spady Museum and he encouraged the Commission to start conversations with the CRA. 6.11.5. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, commented about the Office of Inspector General (OIG) Report and asked how someone was able to take a photograph of the garbage carts that are in a City facility. 7. AGENDA APPROVAL. Mayor Glickstein stated the applicant requested postponement of Item 9.A. , Conditional Use Request/Depot Square Apartments. In addition, the applicant requested that Item 1LA., Ordinance No. 01-14, and Item 11.11., Ordinance No. 12-14. Acting City Manager Robert A. Barcinski stated there is a correction to the date to Item 9.C. Vice Mayor Petrolia moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. LANDSCAPE MAINTENANCE AGREEMENT/ST. GEORGE TOWNHOMES: Approve acceptance of a landscape maintenance agreement for off-site improvements along N.E. 7m Avenue for St. George Townhomes for the project associated with St. George Townhomes located at 1023 North Federal Highway. 8.11. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/ ROSSO SITE DEVELOPMENT, INC.: Approve Contract Closeout (C.O. No. 2/Final) in the amount of $6,018.45 decrease and final payment in the amount of $6,973.19 to Rosso Site Development, Inc., for completion of the Osceola Alleys Phase II Project (Project No. 12-080). This item complies with Section 36.06(A)(2), "Change Orders", "Within the Scope of Work", of the City's Purchasing Code. Funding is available from 334-3162-651-65.85, (General Construction Fund: Repair and Maintenance Services, Building Maintenance) and 448-5461-538-65.85 (Storm Water Utility Fund: Other Improvements, Osceola Park). 8.C. PROCLAMATIONS: 1. National Safe Boating Week—May 17-23, 2014 6 05/20/14 8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 5, 2014 through May 16, 2014. 8.E. AWARD OF BIDS AND CONTRACTS: 1. None Mr. Frankel moved to approve the Consent Agenda, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia— Yes; Mr. Frankel —Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF JUNE 3, 2014. 9.B. INTERNAL ADJUSTMENTS/SEAGATE YACHT CLUB TOWNHOUSE DEVELOPMENT: Consider two (2) internal adjustments from Land Development Regulations (LDR) Section 4.3.3 (0)(3)(C), "Townhouses and Townhouse Type of Development; Setbacks", reducing the separation between the two townhome buildings, and reducing the separation between the most northern townhome building and the Yacht Club building from the required 30' to 20' for the Seagate Yacht Club located at 110 MacFarlane Drive. (Quasi-Judicial Hearing) 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. The Commission stated they had no ex parte communications to disclose. Mark McDonnell, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file#2014-103 into the record. Mr. McDonnell stated this is the Seagate Yacht Club Townhouse Development and was before the Commission for the conditional use of the Yacht Club and is now before the Commission for the internal adjustments that were discussed at that previous meeting. The separation requirement for three-story buildings is 30 feet and they are proposing 20 feet between both areas. Mr. McDonnell stated the applicant has indicated that they have a significant amount of glass and are adjacent to the Intracoastal Waterway so they have extensive open space which allows for breezes and movement of air through the project. 7 05/20/14 At its meeting of April 23, 2014, the Site Plan Review and Appearance Board held a public hearing in conjunction with this request and the Board recommended approval the internal adjustments. Staff recommends approval. Richard Jones, Richard Jones Architecture, 10 S.E. 1s' Avenue #A, Delray Beach, FL 33444, gave a brief presentation and stated there are three buildings with separations between three-stories only and one-third the mass. Mr. Jones stated he is requesting a reduction from 30 feet to 20 feet between the buildings because it is located on the Intracoastal and there is ample air movement through the property and the units are designed at a very contemporary fashion with lots of glass for plenty of light to enter into the units. Mr. Jones displayed the aerials of the relationship of the site to the Seagate Towers. He stated this is a much better plan than what brought forth in 2006 and this was discussed by the Planning and Zoning Board, City Commission, and SPRAB. Mr. Jones urged the Commission to support. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the internal adjustments, to step forward at this time. There being no one who wished to address the Commission, the public comment was closed. There was no cross-examination or rebuttal. Vice Mayor Petrolia stated this is an internal issue and does not feel it is affecting anyone on the outside as much as it is the complex itself. Therefore, Vice Mayor Petrolia stated she supports this change. Mayor Glickstein stated he concurs with comments expressed by Vice Mayor Petrolia. Mr. Frankel moved to adopt the Board Order, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 3 to 0 vote. 9.C. RESOLUTION NO. 24-14: Consider approval of Resolution No. 24-14 amending Resolution No. 44-13 adopted September 17, 2014, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2013/2014, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2013/2014. The caption of Resolution No. 24-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 44-13 ADOPTED SEPTEMBER 17, 2013 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2013/2014, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES 8 05/20/14 FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2013/2014; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 24-14 is on file in the City Clerk's office.) Jack Warner, Chief Financial Officer, stated this resolution is a statutorily document and noted that through a combination of increases in revenue and reductions in spending versus budget, staff has reduced slightly the amount of money that they had to take from reserves in order to balance the budget. Mr. Warner stated there is a bond refinancing built in that will save the City on a present value basis over ten (10) years over $800,000. Mayor Glickstein thanked staff for the concise summary. Vice Mayor Petrolia stated thanked staff for the responses to her questions. Mr. Frankel complimented staff for making it easier for the City Commission and stated it is a better approach. Mr. Frankel moved to approve Resolution No. 24-14, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 0 vote. 9.D. AUTHORIZATION TO ENGAGE A CONSULTANT TO PREPARE PROCUREMENT DOCUMENTS: Consider authorization to engage RCG Consulting, Inc. to prepare procurement documents for garbage collection services inclusive of drafting competitive solicitation documents up through and including award of the contract for services with oversight to be provided by the City's Chief Financial Officer for a negotiated price not to exceed $25,400.00. This is in compliance with Ordinance No. 29-13 Section 36.02(C)(3), "Acquisition of Goods and Services and Disposal of City Property: Methods of Acquisition, Direct Acquisition Method, Professional Services". Funding is available from 433-3711-534-31.90 (Sanitation Fund: Professional Services/Other Professional Services). The Interim City Attorney stated on May 6, 2014, the City Commission gave direction to obtain information on as many different solid waste procurement consultants as possible and bring back a recommendation as to whom shall be selected to assist the City with the procurement process of drafting procurement documents up through the award of the contract with the solid waste collection service hauler. The following individuals/entities were contacted: (1) David Dee, Esq., Attorney with Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P.A., (2) Bill Redman, Consultant with RGG Consulting, Inc., (3) Charlie Maccarrone, Chief Financial Officer of the Solid Waste Authority/Independent Consultant and (4) Mitch Kessler of 9 05/20/14 Kessler Consulting, Inc. Vice Mayor Petrolia stated the bid process needs to be as objective as possible. She stated that she feels uncomfortable with whoever the Commission chooses not to lead. Vice Mayor Petrolia stated from the experience from sitting on the dais and going through the procurement process on several occasions last year, she has a limited amount of confidence in having a selection committee at a local level. Vice Mayor Petrolia stated she feels this should be done through an outside source and would like to see this done properly so that the City does not have any issues with problems down the road. Mr. Frankel asked Mr. Warner to comment from his perspective. Mr. Warner stated he is comfortable with having the consultants lead or staff on the procurement. Mr. Warner stated there needs to be a staff person who is managing the consultant. Mr. Warner suggested that the consultants take the lead on this with Mr. Warner being the City's point person. Mayor Glickstein stated he believes the City has great staff but feels the process needs to be fixed and give staff the right tools to make that process work in the context of today rather than the context of when that process was put in place 20 years ago. Mayor Glickstein asked Mr. Warner to explain why he recommends RCG Consulting, Inc. In response, Mr. Warner stated it was a combination of expertise and independence. In addition, Mr. Warner stated there is enough geographic separation between Delray Beach and New Smyrna to make him comfortable that they do not have any ties in the background with any of the potential bidders. Mayor Glickstein commented that this is excess of $25,000.00. The Interim City Attorney stated this is why this item is before the City Commission and this would also be considered a professional service under Section 36.02(C)(3) of the Purchasing Code on the basis of that this is a niche market for consulting from a standpoint that each of the individuals that the City spoke with only consult in this field (i.e. solid waste consulting services). Vice Mayor Petrolia asked how a selection committee would be made up. Mr. Warner stated his understanding is that RCG will run the procurement from start to finish and will be the responsible party. Furthermore, Mr. Warner stated that his role will be to manage the contract with the consultant. Mayor Glickstein stated in terms of the scope of work he requested that it be circulated to all Department Heads. Mr. Frankel moved to approve that the City Commission hire RCG Consulting, Inc. to take the lead with regard to the procurement documents with Chief Financial Officer Jack Warner as the City's point person, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel —Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote. 10 05/20/14 At this point, the time being 7:21 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-14: Consider approval to amend Chapter 118, "Solicitors and Peddlers and Distribution of Handbills", Section 118.01 "Definitions" to include definitions for panhandling and aggressive panhandling; Section 118.03 "Prohibited Acts Regarding Soliciting and Peddling", in order to designate prohibited areas for panhandling and to prohibit aggressive panhandling city-wide. The caption of Ordinance No. 13-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS AND DISTRIBUTION OF HANDBILLS", SECTION 118.01 "DEFINITIONS" TO INCLUDE DEFINITIONS FOR PANHANDLING AND AGGRESSIVE PANHANDLING; SECTION 118.03 "PROHIBITED ACTS REGARDING SOLICITING AND PEDDLING' IN ORDER TO DESIGNATE PROHIBITED AREAS FOR PANHANDLING AND TO PROHIBIT AGGRESSIVE PANHANDLING CITY- WIDE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-14 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 declared the public hearing open. April Hazamy, 812 S.E. P Avenue, Delray Beach, FL, speaking as both a resident and the Program Director of the Caring Kitchen of C.R.O.S. Ministries, agrees that there should be an ordinance against panhandling. Ms. Hazamy stated at C.R.O.S. Ministries and the Caring Kitchen try to provide basic needs such as food, clothing, etc. to avoid people having to ask for those things on the street. She asked what consequences will be given out if one is caught panhandling. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-14, the public hearing was closed. 11 05/20/14 Anthony Strianese, Police Chief, stated they welcome any partnership and assistance because they want to go through an education process and referrals (i.e. Caring Kitchen, etc.). Chief Strianese stated this would be an education process through social media and handouts then it would progress to verbal warnings, possible written warnings, and then the ultimate enforcement would be civil citations. He stated the Police have the ability to issue an NTA (Notice to Appear) which is an arrest. Chief Strianese stated in most cases if an individual is panhandling they are substantial need of funding and citations that come with a $50.00 fine would general go unpaid or only worsen somebody's condition so a referral is the best option. He stated this ordinance gives the City a more solid platform to make contact with individuals who are panhandling and gives the Police the authority to redirect them. Jeff Goldman, Assistant Police Chief, stated the Clean and Safe Unit downtown has one sergeant and six (6) officers and this has been increased it by a sergeant and added four additional officers and divided them up. Mr. Goldman stated they performed a study and are waiting for the results of the survey. He stated the increased presence allowed the Police Department to identify more people in the downtown area that should not have been there. Assistant Chief Goldman stated having someone come in early in the morning is beneficial and even though now the extra officers have gone back to patrol they were moved temporarily. He reiterated that once staff receives the final results of the survey he will present this to Chief Strianese and that is something he is going to address to Chief Strianese during the budget process of gathering more officers to address the issue. Mr. Frankel commended the Police Department for their efforts and presence downtown because he notices a significant improvement. Mr. Frankel stated he supports the ordinance. Vice Mayor Petrolia moved to adopt Ordinance No. 13-14 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote. 9.E. PURCHASE AWARD/MULTIPLE VENDORS: FSA CONTRACT NO. 13-11-0904: Consider approval of a purchase award to multiple vendors in the total amount of $111,560.00 for five (5)replacement vehicles per Florida Sheriff s Association Contract No. 13-11-0904; four (4) from GHC Motorsports in the amount of $36,613.00 and one (1) from Nortrax Equipment in the amount of $74,947.00. This recommendation is in compliance with Ordinance No. 29-13, Section 36.02(C)(7)(a), "Methods of Acquisition, Direct Acquisition Method, Utilization of Other Governmental Entities' Contracts, Non-Real Property". Funding is available from 501-3312-591.64-20 (Garage Fund: Machinery Equipment/Automotive). Robert A. Barcinski, Acting City Manager, stated this is for the annual purchase of vehicles/replacements due to age, wear and tear, excessive maintenance, or wrecks. Mr. Barcinski stated all three (3) contracts (Item 9.E., 9.F., and 9.G.) through the Sheriffs contract and vetted by the Chief Financial Officer as well as the Interim City 12 05/20/14 Attorney. Vice Mayor Petrolia commented about the five (5) replacement vehicles; three (3) of them were the ATV's used on the beach. Vice Mayor Petrolia asked about the other two (2) vehicles. Mr. Krejcarek stated one is Police related and the other one is to do with heavy equipment in the Environmental Services area. Mr. Frankel moved to approve the Purchase Award/Multiple Vendors FSA Contract No. 13-11-0904, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel—Yes. Said motion passed with a 3 to 0 vote. 9.F. PURCHASE AWARD/MULTIPLE VENDORS: FSA CONTRACT NO. 13-21-0904: Consider approval of a purchase award to multiple vendors in the total amount of $493,474.00 for twenty-two (22) vehicles; eight (8) vehicles from Don Reid Ford in the amount of$234,232.00; seven (7) vehicles from Hub City Ford in the amount of$123,023.00; two (2) vehicles from Duval Ford in the amount of $34,478.00; one (1) vehicle from Alan Jay Chevrolet in the amount of$21,329.00; and four (4) vehicles from Garber Chevrolet in the amount of $80,412.00. The outlined vehicle purchases being from the Florida Sheriff's Association (FSA) Contract No. 13-21-0904 is in compliance with Ordinance No. 29-13, Section 36.02, (C)(7)(a), "Utilization of Other Governmental Entities' Contracts", and Section 36.02(B)(6)(b), "Methods of Acquisition: Written Quotations Method, City Standard". Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery Equipment/Automotive). Vice Mayor Petrolia asked where the flood was in January 2014. Mr. Krej carek stated this was an isolated rain storm in the western part of the city around Military Trail/Linton Boulevard area (19-22 inches of rain in 6 hours) and several of the Police vehicles were flooded. Vice Mayor Petrolia moved to approve Purchase Award/Multiple Vendors FSA Contract No. 13-21-0904, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. 9.G. PURCHASE AWARD/MULTIPLE VENDORS: Consider approval of a purchase award to Alan J. Chevrolet in the amount of $101,160.00 for three (3) Chevrolet Tahoe Police Pursuit Rated SUVs, to be outfitted as Police K-9 vehicles; the outlined vehicle purchases being from the Florida Sheriffs Association (FSA) Contract No. 13-21-0904. This recommendation is in compliance with Ordinance No. 29-13, Section 36.02(C)(7)(a), "Methods of Acquisition, Direct Acquisition Method, Utilization of Other Governmental Entities' Contracts, Non-Real Property". Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery Equipment/Automotive). 13 05/20/14 Mr. Frankel moved to approve the Purchase Award to multiple vendors, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 3 to 0 vote. 9.11. NOMINATIONS FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Nominate two (2) alternate members for appointment to the Green Implementation Advancement Board to serve unexpired terms ending July 31, 2015. Based on the rotation system, the nominations for appointment will be made by Commissioner Frankel (Seat#3) and Commissioner Jarjura (Seat#4). Mr. Frankel moved to approve to nominate Bruce Bastian to the Green Implementation Advancement Board as an alternate member to serve an un expired term ending July 31, 2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:33 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 1LA. THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO A DATE CERTAIN OF JUNE 3, 2014. 11.B. THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO A DATE CERTAIN OF JUNE 3, 2014. 11.C. ORDINANCE NO. 14-14: Consider an amendment to Chapter 101, "Parks, Beaches, and Recreation", by amending Section 101.37, "Shark Fishing", to prohibit shark fishing within three hundred feet (300') north and south of the Municipal Beach and within three hundred feet (300') north and south of Atlantic Dunes. If passed, a public hearing will be held on June 3, 2014. The caption of Ordinance No. 14-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", BY AMENDING SECTION 101.37, "SHARK FISHING", TO PROHIBIT SHARK FISHING WITHIN THREE HUNDRED FEET (300') NORTH AND SOUTH OF THE MUNICIPAL BEACH AND WITHIN THREE HUNDRED FEET (300') NORTH AND SOUTH OF ATLANTIC DUNES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN 14 05/20/14 EFFECTIVE DATE. (The official copy of Ordinance No. 14-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance and stated this ordinance is being proposed to prohibit shark fishing within 300 feet north and south of the City's municipal beach and Atlantic Dunes Park in order to create a safe swimming area and the regulations of saltwater fishing is granted to the State through Fish and Wild Life. Brief discussion between the Interim City Attorney and Mayor Glickstein followed. Mr. Frankel asked if this is as expansive that the City can get. The Interim City Attorney stated this is the limits as far as the City can go with regulating it. Mayor Glickstein commented that this is a baiting issue and suggested that this be limited to surf casting as well. The Interim City Attorney stated the City is limiting it to the fullest extent permitted by law without overstepping its bounds since the State does pre-empt the issue with regards to the municipal beach. The Interim City Attorney stated to the extent that fishermen are going to be leaving from the municipal beach can be addressed; however, once they are out in the water it is more difficult to enforce. The Interim City Attorney stated the majority of the places that have been successful in enforcing regulations have been limiting it to the public swimming areas as is being done here. She stated beyond that it is questionable whether or not it is legal. The Interim City Attorney briefly discussed language with regards to the removal of shark carcasses. Mr. Frankel moved to approve Ordinance No. 14-14 on FIRST Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 3 to 0 vote. 1LD. ORDINANCE NO. 16-14: Consider approval to correct a scrivener's error within the legal description of Ordinance No. 19-94, pertaining to the annexation of the former Delray Swap Shop, located at 2001 North Federal Highway. If passed, a public hearing will be held on June 3, 2014. The caption of Ordinance No. 16-14 is as follows: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 19-94 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL 15 05/20/14 DESCRIPTION OF THE LAND ANNEXED INTO THE CITY LOCATED AT 2001 NORTH FEDERAL HIGHWAY AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance and stated this pertains to the Swap Shop. Mr. Frankel moved to approve Ordinance No. 16-14 on FIRST Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 3 to 0 vote. 1LE. ORDINANCE NO. 15-14: Consider approval to correct a scrivener's error within the legal description of Ordinance No. 18-94, pertaining to the annexation of 2101 North Federal Highway. If passed, a public hearing will be held on June 3, 2014. The caption of Ordinance No. 15-14 is as follows: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 18-94 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE LAND ANNEXED INTO THE CITY LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. Mark McDonnell, AICP, Director of Planning and Zoning, stated this property is north of the Swap Shop and was discovered by staff when the applicant found the error on their subject property. 16 05/20/14 Vice Mayor Petrolia moved to approve Ordinance No. 15-14 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 0 vote. 1LF. ORDINANCE NO. 18-14: Consider an amendment to Chapter 110, "Local Business Taxes Generally", of the Code of Ordinances by amending Section 110.15, "Local Business Tax Schedule", to eliminate outdated business classifications and to provide for an increase in the local business tax schedule. If passed, a public hearing will be held on June 3, 2014. The caption of Ordinance No. 18-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY", OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE", TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated Florida State Statute Chapter 205 gives the City the ability to increase the business tax receipts every other year and the last time this was approved by the City Commission was 2012. The ordinance modifies Section 110.15 by increasing all local taxes by 5%. Over the next year, Ms. Butler stated the increase would give the City approximately $35,000 in additional revenue. Mayor Glickstein stated the City is actually increasing this 2.5%per year. Vice Mayor Petrolia commented about the survey. Mr. Frankel moved to approve Ordinance No. 18-14 on FIRST Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. 17 05/20/14 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager Robert Barcinski, Acting City Manager, stated with regard to the George Bush Bridge opening at will the City has contacted the Coast Guard and they will study the bridge for the timing of the opening and closing. Secondly, the Acting City Manager stated the City is responsible for all exterior landscaping and irrigation maintenance, fence maintenance, and parking lot maintenance, lighting, exterior building, roof, and A/C for the Spady Museum as well as Old School Square and Cason Cottage. With regard to the Soccer Complex and the closed parking lot, the Acting City Manager stated Suzanne Davis, Parks and Recreation Director is working on this and in particular concern is the teachers' parking lot which also has access to other parts of Plumosa Elementary School. He stated the Palm Beach County School system has issues with closing this lot for general use but the City will continue discussions with them to see what can be worked out. The Acting City Manager commented about the Office of Inspector General (OIG) Report response and asked who should be signing off. Mayor Glickstein stated he will leave this decision up to Ms. Pyburn, Interim City Attorney. The Acting City Manager stated he is waiting for paperwork to clear so that the Human Resources Director can hire a City Engineer and other staff positions are being worked on. Lastly, Mr. Barcinski stated he has forwarded the schedule to the City Commission for the City Attorney interviews. 12.11. City Attorney The Interim City Attorney stated the applicant has requested that Item 9.A., Conditional Use Request/Depot Square Apartments, Item 1LA., Ordinance No. 01-14, and Item 11.11., Ordinance No. 12-14 need to be postponed to a date certain of June 3, 2014. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel stated earlier in the meeting Representative Bill Hager commented about the "e-cigarettes". Mr. Frankel asked the City Attorney if it is in the City's purview to regulate that area. Mr. Frankel stated he has noticed in the restaurants and office buildings where these are located people are smoking them. Mr. Frankel 18 05/20/14 stated there is an odor and second hand smoke. Mr. Frankel asked that the Interim City Attorney look into this and bring back to the City Commission. Secondly, Mr. Frankel stated he has received some information that the City's lifeguards are the lowest paid compared to other municipalities. The Acting City Manager stated this has to be addressed in the budget process. Mayor Glickstein commented about this and stated the City promotes itself as having world class beaches, parks, and other assets but we are not doing the heavy lifting in terms of maintaining these and a big part are people. Mayor Glickstein stated he would like to see that come back very quickly. Furthermore, Mayor Glickstein stated we do not have to be the top; however, Delray Beach has to be competitive. 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia stated she spoke to Shadywoods Homeowners' Association last night and they have an issue with their streets and it is time for some resurfacing. She asked that Randal Krejcarek, Director of Environmental Services, look into this issue for a solution. Secondly, Vice Mayor Petrolia stated the garbage dumpsters behind Big Lots are overflowing. Lastly, Vice Mayor Petrolia stated it has come to her attention that there is a true level of fear from the employees. Vice Mayor Petrolia read a brief statement into the record and stated if an employee is doing a good job in the confines of the rules and laws set forth by the local and state regulations, then employees should not fear their job. Vice Mayor Petrolia stated the City Commission is trying to do the best that they can in policy making and a lot of changes have come as a result of it and fear may be part of that. 12.C.4. Mayor Glickstein Mayor Glickstein stated there are great people working for this city and he feels it is the Commission's job to give Department Heads and through them their employees best practices which enable the City to compensate employees which is the best way to show how much you appreciate them in competitive ways. Mayor Glickstein stated he believes if you improve the quality of life of your employees through both compensation and a great work environment, that they are going to be happier and perform better and the City is going to have the means by which to compensate them in a way that keeps a very positive cycle as opposed to a very negative cycle. Mayor Glickstein stated the change in the end he believes is going to be positive for the City at large. There being no further business, Mayor Glickstein declared the meeting adjourned at 8:00 p.m. 19 05/20/14 City Clerk ATTEST: MAYOR 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 May 20, 2014, 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. 20 05/20/14 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA INTERNAL ADJUSTMENT REQUESTS FOR SEAGATE YACHT CLUB TOWNHOUSE DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The internal adjustment requests for the Seagate Yacht Club Townhouse Development came before the City Commission on May 20, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the internal adjustment requests for Seagate Yacht Club Townhouse Development. All of the evidence is a part of the record in this case. I. Internal Adiustment: Pursuant to LDR Section 2.4.7(C)(5), prior to granting an internal adjustment, the approving body shall make a finding that the granting of the internal adjustment does not diminish the practical application of the affected regulation and that by granting such relief, a superior development product will result: A. Pursuant to LDR Section 4.3.3(0)(3)(c), setbacks interior to the protect with respect to side and reai'�'lot lines shall not be observed; but in-lieu thereof, structures (dwelling unit groups) shall not be located closer than twenty-five feet 25' for a two-storV structure nor thirty feet 30' for a three sto or greater, structure. The distance required between the two townhome buildings is 30' while 20' is being provided. The applicant has submitted the following verbatim narrative in support of the internal adjustment: "The site layout provides (2) locations for 20' separations between buildings_ We feel this is adequate given the nature of the Architectural Style in which there is a significant amount of glass being proposed for these units. This abundance of glass allows for ample natural light to penetrate the units. Also, given the nature of the project location on the intra-coastal waterway, there is a significant adjacent open space water body to the west which dramatically increases air movement between the buildings". Regular Meeting May 20,2014, Item 9.13 Should the internal adjustment reducing the separation between the two townhome buildings from the required 30' to the proposed 20' be granted? Yes ✓ No B. Similar to A. above, the required distance between the Yacht Club building and the most northern townhome building is 30' and 20' is being provided. The applicant has requested an internal adjustment to this LDR requirement. Should the internal adjustment reducing separation between the most northern townhome building and the Yacht Club from the required 30' to the proposed 20' be granted? Yes ✓ No 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 internal adjustment requests and hereby adopts this Order this 201h day of May, 2014, by a vote of 3 in favor and 0 oppose . ' 9FJgi9 p0�,.��- . ATTEST. . Cary . Giickstein, Mayor Chevelle Nubin, City Clerk: 2 Regular Meeting May 20,2014, Item 9.13 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Service Department Tamara Genius, Plan Reviewer Tracie Lutchmansingh, P.E., Assistant City Engineer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: April 23, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF JULY 15,2014 REQUEST OF A SIDEWALK DEFERRAL/3011 JASMINE COURT BACKGROUND The owner plans to construct a 3,013 square foot single family residence on the subject property which is a 0.22 acre vacant lot. It is located on the east side of Jasmine Court, east of Spanish Trail and south of Jasmine Drive; in the Tropic Isles Subdivision. This property is zoned Single Family Residential (R- 1-AA-B). The location map is attached for reference. The owner is requesting a sidewalk deferral for Jasmine Court. The Homeowners Association of Tropic Isles Subdivision does not want sidewalks in their neighborhood. Several sidewalk deferrals have been approved in this subdivision over the last few years. See attached list of previously approved sidewalk deferrals in the Topic Isles Subdivision. At its meeting held on April 3, 2014, the Development Services Management Group (DSMG) supported the sidewalk deferral at 3011 Jasmine. FINANCIAL DEPARTMENT REVIEW The sidewalk deferral agreement has been reviewed and approved by Finance. DISCUSSION This item before Commission is the approval of a sidewalk deferral for the property located at 3011 Jasmine Court. TIMING OF THE REQUEST This item is required prior to issuance of the Certificate of Occupancy(C.O.) RECOMMENDATION Staff recommends approval of the sidewalk deferral at 3011 Jasmine Court. 5 ' ■ � � •+*; �*.•irk, S .� Fl jW LX T, y� ytr INN"jw . ' 7 Prepared By: RETURN TO: Environmental Services Department 434 S. Swinton Avenue Delray Beach,Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of , 20_, between the City of Delray Beach (hereinafter the City) and Kevin Reilly (hereinafter the Owner), for the purpose of waiving the requirement of the installation of a sidewalk along 3011 Jasmine Court 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 Jasmine Court 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:lEngA dminlSidewalkDeferralslsidewalk deferral agmt.doc 1 i 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 1c,,nne Cl ,- as described below: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the �_ 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 g arties to this agreement set their hands and seals this P day of , 20 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor, Cary Glickstein Approved as to form and sufficiency: City Attorney C:lUserslFinancelAppDatalLocallMicrosoftlWindoK,slTemporary Internet FileslConteizt.Outlook107V34YFB1sidewalk deferral agmt-blank.doc Page 2 of 3 WITNESSES: OWNER: l - B �rC ✓ (Please type or print name) (Please type or print name) STATE OF �G � �, �� COUNTY OFG.'� = BEFORE ME personally appeared 6-L?i-Z � �a'� �' who [is] [are] personally known to me or [has] [have] produced 'g� [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before nee that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this day of MI , 20 f. My commission expires: t ✓` — Notary Public (Seal) TATYANA ROSTANETS NOTARY PUBLIC- MICHIGAN WAYNE COUNTY ACTING IN THE COUNTY OF t �f aY `€ !1 EXPIRES 1/1/2018 agl sidewalk deferral agreement C:I Users TinanceApp DatalLocallMicrosoft IYT indowslTemporary Internet FileslContent.Outlook 1O7V34YFY5idewalk deferral agmt-blank.doe Page 3 of 3 Sidewalk Deferrals in Tropic Isles Subdivision Address 1 960 Dogwood Drive 2 926 Banyan Drive 3 929 Banyan Drive 4 936 Hyacinth Drive 5 972 Fern Drive 6 936 Banyan Drive 7 928 Jasmine Drive 8 961 Jasmine Drive 9 951 McCleary Street 10 975 Banyan Drive 11 959 Eve Street 12 950 Allamanda Drive 13 964 Cypress Drive 14 960 Fern Drive 15 908 Hyacinth Drive 16.951 Iris Drive w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 7, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF JULY 15,2014 ACCEPTANCE OF A RIGHT-OF-WAY DEED/SOUTHGATE MOTEL BACKGROUND The subject property consists of 0.67 acres and contains an existing 3,937 sq. ft., one-story 10—room motel with associated parking and landscaping. The applicant proposes to demolish the existing site and construct an 11,795 sq. ft. two-story 29-room motel with associated parking, landscaping, swimming pool with bathroom facilities and outdoor grill area. At its meeting of January 24, 2013, the DSMG (Development Services Management Group) recommended that Southgate Motel dedicate 20' of right-of-way along the rear property frontage adjacent to Old Dixie Highway. Right-of-Way Deed Agreement: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, eighty feet (80') of right-of-way is required for the county collector (Old Dixie Highway). Thirty feet (30') of right-of-way is existing (i.e. 15' on either side). An additional twenty feet (25') of right-of-way is required on the east side of Old Dixie Highway along the subject property frontage. Consequently, the City is only requesting that the applicant dedicate twenty feet (20') of right-of-way. DISCUSSION Accept the 20' right-of-way deed for Southgate Motel located at 1600 North Federal Highway. RECOMMENDATION Advisoa/Approving Board Recommendation: On March 26, 2014 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan associated with the request. As a condition of site plan approval, a twenty foot (20') right-of-way dedication along the east side of Old Dixie Highway was required. Staff Recommendation: The Planning &Zoning Department recommends acceptance of the 20' right-of-way deed for Southgate Motel located at 1600 North Federal Highway. 1 � SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING : March 26, 2014 Southgate Motel — Class V Site Plan 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........... Onu Hoque � -- Agent............................. Currie Sowards Aguila Architects �r'` � � ,. to r Location......................... 500 north of NE 14 Street, between N. Old Dixie Hwy. & N. Federal Hwy. (US1) Property Size................. 0.67 acres I s Future Land Use Map.... GC (General Commercial) X11 1 Current Zoning............... GC (General Commercial) Adjacent Zoning....North GC (General Commercial) ' -' '" S' t East: GC (General Commercial) �yig a a J South: GC (General Commercial) E I West: R-1-A (Single Family Residential) Existing Land Use.......... 10-room motel Proposed Land Use....... 29-room motel 70 Water Service................ Existing via an 8" line located within the Old Dixie Highway right-of-way ; k � e' f € . Sewer Service................ Existing via a lift station located in -1 C the rear of the property along Old y - ! I Dixie Highway ' r ITEM BEFORE THE BOARD The action before the Board is approval of a Class V Site Plan to demolish the existing 10-room Southgate Motel and construct a new 29-room motel with associated on-site amenities, parking and landscaping improvements, pursuant to LDR Section 2.4.5(F). 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, is located along the west side 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. On July 15, 2013, the Planning and Zoning Board recommended approval to the City Commission for a conditional use request to construct a new Southgate Motel On August 6, 2013, the City Commission approved the Southgate Motel conditional use request to demolish the existing ten (10) room 3,937 sq. ft. motel and construct a new twenty-nine (29) room 11,795 sq. ft. motel. Now before the Board for consideration is a Class V Site Plan proposal to demolish and reconstruct the motel with associated new on-site amenities, parking spaces and landscaping. PROJECT DESC'RIPT'ION 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-nine (29) rooms; • construction of a gated entry feature off of US1 (North Federal Highway); • provision of two (2) executive suites on upper stories; • 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 continental breakfast/dining area; • provision of brick paver walkways and sidewalks; • construction of a twenty-two (22) space parking lot; • associated on-site landscaping upgrades. The development proposal also includes the following waiver request: • Pursuant to LDR 4.6.16(H)(3)(i), where terminal landscape islands are required to be located at the end of each parking row and have a minimum width of nine (9)feet and a minimum depth of fifteen feet (15') for a total of 135 sq. ft. The parking row with the two (2) spaces in the rear does not comply. 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. Si',%- Plan,Review and Appearanc -)ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Ni,,cel Page 2 LDR Section 4.3.4(x) Development Standards Matrix— Nonresidential Zoning Districts: Please note the Land Development Regulations (LDR) Section 4.3.4(x) - Development Standards Matrix for Non-Residential uses which apply to General Commercial (GC) zoning district: GC Min. Min. Lot Min. Min. Min. Min.* Min.* Min. Max. Min. Lot Width/ Lot Open Front Side Side Rear Bldg. Buffer Size Frontage Depth Space Setback Interior Interior Setback Height (ft.) (acres) (ft.) (ft.) N (ft.) Setback Setback (ft.) (ft.) Min/Max (ft.) -S (ft.) - N Required 0 0 0 25 5/15 0 0 10 48 10** Provided 0.64 121.35 230.9 29 5/10 12'1" 1'8" 10''/2" 28'10" 5 1 *For interior lots, when there is no dedicated access to the rear of any structure, a ten foot (10') side interior setback is required on one(1)side only[LDR Section 4.4.9.F.1]. This site is exempt due to dedicated rear access. **If the front faces the roadway and no parking or vehicular circulation areas are proposed between the building and the right-of-way, then the ten foot(10') landscape buffer is not required [LDR Section 4.3.4.H.6.b.2]. This site is exempt due to no parking in the front between the building and the public right-of-way. NOTE #1: The subject property is also located within the North Federal Highway Overlay District which means it may be subject to further development requirements [LDR Section 4.5.7.A.]. NOTE #2: The subject property is also located within the North Federal Highway Area which means it may be subject to further development requirements [LDR Section 4.4.9.F.2.1. 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 has been provided which meets these requirements. Thus, this standard is met. LDR Section 4.6.9(C)(7)(e) — 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-nine (29) motel rooms for twenty (20) spaces, then two (2) spaces for the common use areas for motel guests at 10 spaces per 1,000 sq. ft. Thus, the total parking requirement is twenty-two (22) spaces and twenty-two (22) spaces are provided, therefore this standard is met. LDR Section 4.6.9(C)(1)(q) - 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 22 spaces, so a maximum of six (6) compact spaces are allowed. Six (6) compact spaces are proposed which is in compliance. LDR Section 4.6.9(D)(4)(e) -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 (15'). It proposed angled parking spaces measure forty-five (45) degrees and the one-way drive aisle measures fifteen feet (15'). Thus, this standard is met. Sete Plan Review and Appearanc )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Niutel Page 3 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-Of- Right-Of Right-Of- Width Width Width Way Way Way -Existing- -Required- Proposed- -Existing- Required- -Proposed- Old Dixie Highway None 5' Not Shown 30' 80' 50' 20' ded.) North Federal Highway 4' 5' (new) FDOT req. 100' 120' FDOT req. 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 twenty feet (20') right-of-way dedication is to be provided, 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. If additional riqht-of-way is required this will impact site design and likely require subsequent approvals. LDR Section 6.1.3(B) -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) required a five foot (5') sidewalk. A sidewalk has not been depicted on the plans within the Old Dixie Highway and 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. LDR Section 6.1.8 (Undergrounding of Utilities): Pursuant to Section 6.1.8 (Undergrounding of Utilities), utility facilities serving the development (i.e. electric, phone, cable) shall be located underground throughout the development. The utility services for the proposed structure must be placed underground and a note to this effect shall be included on the proposed site plan. This is a condition of approval. Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: 1. Modify the site data chart on the site plan (Sheet A1.01 a) to indicate "provided" values, in addition to the "required" values for front, rear, side interior setbacks and maximum building height. Sate Plan,Review and Appearanc )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Nw(el Page 4 2. On January 24, 2013, the DSMG (Development Services Management Group) determined that a minimum five foot (5) sidewalk is required along Old Dixie Highway. Modify plans to indicate the geographic location of the new sidewalk adjacent to the public right-of-way. This is consistent with all other prior approved projects. 3. On January 24, 2013, the DSMG (Development Services Management Group) determined that an additional twenty feet (20') of right of way must be dedicated along Old Dixie Highway. Indicate the twenty foot (20') right-of-way dedication on all plans. ORB 6060 PG 1442 is in reference to an "easement deed" not a "right-of-way deed". Processing and approval of a r.o.w. dedication agreement is necessary and will be subsequently recorded with Palm Beach County. 4. There is an existing twenty foot (20') the Lift Station Easement (ORB 6060, PG 1442) which transverses across the entire rear of the property. After the required twenty foot (20') right of way dedication, you will no longer be encroaching within this easement area. However, no new construction (i.e. curb cuts, fencing, etc.) in this existing easement area will be allowed without expressed written consent. 5. Per City of Delray Beach Comprehensive Plan, Policy A-1.5, nonresidential projects with over 10,000 square feet which are adjacent to existing or future Palm Tran bus stop are required to provide a bus shelter easement and install a City-approved bus shelter in the right-of-way adjacent to the property frontage associated with new development or significant redevelopment. If a project qualifies but is not adjacent to a bus stop or bus shelter already exists, then a financial contribution made to the City in-lieu of providing the bus shelter is required. Modify plans to indicate that the existing bus stop in front of the Southgate Motel will be replaced with a bus shelter. A mass transit easement may also be required if there is insufficient area within the adjacent public right-of-way, in order to accommodate a new bus shelter on-site. 6. Provide a dimensioned elevation detail of the proposed column supported gateway entry off of US1. Label proposed roofing and column materials and associated colors. Also dimension the maximum height clearance for emergency vehicles and trucks at the lowest point of the sloped roof. 7. Pursuant to LDR Section 4.6.14, graphically depict all required sight visibility triangles along Old Dixie Highway and North Federal Highway (US1), as required by respectively by Palm Beach County and Florida Department of Transportation (FDOT). This includes one-way entrances/exits. 8. Provide confirmation from FDOT that no additional right-of-way is required along North Federal Highway, 9. Provide confirmation from FDOT that no new sidewalk or expansion is required along North Federal Highway. 10. 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. Engineering Technical Items: While the revised plans have accommodated most of staff's comments, the outstanding items identified in "Appendix C" of this staff report will need to be addressed prior to site plan certification. Site Plan Review and Appearanc )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Mu[el Page 5 WAIVER ANALYSIS 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. Nine Foot(9') WideTerminal Landscape Islands Pursuant to LDR 4.6,16(H)(3)(i) a terminal landscape islands is to be located at the end of each parking row and have a minimum width of nine (9) feet and depth of fifteen feet (15') for a total of 135 sq. ft. A waiver has been requested to reduce the requirement for the terminal landscape islands on either side of the proposed two (2) space parking row for employees in the rear of the property. Whereas, the required five foot (6) perimeter landscape buffer separating vehicle use areas has been provided on the north side of the parking row, a one foot (1') landscaped area is provided on the south side of the parking row. The applicant has provided the following verbatim justification statement regarding the waiver request: "In our case the issue is the two employee parking spaces located below the second floor of the building along the North West corner of the project which restricts the full compliance of this section of the LDR. As you know, this project removes a building that is thoroughly deficient in meeting current LDR requirements and is proposed to be replaced with a new and modern LDR compliant facility that will bring new life to this area of the city. We have made every effort to maximize the parking while meeting all landscape requirements. The proper buffer at the property line has been provided, with thorough landscaping, and the southern side of these two spaces is completely below the building where planting of any consequence will struggle to survive. It is our opinion that this unique situation, if granted, will not adversely affect the neighboring area; will certainly not diminish the provision of public facilities as this is in the rear of the property; will not create an unsafe situation; and frankly is similar to other waivers granted for other projects previously. It should be noted again that these two spaces are at the rear of the project, are below the building, are for employees only, and will not result in the granting of special privilege if approved." There is also only one foot (1') of sodded area proposed next to the parking space on the south side of the building. The two-story motel building is located immediately south of this space. A landscape island with plant materials cannot be accommodated at this location. Please note that the proposed green area on the north side meets the City's code requirements for the perimeter landscape buffer, however the nine feet could not be accommodated due to site constraints. The substitution of curbed landscape islands (i.e. requiring a minimum 9' width with ground cover and shade trees) with the reduced width landscape buffers of five feet (5) on the north side and one foot (1') on the south side will not negatively affect surrounding properties because these two (2) parking spaces will be restricted to employees only who have rear access in this area. Thus, there will be limited visibility by Sate Plan Review and Appearanc - )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Mucel Page 6 the public in the rear of the property. Similarly, the area on the south side is better served as a concrete pedestrian walkway/pathway to access the exterior door to the janitorial room. As such, the waiver can be supported. These changes will have a positive impact on the surrounding properties. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REQUIRED FINDINGS 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). 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-9: 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 Class V Site Plan to allow the new motel is consistent with the LDRs with approval of the waiver reducing the terminal landscape islands and staff recommended conditions of approval. 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 Sbte Plan Review and Appearanc ' yard Staff Report of March 26, 2014 Class V Site Plan for Southgate Motel Page 7 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: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. As described under the Site Plan Analysis section 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. COMPATIBILITY: 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 land uses that are adjacent to the subject property: Adjacent Zonin g 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 primarily for 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. 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. 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 are applied. 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 Senior Landscape Planner. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification. 1. To follow up with the above comment, the proposed Christmas palms used within the landscape areas up against the building will not produce a large enough canopy to count towards the tree Site Plan Review and Appearanc` )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Motel Page 8 requirements. Switch these palms out to larger palms such as Sylvester Palms, Double Montgomery or Foxtail Palms, etc. These trees must be a minimum of sixteen feet (16') in height. The palm labeled `AMD' (Double Christmas Palm) does not list this tree as being double- trunk. Revise specifications. 2. The open space percentage for this site will have to be recalculated as a result of the twenty foot (20') Right-of-Way dedication along Dixie Highway. Please show revised percentage on plans, making sure that the required twenty-five (25%) percent is met. It appears that the new open space percentage is 23.74%, short of the required 25%, as opposed to the indicated 29%. A variety of trees, plants and groundcover materials are employed to enhance the development. Amongst the variety of species to be utilized include, but is not limited to: Christmas Palm, Pidgeon Palm, Green Buttonwood, Areca Palm, Live Oak, Cocoplum, Dwarf Firebush, Simpson's Stopper and Green Island Ficus. Based on the above analysis, the Landscape Plan will comply with LDR Section 4.6.16, provided the aforementioned outstanding technical comments are addressed prior to site plan certification. This is attached as a condition of approval. ARCHITECTURAL ELEVATI ®:N 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: 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. The architectural elevations consist primarily of a two-story L-shaped 11,795 sq. ft., 29-room motel with an executive suite on a 3`d level fronting along US1. There will be a one-story, 252 sq. ft. freestanding cabana building in a gated pool area, south of the main motel building. Likewise, there will be a gateway entry feature off of the US1 entrance. The architectural elevations for the gateway entry feature have not been provided and this is attached as a condition of approval. The two-story motel will be smooth painted stucco. The doors and walls will be cream colored (SW- 7008 — Alabaster). The canvas awnings on the upper and lower levels will be green (SW-6740 — Kilkenny). The entire second level balcony will be enclosed with railings consisting of a 42" high stainless steel tube and cable guard. All motel rooms on the 1St and 2nd levels will have sliding glass doors and windows with aluminum framing and a view onto the parking lot and recreational/pool area. The Executive Suite on the 2nd level will have a semi-private balcony and sliding glass doors and windows fronting on US1. The 3`d level executive suite will have two (2) clearstory windows on the south and east sides. The canvas awning will conceal light from entering these two (2) windows. There will be no sliding glass doors or balcony provided for the 3`d level executive suite. The north and west elevations of the 2-story motel building will have decorative glass block windows for the motel rooms on the 1 st and 2nd levels and stucco reveals on the exterior walls to create a pattern of visual interest. The architectural design style of the cabana building is similar to the main motel building and will exhibit columns along the US1 frontage. It will also be cream colored (SW-7008 — Alabaster) painted stucco Site Plan Review and Appearance )ard Staff Report.of March 26, 2014 Class V Site Plan for Southgate Motel Page 9 with a smooth finish. It will have a slightly sloped roof and is designed to accommodate the guests visiting the recreation/pool area. The gateway entry feature, as depicted on the color renderings, will also be cream colored (SW-7008 — Alabaster) painted stucco with a smooth finish. At the top of both column supports will be a multi-tiered entry feature. The northernmost tower feature will intersect the top of the third level of the south side of the motel building. The gateway entry feature columnar tower features will be compatible with both the main motel building and pool cabana building architectural elevations fronting along US1. The aesthetics of the buildings and features serving the proposed motel are compatible and harmonious with the surrounding properties. Upon review of the final architectural drawings via addressing the attached condition of approval, the proposed architectural elevations will be deemed compliant. Thus, positive findings can be made with regard to the criteria listed in LDR Section 4.6.18(E). REVIEW BM OTHERS The development proposal is not located within a geographical area requiring review by the PGMS (Pineapple Grove Main Street), WARC (West Atlantic Development Coalition), HPB (Historic Preservation Board) or the DDA (Downtown Development Authority). C RA: The Community Redevelopment Association (CRA) considered the development proposal at their meeting of June 27, 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 ❑ Kokomo Key ❑ La Hacienda ❑ Martell Arms ❑ Estuary ASS'ESSMEN'T AND CONCLUSION The Class V development proposal is to allow demolition of the existing ten (10) room 3,937 sq. ft. motel and construction of a new twenty-nine (29) room 11,795 sq. ft. motel with a swimming pool, outdoor grill area and associated new landscaping and parking lot upgrades. The Southgate Motel will operate twenty-four (24) hours a day and will have an on-site manager's office and two (2) executive suites. 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-nine (29) rooms. On-site amenities offered for motel guests include a swimming pool, outdoor grill and.continental breakfast facilities. All units must be available to the general public and occupied on a short term basis. 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, 20' lift station easement. With the addressing of proposed conditions of approval, the current proposal will meet required findings with respect to LDR Section 3.1.1. (LDR Compliance). Site Plan,Review and Appearanc )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Mu el Page 10 ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval of the Class V Site Plan, Landscape Plan and Architectural Elevations for the Southgate Motel, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(F)(Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. C. Recommend denial of the Class V Site Plan, Landscape Plan and Architectural Elevations for Southgate Motel based upon a failure to make positive findings with respect to Section 3.1.1 and Section 2.4.5(F) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan. RECOMMENDED ?ACTION''. By Separate Motions: Waiver Move approval of a waiver to LDR 4.6.16(H)(3)(i), which requires terminal landscape islands to be located at the end of each parking row and have a minimum width of nine(9)feet and depth of fifteen feet (15') for a total of 135 sq. ft. to reduce this requirement on either side of the two- space employee parking row in the rear and reduce this requirement to 5'0" on the north side and 1'0" on the south side, subject to positive findings with respect to LDR Section 2.4.7(B)(5). Site Plan Move approval of the Class V Site Plan for Southgate Motel, 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) and 3.1.1. (Required Findings) of the Land Development Regulations, subject to the following conditions: 1. Modify the site data chart on the site plan (Sheet A1.01 a) to indicate "provided" values, in addition to the "required" values for front, rear, side interior setbacks and maximum building height. 2. On January 24, 2013, the DSMG (Development Services Management Group) determined that a minimum five foot (5') sidewalk is required along Old Dixie Highway. Modify plans to indicate the geographic location of the new sidewalk adjacent to the public right-of-way. This is consistent with all other prior approved projects. 3. On January 24, 2013, the DSMG (Development Services Management Group) determined that an additional twenty feet (20') of right of way must be dedicated along Old Dixie Highway. Indicate the twenty foot (20') right-of-way dedication on all plans. ORB 6060 PG 1442 is in reference to an "easement deed" not a "right-of-way deed". Processing and approval of a r.o.w. dedication agreement is necessary and will be subsequent recorded with Palm Beach County. 4. There is an existing twenty foot (20') the Lift Station Easement (ORB 6060, PG 1442) which transverses across the entire rear of the property. After the required twenty foot (20') right of way dedication, you will no longer be encroaching within this easement area. However, no new construction (i.e. curb cuts, fencing, etc.) in this existing easement area will be allowed without expressed written consent, and this shall be noted on the plan. Site Plan.Review and Appearanc, )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Mvicel Page 11 5. Per City of Delray Beach Comprehensive Plan, Policy A-1.5, nonresidential projects with over 10,000 square feet which are adjacent to existing or future Palm Tran bus stop are required to provide a bus shelter easement and install a City-approved bus shelter in the right-of-way adjacent to the property frontage associated with new development or significant redevelopment. If a project qualifies but is not adjacent to a bus stop or bus shelter already exists, then a financial contribution made to the City in-lieu of providing the bus shelter is required. Modify plans to indicate that the existing bus stop in front of the Southgate Motel will be replaced with a bus shelter. A mass transit easement may also be required if there is insufficient area within the adjacent public right-of-way, in order to accommodate a new bus shelter on-site. 6. Pursuant to LDR Section 4.6.14, graphically depict all required sight visibility triangles along Old Dixie Highway and North Federal Highway (US1), as required by respectively by Palm Beach County and Florida Department of Transportation (FDOT). This includes one-way entrances/exits. 7. Provide confirmation from FDOT that no additional right-of-way is required along North Federal Highway. 8. Provide confirmation from FDOT that no new sidewalk or expansion is required along North Federal Highway. 9. 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. 10.Address the Preliminary Engineering Technical Comments identified in the attached "Appendix A". Landscape Plan Move approval of the landscape plan for Southgate Motel, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. To follow up with the above comment, the proposed Christmas palms used within the landscape areas up against the building will not produce a large enough canopy to count towards the tree requirements. Switch these palms out to larger palms such as Sylvester Palms, Double Montgomery or Foxtail Palms, etc. These trees must be a minimum of sixteen feet (16') in height. The palm labeled `AMD' (Double Christmas Palm) does not list this tree as being double- trunk. Revise specifications. 2. The open space percentage for this site will have to be recalculated as a result of the twenty foot (20') Right-of-Way dedication along Dixie Highway. Please show revised percentage on plans, making sure that the required twenty-five (25%) percent is met. It appears that the new open space percentage is 23.74%, short of the required 25%, as opposed to the indicated 29%. Site Plan Review and Appearanc( )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Mucel Page 12 Architectural Elevations Move approval of the architectural elevations for Southgate Motel, 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, subject to the following condition: 1. Provide a dimensioned elevation detail of the proposed column supported gateway entry off of US1. Label proposed roofing and column materials and associated colors. Also dimension the maximum height clearance for emergency vehicles and trucks at the lowest point of the sloped roof. Attachments: • Appendix A-Preliminary Engineering Technical Comments • Appendix B-Concurrency Findings • Appendix C-Standards for Site Plan Actions • Location Map • Waiver Justification Statement • Proposed Project Plans Site Plan Review and Appearanc, Dard Staff Report of March 26, 2014 Class V Site Plan for Southgate Nwcel Page 13 APPENDIX "A" PRELIMINARY ENGINEERING TECHNICAL COMMENTS 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, Plat, Site Plan, Landscaping Plan and Preliminary Engineering Plan needs 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. Provide Survey completed within the last 6 months per LDR Section 2.4.3 (B) (5). 4. Provide existing elevations on existing roadway including edge of pavement and center line. 5. Clearly indicate limits of right-of-way and center line of the right-of-way of any adjacent streets with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street per LDR Section 2.4.3 (B) (5). 6. 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. Lift Station easement needs to be labeled on all plans. 7. Indicate right-of-way dedications on all plans in accordance with LDR Section 5.3.1. 8. Label Federal Highway and existing sidewalk on Civil Plans. 9. Provide a minimum 5-foot wide sidewalk along Old Dixie Highway. 10. Indicate a permanent access/entrance will be provided for existing lift station, refer to City Standard Detail LS 2.1 for guidance. In addition, all proposed improvements around lift station will need to be approved by the City's Utility Department. 11. Clearly indicate location of sanitary sewer main and force mains on Old Dixie Highway. Also include symbol for clean-out and label on plans. 12. Relocate proposed storm drain and drainage line out of existing lift station easement. 13. Florida Department of Transportation (FDOT) permit(s) may be required for this project per LDR Section 2.4.2 (C) (2) (c). Submit correspondence from FDOT indicating direction for the permitting of all work in their right-of-way. 14. Clearly dimension driveway width on Civil Plans. 15. Provide parking signs and markings in accordance with LDR Section 4.6.9 (D)(6) and latest version of City Construction Standard Details. 16. 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. 17. Provide ADA compliant access from the parking space to the building. Site Plan Review and Appearanc( )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate Mu,el Page 14 18. 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. 19. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water ug ality and quantily 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. 20. Indicate location of existing water service on Civil Plans per LDR Section 2.4.3 (B) (8) and 2.4.3 (D) (3) including type and size of existing lines. Provide notes that state the disposition of all existing facilities including service lines and meters. 21. Indicate location of existing sanitary sewer on Civil Plans per LDR Section 2.4.3 (B) (8) and 2.4.3 (D) (3) including type and size of existing lines. Provide notes that state the disposition of all existing facilities including service lines and cleanouts. 22. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (as applicable). 23. 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. 24. 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." 25. 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." 26. Provide signed and sealed calculations indicating current and proposed estimated flows into existing 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. 27. Indicate a City approved bus shelter and mass transit easement (as applicable) will be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5 and LDR Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new residential project that has 25 or more units; 2) a nonresidential project that is greater than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed Palm Tran bus stop. A contribution for the full cost of the purchase and installation of a complete bus shelter will be required if bus shelter will be located less than the standard minimum distance from an existing bus/shelter. 28. Please indicate on plans a City approved bus shelter will be installed in accordance with Palm Tran and ADA requirements (eg. 5' x 8' landing area, 30' from intersection, direct access to site, etc). In accordance with LDR Section 6.1.14, bus shelter needs to include a pad, an ADA-compliant boarding and alighting area, and an ADA-compliant structure which includes a mounted trash receptacle, bike rack, bench and sufficient illumination. 29. 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 Site Plan Review and Appearanc( )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate MvLel Page 15 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. 30. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 31. Additional comments may follow after review of revised plans. Site Plan Review and Appearance )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate MULel Page 16 APPENDIX "B CNCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(8), 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 (8t" 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 provided a traffic concurrency determination letter for the proposed development which indicates that the proposed motel meets the Traffic Performance Standards of Palm Beach County. 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., 29-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$14,500 for twenty-nine (29) 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. Thus, positive findings with respect to this level of service standard can be made. Site Plan,Review and Appearance -)ard Staff Report of March 26, 2014 Class V Site Plan for Southgate rhvLel Page 17 APPENDIX "C" 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 Police found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable I X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable I 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 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 I X Meets intent of standard Does not meet intent Site Plan Review and Appearane )ard Staff Report of March 26, 2014 Class V Site Plan for Southgate MUtel Page 18 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent KOKOMO KEY ALLFIT AVE. �i 17TH ST. Q o ESTUARY WAY N. E. 16tH S T. (Q�� Lu Q EASTVIEW AVE. J Q cff W N. E. 15TH o J w o LAKE AVENUE N. z N.E. 14TH ST. (LAKE AVE.) N. E. 14TH ST. LAKE AVENUE S. N.E. 13TH ST, DENERY N SUBJECT PROPERTY SOUTHGATE MOTEL EXPANSION PLANNING AND ZONING DEPARTMENT LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1379—Southgate Motel Expansion Robert G.Currie,F A a SOWARDS 1e5s M.Sowards,: IA,LEED AP M A G U I L A .Joss Al.Aguilo,AAA, LEER AP March 14,2014 Ms. Candi Jefferson, Senior Planner City of Delray Beach Planning&Zoning Department 100 NW V'Avenue Delray Beach, Florida 33444. Re: Southgate Motel Expansion CSA Project No. 121002 Dear GIs. Jefferson: I am in receipt of your letter wherein you request that we provide a request for waiver in accordance with LDR section 2.4.7 (D)for the size and shape of the two parking islands noted. LDR section 2.4.16 (H) (3)(h) notes that landscape islands contain a minimum of 135 square feet of planting area and a minimum dimension of nine feet in width. In our case the issue is the two employee parking spaces looted below the second floor of the building along the forth West corner of the project which restricts the full compliance of this section of the LDR. As you know,this project removes a building that is thoroughly deficient in meeting current LDR requirements and is proposed to be replaced with a new and modem LDR compliant facility that will bring new life to this area of the city. We have made every effort to maximize the parking while meeting all landscape requirements. The proper buffer at the property line has been provided, with thorough landscaping, and the southern side of these two spaces is completely below the building where planting of any consequence will struggle to survive. It is our opinion that this unique situation, if granted,will not adversely affect the neighboring area;will certainly not diminish the provision of public facilities as this is in the rear of the property;will not create an unsafe situation; and frankly is similar to other waivers granted for other projects previously. It should be noted again that these two spaces are at the rear of the project, are below the building, are for employees only,and will not result in the granting of special privilege if approved. Therefore,with these points and the attached fee,we respectfully request your favorable recommendation to this request. Sincerely, CIORRIE SOWARII)S A UILA ARCHITECT R beat . 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Ist Avenue Delray Beach, Florida 33444 PCN#12-43-46-09-12-000-0012 RIGHT-OF-WAY DEED THIS INDENTURE made this day of May, 2014, between HOQUE PLUS, INC. a New York corporation, with a mailing address of 1600 N. Federal Hwy., Delray Beach, FL 33483, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. Ist Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH : That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: (Legal Description) See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof-, is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. 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 right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivfred PARTY OF THE FIRST PART in the presence of: Hoque Plus, Inc., a New York corporation B : —� (Na4e printed or typed) ONU E. HOOUE, President (Name printed or typed) 1600 N. Federal Hwy. Delray Beach, fl 33483 (Address) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of May, 2014, by Onu E. Hoque, as President of Hoque Plus, Inc., a New York corporation, on behalf of the corporation who is personally known to me or has produced as identification. TAXOM Signature of Notary Public - WOM ISSi EE0027i9 State of Florida EXPIRES;Oictobet 21,201 J'"�Fat F,a` 6*0 Thm Budget Notary Services 2 EXHIBIT LEGAL DESCRIPTION THE WEST 20 FEET MEASURED AT PERPENDICULAR DISTANCE FROM THE WEST LINE OF THE FOLLOWING DESCRIBED PARCEL; THE NORTH HALF OF THAT PART OF TRACT 1, LYING WEST OF U.S. HIGHWAY NO. 1, AS CONVEYED IN OFFICIAL RECORD BOOK 145, PAGE 654 AND AS NOW LOCATED, CORRECTION MAP SHOWING SUBDIVISION OF PROPERTY OF HARRY SEEMILLER, SITUATED IN LOTS 36, 1,2 & 3, SECTION 9, TOWNSHIP 46 SOUTH, RNAGE 43 EAST, PALM BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. -2rZ ` 9 Siff TCH OFD-ESICR=ON � Q 1-N f IN A THE T 20 FEET MEASURED AT PERPENDICULAR DISTANCE THE WEST LINE FOLLOWING DESC I E CL THE NORTH HALF OF THAT PART OF TRACT 1, LYING WEST OF .HIGHWAY No.1,AS CONVEYED IN OFFICIAL RECORD BOOK 145 PAGE 664 AND AS NOW LOCATED,C ECTI SHOWING SUBDIVISION OF PROPERTY OF HARRY SEEMILLER,SITUATED IN LOTS 36, 1,2&3,SECTION TOWNSHIP 6 SOUTH, T, PALM BEACH COUNTY,FLORIDA CC I TO THE PLAT THEREOF AS RECORDED IN T BOOK 9, PAGE 72, PUBLIC RECORDS PALM BEACH COUNTY,FLORIDA. CONTAINS 2427.00 FEET THIS IS NOTA SURVEY Renner, Burgess, c. Not valid unless RuNOrization tdumberLB656d sealed with embossed I S.E.4th Ave., Suite 212 surveyors seat Delray Beach, FL 33483 I yhereby 'y that the SKETCH OF DESCRIPTION shown hereon mimum technical standards set forth In Chapter 61G17-6; Phone 561-243-4624 Fis ativ o ursuant to Section 472.027, Florida Fax 243-4869 S West Palm 735-7639 West Palm Fax 735-7641 Ha .Bur es P.L.S.No.5089' w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 1, 2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF JULY 15,2014 ACCEPTANCE OF A RIGHT-OF-WAY DEED/RAINBOW WAREHOUSE BACKGROUND The subject property consists of 0.4812 acre and currently contains a 1,488 sq. ft. single family residence which was constructed in 1947. The applicant proposes to demolish the existing single family residence and construct a new 5,761 sq. ft. storage, warehouse and office building with associated on- site parking and landscaping. Pursuant to LDR Section 5.3.1(13)(2) and Table T-I of the Comprehensive Plan Transportation Element, eighty feet (80') of right-of-way is required for the County Collector (Wallace Drive) - sixty feet (60') of right-of-way is existing. An additional ten feet (10') of right-of-way is required along the west side of Wallace Drive along the subject property frontage. DISCUSSION Accept a right-of-way deed for a 10' right-of-way dedication along the west side of Wallace Drive for Rainbow Warehouse. RECOMMENDATION Advisory/Approving, Board Recommendation: On March 26, 2014, the Site Plan Review and Appearance Board (SPRAB) conditionally approved the associated Class V Site Plan modification request. As a condition of site plan approval, a ten foot (10') right-of-way dedication along the west side of Wallace Drive is required. Staff Recommendation: The Planning & Zoning Department recommends acceptance of the ten foot (10') right-of-way deed for Rainbow Warehouse. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 12, 2014 IT Class V Site Plan for Rainbow Warehouse located at 1402 Wallace Drive to allow demolition of the existing site and construction of a new 5,761 sq. ft. storage warehouse and office building with associated on-site parking and landscaping. GENERAL : Owner/Applicant................_... Captain John LLC Agent.......................................... Burl Gentry, P.E. Location...................................... North of Linton Boulevard, on the west side of Wallace Drive between Georgia Street and Milfred Street Property Size................... .......... 0.4812 acres (20,960 sq. ft.) Existing FLUM........................... CMR (Commerce) POINSETTIA DRI W � Q Proposed FLUM......................... No change W Adjacent FLUM.................North: CMR (Commerce) GEORGIA STREET East: GC (General Commercial) w D Z �......—.._ bi South: CMR (Commerce) > ( Q ......... L.--_...... West: CMR (Commerce) Current Zoning............................ MIC (Mixed Industrial and Commercial) J N � Proposed Zoning........................ No Change z �... � Adjacent Zoning................North: MIC (Mixed Industrial and Commercial) MILFREO STREET East: AC (Automotive Commercial) South: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use................ Single Family Residence Proposed Land Use.................. Warehouse, Storage and Offices L I N T 0 N B L V D. I Water................................... Existing on site W U N Sewer................................... Existing on site a ITEM BEFORE THE BOARD The action before the Board is approval of a Class V Site Plan to demolish an existing dwelling and construct a new 5,761 sq. ft. storage, warehouse and office building with associated on-site parking and new landscaping within the MIC (Mixed Industrial and Commercial) zoning district, pursuant to LDR Section 2.4.5(F). The business is located at 1402 Wallace Drive, which is north of Linton Boulevard, on the west side of Wallace Drive between Georgia Street and Milfred Street. BACKGROUND The proposal involves a 20,960 sq. ft. (0.4812 acre) site containing an existing 1,488 sq. ft. single family residence which was constructed in 1947. The legal description of the subject property is Lot 9 of Platts Acres. On December 11, 2013, the Site Plan Review and Appearance Board (SPRAB) considered a Class V Site Plan development proposal to demolish the existing single family residence and construct a new 5,761 sq. ft. storage, warehouse and office building with associated on-site parking and landscaping. The Board tabled the proposal with the direction that the proposed plans, architectural elevation drawings and color renderings (along with color palette and material samples) should provide a clear depiction of what is proposed in order to ascertain its compatibility with the neighborhood subject to the vision of the Wallace Drive Overlay District. • Color renderings were provided for the Board's consideration at the February 12, 2014 SPRAB meeting. However, additional changes have occurred as a result of further direction and new color renderings have not been provided to reflect these revisions. On February 12, 2014, the Site Plan Review and Appearance Board (SPRAB) reconsidered the Class V Site Plan development proposal. Once again, the Board tabled the proposal with the direction that although the color renderings provided a clearer depiction of how the building would look, further aesthetic improvements needed to be made to the front fagade, in addition to, reconsideration of the how the building is physically situated on the angled lot, and adequate landscape buffering for adjacent properties with existing residential uses. Specifically, the Board offered the following direction: • Provide a roof plan. Although a gable roof is indicated, due to the slanted disposition of the building the roof plane will change to accommodate the slope. This is not currently depicted in the architectural elevations. This has not been provided. • Consider a rectangular building footprint and parking lot layout instead of the current angular proposed building and parking row. This has not been accommodated. • Consider removing loading and vehicle access from the reduced twenty foot (20') drive aisle and relocating it to the rear of the property. This has not been accommodated. • Consider larger shade trees (i.e. Live Oaks) along the perimeter of the property where adjacent residential uses exist. This has not been accommodated. • Label the architectural drawings to include building materials, finish, type of glass and percent transparency (i.e. tint). This is partially addressed. Site,Plan Review and Appear e Board Staff Report: Meeting of 3/26/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 2 • Show the physical location of the downspouts on the architectural elevation drawings and indicate how drainage will be accommodated on-site. This is addressed. • Apply decorative architectural features to the windows along the front fagade and space them more evenly apart. This is addressed. The applicant has made an attempt to address some of the Board's concerns and is here for reconsideration and approval of the Class V Site Plan, Landscape Plan and Architectural Elevations associated with demolition of the existing single family residence and construction of a new 5,761 sq. ft. storage, warehouse and office building with associated on-site parking and landscaping for Rainbow Warehouse. PROJECT DESCRIPTION The development proposal consists of the following: O Construction of a 5,761 sq. ft. industrial building ® Provision of an on-site dumpster enclosure O Provision of six (6) standard parking spaces in the rear 71 Provision of five (5) angled parking spaces in the front O Inclusion of one (1)ADA compliant handicap accessible parking space in front O Installation of a bicycle rack O Installation of associated landscaping 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. LDR Section 4.3.4(K) Development Standards Matrix— Nonresidential Zoning Districts: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Mixed Industrial & Commercial (MIC) zoning district: MIC Min. Lot Min. Min. Lot Min. Lot Min. Max. Lot Min. Min. Min. Min. Max. Size Lot Depth Frontage Open Coverage Front Side Side Rear Building (acres) Width (ft.) (ft.) Space (%) Setback Interior Interior Setback Height (ft.) N (ft.) Setback Setback (ft.) (ft.) -N (ft.) -S Required 0 0 0 0 25 50 25 10 10 10 48 Proposed 0.4812 103.5 191.18 113.70 27.48 35.92 57.5 10 30.5 51.78 25.75 As demonstrated in the chart above, all items are deemed to be in compliance. Site Plan Review and Appea' se Board Staff Report: Meeting of 3/26/14, Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 3 LDR Section 4.6.9 (Parking): Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq, ft. of floor area devoted to such uses and 1 space per 1,000 sq. ft. of floor area devoted to storage and warehouse. For general industrial uses, three (3) spaces per 1,000 sq. ft. are required for office and attendant uses. A 1,000 sq. ft. office space is proposed. Thus, three (3) spaces are required. For storage and warehouse uses, one (1) space per 1,000 sq. ft. is required. A total of 4,761 sq. ft. of combined storage and warehouse use is proposed. Thus, five (5) parking spaces are required. The required parking for this site is a total of eight (8) parking spaces, and a total of eleven (11) on-site spaces have been provided. There will be a three (3) space parking surplus. Thus, this standard has been met. LDR Section 4.6.6(C)(1) Refuse Facilities: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side. The proposed refuse area is located to the rear of the property adjacent to the 5,761 sq. ft. industrial building. Thus, it will not be visible from the public right-of-way. However, a detail of the proposed dumpster enclosure needs to be provided and this a recommended condition of approval. LDR Section 4.6.8(13)(3)(c) Lighting: A photometric plan in compliance with City's avg/min ratio (3:1), min/max ratio (12:1), maximum (12.0 foot candles) and minimum (1.0 foot candle) standards of illumination levels and uniformity for commercial and industrial parking areas has been provided, thus this standard is met. Right-of-Way and Sidewalk 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 right-of-way and the existing right-of-way adjacent to the subject property: Sidewalk Sidewalk Curb & Right-Of- Right-Of- Right-Of- Item Width Width Gutter Way Way Way Considered -Existing- -Proposed- -Existing- -Required- -Existing- Dedication- Wallace Drive N/A 5' No 80' 60' 10' Pursuant to LDR Section 5.3.1(D)(2) and Table T-1 of the Comprehensive Plan Transportation Element, eighty feet (80') of right-of-way is required for the county collector (Wallace Drive). Sixty feet (60') of right-of-way is existing. An additional ten feet (10') of right-of-way is required along the west side of Wallace Drive along the subject property frontage. A ten foot (10') right- of-way dedication has been reflected on the proposed plans. A right of way deed will have to be processed and approved by the City Commission and subsequent recorded with Palm Beach County. This is a condition of approval. Pursuant to LDR Section 6.1.3 (B), a minimum five foot (5) sidewalk is required for commercial areas. No sidewalk exists along Wallace Drive in front of the subject property. However, a five foot (5') sidewalk exists to the north of the subject property along the frontage of the Wallace Site-Plan Review and Appeai_ ..;e Board Staff Report: Meeting of 3/26/14 .Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 4 Dodge property. Construction of a five foot (5') sidewalk along the frontage of the subject property is proposed and shall connect with the existing sidewalk to the north. This is reiterated as a condition of approval. Thus, this standard is met. LDR Section 4.6.9(1))(4)(d): Reduced Two-Way Drive Aisle Widths: Pursuant to LDR Section 4.6.9(D)(3)(b), the minimum two-way drive aisle width shall be twenty- four feet (24') within parking lots. However, LDR Section 4.6.9(D)(4)(d) allows for a twenty foot (20') two-way drive aisle width for short distances when not adjacent to any parking row. Although, the proposed twenty foot (20') drive aisle width is not adjacent to any parking row, it is the only through access way to the rear parking lot and dumpster area. As such, this drive aisle may potentially be blocked by trucks loading and unloading in the two (2) easternmost bays which are graphically depicted on the south elevation with roll down doors. As such, the floor plan depicts the interior loading space which is required. LDR Section 6.1.8 (Undergrounding of Utilities): Pursuant to Section 6.1.8 (Undergrounding of Utilities), utility facilities serving the development (i.e. electric, phone, cable) shall be located underground throughout the development. The utility services for the proposed structure must be placed underground and a note to this effect has been included on the proposed site plan. This is reiterated in a note on the site plan. Thus, this standard is met. Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: 1. Provide a detail of the proposed dumpster enclosure to accompany the site plan. 2. Update the parking data chart on the site plan to. indicate that required parking for office uses is three (3) spaces per 1,000 sq. ft., not four (4) spaces per 1,000 sq. ft. 3. A ten foot (10') right-of-way dedication along Wallace Drive is required. Provide the necessary documentation and processing fee for further processing. This is subject to approval by the City Commission and subsequent recordation with Palm Beach County. 4. Construction of a five foot (5') sidewalk along the frontage of the subject property is proposed and shall connect with the existing sidewalk to the north. Engineering Technical Items: While the revised plans have accommodated most of staff's comments, the outstanding items identified in "Appendix C" of this staff report will need to be addressed prior to site plan certification. 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 Senior Landscape Planner. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification. Site-Plan Review and Appear, e Board Staff Report: Meeting of 3/26/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 5 1. Per LDR 4.6.16(E)(5), all required trees are to be a minimum of sixteen feet (16') in height with a seven foot (7') spread and eight foot (8') of clear trunk. Revise specifications and species if this size cannot be found for the species that is currently being proposed. 2. Per LDR 4.6.16(H)(3)(n), all existing soil within landscape areas adjacent to vehicular use areas is required to be removed (to 30" below grade), inspected and then replaced with a sixty to forty (60/40) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by the Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). A variety of trees, plants and groundcover materials are employed to enhance the development. Amongst the variety of species to be utilized include, but is not limited to: Alexander Palm, Coco Plum, Royal Palm, Silver Buttonwood, Crinum Lily, Firebush Dwarf, Green Island Ficus, Live Oak, Pigeon Plum and St. Augustine Sod. During Board discussion at the SPRAB meeting of February 12, 2014, concerns were express regarding landscape buffering for adjacent properties with existing residential uses. Although these nonconforming residential uses exist, they are currently unoccupied and are anticipated to be demolished and redeveloped as mixed industrial and commercial uses. As such, staff does not feel that the required buffer landscaping is deemed necessary. However, at the Board's discretion, as a condition of approval, the applicant shall provide larger shade trees (i.e. Live Oaks) along the perimeter of the property where adjacent residential uses exist. Based on the above analysis, the Landscape Plan will comply with LDR Section 4.6.16, provided the aforementioned outstanding technical comments are addressed prior to site plan certification. These are attached as conditions of approval. 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: 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. The architectural elevations consist of a single story 5,761 sq. ft. industrial building measuring about twenty-five feet (25) tall. It is noted that the architectural drawings do not correctly calculate the mean roof height and are not referenced directionally. These specifications are required and are attached as conditions of approval. Site Plan Review and Appear e Board Staff Report: Meeting of 3/26/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 6 The applicant has indicated that the building will be an "Ash Gray" color and constructed of prefabricated metal (i.e. steel) with painted stucco on the front fagade. The entry doors and roll down will be "Glossy White". Since the Wallace Drive Overlay District calls for replacement of existing nonconforming uses (i.e. residential) in industrially-zoned districts (MIC), the proposed aesthetics of this building for allowed industrial uses (i.e. storage, warehouse and associated offices) is compatible and harmonious with the surrounding properties. Upon review of the final architectural drawings via addressing the attached condition of approval, the proposed architectural elevations will be deemed compliant. Thus, positive findings can be made with regard to the criteria listed in LDR Section 4.6.18 (E). REQUIRED FINDINGS 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). The subject property has a CMR (Commerce) Future Land Use Map (FLUM) designation and is zoned MIC (Mixed Industrial and Commercial). The MIC zoning is consistent with the CMR land use designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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 A, a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings 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 objectives and policies 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 and complies in terms of soil, topographic,and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is to be redeveloped for industrial use which is appropriate for its MIC (Mixed Industrial and Commercial) zoning designation. The current use of the property is a single family residence which is incompatible with the existing zoning. The new warehouse, storage and office facility will jumpstart development along this section of Wallace Drive which is primarily existing single family residences or vacant land. Site,Plan Review and Appear, .e Board Staff Report: Meeting of 3/26/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 7 WALLACE DRIVE REDEVELOPMENT AREA Future Land Use Element Policy C-1.8: The Wallace Drive Redevelopment Plan includes the area that is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. In areas zoned MIC (Mixed Industrial and Commercial) the goal of the Wallace Drive Redevelopment Plan is to replace all of the existing nonconforming residential uses with light industrial, commercial and office uses. The proposed Rainbow Warehouse will replace an existing nonconforming single family residence with a light industrial, commercial and office use. Thus, this consistency with this policy is confirmed. 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. As described under the Site Plan Analysis section 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. COMPATIBILITY: 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 land uses that are adjacent to the subject property: Zoning Designation: Use: North: Mixed Industrial and Commercial (MIC) Parkin Lot/Vehicle Storage South: Mixed Industrial and Commercial (MIC) Multi-Family Duplex Residence East. AC (Automotive Commercial) Wallace Dodge Dealership West: Mixed Industrial and Commercial (MIC) Vacant/Single Family Residence The proposed warehouse, storage and office building is compatible with the existing MIC (Mixed Industrial and Commercial) zoning. Existing uses to the south (multi-family residential) and west (single family residential) are incompatible with the current zoning. There are no compatibility concerns with the existing automotive dealership (Wallace Dodge) to the west and their associated outdoor storage of vehicles in the parking lot abutting the subject property immediately to the north. Approval of this Class V Site Plan application for Rainbow Warehouse will not have a detrimental effect upon the stability of the neighborhood within which it is located. Likewise, it will not hinder development or redevelopment of nearby properties. Thus, positive findings can be made with respect to LDR Section 2.4.5(F) and Chapter 3 (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan. Site Plan Review and Appeal .e Board Staff Report: Meeting of 3/26114 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 8 REVIEW BY OTHERS The development proposal is not located within a geographical area requiring review by the PGMS (Pineapple Grove Main Street), WARC (West Atlantic Development Coalition), HPB (Historic Preservation Board), CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: • Delray Citizens Coalition Public Notices: No public notice is required for Class V Site Plan applications. Letters of objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION The proposed Class V Site Plan request involves demolition of the existing dwelling and construction of a new 5,761 sq. ft. storage, warehouse and office building with associated on- site parking and landscaping located at 1402 Wallace Drive. The plans indicate construction of a five foot (6) sidewalk in the adjacent right-of-way along Wallace Drive, as well as, a ten foot (10') right-of-way dedication. The project meets all of the minimum LDR requirements for open space and lot coverage. The proposed development will be more compatible with the MIC (Mixed Industrial and Commercial) Zoning than the existing nonconforming single family residential use. Upon addressing the conditions of approval contained within the staff report, the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations and positive findings can be made. Approval of this Class V Site Plan will not have a detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. In fact, it may spark future development of industrial and commercial uses in place of adjacent single family residential uses, along the Wallace Drive corridor. However, given the fact that a number of items directed by the Board at the February 12, 2014 SPRAB meeting have not been addressed, the best effort to reflect the changes deemed necessary to present a more ideal site plan layout with exceptional architectural elevations and landscaping has not been made. As such, staff defers approval of the Class V Site Plan development proposal to the Board's discretion but has offered a list of conditions in "Appendix D" should the Board elect to grant approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Class V Site Plan, Landscape Plan and Architectural Elevations to establish a 13,923 sq. ft. auto body, paint and repair shop for Rainbow Warehouse located at 1402 Wallace Drive, 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), 4.6.16, 4.6.18 and 3.1.1 (Required Findings) of the Land Development Regulations, subject to the conditions identified in "Appendix D". Site.Plan Review and Appeai e Board Staff Report: Meeting of 3126114 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 9 C. Move denial of the Class V Site Plan, Landscape Plan and Architectural Elevations to establish a 13,923 sq. ft. auto body, paint and repair shop for Rainbow Warehouse located at 1402 Wallace Drive, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F), 4.6.16, 4.6.18 and 3.1.1 (Required Findings) of the Land Development Regulations. RECOMMENDED ACTION Board's Discretion. Staff Report Prepared By: Candi N.Jefferson, Senior Planner Attachments: Location Map Boundary Survey Site Plan Landscape Plan Architectural Elevations Photometric Plan Itemized Responses to SPRAB Site Plan Review and Appeai e Board Staff Report: Meeting of 3/26/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 10 APPENDIX "A19 CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(6), 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 service is existing on-site • Sewer service is existing on-site 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 Palm Beach County Traffic Division has indicated that the development proposal meets the minimum required standards. 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 existing single family residential use (1,488 sq. ft.) generates 1.99 tons of solid waste per year. The proposed industrial use (5,761 sq. ft.) will generate 14.97 tons of solid waste per year. This results in an increase of 12.98 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. 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 on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. Site.Plan Review and Appear e Board Staff Report: Meeting of 3126/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 11 APPENDIX "B99 STANDARDS FOR SITE ' PLA 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 I 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 I X Meets intent of standard Does not meet intent Site..Plan Review and Appeai e Board Staff Report: Meeting of 3/26/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 12 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 I X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall 'be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent Site Plan Review and Appear e Board Staff Report: Meeting of 3/26/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 13 APPENDIX 66099 PRELIMINARY E GINEE I TECHNICAL COMMENTS 1. 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 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. 2. Provide existing elevations on existing roadway including edge of pavement and center line. 3. Indicate water meter will be relocated to customer side of property line. 4. Clearly label sanitary sewer cleanout and service lines, whether existing or proposed. 5. Indicate sidewalk being constructed through driveway. 6. Clearly dimension driveway width on Engineering Plans. The point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as part of the Site Plan Approval per LDR Section 4.6.9 (D) (3) and 6.1.4 (C). 7. 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. 8. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water ug ality and uq antity 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. 9. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3). 10. Additional comments may follow after review of revised plans. 11. Final Engineering comments will be addressed after submittal of Final Engineering Plans for the Building Permit. Site Plan Review and Appear e Board Staff Report: Meeting of 3/26/14 Class V Site Plan for Rainbow Warehouse at 1402 Wallace Drive Page 14 APPENDIX "D99 STAFF RECOMMENDED CONDITIONS OF APPROVAL Site Plan Move approval of the Class V Site Plan for Rainbow Warehouse, 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) and 3.1.1. (Required Findings) of the Land Development Regulations, subject to conditions: 1. Provide a detail of the proposed dumpster enclosure to accompany the site plan. 2. Update the parking data chart on the site plan to indicate that required parking for office uses is three (3) spaces per 1,000 sq.ft., not four(4)spaces per 1,000 sq.ft. 3. A ten foot (10') right-of-way dedication along Wallace Drive is required. Provide the necessary documentation and processing fee for further processing. This is subject to approval by the City Commission and subsequent recordation with Palm Beach County. 4. Construction of a five foot (5') sidewalk along the frontage of the subject property is proposed and shall connect with the existing sidewalk to the north. 5. Address the Preliminary Engineering Technical Comments identified in the attached"Appendix C". Landscape Plan Move approval of the landscape plan for Rainbow Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Section 4.6.16 of the Land Development Regulations,subject to the following conditions: 1. Per LDR 4.6.16(E)(5), all required trees are to be a minimum of sixteen feet(16')in height with a seven foot (T)spread and eight foot(8')of clear trunk. Revise specifications and species if this size cannot be found for the species that is currently being proposed. 2. Per LDR 4.6.16(1-1)(3)(n), all existing soil within landscape areas adjacent to vehicular use areas is required to be removed (to 30" below grade), inspected and then replaced with a sixty to forty (60/40) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by the Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(1-1)(3)(n). 3. Provide larger shade trees (i.e. Live Oaks) along the perimeter of the property where adjacent residential uses exist. Architectural Elevations Move approval of the architectural elevations for Rainbow Warehouse, 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,subject to the following conditions: 1. Pursuant to LDR Section 4.3.4 (J), building height is calculated from grade to the mean level between tie beams and ridge for gable, hip or gambrel roofs, not the top of the chimney, roof or beam. Calculate building height accordingly and graphically depict correct building height on all four (4) architectural elevations.The west elevation is not correctly calculated. 2. The architectural elevations drawings are not labeled. Please do so(i.e. north, south, east and/or west). 3. Provide a roof plan. Although a gable roof is indicated, due to the slanted disposition of the building the roof plane will change to accommodate the slope. This is not currently depicted in the architectural elevations. 4. Label the architectural drawings to include type of glass and percent transparency(i.e.tint). (33ENTRY ENGINEERING AND LAND SURVEYING . P.O. BOX 83-2101 DELRAY BEACH, FLORIDA 33483 PHONE: (561) 302 9983 MEMBER SERVING SOUTH FLORIDA AMERICAN SOCIETY OF CIVIL ENGINEERS SINCE 1975 PLANNING AND ZONING DEPARTMENT Monday,March 17,2014 Delray Beach,Florida Re: Rainbow Warehouse ( SPRAB Meeting comments and responses) Attn: Candi Jefferson - Senior Planner Dear Candi, As promised I am providing the response you requested to the SPRAB comments, at the most recent meeting, as follows; 1. SPRAB wanted Vehicles that pulled into the building to load or unload,to be able to drive thru the building and not have to back out onto the 20' drive on the South side of the building. - I have moved the most Westerly overhead door to theWest Side of the Building as suggested by SPRAB to allow the vehicles to drive thru the Building and not back out onto the 20' drive, as requested. 2. SPRAB wanted to see the Rain Gutters and Down Spouts on the Building Elevations. - I have added the Rain Gutters and Down Spouts on each Building Elevation, as requested. 3. SPRAB wanted to have the Windows on the East Elevation to be equally spaced. -As you know the Building owner originally wanted a second row of windows on the East Elevations which required vertical columns for support and the first row of windows had to line up with these columns. Since the building owner has eliminated the second row of windows, I was able to adjust the first row of windows to space each one equally, as requested. 4. SPRAB wanted additional notes to indicate all of the un-named and duplicated areas of the building including Doors, Windows, and other areas of the drawings. -I added duplicate names and added additional notes to all of the Elevations as requested. 5. SPRAB wanted to see the location of the A/C Condenser Concrete Pad. -I have indicated the 4'x 4' concrete A/C pad on the North side on the Building together with the Landscape screening as requested, on each plan. 6. SPRAB wanted additional Trees,to screen the new Building from the residential property to the South and West. - The kgilding owner has added additional Trees to screen the new building from the Residential properties on the South and West sides, as requested. 7. SPRAB wanted additional building enhancements to be added. -The Building owner has added significant enhancements to the building including new banding on the front and rear of the building around the borders, and all around the windows and all of the doors. He has also added some very attractive arches over the front windows to enhance.the building and to satisfy the SPRAB request. If you have any questions or need additional information,please contact me. 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Q z w¢?3 ° aF�z3 u� �z w?£i.i4 a W Jz J� J �°f]J VSiJ JZ QNK 3W zW �3¢°a ryw y¢wN ° i O JW 6W WK J K°£.J-�yFx-O Ir- Za' H>UN�VI SQp 4��WZ N Ww Qty Z z 2 U2'ZwQ� 6a.N. W U2 W.MOp .. Z6 �6 'rN MJ U o WK W JQ4 viw JW�, ni ° wow r Z p w z¢¢¢Qmw zW¢ z_vxi (U (7V W� U hZ 6R� Gz w. F-3 mwa =W N J Q r Q cW >33 °v,o W°W zwqc Qa f r mz xz¢ Ara ua z3J tir ¢ o 3zaQ ¢r �f wQ 3� z zaza rw ¢°¢ wx cra a.. 3Q a n¢ wa J w W < u � J ZW L.QZp vi2� z£aa� r3 wr��v x¢p ¢zi..Qr vaioJ uQna ¢ate I 0 �w3 � a K ° � w £noi3 3w�3 ,08'S2 �wwa °v,wc Q ¢ A ZW°'F+ �QJQ a oc z �p o owe waaaa- �fai,�a n. ti°c+rW op ozm3 w^ wi° z��z Sw 3' c tt J �zzd zu ,OB'S2 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office MAY Q zo�4 200 N.W. 1st Avenue Delray Beach, Florida 33444°° PLANNING&270t lry(:` RIGHT-OF-WAY DEED THIS INDENTURE made this_29 day of_April 2014, between with a mailing address of Lc✓4 u,i3ti W-IQ>; i��i, � -, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH : That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit"A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no binding or effect any other kind of construction or improvements upon the above-described property. 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 right-of-way and that the same is unencumbered. Where the context of this R ght-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. 4Signed,, seal d and delivere PARTY 70ET- E FIRST PART rose ce of: j3y: FIV& j eA (Name printed or typed) (Name p ' ted or typed) A,� A , C/ - - (Name printed or typed) STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this `f 'day of :V C' , 20 , by h H-A-) :3676--/ who is personally known to me or has produced as identification. (SEAL) Si ure of Notary Public - Stag, f Florida ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk - Cary Glickstein, Mayor JEROME O KRECWER,JR Approved as to Legal Form: �f ° MY COMMISSION#EED31649 EXPIRES:OCT 03,2014 Hun�eG tfirauh t st State Insurance City Attorney 2 Exhibit "A" Legal Description: Easterly 10 feet of Lot 9, Platt's Acres, as measured parallel to the existing Right Of Way line of Germantown Road (Wallace Drive), a subdivision as recorded in Plat Book 61, Page 47, in the public records of Palm Beach County, Florida. T ¢ 3 CT 1 err 3. Z w LO mr 0 ST cn SW N 4 N;:ri ? ST N St UB " J� RK > it Cr N Q Q Q W 3 SE 5 J �,w _4 . 913 11) a m m� BURN R E O ST sT N SE 6 S a 10 3 ELaL CA AUGUR 'a TRA SW PA SW s ST CE .. RD C S co > A W � 0 T MAR D R J�4Ri0AC C �ATE� r cn to W 7Q ST SE ST tq RD ST JQ' _ , W 7 ST a y > > SWi. 8 ~ C3 o BA NIA f CH ST dvR iray; 3 3 SW 8 ST I D SW 7 CT ,1 cn e� a s a ST r AZAATLE RD i > Q N. $SC111 8 CT SW '`' 8 CT N Cl) v e RD w a s ST Ce m a ISE 9 ST w e SW 9 ST q ysTYarCht' e� 3 Q Q Q 1- d i�!:..4 �/1 SW 9 CT 3 W W W LU L 9 _ Basm ',H IS US T r ILt[ RD - N N � M N � ST S 0 H T W t > ❑ n hii a SUN f� " P SE IA Q r' ROYAL g > N Q 09 3' Z 4Q G PA a fm I 13 RD C 6heiwoo w PALM 3 x a SW 11 �T;.,,,,to REIGLE A WIL ON AVE Delra p LEW11 Z p `R Shop in }' UNNY DR o ST `O> STERLING AVE E RALAV arbor 1 COVE Q cc Shopping ORES Pol E �, Rl OOD ----- uq Center O G SO HRIDGE RD COL [NS - HARBOR IU .A;6 W T -j K ' DR J HT SE 12 A� DR. . EACH wF GEO GIA J P S THRIDGE -A�- ARBOUgSIDI a C, N P l + ITE bR 0 Z STS BESSIE �� O� R he Plaza EXOTIC DR:.: S ES dtltic F w w Q SITE m gJ O V��� r a[ BANYON RHODES VILLA a Lintn 14 ED > STS ��� P, Delray EE S u, Shopping I ME" PB I�oESS °so��'` ti���e , �, , Har "ADR Cen(er BENJAMIN AV pl 1 BLVD - R ROIJ TON w ---= --- -----a ------ 1 Limon-----' I i i MCCLEARY ST DeP q Delray �, ,- International, ostcol Del, azb affidur � 6 V ERS �� /C �ndustrl -- EL HAR UR --- o Crossing. IG Shop Ctrl LAKPP:X c------' Parr = i C[r l EVE-..._ ..ST_. DR DR -a APT THE � L . W F- `f Tf2DPlC- ELVQ a t tv' X _-. 'RING h �--- � b Itati0. F BOLENDER DR BERMUDA i --- ---- VRET - �Cil�._� GARDENS C CL <iy I = ALLAMAFDA* DR RD Z �F<< DELEtAI� TOWN '�I `n - -- Q RACQUET"z O --1 BANYAN...._...� a In m<L CLUB W �,� t .; ,fie,ray CYPRESS O Q y 1tKy ' Z9 DOTTEREL uuV _ DOGWOOD nw v 3 Location/Boundary Map (For Geographic Reference): _ 1402 WALLACE DRIVE DELRAY BEACH, PALM BEACH COUNTY, FLORIDA w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 2, 2014 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF JULY 15,2014 FINAL SUBDIVISION PLAT APPROVAL/UPTOWN DELRAY BACKGROUND The subject property comprises a 2.12 acre site consisting of four parcels. The property contains an office building at the northwest corner of SE 5th Avenue and SE 2nd Street that was built in 1947 and a parking lot on the east side of SE 4th Avenue that was constructed for the Bellsouth Telecommunication building (now AT&T) across the street. There are also two vacant lots located north of the office building. At its meeting of October 15, 2013, the City Commission approved a conditional use for the subject property to allow a density increase above 30 dwelling units per acre (69.52 du/ac). On November 13, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers to construct a mixed-use development consisting of two 5-story buildings. The commercial component, located on the ground floor of the development, consists of 3,529 square feet of retail/office. The residential portion of the development includes 146 dwelling units comprised of 24 efficiency units; 40 one-bedroom units; and 82 two-bedroom units. A 3- level parking garage, which includes additional parking set aside for use by the adjacent AT&T property, will be constructed along the west side of the property on SE 4th Avenue. DISCUSSION The subdivision is a replat of Lots 4 through 10, a portion of Lots 17 through 20, and a portion of the adjacent 16' wide alley, Block 102 of the Town of Linton (Now Delray Beach), as recorded in Plat Book 1, Page 3 of the public records of Palm Beach County, Florida on March 25, 1910. The replat will subdivide the subject property into four (4) tracts. Tract "A", the development parcel, will contain the mixed-use buildings and parking facilities for the new project. Tract "Z-1" is a dedication of 2 feet of additional right-of-way for the north portion of the existing north-south alley. Tracts "Z-2" and"Z-3" are dedications of corner-clips at both corners of the property on SE 2nd Street. The southern portion of the existing 16' north-south alley, located midway between SE 4th Avenue and SE 5th Avenue, is being abandoned by this plat to allow for elevated pedestrian bridges that span the alley to connect the east and west portions of the project. A 20' public access easement will be provided over the abandoned 16' alley right-of-way with an additional 2' on each side to maintain public access through the property; and a 20' General Utility Easement will be provided over the same area to accommodate existing utilities in the alley. The Planning and Zoning Board reviewed an application for abandonment of the alley on May 20, 2013 and recommended approval. To protect the City's interest in the abandoned alley right-of-way, a Right-Of-Way Deed Agreement will be executed by the developer prior to recording of the plat to allow the City to record a deed conveying the right-of-way back to the City if the Uptown Delray project is not constructed. City Commission's acceptance of this agreement is also being considered at this meeting. The plat includes six foot wide drainage easements along SE 2nd Street, SE 4th Avenue and the abandoned alley which will accommodate an exfiltration system. Three foot sidewalk easements on the north side of SE 2nd Street and the east side of SE 4th Avenue are being dedicated to allow expansion of the existing 5' sidewalk to 8'. A four foot sidewalk easement is being provided along the west side of Federal Highway (SE 5th Avenue) to provide a minimum 10 foot wide sidewalk area between the building and landscape planters being constructed by the developer on Federal Highway. A 12' x 33.25' general utility easement is being dedicated on the east side of the alley to accommodate the two FPL transformers and electrical distribution cabinet for the project. An additional FPL transformer is located within a general utility easement at the northeast corner of the project. Three water and six sewer easements are being dedicated to provide connection points for water and sewer service. Three additional connection points for sewer service will be accommodated within a general utility easement located on the west side of the north-south alley. City staff has reviewed the plat and determined that all technical comments have been satisfied. 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 Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations can be made. It is also noted that a complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. REVIEW BY OTHERS On March 17, 2014, the plat was reviewed by the Planning and Zoning Board and the Board recommended approval (7-0). A full analysis of the proposed plat, including the required findings, is provided in the attached Planning and Zoning Board staff report. Courtesy Notices have been provided to the following groups and neighborhood associations: •Neighborhood Advisory Council • Delray Citizen's Coalition • Chamber of Commerce The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Move approval of the Final Plat for Uptown Delray, 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 criteria set forth in Section 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 17, 2014 ITEM: Uptown Delray Plat — a plat to accommodate a Mixed Use Project That Contains 146 Dwelling Units and 3,529 Square Feet of Retail/Office Floor Area. GENERAL DATA: Applicant................... NCC Uptown, LLC N ST Agent............................ Weiner, Lynne & Thompson, P.A. 0 0 Location........................ Between SE 4t" Avenue and SE 5t" Avenue r } N on the north side of SE 2nd Street. ��� A T L A N T I A V E N U E >� C Property Size................ 2.12 Acres Future Land Use Map... CC (Commercial Core) Current Zoning.............. CBD (Central Business District) Adjacent Zoning..North: CBD S.E ,ST ST. East: CBD South: CBD & RM (Multiple Family Residential) West: CBD w YLI- Existing Land Use......... Office Building, AT&T parking lot, S.F- 2ND L ST. and two vacant lots Proposed Land Use...... Construction of a mixed use development with 146 dwelling units and 3,529 square feet of retail/office I floor area. S.E 57. 0 Z Water Service............... Water service will be provided via service lateral connections to existing O water mains on SE 4t" Ave. and SE W ,, ° Z ff2nd Street. N 4TH ST. Sewer Service............... Sewer service will be provided via m nine service lateral connections to an existing sanitary sewer main along 5TH ST alley and new sanitary sewer main to N be located in SE 4t" Avenue. V-1 < s IL ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new multiple-family residential development being platted as Uptown Delray. The subject property is located between SE 4th Avenue and SE 5th Avenue, along the north side of SE 2nd Street. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The subject property, which is zoned CBD (Central Business District), comprises a 2.12 acre site consisting three parcels. The property contains an office building at the northwest corner of SE 51h Avenue and SE 2nd Street that was built in 1947, and a parking lot on the east side of SE 4th Avenue that was constructed for the Bellsouth Telecommunication building (now AT&T) across the street. There are also two vacant lots located north of the office building. At its meeting of October 15, 2013, the City Commission approved a conditional use for the subject property to allow a density increase above 30 dwelling units per acre (69.52 du/ac). On November 13, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers to construct a mixed-use development consisting of two 5-story buildings. The commercial component, located on the ground floor of the development, consists of 3,529 square feet of retail/office. The residential portion of the development includes 146 dwelling units comprised of 24 efficiency units; 40 one- bedroom units; and 82 two-bedroom units. A 3-level parking garage, which includes additional parking set aside for use by the adjacent AT&T property, will be constructed along the west side of the property on SE 4th Avenue. PLAT DESCRIPTION The subdivision is a replat of Lots 4 through 10, a portion of Lots 17 through 20, and a portion of the adjacent 16' wide alley, Block 102 of the Town of Linton (Now Delray Beach), as recorded in Plat Book 1, Page 3 of the public records of Palm Beach County, Florida on March 25, 1910. The replat will subdivide the subject property into four (4) tracts. Tract "A", the development parcel, will contain the mixed-use buildings and parking facilities for the new project. Tract "Z-1" is a dedication of 2 feet of additional right-of-way for the north portion of the existing north-south alley. Tracts "Z-2" and "Z-3" are dedications of corner-clips at both corners of the property on SE 2nd Street. The southern portion of the existing 16' north-south alley, located midway between SE 4th Avenue and SE 5th Avenue, is being abandoned by this plat to allow for elevated pedestrian bridges that span the alley to connect the east and west portions of the project. A 20' public access easement will be provided over the abandoned 16' alley right-of-way with an additional 2' on each side to maintain public access through the property; and a 20' General Utility Easement will be provided over the same area to accommodate existing utilities in the alley. The Planning and Zoning Board reviewed an application for abandonment of the alley on May 20, 2013 and recommended approval. To protect the City's interest in the abandoned alley right- of-way, should the Uptown Delray project not be constructed, a Right-Of-Way Deed Agreement P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 2 will be executed by the developer to allow the City to record a deed conveying the right-of-way back to the City. The plat includes six foot drainage easements which will accommodate an exfiltration system along SE 2nd Street, SE 4t" Avenue and the abandoned alley. Three foot sidewalk easements on the north side of SE 2nd Street and the east side of SE 4t" Avenue are being dedicated to allow expansion of the 5' sidewalk to 8'. A four foot sidewalk easement is being provided along the west side of Federal Highway (SE 5t" Avenue) to provide a minimum 10 foot wide sidewalk area between the building and landscape planters being constructed by the developer on Federal Highway. A 12' x 33.25' General Utility Easement is being dedicated on the east side of the alley to accommodate the FPL transformer for the project and three water and nine sewer easements are being dedicated to provide connection points for water and sewer service. PLAT ANALYSIS 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. 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 CC (Commercial Core) and is zoned CBD (Central Business District). Since the CBD zoning district is consistent with the CC Future Land Use Map designation, positive findings can be made with respect to consistency with the Future Land Use Map. 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: Water and Sewer: Water service will be provided via service lateral connections to an existing 8" water main along SE 4t" Avenue and an existing 6" water main along SE 2nd Street. Sewer service will be provided via seven service lateral connections to an existing 8" sanitary sewer main along the alley and two service lateral connections to a new 8" sanitary sewer main to be located in SE 4t" Avenue. Fire protection will be provided via: 1) a new fire hydrant located on the north side of SE 2nd Street, west of Federal Highway; 2) an existing fire hydrant located at the northeast corner of SE 2nd Street and SE 4t" Avenue; 3) two new fire hydrants along the east side of SE 4t" Avenue; and 4) stand pipes that provide fire suppression service to the interior of the upper floors. 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 P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 3 build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The preliminary engineering plans indicate that drainage will be accommodated on- site via exfiltration trenches. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The traffic statement was reviewed by the Palm Beach County Traffic Engineering Division, which determined that the mixed-use development meets the Traffic Performance Standards of Palm Beach County. Thus, a positive finding can be made with respect to traffic concurrency. Per LDR Section 2.4.3(E)(3), a land use application which will add use area or establish a new use that will result in the addition on the premises of more than 50 employees located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a program to implement employer-based TDM (Transportation Demand Management) activities. These activities may include, but are not limited to, ride sharing, van pooling, and flexible work hours. The 3,529 square feet of retail/office floor area will not generate more than 50 employees. Thus provision of an employer-based TDM is not applicable to the proposed development. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of$73,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 146 dwelling units will generate 75.92 tons of solid waste per year (146 units x 0.52 tons = 75.92 tons). The 3,529 square feet of retail/office floor area will generate 18.0 tons of solid waste per year (3,529 sq. ft. x 10.2 lbs. / 2,000 = 18.0 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Schools: Verification from the Palm Beach County School District regarding school concurrency has been received. 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. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 4.3.4(K) (Development Standards Matrix): P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 4 Open space, building setbacks (subject to CBD design guidelines) and building height were addressed with approval of the site plan for the project. • LDR Section 5.1.3(A) (Plat Required): A plat is required for the project. The property will be subdivided into one development tract and three dedication tracts for additional right-of-way for the north portion of the adjacent alley and corner clips on SE 2nd Street. • LDR Section 5.3.1 (A) (Right-of-Way Dedication): Two feet of additional right-of-way for the northern portion of the north-south alley and corner-clips at both corners of the property on SE 2nd Street are being dedicated by this plat. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix"C". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Chamber of Commerce Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 5 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Uptown Delray, 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 criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Uptown Delray, 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 criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Aerial Map • Plat • Survey P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 6 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 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 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 P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 7 F. 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 Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: 1. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 2. Show electrical line routing on the Composite Overlay Plan. Indicate where it will be underground. 3. Revise GUE dedication language to state City would be responsible for sanitary sewer line. 4. The corner clips on SW 2nd Street should be a minimum of 20' on the sides per Site Plan Approval. P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 9 APPENDIX - C COMPREHENSIVE PLAN POLICIES 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 mixed-use (residential and retail) development. The surrounding uses are office to the north; vacant automotive/single family residential to the south; multiple family/office/printing to the east; and the AT&T building to the west. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis, which in turn will provide economic stability and be a catalyst for growth in the downtown area. Future Land Use Element Objective C-3: The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C-3.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ❑ Deletion of inappropriate uses; ❑ Incentives for locating retail on the ground floor with office and residential use on upper floors; ❑ Accommodating parking needs through innovative actions; ❑ Incentives for dinner theaters, playhouses, and other family oriented activities; ❑ Allowing and facilitating outdoor cafes; ❑ Incentives for mixed use development and rehabilitation; ❑ Elimination of side yard setback requirements; and ❑ Allow structural overhang encroachments into required yard areas. The intent of the CBD district regulations are to facilitate the development of the downtown with a mix of uses, which include pedestrian-oriented retail/restaurant activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors. The proposed development substantially fulfills the objective of the CBD zoning district to encourage the revitalization of the downtown area to improve the reputation of Delray Beach as "A City Set Apart In South Florida." The proposed development will result in the elimination of a vacant parcel along Federal Highway, which is inconsistent with a vibrant downtown. The residents of the 146 dwelling units will infuse a new vigor to this particular area of the downtown. These residents will be woven into the fabric of the downtown where they will be within walking distance of shops, restaurants, employment opportunities, parks, beaches, and cultural events. The development proposal is consistent with Future Land Use Element Policy C-3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. 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 P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 10 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. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road network and the location of a Palm Tran bus stop one block to the south of the subject property, the developer will contribute funds in lieu of bus shelter installation. With this contribution, the development will comply with Transportation Element Policy A-1.5. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides several bicycle racks throughout the property. Further, the development provides for bicycle storage lockers within the development. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A-3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of 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. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. The proposed recreational facilities consist of a pool, gymnasium, and cyber cafe. Some of the recreational, cultural and open space opportunities located in proximity to the Uptown Delray development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, 505 Teen Center, and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons) and other facilities that can be utilized by children, such as the pool, have been provided, the intent of this policy will be substantially met. Based on the above a positive finding can be made. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 11 While this development will not be restricted to occupancy by adults only, it is acknowledged that dwellings in downtown Delray Beach are not typically occupied by families with children. The proposed development will primarily accommodate young and middle-aged professionals. The development will provide the following unit mix: 24 efficiency units, 40 one-bedroom units, and 82 two-bedroom units. Of these 146 dwelling units, the proposed development provides 26 different floor plans including two-story units. There are several examples where the City has waived the requirement to provide 3 and 4 bedroom units such as the two recently approved SOFA projects. Since this requirement is waived given its downtown location, the project complies with Housing Element Policy B-2.2. Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. 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A 0 -1 Aa Cj o ci C�q t LIC to z T T x T 1-14 �ft ID d) q E :,4 <— U u � z z z 2 I nnnnA < I A Es-i 3 5 C54 �z 0 sil-401/C[9f[z U 0 E-,j m in m A if LN I it ta HIM ,r IF,6c Ai ILI c OZ Q 0 4 1 CA N N N C-I 0 NZ- S b3 Rau w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 2, 2014 SUBJECT: AGENDA ITEM 8.D.1 -REGULAR COMMISSION MEETING OF JULY 15,2014 ACCEPTANCE OF A RIGHT-OF-WAY DEED BACKGROUND This Right-of-Way Deed agreement is associated with the plat for Uptown Delray, which has been included as a separate item on this agenda. DISCUSSION The Uptown Delray plat includes the abandonment of a portion of the 16' wide north-south alley in the center of the Block. Prior to recordation of the plat, the attached Right-of-Way Deed Agreement must be executed by the Developer. Under the Agreement, the Right-of-Way Deed for the abandoned portion of the alley will be held in escrow by the City. The City shall have the right to record the Right-of-Way Deed in the Public Records of Palm Beach County, Florida upon expiration of the approved site plan for the project. The Agreement will terminate upon vesting of the project (the project is constructed). REVIEW BY OTHERS On March 17, 2014, the plat was reviewed by the Planning and Zoning Board and the Board recommended approval (7-0). Execution of a Right-of-Way Deed Agreement for the abandoned alley was included as a requirement of the plat. A full analysis of the proposed plat, including the required findings, is provided in the attached Planning and Zoning Board staff report. RECOMMENDATION Planning and Zoning Staff recommends approval. Prepared by and Return to: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED AGREEMENT THIS RIGHT-OF-WAY DEED AGREEMENT, made this day of , 2014, by and between MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC, a Delaware limited liability company with a mailing address of 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY"): WHEREAS, OWNER seeks to develop the project known as "Uptown Delray" (the "Project") within the CITY, upon the lands more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property"); and WHEREAS, CITY approved the replat of the Property (the "Replat") on the day of_ 2014; and WHEREAS, the Replat caused the abandonment of a public alleyway (the "Abandonment") necessary to effectuate the approved site plan of the Project; and WHEREAS, OWNER publicly rededicated via the Replat an access/utility easement over the same lands comprising the former public alleyway, a true and correct sketch and legal description of which is attached hereto as Exhibit"B"; and WHEREAS, as a condition of CITY's approval of the Replat and the Abandonment, CITY has required OWNER to enter into this Right-of-Way Deed Agreement (the "Agreement"), granting back to CITY a deed conveying the lands comprising the same public alleyway as further described in Exhibit "B" back to CITY should the Project not be developed. NOW THEREFORE, in consideration of$10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. OWNER shall execute and CITY shall hold in escrow the Right-of-Way Deed attached hereto as Exhibit "C", concurrent with the execution of this Agreement. 2. CITY shall have the right, at its election, to record the Right-of-Way Deed in the Public Records of Palm Beach County, Florida, only upon expiration of the approved site plan for the Project, which shall be no earlier than twenty-four (24) months from the date of site plan approval, unless such time period is extended pursuant to LDR Section 2.4.4(F). This Right-of-Way Deed Agreement Page 2 of 3 Agreement and the option of CITY to record the Right-of-Way Deed in the Public Records of Palm Beach County, Florida, shall otherwise terminate and forever expire upon the vesting of the Project pursuant to the LDR Section 2.4.4(D). 3. The parties further agree the rights and obligations granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the Property described in Exhibit "A". 4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of which is hereby acknowledged, OWNER shall and hereby agrees to indemnify, defend, and hold the CITY harmless from and against any and all judgments, damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable attorneys' fees and costs, incurred as a result of any action brought by a third-party seeking to void the approval of this Agreement. CITY agrees OWNER shall have the right to separately intervene on its own behalf in any such action at its own cost and expense. OWNER further consents to any action taken by CITY in strict compliance of any order issued by any court of law relating to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Right-of-Way Deed Agreement as of the day and year first above written. OWNER: MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC, a Delaware limited liability company By: STATE OF TEXAS James J. McGinley III, Senior Vice President COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014 by James J. McGinley III as Senior Vice President of MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC, who is personally known to me or who has produced as identification, Signature of Notary Public State of Texas Right-of-Way Deed Agreement Page 3 of 3 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City CIerk CARY GLICKSTEIN, MAYOR Approved as to Form: City Attorney EXHIBIT "A" LOTS 4 THROUGH 10, AND 17 THROUGH 20, BLOCK 102, "MAP OF THE TOWN OF LINTON, FLORIDA (NOW DELRAY BEACH)", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 10.00 FEET OF SAID LOTS 17 THROUGH 20. TOGETHER WITH: THAT PORTION OF THE 16.00 FOOT WIDE ALLEY RIGHT-OF-WAY ADJACENT TO LOTS 7 THROUGH 10 AND LOTS 17 THROUGH 20 IN BLOCK 102, SHOWN ON "MAP OF THE TOWN OF LINTON, FLORIDA (NOW DELRAY BEACH)", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 17. BOUNDED ON THE EAST BY THE WEST LINE OF SAID LOTS 17 THROUGH 20. BOUNDED ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20. BOUNDED ON THE WEST BY THE EAST LINE OF SAID LOTS 7 THROUGH 10. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 2.121 ACRES, MORE OR LESS. EXHIBIT "B" v M- rt= V 949A Clint Moore Road SURVEYING & MAPPING Tel:(561)241-9988 Baca Ratan,Florida 33487 Certificate of Authorization No,LB7264 Fax:(561)241182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) UPTOWN DELRAY - 16' ALLEY R/W ABANDONMENT LEGAL DESCRIPTION THAT PORTION OF THE 16.00 FOOT WIDE ALLEY RIGHT-OF-WAY ADJACENT TO LOTS 7 THROUGH 10 AND LOTS 17 THROUGH 20 IN BLOCK 102, SHOWN ON ''MAP OF THE TOWN OF LINTON, FLORIDA (NOW DELRAY BEACH)" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PACE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 17. BOUNDED ON THE EAST BY THE WEST LINE OF SAID LOTS 17 THROUGH 20. BOUNDED ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20. BOUNDED ON THE WEST BY THE EAST LINE OF SAID LOTS 7 THROUGH 10. SAID LANDS SITUATE 1N THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 3,919 SQUARE FEET (0.090 ACRES), MORE OR LESS, NOTES ABBREVIATIONS 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL L = ARCLENGTH OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CONC. CONCRETE 2. EASEMENTS AND RESTRICTIONS REFLECTED IN TITLE poR. - DELTAR(CENTRAL ANGLE) COMMITMENT NUMBER 164-004, AS PREPARED BY FIRST D.E. DRAINAGE EASEMENT AMERICAN TITLE INSURANCE COMPANY, EFFECTIVE DATE I.R. IRON ROD JULY 09, 2012 AT 8:00 AM, AND TITLE COMMITMENT NUMBER I.R.C. IRON ROD AND CAP L.B. LICENSED 164-008, AS PREPARED BY FIRST AMERICAN TITLE INSURANCE L.S. LICENSED SURVEYOR COMPANY, EFFECTIVE DATE AUGUST 05, 2012 AT 8:00 AM, MON• MONUMENT TITLE COMMITMENT NUMBER 164-005(A), AS PREPARED BY O.R.B. OFFICIAL RECORDS BOOK FIRST AMERICAN TITLE INSURANCE COMPANY, EFFECTIVE P.O.B. POINT OF BEGINNING P.0 C. POINT OF COMMENCEMENT DATE JUNE 20, 2012 AT 8:00 AM, HAVE BEEN SHOWN HEREON.P.B. - PLAT BOOK 3. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED P.B.C.R. • PALM BEACH COUNTY RECORDS BEARING NORTH 00'02'53" WEST ALONG THE WEST LINE OF PG. PAGE SAID U.S. HWY 41. P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W = RIGHT-OF-WAY U.E. UTILITY EASEMENT CERTIFICATION IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE_A4p CORRECT TO THE BEST OF MY KNOWLEDGE AND BELI P D UNDER MY DIRECTION. --- APP--------- S EYOR AND MAPPER F ORIDA LICENSE NO. LS5111 Project Name: UPTOWN DELRAY DATE: 10/31/2012 JOB NO. 12161 DWG BY: JSH Cx•D By: JSH SHEET 1OF 2 tiRl M � TF 949A Clint Moore Road SURVEYING & MAPPING Tel:(561)241-9988 Boca Raton,Florida 33487 Certificate of Authorization No.LB7264 Fax:(561)241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) I 5 15 5.00'25.00' W, J as 10.00' I - —_ 6 L� r-- i Cd 16 S890 10'50''E C\, 16.0 0' 125'(C) ° D N LINE a i N LOT 17 J et . N N O 7 N N 17 Ui J E LINE W LINE z U LOTS 7-10 -, m �, LOTS 17-20 � 4 a U N O ``�r.� 18 O J 8 ni m N T N CC] = O m w [9 m ff') a_ z N 9 cj 19 o No ❑ f } p LLLL. Z I J Cn a o �? L co Z) C\j 10 N N 20 DTI 20 10.00--- - 5.0 0'6 5.0 0' 135'(P1 j 1257CI o N890 10'50"W - 16.00' °a Ln S.E. 2ND STREET a L0 X06 �a• 2161 1777 77+ Nome: UPTOWN DELRAY I owc Br- JSH SCALE: v.50' CK•D By- JSH JDATEi 10/31/2012 1 SHE=OF EXHIBIT "C" Prepared by: RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE is made this day of 2014, between MONOGRAM RESIDENTIAL DELRAY H PROJECT OWNER, LLC, a Delaware Iimited liability company, with a mailing address of 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 ("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ("CITY"):. WITNESSETH : OWNER, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto CITY, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida,to-wit: See Exhibit"I"attached hereto. This Deed is made for the purpose of giving and granting to CITY, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. OWNER agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. OWNER also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property except as otherwise authorized CITY. OWNER does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of OWNER, in law or in equity to the only proper use, benefit, and behalf of CITY, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the presence of: MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC, a Delaware limited liability company By: James J. McGinley III, Senior Vice President (Name printed or typed) (Name printed or typed) STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014 by James J. McGinley III as Senior Vice President of MONOGRAM RESIDENTIAL DELRAY II PROJECT OWNER, LLC, who is personally known to me or who has produced as identification. Signature of Notary Public—State of Texas 2 EXHIBIT "'I " *gi M J TF 949A Clint Moore Road Tel:(561)241-9988 Roca Ratan,Florida 33487 SURVEYING & MAPPING Fax:(561)241182 Certificate of Authorization No.LB7264 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) UPTOWN ®ELIi — 16' ALLEY i LEGAL DESCRIPTION THAT PORTION OF THE 16.00 FOOT WIDE ALLEY RIGHT-OF-WAY ADJACENT TO LOTS 7 THROUGH 10 AND LOTS 17 THROUCH 20 IN BLOCK 102, SHOWN ON "MAP OF THE TOWN OF LINTON, FLORIDA (NOW DELRAY BEACH)", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ' ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 17. BOUNDED ON THE EAST BY THE WEST LINE OF SAID LOTS 17 THROUGH 20. BOUNDED ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20, BOUNDED ON THE WEST BY THE EAST LINE OF SAID LOTS 7 THROUGH 10. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 3,919 SQUARE FEET (0-090 ACRES), MORE OR LESS. NOTES ABBREVIATIONS 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL L ARCLENGTH OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CO . CONCRETE 2. EASEMENTS AND RESTRICTIONS REFLECTED IN TITLE DOR c DELTAR(CENTRAL ANGLE) COMMITMENT NUMBER 164-004, AS PREPARED BY FIRST D.E. = DRAINAGE EASEMENT AMERICAN TITLE INSURANCE COMPANY, EFFECTIVE DATE 1•R• = IRON ROD JULY 09, 2012 AT 8:00 AM, AND TITLE COMMITMENT NUMBER r.R C. IRON ROD AND CAP 164-008, AS PREPARED BY FIRST AMERICAN TITLE INSURANCE E.SS. LICENSED SURVEYOR COMPANY, EFFECTIVE DATE AUGUST 05, 2012 AT 8:00 AM, MON. MONUMENT TITLE COMMITMENT NUMBER 164-005(A), AS PREPARED BY 0•R•B. OFFICIAL RECORDS BOOK FIRST AMERICAN TITLE INSURANCE COMPANY, EFFECTIVE P.O.B.C - POINT OF COMMENCEMENT P.O.C. - POINT OF COMMENCEMENT DATE: JUNE 20, 2012 AT 8:00 AM, HAVE BEEN SHOWN HEREON.P.B. - PLAT BOOK 3. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED P.B.C.R. = PALM BEACH COUNTY RECORDS BEARING NORTH 00002'5.3" WEST ALONG THE WEST LINE OF PG. = PAGE SAID U.S. HWY #1. P.S.M. _ PROFESSIONAL SURVEYOR R/W RIGHT-OF-WAY U.E. • UTILITY EASEMENT CERTIFICATION IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JES MAPPER FLORIDA LICENSE NO. LS5111 Project Nome: UPTOWN DELRAY DATE: 10/31/2012 X08 No. 12161 owG BYE JSH CK'D By, JSH SHEET 1 OF 2 ti�i M � TF 949A Dint Moore Road SURVEYING & MAPPING Tel:(561)241-9988 Roca Raton,Florida 33487 Certificate of Authorization No.LB7264 Fax:(561)241�1B2 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) U 5 15 5.0 0'2 5.0 0' 135'(P) r w J J� ¢a 10.00' 6 CO f a 16 5890 10'50''E C14 / 16.00' w 125'lC) ° � �N LINE 135'(P) o a i N LOT 17 N m • N _N bi " _N 17 z 3 J W Z E LINE W LINE U LOTS 7-10 LOTS 17-20 �3n v �o O 8 18 U J LO c� m N __j n � : aZ CN m _ m Uj L LG LO UN � O V N9 oN� "� 0 19 wsn C\J I Q0 ° N f 0 LU O r cD p Z J �, m ¢ o vi Zo N 10 N C\j 20 C° Q S LINE / LOT 2O 10-001- ,--- 5.00'65-00' 135'(P) 125'(C) 01 N890 10'50"W Z o 0 16.00' o S.E. 2ND STREET — —f . — — — — — - — - — - — - — - — - — —NL — Q I � JOB NO. 12161 Prolect Noma UPTOWN DELRAY owc BY: J-iH SCALE 1"=50' CK'D ay: JSH I DATE: 10/31/2012 1 SHEET 2 OF 2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 17, 2014 ITEM: Uptown Delray Plat — a plat to accommodate a Mixed Use Project That Contains 146 Dwelling Units and 3,529 Square Feet of Retail/Office Floor Area. GENERAL DATA: Applicant................... NCC Uptown, LLC N ST Agent............................ Weiner, Lynne & Thompson, P.A. 0 0 Location........................ Between SE 4t" Avenue and SE 5t" Avenue r } N on the north side of SE 2nd Street. ��� A T L A N T I A V E N U E >� C Property Size................ 2.12 Acres Future Land Use Map... CC (Commercial Core) Current Zoning.............. CBD (Central Business District) Adjacent Zoning..North: CBD S.E ,ST ST. East: CBD South: CBD & RM (Multiple Family Residential) West: CBD w YLI- Existing Land Use......... Office Building, AT&T parking lot, S.F- 2ND L ST. and two vacant lots Proposed Land Use...... Construction of a mixed use development with 146 dwelling units and 3,529 square feet of retail/office I floor area. S.E 57. 0 Z Water Service............... Water service will be provided via service lateral connections to existing O water mains on SE 4t" Ave. and SE W ,, ° Z ff2nd Street. N 4TH ST. Sewer Service............... Sewer service will be provided via m nine service lateral connections to an existing sanitary sewer main along 5TH ST alley and new sanitary sewer main to N be located in SE 4t" Avenue. V-1 < s IL ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new multiple-family residential development being platted as Uptown Delray. The subject property is located between SE 4th Avenue and SE 5th Avenue, along the north side of SE 2nd Street. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The subject property, which is zoned CBD (Central Business District), comprises a 2.12 acre site consisting three parcels. The property contains an office building at the northwest corner of SE 51h Avenue and SE 2nd Street that was built in 1947, and a parking lot on the east side of SE 4th Avenue that was constructed for the Bellsouth Telecommunication building (now AT&T) across the street. There are also two vacant lots located north of the office building. At its meeting of October 15, 2013, the City Commission approved a conditional use for the subject property to allow a density increase above 30 dwelling units per acre (69.52 du/ac). On November 13, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers to construct a mixed-use development consisting of two 5-story buildings. The commercial component, located on the ground floor of the development, consists of 3,529 square feet of retail/office. The residential portion of the development includes 146 dwelling units comprised of 24 efficiency units; 40 one- bedroom units; and 82 two-bedroom units. A 3-level parking garage, which includes additional parking set aside for use by the adjacent AT&T property, will be constructed along the west side of the property on SE 4th Avenue. PLAT DESCRIPTION The subdivision is a replat of Lots 4 through 10, a portion of Lots 17 through 20, and a portion of the adjacent 16' wide alley, Block 102 of the Town of Linton (Now Delray Beach), as recorded in Plat Book 1, Page 3 of the public records of Palm Beach County, Florida on March 25, 1910. The replat will subdivide the subject property into four (4) tracts. Tract "A", the development parcel, will contain the mixed-use buildings and parking facilities for the new project. Tract "Z-1" is a dedication of 2 feet of additional right-of-way for the north portion of the existing north-south alley. Tracts "Z-2" and "Z-3" are dedications of corner-clips at both corners of the property on SE 2nd Street. The southern portion of the existing 16' north-south alley, located midway between SE 4th Avenue and SE 5th Avenue, is being abandoned by this plat to allow for elevated pedestrian bridges that span the alley to connect the east and west portions of the project. A 20' public access easement will be provided over the abandoned 16' alley right-of-way with an additional 2' on each side to maintain public access through the property; and a 20' General Utility Easement will be provided over the same area to accommodate existing utilities in the alley. The Planning and Zoning Board reviewed an application for abandonment of the alley on May 20, 2013 and recommended approval. To protect the City's interest in the abandoned alley right- of-way, should the Uptown Delray project not be constructed, a Right-Of-Way Deed Agreement P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 2 will be executed by the developer to allow the City to record a deed conveying the right-of-way back to the City. The plat includes six foot drainage easements which will accommodate an exfiltration system along SE 2nd Street, SE 4t" Avenue and the abandoned alley. Three foot sidewalk easements on the north side of SE 2nd Street and the east side of SE 4t" Avenue are being dedicated to allow expansion of the 5' sidewalk to 8'. A four foot sidewalk easement is being provided along the west side of Federal Highway (SE 5t" Avenue) to provide a minimum 10 foot wide sidewalk area between the building and landscape planters being constructed by the developer on Federal Highway. A 12' x 33.25' General Utility Easement is being dedicated on the east side of the alley to accommodate the FPL transformer for the project and three water and nine sewer easements are being dedicated to provide connection points for water and sewer service. PLAT ANALYSIS 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. 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 CC (Commercial Core) and is zoned CBD (Central Business District). Since the CBD zoning district is consistent with the CC Future Land Use Map designation, positive findings can be made with respect to consistency with the Future Land Use Map. 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: Water and Sewer: Water service will be provided via service lateral connections to an existing 8" water main along SE 4t" Avenue and an existing 6" water main along SE 2nd Street. Sewer service will be provided via seven service lateral connections to an existing 8" sanitary sewer main along the alley and two service lateral connections to a new 8" sanitary sewer main to be located in SE 4t" Avenue. Fire protection will be provided via: 1) a new fire hydrant located on the north side of SE 2nd Street, west of Federal Highway; 2) an existing fire hydrant located at the northeast corner of SE 2nd Street and SE 4t" Avenue; 3) two new fire hydrants along the east side of SE 4t" Avenue; and 4) stand pipes that provide fire suppression service to the interior of the upper floors. 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 P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 3 build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The preliminary engineering plans indicate that drainage will be accommodated on- site via exfiltration trenches. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The traffic statement was reviewed by the Palm Beach County Traffic Engineering Division, which determined that the mixed-use development meets the Traffic Performance Standards of Palm Beach County. Thus, a positive finding can be made with respect to traffic concurrency. Per LDR Section 2.4.3(E)(3), a land use application which will add use area or establish a new use that will result in the addition on the premises of more than 50 employees located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a program to implement employer-based TDM (Transportation Demand Management) activities. These activities may include, but are not limited to, ride sharing, van pooling, and flexible work hours. The 3,529 square feet of retail/office floor area will not generate more than 50 employees. Thus provision of an employer-based TDM is not applicable to the proposed development. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of$73,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 146 dwelling units will generate 75.92 tons of solid waste per year (146 units x 0.52 tons = 75.92 tons). The 3,529 square feet of retail/office floor area will generate 18.0 tons of solid waste per year (3,529 sq. ft. x 10.2 lbs. / 2,000 = 18.0 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Schools: Verification from the Palm Beach County School District regarding school concurrency has been received. 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. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 4.3.4(K) (Development Standards Matrix): P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 4 Open space, building setbacks (subject to CBD design guidelines) and building height were addressed with approval of the site plan for the project. • LDR Section 5.1.3(A) (Plat Required): A plat is required for the project. The property will be subdivided into one development tract and three dedication tracts for additional right-of-way for the north portion of the adjacent alley and corner clips on SE 2nd Street. • LDR Section 5.3.1 (A) (Right-of-Way Dedication): Two feet of additional right-of-way for the northern portion of the north-south alley and corner-clips at both corners of the property on SE 2nd Street are being dedicated by this plat. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix"C". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Chamber of Commerce Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 5 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Uptown Delray, 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 criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Uptown Delray, 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 criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Aerial Map • Plat • Survey P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 6 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 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 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 P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 7 F. 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 Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: 1. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 2. Show electrical line routing on the Composite Overlay Plan. Indicate where it will be underground. 3. Revise GUE dedication language to state City would be responsible for sanitary sewer line. 4. The corner clips on SW 2nd Street should be a minimum of 20' on the sides per Site Plan Approval. P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 9 APPENDIX - C COMPREHENSIVE PLAN POLICIES 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 mixed-use (residential and retail) development. The surrounding uses are office to the north; vacant automotive/single family residential to the south; multiple family/office/printing to the east; and the AT&T building to the west. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis, which in turn will provide economic stability and be a catalyst for growth in the downtown area. Future Land Use Element Objective C-3: The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C-3.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ❑ Deletion of inappropriate uses; ❑ Incentives for locating retail on the ground floor with office and residential use on upper floors; ❑ Accommodating parking needs through innovative actions; ❑ Incentives for dinner theaters, playhouses, and other family oriented activities; ❑ Allowing and facilitating outdoor cafes; ❑ Incentives for mixed use development and rehabilitation; ❑ Elimination of side yard setback requirements; and ❑ Allow structural overhang encroachments into required yard areas. The intent of the CBD district regulations are to facilitate the development of the downtown with a mix of uses, which include pedestrian-oriented retail/restaurant activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors. The proposed development substantially fulfills the objective of the CBD zoning district to encourage the revitalization of the downtown area to improve the reputation of Delray Beach as "A City Set Apart In South Florida." The proposed development will result in the elimination of a vacant parcel along Federal Highway, which is inconsistent with a vibrant downtown. The residents of the 146 dwelling units will infuse a new vigor to this particular area of the downtown. These residents will be woven into the fabric of the downtown where they will be within walking distance of shops, restaurants, employment opportunities, parks, beaches, and cultural events. The development proposal is consistent with Future Land Use Element Policy C-3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. 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 P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 10 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. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road network and the location of a Palm Tran bus stop one block to the south of the subject property, the developer will contribute funds in lieu of bus shelter installation. With this contribution, the development will comply with Transportation Element Policy A-1.5. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides several bicycle racks throughout the property. Further, the development provides for bicycle storage lockers within the development. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A-3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of 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. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. The proposed recreational facilities consist of a pool, gymnasium, and cyber cafe. Some of the recreational, cultural and open space opportunities located in proximity to the Uptown Delray development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, 505 Teen Center, and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons) and other facilities that can be utilized by children, such as the pool, have been provided, the intent of this policy will be substantially met. Based on the above a positive finding can be made. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. P&Z Board Staff Report, Meeting of March 17, 2014: Uptown Delray Plat Page 11 While this development will not be restricted to occupancy by adults only, it is acknowledged that dwellings in downtown Delray Beach are not typically occupied by families with children. The proposed development will primarily accommodate young and middle-aged professionals. The development will provide the following unit mix: 24 efficiency units, 40 one-bedroom units, and 82 two-bedroom units. Of these 146 dwelling units, the proposed development provides 26 different floor plans including two-story units. There are several examples where the City has waived the requirement to provide 3 and 4 bedroom units such as the two recently approved SOFA projects. Since this requirement is waived given its downtown location, the project complies with Housing Element Policy B-2.2. Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Through the conditional use and site plan review processes, the applicant has substantially modified the development proposal to address concerns of compatibility with the surrounding community. These modifications have resulted in a product that will be compatible with this neighborhood. The massing of the garage along SE 4t" Avenue has been greatly reduced from 6 levels above ground to 2 levels. The proposed development will be an asset to the surrounding community and will aid in the revitalization of this area of the City. Based upon the above, the development proposal is consistent with Housing Policy A-11.3. w w W�n 0 z z I H If ElI ' 1 I � 1011 LA — A T L A N T I C A V E N U E o w w w Q Q Q w > 1jHLLjL11jLLj1j1j Q Q Q S.E. 1ST ST. N z Ln CO Ld W > 2 Q W g L --U� W W HH F 1 11 1 --' LIJ (n S.E. 2ND ST. J z ¢ Ll �E S.E. 3RD ST. 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S2E 'e�C: ®eo®e.cR•, I��1 :9 �9 r[Fffi'dWefE S ledFFi' _�;isn" � xy.pQ- �` - SL9•lp'S0"E 135.07 a'• a moo, _g ------------ "_ ________ LL. i i n6� R Y 4 a - x � - '" +� ®� �� woca wre elea-laso^w fi3 o,p" 's^ � w y$,g� y3�C° o` 4 � w P , ' ` a 9 9 ,...yr mo ek ,nm e.ax ¢R i g ®e5n Intl® •( 15 u �i e f C I ® ® ® Sn, - � e•cwc sr. . �.� �0"� , ry wB9•FO'S4"W 125.6T � .� � � � ° w .............. A __ ....mow_____. &&iNO sraeEr .�• I 68 I w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 2, 2014 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF JULY 15,2014 FINAL BOUNDARY PLAT APPROVAL/DELRAY PRESERVE BACKGROUND The subject property, which is currently vacant, is comprised of five parcels totaling 8.568 acres. Four of the five parcels were formerly the site of an indoor-outdoor flea market known as Delray's last Drive-in (aka Delray Swap Shop). The fifth parcel, located at the northeast corner of the property, was formerly an antique store called the "Second Chance Emporium". On May 24, 2006, the Site Plan Review and Appearance Board approved a Class V Site Plan, to construct a mixed-use development known as Village Parc on the former Swap Shop property. The proposed project consisted of 104 townhomes, 30 condominium units, 15,408 square feet of retail space and 6,825 square feet of office space. Although the buildings for the swap shop were removed in anticipation of construction of the project, it was never constructed and the approvals have since expired. DISCUSSION It is noted that several other development approvals for "Delray Preserve", a proposed multi-family residential development, are currently being considered by the City on this property. Although being processed under the same project name, this plat is not associated with an approved site plan. The purpose of the boundary plat is to combine the five parcels together into one parcel for which a metes and bounds legal description has been provided on the plat. A replat will ultimately be required at a later date to accommodate whatever development is ultimately approved on the property. While no new dedications are included on the plat, it does depict three existing easements which were previously dedicated by Special Instruments. One of these is an ingress/egress easement to provide access to the FIND parcel located to the east of the subject property. The other two are ingress/egress easements which originally provided access to the Second Chance Emporium, now included in the property. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 2.4.5(x)(5), no specific findings are necessary for the approval of a final plat for a minor subdivision unless it is associated with an approved site and development plan. 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. Courtesy Notices have been provided to the following groups and neighborhood associations: • Delray Citizen's Coalition • Kokomo Key • Town of Gulfstream • La Hacienda The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Move approval of the Final Boundary Plat for Delray Preserve, 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. GULF STREAM BOULEVARD SEACREST BLVD. c qv£. 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Q a x O 2 _ U z � NSUBJECT PROPERTY DEL RAY PRESERVE PLANNING AND ZONING Q DEPARTMENT LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cob\Z—LM 1000-1500\LM1458_DELRAY PRESERVE L, Al � tn7 5 y1' I y r i v 4.1 IIN ^, i ra IF -,� It 'a I° t. L6 LU oo - W LU )VA 31VM WISVOSVM1 _ - - - J W _ C® _� _ �w N z� r W w F•_ v I �L � o tl z _ m s ON/�bMNO/N - � V r f%J W uj c u0i P = z z O 5 L c W =F� ENO 1111,,0 L6 4 F Z ,PC ce z v 5 r o - z =V W � � � - u O m H O 4OCN� I �� yI�OJN S � �_ - a _E Q 0NV N LU .4 o - c LU N-T 19 9Oo OWO NN� = V F 7 O N W O O O r - a = r r w = o za o - ❑ z A0 i W , 6 a o i A. 3 - ur 6° V I I I �► - - - v m° a fu N�- 04 O N W o3 IAL.29.Los .95£OS b N011N3s j0 b/l-3'S JO b/l'M S JO Z/4 M is 3NIl is" a � 'I LL �w I I I OC I W i W � I Z S I I O III W Q IFO! 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L � „, - szss,a sa, �� - 9>,9Zo10DO m m o b vo _ oz oMmw - p��m v 6L9 49' m m W o tfld AbA1- LpW S—'-F'= o Z vc.- � - � M mbm rc a O Z Waom mo ON AbMH01H SH) S'ON"0a 31 N15 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Tamara Genius, Plan Reviewer Tracie Lutchmansingh, Assistant City Engineer Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: June 30, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF JULY 15,2014 ACCEPTANCE OF A SANITARY SEWER EASEMENT DEED/MD NOW BACKGROUND The project is a 0.47 acre property that is zoned General Commercial (GC). It is located on the north side of Linton Boulevard between S.W. 10th Avenue and S.W. 4th Avenue. The location map is attached for reference. The owner will construct a 4,709 square foot medical facility. The building will be serviced by existing City sanitary sewer lines. A manhole is required to connect to the sanitary sewer service line that will be placed on the adjacent property. Therefore, a sewer easement is required so that City crews can access and perform maintenance operations. DISCUSSION The item before Commission is to approve and accept an exclusive sanitary sewer deed for the installation of a manhole at 601 Linton Blvd(MD Now). TIMING OF THE REQUEST This item is required prior to issuance of the Certificate of Occupancy(C.O.). RECOMMENDATION Staff recommends approval of sewer easement deed. Prepared by: RETURN: Environmental Services Department 434 Swinton Avenue Delray Beach,Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of , 20_ by and between MDN 601, LLC, with a mailing address of 2007 Palm Beach Lakes Boulevard, West Palm Beach, FL 33409, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st 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 sewer main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such sewer 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 #I: PAR THE FIRST PART Y' e (name printe oxyp d) WITNESS #2: (name printed or typed) STATE OF COUNTY OF &C_0-\ The foregoing instrument was acknowledged before me this day of 200 L)by (name of officer or agent), of (name of corporation), a Vt0&:,a�\ (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced e-C50 r1�l L- (type of identification) as identification and did/did not take an oath. Signature of to Public - AMY A4. KO g ,rY Notary Public -state of Florida State of 'Cj MY Comm.Expires Dec 2:2016 Commission #EE 223641 (SEAL) "" o�deC Through Natianai Notary Assn. 2 12' x 12' SEWER MAIN EASEMENT SKETCH & DESCRIPTION LEGAL DESCRIPTION: That part of the South Half of the South Half of the Southwest Quarter of the Southeast Quarter of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the Southwest corner of the South Half of the Southwest Quarter of the Southeast Quarter of Section 20, Township 46 South, Range 43 East; thence run North 8938'17" East along the South Boundary of the South line of Section 20 a distance of 499.00 feet; thence Northerly North 0D 00'33" West, a distance of 60.00 feet to the proposed"new north right-of-way line of Linton Boulevard; thence continue North 000033" West a distance of 148.00 feet; thence North 8938'17" East, a distance of 139.00 feet; thence South 0000'33" East a distance of 8.00 feet to the Point of Beginning of this description: thence continue South 0000'33" East, a distance of 12.00 feet; thence South 895927" West, a distance of 12.00 feet; thence North 0000'33" West, a distance of 1200 feet; thence North 89 38'17" East, a distance of 12.00 feet to the Point of Beginning. Said lands lying and being in Palm Beach County, Florida and containing 144 square feet more of less. BEARING ARE BASED ON THE SOUTH LINE OF SEC. 20-46-43, 500V0'33 E REFERENCE BEARING: N 89:38'17" E N89' 59'27"E 12.00' 8.00' P.O.B B . LEGEND. C/L= CENTERLINE N89 38'17"E 139.00' � „ P.S M.= PROFESSIONAL SURVEYOR AND MAPPER '�_500, 00 33 E LB.=L CE SEDRBUSINESS BUSINESS NOQ' 90'33"W� - 12.00' P.B. = PLAT BOOK Z 12.00' PG. = PAGE O R/W= RIGHT OF WAY O w S89' 59'27"W 12.00' 0 0 PROPOSED NEW NORTH RlW -OF—WAY LINE P.O.C . Z CURRENT NORTH R/W LINE SW CORNER, S 112 rn PROPOSED r SW 114, SE 114 (Z)CS R/W DED/ca Hall SEC. 20-46-4J p N89 38'17"E LINT❑N BOULEVARD � 499 00' (106'RIGHT-OF-WAY) SOUTH LINE OF SEC. 20-46-43 THIS 1S NOT A BOUNDARY SURVEY SKETCH & DESCRIPTION OF PROPOSED SEWER EASEMENT CERTIFICA T1 ON. THIS SKETCH MEETS MINIMUM 7ECHN/CAL STANDARDS AS.SET FORTH BY THE FLORIDA SCALE 1" = 50' FOUNDED 1993 BOARD OF PROFESSIONAL SURWYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA BASELINE q ENGINEERING 3 ADMINISTRATJW CASE. DRAWN B? ELF. AND j5- 1+6-!4 CHECKED BY E.W.D. LAND SURVEYING, INC. ERNEST W. DUNCAN, PSM. Stote of Rodda 1400 N.W. 1st COURT Professional Surmyor & Mapper No 5182 Date BOCA "RATON, FLORIDA 33432 THIS DRANK a SKE7LN PLAT, OR MAP IS FOR INFORMAAON PURPOSES OK AND IS ONO 6510 (561) 417-0700 LB 6439 NOT VAUD, UNLESS IT BEARS THE 570VATURF AND 7HE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. : 12-12-034 SHEET N0. 1 of 1 mp -al z•. _ .9 n . Lli 'ms } 40 AW4 . de y Y 4 k � f 41r LWp i S � k R ' 'I w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Tamara Genius, Plan Reviewer Tracie Lutchmansingh, Assistant City Engineer Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: June 30, 2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF JULY 15,2014 ACCEPTANCE OF A WATER EASEMENT DEED/MD NOW BACKGROUND The project is a 0.47 acre property that is zoned General Commercial (GC). It is located on the north side of Linton Boulevard between S.W. 10th Avenue and S.W. 4th Avenue. The location map is attached for reference. The owner will construct a 4,709 square foot medical facility. The building will be serviced by existing City water lines where there is an existing water meter that will be relocated pursuant to site improvements. Therefore, a water easement is required so that City crews can access and perform maintenance operations. DISCUSSION The item before Commission is to approve and accept an exclusive water deed for the relocation of a water meter at 601 Linton Blvd(MD Now). TIMING OF THE REQUEST This item is required prior to issuance of the Certificate of Occupancy(C.O.). RECOMMENDATION Staff recommends approval of water easement deed. Prepared by: RETURN: Environmental Services Department 434 S. Swinton Avenue Delray Beach,Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of , 200_, by and between MDN 601, LLC, with a mailing address of 2007 Palm. Beach Lakes Boulevard, West Palm Beach, FL 33409, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st 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 #l: PARTY HE FIRST PART (name prim WITNESS #2: (name printed or type STATE OF COUNTY OF The foregoing instrume as acknowledged before me this day of , 2d6A b ��� �~ �X-rvV"���:� y (name of officer or agent), of CO-N (name of corporation), a ����C�(State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced _ ff r^5 Q r -�c'09 k�A(zx/1 type of identification) as identification and did/did not take an oath. Signature o otary,Public - +�Di�RY PVe(Jr' AMY M_ KOVACN �-���1 C r State Of Notary Puhlic-state of Florida MY Comm.Expires Dec 2.2x16 (SEAL) 'E of c oa�`` Commission #EE 223641 Bontled Through National Nolary Assn 2 5' x 12' WATER MAIN EASEMENT SKETCH & DESCRIPTION LEGAL DESCRIPTION: That part of the South Half of the South Half of the Southwest Quarter of the Southeast Quarter of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the Southwest corner of the South Half of the Southwest Quarter of the Southeast Quarter of Section 20, Township 46 South, Range 43 East; thence run North 8938'17" East along the South Boundary of the South line of Section 20 a distance of 499.00 feet; thence Northerly North 00 00:33" West, a distance of 60.00 feet to the proposed new north right-of-way line of Linton Boulevard,- thence North 8938'17" East along the new north right-of way line a distance of 55.00 feet to the Point of Beginning of this description: thence continue North 00'21'4J" West, a distance of 5.00 feet; thence North 8938'17° East, parallel to the South line of said Section 20, a distance of 12.00 feet; thence South 00:21'43° East, a distance of 5.00 feet to the proposed new north right-of way line of Linton Boulevard; thence South 893817° West, along said proposed new north right-of-way, a distance of 12.00 feet to the Point of Beginning. Said lands lying and being in Palm Beach County, Florida and containing 60 square feet more of less BEARING ARE BASED ON THE SOUTH LINE OF SEC. 20-46-43, REFERENCE BEARING.- N 8938'17" E 489 38'17"E 139.QO' LEGEND. C/L= CENTERLINE P.S.M.= PROFESSIONAL SURVEYOR AND MAPPER Q p E B.= ENGINEERING BUSINESS L.B.=LICENSED BUSINESS O O P.B. = PLAT BOOK PG. = PAGE RIW= RIGHT OF WAY PROPOSED NEW NORTH R16HT-OF-WAY LINE Q N00'21'43"W S00°21'43"E P.0.B . 5.00' 5.00 N8938'1 7"E 55.00' A(89'38'11"E 12.00' CURRENT NORTH RIW UNE P.O.C . p PROPOSED 7' S89. 8'J7"W SW CORNER, S 1/2 izjo R/W DED/cA 7701V 12,00' SW 114, SE 1/4 oc; SEC. 20-46-4,3 �+ N8938'1>"E LINT❑N BOULEVARD 499.QQ' (106' RIGHT-OF-WA Y SOUTH LINE OF SEC. 20-46-43 THIS IS NOT A BOUNDARY SURVEY SKETCH & DESCRIPTION OF PROPOSED WATER EASEMENT CER TIFICA TION.- 7HIS SKETCH MEETS MIMMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA SCALE I" = 50' FOUNDED 1993 BOARD OF PROIrES570NAL SURWYOR.S AND MAPPERS iN CHAPTER 5 17 FLORIDA BASELINE 4 ENGINEERING / ADMIN/STRA77W CODE. DI?A BY.' ELF ELF. AND `T( 5-16- j L4 CHECKED BY.• E.W.D. LAND SURVEYING, INC. ERNEST w. DUNCAM PSM. .State of Florida 1400 N.W. 1st COURT Professional Surm.yvr & Mapper No, 5182 Date BOLA RATON, FLORIDA 33432 1415 DRAWNQ -WETCH PLAT, OR MAP/S FOR INFORMAVOIV PURPOS-5 ONLY AND IS EB 6510 (561) 417-0700 LB 6439 NOT VALID, uNLE55/T BEARS THE w&v rURE AND 7HE ORIGINAL RAISED SEAL OF A NO ; 12-12-03¢ SHEET NO 1 of 1 FLORIDA LICENSED SURVEYOR AND MAPPER mp -al z•. _ .9 n . Lli 'ms } 40 AW4 . de y Y 4 k � f 41r LWp i S � k R ' 'I w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: June 24, 2014 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF JULY 15,2014 CONTRACT CLOSEOUT(CO NO.2/FINAL)/MANCIL'S TRACTOR SERVICE,INC./S.W.2ND ST.BEAUTIFICATION BACKGROUND On May 7, 2013, Commission approved a bid award (Bid #2012-14) in the amount of$976,767.82 to Mancil's Tractor Service, Inc., for construction of roadway improvements on S.W. 2nd Street from I-95 to Swinton Avenue, to include sidewalks, drainage, traffic calming, swales, landscape islands at each intersection and mid-block where applicable, parallel parking at the north side of S.W. 2nd Street, between Swinton Avenue and S.W. 1st Avenue, irrigation and landscaping. This project was in coordination with the Community Redevelopment Agency (CRA) and is part of the Southwest Area Neighborhood Redevelopment Plan. On February 11, 2014, Commission approved Change Order No. 1, in the amount of$13,691.34, for the removal and replacement of existing broken sidewalks and the addition of new driveway aprons where the alleys meet the roadway of SW 2nd Street; and a contract time extension of sixteen (16) days. Cost was paid out of the contract's Unforeseen Conditions Allowance. Change Order No. 2/Final includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. This complies with Code of Ordinances Chapter 36, Section 36.02 (A)(1), "Methods of Acquisition/Competitive Bids" and Section 36.06, "Change Orders", (A)(2) "Within the Scope of Work". After final payment in the amount of$58,612.45 is made, residual funds, in the amount of$36,033.81, will be liquidated from Purchase Order#691113 as follows: $30,989.08 Account#334-3162-541-65.95 (funds will be returned back to the CRA) $ 5,044.73 Account#448-5461-538-65.95 $36,033.81 Total Amount Liquidated FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consideration to approve a Contract Closeout (CO#2/Final) in the net deduct amount of($36,033.81) and a final payment amount of$58,612.45 to Mancil's Tractor Service, Inc. for completion of the SW 2nd Street Beautification Project #2010-039. This complies with Code of Ordinances Chapter 36, Section 36.02 (A)(1), "Methods of Acquisition/Competitive Bids" and Section 36.06, "Change Orders", (A)(2), "Within the Scope of Work". TIMING OF THE REQUEST This item is time sensitive; the contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order fully executed. FUNDING SOURCE N/A—No funding is required. RECOMMENDATION Staff recommends approval of a Contract Closeout (CO#2/Final) in the net deduct amount of ($36,033.81) and a final payment amount of $58,612.45 to Mancil's Tractor Service, Inc. for completion of the SW 2nd Street Beautification Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGLNAL CONTRACT CHANGE NO. 2/Final(Contract Closeout) PROJECT NO. 2010-039 DATE: PROJECT TITLE: SW 2 St.Beautification TO CONTRACTOR: Mancil's Tractor Service,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUST IT'ICATIO : Complete changes to the project per the attached Schedule"A". SUMMARY OF CONTRACT AMOUNTICHANTGES ORIGINAL CONTRACT AMOUNT $976,767.82 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $976,767.82 COST OF CONSTRUCTION CHANGES THIS ORDER (436.033.81) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $940,734.01 PERCENT DECREASE THIS CHANGE ORDER -3.68% TOTAL PERCENT DECREASE TO DATE -3.68% TOTAL CONTRACT TIME WILL BE INCREASED BY 0 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in any considered opinion, accurate and that the prices quoted are fair and reasonable. Maucil's Tractor Service,Inc. (Contractor to sign& seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA—No Funding Required DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA RECOMMEND: By: Enviroume-ntal Services Cary D. Glickstein,Mayor ATTEST: APPROVED: By: City Attorney City Clerk 5lEneHdmialProtec[s,2010\2.O1L-0391�F^ICI.P,L'il endz Back.-cxp Dfles CO�42 Final Mancil`s SV7 2 St Beauff GC 071514NC0_Final Mancils Sw 2 St Be=!f GC 9715?4.doc SCHEDULE"A" TO CHANGE ORDER NO.21 FINAL(CONTRACT CLOSEOUT) MANCIL'S TRACTOR SERVICE,INC. SW 2ND STREET BEAUTIFICATION PROJECT#2014-039 ITEfIR CONTRACT AWARD CONTRACT TO DATE NO DESCRIPTION UNIT EST, UNIT PRICE TOTAL ACTUA UNIT PRICE EXTENDED QUANT ADJ, QTY. L QTY, TOTAL PRICE +!. 1 Site Mobilization LS i $45,00000 $ 45,000.00 1 $45,0D0,00 $ 45,000.00 $ 2 MamtenauceofTraffic LS I $25,000,00 $ 25,000.00 1 $25,000.00 $ 25,DD0.00 $ 3 As-Built Record I>rawings 1.S 1 $25,DDOD0 $ 25,000.00 1 $25,0D0.00 $ 25,000.00 $ 4 NPDESIBrosionControi LS I $15,00000 $ 15,000.00 1 $15,000.00 $ 15.ODO.00 $ 5 Cleating and Grubbing LS 1 $85,000.00 $ 85.000.00 1 $85,000.00 $ 85,000.00 $ 6 Remove Drainage Inlet EA 1 $ 707.25 $ 707,25 1 $ 707,25 $ 707.25 $ 7 Relocate Existing Fire Hydrants EA 6 $ 1,201.75 $ 7,21050 6 $ 1,201.75 $ 7.210.50 S 8 Relocate Existing Water Meters EA 3 $ 552.00 $ 1,656.00 5 $ 552.00 $ 4,416.00 $ 2,750.00 9 Modify Inlet top with Hood and Crate EA I $ 1,753.75 $ 1,753.75 1 $ 1,753.75 $ 1,75335 $ 10 Convert Catch Basin Top to Manhole EA 1 $ 1,44125 $ 1,44125 1 $ 1,443.25 $ 1,443.25 $ 11 Core 15"RCP into Existing Strue nre EA 1 $ 1,121.25 $ 1,121.25 1 $ 1,121,25 $ 1,12125 $ Swale Grading and Sodding(to include scale 12 excavation&-Removal) SY 4.150 $ 6.00 $ 24, 00 900. 5 DO5 $ 6.00 $ 30,030.00 $ 5,130.00 1 1;2"Type S-III Asphalt Surface Course(2 lifts- 13 SM"-includingtackcoat) SY 1,050 $ 13.50 $ 14,175.00 121 $ 13.50 $ 1,633.50 $ {12,541.50} 2 112"Type S-I Asphalt Surface Course(2 lifts-1 14 114"each-including tackcaat) SY 950 $ 18.50 $ 17,575.00 1,728 $ 18.50 $ 31,958.00 $ 14,393.00 15 8"Compacted LimerockBase SY 2,000 $ 11.50 S 23,000.00 1,564 $ 11.50 $ 17,986.00 $ (5,014.00) 12"Stabilized Subgrade(compacted to 980/.maw 16 density per AASHTO T-180) SY 2.500 $ 3.50 $ 8'750'00 1.564 $ 3.50 $ 5,474.00 $ (3,276.00) 17 6"Com acted Shellrocl-(Landscape Islands) SY 1 395 $ 8.50 S 3,357.50 0 $ 8.50 S - $ (3,357.50) 18 T Flush Concrete Slab SY 25 S 189.00 $ 41725.00 53 $ 189.00 $ 1(),017.00 $ 5,292.00 19 Valley Gutter LF 140 $ 18.D0 $ 2,520.00 140 $ 18.OD $ 2,520.00 $ - 20 FDOT Type"A"Curb IF 750 $ 18.00 $ 13,500,00 567 $ 18,06 S 10,206.00 $ (3,294.00) 21 FDOT T e"F"Curb and Gutter LF 2 7090 $ 17.00 $ 35,53D.OD 1,956 $ 17,OD $ 33,252.00 $ (2,278,00) 22 E FOOT Type,"RA"Curb 1 F 185 $ 16.00 $ 2,960.00 240 $ 16.D6 $ 3,540.00 $ 660.00 23 j 2"PVC Irrigation Sleeves(Land sca e Fslands) LF 175 $ 5.00 $ 675.00 288 $ 5.00 $ 1,440.00 $ 565.00 24 5`Wide(4"Thick)Concrete Sidewalk LF 3-950 $ 14.10 $ 55,695.00 4,689 $ 14,10 $ 56,114.90 $ 10.419.90 25 5-Wide(6"Thick)Concrete Sidewalk LF 1,300 $ 17.50 $ 23,140.00 1,502 $ 17.66 S 26,735.60 $ 3.595.60 26 Concrete Driveway Apron(6"thick) SF 6,350 $ 3.75 $ 23,812.50 6,584 $ 375 $ 24,690.00 $ 877.50 27 Existing Sidewalk Joint Cutting LF 80 $ 7.DO $ 560.00 40 $ 7.00 $ 280.00 $ (280.00) Alternate Bid Item-Brick Paver Crosswalks/ Pavement Maridugs TraMc Signs(This item replaces Bid Item No.28 Striping and Pavement $ 74,000.00 $74,000.00 $ 74,000.00 $ Markings and Signs @ Intersections with 28 Roundabouts) LS 1 $74,000.00 1 Stop Conditions and Crosswalks Pavement Marl,-ines."lraffic Signs)(At Intersections where $ 3,564.55 $ 3,564.55 $ 3,564.55 $ 29 roundabouts are not proposed) LS 1 1 $ 3,564.55 1 30 Handicap Curb Ramps with Tactile Surface EA 67 $ 300.56 $ 20,133.50 57 $ 300.50 $ 17,128.50 $ (3,005.00) 31 Q en Cut Pavement Repairs LF 450 $ 35.00 $ 15,750.00 475 $ 35.00 $ 16,625.00 $ 875.00 32 T c U Double Course Micro-Surfacing SY I,7D0 $ 8.53 $ 14.501.00 1;690 $ 6.53 $ 14,41570 $ (85,30) 33 Crack Sealing CAL 170 S 38.56 S 6,545.00 75 $ 38.50 $ 2,887.50 $ (3,657.50) 34 Rut Pilling IN, 57 $ 275.00 S 15,675.00 25 $ 275.00 $ 6,875.00 $ (8,800.00) 35 15"RCP LF 515 $ 46.58 $ 23,988.70 494 $ 45.58 $ 23,010.52 $ (978.18) 36 IS"RCP LF 18 $ 63.83 $ 1;148.94 14 $ 63.83 $ 893.62 $ (255.32) Type"C"Inlet with Type"F"Frame and Grate per 37 City eDek Bea :--h Standard D4.2 EA 3 $ 2,593.25 $ 7,779.75 3 $ 2,583.25 $ 7,779.75 $ 38 4'DameterStormManhole EA 2 $ 2;800.25 $ 5,600.50 2 $ 2,8D0.25 $ 5,600,50 $ 39 5'Diameter Storm Manhole EA 1 $ 8,176.50 S 8,176.50 1 $ 8,176.50 $ 40 Co=Ect Drainaae Manhole E $10,850.25 S 10,850.25 1 $10,850-25 1 $ 10,850.25 $ Page 1 of 4 SCHEDULE"A" TO CHANGE ORDER NO.21 MAL(CONTRACT CLOSEOUT) MANCIL'S'TRACTOR SERVICE,INC. SW 2ND STREET BEAUTTF'ICATION PROJECT 92014-039 ITEM CONTRACT AWARD CONTRACT TO DATE NO, DESCRIPTION UNIT EST. UNIT PRICE TOTAL ACTUA UNIT PRICE EXTENDED QUANT ADJ. QTY. L QTY, TOTAL PRICE +I- 41 Unforeseen Conditions A13otsance LS 1 $50,000.00 $ 50,000.00 0.6217 $50,000.00 $ 31,084.66 $ (18,915.34) Cost associated with upgrading the electrical panel struts from galvanized steel to stainless steel.for longevity purposes. No additional contract time. 1 $9,427.14 Approved by Finance Director 11114113. Cast associated with add tional irrigation scope required to add zones on the western limits of the project to the new irrigation system. The existing system on SW 12th Ave_does not have the wires or control points to add these zones,per the contract - 1 $8,579.29 documents. The additionaE work entails extending the 2"mainline from the NE comer of 10th Ave,and SW 2nd St to the NE comer of SW 12th Ave. Approved by City Manager 11/20113. Cost associated with drainage modifications at the intersection of SW?"Street and SW 1 O�Avenue. The modifications will resolve two issues at this intersecton,with the proposed drainage installation. First is a conflict with an existing water main. It is $3,903,31 proposed to lower the new drainage to be installed below the water main- Second is modifying an existing drainage structure at the SW comer of the intersection to accommodate the new pavement radius. Approved by City Manager 11121113_ Cost associated with adjusting a drainage structure at the NE comer of SW 2ntl Street and SW 8° Avenue_ i nis existing structure needs to be lowered 1 $ 1,100.0D to work with the proposed improvements. Approved by City Manager 118114, Cost associated with the removal of abandoned drainage pipe at the intersection of SW 8th Ave.and SVV 2nd St.;which is no longer in use and under the proposed sidewalk. In addition,cast for addition of 6"riser section and concrete apron to an existing drainage structure at SW 10th Ave.and SW 2nd St.; 0.50 $ 2,683.58 existing drainage structure is too low to work with proposed improvements and creates a hazard, posing a pedestrian safety issue.Approved by City Manager,01/17114.Amount approved$5,367.16; actual cost:$2,683.58. Cost associated with Chan nge Order#1•for additional concrete sidewalk removal and replacement;additional dr veway aprons;and a 23 day contract time extension. Scope will provide a $ 1.00 $ 13,691.34 more uniform appearance,resolve potential liability concerns and protect roadway paving. Approved by Commission 02111114. 42 lnderumfication LS i $ 10,00 $ 10.D0 1 $ 10.00 $ 10.00 $ Landscape and Irrigation 43 Florimnlcn CY 179 5 38.25 $ 6,846.75 132 $ 3825 $ 5,049.00 $ (1,757.75) 44 $ackfiUPlanting soil with fertilizer CY 835 5 26.56 $ 22,177.60 504 $ 26.56 $ 13,3$6.24 $ (8,791.36) 45 Root Barrier LS 1 $25,000.00 $ 25,000.00 1 $25,000.00 $ 25,000.00 S 46 ' 1"Water Service with box(includesappurteuauces) EA I S 3,197.00 $ 6,394.60 2 $ 3,197.04 $ 6,394.DD $ 47 Protective Tree Fencinglgamcade L.S 1 $ 2,500.00 $ 2,500.00 1 5 2,500.00 $ 2,500.00 $ 48 Pruning ofExistina Trees LS 1 $ 2,500.00 $ 2,500,00 0 $ 2.500.00 $ - $ (2,500.00) 49 Irrigation System including;Trench=/SleeviaE I LS 1 1 $79,617.94 $ 79,617.94 1 S 79.617.94 $ 79r617.94 S Page 2 of 4 TO CHANGE ORDER NO-2/FINAL(CONTRACT CLOSEOUT) MANCIL'S TRACTOR SERVICE,INC. SW 2ND STREET BEAUTIFICATION PROJECT 92010-039 ITEM CONTRACT AWARD CONTRACT TO DATE NO. DESCRIPTION UNIT EST, UNIT PRICE TOTAL ACTUA UNIT PRICE EXTENDED QUANT ADJ. QTY. L QTY. TOTAL PRICE +f- Bailey Palm(Field gown and root pruned,10' 50 height overall,matched) FA 4 $ 2,921.88 $ 11,fi87.52 4 $ 2,921.88 $ 11,687.52 $ - Bottle Palm(Field gown and root pruned,14' height overall,minimum 4'grey wood,7 clear $ 10,518.72 $ 876.56 $ 7,012.48 $ (3,506.24) 51 trunk-matched) EA 12 $ 876.56 8 Desert Cassia(45 gallon,12'heiglt 1.5"caliper, $ 1,859,40 $ 185.94 $ 1,859.40 $ 52 standard,matched) EA 10 $ 185.94 10 Dune Sunflower(1 gallon,full pots,5 runners $ 653.95 $ 3.19 $ 653.95 $ 53 minimum,IS"on centers) EA 205 $ 3.19 205 DwafBougainvillea(Full,3 gallon,2'x2',2'on $ 181,64 $ 9.56 $ 162.52 $ (19.12) 54 centers) EA 19 $ 9.56 17 Dwarf Short)uniper(3 gallon,full pot,2'on 55 centers) EA 559 $ 9.03 $ 5,047.77 557 $ 9.03 $ 5,029.71 $ (18.06) Dwarf Wild Coffee(Full,7 gallon,36"x 36",Yon $ 878.12 $ 30.28 $ 878.12 $ 56 centers) EA 29 $ 30.28 29 East Lakr Palatka Bally(30 gallon minimum,10' height,4'spread,30"on centers,1 1/2"diameter at $ 2,23128 $ 185.94 $ 2,231.28 $ 57 breast height) EA 12 $ 185.94 12 Foxtail Fern(Full,I gallon,12"on centers(plant 58 between Dioons)) EA 328 I $ 3.72 $ 1,220.16 328 $ 372 $ 1,22(196 $ Green Bluebery Flax Lily(Full,I gallon,5-7 $ 1,300.16 $ 4.78 $ 1,30C.16 $ 59 plants per pot 12"height,12"on centers) EA 272 $ 4.78 272 Green Island Ficus(Full,3 gallon,18"x 18",18" $ 5,074.16 $ 7.28 $ 4.848.48 $ (225.68) 60 on centers) EA 697 $ 7.28 666 61 acetone Croton(Fall,3 gallon,2'x2,,2'on centers) EA 107 $ 12.75 $ 11364.25 107 $ 12.75 $ 1,364.25 $ )atropha(Full,I5 gallon,5'height,matched 62 Florida Fancy) EA 44 $ 69.06 $ 3,038.64 44 $ 69.46 $ 3,038.64 $ Large Orange Bromeliad(FuIL 7 gallon,30"00", 63 specimen) EA 15 $ 79.69 $ 1,195.35 15 $ 79.69 $ 1,195.35 $ Miraguama Palm(Field grown and root pruned,14' 64 height overall,T clear trunl�,matched) EA 6 $ 2,098.44 $ 12,590.64 5 $ 2,096,44 $ 12,590.64 $ - Montgomery Palm'7)ouble"(Field grown and root pruned,I8'height overall minimum,Florida Fancy, $ 7,602.12 $ 281.56 $ 7,602,12 $ 65 matched) EA 27 $ 281.56 27 Muskogee Crape Myrtle(65 gallon,14'height x 6' spread,standard,tree form,matched,Florida $ 5,418.72 $ 451.56 $ 5,418,72 $ 66 Fancy) EA 12 $ 451.56 12 Pink Muhly Grass(Full,3 gallon,24"x 20",T on 67 centers) EA 115 $ 7.17 $ 824.55 115 $ 7.17 $ 824.55 $ Queen Emma Criuum(Fu11,7 gallon,36"x36" 68 minimum,FloridaFancl,) BA 99 $ 30.26 $ 2,997.72 99 $ 34.28 $ 2,997.72 $ Red Curly Buy Croton(Full,3 gallon,2'xT.2'on 69 centers) EA 64 $ 7.44 $ 476.16 64 $ 7.44 $ 478.16 $ 70 Society Garlic(Full,1 Paliom 12"on centers) EA 218 $ 3.72 $ 810.96 217 $ 3.72 $ 807.24 $ (3.72) Spindle Palm(Field gown and root pruned,14' height overall,minimum 4'grey wood 7 clear $ 4,675.D4 $ 584.38 $ 7,012.56 $ 2,337.52 71 trunk,matched) EA 8 $ 584.38 12 Spiny Dioon(FulL.7 gallon,Y height,Ton 72 centers) EA 32 $ 69.D6 $ 2,209.92 32 $ 69.06 $ 2,209.92 $ Page 3 of 4 SCIIEDULE"A" TO CHANGE ORDER NO.2/FINAL(CONTRACT CLOSEOUT) MANCII.'S TRAC'T'OR SERVICE,INC. SW 2ND STREET BEAUTIFICA'T'ION PROJECT 42010.039 ITEM CONTRACT AWARD CONTRACT TO DATE NO DESCRIPTION UNIT EST. UNIT PRICE TOTAL ACTUA UNIT PRICE EXTENDED QUANT ADJ. QTY. L QTY. TOTAL PRICE + _ Stoplight Croton(Full,3 gallon,24"x24",Florida 73 Fancy,2'on centers} EA 230 $ 7.44 $ 1'791'20 231 $ 7 44 $ 1,718.fi4 $ 7-44 Variegated Blueberry Flax Lily(Full,I gallon,5-7 74 plants per pot,12"height,12"on centers) EA 4,042 $ 3.98 $ 16,087.16 4,004 $ 8.98 $ 15,935.92 $ (151.24} nt Wart Fern(Full,I gallon,6"height minimum,l2" 2 75 on centers) FA 697 $ 3,98 $ ,734.26 679 $ 3.38 $ 2,702,42 $ (31.84) 76 Wax Jasmine(Full,S gallon 2'x2',Tor centers F-A 16 $ 7.28 $ 116.48 0 $ 728 $ - $ (116,48) Wax Privet(200 gallon,10'specimen Florida Fancy) EA 6 $ 579.06 6 $ 3,474.36 $ 579.06 $ 3,474.36 $ 77 Yesterday,Today&Tomorrow(Full,3 gallon $ 597 75 $ 797 $ 597.75 $ 78 2'x2',2'on . centers} EA 75 $ 7.97 _ 75 - 79 3.5'Wide(4"Thick)Concrete Sidewalk L.F 153 $ 9.56 $ 9,462.68 159 $ 9.56 $ 1,520,04 $ 5736 TOTAL ORIGINAL CONTRACT AWARD $976,767,82 $941,059.01 ($35,708.8[) CHANGE ORDER NO.2 1 FINAL-BREAKDOWN Quantity Adjustments(above) $ (35,708.81) Testin CFrar ebacics:Densi Test Failure Charges-8 Failures $20.00/test=$160;Trip Charges-3 Trips e,$55-$165 ($325.00) CHANGE ORDER NO,21 FINAL $ 3fi,fl33.81 GRAND TOTAL FINAL CONTRACT AMOUNT $_ 940,734.01 CHANGE ORDER NO.2 I FINAL SUMMARY Original Contract Award $976,767.82 Final Contract to Date $940,734.01 CHANGE ORDER NO.21 FINAL ($361033-81 'Change Order No.1 was paid out of the Unforeseen Conditions Ahowan;.z Page 4 of 4 CITY ON DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 2010-039 DATE: PROJECT TITLE: SW 2 St.Beautification TO CONTRACTOR: Mancil's Tractor Service,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: A twenty-three(23)day contract time extension;which includes(14)days needed to complete additional concrete sidewalk removal and replacement; and additional driveway aprons; in the amount of S 13,691.34; and (2) days-needed for weather delays; cost to be paid oat of the contract's Unforeseen Conditions Allowance; scope will provide a more uniform appearance, resolve potential liability concerns and protect roadway paving.Costs are detailed on the attached Exhibit"A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $976,767.82 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED S .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $976,767.82 COST OF CONSTRUCTION CHANGES THIS ORDER $ .00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $976,767.82 PERCENT DECREASE THIS CHANGE ORDER 0.01/10 TOTAL PERCENT DECREASE TO DATE 0.0% TOTAL CONTRACT TIME WILL BE INCREASED BY 23 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opmi jp ,m accurate and that the prices quoted are fait and reasonable. I !A�.,k ; 0 y Mancil's Tractor Service,Inc t (Contractor to sign&sear TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER � L� Funding is available from account; NIA—Will be paid out of Contract's Unforeseen Conditions Allowance DEPARTMENT FUMING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental S "ces or A S : APPROVED: - By: , -- -,�Wity Attorney 1611Y Cily cGie k 5:1Eng Adn&\ProjectsMlo12olM3950FFICFAUC01]Mils addl scope contract time ext GC 020414 dog . ct Mandl"s Tractor Service, Inc. 'We mpm the Earth' Sfo Contradar_Eadhafk Raadmys,War andDraulap 4 551 8E Hampbn Q,SItrart FL 3499T -Phone f772j 2ss-0951 FaX(r/4 W&098,3 ALLOWANCE PROPOSAL #6 MJECT NAMa SW 2W STREET IIU MVEMENTS DATE 11U2014 PER PLANS_CIVII_.PLANS SU-BMITTCE RAFAEL BALLESTERO VLRSII NIDATE:TIRDUCH ADDENDUM 2 PHONE-553-243-7nD ENGINEER:V"TMAN GROUP,INC. Ei AIL E�If ern nyCJ.efr2l+baa Dorn WE RESPECTFIJI-LY SU BWY THE FOLLOWING PROPOSAL ACODRDING 70 T+-E REt2UEST-D AOII'3TT10AtAL SIDEWALKS AND DRWEWA.Y A€'RONSTO SE ADDED TOTHE SCOPE OFTHE SW ZNID STREET PROJECT. ADDITIOXAL SIDEWALKS AND DRIVE"WM APRONS ITEM AFSC:RIPTI€N UNIT t QTY UNIT COST TOTAL 1 A013MONAL MOT RENTALS AND SETUPS LS 1 $750,00 $750-Da 2' ADOMONAL SURVEY LAYOUT AND ASBUILTS L5 I $I,000_0D $1,0wA0 3 DEMOI REMOVE EXISTING CONCRETE SIDEWALK SY 1;56 S2{1i10 !Z3,120200 4 6 WIDE(4"THICK)CORCRETE SIDEWALK LF 250 $14A0 $3,5 00 5'WIDE(V'THIM CONCR17F SIDEWALK LF SD $i7_I30 Wa Cool 5 1EXCAVATE ANi]PREPARE SUBGRADE FOR APRONS Sf 950 sub X50.00 7 10ONCRETE DRIVEWAY APRON(S"THICK,6 APRONS-IBO SF EACH 5F I J950 $3.75 $3—w A. 8 JINCIlEASEQ,BOND AAiFCaLII+IT(BASED OIL BOND RATE OF 1.5°f) LS 1 $2D2,34 $202-34 TOTAL I CONTRACT"I"lIIfJE NOTE: TIME PROPOSED WORK AWN ABOVE WILL REWIRE T iZ ADDMON OF 14 CALENDAR DAYS TO BE ADDED TO THE CONTRACT CONTRACT COST NOTE: ITEMS 4,5 AND 7 SHOWN ASE ARE BASED ON CONTRACT LtN.iT PRICM TERMS&CONDITIONS- THIS CHANGE ORDER t55MIECT TO THE.SAAnE TERM:SAND ti ANDITI076 C)FTHEPROJECTCQtjt7` AO RE5PELTfr[J YSUSi1+nTf-DIM, ACUPTM 13Y: MAKE DON R.MANCII,J.R. DATE Page I of I SW. IrTH Aw N £ y N N.W. 4TH SW. 147H AVE � D KX n z l 1371 S.W. 1M1 12TH T7ff!M . A z T� n N.W, 117H AVE r a � N.W IaTH 5 W. 7fli31 AVE. IE w. ti YL 9TY1 v SYL 9TH ASE �+ 9TH dR S.W. 8TH dillik z a N.W SW. m z s.w. cTH Ati� � u.w. m 'm H.W SW. 5R{ AVc. Arc N.W SW. klH 2 A m w N.W. N.W. 2Nm Ea SW. 2ND AV, s �1TI N.W. 1 15 s w i N a r A V E u CITY of DELRAY BEACH SW 2 ST SEAUT FI CATS ON DATE 05/05,2030 La Q; EOM ENTAL SERVICES DEPARTMWT S54 S011IH swKroN AVBNF tr:LMY 8EAcK FLOMA 334" w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: July 3, 2014 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF JULY 15,2014 CONTRACT FOR CONSULTING AND PROFESSIONAL SERVICES/CENTER FOR ENTERPRISE OPPORTUNITY/COMMUNITY REDEVELOPMENT AGENCY(CRA) BACKGROUND The City Commission at the April 1, 2014 meeting approved to rescind its original award to International Enterprise Development, Inc. (IED) made on March 18, 2014, and allowed staff to modify its current scope of service to include additional technical assistance with the management of the program in a new contract with Center for Enterprise Opportunity(CEO). The Micro Enterprise Program is designed to provide technical assistance and training to businesses and residents within the CDBG and CRA target areas. At least 51% of the jobs created must be made available to or held by low-moderate-moderate income persons. The funding of$50,000 provided under this Agreement is from Community Development Block Grant (CDBG) and the Community Redevelopment Agency(CRA). Center for Enterprise Opportunity will provide the following specified business services and performance measures: 1. Assist microenterprises defined as commercial enterprises that have five or fewer employees, one or more of whom owns the enterprise (24 CFR 570.3). 2. Conduct community outreach initiatives and provide resource needs assessments within the Delray Beach CDBG and CRA Target areas. Outreach will include churches, community centers, library, civic and neighborhood associations, etc. 3. Provide monthly small business training seminars aimed at assisting businesses start, grow and succeed (at no cost to clients), and two (2) CORE FOUR(32 hours training annually). 4. Provide one-on-one consultations to individual clients to include technical assistance, advice, and business support services to owners of microenterprises and persons developing microenterprises (24CFR 570.201(o)(1) located in the City of Delray Beach. 5. Provide business assistance, which results in the creation of a minimum of two (2) Full Time Equivalent (FTE)jobs, where 1 FTE = 2,080 hours of employment per year or 2 or more job positions that together total 2,080 hours per year for a wage or salary equal to or better than minimum wage, as determined by the U.S. Department of Labor. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub-recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. This item is the final component of a $250,000 micro lending program funded jointly by the City ($25,000), the CRA ($125,000) and a CDBG grant ($100,000). Other components were approved by the Commission on May 1, 2013 and June 13, 2013. In addition to its direct funding, the City will provide, at no incremental cost, training facilities and legal services. DISCUSSION The item before Commission is to approve the Micro Enterprise Technical Assistance Consulting Agreement with Business Loan Fund of the Palm Beaches, Inc., d/b/a Center for Economic Opportunity (CEO) in the amount of fifty-thousand dollars ($50,000). OPERATING COST Community Development Block Grant(CDBG) 118-1965-559-49.59 $25,000 Community Redevelopment Agency(CRA) 118-1930-559-49.59 $25,000 TIMING OF THE REQUEST There is no time-sensitivity to this request. FUNDING SOURCE Community Development Block Grant(CDBG) 118-1965-559-49.59 $25,000 Community Redevelopment Agency(CRA) 118-1930-559-49.59 $25,000 RECOMMENDATION Staff recommends approval and execution of the attached Micro Enterprise Technical Assistance Consulting Agreement with Business Loan Fund of the Palm Beaches, Inc., d/b/a Center for Economic Opportunity (CEO) in the amount of fifty-thousand dollars ($50,000). CONTRACT FOR CONSULTING/PROFESSIONAL SERVICES This Contract is made as of the day of 2014 (the "Effective Date"), by and between CITY/CRA of Delray Beach, a Municipality of the State of Florida, by and through its CITY/CRA Commissioners, hereinafter referred to as the CITY/CRA/CRA, and Business Loan Fund of the Palm Beaches, Inc. d/b/a Center for Enterprise Opportunity, a not-for-profit Florida Corporation, hereinafter referred to as the CONSULTANT, whose Federal I.D. is 00-0000000. In consideration of the mutual promises contained herein, the CITY/CRA and the CONSULTANT agree as follows: ARTICLE 1 - SERVICES The CONSULTANT'S responsibility under this Contract is to provide professional/consulting services in the area of microenterprise development meeting the U.S. Department of Housing and Urban Development's definition of microenterprise (24 CFR 570.201(o)(1)) and meeting a national objective in that at least 51% of the jobs created through this Contract must be held by, or made available to low- and moderate- income persons, as more specifically set forth in the Scope of Work detailed in Exhibit"A". The CITY/CRA'S representative/liaison during the performance of this Contract shall be Ferline Mesidort, Neighborhood Service Administrator, telephone number (561) 243-7280, email mesidortPme d�ybeach.com. The CONSULTANT'S representative/liaison during the performance of this Contract shall be Lia Gaines, Executive Director of the Center for Enterprise Opportunity telephone number (561) 478-2337, email, lia@ceoventures.org. ARTICLE 2 - SCHEDULE The CONSULTANT shall commence services on July 17, 2014 and complete all services by July 16, 2015. This contract may be renewed for up to two (2) additional terms of one (1) year each subject to the advanced approval by both Consultant and the City Commission. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibit"A". ARTICLE 3 - PAYMENTS TO CONSULTANT A. The total amount to be paid by the CITY/CRA under this Contract for all services and materials including, if applicable, "out of pocket" expenses shall not exceed a total contract amount of Fifty Thousand Dollars ($50,000.00). The CONSULTANT shall notify the CITY/CRA's representative in writing when 90% of the "not to exceed amount" has been reached. The CONSULTANT will bill the CITY/CRA on a quarterly Consultant Contract FY2013/2014 1 basis, in twelve (12) equal payments of Four Thousand One Hundred Sixty-Six Dollars and Sixty-Seven Cents ($4,166.67). Invoices shall be accompanied by a monthly status report as required by Exhibit "A", and fully executed copies of Exhibit"B", Exhibit"C", Exhibit"D"and Exhibit"E". B. Invoices received from the CONSULTANT pursuant to this Contract will be reviewed and approved by the CITY/CRA's representative, to verify that services have been rendered in conformity with the Contract. Approved invoices will then be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the CITY/CRA representative's approval. C. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY/CRA. This shall constitute CONSULTANT'S certification that all services have been properly performed and all charges and costs have been invoiced to Palm Beach CITY/CRA. Any other charges not properly included on this final invoice are waived by the CONSULTANT. D. The CONSULTANT hereby covenants and agrees to comply with the job creation goals established in Exhibit "A" for the term of the Contract. If for any reason the CONSULTANT fails to comply with the job creation requirements, the CONSULTANT shall repay the full value of this grant, unless otherwise approved by CITY/CRA. The provisions of this clause shall survive the expiration of this Contract. ARTICLE 4 -TRUTH IN NEGOTIATION CERTIFICATE Signature of the Contract by CONSULTANT shall also act as the execution of a truth-in- negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the CONSULTANT'S most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the CITY/CRA determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY/CRA shall exercise its rights under this Article 4 within three (3) years following final payment. ARTICLE 5 - TERMINATION This Contract may be terminated by the CONSULTANT upon sixty (60) days prior written notice to the CITY/CRA's representative in the event of substantial failure by the CITY/CRA to perform in accordance with the terms of this Contract through no fault of the CONSULTANT. It may also be terminated, in whole or in part, by the CITY/CRA, with or without cause, upon thirty (30) days prior written notice to the CONSULTANT. Unless the CONSULTANT is in breach of this Contract, the CONSULTANT shall be paid for services Consultant Contract FY2013/2014 2 rendered to the CITY/CRA'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the CITY/CRA the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work to the CITY/CRA. ARTICLE 6 - PERSONNEL The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY/CRA. All of the services required hereinunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. Any changes or substitutions in the CONSULTANT'S representative must be made known to the CITY/CRA'S representative and written approval must be granted by the CITY/CRA's representative before said change or substitution can become effective. The CONSULTANT warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. All of the CONSULTANT'S personnel (and all Subcontractors) while on CITY/CRA premises will comply with all CITY/CRA requirements governing conduct, safety and security. ARTICLE 7 - SUBCONTRACTING The CITY/CRA reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. The CONSULTANT is encouraged to seek additional small business enterprises for particular in subcontracting opportunities. If the CONSULTANT uses any subcontractors on this project the following provisions of this Article shall apply: If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, this CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the CITY/C RA. Consultant Contract FY2013/2014 3 The CONSULTANT agrees to abide by all provisions of the CITY/CRA's Micro Lending Program and understands that failure to comply with any of the requirements will be considered a breach of contract. The CONSULTANT understands the requirements to comply with the tasks and proportionate dollar amounts throughout the term of the Contract as it relates to the uses. The CONSULTANT will only be permitted to replace a certified SBE subcontractor who is unwilling or unable to perform. Such substitutions must be done with another certified SBE in order to maintain the SBE percentages established in this CONTRACT. Requests for substitutions of SBE's must be submitted to the CITY/CRA's representative and to the Office of Small Business Assistance. The CONSULTANT shall be required to submit to the CITY/CRA Schedule 1 (Participation of SBE-M/WBE Contractors) and Schedule 2 (Letter of Intent) to further indicate the specific participation anticipated, where applicable. The CONSULTANT agrees to maintain all relevant records and information necessary to document compliance any revisions thereto, and will allow the CITY/CRA to inspect such records. ARTICLE 8 - FEDERAL AND STATE TAX The CITY/CRA is exempt from payment of Florida State Sales and Use Taxes. The CITY/CRA will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the CITY/CRA, nor is the CONSULTANT authorized to use the CITY/CRA'S Tax Exemption Number in securing such materials. The CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this contract. ARTICLE 9 -AVAILABILITY OF FUNDS The CITY/CRA'S performance and obligation to pay under this contract for subsequent fiscal years are contingent upon annual appropriations for its purpose by the CITY/CRA Commissioners. ARTICLE 10 - INSURANCE A. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. CONSULTANT shall agree to provide the CITY/CRA with at least ten (10) day prior notice of any cancellation, non-renewal or material change to the insurance coverages. The requirements contained herein, as Consultant Contract FY2013/2014 4 well as CITY/CRA'S review or acceptance of insurance maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. B. Commercial General Liability CONSULTANT shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by CITY/CRA's Risk Management Department. CONSULTANT shall provide this coverage on a primary basis. C. Business Automobile Liability CONSULTANT shall maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Accident for all owned, non-owned and hired automobiles. In the event CONSULTANT doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall provide this coverage on a primary basis. D. Worker's Compensation Insurance & Employers Liability CONSULTANT shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall provide this coverage on a primary basis. E. Professional Liability CONSULTANT shall maintain Professional Liability or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Each Claim. When a self-insured retention (SIR) or deductible exceeds $10,000, CITY/CRA reserves the right, but not the obligation, to review and request a copy of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT shall maintain a Retroactive Date prior to or equal to the effective date of this Contract. The Certificate of Insurance providing evidence of the purchase of this coverage shall clearly indicate whether coverage is provided on an "occurrence" or "claims - made" form. If coverage is provided on a "claims - made" form the Certificate of Insurance must also clearly indicate the "retroactive date" of coverage. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplement Extended Reporting Period (SERP) during the life of this Contract, CONSULTANT shall purchase a SERP with a minimum reporting period not less than 3 years. CONSULTANT shall provide this coverage on a primary basis. F. Additional Insured CONSULTANT shall endorse the CITY/CRA as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "CITY/CRA of Delray Beach. a Municipality of the State of Florida, its Officers. Employees and Agents." CONSULTANT shall provide the Additional Insured endorsements coverage on a primary basis. Consultant Contract FY2013/2014 5 G. Waiver of Subrogation CONSULTANT hereby waives any and all rights of Subrogation against the CITY/CRA, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement to the policy, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others and City/CRA, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which specifically prohibits such an endorsement, or which voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis. H. Certificate(s) of Insurance Prior to execution of this Contract, CONSULTANT shall deliver to the CITY/CRA'S representative as identified in Article 26, a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum ten (10) day endeavor to notify due to cancellation or non-renewal of coverage. The certificate of insurance shall be issued to: CITY/CRA of Delray Beach c/o Ferline Mesidort Community Improvement Department Neighborhood Service Division 100 NW 1St Avenue North Delray Beach, Florida 33444 I. Umbrella or Excess Liability If necessary, CONSULTANT may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for Commercial General Liability, Business Auto Liability or Employer's Liability. The CITY/CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form"basis. J. Right to Review CITY/CRA, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. CITY/CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. Consultant Contract FY2013/2014 6 ARTICLE 11 - INDEMNIFICATION CONSULTANT shall protect, defend, reimburse, indemnify and hold CITY/CRA, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their performance of the terms of this Contract or due to the acts or omissions of CONSULTANT. ARTICLE 12 - SUCCESSORS AND ASSIGNS The CITY/CRA and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the CITY/CRA nor the CONSULTANT shall assign, convey or transfer its interest in this Contract without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY/CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY/CRA and the CONSULTANT. ARTICLE 13 - REMEDIES This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 14 - CONFLICT OF INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The CONSULTANT further represents that no person having any such conflict of interest shall be employed for said performance of services. The CONSULTANT shall promptly notify the CITY/CRA's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULTANT'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the Consultant Contract FY2013/2014 7 CITY/CRA as to whether the association, interest or circumstance would, in the opinion of the CITY/CRA, constitute a conflict of interest if entered into by the CONSULTANT. The CITY/CRA agrees to notify the CONSULTANT of its opinion by certified mail within thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY/CRA, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the CITY/CRA shall so state in the notification and the CONSULTANT shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY/CRA by the CONSULTANT under the terms of this Contract. The CONSULTANT shall require each of its employees, directors and agents to complete an executed public disclosure, in writing, under oath and subject to the penalties prescribed for perjury, on the form attached hereto as Exhibit "B" disclosing the name and address of every employee, director or agent having a beneficial interest in any projects recommended by CONSULTANT to CITY/CRA for all projects recommended by CONSULTANT to the CITY/CRA. Beneficial Interest forms shall be submitted to the CITY/CRA prior to any project being recommended to the CITY/CRA. ARTICLE 15 - EXCUSABLE DELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONSULTANT or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon the CONSULTANT'S request, the CITY/CRA shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT'S failure to perform was without it or its subcontractors fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly, subject to the CITY/CRA'S rights to change,terminate, or stop any or all of the work at any time. ARTICLE 16 -ARREARS The CONSULTANT shall not pledge the CITY/CRA'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CONSULTANT shall deliver to the CITY/CRA's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the CITY/CRA under this Contract. Consultant Contract FY2013/2014 8 To the extent allowed all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY/CRA or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the CITY/CRA'S prior written consent unless required by a lawful court order. All data base, reports and other data developed, or purchased, under this Contract for or at the CITY/CRA'S expense shall be and remain the CITY/CRA'S property and may be reproduced and reused at the discretion of the CITY/CRA. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. Notwithstanding any other provision in this Contract, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the City of Delray Beach, as may be amended. ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the CITY/CRA. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT'S sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the CITY/CRA shall be that of an Independent Contractor and not as employees or agents of the CITY/CRA. The CONSULTANT does not have the power or authority to bind the CITY/CRA in any promise, agreement or representation. ARTICLE 19 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 20 -ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after Consultant Contract FY2013/2014 9 completion or termination of this Contract. The CITY/CRA shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of business. ARTICLE 21 - NONDISCRIMINATION The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression. ARTICLE 22 -AUTHORITY TO PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the CITY/CRA's representative upon request. ARTICLE 23 - SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 24 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this contract or performing any work in furtherance hereof, the CONSULTANT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 25 - MODIFICATIONS OF WORK The CITY/CRA reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT of the CITY/CRA'S notification of a contemplated change, the CONSULTANT shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY/CRA of any estimated change in the completion date, and (3) advise the CITY/CRA if the contemplated change will affect the CONSULTANT'S ability to meet the completion dates or schedules of this Contract. Consultant Contract FY2013/2014 10 If the CITY/CRA so instructs, in writing, the CONSULTANT shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the CITY/CRA'S decision to proceed with the change. If the CITY/CRA elects to make the change, the CITY/CRA shall initiate a Contract Amendment and the CONSULTANT shall not commence work on any such change until such written amendment is signed by the CONSULTANT and approved and executed on behalf of CITY/CRA. ARTICLE 26 - NOTICE All notices required in this Contract shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the CITY/CRA, notices shall be addressed to: Lula Butler, Director Community Improvement Department Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 With copy to: Noel Pfeffer, Esq. CITY/CRA Attorney's Office 100 NW 1St Avenue Delray Beach, Florida 33444 If sent to the CONSULTANT, notices shall be addressed to: ARTICLE 27 - ENTIRETY OF CONTRACTUAL AGREEMENT The CITY/CRA and the CONSULTANT agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 25 - Modifications of Work. ARTICLE 28 - REGULATIONS: LICENSING REQUIREMENTS: The CONSULTANT shall comply with all laws, ordinances and regulations applicable to the services contemplated herein including those applicable to conflict of interest and collusion. CONSULTANT is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. Consultant Contract FY2013/2014 11 ARTICLE 29- CITY/CRA LOBBYIST REGISTRATION ORDINANCE The CONSULTANT and its board members shall be prohibited from lobbying as defined under the Palm Beach County Lobbyist Registration Ordinance, Ordinance 2003-018 (effective July 1, 2003) for any project under consideration by the CITY/CRA. ARTICLE 30- FEDERAL REQUIREMENTS A. The CONSULTANT shall ensure that all activities funded under this Contract meets one of the following national objectives; low/moderate limited clientele; low/moderate income jobs, or low/moderate income area benefit. B. The CONSULTANT shall ensure that at least 51% of the jobs created must be made available to or held by low-moderate-moderate income persons. The funding provided under this Contract is from CITY/CRA Community Development Block Grant (CDBG) funding. When CDBG funds are used to carry out activities for the purpose of creating jobs, the requirement is met by aggregating the jobs created by all micro enterprises for which CDBG assistance is obligated for such activities during the Contract term (24 CFR 580.483). C. Where CDBG funds are used to carry out activities in a census tract and/or block group with poverty rates of at least 20%, it is a presumption that the jobs created qualify as low to moderate income (24 CFR 570.208 (a)(4)(v)(A). D. The CONSULTANT shall complete the environmental review and clearance procedures of which the activity is a part, as set forth in 24 CFR Part 58. E. The CONSULTANT shall certify that, at least 51% of all jobs created will be held by low and moderate income persons, as most recently defined by the U.S. Department of Housing and Urban Development (HUD). Low and moderate income status is based on the person's income and household size at the time of hire and is not affected by subsequent raises or promotions. F. The CONSULTANT shall maintain proper documentation to verify compliance with 24 CFR 570.901. G. The consultant shall maintain at least fifty-one (51) percent of the jobs created under the terms of this Contract, must be for residents who reside in Delray Beach. THE REMAINDER OF THE PAGE LEFT BLANK INTENTIONALLY Consultant Contract FY2013/2014 12 Consultant Contract FY2013/2014 13 IN WITNESS WHEREOF, the CITY/CRA of Delray Beach, Florida has made and executed this Contract on behalf of the CITY/CRA and CONSULTANT has hereunto set its hand the day and year above written. ATTEST: CITY/CRA DELRAY BEACH, FLORIDA, By: By: CITY/CRA Clerk Cary D. Glickstein, Mayor WITNESS: CONSULTANT: By: By: Signature Print Name: Title: (Print or Type Name) (corp. seal) APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: By: CITY/CRA Attorney Director, Community Improvement Department Consultant Contract FY2013/2014 14 EXHIBIT "A" SCOPE OF SERVICES A.- Business Services for Micro enterprises The CONSULTANT has been awarded CDBG/CRA funds to assist with Microenterprise technical assistance and training to businesses for eligible residents and businesses in Delray Beach. Services shall be provided at various venues in Delray Beach. At least 51% of the jobs created must be made available to or held by low-moderate-moderate income persons. The funding provided under this Contract is from CITY/CRA Community Development Block Grant (CDBG) funding. When CDBG funds are used to carry out activities for the purpose of creating jobs, the requirement is met by aggregating the jobs created by all microenterprises for which CDBG assistance is obligated for such activities during the Contract term (24 CFR 580.483). 1. Business Loan Fund of the Palm Beaches, Inc., dba Center for Enterprise Opportunity, shall provide the specified business services and performance measures below: a. Assist micro enterprises defined as commercial enterprises that have five or fewer employees, one or more of whom owns the enterprise (24 CFR 570.3). b. Conduct community outreach initiatives and provide resource needs assessments within the Delray Beach CDBG and CRA Target areas. Outreach will include churches, community centers, library, civic and neighborhood associations, etc. C. Provide twice-monthly small business training seminars aimed at assisting businesses start, grow and succeed. (no cost to clients) d. Provide one-on-one consultations to individual clients to include technical assistance, advice, and business support services to owners of micro enterprises and persons developing microenterprises (24CFR 570.201(o)(1) located in the CITY/CRA of Delray Beach. e Provide business assistance that results in the businesses assisted creating a minimum of two W Full Time Equivalent (FTE) jobs where 1 FTE = 2080 hours of employment per year or two or more job positions that together total 2,080 hours per year for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. The CONSULTANT will request that assisted businesses register said jobs with and consider applicants Consultant Contract FY2013/2014 15 referred by Palm Beach County Workforce Alliance. A sole proprietorship working full time, and partnerships with each partner working full time, may also be considered as FTEs. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). 2. Business Loan Fund of the Palm Beaches, Inc., dba Center for Enterprise Opportunity, shall provide deliverables: a. Each seminar/session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminar/session). b. Provide any additional project information or statistics that may be requested by HUD or the CITY. C. Maintain a valid Data Universal Numbering System (DUNS) number and System for Award Management (SAM) registration for the entire period of agreement. d. Loan intake underwriting, processing and servicing (with costs to be charged to clients and made a part of the loan). e. Report all client loan payments to the three (3) major credit bureaus: Experian, Equifax, and TransUnion. f. A Board of Directors to review all loan applications and recommend approval of qualified applicants. g. CONSULTANT shall provide a detailed monthly report to be accompanied by each invoice, which shall include at a minimum the following information: i. Name of Company ii. Company Address iii. Industry Type (NAICS Code) iv. Census Tract or Block(If poverty rate is 20% or higher) V. Number of Employees & Initials vi. Job Title vii. Employee Zip Codes viii. Date Hired ix. Salary at Time of Hire X. Full Time or Part Time Consultant Contract FY2013/2014 16 xi. Low-Moderate Income Level xii. Present Employee xii. Date Terminated xv. For Jobs Created During Contract Period: Name of Company, Full Time or Part Time, Employee Initials, Job Title, Employee Address, PCN, Date of Hire, Salary at Time of Hire, Family Household Income, No. of Household, Low-Moderate Income Level, Present Salary, Present Employment and Date of Termination. B. City shall provide: 1. Loan Funds; 2. Marketing and outreach to the public; 3. The use of up to ten (10) laptop computers to be used for training seminars; and 4. A room with wireless access and a projector to be used for training seminars; S. An attorney to handle the loan closing. Consultant Contract FY2013/2014 17 EXHIBIT "B" LETTERHEAD STATIONERY DATE: TO: Ferline F. Mesidort, NS Administrator Community Improvement Department 100 NW 1St Avenue Delray Beach, Florida 33444 FROM: Business Loan Fund of the Palm Beaches, Inc., dba Center for Enterprise Opportunity SUBJECT: Reimbursement Request No.- Contract No.- -------------------------------------------------------------------- -------------------------------------------------------------------- Attached, you will find Invoice # requesting reimbursement for $ The expenditures for this invoice covers the period of through . You will also find attached, a cumulative monthly report relating to the expenditures being involved. Approved for Submission: Consultant Contract FY2013/2014 18 v � o v a E W C d VI d a m m c v v a o vO y E m 3 c > J J O O t O y Z = T O t E w o �y G C i f6 = v o N _ N � N E O F M d y7 2 E i o f6 U Z v F N m � N 2 5 X O ri W � C u v O r Z O U a v U O H d Q d O O. E W d � F � O _ H Q f6 W � ri o a .-I N m t m lD 1-, 00 m cy N m m- l0 c-I 1'c-I 00 Ol c-I O Il.-I N m 7 7 l0 c-I c-I c-I c-I c-I c-I c-I N N N N N N N O 0 C) N T LL C U Q � E O C U `O C 7 C O V E \ \ c [ = A \ \ � \ ) {� S / \\ \ b � § / ) w / j ( � \ \ e p ( E C \w ° � Q , I = \ ( _ / / ¥ E- 00 % \ : § e bj \ \\ § I ( / a b / ) j \ \ ( § @ § E \ EXHIBIT"E" Record of Employee Hiring for HUD and Economic Development Compliance Oct.1,2013 thru Sept.30,2014 (Business Name) Employee Name: Employee Home Address and Parcel Control Number: The first two digits of the 17 digit Parcel Control Number(PCN)xx-xx-xx-xx-xx-xxx-xxxx help to find out if the location is in or outside the Palm Beach CITY/CRA Entitlement area. If the first two digits of the PCN are 06 or 08 or 12 or 74,then the location is outside the Palm Beach CITY/CRA Entitlement area. The first two digits of the PCNs for the following cities are: Boca Raton: 06 Boynton Beach: 08 Delray Beach: 12 West Palm Beach: 74 Job Title: Salary: Fringe Benefits: Date of Hire: Date of Termination: _ __ Still Employed:YES or NO Media Income 3 4 b b 1 8 Income Limit Person Person Person Person Person Person Person Person Category 63,300 Extremely PROGRAM Low 13,750 15,700 17,650 19,600 21,200 22,750 24,350 25,900 TYPES (0-30%) Vert/Low (31 -50%) 22,900 26,150 29,400 32,650 35,300 37,900 40,500 43,100 CDBG/DRI 0� (51L UAN 52,300 56,500 60,700 64,900 69,050 Please circle below income status at time of Hire: Signature of Employer and Employee Date OR Number of Persons in Household: Family/Household Income: Identify documentation used to establish very-low,low and moderate income status at time of hire. Retain copies of that documentation in CONSULTANT files for three (3)years for future CITY/CRA or Federal Audits. Specify documentation: Signature of Employer and Date______ Consultant's Contract FY2013/2014 21 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: July 2, 2014 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF JULY 15,2014 SERVICE AUTHORIZATION NO.07/CB&I COASTAL PLANNING&ENGINEERING,INC. BACKGROUND The City of Delray Beach has one of the most successful beach maintenance and preservation programs in the United States. Prior to 1973, beach erosion was so severe that portions of State Road AlA had collapsed into the Atlantic Ocean. In 1973, the City embarked on a program, supplemented by Federal, State and County funding, to renourish and maintain the eroded beach. Since 1973, the beach has been successfully maintained by the City. The lifespan of each successive maintenance effort has increased with the 2013 beach renourishment project occurring eleven years following the last project constructed in 2002. The City completed its fifth beach renourishment project in 2013, and a Hurricane Sandy storm repair beach renourishment project was recently completed for the north end of the City, outside of the 2013 renourishment project area. The State of Florida project permit requires that a comprehensive post- construction physical beach monitoring study be conducted as a permit condition, including an engineering evaluation of the monitoring results with a report. CB&I Coastal Planning and Engineering, Inc. (CB&I), Wa Coastal Planning and Engineering, Inc., as amended, provided a proposal in the net amount of$76,490.00 for performing professional services as required by Florida Department of Environmental Protection (FDEP) permit. CB&I have been the City of Delray Beach's beach renourishment engineers of record since 1987 and have intimate knowledge in the process required to ensure the City receives all matching funds. The one year undertaking includes coordinating with Local, County, State and Federal Agencies, project planning, budget projections, funding acquisition assistance and other associated administrative tasks. In compliance with the Physical Monitoring Plan of the FDEP permit for the project, topographic (onshore) and bathymetric (offshore) surveys of the beach and offshore will be conducted. The monitoring data will be used to assess, with quantitative measures, the performance of the beach replenishment projects. The monitoring data will provide the City and the FDEP information necessary to plan for the next beach renourishment project, evaluate the beach performance and optimize the design of the next beach renourishment project. FDEP requires the submission of said findings and report within 90 days following the completion of the one year post-construction survey; CB&I will conduct this task. The engineering report will address the 2014 physical monitoring results and will summarize and discuss the project performance since completion of the beach renourishment projects; the report is due to FDEP by November 2014. Most of the aforementioned scope of work qualifies for cost sharing through the Beach Management Funding Assistance Program. On June 9th 2014, the Florida Department of Environmental Protection agency approved a reimbursement amount of $46,593.00 for this task. The attached scope of work outlines the personnel that will be utilized for these tasks and estimated hours and related fee schedules. The tasks are explained in detail in the attached correspondence from Coastal Planning and Engineering, Inc. The proposed fee for this task is not to exceed$76,490.00. The Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract between CB&I Coastal Planning & Engineering, Inc. and the City of Delray Beach dated June 1, 1987; copy attached within. Current fees for the tasks are consistent with industry standards and all of the aforementioned pursuant to Florida Statues 287.055 (1) (g) (A) Consultants Competitive Negotiation Act. The recommendation for award is in compliance with Code of Ordinances Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (C) "Direct Acquisition Method" (3) "Professional Services". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. In the future, this contract should leave sufficient time for a proper procurement process, including identification of alternative vendors. DISCUSSION This is a request for City Commission to approve Service Authorization No. 7 with CB&I Coastal Planning and Engineering, Inc. in the amount of $76,490.00 for professional services related to post beach renourishment FDEP permit requirements. TIMING OF THE REQUEST This is a time sensitive item. In addition to the post construction report deadline this fall, the City of Delray Beach as the Permittee must satisfy various in-process deadlines regarding criteria determination and ranking for future Local Government Funding Requests (LGFR); on June 9, 2014 the City received official notice that submissions are due no later than August 4, 2014, CB&I has included this task within this proposal. FUNDING SOURCE Funding is available from 332-4164-572-31.30 (Beach Restoration Fund-Professional Services/Engineering). RECOMMENDATION Staff recommends approval of Service Authorization No. 7 CB&I Coastal Planning and Engineering, Inc. in the amount of$76,490.00 for post construction phase scope of services. CONSULTING SERVICE AUTHORIZATION DATE: 10th June 2014 CONSULTANT: CB&I Coastal Planning &Engineering, Inc. SERVICE AUTHORIZATION FOR CONSULTING SERVICES,No. 7 CITY P.O.NO. CITY EXPENSE CODE 332-4164-572-31.30 CITY PROJECT NO. 12-070 CONSULTANT PROJECT NO. TITLE: 2014 Delray Beach,Fifth Beach Renourishment Project, One Year Post Construction Monitoring This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract between CB&I COASTAL PLANNING & ENGINEERING, INC. and the CITY OF DELRAY BEACH dated June 1, 1987. SCOPE OF SERVICES: The following tasks are included in this scope of services: 1. Program Administration: Program administration includes State and Federal agency coordination and reporting, City meetings as required, project planning, budget projections, funding acquisition assistance and other associated administrative tasks. 2. One Year Post-Construction Physical Monitoring Survey: In compliance with the Physical Monitoring Plan of the Florida Department of Environmental Protection (FDEP) permit for the project, topographic (onshore) and bathymetric (offshore) surveys of the beach and offshore in Delray Beach will be conducted during the summer of 2014. The monitoring data will be used to assess, with quantitative measurements, the performance of the beach replenishments projects. The monitoring data will provide the City and the FDEP information necessary to plan for the next renourishment project, evaluate the beach performance and optimize the design of the next beach renourishment project. The one-year post-construction monitoring event will consist of topographic and bathymetric surveys of the beach to include both the 2013 and 2014 beach replenishment areas, and to approximately one mile north and south of the combined project limits, as required by the FDEP permit. a. Topographic & Bathymetric Surveys (Beach Offshore Profile Surveys): The one-year post-construction topographic and bathymetric profile surveys of the beach and offshore will be conducted in the summer of 2014, as required by the FDEP project permit. The monitoring surveys will include published FDEP beach profiles lines (reference monuments) within the Delray Beach fill area and will include twenty-two (22) FDEP profile lines from R-171 to R192. All profile surveys will extend offshore a minimum of 3,000 ft. or to the -30 ft. (NAVD) contour. Page 1 of 10 All work activities and deliverables shall be conducted in accordance with the March 2004 BBCS Monitoring Standards for Beach Erosion Control Projects, Sections 01000 and 01100. 3. One-Year Post-Construction Engineering Performance Evaluation and Report: We will develop and submit the post-construction engineering report to the FDEP within 90 days following completion of the one year post-construction survey, as required by the permit. The engineering report will address the 2014 physical monitoring results and will summarize and discuss the project performance since completion of the beach renourishment projects. BUDGET: The fee to provide the service contained in this proposal is $76,490.00 as set forth in Exhibit "A" attached hereto. COMPLETION DATE: September 30, 2015 Page 2of10 ATTEST: CB&I COASTAL PLANNING& ENGINEERING, Inc. By: Print Name: Print Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 201 ,by (name of officer or agent, title of officer or agent) of (name of Corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produce (type of identification) as identification and did (did not) take an oath. Witness my hand and seal in the County and State aforesaid this day of , 201 Notary Public State of Florida My Commission Expires: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein,Mayor Approved as to Legal Sufficiency City Attorney Page 3 of 10 CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBI.com April 25, 2014 Mr. Bob Diaz Construction Manager City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 RE: City of Delray Beach, Fifth Beach Renourishment Project; Services for Program Administration, One Year Post-Construction Physical Monitoring and Reporting Dear Mr. Diaz: Please accept this proposal for beach renourishment program administration, physical monitoring and engineering evaluation/reporting for the City of Delray Beach, Fifth Beach Renourishment Project and recently completed storm damage repair beach project. The City of Delray has one of the most successful beach maintenance and preservation programs in the United States. Prior to 1973, beach erosion was so severe that portions of State Road A1A had collapsed into the Atlantic Ocean. In 1973, the City embarked on a program, supplemented by Federal, State and County funding, to renourish and maintain the eroded beach. Since 1973, the beach has been successfully maintained by the City. The lifespan of each successive maintenance effort has increased with the 2013 beach renourishment project occurring eleven years following the last project constructed in 2002. The City completed its fifth beach renourishment project in 2013, and a Hurricane Sandy storm repair beach renourishment project was recently completed for the north end of the City, outside of the 2013 project area. The State of Florida project permit requires that a comprehensive post-construction physical beach monitoring study be conducted as a permit condition, including an engineering evaluation of the monitoring results with a report. We will assist the City with post-construction requirements related to project administration and post-construction performance evaluation. This scope of services provides the required engineering services for the post-construction phase of the project and will be performed under the terms and conditions of the Agreement between the City and CB&I Coastal Planning & Engineering, Inc. (CB&I), f/k/a Coastal Planning & Engineering, Inc., as amended. The scope of services of this proposal includes the following general services: 1. Program_ Administration Program administration includes State and Federal agency coordination and reporting, City meetings as required, project planning, budget projections, funding acquisition assistance and other associated administrative tasks. 2. One Year Post-Construction Physical Monitoring Survey: In compliance with the Physical Monitoring Plan of the Florida Department of Environmental Protection (FDEP) permit for the project, topographic (onshore) and bathymetric (offshore) surveys of the beach and offshore in Delray Beach will be conducted during the summer of 2014. The monitoring data will be used to assess, with quantitative measurements, the performance of the beach replenishment projects. The monitoring data will provide the City and the FDEP information necessary to plan for the next renourishment project, evaluate the beach performance and optimize the design of the next beach renourishment project. s The one-year post-construction monitoring event will consist of topographic and bathymetric surveys of the beach to include both the 2013 and 2014 beach replenishment areas, and to approximately one mile north and south of the combined project limits, as required by the FDEP permit. a. Topographic &Bathymetric Surveys[Beach Offshore Profile Surveys): The one-year post-construction topographic and bathymetric profile surveys of the beach and offshore will be conducted in the summer of 2014, as required by the FDEP project permit. The monitoring surveys will include published FDEP beach profile lines (reference monuments) within the Delray Beach fill area and will include twenty-two (22) FDEP profile lines from R-171 to R-192. All profile surveys will extend offshore a minimum of 3,000 ft. or to the -30 ft. (NAVD) contour. All work activities and deliverables shall be conducted in accordance with the March 2004 BBCS Monitoring Standards for Beach Erosion Control Projects, Sections 01000 and 01100. 3. One-Year Post-Construction Engineering Performance Evaluation and Report: We will develop and submit the post-construction engineering report to the FDEP within 90 days following completion of the one year post-construction survey, as required by the permit. The engineering report will address the 2014 physical monitoring results and will summarize and discuss the project performance since completion of the beach renourishment projects. Assumptions and Summary It is assumed that the report will be submitted to the FDEP by November 2014. The cost to provide the described services is a lump sum of $76,490. A detailed cost estimate spreadsheet for the services proposed is included with this proposal. If you should have any questions, please call me. Sincerely, Thomas P. Pierro, P.E., D.CE. Vice President CB&I Coastal Planning & Engineering, Inc. cc: Debbie Neese, CB&I Jeff Andrews, PSM, CB&I Rick Spadoni, CB&I Michelle Pfeiffer, P.E., CB&I Tara Brenner, P.G., CB&I CITY OF DELRAY BEACH, FL FEE PROPOSAL FOR 2014 BEACH RENOURISHMENT ENGINEERING SERVICES PROGRAM ADMINISTRATION, ONE YEAR POST-CONSTRUCTION PHYSICAL MONITORING ENGINEERING EVALUATION AND REPORT April 25, 2014 PREPARED BY: CB&I COASTAL PLANNING&ENGINEERING,INC. Z a 0 00 C W I er O H U N N N ti qw fR Yl� H) D J Q II N ~ Z p U w W W� W Z C� w CO) rn o� a Z CL U) C) Cl) C) M Q W 6% Ni V Z w U v3 css OC _z W �O 0 Z w o rn rn LO LO C Oc cc Ln Z L w V N N N ti J Z EA 613 64 Ef1, LL W LU V w Z � off m Q WO 0 � yz � a m Q W a H J Z a O0 � OZoo Da J IL 0 H w Oa a > Q W G0. N a a U) z0 LL O W Z) LL O Z w ad W o O Z O V W V 0 Q r 1= z w Q O O N a °° w 2 z () O W O U) z w Q a H z O w W a a z m Q w o c� > a w 2 w N W p a z O Z O O O U U H 5 Z !L d O Z wO U) N z a Z O Q Q w z O Y N Cl) 1i ~ a CITY OF DELRAY BEACH 2014 BEACH RENOURISHMENT ENGINEERING SERVICES FEE PROPOSAL FOR PROGRAM ADMINISTRATION, ONE YEAR POST-CONSTRUCTION PHYSICAL MONITORING ENGINEERING EVALUATION AND REPORT LABOR, EQUIPMENT&DIRECT COST RATES PREPARED BY: CB&I COASTAL PLANNING & ENGINEERING, INC. January 1,2014 to LABOR RATES(HOURLY) December 31,2014 Principal Engineer $228 Expert Witness(Testimonv) $228 Senior Proiect Manager $207 Proiect Manager $177 Prooram Manaaer $158 Senior Coastal Enqineer $177 Coastal Enqineer III $146 Coastal Engineer II $128 Coastal Engineer 1 $105 Coastal Modeler $128 Professional Survevor&Mapper $128 HvdrograDher $117 Survevor $93 Survey Technician $83 Senior Marine Biologist $_137 Marine Biologist II $93 Marine Biologist 1 $70 Professional Geoloqist $128 Geologist III $128 Geologist II $117 Geologist 1 $93 Senior CAD Operator $146 CAD Operator $105 GIS Operator $105 Boat Captain $83 Bookkeeper $83 Clerical $70 Technician $57 Enqineer Intern $49 EQUIPMENT RATES(DAILY) Survey Boat 24' $790 Truck(Road Use Der mile) $_0.565 RTK GPS $495 GPS Integrated Underwater Video Camera $435 SCUBA Tanks(Nitrox) $19 Dive Eouioment and Insurance $75 Heave, Pitch&Roll Compensator $215 Speed of Sound Velocitv Meter $63 HVDack/DredaePack Navigation Svstem $260 Odom Hvdrotrack Sounder $165 X-Star Chirp 512i Seismic Profiling System $1.150 Seismic Profiler Thermal Printer $130 Edaetech 4200 FS Sidescan Sonar Svstem $695 Geometric G-881 Maqnetometer $215 Enclosed 18'Trailer $78 Nikon Level/Tripod/Rod $65 Digital Camera $10 All Terrain Vehicle $105 Sonar Wizard Map Seismic Data Processing Package $155 DIRECT COSTS-Actual Cost plus 10% Actual Cost Dlus 10% 1.10 O O 0 0 O CO N Go FD 0 0 C3 E2 0 Ol 0 (00 to A) w cr Z 0 Z A2 < c z 0 0 m 0 cl� U) 10 Q m W 2? 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D w ui U) U- 0 Z z z af w K LU w 0 0 Of 0 > uj D- D- o F- w w uj w 0 n z D (D Z w w w ui 0 U) z 0 0 0 -j 0. z z z z fw- 0 ui z z 0 W D- Z Z 0 Z o < I.- z uj 0 0 co z p z n a >- w I.- R P = 0 0 5 ( < }o U) (D Z w ::) :) 0 0 z Z z 0 F- Z w Z z Z- < 0 0 LLJ LLJ z Z LU 0 0 goo .� 89 2 < 0MMI.- CL U) (D 0 0) ) F- F- a.0 z LU 0 LU LU 0 0 CL ui w o LLI W (D a: uj z , (D w z z z w 0 0 < :Z5 (ED (D CL Lu (D w m uj 0 z z uj a) o < a- m >- CL F- m z z IL cd �6 ts -d 0 ci .6 0 Cd md d Lu LLJ 0 w LL, 6 Florida Department of Memorandum Environmental Protection DATE: June 9, 2014 TO: Bob Diaz, City of Delray Beach CC: Randal Krejcarek, City of Delray Beach CC: Tara Brenner, CB&I FROM: Robert Buda, Beach Management Funding Assistance Program PROJECT: Delray Beach Nourishment SUBJECT: Scope of work review for Year One Post Construction Monitoring Surveys and Final Engineering Report 2014 The scope of work, City of Delray Beach, Fifth Beach Renourishment Project;Services for Program Administration, One Year Post-Construction Physical Monitoring and Reporting, April 25, 2014,with a total cost of$76,490 has been reviewed for cost sharing by the Beach Management Funding Assistance Program. The total eligible cost for completion of this work is$46,593 and is approved for state cost sharing at 50% of the non-federal share. The effective date for this approval is May 5, 2014. The scope of work must be executed in a formal agreement prior to the submittal of a reimbursement request. Payment cannot be made until receipt and acceptance of the deliverable(s) as stated in the executed contract by the required deadline. Deliverables shall meet contractual requirements and applicable permit conditions. Deliverables are subject to review prior to payment. If there are additional questions, please send email to rob.buda @dep.state.fl.us or call (850) 245-8348. 4818.52 12/2/86 AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND COASTAL PLANNING & ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES THIS IS AN AGREEMENT made as of, between the CITY OF DELRAY BEACH, KORIDA hereinafter referred to as CITY and COASTAL PLANNING & ENGINEERING, INC. of Boca Raton, Florida hereinafter referred to as ENGINEER. With the assistance of the ENGINEER, the CITY intends to: (1) enouris the CITY eaches n a continuing basis, restore the beaches for s —protection and recreation, maintain and vegetate dunes and qualify for Federal, State and County funds. (2) Update the coastal management element of their comprehensive plan as required by F.S. 163 and 9J-5 F.A.C. (3) Construct, maintain and repair marine structures including, but not limited to bridges, seawalls, outfalls and marinas, bulkheads, docks, and other marine structures. This Agreement is intended to be a continuing contract pursuant to Florida Statute 287.055 as amended by FS 86-204. CITY and ENGINEER, in consideration of their mutual covenants, herein agree in respect to the performance of professional engineering and surveying services by ENGINEER and the payment of those services by CITY as set forth below. ENGINEER shall provide services for CITY in all phases of the projects to which this Agreement applies, serve as CITY's professional representative for the projects as set forth below and shall give professional consultation and advice to CITY during the performance of services hereunder. 1 ENGINEER shall perform professional services as hereinafter stated which include customary civil, structural, coastal and marine related engineering services and customary environmental and planning services incidental thereto (Exhibit B lists exclusions). The approval of this contract will serve as the ENGINEER'S notice to commence work on Offshore Sand Search and Hydrographic Surveys (Section 1 .1 ), Study and Report Phase (Section 1 .2) and the Evaluation Appraisal Phase of the Coastal Management Element (Section 2.2). It is understood that any authorization for ENGINEER to commence the remainder of the various classifications of services herein covered shall be given to ENGINEER by City Engineer or City Manager or appointed agent of the CITY. i SECTION 1 - BASIC SERVICES OF ENGINEER 1.1 Offshore Sand Search and Alternate Sand Evaluation. In conjunction with the renourishment project planned for the summer of 1990, the ENGINEER will perform a series of geotechnical investigations (further described in Exhibit A). The purpose of these investigations is to locate beach quality sand for beach nourishment. The ENGINEER will study alternate sand sources which could also be used for beach nourishment. Sand search studies and surveys for renourishments after 1990 will be considered additional services. The details of the alternate sand study are further described in Exhibit A. 1.2 Study and Report Phase. 1.2.1 After authorization to proceed, ENGINEER shall consult with CITY to define the CITY'S proposed project, after which ENGINEER shall study and analyze the project, and prepare a report discussing relevant considerations regarding the project; its problems and its solutions. The specific elements of this phase are described in Exhibit A. 1.2.2 The Study and Report Phase services will be completed and the report submitted within 360 calendar days following authorization from CITY to ENGINEER to proceed with that phase of services. 1.3 Preliminary Design Phase. 1.3.1 After authorization to proceed with the Preliminary Design Phase, ENGINEER shall submit all necessary applications and reports to governmental agencies involved with the project; prepare the preliminary design documents, General Design Memorandum; and, compute the probable costs of the project. The specific elements of this phase are described in Exhibit A. 2 1.3.2 The Preliminary Design Phase services will be completed and ENGINEER's documentation and opinion of costs shall be submitted within 365 calendar days following authorization from CITY to ENGINEER to proceed with that phase of services. 1.4 Final Design Phase. 1.4.1 After authorization to proceed with the Final Design Phase, ENGINEER shall prepare the final drawings and specifications, and other related contract documents in a form ready for bidding, and give a revised opinion of the project's cost. The specific elements of this phase are described in Exhibit A. 1.4.2 The Final Design Phase services will be completed and contract documents and ENGINEER's opinion of costs submitted within 160 calendar days following authorization from CITY to ENGINEER to proceed with that phase of services. Bidding B' d 1.5 an Negotiation Phase. After authorization to proceed with the Bidding and Negotiations Phase, ENGINEER shall assist the CITY with the bidding process and submit a recommendation as to the best bid. 1.6 Construction Phase. During the Construction Phase, ENGINEER shall advise CITY and act as CITY's, representative, during the construction of the project. The ENGINEER shall make visits to the site, at intervals appropriate to the various stages of construction, to observe as an experienced and qualified design professional, the progress and quality of the executed work of the contractor and to determine in general if such work is proceeding in accordance with the contract documents. The specific elements of this phase are described in Exhibit A. SECTION 2 - COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN SERVICES OF ENGINEER 2.1 General The ENGINEER shall prepare the text of a report and maps and figures required by 9J-5.012 Coastal Management Element. The ENGINEER shall also assist the CITY in development of goals, objectives and policies through participation in workshop meetings. The CITY acknowledges that the ENGINEER will be working with CITY approved Land Planner and Traffic Consultant by subcontract to assist in the preparations of these reports. The CITY hereby approves the firms of Solin and Associates, Inc. and Walter H. Keller, Jr. , Inc. as acceptable subcontractors for 3 r the Coastal Management Element. A list of technical evaluationsto be performed is included in Exhibit A. The scope and details of required studies will be identified in the Evaluation and Appraisal Phase. The work will be divided into three (3) phases as follows: 2.2 Evaluation and Appraisal Phase October 1986 - April 1987 This will include a detailed evaluation of existing studies and data resources that will be used in the evaluations. The ENGINEER will prepare an Evaluation and Appraisal Report (EAR) to establish how well the existing coastal management element has met goals and objectives, deficiencies and implementation shortcomings. An analysis will be made of the sufficiency of the data and the need for additional (new) studies and inventories. A review will be made of the existing coastal element to establish where condition changes or law revisions necessitate additional studies and planning efforts. A detailed plan of study will be developed for the preparation, processing and improvement of the coastal management element. 2.3 Inventory and Analysis Phase April 1987 - April 1988 Detailed inventories and analysis will be made in this Phase. Meetings will be held as needed and called for by the CITY to discuss results and possible goals and objectives. Technical elements of these studies are listed in Exhibit A. 2.4 Goals, Policies and Implementation Strategies Phase April 1988 - August 1989 During this Phase, goals and policies will be drafted and discussed in a number of public hearings. Decisions will be incorporated into a final Coastal Management Element, drafted by the ENGINEER and reviewed by the City Attorney's office. j SECTION 3 - MARINE RELATED DESIGNS 3.1 The ENGINEER will assist the CITY by providing inspection services and design services for CITY maintained structures upon the written request of the CITY. These services will be considered additional services for which a fee will be negotiated at the time of authorization. 4 i i SECTION 4 - ADDITIONAL SERVICES 4.1 General. If authorized in writing by CITY, ENGINEER shall provide such additional services as shall be defined at the time of their authorization, including such services as making applications for Federal, State and County grants and performing all the related processing of agreements as may be required; conducting various investigations and feasibility studies; performing general engineering consultation and special studies; and conducting resident inspection during construction. Additional services include but are not limited to those described in Exhibit B. The purpose of Exhibit B is to further define those services which are not considered customary civil structural, coastal and marine related engineering and/or environmental and planning services; the services listed in Exhibit B are not included in the basic services contract. 4.1.1 The following additional services are anticipated to be required. This work has not been negotiated at contract signing because of undetermined scope or length of time delay before services will be required: 4.1 .1 .1 Construction surveys including control, prepay and pay surveys. 4.1 .1.2 Environmental monitoring and evaluations. 4.1.1.3 Turbidity monitoring and evaluations. 4.1.1.4 Travel outside Palm Beach County for permit and funding approvals. 4.1 .1 .5 Annual beach and hydrographic surveys and studies following construction. 4.1.2 It is the intent of the CITY to negotiate a price for additional services with the ENGINEER at the time that these services are required. SECTION 5 - PERIOD OF SERVICE 5.1 The provisions of this Section 5 and the various rates of compensation for ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of each project. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts and construction of each project including extra work and required extensions thereto. I 5 I 5.2 If ENGINEER's services for design or during construction of each project are delayed or suspended in whole or in part by the CITY for more than three (3) months for reasons beyond ENGINEER's control, ENGINEER shall, on written demand to CITY (but without termination of this Agreement), be paid as provided in Paragraph 7.5.2. If such delay or suspension extends for more than one (1) year for reasons beyond ENGINEER's control, or if ENGINEER for any reason is required to render services more than one (1) year after substantial completion, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. 5.3 In the event that the work designed or specified by ENGINEER is to be performed under more than one prime contract, CITY and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or Negotiating and Construction Phases in order to sequence and coordinate properly such services as applicable to the work under such separate contracts. This schedule is to be prepared whether or not the work under such contracts is to proceed concurrently. SECTION 6 - TERMINATION FOR ANY REASON WITH OR WITHOUT CAUSE 6.1 Notwithstanding Section 51 it is the understanding and intent of the parties that either party has the right to terminate the contract between the parties upon thirty (30) days written notice to the other party with or without cause. a. Complete termination. A complete termination will be effective to terminate all of ENGINEER's services as well as the CITY'S future obligations under this contract. Either party may give notice of complete termination. This includes future services not yet reflected by a written authorization form and also services which have been authorized by a written authorization form. Termination can be exercised by either party with or without cause. b. Partial termination as to services which are reflected by a written authorization - services which have been authorized by a specific written authorization may nonetheless be terminated by either party. The partial termination hereunder may be for one or more such authorizations at any particular time. Termination can be exercised by either party with or without cause. C. Partial termination as to future services which are not reflected by a written authorization form. Either party may also give the other party notice of termination as to future services or any portion thereof, which at the time of partial termination have not been authorized by execution of a written authorization form. 6 • A partial termination may involve a combination of the types of partial terminations set forth in 6.1(b) and 6.1(c) above. A partial notice of termination .in and of itself is not intended by either party, unless otherwise specified in the notice, to affect the continuing nature of the contract between the parties. Either party may give a partial notice of termination subject however to the right of the other party to make termination complete. In the event CITY exercises its right to terminate (either partially or completely) the services of ENGINEER because CITY desires to employ the competitive selection process, then ENGINEER shall have the opportunity to participate in the competitive selection process to the same extent as any other applicant. Upon complete termination or a partial termination as in 6.1(b) above where services have been performed or reimburseable costs incurred, and as a condition precedent to settlement, each party shall properly execute and deliver to the other a mutual general release (or partial release if pertaining to a partial termination only) of all claims and demands of any nature whatsoever against either party by the other, arising under or by virtue of the contract between the parties, and/or any work authorizations executed by the parties. These releases shall preserve the right of the ENGINEER to receive payment for work performed and the right of CITY to hold ENGINEER accountable for work performed. Upon termination and the exchange of releases referred to above, ENGINEER shall be paid for all authorized services rendered up to the date of termination, which it is understood shall be effective thirty (30) days after the receipt of the written notice of termination. ENGINEER shall also be paid for reasonable authorized costs incurred up to the date of termination, provided those costs are the type of which CITY is contractually obligated to pay ENGINEER in the normal performance of engineering services under this contract between the parties and are not costs which may be specially occasioned or incurred because of the termination of the contract between the parties. SECTION 7 - PAYMENTS TO ENGINEER 7.1. For offshore sand search and alternate sand evaluations (Section 1 .1 ) the CITY will pay the ENGINEER $150,000. 7.2. For Basic Services for erosion control, beach nourishment and dune construction (Sections 1.2 - 1 .6), CITY shall pay ENGINEER as follows: 7 _ f a i 7.2.1 CITY will pay ENGINEER as compensation for Services described in Sections 1.2 - 1 .6. a fee computed as a percentage of the entire construction cost, or estimated cost of construction in accordance with the following schedule: Construction Cost under 500,000 9.2% 600,000 8.9% 1,000,000 8.5% 21000,000 8.2% 3,000,000 7.4% 41000,000 7.0% .51000,000 6.6% 7,000,000 and above 6.4% 7.3 The Coastal Management Element. 7.3.1 The CITY shall pay the ENGINEER a lump sum amount of $50,000, for services detailed in Section 2.21 Evaluation and Appraisal Phase. Partial payments will be based on the ENGINEER'S estimate of percent complete. 7.3.2. Compensation for work following the Evaluation and Appraisal Phase will be based on the scope of services identified in the Evaluation and Appraisal Phase and negotiated with the City by the ENGINEER before initiating work on subsequent phases. 7.4. Additional Services 7.4.1 The City can direct the ENGINEER at any time to proceed with additional work after receiving a letter which outlines that work with a written estimate from the ENGINEER. The CITY has the option of authorizing additional services as lump sum or hourly contracts. 7.4.2 For Additional Services. CITY shall pay ENGINEER for Additional Services rendered under Section 4 as follows: 7.4.2.1 General. For Additional Services other than those relating to special subcontracting consultants, CITY shall pay ENGINEER on the basis of Direct Labor Costs times a factor of 2.75 plus expenses (see Section 7.4.3) or an agreed upon lump sum amount. 7.4.2.2 Special Subcontracting Consultants. For services and reimburseable expenses of special subcontracting consultants employed by ENGINEER, CITY shall pay ENGINEER the amount billed to ENGINEER thereupon times a factor of 1.15. 8 7.4.3. For Reimburseable Expenses. In addition to payments provided for in paragraphs 7.4.1 and 7.4.29 CITY shall pay ENGINEER the actual costs of all Reimburseable Expenses incurred in connection with Additional Services times a factor of 1 .05. 7.4.4. Equipment costs and service charges. CITY shall pay ENGINEER for equipment costs and service charges as follows: Trisponder System DMU & Transponders $400.00/day Trisponder Printer 50.00/day 24' Research & Survey Boat 400.00/day Three-wheel drive ATC 100.00/day Jet Pump 50.00/day Turbidimeters 10.00/day U/W Video Camera (w/lights) 350.00/day U/W Video Camera (w/o lights) 200.00/day Raytheon 719B Fathometer 100.00/day Computer, Wang PC 30.00/hour Printing Costs a. 2x3 blueprint 1.50/sheet b. 2x3 mylar 5.00/sheet c. xerox copy .10/sheet Equipment costs and service charges are subject to change on an annual basis. 7.4.5 Serving as a Witness. For the services rendered by principals and employees as consultants or witnesses on behalf of the CITY in any litigation, hearing or proceeding compensation will be at an hourly rate as provided for in paragraph 7.4.2.1 . 7.5 Times of Payments. 7.5.1 ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimburseable Expenses incurred. The statements will be based upon ENGINEER's estimate of the proportion of the total services actually completed at the time of billing. CITY shall make prompt monthly payments in response to ENGINEER's monthly statements. 9 7.5.2 Upon conclusion of each phase of Basic Services, CITY shall pay such additional amount, if any, as may be necessary to bring total compensation paid on account of such phase to the following percentages of total compensation payable for all phases of Basic Services: Percentage of total fees due Phase on completion of each Phase Study and Report 25% Preliminary Design 35% Final Design 20% Bidding or Negotiation 5% Construction 15% Total 100% During the Study and Report, Preliminary Engineering, and Final Engineering Phases, these amounts will be based on ENGINEER's estimate for construction. Once a construction contract is awarded the construction contract amount will be used to compute total engineering compensation. The difference in the compensation thus computed (if any) will be due ENGINEER (or credited to the City) at the time of the award of the construction contract. 7.3 Other Provisions Concerning Payments. 7.3.1 If CITY fails to make any payment due ENGINEER for services and expenses within sixty days (60) after receipt of ENGINEER's bill therefor, the amounts due ENGINEER shall include a charge at the rate of 1 112% per month from said sixtieth day, and in addition, ENGINEER may, after giving seven (7) days written notice to CITY, suspend services under this Agreement until he has been paid in full all amounts due ENGINEER for services and expenses. 7.3.2 In the event of termination by CITY under Paragraph 6.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by CITY during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of Direct Labor Cost times a factor of 2.75 for services rendered during that phase to date of termination by principals and employees assigned to the project. In the event of any such termination, ENGINEER will be paid for unpaid Additional Services and unpaid Reimburseable Expenses directly attributable to termination, which shall include an amount computed as a percentage of total compensation for Basic Services earned by ENGINEER to the date of termination, as follows: 10 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commencement of the Final Design Phase; or 10% if termination occurs after commencement of the Final Design Phase. 7.4 Definitions 7.4.1 Direct Labor Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all personnel engaged directly on the project, including but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical personnel, stenographers, typists and clerks; but does not include indirect payroll related costs or fringe benefits. Direct Labor Costs are subject to change on a six (6) month basis. CITY will be notified of said change and be given an opportunity to terminate the Contract or accept the revised fees and continue all services. If a written response is not received within thirty (30) days of submittal it will be mutually understood that CITY has elected to continue the Contract. 7.4.2 Reimburseable Expenses mean the actual expenses incurred directly or indirectly in connection with the project for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); furnishing and maintaining field office facilities; subsistence and transportation of resident project representatives and their assistants; toll telephone calls and telegrams; reproduction of reports; drawings specifications and similar project related items in addition to those required under Section 1; and, if authorized in advance by CITY, overtime work requiring higher than regular rates. SECTION 8 - CONSTRUCTION COST AND OPINIONS OF COST 8.1 Cost and opinions of cost will be as defined in Exhibit C. SECTION 9 - CITY'S RESPONSIBILITIES 9.1 CITY's responsibilities are defined in Exhibit D. 11 SECTION 10 - PROHIBITION AGAINST CONTINGENT FEES 10.1 ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for ENGINEER, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ENGINEER, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. SECTION 11 - GENERAL CONSIDERATIONS AND SPECIAL PROVISIONS 11.1 Provision for the reuse of documents, successors and assigns, arbitration, indemnification of CITY and insurance are provided for in Exhibit E. 11 .2 Exhibits. 11 .2.1 Exhibit A, "Further Description of Basic Engineering Services , and Related Matters" consisting of 10 pages. 11 .2.2 Exhibit B, "Additional Services of the Engineer" consisting of 5 pages. 11 .2.3 Exhibit C, "Construction Cost and Opinions of Cost" consisting of 2 pages. 11 .2.4 Exhibit D, "City's Responsibilities" consisting of 2 pages. 11 .2.5 Exhibit E, "General Considerations and Special Provisions" consisting of 4 pages. 11.3 This Agreement (consisting of pages 1 to 12 inclusive), together with Exhibits and schedules above constitute the entire Agreement between CITY and ENGINEER and supersede all prior written or oral understandings. This . Agreement and said Exhibits and schedules may only be amended, supplemented, modified or cancelled by a duly executed written instrument.. 11.4 Should any section or provision of this contract any portion, paragraph, sentence or word be declared unenforceable by any court or arbitration panel such decision shall not affect the remainder of the contract other than the part declared to be invalid. 12 IN WITNESS WHEREOF, the parties hereto have adl and executed this Agreement as of the day a e s bove itten. COAST P N NGINE ING, INC. By: Th as J. e , P. E. residen (CORPORATE SEAL) ATTEST: Secretary STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the foregoing instrument, this /9 Of ag,E , 19--a2, was acknowledged by Thomas J. Campbell, a duly authorized officer of COASTAL PLANNING & ENGINEERING, INC., on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this /'q day of d"14 C N , 19_(:�7. Notary Public State of Flor a My Commission Expires: ouLlic, State of Florida My Coaiaiissioa Expires Oct. 3£E, 1987,, (SEAL) Bonoun Ihtu Twy ruin•Insuranco,IOG CITY DELRAY BEACH, FLORIDA ATTEST: City lerk APP OVED AS TO FORM: City Attorney 13 i EXHIBIT A TO AGREEMENT BETWEEN CITY OF DELRAY BEACH AND COASTAL PLANNING & ENGINEERING, INC. FOR PROFESSIONAL SERVICES, FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS 1. This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on between CITY OF DELRAY BEACH, FLORIDA (CITY and COASTAL PLANNING & ENGINEERING, INC. (ENGINEER) providing for professional services. The Basic Services of ENGINEER as described in Section 1 of the Agreement are amended or supplemented as indicated below and the time periods for the performance of certain services as indicated in Section 4 of the Agreement are stipulated as indicated below. 2. Offshore Sand Search and Alternate Sand Evaluations. The City plans to undertake an offshore sand search to expand its present borrow area and locate suitable sediment. In addition, the City plans to evaluate the use of inland borrow sites and aragonite sand (a recommendation of DER) for their renourishment program. The offshore sand search will consist of conducting seismic surveys, side-scan and, bathymetric surveys; vibracoring and jet probes; and, magnetometer survey to identify suitable sand sources. The search area will include portions of the previous borrow area and expand the existing area north and south to the City limits and landward approximately 200 feet (Figure 1). The edge of the reef will be located to create an adequate setback for dredging. Vibracore samples will be analyzed for sand grain size, silt content and rock content. Probes will be used to evaluate rock layers (if any) and confirm seismic results. Bathymetric surveys will locate previous dredge holes to develop minimum and maximum depth requirements. A report will be prepared summarizing the results and delineating new borrow areas. The Alternate Sand Source Study will locate and evaluate the use of inland borrow sites for future nourishment projects. The study will also look at the use of aragonite as a potential source of nourishment sand. Costs for use of each of the inland sites will be determined including transportation costs and possible road repair costs. The quantities available at each site will be computed. The logistics of getting the sand to the beach and spread on the beach will be evaluated. A-1 I . 1 0 a °W+ C� RRm 1 W•1 i 2 Q Q N O RTH o m W I I r 1 o+ I N N 77870 6 00000 LI ITS oo 0 w PROP SED SAND SEARCH R A N778,000 R1 Z 1973 Q BORROW AREA 16 A R-179 W 0 O W o ATLANTIC AVENUE N774,000 LLI Q a= M R-181 M < J a F- N IL P R-162 ? t' 2 N772,000 UJ W Z LL a • I N � is I z 2 4 I I 0 Q O r 0 V R-184 f- 2700'! rC j m M. Q n O 1 400' t N 1978 1 I c 3 2.1 W 6 1984 at BORROW W AREA UI r 1 3 R486 I Z ' N 768,000 Z rran� *187 1 V u p J r I w L az n t N766,000 ry C,] R 188 O w —It? I U R 189 z DATE „ N764.000 7-83 2 BY n HS/mk SCALE 1"i 2000' COMM.NO REEF EDGE PER FISLIAL 481826 SURVEY MAY 1,1 84 SHEET g` REEF AS LOCA ED BY INDIC TES LOCATION OF E VIRONMENTAL SEISMIC S EY • MON RING SMTIONS N762,000 REVISED FIGURE I REVISED EVISED 6-18-84 ']':)'7'-84 A-2 REVISED 3-5-84 REVISED 4-17-84 1 3. During the Study and Report Phase ENGINEER shall: a. Analyze long-term erosion control options; beach restoration, groins, breakwaters. b. Evaluate costs for maintaining the beach using various erosion control er i options. C. Establish long-term maintenance program considering remaining offshore sand and alternate sand availability and performance of erosion control structures. d. Establish mixing zone requirements for seasonal dredging with various fill sources. e. Establish procedures and programs to be used in the engineering and economic analysis for the General Design Memorandum. f. Assist the City in extending the Federal authority through phone contacts and letters. 4. During the Preliminary Design Phase ENGINEER shall: a. Prepare and submit items required by State and Federal law as listed on application forms for permit applications for a beach restoration project to the Department of Environmental Regulation, U.S. Army Corps of Engineers, and the Deparment of Natural Resources. Respond to two requests for additional information and follow-up with agencies. b. Apply to State of Florida, Bureau State Lands for Dredge Fee Waiver and Offshore Borrow Area Easements. c. Analyze isopach and bathymetric charts to locate offshore borrow areas. d. Develop preliminary construction plans necessary for permit application and in determining project construction cost estimates. e. Compute project cost estimates. f. Calculation of overfill volume and renourishment rates. g. Prepare the General Design Memorandum to be submitted to the Corps of Engineers (to qualify for Federal funding). i A-3 5. During the Final Design Phase ENGINEER shall: a. Prepare final construction plans. b. Prepare final specifications for construction project. c. Make final responses and follow-ups with permit and funding agencies. 6. During the Construction Phase ENGINEER shall: as Consult with and advise CITY and act as his representative as provided in Articles 1 through 17, inclusive, of the Standard General Conditions of the Construction Contract No. 1910-8, (1978 edition). The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be modified, except to the extent provided in this Exhibit and Exhibit B of this contract or except as ENGINEER may otherwise agree in writing. All of CITY's instructions to Contractors(s) will be issued through ENGINEER who will have authority to act on behalf of CITY to the extent provided in said Standard General Conditions except as otherwise provided in writing. b. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the progress and quality of the executed work of Contractor(s) and to determine in general if such work is proceeding in accordance with the contract documents. ENGINEER shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of such work. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and program incident to the work of Contractor(s). ENGINEER's efforts will be directed toward providing a greater degree of confidence for CITY that the completed work of Contractor(s) will conform to the contract documents. During such visits and on the basis of onsite observations, Engineer shall keep the City informed of the progress of the work, shall endeavor to guard the City against defects and deficiencies in such work and may disapprove or. reject work failing to conform to the contract documents. A-4 c. Review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions) and samples, the results of tests and inspections and other data which each Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the contract documents (but such review and approval or other action shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions and programs incident thereto) ; determine the acceptability of substitute materials and equipment proposed by Contractor(s) ; and receive and review (for general content as required by the Specifications) maintenance and operating instruction, schedules, guarantees, bonds and certificates of inspection which are to be assembled by Contractor(s) in accordance with the contract documents. d. Issue all instructions of CITY to Contractor(s); issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare change orders as required; have authority, as CITY's representative, to require special inspections or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. e. Based on ENGINEER's on-site observations as an experienced and qualified design professional and on review of applications for payment and the accompanying data and schedules, determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts; such recommendations of payment will constitute a representation to CITY, based on such observations and review, that the work has progressed to the point indicated, that, to the best of ENGINEER's knowledge, information and belief, the quality of such work is in accordance with the contract documents (subject to an evaluation of such work as a functioning Project upon Substantial Completion, to the results of ; any subsequent tests called for in the contract documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Contractor(s) ; but by recommending any payments ENGINEER will not be deemed to have made an examination to assert how or for what purposes A-5 any Contractor has used the monies paid on account of the Contract Price, or that title to any of the work, materials or equipment has passed to CITY free and clear of any lien, claims, security interest or encumbrances, or that Contractor(s) have completed their work exactly in accordance with the contract documents. f. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the work has been completed in accordance with the contract documents and if each Contractor has fulfilled all of his obligations thereunder so that ENGINEER may recommend, in writing, final payment to each Contractor and may give written notice to CITY and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice shall be subject to the limitations expressed in Paragraph 6.e. of this Exhibit. g. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractors' or subcontractors' agents or employees or any other person (except ENGINEER's own employees and agents) at the site or otherwise performing any of the Contractors' work; however, nothing contained in paragraphs 6.a. thru 6.f. of this Exhibit, inclusive, shall be construed to release ENGINEER from liability for failure to properly perform duties undertaken by him in the contract documents. 7. Coastal Management Element of the Comprehensive Plan The following is an outline of areas where technical services will be required. A supplement will be developed to this section during the Evaluation and Appraisal Phase to identify the level of service requirements and procedures to be followed to carry out this work. 7.1 Inventory of Natural and Manmade Coastal Resources 7.1.1 . Inventory coastal resources pursuant to the coastal management element requirement of Chapter 163.3177(6)(g), FS, and pursuant to Section 9J-5.012(1 ) of the proposed DCA Rule, including but not limited to: (a) Inventory data on ground water quality in South Florida Water Management District (SFWMD). I A-6 (b) Inventory and update data on coastal wetlands, vegetative communities, flood plain, hurricane high-hazard areas based on Federal Flood Insurance Rate Maps, water recharge areas, existing cones of influence, and waterwells with assistance from the SFWMD and the DER. Also coordinate with the soil conservation services. (c) Inventory existing and potential future public access routes to beach and shore resources. (d) Work with the State and local historic society and other historic preservation interest groups to determine significant historical resources and coastal management policy implications. 7.1 .2 Debrief staff, other consultants working on the Comprehensive Plan, local officials, as well as the State DER, DNR, and the SFWMD representatives. 7.1 .3 Review local regulations for managing issues underlying natural resource conservation. 7.2 Analyze Policy Implications of the Future Land Use Element 7.2.1 Work with the City staff and/or consultants, preparing the Land Use Element in order to ascertain environmental, socio-economic, and fiscal impacts of development and redevelopment proposed within the Future Land Use Plan. 7.2.2 Coordinate with the City staff and/or consultants preparing the public facilities element of the Comprehensive Plan in order to determine infrastructure policy implications generated by existing and proposed land use. In addition, this analysis will include assessing the potential impacts of development and infrastructure improvements on natural and historic resources within the coastal area. 7.2.3 Assess policy implications required to mitigate impacts of development and redevelopment on coastal wetlands, living marine resources, barrier islands, including the beach and dune system, unique and wildlife habitats, historical and archeological sites, and other fragile coastal resources. 7.3 Analyze Impacts of Surface Water Management and Drainage On Coastal Resources 7.3.1 Coordinate with the City staff and/or consultants responsible for the public facilities element and the land use element of the Comprehensive Plan in order to determine the impact of point source and nonpoint source pollution on estuarine water quality within the coastal area. A-7 7.3.2 Review existing State, regional and local plans, policies, and regulations for stormwater management and drainage. 7.3.3 Identify relevant land use and coastal management issues impacting water quality and quantity. 7.4 Prepare Hazard Mitigation Strategies 7.4.1 Coordinate with the City staff and/or consultants preparing the transportation element of the Comprehensive Plan in order to identify existing and future hazard mitigation strategies for protecting human life against the effects of natural disaster, including evacuation strategies. 7.4.2 Coordinate with the City staff and/or consultants preparing the future land use element of the Comprehensive Plan in order to determine existing and future land use implications of hazard mitigation strategies. 7.5 Draft Policies for Protecting and Restoring the Beach and Dune System 7.5.1 Coordinate with the City staff and the State DNR in order to determine recurring issues surrounding protection of the beach and dune system from man-induced erosion. Debrief local officials concerning issues surrounding restoration. 7.5.2 Review existing policies and regulations for managing coastal erosion and restoration of the beach and dune system. 7.5.3 Draft appropriate polices for reconciling recurring issues surrounding coastal erosion and restoration of the beach and dune system. Policy formulation should consider needed refinements to existing ordinances regulating specific activities impacting the beach and dune system. n 7.6. Formulate Policies for Regulating Development and � Redevelopment Activities 7.6.1 Debrief local staff and appropriate consultants as directed in order to identify past and anticipated future coastal management issues surrounding development and redevelopment within coastal areas. 7.6.2 Draft appropriate policies and recommend appropriate development regulations for eliminating inappropriate and unsafe development activities within coastal area. A-8 7.7 Prepare a Shoreline Access Plan 7.7.1 Debrief local staff concerning issues surrounding shoreline use and public access to beach and shoreline areas. 7.7.2 Evaluate existing public access to beach and shoreline areas based on State guidelines and projected local demand. This task includes inventory of water-dependent and water-related facilities, including marinas. 7.7.3 Coordinate with the City staff and/or consultants preparing the land use, recreation and open space, transportation, public facility, and conservation elements of the Comprehensive Plan. After appropriate debriefings and analysis of related issues, prepare a shoreline access plan. 7.8 Design High Hazard Coastal Area 7.8.1 Debrief local staff concerning issues surrounding delineation of high hazard coastal areas. 7.8.2 Review the adopted coastal construction control line, as well as the hurricane velocity zone delineated on the Federal Insurance Flood Plain Maps. 7.8.3 Based on the above and other information, delineate the high hazard coastal area subject to destruction or severe damage by natural disaster. Coordinate this designation with provisions of Section 380.27(2), Florida Statutes. 7.9 Prepare Policies for Coordinating Public Facilities and Service Delivery Systems with Development and Redevelopment Activity 7.9.1 Coordinate with City staff and/or consultants preparing the land use and public facility elements of the Comprehensive Plan in order to determine issues surrounding existin g proposed and future levels of service P characteristic of respective public facility systems. 7.9.2 Review existing and proposed policies for coordinating public facilities and land use activities. 7.9.3 Prepare required policies for coordinating land use policies and public facility strategies. 7.10 Evaluation of Regulatory Measures to Mitigate Adverse Impacts of Development and Redevelopment A-9 7.10.1 Debrief City staff and other consultants as directed concerning issues surrounding impacts of past and anticipated development and redevelopment. Emphasize issues surrounding disaster preparedness, hurricane evacuation, post-disaster planning, and protection of coastal resources. The review should consider cummulative impacts of development and redevelopment activities on coastal resources. 7.10.2 Review existing regulatory and management techniques at local government as adopted or plans to adopt in order to address issues identified under the above task. 7.10.3 Assist City staff in preparing any needed refinements to the land use regulation and management techniques applicable to coastal areas. 7.11. Draft Policies and Ordinances Required to Protect Estuaries 7.11 .1 Debrief City staff and representatives of municipalities concerning land use issues surrounding estuarine systems. 7.11 .2 Evaluate methods for coordinating issues and regulatory measures concerned with water-dependent uses, prevention of estuarine pollution, control of surface water management, protection of living marine resources, reduce exposure to natural hazards, and achieving requisite public access to beach and shores. 7.11 .3 Prepare necessary policies and regulations for addressing issues identified in task 7.11 .2. 7.12. Assist the City staff as directed in preparing the Evaluation and Appraisal Report for the Coastal Management Element, pursuant to Section 163.3191 , Florida Statutes. 7.13. Prepare a Coastal Management Element. A-10 EXHIBIT B TO AGREEMENT BETWEEN CITY OF DELRAY BEACH AND COASTAL PLANNING & ENGINEERING, INC. FOR PROFESSIONAL SERVICES, II ADDITIONAL SERVICES OF ENGINEER General If authorized in writing by CITY, ENGINEER shall furnish or obtain from others Additional Services of the following types which are not considered normal or customary Basic Services except to the extent provided otherwise in Exhibit A "Further Description of Basic Engineering Services and Related Matters"; these will be paid for by CITY as indicated in Section 7. 1. Preparation of applications, supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. a. Applications for Federal, State and County appropriations. b. Preparation and processing of agreements with Palm Beach County, State of Florida and Federal Government for funding. c. Reimbursment requests and processing with Federal, State and County governments. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by CITY. 3. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, CITY's schedule, or character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond ENGINEER's control. 4. Providing renderings or models for CITY's use. 5. Preparing documents for alternate bids requested by CITY for Contractor(s)_' work which is not executed or documents for out-of-sequence work. B-1 I I ' 6. Investigations involving detailed consideration of operations, maintenance and overhead expenses; providing Value Engineering during the course of design; the prepartion of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by CITY. 7. Furnishing the services of special consultants for other than the normal civil, structural, coastal and marine related designs including but not limited to consultants for vibracores, subsurface investigations, magnetometer surveys, sand seive analysis, carbonate testing, chemical analysis and biological testing, specification evaluations, and aerial photographs (except as provided under Exhibit A, Section 2). 8. Services resulting from the award of more than one prime contract for construction, materials, equipment or services for the Project, and services resulting from the arranging for performance by persons other than the principal prime contractors of services for the CITY and administering CITY!s contract for such services. 9. Providing field surveys for design purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work; and providing other special field surveys. 10. Services in connection with change orders to reflect changes requsted by CITY if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered, services after the award of each contract in evaluating substitutions proposed by Contractor(s), and in making revisions to Drawings and Specifications occasioned thereby, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 11. Services during out-of-town travel required of ENGINEER other than visits to the site as required by Section 1. 12. Preparing for CITY, on request, a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by Contractor(s) to ENGINEER and which ENGINEER considers significant. B-2 13. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of Contractor(s), (3) prolongation of the contract time of any prime contract, (4) acceleration of the progress schedule involving services beyond normal working hours, and (5) default by Contractor(s). 14. Preparation of operating and maintenance manuals; protracted or extensive assistance in the utilization of any equipment or system (such as initial startup, testing, adjusting and balancing) ; and training personnel for operation and maintenance. 15. Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed discrepancies under guarantees called for in any contract for the Project. a. Services involving follow-up evaluation of the beach restoration implemented to determine and maintain a record of the changes in beach conditions both onshore and offshore, including any requirements stipulated in permits for the construction. This evaluation will be used to determine the extent and timing of required maintenance work. The recommended interval following construction is one year. 16. Preparing to serve or serving as a consultant or witness for CITY in any litigation, public hearing or other legal or administrative proceeding involving the Project (except as agreed to under Basic Services). 17. Services relating to sand search and borrow area investigations (except as specifically provided for under Section 1 .1 ). a. Seismic Surveys including professional interpretations as required. b. Magnetometer Surveys including professional interpretations required. c. Probes and sand samples taken in a proposed borrow area. d. Sub-bottom core samples and analysis. e. Bathymetric Survey. f. Services relating to determination of compatibility of fill: (1) Sediment analysis including but not limited to grain size, specific gravity, carbonate and organic content. B-3 (2) Borrow area rock quantity evaluations as required for a General & Detail Design Memorandum. (3) Evaluating Alternative Borrow Sources for grain size, rock content and biological viability. 18. Land and Water Surveys relating to Horizontal and Vertical measurement. a. Land surveys to include topographic and control surveys. b. Project o s associated with the construction �ect surve y project, including but not limited to quantity surveys, hydrographic surveys, mean high water surveys, baseline surveys and control surveys. c. Pre-construction surveys of the beach (more than one survey may be required based on processing sequence and bid and contractor mobilization timing). (Vertical and Horizontal measurement both land and sea). d. Post-construction surveys of the completed beach fill (more than one post-construction survey may be required at specific sections of the beach depending on conformance of the fill profile to the construction template). e. Aerial photographs for use in construction plans and control surveys for same. f. Bathymetric survey of offshore areas for quantity or depth determinations. 19. Biological and Ecological Studies including monitoring programs to monitor construction effects. Water Quality monitoring during dredging as required by the Department of Environmental Regulation. 20. Services in connection with permitting to provide data in addition to that listed in the Permit Application Forms at the request of the agencies. Data, reports, and information requested by permitting agencies not provided for elsewhere in this Agreement, including but not limited to travel and meetings, environmental research and studies, biological and chemical testing, and coastal engineering studies. 21. Bridge Inspection and Design. Perform inspections and prepare inspection reports on all City owned bridges at intervals required by Department of Transportation. Design of new bridges or repairs of existing bridges. B-4 22. Marine Structures. Design and Inspections. Inspection of seawalls, bulkheads, docks, outfalls and other marine or ocean related structures. Design of new or repairs of existing structures. 23. Dune Studies and Design including monitoring studies of dunes, design of dune and dune overwalk structures and accessways. Beach Vegetation. Studies and plan preparation for beach vegetation projects. 24. Additional services in connection with the Project, including services normally furnished by CITY and services not otherwise provided for in this AGREEMENT. a. Specialized Services. When authorized by CITY, ENGINEER will furnish or obtain from other specialized services which are not considered normal or customary basic services; these will be paid by CITY as indicated in Section 5. 25. Resident Services During Construction. a. If requested by CITY or recommended by ENGINEER and agreed to in writing by the other, a Resident Project Representative will be furnished and will act as directed by ENGINEER in order to assist ENGINEER in observing performance of the work of Contractor(s). Such services will be paid for by CITY as indicated in paragraph 7.4.2. b. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative (if furnished) and assistants, ENGINEER shall endeavor to provide further protection for CITY against defects and deficiencies in the work of Contractors(s); but the furnishing of such resident Project representation will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for Contractor(s)' failure to perform their work in accordance with the Contract Documents. c. If CITY designates another person to represent CITY at the Project site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the effect thereof on the duties and responsibilities of ENGINEER under this Agreement will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. B--5 I EXHIBIT C TO AGREEMENT BETWEEN CITY OF DELRAY BEACH AND COASTAL PLANNING & ENGINEERING, INC. FOR PROFESSIONAL SERVICES, CONSTRUCTION COST AND OPINIONS OF COST 1. Construction Cost The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost of the entire Project to CITY, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreemeent so specifies, nor will it include CITY's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project. When Construction Cost is used as a basis for payment it wil1 be based on one of the following sources with precedence in the order listed for work designed or specified by ENGINEER. a. For completed construction work the total costs of all work performed as designed or specified by ENGINEER. b. For work designed or specified but not constructed, the lowest bona fide bid received from a qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal for such work. c. For work designed or specified but not constructed upon which no such bid or proposal is received, the most recent estimate of Construction Cost, or, if none is available, ENGINEER's most recent opinion of probable Construction Cost. Labor furnished by CITY for the Project will be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by CITY will be included at current market prices. No deduction is to be made from ENGINEER's compensation on account of any penalty, liquidated damages, or other amounts withheld from payments to Contractor(s). 2. Opinions of Cost Since engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s); methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost and Construction Cost provided for herein C-1 t r ' are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Project or Construction Cost will not vary from opinions of probable cost prepared by him. If prior to the Bidding and Negotiating Phase CITY wishes greater assurance as to Project or Construction Cost he shall employ an independent cost estimator as provided in paragraph 5 of Exhibit D. b. If a Construction Cost limit is established by written agreement between CITY and ENGINEER, the following will apply: (1) The acceptance by CITY at any time during the Basic Services of a revised opinon of probable Project or Construction Cost in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. (2) Any Construction Cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. (3) ENGINEER will be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Drawings and Specifications and to make reasonable adjustments in the extent of the Project to bring it within the cost limit. (4) If the Bidding or Negotiating Phase has not commenced within six months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ENGINEER, and CITY shall consent to an ajustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of Final Design Phase and the date on which proposals or bids are sought. (5) If the lowest bona fide proposal or bid exceeds the established Construction Cost limit, CITY shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's extent or quality. In the case of (3), ENGINEER shall, without additional charge, modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. The providing of such service will be the limit of ENGINEER's responsibility in this regard and, having done so, ENGINEER shall be entitled to payment for his services in accordance with this Agreement. C-2 1 . EXHIBIT D TO AGREEMENT BETWEEN CITY OF DELRAY BEACH AND COASTAL PLANNING & ENGINEERING, INC. FOR PROFESSIONAL SERVICES, CITY'S RESPONSIBILITIES CITY shall: 1. Provide all criteria and full information as to CITY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CITY will require to be included in the Drawings and Specifications. 2. Assist ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 3. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services. i 4. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 5. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CITY may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as CITY may require to ascertain how or for what purpose any Contractor has used the monies paid to him under the construction contract, and such inspection services as CITY may require to ascertain that Contractor(s) are complying with any law, rule or regulation applicable to their performance of the work. 6. Designate in writing a person to act as CITY's representative with respect to the services to be rendered under this Agreement. Such persons shall have complete D-1 I I - authority' to transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to materials, equipment, elements and systems pertinent to ENGINEER's services. 7. Give prompt written notice to ENGINEER. whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect in the work of Contractor(s). D-2 - 1 EXHIBIT E TO AGREEMENT BETWEEN CITY OF DELRAY BEACH AND COASTAL PLANNING & ENGINEERING, INC. FOR PROFESSIONAL SERVICES, GENERAL CONSIDERATIONS 1. Reuse of Documents All documents including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement shall become property of the CITY. Such documents shall be kept by the ENGINEER during the term of the Project and be turned over to the CITY upon termination of the contract. Such documents may be reused • without ENGINEER's consent by CITY or others on extension of the Project or on any other project. The ENGINEER will be notified of any reuse of documents and he will advise the CITY of the applicability of their reuse in the proposed project. The ENGINEER shall remain liable, according to the terms of this Agreement, for damages resulting from the CITY's reuse of such documents if such reuse is for a proper purpose (as determined by the ENGINEER). Such liability of ENGINEER shall exist even if ENGINEER did not consent to such reuse by the CITY. Proper purposes include, but are not limited to, purposes reasonably related to the purpose for which the documents were developed, or purposes for which the documents can reasonably be adapted. If the reuse by the CITY is for improper purposes and such reuse was not consented to in writing by the ENGINEER, then the ENGINEER shall be under no liability to the CITY for damages resulting from such improper reuse. 2. Controlling Law This Agreement is to be governed by the law of Florida. In the event of litigation, venue to be in Palm Beach County, Florida. 3. Successors and Assigns a. CITY and ENGINEER each binds himself and his partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partner, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. E-1 Il i ' b. Neither CITY nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except as stated in paragraph 3.a. of this exhibit and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of services hereunder. c. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CITY and ENGINEER. 4. Arbitration a. All internal disputes between the parties hereto arising out of or relating to this Agreement will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs 4c and 4d below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 4.a. will be specifically enforceable under the prevailing arbitration laws of the State of Florida. All other claims, counterclaims arising out of contract which constitutes a breach of contract are to be settled in a court of competent jurisdiction as provided by E-1.2 b. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute as' arisen. In no event may the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute Mould be barred by the applicable statute of limitations, c. All demands for arbitration and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than $200,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) E-2 a a R r concerning, any dispute or other matter in question where the amount in controversy thereof is more than $200,000 (exclusive of interest and costs) or to render a monetary award in response thereto against any party which totals more than $200,000 (exclusive of interest and costs). d. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any other manner, any person or entity who is not a party to this Agreement. e. By written consent signed by all the parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs 4c and 4d may be waived in whole or in part as to any dispute or other matter specifically described in such consent. No consent to arbitration in respect of a specifically described internal dispute will constitute consent to arbitrate any dispute which is not specifically described in such consent or in which the sum or value in controversey exceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described therein. f. The award rendered by the arbitrators will be final, not subject to appeal and judgment may be entered upon it in any court having jurisdiction thereof. 5. This Agreement is subject to the following special provisions: a. Indemnification of CITY. (1) ENGINEER shall indemnify, save, hold harmless and defend CITY, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of ENGINEER, its agents, servants or employees in the performance of services under this Agreement. (2) The execution of this Agreement by ENGINEER shall obligate ENGINEER to comply with the foregoing indemnification provision, however, the collateral obligation of insuring this indemnity must be compiled as set forth below in Paragraph 5.b. b. Insurance. (1) ENGINEER shall procure and maintain insurance of the types and to the limits specificed in paragraphs (2) through (6) below. E-3 l 1 r J (2) ENGINEER shall require that each of his subcontractors procure and maintain, until completion of that subcontractor's work, insurance of the types and to the limits specified in paragraphs (2) to (6) inclusive below. (3) Such policies shall be issued by companies authorized to do business in the State of Florida and are subject to approval by the CITY as to their financial capability for providing the coverage. (4) Professional Liability. Limits of liability shall be no less than $1 ,0001000 per occurrence and shall specifically cover the indemnification specified in Paragraph 5.a. (5) Comprehensive General Liability. Limit of Liability shall be no less than $500,000 per occurrence combined single limit for Bodily Injury and Property Damage Liability. Coverage must include: a. Premises and Operations b. Independent Contractors c. Products or Completed Operations (6) Business Auto Policy. Limit of liability shall be no less than $500,000 per occurrence combined single limit for Bodily Injury and Property Damage Liability and shall include coverge for all owned, non-owned, and hired vehicles. The ENGINEER will also carry a $1 ,000,000 umbrella policy which will add to the coverage provided for in comprehensive general liability b.(5) and business auto policy b.(6). (7) Worker's Compensation. Coverage to apply for all employees in compliance with the applicable State and Federal laws (including Longshoremen's and Harborworker's Act and Jones Act, where appropriate). In addition, policy must include Employer's Liability with a limit of no less than $500,000 per accident. (8) All policies shall contain a provision that the CITY be given thirty (30) days' written notice prior to cancellation or non-renewal. Certificates of Insurance evidencing all required insurance policies shall be delivered to City of Delray Beach, Office of City Attorney, prior to commencement of work. ALL policies except for professional liability shall name the City as an additional insured. E-4 X�\�1 DATE SIGNED CONTRACT AMOUNT COMMISSION APPROVAL Change Order # SCOPE OF WORK:— COMMENTS: 0 2/90 BG MODIFICATION OF CONTRACT This is a modification of an agreement executed by Coastal Planning and Engineering, Inc. on March 18, 1987 , and executed and entered into by the City on June 1, 1987, as modified on May 28, 1987 , by and between the City of Delray Beach, Florida, hereinafter referred to as "CITY" and Coastal Planning and Engineering, Inc. of Boca Raton, Florida, hereinafter referred to as "ENGINEER" . The aforementioned agreement and subsequent modification is hereby modified on this o2 S day of 1988. W I T N E S S E T H WHEREAS, Section. 2 - "Coastal Management Element of the Comprehensive Plan Services of Engineer", of the original agreement and as modified, provides for the completion of a Coastal Management Element pursuant to the criteria and standard required by Florida Administrative Code 9J5; and, WHEREAS, Section 7 . 3 - "Coastal Management Element - Compensation" ,tion" , P rovides for creation of a scope of services upon completion of an E.A.R. and compensation negotiated commensurate therewith; and, WHEREAS, the E.A.R. has been completed and accepted, and a scope of services and compensation has been negotiated; and, WHEREAS, Section 2.1 . - "General" provides that the 2 I firms of Solin and Associate, Inc. and Walter H. Keller, Jr. , Inc. are approved as acceptable subcontractors for the element; and, WHEREAS, the City has changed consultants for other portions of the Comprehensive Plan. and no longer retains Solin i and Associates, Inc. and Walter H. Keller, Jr. , Inc. for such services. NOW, THEREFORE, in consideration of mutual promises and covenants and other valuable condition, appropriate sections of the first mentioned agreement and subsequent modification are hereby modified and the parties hereto mutually promise and covenant as follows.: 1 . Sections 2.1, 2. 2, 2. 3, and 2. 4 as contained in the original agreement and as maybe modified in the subsequent modifications of May 28, 1987, are hereby deleted in their entirety. 2. A new Section 2.1 is incorporated as follows: Section 2. 1, "General" . The Engineer shall prepare the text of a report and maps and figures as required by Florida Administrative Code 9J-5.01.2, "Coastal Management Element" , as further identified in Exhibit "A", attached hereto. The City hereby approves the firm of Strategic Planning Services, Inc. as acceptable subcontractors for the Coastal Management Element. 3 i 3. Section 7 . 3. 2, "Compensation" . The City shall pay the Engineer a lump sum of. amount of twenty-three thousand five hundred dollars ( $23 , 500.00) for services performed. as detailed in Exhibit "A" . Partial payment shall be made pursuant -to Exhibit "A" . 4. That all other terms and conditions of the contract between the parties and modifications thereto except as may be in conflict with this modification, shall be unaffected by this modification and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this modification as of the day and year first written above. CITY OF DELRAY BEACH, FLORIDA By: M A Y O ATTEST: Ci Clerk Approved as to legal sufficiency and form: "r 674&�A "sistant City Attorn y--- COASTA PL ING D NGIN RING INC. I/ 14.. '7� By: wl } Witne s s J. C _ Ii esident fitness 4 STATE OF FLORIDA COUNTY OF PALM BEACH Before me the foregoing instrument, this day of (�( - i1� 1.988 was acknowledged by THOMAS J. CAMPBELL, a duly authorized officer of Coastal Planning and Engineering Comp. Inc. , on behalf of the corporation and said. person executed the same freely and voluntarily for the purpose wherein expressed. WITNESS my hand and seal on the County and State aforesaid this 76� day of �� , 1988. Not ry lic My Commission Expires: i I NOTARY PUBLIC, STATE OF FLORIDA A'f LARGE MY COMMISSION EXPIRES MAY 26; 1992 BONDEDTNRU HUCKLEBERRY &ASSOCIATES 5 l - i 1. COASTAL MANAGEMENT ELEMENT A. OBJECTIVE The objective of this portion of the contract is the preparation of the Coastal Management Element of the Comprehensive Plan in compliance with Florida Statutes Chapter 163 "Local Government Comprehensive Planning and Land Development RegulationdAct" and more specifically Subsection 163.3177 (6) (g) , Administrative Code Chapter 9J-5 and more specifically Section 9J-5.0012 Conservation Element. The purpose of the coastal management element is to plan for and where appropriate restrict development activities where such activities would damage or destroy coastal resources, and protect human life and limit public expenditures in areas that are subject to destruction by natural disaster within the City of Delray Beach and it' s expansion area, Palm Beach County and the South Florida region. B. Work Program: The work program consists of the following components: 1. Inventory and Analysis 2. Public Participation 3. Document Preparation. B. 1. Inventory and Analysis The element shall be based upon the following data and analyses requirements pursuant to Subsection 9J-5.005 ( 2) . a. Existing land uses in the coastal area shall be inventoried. Conflicts among shoreline uses shall be analyzed and the need for water-dependent and water-related development sites shall be estimated. Any areas in need of redevelopment shall be identified. An analysis of the economic base of the coastal area based on the future land use element shall be included. A map or map series showing existing land uses and detailing existing water-dependent and water-related uses shall be prepared. b. Inventories and analyses of the effect of the future land uses as required to be shown on the future land use map or map series on the natural resources in the coastal area shall be prepared including; vegetative cover, including wetlands; areas subject to coastal flooding; wildlife habitats; and living marine resources. Maps shall be prepared of vegetative cover, wildlife habitat, areas subject to coastal flooding, and other areas of special concern to the City. c. An inventory and analysis of the impacts of development and redevelopment proposed in the future land use element on historic resources and sites in the coastal area shall be included along with a map of areas designated for historic preservation. d. An inventory and analysis shall be prepared of estuarine pollution conditions and actions needed to maintain estuaries including: an assessment of general estuarine conditions and identification of known existing point and nonpoint source pollution problems; an assessment of the future impact of the development and redevelopment proposed in the future land use element and the impacts of facilities proposed in the traffic circulation and general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge elements upon water quality, circulation patterns, and accumulation of contaminants in sediments; identification of actions needed to remedy existing pollution problems; and identification of existing state, regional and local regulatory programs which will be used to maintain or improve estuarine environmental quality. e. The following natural disaster planning concerns shall be inventoried or analyzed: 1 . Hurricane evacuation planning based on the hurricane evacuation plan contained in the local peacetime emergency plan shall be analyzed and shall consider the hurricane vulnerability zone, the number of persons requiring evacuation, the number of persons requiring public hurricane shelter, the number of hurricane shelter spaces available, evacuation routes, transportation and hazard constraints on the evacuation routes, and evacuation times. The projected impact of the anticipated population density proposed in the future land use element and any special needs of the elderly, handicapped, hospitalized, or other special needs of the existing or anticipated populations on the above items shall be estimated. The analysis shall also consider measures that the local government could adopt to maintain or reduce hurricane evacuation times. 2. Post-disaster redevelopment including: existing and proposed land use in coastal high-hazard areas; structures with a history of repeated damage in coastal storms; coastal or shore protection structures; infrastructure in coastal high-hazard areas; and beach and dune conditions. Measures which could be used to reduce exposure to hazards shall be analyzed, including relocation, structural modification, and public acquisition. 3. Coastal high-hazard areas shall be identified and the infrastructure within the coastal high-hazard area shall be inventoried. The potential for relocating threatened infrastructure shall be analyzed. f. Beach and dune systems shall be inventoried and analyzed, including past trends in erosion and accretion, the effects upon beaches or dunes of coastal or shore protection structures, and identification of existing and potential beach renourishment areas. The analysis shall also identify measures which could be used to protect or restore beaches or dunes. g. Public access facilities shall be inventoried, including: all public access points to the beach or shoreline through public lands, private property open to the general public, or other legal means; parking facilities for beach or shoreline access; coastal roads and facilities providing scenic overlooks; marinas; boat ramps; public docks; fishing piers; or other traditional shoreline fishing areas. The capacity of and need for the above facilities shall be analyzed. Public access facilities shall be shown on the map or map series required by paragraph ( 2) (a0 as water-dependent uses or facilities. These inventories shall be coordinated with the recreation and open space element. h. Existing infrastructure in the coastal area shall be inventoried including: roadways, bridges or causeways, sanitary sewer facilities, man-made drainage facilities, public coastal or shore protection structures, and beach renourishment projects. The demand upon, capacity of, and area served by the existing infrastructure shall be analyzed. Analyses shall be prepared which estimate future needs for those facilities listed above, and which shall address the fiscal impact in terms of estimated costs, funding sources and phasing of any needed improvements. i. The inventory and analysis shall also include a historical perspective of the City' s programs and efforts as they relate to the requirements of this element. j . The inventory and analysis shall specifically note deficiencies and needs of the City' s current programs and cite the need for additional programs. k. The inventory and analysis shall also note deficiencies, needs, and interrelationships with regard to all other comprehensive plan elements under preparation by or for the City as well as with the: 1. State Comprehensive Plan; 2. Regional Comprehensive Policy Plan of the Treasure Coast Regional Planning Council; 3. Palm Beach County Comprehensive Plan or adopted portions or policies thereto; and, 4. The comprehensive plans or policy guides of any other regional agency which overlaps the jurisdiction of the City. I i B. 2. Public Participation The consultant shall convene and direct at least two but no more than four Coastal Management Element Task Team meetings. The first of these meetings shall address the purpose of the coastal management element, the planning process, the scope of this work, expectations for the element, and logistic matters. The addi- tional meeting(s) shall address the inventory and analysis information. The consultant shall prepare information and exhibits in a manner so that the inventory and analysis work can be easily understood and discussed at these meetings. B. 3.1 Document Preparation a. The consultant shall be responsible for the preparation of a concise report which provides all information reported in the inventory and analysis work including appropriate graphics, maps, charts, and tables. This material may be presented in rough form at the task team meetings; however, the material shall be in the form of a final draft for the public information meeting. The final draft document shall also include the goals, policies, and objectives which will be prepared by the CLIENT and then edited and formatted by the CONSULTANT so that they are in a .form acceptable to the State Department of Community Affairs: b. The draft document shall be prepared with Displaywrite 3 software. c. The quantity of material required for the task team meetings shall be sufficient to meet the needs of the task team. Two copies of the final draft document shall be provided to the City by the consultant, one print ready copy and one 5. 25 inch computer disk copy. II .C. Project Schedule Project initiation began on June 29, 1988 subsequent to the City Commission' s authorization to negotiate and execute this contract. The meeting and delivery dates enumerated below shall constitute the project schedule: 1. Task Team "Kickoff" Meeting. . . . . . . . . . . . . August 2 2. Review of Data Report. . . . . . . . . . . . . . . . . . . . August 11 3. Review of Data Analysis. . . . . . . . . . . . . . . August 25 4. Goal Setting by Task Teams and Staff. . . . . September 8 5. Submit Draft Element to City. . . . . . . . . . . . . September 23 * all dates are approximate and may vary within a one week period The consultant' s work in preparation of the final draft report shall be completed within five working days following receipt of the goals, policies, and objectives which are to be provided by the City. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Emvironmental Services Department Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: July 10, 2014 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF JULY 15,2014 C.O.NO.2/MANCIL'S TRACTOR SERVICE,INC.,N.E. 1ST AVENUE IMPROVEMENTS PROJECT BACKGROUND Streetscape improvements along NE 1 st Avenue have occurred throughout the years. Within the 100 block, some improvements have occurred in conjunction with redevelopment. The development incentives provided by the Community Redevelopment Agency (CRA) for the Hyatt Place hotel in FY 11/12 included streetscape improvements consisting of on-street parking, paver brick walkways, decorative street lighting and landscape nodes adjacent to the development. On October 15, 2013, Commission approved a contract award, in the amount of $569,206.61, to Mancil's Tractor Service, Inc., for the construction of Roadway Improvements on NE 1st Avenue from NE 1st Street to NE 2nd Street. This project completes the streetscape improvements for the balance of the block that were not performed in conjunction with redevelopment. The scope of the project includes sidewalks, drainage, lighting, swales, landscape islands, parallel parking, irrigation and landscaping. On June 3, 2014, City Commission approved Contract Addition (CO #1), in the amount of$27,516.55, for additional drainage work. In an effort to minimize construction costs, the original design did not modify the slope/grading of the existing roadway. After completion of the design, there were complaints about drainage concerns on NE 1 st Avenue. Upon further investigation, mid-block of NE 1 st Avenue was found to be relatively flat. Change Order No. 1 addressed the drainage issue and has promoted positive drainage. The work included the elimination of one parking space and the addition of two drainage inlets, associated pipe and pavement restoration; five (5) additional days were added to the contract time. The additional scope of work requested at this time consists of the removal, stabilization and replacement of the brick paver crosswalk located just north of NE 2nd Street on NE 1 ST Avenue. The current scope of work includes reconstruction of the intersection with brick pavers and curbs. Three brick paver cross walks are included in this work. During the design phase, the fourth crosswalk was left out of the scope of work currently underway, as a cost reduction. The current condition of the fourth crosswalk exhibits deteriorated bricks and broken curbs. At the request of the City, the contractor submitted a proposal to rebuild the fourth crosswalk, removing the existing brick pavers and curbs in their entirety, replacing it with a new concrete stabilized pad, header curb and new pavers; this will present the intersection with a complete and uniform appearance. Total cost for this task is $4,024.27. In addition, existing brick paver sidewalks, aprons and curbs encountered at three in-fill locations along NE 1St Avenue were discovered to be in need of replacement. The current design includes some new brick paver sidewalks as well as removal of some existing brick sidewalks and replacement with some existing bricks at new elevations. At these in-fill locations, originally omitted from the contract, property owner's contacted staff, requesting that old brick pavers be replaced with new. Thus, staff requested pricing to use new bricks at all locations and eliminate re-use of the older bricks as well as replacing several segments of concrete sidewalks with brick sidewalk; this will also present the entire block with a complete and uniform appearance. Total cost for this task is $10,676.28. An additional ten (10) calendar days has been requested to the total contract time. The additional scope of works presented herein will be funded from the contracts Contingency Allowance of $30,000. To date, no charges have been made against this allowance. All changes are itemized on the attached Exhibit "A" to Change Order No. 2. This complies with Code of Ordinances Chapter 36, Section 36.06 Change Orders, (A) (3) Extension of completion dates. DISCUSSION Consideration to approve a contract allowance disbursement in the amount of$14,700.55, to Mancil's Tractor Service, Inc. for additional scope of work, for the NE 1St Avenue Improvements Project #12- 042. This complies with Ordinance No. 29-13, Section 36.06 Change Orders, (A) (3) Extension of completion dates. TIMING OF THE REQUEST This item is time sensitive; the contractor is currently in area performing like work. If delayed, additional costs will be incurred to re-mobilize to complete work. FUNDING SOURCE Funding will be provided from the Contract's Unforeseen Conditions Allowance. RECOMMENDATION Staff recommends approval of Change Order No. 2 in the amount of $14,700.25 to Mancil's Tractor Service, Inc., for additional scope of work for the NE 1 st Avenue Improvements Project. 's Tractor Service, Inc. 0 POND "We Move the Earth" Site Contractor.Earthwork,Roadways,Water and Drainage 455/SE Hampton CL.Stuart,FL340Q7 � v Phone(772)288'OQ51 Fax(772)2B8-D&83 ALLOWANCE PROPOSAL # 2 PROJECT NAME:NE18T AVENUE IMPROVEMENTS DATE: 7/1/2014 77ER PLANS:CIVIL PLANS SUBMIT TO: RAFAEL BALLESTERO VERSION/DATE:FIELD CHANGE CITY REQUEST PHONE:561-243-7320 WE RESPECTFULLY SUBMIT THE FOLLOWING PROPOSAL AS PER THE REQUEST OF THE CITY OF DELRAY, ADDITIONAL PAVERS, HEADER CURBS,NEW X'm/ALKAT NORTH END INTERSECTION. THE UNIT COST 8S PER LINE ITEM ON THE SCHEDULE OF BID PRICES. FIELD CHANGE AS PER CITY REQUEST ITEM I DESCRIPTION UNIT CITY UNIT COST TOTAL DEMOLITION 10 REMOVE EXISTING PAVEMENT SECTION—PAVERS ONLY SY 28 $10.00 $280.00 11 REMOVE EXISTING CONCRETE CURBS LF 64 $10.00 $640.00 ROADWAY 22 PAVER CROSS-WALK AT INTERSECTION WITH 6"SLAB CONCRETE SF 248 $8.60 $2,132.80 PAD 23 CONCRETE HEADER CURB AT CROSS-WALK LF 64 $14.25 $9112.00 SUB TOTAL $3,96T80 ADDITIONAL BOND AMOUNT I JINCREASED BOND AMOUNT(BASED ON BOND RATE OF 1.5%) LS $59.:47:� $59.471 CONTRACT TIME CHANGE:THIS ADDITIONAL WORK WILL REQUIRE 5 DAYS ADDED TO THE CONTRACT. TERMS&CONDITIONS: THIS CHANGE ORDER 8 SUBJECT TU THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: ACCEPTED BY: NAME: TITLE: DON R.MxwcL,/u DATE: Page I of 1 Manci/'s Tractor Service, Inc. "We Move the Earth" A1`Ep Site Contractor:Earthwork,Roadways, Water and Drainage 4551 SE Hampton Ct., Stuart, FL 34997 Phone (772) 288-0951 Fax (772) 288-0983 ALLOWANCE PROPOSAL # 3 PROJECT NAME: NE 1ST AVENUE IMPROVEMENTS DATE: 7/3/2014 PER PLANS: CIVIL PLANS SUBMIT TO: RAFAEL BALLESTERO VERSION/DATE: FIELD CHANGE CITY REQUEST PHONE: 561-243-7320 ENGINEER: MATHEWS CONCULTING EMAIL: Ballestero @mydelraybeach.com WE RESPECTFULLY SUBMIT THE FOLLOWING PROPOSAL AS PER THE REQUEST OF THE CITY OF DELRAY, ALL SIDEWALKS WITH REMOVE&REPLACE PAVERS(200 LF) IS NOW INSTALL NEW PAVERS ADDITIONAL PAVERS THE UNIT COST AS PER LINE ITEM ON THE SCHEDULE OF BID PRICES. ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL 18 REMOVE& REINSTALL EXISTING PAVER SIDEWALKS LF -200 $50.25 -$10,050.00 9 REMOVE EXISTING CONCRETE SIDEWALKS LF 200 $10.00 $2,000.00 17 INSTALL NEW 5 WIDE PAVER SIDEWALK W/CONCRETE BORDER LF 200 $53.00 $10,600.00 9 RE4MOVE EXISTING CONCRETE SIDEWALKS—HOUSE#114, 120& LF 103 $10.00 $1,030.00 17 INSTALL ADDITIONAL PAVER SIDEWALKS LF 103 $53.00 $5,459.00 17 JINSTALL NEW PAVER APRON—HOUSE#120 1 LF 1 22 $53.001 $1,166.00 23 JINSTALL HEADER CURB—HOUSE#120 LF 22 $14.251 $313.50 SUB TOTAL 1 $10,518.50 ADDITIONAL BOND AMOUNT INCREASED BOND AMOUNT(BASED ON BOND RATE OF 1.5%) 1 LS 1 1 $157.781 $157.78 SUB TOTAL $157.78 TOTAL $10 676.28 CONTRACT TIME CHANGE:THIS ADDITIONAL WORK WILL REQUIRE 5 DAYS ADDED TO THE CONTRACT. TERMS&CONDITIONS: THIS CHANGE ORDER IS SUBJECT TO THE SAME TERMS AND CONDITIONS OF THE PROJECT CONTRACT. RESPECTFULLY SUBMITTED BY: ACCEPTED BY: NAME: TITLE: DON R.MANCIL,JR. DATE: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 12-042 DATE: PROJECT TITLE: NE 1St Ave.Improvements TO CONTRACTOR: Mancil's Tractor Service,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: An additional ten(10)day contract time extension;needed to complete the work. Costs are detailed on the attached Exhibit"A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $569,206.61 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 27,516.55 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $569,206.61 COST OF CONSTRUCTION CHANGES THIS ORDER $ 0.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $596,723.16 PERCENT INCREASE THIS CHANGE ORDER 0% TOTAL PERCENT INCREASE TO DATE +4.8% TOTAL CONTRACT TIME WILL BE INCREASED BY 10 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Mancil's Tractor Service,Inc. (Contractor to sign&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding out of the unforeseen conditions allowance for Exhibit"A" DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental Services Cary D. Glickstein Mayor ATTEST: APPROVED: By: City Attorney City Clerk w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 8, 2014 SUBJECT: AGENDA ITEM 8.L.-REGULAR COMMISSION MEETING OF JULY 15,2014 RESOLUTION NO.33-14 BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. DISCUSSION This item is before Commission to approve assessing costs for abatement action required to remove nuisances on 3 properties throughout the City of Delray Beach. RECOMMENDATION Recommend approval of Resolution No. 33-14. RESOLUTION NO. 33-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property;and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice;and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved;and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the July 15, 2014, meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after 2 Res.No. 33-14 the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this 15'h day of July, 2014. MAYOR ATTEST: This instrument was prepared by: City Attorney 200 N.W. 1"Avenue City Clerk Delray Beach, Florida 33444 3 Res.No. 33-14 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 34 N.W. 10th AVENUE ATLANTIC PINES LOT 14 BLOCK 2 Raymond Robinson PCN 12 43 46 17 17 002 0140 301 Stone Gate Drive CASE NO. RN 14 -52064 Columbia, SC 29233 $ 137.60 Invoice No. 39326 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 217.60 38 N.W. 10th AVENUE Alexandre Blanc WHIDDENS SUB E 1/2 OF LOT 6/LESS E 10 FEET/ 5585 Boynton Rise Lane BLOCK 1 Boynton Beach, FL 33437 PCN: 12 43 46 17 16 001 0061 CASE NO. RN 14 -52066 $ 149.70 Invoice No. 39325 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 229.70 190 S.E. 5th AVENUE Monogram Residential Delray II TOWN OF DELRAY c/o Corporation Service Comp PCN 12 43 46 16 01 102 0191 1201 Hays Street CASE NO. NA 14 - 51775 Tallahassee, FI 32301 $ 167.00 Invoice No. 39327 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 247.00 VIOLATION IS: SECTION 100.01—LAND TO BE KEPT FREE OF DEBRIS,VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 33-14 w MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: July 9, 2014 SUBJECT: AGENDA ITEM 8.M.1-REGULAR COMMISSION MEETING OF JULY 15,2014 NONE w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 10, 2014 SUBJECT: AGENDA ITEM 8.N.-REGULAR COMMISSION MEETING OF JULY 15,2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of June 30, 2014 through July 11, 2014. 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 hear 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. Site Plan Review and Appearance Board Meeting of f July 9, 2014 A. Approved with conditions (6 to 0, Roger Cope absent), a master sign program that includes identification signs, freestanding signs and flat wall tenant signs for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway (1811 South Federal Highway). B. Approved with conditions (4 to 1, James Knight stepped down, Rustem Kupi dissented and Roger Cope absent), a Class I site plan modification to allow the relocation of the required emergency generator from the rooftop location to the frontage along Linton Boulevard and removal of a pedestrian walkway and stairs which provided connection to the outdoor seating area from Linton Boulevard for Delray Community Pharmacy, located at the southeast corner of Linton Boulevard and Congress Avenue (1601 South Congress Avenue). C. Tabled (6 to 0, Roger Cope absent), a Class I site plan modification and architectural elevation changes associated with the replacement of the awning (material) and addition and modification of windows and doors for Rack Shack, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue (200 East Atlantic Avenue). D. Approved with conditions (6 to 0, Roger Cope absent) a Class IV site plan, landscape plan and architectural elevation plan associated with the demolition of an existing 5 bedroom two-story residential building and construction of a new residential two-story building that accommodates 8 bedrooms for AVDA. Concurrently, the Board approved (6 to 0, Roger Cope absent) a special action request pursuant to LDR Section 4.6.9(C)(7)(a)to allow a reduction of 3 parking spaces from 26 spaces required to 23 spaces provided. Please note: A map location is not provided for this site. DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of June 30, 2014 through July 11, 2014. TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION By motion,receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING a,TYLIMITS ..,_,_ _ N APPEALABLE ITEMS -�- LOCATION MAP ONE MILE I PLANNING AND ZONING JULY 15,2014 GRAPHIC SCALE DEPARTMENT GUL F STREAM BLVD. 1 ¢ v 1 � Q W 1 L-30 CANAL om 4 e U 906 _ 1 0 L��_ �� ti M ..J I,II�y W -i- ; � 1 O W _ O � LAKE IDA ROAD w G. BUS L j n - � ¢ 1 U LAKE o D N.E. m r � ' 0 z � 1 N.W.2ND T 3 j 1 1 ci 3 0 rj 606 T S.W.2ND ST. = ui u ! A1A V 3 3 1 O � ti y o 1 d w - Q LOWSON BOULEVARD S.W. 10TH ST. - 1 � o 1 at o = B $ LINTON BOULEVARD y 1 r ova A i 1 1 N RON H y p W 3 = � Z 1 2 - w 906 Q 1 L-38 CANAL C-15 CANAL C-15 CANAL SPRAB: A. DELRAY PLACE B. DELRAY COMMUNITY PHARMACY C, RACK SHACK -- DICITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\CC—DOC\7-15-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Harold Bellinger, Superintendent Streets/Traffic Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, P.E., Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM 8.0.1 -REGULAR COMMISSION MEETING OF JULY 15,2014 PURCHASE AWARD/TRANSMAP CORPORATION BACKGROUND Request City Commission to approve a purchase with Transmap in the amount of $22,834.00 for sign inventory. On November 6, 2012, City Commission approved an agreement with Transmap Corporation. This agreement was for Transmap Corporation to provide the City with pavement rating data for all City maintained streets. The first step in development of the pavement rating database was to video record, each street. Utilizing the video, Transmap Corporation was able to create a pavement rating database. This database was then imported into Cartegraph and is now utilized to develop resurfacing lists. Because the streets were videoed, additional information such as fire hydrants, manholes, catch basins, pavement markings and traffic signs was also captured. Transmap Corporation has the ability to capture these additional features from the video recording and create additional database sets. Staff would like to take advantage of this opportunity and have a comprehensive traffic sign inventory database created. This agenda item will allow the sign database to be created. If another vendor is utilized to create the traffic sign inventory database, the City would have to pay for another video recording of the City maintained streets. The cost to purchase the sign inventory is $22,834. As a point of information the only other attribute staff would consider acquiring would be the pavement markings. The estimated cost for pavement markings is $13,000. Staff has already begun populating the pavement marking database, therefore, this data is not required from Transmap. The City has already paid Transmap Corporation $9,092.22 this FY for their efforts in videotaping all City maintained streets; no other vendor can provide similar data without the City paying for the collection a second time. This agenda item is being submitted under Code of Ordinances Chapter 36, Section 36.02(C)(6)(a), " to approve a sole source expenditure of$22,834.00 and Section 36.03 (A) and (B) as this purchase will exceed the $25,000.00 annual cap by $6,926.22. DISCUSSION Request City Commission to consider a request for purchasing sign inventory data from Transmap in the amount of $22,834.00 in addition to the $9,092.22 already paid to Transmap by Engineering this FY. TIMING OF THE REQUEST Staff is in need of this data therefore this request should not be delayed. FUNDING SOURCE Funding is available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). RECOMMENDATION Public Works recommends that the City Commission approve the $22,834.00 purchase. 0 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this _31 day of October , 2012 , by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Transmap (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS Standard Form of Agreement 1 - 5 Corporate Acknowledgment 6 Certificate 7 Insurance Requirements 8 - 9 Sample Insurance Form 10 -11 Page t CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Drug Free Work Place Certification 12 (if not provided in other bid) Performance/Payment bond NIA Pricing 13 Standard Professional Documents (other agency) Exhibit A 4. The term of this contract shall commence on the date indicated the Notice to proceed by both parties and shall continue for a period of 4 months 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Transmap 3001 N.Rocky_Point Dr. E. ,Suite 200 Tampa, FL 33607 (813) 286- 6180 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Page 2 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. Page 3 The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract between Transmap and Escambia County, Florida , and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. TTE T: CI OF 9ELRAY BEA H, FL6 I A By- City Cleric `� , , Mayor A proved as to form: City Attorney WIT ESS: CONTRACT BY: Co i(le,c t-2 Lo I I/a Lx�+D-J-1 E� Prcsld cA�)c E C> (Print or type name and title) Ste}pct'-+ (Print or type name and title) Spe c-ah%4 (SEAL) Page 5 CORPORATE ACKNOWLEDGMENT STATE OF QH to COUNTY OF F�ANKt-t j The foregoing instrument was acknowledged before me this day of oye✓m ae , 2012 , by 440W4g>=C) d3� (name of officer or agent, title of officer or agent), of t �A N S rvl-P�,7 (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Co L-L'C C-n.r Cc,8,L-r rj � Name of Acknowledger Typed, Printed or Stamped Colleen Collins Notary Public,State of Oio - filly commission Expires 09 M2016 E,0 `t0,,. Page 6 i I I CERTIFICATE (If Corporation) STATE OF FLORIDA } SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of !P-ANSYt np f;2&Pa P-PIT a 10 61 , a corporation under the laws of the State of CAN 10 held on vEMBee 20Q, the following resolution was duly passed and adopted: "RESOLVED", that l iA-P-❑ �y"c,,°, F,-f, as President of the corporation, he/she is hereby authorized to execute the Agreement dated I3+ % , 2012, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of �rE , 201?- . ecretary) (Seal) Page 7 INSURANCE REQUIRE"EN'S A. GENT SAL During the torrn of the contract.pith the Clty,the aontraaWr slug procure and maintain l"suranoe of the fvp4-s and to the limits spacAed in parag raphs(f)to(4)inclum"ve below B. COVERAGE Except as otherwise meted,the amounts and tykes of insurance si ll conform to tl-tr"lull€wing Minimu-m M401rern ts', f. Vtrarker`a Comrensafir+tt - Cove-We to apply `ear all emoDyeems fbr Statutory l=imits iri compilattce with the appliaabte Star .arid Federal Lis. In addition, the pOl-rCY crust include Employer's Liability with a lirnit of MUM each scdr#artt. 2. Crrmnr?hensive Ceieml Llability-Coverage mist to afforded on a form no more restrictive than the btest edition of the Cotnp<alrortsi+ra mineral Liability Policy filed by the In tance Serftes Office and mast inOud4: ai Minimum limits of MO.000 per urreric�,, combined single limit for Bodily injury Uabilfty and Property Damage Uability_ b) Premises andfor Operations- cf indeponderlt Contr ctors_ d) Froducts arcVor Cornpletc-d Operation . e) No exclusion for Undergr+ou rid, Explosion or Collapse hawrds. 3, Busi-ne Ago Policy - Coverage must be aFvroed on a form no more restrictive than the latest ediHop of +zc Buy Jiiosu Auto PoRm, riled by the Insurance Service 0-111 and must a) Mlnirys.um Limits of$30D,001) per D=urranm combined singli: limit for Bodily Injury Loeb€iity and Properly Darnage Uabi:lity. b) Owned Vehicles. c) Hired and Non-tram Vehicles. d) Employer Neon-Ov;.erghip. 4_ Certificate of Insurance - Ger`r��cat of all insurance evidenoing the insurance coverage Epecmed in the previous Insurance AdrrhOstrator pnoor b eotnnnericerneat of Work, The rrqiErired r;e Cates of inauranca shall not only name the ty^oe of robin provided, but shall also refer s eciftallv to this bid and seta nand the atgN1_Mragvaphs in accordarc with uIm mch Insurance Is bein€t furnished and small s�at�the such insurance is requicad suit pro agra hs this cants c The success-M bidder will ir?c€u4e he.City of_DiDirgy Beach as addifionel insumd. If the initial iri5vra€nce vxpires prior to the cornpletiort of the work, rerte al rtfiacates shall be furrtiatted thirty E30)days prior to the date of expiration. Also, undw the Cana-Alation section of the tnsuranc-e Certif calla r the words "endeavor to" and "but failure to.mail such rrotiae shall Impose no obfigation or liability of any kind upcii the z appppapy, its agents or representative" steal; to crossed girt as indicated on the attached "Sample at In"ranc a Certiticge7. PAGE 8 IMPORTANT u ceffiogto, Wdef is gn AMMOM INSLMtx, bM ° l M"_,4 A rxr f COMURIA do"notamfor lights to thatwfficate trowirl Ron ar vch if SUMMATION Is VIVEAPM 0. submit to ta 0WAIJI-4 of#;10 PCOW4 OWt-14 PQ'Ma MW mqt&v wt gaoorsamenL A dAamaM W Est; ONS=te does f04 to Lha r Faoffrtr lieu of t em,'q$1 of i`arG ti mvwia dds of tt1i� kna does ld a bo fat =Img k=84 mfflwc�*d ps pmdw r, we tv WTUrAe holder, nor does r f#j*amw, c&tvd orotw the pwarago ST"'W by OW pomem aswd emrwm PAGE 10 �cxacr xsa z: c�CU ZG 4 t E 07 rr rFjts EN nc��s r c G� E pot�cr P�R h33 rr CAREFULLY. ADDITIONAL,INSURED•— DESJGNATED PERSON OR OFZGAN[ZATION o�3k r 1.Ir1�rOVWR4ZE PART vwmzma oraa��a,:sat keuaa F O a Src#t - A,-ttr�ft A.R� a?�d is am=wl-d i� - CkLw6 -as sal a,Ad DmA tra-w-d'um peu: TK-)-or oir - za�eYt{�p spa '! 5elas �?c,f 0ardyws�'t rra:pe�f - P .cud a w0sj.g Jar r r'q 1.st da ear in +6S`Irer act orosr mrfrn:x ar><aaae ' tiYFf[S O�i�1v'G scaSr�9A Yaur�h�E - - A- &t am psrraR� in dMIA ctlon xfx ycor prougses--"*af W or rated m ysat, DRUG FREE WORKPLACE CERTIFICATION Pavement Assessment Project Request for Proposal RFP NO. 2011-23 PROJECT#2011-108 If identical tie RFP exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE RFP: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more RFP which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a RFP received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie RFP will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under RFP a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under RFP, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort ;o maintain a drug-free workplace through implementation of this section. 1� crr T rarer Consultant's Name Sig ture PAGE 12 ri N k:a4m 0 C) 0 0 0 r� CD CD CD 0 C3 r%j 0 cs 6 i N Ln 0 Cl 0 ri Lo U) Ln Ln N Lr) Lrl m Ln Ln ia Iii- -b, 0 +A- A6- O ERE- 0 CD CD CD 0 04 t)co 0 0 N 4--m LO C rll� Ll Q Id -UY F 0 4A- 03 11 Ln -bp�- 44A+ -b9- , 4� 0 ri ko C) I I LO 03 N 0 V) En CD L CO J , 0 - UD ra (C LD CL > 0 m EA— ro < m 0 U E >0 cm) Ln u LA u CL uj (0 fo 0 M CD CU ra ra Ln M fu fu -0 ❑ c D "Au 0 u E 0 L; (U fa 2 1,2 0 m C u -o E a) Z' -0 to a) W cp w 0)M fo ID 0 E- ro ro a u avjl �fa 0 Ln (U LL (U I I ULO — n t >fu In -" Zo Ln --2 0 fu (U< -0 _0 U 0) u 0 CL CL 0 4 n 10 (U I (U -C� a) u-0 ro >Z' u E C: C: C3- E 00 'Clil m ...... QJ C: L2 c: �u Z' (U --o ra fr", 0 E > w cn u E > M Ja tLO � .. ........ 0 ra Z) E aj In ai CL,mow 0 >,aj'(,:J, 1p -Lu > a M� > cy '-Z m c > m 0 U fa (U ro r- a- ra 0 V; u 'i m fa 'D M -0 Lj 1� = I OL.2 u aj aj -0 aj fu >� -1-1 fa u E 0 CU m Z cu E -o E cn tn c) -fr O a E BE' 2-0 3: 75 00-ai V) V) 0 0 M M W 0 -0 ZI C: L) 0 C: 0 = I 0-= . - . c u M 0 M M 0 a M Ln rg 27 OL in fu > < m cu 0 ........... ig En M 9 A TN"i 'E 23 UD ......... zi C31 (n Lo �m> -a -fu E Z -1111�1�11::-�-' ai", r Lf) m a m -C fa �MNHH 0 E ai Ln —j u aj E = ;-0 W W) Ln ra 01 ca ai m En CL C: t —C 0 iu 0 1-11"M Er H 21 .0 u 41 cu -0 (U :E E AJ m V) E ZI qj> C: 0 u E(U ru LL th ai 0 7f- CL E E= E En ru al 0 0 u E > > 0 u J2 cu ru E in cc 0 u LL — d)—.— < ra r-ESE 0 fe RgEm• 41 u 7@ CL d) to E m U5 N EXHIBIT A STANDARD PROFESSIONAL CONSULTING SERVICES CONTRACT DOCUMENTS FOR AGREEMENT BETWEEN ESCAMB A► COUNTY AND Transmap Corporation FORM G: CONSULTING SERVICES FOR STAND-ALONE PROJECTS �n��asra�a TABLE OF CONTENTS Agreement Declarations PAGE ARTICLE 1 Definitions and Identifications 3 ARTICLE 2 Preamble 4 ARTICLE 3 Scope of Services 4 ARTICLE 4 Time for Performance 5 ARTICLE 5 Compensation and Method of Payment 6 ARTICLE S Additional Services and Changes in Scope of Services 7 ARTICLE 7 County's Responsibilities 8 ARTICLE 8 Consultant's Responsibilities 8 ARTICLE 9 General Conditions 9 AGREEMENT THIS AGREEMENT is made and entered into this 8th day of December, 2 011, by and between Escambia County, a political subdivision of the State of Florida (hereinafter referred to as "the County"), whose address is 223 Palafox Place, Pensacola, Florida 325132, and Transmap Corporation, a for-profit corporation authorized to transact business in the State of Florida, whose address is 336£ Riverside Drive, Suite, 143, Upper Arlington, Ohio 43221, and whose Federal tax identification number is 31-1414214 (hereinafter referred to as the "Consultant'). ARTICLE I DEFINITIONS AND IDENTIFICATIONS For purposes of this Agreement and the various covenants, conditions, terms, and provisions which follow, the definitions and identifications set forth below are assumed to be true and correct and are therefore agreed upon by the parties. 1.1 BOARD OF COUNTY CQMMISSIONERS: The Board of County Commissioners of Escambia County, Florida, means the governing body of the Escambia County Government, 1.2 CONSULTANT: Transmap Corporation is the Consultant selected to perform professional services pursuant to this Agreement_ 1.3 CONTRACT ADMINISTRATOR: Whenever the term "Contract Administrator" is used herein, it is intended to mean ,lames Duncan, Project Manager, Public Works ! Engineering. In the administration of this contract, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the Contract Administrator. 1.4 CONTRACT SERVICES: The intent of this Contract is to make available certain professional consultant services to Escambia County as outlined herein. 1.5 COUNTY: Escambia County is a body corporate and politic and a political subdivision of the State of Florida. 1.6 LUMP SUM COMPENSATION: Lump sum computation refers to the method of payment under this Agreement for the professional services of the Consultant_ 1.7 NOTICE TO PROCEED: A Notice to Proceed is the written authorization issued by the County or the Contract Administrator to commence the Project 1.8 PROJECT: It is the intent of this Agreement that the Consultant provide to the County certain professional services for PD 10-11.062, Escambia County Road Evaluations. 3 ARTICLE 2 PREAMBLE In carrier to establish the background, context, and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations, and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 Under this Agreement, Escambia County will budget funds during Fiscal Year(s) 11-12 in the amount of Two Hundred Twenty Eight Thousand Four Hundred Ninty Eight Dollars ($228,498.00) for this Project. 2.2 The Board of County Commissioners has met the requirements of the Consultants' Competitive Negotiation Act, as contained in Section 287.055, Florida Statutes, as amended, and has selected the Consultant to perform the services hereunder. 2.3 Negotiations pertaining to the services to be performed by the Consultant were undertaken between Consultant and a committee selected by the Board of County Commissioners, and this Agreement incorporates the results of such negotiation. ARTICLE 3 SCOPE OF WORK The Consultant will provide certain professional consultant services for the tasks outlined in Escambia County's Request for Letters of interest (RLI) in Specification No. PD 10-11,062, Escambia County Road Evaluations, and as represented in the Consultant's Letter of Interest response to PD 10-11.062, subsequent interview, and proposal presentation. In the event of a conflict between the terms of the proposal and this Agreement: the terms of this Agreement shall prevail, 3.1 The basic services to be provided are set forth in Exhibit "A,a attached hereto and incorporated by reference herein, and unless otherwise specified, such services shall be completed in accordance with the standard care in the profession at the time such services are rendered. 3.2 Such services, generally, shall include those services performed by a consultant, its employees, and subcontractors, as more specifically enumerated in the Scope of Work of Exhibit W and any other services specifically included therein. 3.3 The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Agreement. The consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services furnish pursuant to the Agreement. 4 - (a) Neither the County's review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the County in accordance with applicable law for all damages to the County caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (b) The rights and remedies of the County provided for under this Agreement are in addition to any other rights and remedies provided by law_ (c) If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 3.4 The Consultant shall accomplish the design services required under this Agreement so as to permit the award of a contract at a price that does not exceed the estimated construction contract price as set forth in paragraph (b) below. When bids or proposals for the construction contract are received that exceed the estimated price, the Consultant shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this Agreement. However, the Consultant shall not be required to perform such additional services at no cost to the County if the unfavorable bids or proposals are the result of conditions beyond its reasonable control. (a) The Consultant will promptly advise the County if it finds that the project being designed will exceed or is likely to exceed the funding limitations, and it is unable to design a usable facility within these limitations. Upon receipt of such information, the County will review the Consultant's revised estimate of construction cost_ The County may, if it determines that the estimated construction contract price set forth in this Agreement is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (b) below, or the County may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the County shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation. in the event the county increases the amount in (b) below the compensation to the consultant shall be increased equitably. (b) The estimated construction contract price for the project described in the Agreement is NIA. 3.5 The Consultant may be liable for County costs resulting from negligent, reckless or intentionally wrongful errors or deficiencies in designs furnished under this Agreement, or failure to timely perform its services under this Agreement. Therefore, when a modification to a construction contract is required because of a negligent, reckless or intentionally wrongful error or deficiency in the services provided under this Agreement, the County (with the advice of technical personnel and legal counsel) shall consider the extent to which the Consultant may be reasonably liable. The County shall enforce such liability and collect the amount due, if the recoverable cost will exceed the administrative cost involved or is otherwise in the County's interest. 5 ARTICLE 4 TIME FOR PERFORMANCE 4A The schedule for completion of the Consultant's services shall be in accordance with Exhibit ug " which is attached hereto and made a part hereof. Such schedule may be modified from time to time upon the mutual consent of the County and the Consultant. 4.2 These services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Consultant's schedule for the performance of its services shall include allowances for periods of time required for the County's review and for its approval of submissions by the Consultant. Time limits established by this schedule, which are hereby approved by the County, shall not be exceeded by the Consultant, except for reasonable cause. 4,3 Prior to beginning the performance of any basic services under this Agreement, the Consultant must receive in writing a Notice to Proceed from the Contract Administrator, ARTICLE 5 COMPENSATION AND METHOD OF BILLING AND PAYMENT 5.1 COMPENSATION: The County agrees to pay the Consultant, as compensation for its services under Section 3.1 of this Agreement, an aggregate fee for certain project tasks pursuant to the fee schedule set forth in Exhibit"C,° attached hereto and made a part hereof. At the completion of each task, the Consultant will be compensated by a lump sum amount, which has been negotiated for that task, unless otherwise mutually agreed to by the parties hereto. The total fee for all such services, to be performed by the Consultant, including costs, direct expenses, and any other charges described in Section 5.3, is to be paid as follows: A lump sum amount of Two Hundred Twenty Eight Thousand Four Hundred Ninty Eight Dollars ($228,498.00). Final payment will be subject to approval by the Board of County Commissioners. 5.2 FEE SCHEDULE, The'fee schedule," as used herein, shall mean the charges shown in Exhibit "C" for certain tasks to be performed by the Consultant. Such fees shall include, all inclusively the Consultant's salaries of professional and administrative staff, sick leave, vacation, unemployment, excise and payroll taxes, contributions for social security, unemployment compensation insurance, retirement benefits, medical and insurance benefits, air travel, auto travel, telephone, facsimile, reproduction costs, other routine overhead expenses, profit, and all other expenses of every type- 5.3 DIRECT EXPENSES: Direct expenses are those expenses directly attributable to the Project, which will be exclusively borne by Consultant, and are included in its aggregate fee, they shall include, but not be limited to, the following: (a) Transportation expenses in connection with the Project. (b) Living expenses in connection with travel and any other travel expenses. (c) Long distance communications and other miscellaneous budget expenses. (d) Cost of printing plans, drawings, and specifications which are required by or of the Consultant to deliver the services set forth in this Agreement. The Consultant agrees and understands that it will furnish to the County two (2) sets of all Project plans, reports, and specifications in a bound format acceptable to the County. 6 (e) Cost of any software or hardware used or developed for the Project, including CADfCADD time. 5.4 METHOD OF BILLING AND PAYMENT: (a) For lump sum contracts, the Consultant may submit bills to the County at the completion and approval of each task or at the partial completion of a task on a pro-rata basis. However, requests for payment shall not be made more frequently than once a month. The Consultant shall submit such monthly statements identifying the nature of the work performed. Calculations shall be made monthly of the amount and value of the work accomplished and services performed by the Consultant which meet the standards of quality established under this Agreement. The estimates shall be prepared by the Consultant and accompanied by such supporting data as required by the Contract Administrator. (b) The County agrees that it shall pay the Consultant within thirty (30) business days of receipt of the Consultant's statement provided that the invoice is correct and is consistent with the terms of this Agreement. (c) Payments under this Agreement and interest on any late payments shall be governed by the Florida Prompt Payment Act, Section 218.70, Florida Statutes, as amended. 5.5 NOTICES: (a) Any notice, invoice, payment, or other communication under this Agreement required hereunder or desired by the party giving such notice shall be given in writing and delivered by hand or through the instrumentality of certified mail of the United States Postal Service or rather private courier service, such as Federal Express. (b) Unless otherwise notified in writing of a new address, notices, payment, and invoices shall be made to each party at the below listed addresses_ Rejection, or other refusal by the addressee to accept, or the inability of the courier service, or the United States Postal Service to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice sent. Any party shall have the right, from time to time, to change the address to which notices shall be sent by giving the other party at least ten (10) days prior notice of the address change. (c) Payments and Notices to the Consultant shall be made to: Howard Luxhoi, PE 3366 Riverside Drive, Suite 103 Upper Arlington, Ohio 43221 (d) Invoices to the County shall be sent to: Notices to the County shall be sent to: .dames Duncan Charles R. "Randy"Oliver ^^ Public Works T Engineering County Administrator 3363 Vilest Park Place P.O. Box 1591 Pensacola, Florida 32505 Pensacola, Florida 32597-1591 7 ARTICLE S ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK 6.1 The County or the Consultant may request changes that would increase, decrease, or otherwise modify the Scope of Work to be provided under this Agreement. Such changes must be in accordance with the procurement policies of the County and must be contained in a written amendment, executed by the parties thereto, with the same formality and of equal dignity prior to any deviation from the terms of this Agreement, including the initiation of any extra work. ARTICLE 7 COUNTY'S RESPONSIBILITIES 7.1 The County shall furnish to the Consultant, as required for performance of the Consultant's basic services, all available data prepared by or the result of the services of others, including without limitation (as may he appropriate): building plans and related drawings, core borings, probings, and subsurface explorations, hydraulic surveys, laboratory tests, and inspections of samples, materials, and equipment, appropriate professional interpretations of all of the foregoing; environmental assessments and impact statements, appropriate professional interpretations of all of the foregoing; property boundary, easement, rights-of-way, topographic and utility surveys; property descriptions; zoning, deed, and other land use restrictions; and any other special data or consultations relating to this Project- 7.2 The County shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform its services. 7.3 Within a reasonable time so as not to delay the services of the Consultant, the County shall examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by the Consultant, obtain advice of an attorney, insurance counselor, or other Consultants= as the County deems appropriate, for such examinations and the rendering, if required, of written opinions pertaining thereto. 7.4 The County shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 7.5 The County shall give prompt written notice to the Consu taut whenever the County observes or otherwise becomes aware of any development that affects the scope of timing of the Consultant's services, or any defect in the work of the Consultant. ARTICLE 8 CONSULTANT'S RESPONSIBILITIES 8.1 QUALITY OF SERVICE (a) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished pursuant to this Agreement. (b) To that end, the Consultant shall correct or shall revise, without additional compensation, any errors or deficiencies in its work product or shall make such revisions a as are necessary as the result of the failure of the Consultant to provide an accurate, more efficient, and property constructable product in its designs, drawings, specifications, or other services- (c) Neither the County's review of, approval of, or acceptance of, nor payment for, the services required by this agreement shalt be construed to operate as a waiver of any rights or of any cause of action arising out of the performance of this Agreement. Additionally, the Consultant shall be and remain liable to the County in accordance with applicable law for all damages to the County caused by the Consultants negligent performance of any of the services furnished under this Agreement. (d) The rights and remedies of the County provided for under this Agreement are in addition to any other rights and remedies otherwise provided by law. 81 CONSULTANT PROFESSIONAL REGISTRATION AND CERTIFICATION: (a) The design services provided to the County by the Consultant shall be certified by professional consultants registered to practice and in good standing in the State of Florida_ Any project inspection services also shall be reviewed and shall be approved by such professional consultants. (b) The survey services provided to the County by the Consultant shall be certified by professional land surveyors registered to practice and in good standing in the State of Florida. (c) Permit applications to State and Federal agencies prepared by the Consultant shall be signed and shall be sealed by the Consultant, as the projects Consultant of Record- For all such permit applications, post-construction certification also shall be made by the Consultant to the appropriate State or Federal permitting agency. ARTICLE 9 GENERAL PROVISIONS 9.1 OWNERSHIP OF DOCUMENTS, (a) Drawings, specifications, design, models, photographs, reports, surveys, and other data, including intellectual property of any type or description, produced by the Consultant in connection with this Agreement are and shall remain the property of the County whether the Project for which they were made is completed or not. Such ownership also shall include any electronic files developed or created of such documents, (b) When such documents are provided to other parties, the Consultant shall ensure return of the County's property by collecting, if appropriate, a deposit equal to the cost of reproduction. Such deposit shall be returned if the documents are timely returned in a useable condition, Otherwise, such deposit shall be retained by the Consultant. 9 9.2 TERMINATION: (a) This Agreement may be terminated by either party for cause, or by the County for convenience, upon fourteen (14) days written notice by the terminating party to the ether party of such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including all reimbursable expenses then due or incurred to the date of termination_ (b) Termination for cause shall include, but not be limited to, misuse of funds, fraud, lack of compliance with applicable rules, laws, regulations, and ordinances, and failure to perform in a timely manner any provision of this Agreement (c) In no event shall a termination for convenience by the County be deemed a default, and any such termination shall not subject the County to any penalty or other claim for damages. If the Consultant abandons this Agreement or causes it to be terminated, the Consultant shall indemnify the County against any loss pertaining to this termination up to a maximum of 1,3 times the full contracted fee amount of the Project. All finished or unfinished documents, data, studies surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the County and shall be immediately delivered by the Consultant to the County. (d) Vendor suspension or debarment proceedings brought by County pursuant to Chapter 46, Article 11, Division 2, Section 46-102, Escambia County Code of Ordinances, shall be grounds for immediate termination of this Agreement. 9.3 RECORDS- (a) The Consultant shall keep such records and accounts and shall require any subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement and any expenses for which the Consultant expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by the County, and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by the County of any fees or expenses based upon such entries. (b) The Consultant acknowledges that this Agreement and any related financial records, audits, reports, plans, correspondence, and other documents may be subject to disclosure to members of the public pursuant to Chapter 119, Florida Statutes, as amended. In the event the Consultant fails to abide by the provisions of Chapter 119, Florida Statutes, the County may, without prejudice to any right or remedy and after giving the Consultant and its surety, if any, seven (7) days written notice, during which period the Consultant still fails to allow access to such documents, terminate the employment of the Consultant. In such case, the Consultant shall not be entitled to receive any further payment. Reasonable terminal expenses incurred by the County may be deducted from any payments left owing the Consultant (excluding monies owed the Consultant for subcontractor work). 10 9.4 NO CONTINGENT FEES: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the County shall have the right to terminate the Agreement without liability and at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.5 SUBCONTRACTORS: The County approves the use of subcontractors by the Consultant. In the event the Consultant, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered by this Agreement, it must secure the prior written approval of the County for employment of such subcontractors. 9.6 ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the Consultant, without the prior written consent of the County. However, the Agreement shall run with the Escarnbia County Board of County Commissioners and its successors. 9.7 HOLD HARMLESS AND INDEMNIFICATION OF COUNTY: (a) HOLD HARMLESS: The Consultant agrees to hold harmless, indemnify, and defend County and its agents, officers, and employees from any and all claims, suits, actions, damages, liabilities, expenditures, or causes of action of any kind, losses, penalties, interest, demands, judgments, and costs of suit, including attorneys' fees and paralegals` fees, for any expense, damage, or liability incurred by any of them, whether for bodily or personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly, on account of or in connection with Consultant's negligent performance of this Agreement or by any person, firm, or corporation to whom any portion of the performance of this Agreement is subcontracted to or used by the Consultant, or by any other person for whom the Consultant is legally liable. (b) INDEMNIFICATION: The parties understand and agree that such indemnification by the Consultant relating to any matter which is the subject of this Agreement shall extend throughout the term of this Agreement and any statutes of limitations thereafter, The Consultant's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. The Consultant agrees to pay on behalf of Escambia County, as well as provide a legal defense for the County, both of which will be done only if and when requested by the County, for all claims as described in the Hold Harmless paragraph. Such payment on the behalf of the County shalt be in addition to any and all other legal remedies available to the County and shall not be considered to be the County's exclusive remedy. 11 9.8 INSURANCE: The Consultant is required to carry the following insurance: (a) Commercial General Liability with $1,000,000 minimum per occurrence, including coverage parts of bodily injury, property damage, broad form property damage, personal injury, independent contractors, blanket contractual liability, and completed operations. (b) Automobile Liability with $1,000,000 per occurrence minimum combined single limits for all hired, owned, and non-awned vehicles. (c) Professional Liability with $1,000,000 per occurrence minimum limit, (d) Florida statutory workers' compensation and employers' liability with employer's liability limits of at least $100,000 each accident and $'100,000 each employeet$500,000 policy limit for disease. (e) It is understood and agreed by the parties that in the event that the Consultant, as defined in Section 1.2, consists of a joint venture, partnership, or other association of professional or business firms, each such firm shall be required to individually carry the above cited coverages. (f) All liability coverage shall be through carriers admitted to do business in the State of Florida. Carriers shall be a minimum financial size of VII, according to the latest edition of the A.M. Best Key Rating Guide. An A or better Best Ratting is referred, however, other ratings if "Secure Best Ratings" may be considered. Liability policies shall be underwritten on the occurrence basis, except the professional and environmental impairment coverage may be provided on a claims made basis. Escambia County and the Board of County Commissioners shall be "additional insureds" on all liability policies (except professional liability). Certificates of insurance shall be provided to Claudia Simmons, Purchasing Manager, P.O. Box 1591, Pensacola, Florida 32597-1591 prior to commencement of work hereunder. Certificates shall reflect the additional insured status of Escambia County and shall provide for a minimum of thirty (30) days notice of cancellation_ Escambia County and the Board of County Commissioners also shall be the certificate molders, 9,9 REPRESENTATIVE OF COUNTY AND CONSULTANT, (a) It is recognized that questions in the day-to-day conduct of the Project will arise. The Contract Administrator, upon request by the Consultant, shall designate and shall advise the Consultant in writing, persons to wham all communications pertaining to the day-today conduct of the Project shall be addressed. (b) The Consultant shall inform the Contract Administrator in writing of the representative of the Consultant to whom matters involving the conduct of the Project shall be addressed. 9.10 ALL PRIOR AGREEMENTS SUPERSEDED: (a) This document incorporates and includes all prier negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained 12 in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or Agreements whether oral or written. (b) It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 9.11 TRUTH-IN-NEGOTIATION CERTIFICATE: The signing of this Agreement by the Consultant shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the County determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. 9.12 HEADINGS: Headings and subtitles used throughout this Agreement are for the purpose of convenience only, and no heading or subtitle shall modify or be used to interpret the text of any section. 9.13 GRATUITIES: Neither the Consultant nor any of its employees, agents, and representatives shall offer or give to an officer, official, or employee of the County gifts, entertainment, payments, leans, or other gratuities. The Consultant acknowledges knowledge of the State of Florida's ethics statutes and to the extent applicable to the Consultant, the Consultant agrees to abide with such statutes. 9.14 CONFLICT OF INTEREST: The Consultant hereby certifies that k will completely disclose to the County all facts bearing upon any possible conflicts, direct or indirect, with its performance which it believes that any officer, employee, or agent of the Consultant now has or will have. Said disclosure shall be made by the Consultant contemporaneously with the execution of this Agreement and at any time thereafter that such facts become known to the Consultant. The Consultant at all times shall perform its obligations under this Agreement in a manner consistent with the best interests of the County. Failure to abide by this section shall result in the immediate termination of this Agreement pursuant to Chapter 46, Article II, division 4 of the Escarnbia County Code of Ordinances. 9.15 SURVIVAL: All other provisions which, by their inherent character, sense, and content are intended to survive termination of this Agreement, shall survive the termination of this Agreement. 9.16 GOVERNING LAIN: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the parties stipulate that venue for any matter which is a subject of this Agreement shall be in the County of Escambia. 9.17 INTERPRETATION: For the purpose of this Agreement, the singular includes the plural and the plural shall include the singular. References to statutes or regulations shall include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation referred to. Words not otherwise defined that have well-known technical or industry meanings, are used in accordance with such recognized meanings. References to persons include their respective permitted successors and assigns and, in the case of governmental persons, persons succeeding to their respective functions and capacities. 13 (a) If the Consultant discovers any material discrepancy, deficiency, ambiguity, error, or omission in this Agreement, or is otherwise in doubt as to the meaning of any provision of the Agreement, the Consultant shall immediately notify the County and request clarification of the County's interpretation of this Agreement. (b) This Agreement shall not be more strictly construed against either party hereto by reason of the fact that one party may have drafted or prepared any or ail of the terms and provisions hereof. 9.18 SEVERABILITY: The invalidity or non-enforceability of any portion or provision of this Agreement shall not affect the validity or enforceability of any other portion or provision. Any invalid or unenforceable portion or provision shall be deemed severed from this Agreement and the balance hereof shall be construed and enforced as if this Agreement did not contain such invalid or unenforceable portion or provision. 9,19 COMPLIANCE WITH LAWS; The Consultant shall keep fully informed regarding and shall fully and timely comply with all current laws and future laws that may affect those engaged or employed in the performance of this Agreement. Without limiting the generality of the foregoing, the Consultant shall observe all rules and regulations of federal, state, and local officials relating to the subject matter of this Agreement_ 9.24 PARTICIPATION IN OTHER PROCEEDINGS: At the County's request, the Consultant shall allow itself to be joined as a party in any legal proceeding that involves the County regarding the design, construction, or installation of any matter which is the subject of this Agreement. This provision is for the benefit of the County and not for the benefit of any other party. 9.21 FURTHER DOCUMENTS: The parties shall execute and deliver all documents and perform further actions that may reasonably necessary to effectuate the provisions of this Agreement. 9.22 NO WAIVER: The failure of the Consultant or the County to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of any other provision or of either party's right to thereafter enforce the some in accordance with this Agreement, 14 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates under each signature: Escambia County, Florida through its Board of County Commissioners, signing by its County Administrator, duly authorized to execute this Agreement through the express delegation of authority set forth in Chapter 46, Article Il of the Escambia County Code of Ordinances, and Transmap Corporation, signing by and through its President, duly authorized to execute same. COUNTY: ESCAMBIA COUNTY, FLORIDA, a political subdivision of the State of Florida acting by and through its duly authorized Board of County Commissioners. WITNESS: Su 0 G"'.I By: Witness Charles R. "Randy" Oliver, County Administrator w t / Date: t I Witness BCC Approved: 12 OB111 CONSULTANT, Transmap Corporation, an Ohio Corporation authorized to o business in the State of Florida_ ATTEST: Corporate Secretary By: Howar ho, PE, President { r C.. f' By_ i.Lx Dale-, l Z7 1 f Secretary 15 Exhibit"1E" Escambia County Road Evaluations 2010-2011 Fiscal Year "Scope of Work" Summary This project consists of evaluating pavement conditions for approximately 1400 centerline miles of roadway. These roadways are comprised almost entirely of hot mix asphalt pavement. This project will also include uploading the collected pavement condition data into Escambia County's CarteGraph pavement management database. The firm will review and update pavement performance models based upon the new condition data with Escambia County, as well as provide a refresher course on the use of the CarteGraph software. Escambia County currently uses a 0 to 100 sliding scale for ranking each roadways overall condition index. We intend to continue using that ranking system. The firm will assist Escambia County in the development of a 5 year roadway resurfacing/ reconstruction plan. Exhibit"B" Schedule to be determined based on availability of Transmap Corporation and Escambia County Public Works/Engineering PAGE NO. 1 PURCHASE ORDER NO. 120851-2 BOARD OF COUNTY COMMISSIONER$ CHANGE DATE: 08109/12 ESCAMBIA COUNTY FLORIDA f 213 PALAFOX PLACE SECOND FLOOR SUITE 11.1 01 Ai CLERK OF THE COURT&COMPTROLLER PQ Box 1 591 V HON. ERNIE LEF MAGAHA PENSACOLA,FL 32591-1691 O 221 PALAFOX PLACE, SUITE 140 ;6501 595-4980 I PENSACOLA,FL 22502-5843 C (M) 595-4841 E J v F-202-511 --511 1 H I ENGiNErRnm E TRANS MAP CORPORATION I FJ11GINEERING DEPARTMENT N 3366 RIVERSIDE DR STE 103 P 3363 WEST 'ARK PLACE D UPPER ARLINGTON 411 43221 I PENSACOLA FL 32505 A TN: ROBIN LAMBERT ORDER OATS:12/1,4/11 BUYER: PAUL NOBLES RE12-NO-: 12000941 REO,DATE: 12/14/11 TERMS: NE:'.T.' 30 DAYS F-0-B- N/F. DESC.: CHANGE ORDEP, - 2 ITEM01 QUANTITY I UOM DESCRIPTION I UNIT PF310E EXTEN510N This change order provides for an Administrative Change Order for time only to allow time for Transmap to import data into Escambia County's Pavement Management System and for close out paperwork. The time of completion shall increase by one hundred seventy an 1171? Calendar days. The new completion date is October 31, 2012. CIP- Escarnbia County Roadway Evaluations 1 .40 LOT THUMP SUM. C014TRACT PER PD 10--11.062 .0000 0C3 „ESCAMBT-A COUNTY ROAD EVALUATIONS" . BCC APPROVAL 12/06/2011 ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ .00 TOTAL 5 .00 01 210204 56301 .00 • j APPROVED BY TAX 0 28RA011C-3 FED"D 0-e0a0-59S Original Pvchase Order ESCAMBIA COUNTY FLORIDA REQUEST FOR LETTERS OF INTEREST Escambia County Road Evaluations Solicitation Identification Number PD 10-11.062 Letters of Interest Will Be Received Until: 11:59 p.m. CDT, Wednesday, July 13, 2011 Office of Purchasing, Room 11.101 213 Palafox Place, Pensacola, FL 32502 Matt Langley Bell III Building Post Office Box 1591 Pensacola, FL 32597-1591 Attention: Paul R. Nobles, CPPO, CPPB, FCN, FCPM, FCCM Board of County Commissioners Kevin W. White, Chairman Wilson Robertson, Vice Chairman Grover Robinson IV Gene M_ Valentino Marie Young From: Claudia Simmons, CPPO Purchasing Manager All requests for assistance should be made in writing when possible. Responses will be provided to all known submitters in writing. No verbal responses will be provided. Assistance: Paul R. Nobles, CPPO, CPPB, FCN, FCPM, FCCM Purchasing Coordinator Office of Purchasing Matt Langley Bell 111 Building 213 Palafox Place 2nd Floor, Room 11.101 Pensacola, FL 32502 T: 850.595.4918 F. 850.595.4805 e-mail: Paul nobles@co.escambia.fl.us NOTICE It is the specific legislative intent of the Board of County Commissioners that NO CONTRACT under this solicitation shall be formed between Escambia County and the awardee vendor until such time as the contract is executed by the last party to the transaction. SPECIAL ACCOMMODATIONS: Any person requiring special accommodations to attend or participate, pursuant to the Americans with Disabilities Act, should call the Office of Purchasing, (850) 595-4980 at least five (5) working days prior to the solicitation opening. If you are hearing or speech impaired, please contact the Office of Purchasing at (860)595-4684(TTY). Escambia County Florida Request for Letters Of Interest Proposer's Checklist Escambia County Road Evaluations Identification Number PD 10-11.062 How to Submit Your Proposal Please review this document carefully. Offers that are accepted by the county are binding contracts. Incomplete proposals are not acceptable. All documents and submittals must be received by the office of purchasing on or before date and hour specified for receipt. Late proposals will be returned unopened. The County has implemented a new Electronic Submittal Process, which requires the use of Govern mentForms.software®. This software, which generates and posts a customized version the Standard Form (SF) 330 along with the capability to upload other required items, can be downloaded at the following address: http://submiffals.mvescambia.com/ • Letter Of Interest (PDF) • GSA Standard Form 330 • Part 11 (provide if not already submitted) • Part I PDF1 These forms are available as editable PDF documents from the website (links to these and other forms can be found at the end of this document). The Following Documents Should Be Returned With Response: • Letter From Insurance Carrier as to Capacity to Provide a Certificate Of Insurance as Specified In the "Insurance Requirements" • Certificate of Authority to do Business from the State Of Florida (Information Can Be Obtained at httpJ lwww.sunbiz.org/search.htmi) Note: While the following forms are attached to this solicitation. They are provided as an example only. Use the forms listed on http:lisubmittals.mvescambia.com/, General Information/Sample Forms/Required Items, they are PDF Forms. • Sworn Statement Pursuant to Section 287.133 (3)(A), Florida Statutes, On Entity Crimes • Drug-Free Workplace Form • Information Sheet For Transactions and Conveyances Corporate Identification The Following Submittals Are Required Upon Notice Of Award: • Certificate Of Insurance How to Submit a No Proposal If you do not wish to propose at this time, please respond to the Office of Purchasing providing your firm's name, address, a signature, and a reason for not responding in a sealed envelope. This will ensure your company's active status in our vendor's list. This form is only for your convenience to assist in filling out your proposal. Do not return with your proposal. PD 10-11.062, Escambia County Road Evaluations Escambia County Road Evaluations Solicitation Identification Number PD 10-11.062 I. INFORMATION PACKAGE "Scope of Work" Summary This project consists of evaluating pavement conditions for approximately 1400 centerline miles of roadway. These roadways are comprised almost entirely of hot mix asphalt pavement. This project will also include uploading the collected pavement condition data into Escambia County's CarteGraph pavement management database. The firm will review and update pavement performance models based upon the new condition data with Escambia County, as well as provide a refresher course on the use of the CarteGraph software. Escambia County currently uses a 0 to 100 sliding scale for ranking each roadways overall condition index. We intend to continue using that ranking system. The firm will assist Escambia County in the development of a 5 year roadway resurfacing/ reconstruction plan. Initial Conceptual Design Estimates $200,000 Anticipated Disciplines (Function Codes SF 330) for this project Code Description 02 Administrative 29 Geographic Information System Specialist 48 Project Manager Anticipated Experience Categories (Profile Codes SF 330) for this project Code Description G04 Geographic Information System Services: Development, Analysis, and Data Collection H07 Highways; Streets; Airfield Paving; Parking Lots I. INSTRUCTIONS TO SUBMITTERS Firms desiring to provide described Professional Services shall submit one (1) electronic copy of your firms Letter of Interest containing all of the requested information no later than the date and time listed on the cover sheet. Submittals delivered late shall not be accepted or considered. No exceptions will be made. Government Forms Software: http:Ilsubmittals.myescambia.coml All information requested must be submitted. Failure to submit all information may result in a lower evaluation of the proposal. Letters, which are substantially incomplete or lack key information, may be rejected by the County at its 2 PD 10-11.062, Escambia County Road Evaluations discretion. The selection of the short listed firms will be based on the information provided in the submittal. The submittals shall be in the GSA Standard Form (SF) 330 format with two additional sections as described below (include in Letter of Interest). No other format will be acceptable. Information submitted with your letter of interest should include documentation to demonstrate your firm's qualifications and abilities to provide the scope of services. The submittal should include sufficient information to permit a clear understanding of similar past projects, especially in Florida, staff experience and abilities, and any other additional, pertinent details to describe the team's capabilities. A committee will review the information submitted and short-list the firms. On- site presentations, interviews, and or discussions will be requested of a short list of three or more firms. Once all review is complete, the short-listed firms will be ranked by the selection committee with the top ranked firm being scheduled for negotiations. Award(s) resulting from this solicitation shall be subject to the provisions of Chapter 1-9-5, CONSULTANTS of the Ordinances of Escambia County and Procedure PP-250 VENDOR PERFORMANCE EVALUATIONS of the Purchasing Policies and Procedures of Escambia County. The following policy will apply to all methods of source selection! Conduct of Participants After the issuance of any solicitation, all bidders/proposers/protestors or individuals acting on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected County officials, their agents or employees or any member of the relevant selection committee at any time during the blackout Period as defined herein; provided, however, nothing herein shall prohibit bidderslproposers/protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided for in the solicitation or unless otherwise directed by the purchasing manager. Definitions Blackout period means the period between the time the bids/proposals for invitations for bid or the request for proposal, or qualifications, or information, or requests for letters of interest, or the invitation to negotiate, as applicable, are received at the Escambia County Office of Purchasing and the time the Board 3 PD 10-11.062, Escambia County Road Evaluations awards the contract and any resulting bid protest is resolved or the solicitation is otherwise canceled. Lobbying means the attempt to influence the thinking of elected County officials, their agents or employees or any member of the relevant Selection Committee for or against a specific cause related to a pending solicitation for goods or services, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication. Sanctions The Board may impose any one or more of the following sanctions on a nonemployee for violations of the policy set forth herein: (a) Rejection/disqualification of submittal (b) Termination of contracts; or (c) Suspension or debarment as provided in Sec. 46-102 of the Escambia County Code of Ordinances. This policy is not intended to alter the procedure for Protested Solicitations and Awards as set forth in the Sec. 46-101 of the Escambia County Code of Ordinances. [I. FIRMS' EVALUATIONS AND SELECTION The County shall follow the procedures of the Consultants' Competitive Negotiation Act, Title XIX, Chapter 287, Section 055 of the Florida Statutes. The selection committee shall consider such factors as: Points 1. Past five years experience with roadway evaluation/ data collection for 30 County, State, & City municipalities 2. Experience With CarteGraph Pavement View Software 25 3. Ability to collect and import data in timely matter 15 4. Background experience & technical expertise of firm & individual team 20 members 5. Past record & performance 5 Award(s) resulting from this solicitation shall be subject to the provisions of Chapter 1-9- 5, CONSULTANTS of the Ordinances of Escambia County and Procedure PP-250 VENDOR PERFORMANCE EVALUATIONS of the Purchasing Policies and Procedures of Escambia County. 4 PD 10-11.062, Escambia County Road Evaluations Ill. SCHEDULE The following schedule will be adhered to in so far as practical in all actions related to this procurement. This does not constitute a public notice. Public notices will be sent out with the time, location and date prior to meetings. Mailing date of proposals Monday, June 27, 2011 Letters of Interest due date 11:59 p.m. CDT, Wednesday, July 13, 2011 Short-Listing Meeting Wednesday, July 20, 2011 Discussions with Short-Listed Firms Wednesday, August 3, 2011 Negotiations with First Ranked Firm Wednesday, August 17, 2011 Board of County Commissioners Thursday, August 4, 2011 approval IV. SUBMITTAL REQUIREMENTS The County has implemented an Electronic Submittal Process that utilizes Govern mentForms.software@ (GFS) to generate a customized version of the Standard Form (SF) 330 in a specific format. Other items shall be in PDF format and must be submitted by electronic upload via GFS or manually via the County's web site at http:/Isubmittals.my-escambia.com/ Required items are described below: I. Letter of Interest (PDF format) Letter of Interest prepared by a corporate officer or principal of the firm authorized to obligate the firm contractually. Requirements for this section (to be included in Letter of Interest): • Proposers shall include any additional information to represent your firm for consideration. • Proposers shall list all currently active contracts or task orders with Escambia County, Florida and the following relative information • Contract or Task Order name • Current status • Costs Original cost, to include any change orders ■ Remaining balance • Proposers shall list any work which their organization failed to complete in the last five (5) years and describe the when, where, how and why of such failure. 5 PD 10-11.062, Escambia County Road Evaluations • Proposers shall list any officer or partner of their team who in the last five (5) years failed to complete a contract handled in his/her name and to discuss the reasons thereof. • Proposers shall list any lawsuits in which their team (firms and individuals) is involved relative to services performed or failed to perform over the last five (5) years. 2. Standard Form (SF) 330— Part I (GFS format) Generated by Govern mentForms.software®, maximum 50 pages, includes: • Standard Form (SF) 330 - Part I, Section A-C Page Limit: Typically just 1 page in length • Standard Form (SF) 330 - Part I, Section D Not required by County for this submittal • Standard Form (SF) 330 - Part 1, Section E Page Limit: 20 pages/resumes • Standard Form (SF) 330 - Part 1, Section F Page Limit: 10 pages/projects • Standard Form (SF) 330 - Part 1, Section G Page Limit: 1 page • Standard Form (SF) 330 - Part I, Section H Page Limit: No section limit, although total form length shall not exceed 50 pages. 6 PD 10-11.062, Escambia County Road Evaluations SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON ENTITY CRIMES 1. This sworn statement is submitted to (print name of the public entity) by (print individual's name and title) for (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1 1 understand that"convicted" or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. c. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into binding contract and which bids or 7 PD 10-11.062, Escambia County Road Evaluations applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. d. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THOROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) Sworn to an subscribed before me this day of , 19 Personally known OR produced identification Notary Public- State of My commission expires (Type of identification) (Printed typed or stamped commissioned name of notary public) 8 PD 10-11.062, Escambia County Road Evaluations Information Sheet for Transactions and Conveyances .Corporation Identification The following information will be provided to the Escambia County legal department for incorporation in legal documents. It is, therefore, vital all information is accurate and complete. Please be certain all spelling, capitalization, etc. is exactly as registered with the state or federal government. (Please Circle One) Is this a Florida Corporation: Yes or No If not a Florida Corporation, In what state was it created: Name as spelled in that State: What kind of corporation is it: "For Profit" or "Not for Profit' Is it in good standing: Yes or No Authorized to transact business in Florida: Yes or No State of Florida Department of State Certificate of Authority Document No.: Does it use a registered fictitious name: Yes or No Names of Officers: President: Secretary: Vice President: Treasurer: Director: Director: Other: Other: Name of Corporation (As used in Florida): (Spelled exactly as it is registered with the state or federal government) Corporate Address: Post Office Box: City, State Zip: Street Address: City, State, Zip: (Please provide post office box and street address for mail andlor express delivery; also for recorded instruments involving land) (Please continue and complete page 2) 9 PD 10-11.062, Escambia County Road Evaluations Page 2 of 2 Corporate Identification Federal Identification Number: (For all instruments to be recorded,taxpayer's identification is needed) Contact person for company: Telephone Number: Facsimile Number: Name of individual who will sign the instrument on behalf of the company: (Contract must be signed by the President or Vice-President. Any other officer must have permission to sign via a resolution approved by the Board of Directors on behalf of the company. Awarded contractor shall submit a copy of the resolution together with the executed contract to the Office of Purchasing) (Spelled exactly as it would appear on the instrument) Title of the individual named above who will sign on behalf of the company: END (850) 488-9000 Verified by: Date: 10 PD 10-11.062, Escambia County Road Evaluations Drug-Free Workplace Form The undersigned vendor, in accordance with Florida Statute 287.087 hereby certifies that does: Name of Business 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 through 5. Check one: As the person authorized to sign this statement, I certify that this firm complies fully with above requirements. As the person authorized to sign this statement, this firm does not comply fully with the above requirements. Submitter's Signature Date 11 PD 10-11.062, Escambia County Road Evaluations INSURANCE: The Consultant is required to carry the following insurance: (a) Commercial General Liability with $1,000,000 minimum per occurrence, including coverage parts of bodily injury, property damage, broad form property damage, personal injury, independent contractors, blanket contractual liability, and completed operations. (b) Automobile Liability with $1,000,000 per occurrence minimum combined single limits for all hired, owned, and non-owned vehicles. (c) Professional Liability with $1,000,000 per occurrence minimum limit. (d) Florida statutory workers' compensation and employers' liability with employer's liability limits of at least $100,000 each accident and $100,000 each employeel$500,000 policy limit for disease. (e) It is understood and agreed by the parties that in the event that the Consultant, as defined in Section 1.2, consists of a joint venture, partnership, or other association of professional or business firms, each such firm shall be required to individually carry the above cited coverages. (f) All liability coverage shall be through carriers admitted to do business in the State of Florida. Carriers shall be a minimum financial size of VIII according to the latest edition of the AM Best Rating Guide. An A or better Best Rating is "preferred"; however, other ratings if "Secure Best Ratings" may be considered. Liability policies shall be underwritten on the occurrence basis, except the professional and environmental impairment coverage may be provided on a claims made basis. Escambia County and the Board of County Commissioners shall be "additional insureds" on all liability policies (except professional liability). Certificates of insurance shall be provided to Claudia Simmons, Purchasing Manager, P.O. Box 1591, Pensacola, Florida 32591-1591 prior to commencement of work hereunder. Certificates shall reflect the additional insured status of Escambia County and shall provide for a minimum of thirty (30) days notice of cancellation. Escambia County and the Board of County Commissioners also shall be the certificate holders. 12 PD 10-11.062, Escambia County Road Evaluations STANDARD PROFESSIONAL CONSULTING SERVICES CONTRACT DOCUMENTS FOR AGREEMENT BETWEEN ESCAMBIA COUNTY AND FORM G: CONSULTING SERVICES FOR STAND-ALONE PROJECTS Sample Contract 13 PD 10-11.062, Escambia County Road Evaluations TABLE OF CONTENTS Agreement Declarations PAGE ARTICLE f Definitions and Identifications 3 ARTICLE 2 Preamble 4 ARTICLE 3 Scope of Services 4 ARTICLE 4 Time for Performance 5 ARTICLE 5 Compensation and Method of Payment 6 ARTICLE 6 Additional Services and Changes in Scope of Services 7 ARTICLE 7 County's Responsibilities 8 ARTICLE 8 Consultant's Responsibilities 8 ARTICLE 9 General Conditions 9 Sample Contract 14 PD 10-11.062, Escambia County Road Evaluations AGREEMENT THIS AGREEMENT is made and entered into this _th day of 200_, by and between Escambia County, a political subdivision of the State of Florida (hereinafter referred to as "the County"), whose address is 223 Palafox Place, Pensacola, Florida 32502, and , a for-profit corporation authorized to transact business in the State of Florida, whose address is , (City), (State) (Zip), and whose Federal tax identification number is XX-XXXXXXX (hereinafter referred to as the "Consultant"). ARTICLE I DEFINITIONS AND IDENTIFICATIONS For purposes of this Agreement and the various covenants, conditions, terms, and provisions which follow, the definitions and identifications set forth below are assumed to be true and correct and are therefore agreed upon by the parties. 1.1 BOARD OF COUNTY COMMISSIONERS: The Board of County Commissioners of Escambia County, Florida, means the governing body of the Escambia County Government. 12 CONSULTANT: is the Consultant selected to perform professional services pursuant to this Agreement_ 1.3 CONTRACT ADMINISTRATOR: Whenever the term "Contract Administrator" is used herein, it is intended to mean (Name), (Title), (Department). In the administration of this contract, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the Contract Administrator. 1.4 CONTRACT SERVICES: The intent of this Contract is to make available certain professional consultant services to Escambia County as outlined herein. 1.5 COUNTY: Escambia County is a body corporate and politic and a political subdivision of the State of Florida. 1.6 LUMP SUM COMPENSATION: Lump sum computation refers to the method of payment under this Agreement for the professional services of the Consultant. 1.7 NOTICE TO PROCEED: A Notice to Proceed is the written authorization issued by the County or the Contract Administrator to commence the Project. 1.8 PROJECT: It is the intent of this Agreement that the Consultant provide to the County certain professional services for ARTICLE 2 PREAMBLE In order to establish the background, context, and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations, and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied 15 PD 10-11.062, Escambia County Road Evaluations upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 lender this Agreement, Escambia County will budget funds during Fiscal Year(s) XX-XX in the amount of ($ ) for this Project. 2.2 The Board of County Commissioners has met the requirements of the Consultants' Competitive Negotiation Act, as contained in Section 287.055, Florida Statutes, as amended, and has selected the Consultant to perform the services hereunder. 2.3 Negotiations pertaining to the services to be performed by the Consultant were undertaken between Consultant and a committee selected by the Board of County Commissioners, and this Agreement incorporates the results of such negotiation, ARTICLE 3 SCOPE OF WORK The Consultant will provide certain professional consultant services for the tasks outlined in Escambia County's Request for Letters of Interest (RLI) in Specification No. PD XX-XX.XXX, and as represented in the Consultant's Letter of Interest response to PD XX-XX.XXX, subsequent interview, and proposal presentation. In the event of a conflict between the terms of the proposal and this Agreement, the terms of this Agreement shall prevail. 3.1 The basic services to be provided are set forth in Exhibit "A," attached hereto and incorporated by reference herein, and unless otherwise specified, such services shall be completed in accordance with the standard care in the profession at the time such services are rendered. 32 Such services, generally, shall include those services performed by a consultant, its employees, and subcontractors, as more specifically enumerated in the Scope of Work of Exhibit"A"and any other services specifically included therein. 3.3 The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Agreement. The consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services furnish pursuant to the Agreement. (a) Neither the County's review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the County in accordance with applicable law for all damages to the County caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (b) The rights and remedies of the County provided for under this Agreement are in addition to any other rights and remedies provided by law_ 16 PD 10-91.062, Escambia County Road Evaluations (c) If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 3.4 The Consultant shall accomplish the design services required under this Agreement so as to permit the award of a contract at a price that does not exceed the estimated construction contract price as set forth in paragraph (b) below. When bids or proposals for the construction contract are received that exceed the estimated price, the Consultant shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this Agreement. However, the Consultant shall not be required to perform such additional services at no cost to the County if the unfavorable bids or proposals are the result of conditions beyond its reasonable control. (a) The Consultant will promptly advise the County if it finds that the project being designed will exceed or is likely to exceed the funding limitations, and it is unable to design a usable facility within these limitations. Upon receipt of such information, the County will review the Consultant's revised estimate of construction cost. The County may, if it determines that the estimated construction contract price set forth in this Agreement is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (b) below, or the County may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the County shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation. In the event the county increases the amount in (b) below the compensation to the consultant shall be increased equitably. (b) The estimated construction contract price for the project described in the Agreement is $ 3.5 The Consultant may be liable for County costs resulting from negligent, reckless or intentionally wrongful errors or deficiencies in designs furnished under this Agreement, or failure to timely perform its services under this Agreement. Therefore, when a modification to a construction contract is required because of a negligent, reckless or intentionally wrongful error or deficiency in the services provided under this Agreement, the County (with the advice of technical personnel and legal counsel) shall consider the extent to which the Consultant may be reasonably liable. The County shall enforce such liability and collect the amount due, if the recoverable cost will exceed the administrative cost involved or is Otherwise in the County's interest. ARTICLE 4 TIME FOR PERFORMANCE 4.1 The schedule for completion of the Consultant's services shall be in accordance with Exhibit "6," which is attached hereto and made a part hereof. Such schedule may be modified from time to time upon the mutual consent of the County and the Consultant. 17 PD 10-11.062, Escambia County Road Evaluations 4,2 These services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Consultant's schedule for the performance of its services shall include allowances for periods of time required for the County's review and for its approval of submissions by the Consultant. Time limits established by this schedule, which are hereby approved by the County, shall not be exceeded by the Consultant, except for reasonable cause. 4.3 Prior to beginning the performance of any basic services under this Agreement, the Consultant must receive in writing a Notice to Proceed from the Contract Administrator. ARTICLE 5 COMPENSATION AND METHOD OF BILLING AND PAYMENT 5,1 COMPENSATION: The County agrees to pay the Consultant, as compensation for its services under Section 3.1 of this Agreement, an aggregate fee for certain project tasks pursuant to the fee schedule set forth in Exhibit"C," attached hereto and made a part hereof. At the completion of each task, the Consultant will be compensated by a lump sum amount, which has been negotiated for that task, unless otherwise mutually agreed to by the parties hereto. The total fee for all such services, to be performed by the Consultant, including costs, direct expenses, and any other charges described in Section 5.3, is to be paid as follows: A lump sum amount of ($ ). Final payment will be subject to approval by the Board of County Commissioners. 5.2 FEE SCHEDULE: The "fee schedule," as used herein, shall mean the charges shown in Exhibit °C" for certain tasks to be performed by the Consultant. Such fees shall include, all inclusively the Consultant's salaries of professional and administrative staff, sick leave, vacation, unemployment, excise and payroll taxes, contributions for social security, unemployment compensation insurance, retirement benefits, medical and insurance benefits, air travel, auto travel, telephone, facsimile, reproduction costs, other routine overhead expenses, profit, and all other expenses of every type. 5.3 DIRECT EXPENSES: Direct expenses are those expenses directly attributable to the Project, which will be exclusively borne by Consultant, and are included in its aggregate fee, they shall include, but not be limited to, the following: (a) Transportation expenses in connection with the Project. (b) Living expenses in connection with travel and any other travel expenses. (c) Long distance communications and other miscellaneous budget expenses. (d) Cost of printing plans, drawings, and specifications which are required by or of the Consultant to deliver the services set forth in this Agreement. The Consultant agrees and understands that it will furnish to the County two (2) sets of all Project plans, reports, and specifications in a bound format acceptable to the County. (e) Cost of any software or hardware used or developed for the Project, including CADICADD time. 5.4 METHOD OF BILLING AND PAYMENT: (a) For lump sum contracts, the Consultant may submit bills to the County at the completion and approval of each task or at the partial completion of a task on a pro-rata basis. However, requests for payment shall not be made more frequently than once a 18 PD 10-11.062, Escambia County Road Evaluations month. The Consultant shall submit such monthly statements identifying the nature of the work performed. Calculations shall be made monthly of the amount and value of the work accomplished and services performed by the Consultant which meet the standards of quality established under this Agreement. The estimates shall be prepared by the Consultant and accompanied by such supporting data as required by the Contract Administrator. (b) The County agrees that it shall pay the Consultant within thirty (30) business days of receipt of the Consultant's statement provided that the invoice is correct and is consistent with the terms of this Agreement. (c) Payments under this Agreement and interest on any late payments shall be governed by the Florida Prompt Payment Act, Section 218.70, Florida Statutes, as amended. 5.5 NOTICES: (a) Any notice, invoice, payment, or other communication under this Agreement required hereunder or desired by the party giving such notice shall be given in writing and delivered by hand or through the instrumentality of certified mail of the United States Postal Service or other private courier service, such as Federal Express. (b) Unless otherwise notified in writing of a new address, notices, payment, and invoices shall be made to each party at the below listed addresses. Rejection, or other refusal by the addressee to accept, or the inability of the courier service, or the United States Postal Service to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice sent. Any party shall have the right, from time to time, to change the address to which notices shall be sent by giving the other party at least ten (10) days prior notice of the address change. (c) Payments and Notices to the Consultant shall be made to: (d) Invoices to the County shall be sent to: Notices to the County shall be sent to: County Administrator P.O. Box 1591 Pensacola, Florida Pensacola, Florida 32597-1591 19 PD 10-11.062, Escambia County Road Evaluations ARTICLE fi ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK 6.1 The County or the Consultant may request changes that would increase, decrease, or otherwise modify the Scope of Work to be provided under this Agreement. Such changes must be in accordance with the procurement policies of the County and must be contained in a written amendment, executed by the parties thereto, with the same formality and of equal dignity prior to any deviation from the terms of this Agreement, including the initiation of any extra work. ARTICLE 7 COUNTY'S RESPONSIBILITIES 7.1 The County shall furnish to the Consultant, as required for performance of the Consultant's basic services, all available data prepared by or the result of the services of others, including without limitation (as may be appropriate): building plans and related drawings, core borings, probings, and subsurface explorations, hydraulic surveys, laboratory tests, and inspections of samples, materials, and equipment, appropriate professional interpretations of all of the foregoing; environmental assessments and impact statements, appropriate professional interpretations of all of the foregoing; property boundary, easement, rights-of-way, topographic and utility surveys; property descriptions; zoning, deed, and other land use restrictions; and any other special data or consultations relating to this Project. 7.2 The County shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform its services. 7.3 Within a reasonable time so as not to delay the services of the Consultant, the County shall examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by the Consultant, obtain advice of an attorney, insurance counselor, or other Consultants, as the County deems appropriate, for such examinations and the rendering, if required, of written opinions pertaining thereto. 7.4 The County shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 7.5 The County shall give prompt written notice to the Consultant whenever the County observes or otherwise becomes aware of any development that affects the scope of timing of the Consultant's services, or any defect in the work of the Consultant. ARTICLE 8 CONSULTANT'S RESPONSIBILITIES 8.1 QUALITY OF SERVICES: (a) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished pursuant to this Agreement. (b) To that end, the Consultant shall correct or shall revise, without additional compensation, any errors or deficiencies in its work product or shall make such revisions as are necessary as the result of the failure of the Consultant to provide an accurate, 20 PD 10-11.062, Escambia County Road Evaluations more efficient, and properly constructable product in its designs, drawings, specifications, or other services. (c) Neither the County's review of, approval of, or acceptance of, nor payment for, the services required by this Agreement shall be construed to operate as a waiver of any rights or of any cause of action arising out of the performance of this Agreement. Additionally, the Consultant shall be and remain liable to the County in accordance with applicable law for all damages to the County caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (d) The rights and remedies of the County provided for under this Agreement are in addition to any other rights and remedies otherwise provided by law. 8.2 CONSULTANT PROFESSIONAL REGISTRATION AND CERTIFICATION: (a) The design services provided to the County by the Consultant shall be certified by professional consultants registered to practice and in good standing in the State of Florida. Any project inspection services also shall be reviewed and shall be approved by such professional consultants. (b) The survey services provided to the County by the Consultant shall be certified by professional land surveyors registered to practice and in good standing in the State of Florida. (c) Permit applications to State and Federal agencies prepared by the Consultant shall be signed and shall be sealed by the Consultant, as the project's Consultant of Record. For all such permit applications, post-construction certification also shall be made by the Consultant to the appropriate State or Federal permitting agency. ARTICLE 9 GENERAL PROVISIONS 9.1 OWNERSHIP OF DOCUMENTS: (a) Drawings, specifications, design, models, photographs, reports, surveys, and other data, including intellectual property of any type or description, produced by the Consultant in connection with this Agreement are and shall remain the property of the County whether the Project for which they were made is completed or not. Such ownership also shall include any electronic files developed or created of such documents. (b) When such documents are provided to other parties, the Consultant shall ensure return of the County's property by collecting, if appropriate, a deposit equal to the cost of reproduction. Such deposit shall be returned if the documents are timely returned in a useable condition. Otherwise, such deposit shall be retained by the Consultant. 21 PD 10-11.062, Escambia County Road Evaluations 92 TERMINATION: (a) This Agreement may be terminated by either party for cause, or by the County for convenience, upon fourteen (14) days written notice by the terminating party to the other party of such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including all reimbursable expenses then due or incurred to the date of termination. (b) Termination for cause shall include, but not be limited to, misuse of funds, fraud, lack of compliance with applicable rules, laws, regulations, and ordinances, and failure to perform in a timely manner any provision of this Agreement. (c) In no event shall a termination for convenience by the County be deemed a default, and any such termination shall not subject the County to any penalty or other claim for damages. If the Consultant abandons this Agreement or causes it to be terminated, the Consultant shall indemnify the County against any loss pertaining to this termination up to a maximum of 1.3 times the full contracted fee amount of the Project. All finished or unfinished documents, data, studies surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the County and shall be immediately delivered by the Consultant to the County. (d) Vendor suspension or debarment proceedings brought by County pursuant to Chapter 46, Article II, Division 2, Section 46-102, Escambia County Code of Ordinances, shall be grounds for immediate termination of this Agreement. 9.3 RECORDS: (a) The Consultant shall keep such records and accounts and shall require any subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement and any expenses for which the Consultant expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by the County, and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by the County of any fees or expenses based upon such entries. (b) The Consultant acknowledges that this Agreement and any related financial records, audits, reports, plans, correspondence, and other documents may be subject to disclosure to members of the public pursuant to Chapter 119, Florida Statutes, as amended. In the event the Consultant fails to abide by the provisions of Chapter 119, Florida Statutes, the County may, without prejudice to any right or remedy and after giving the Consultant and its surety, if any, seven (7) days written notice, during which period the Consultant still fails to allow access to such documents, terminate the employment of the Consultant. In such case, the Consultant shall not be entitled to receive any further payment. Reasonable terminal expenses incurred by the County may be deducted from any payments left owing the Consultant (excluding monies owed the Consultant for subcontractor work). 22 PD 10-11.062, Escarnbia County Road Evaluations 9.4 NO CONTINGENT FEES: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the County shall have the right to terminate the Agreement without liability and at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.5 SUBCONTRACTORS: The County approves the use of subcontractors by the Consultant. In the event the Consultant, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered by this Agreement, it must secure the prior written approval of the County for employment of such subcontractors. 9.6 ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the Consultant, without the prior written consent of the County. However, the Agreement shall run with the Escambia County Board of County Commissioners and its successors. 9.7 HOLD HARMLESS AND INDEMNIFICATION OF COUNTY: (a) HOLD HARMLESS: The Consultant agrees to hold harmless, indemnify, and defend County and its agents, officers, and employees from any and all claims, suits, actions, damages, liabilities, expenditures, or causes of action of any kind, losses, penalties, interest, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage, or liability incurred by any of them, whether for bodily or personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly, on account of or in connection with Consultant's negligent performance of this Agreement or by any person, firm, or corporation to whom any portion of the performance of this Agreement is subcontracted to or used by the Consultant, or by any other person for whom the Consultant is legally liable. (b) INDEMNIFICATION: The parties understand and agree that such indemnification by the Consultant relating to any matter which is the subject of this Agreement shall extend throughout the term of this Agreement and any statutes of limitations thereafter. The Consultant's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. The Consultant agrees to pay on behalf of Escambia County, as well as provide a legal defense for the County, both of which will be done only if and when requested by the County, for all claims as described in the Hold Harmless paragraph. Such payment on the behalf of the County shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County's exclusive remedy. 23 PD 10-11.062, Escambia County Road Evaluations 9.8 INSURANCE: The Consultant is required to carry the following insurance: (a) Commercial General Liability with $1,000,000 minimum per occurrence, including coverage parts of bodily injury, property damage, broad form property damage, personal injury, independent contractors, blanket contractual liability, and completed operations. (b) Automobile Liability with $1,000,000 per occurrence minimum combined single limits for all hired, owned, and non-owned vehicles. (c) Professional Liability with $1,000,000 per occurrence minimum limit. (d) Florida statutory workers' compensation and employers' liability with employer's liability limits of at least$100,000 each accident and $100,000 each employee/$500,000 policy limit for disease. (e) It is understood and agreed by the parties that in the event that the Consultant, as defined in Section 1.2, consists of a joint venture, partnership, or other association of professional or business firms, each such firm shall be required to individually carry the above cited coverages. (f) All liability coverage shall be through carriers admitted to do business in the State of Florida_ Carriers shall be a minimum financial size of VII, according to the latest edition of the A.M. Best Key Rating Guide. An A or better Best Rating is referred; however, other ratings if "Secure Best Ratings" may be considered. Liability policies shall be underwritten on the occurrence basis, except the professional and environmental impairment coverage may be provided on a claims made basis. Escambia County and the Board of County Commissioners shall be "additional insured's" on all liability policies (except professional liability). Certificates of insurance shall be provided to Joe Pillitary, Purchasing Manager, P.O. Box 1591, Pensacola, Florida 32597-1591 prior to commencement of work hereunder. Certificates shall reflect the additional insured status of Escambia County and shall provide for a minimum of thirty (30) days notice of cancellation. Escambia County and the Board of County Commissioners also shall be the certificate holders. 9.9 REPRESENTATIVE OF COUNTY AND CONSULTANT: (a) It is recognized that questions in the day-to-day conduct of the Project will arise. The Contract Administrator, upon request by the Consultant, shall designate and shall advise the Consultant in writing, persons to whom all communications pertaining to the day-to-day conduct of the Project shall be addressed. (b) The Consultant shall inform the Contract Administrator in writing of the representative of the Consultant to whom matters involving the conduct of the Project shall be addressed. 9.10 ALL PRIOR AGREEMENTS SUPERSEDED: (a) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained 24 PD 10-11.062, Escambia County Road Evaluations in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or Agreements whether oral or written. (b) It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 9.11 TRUTH-IN-NEGOTIATION CERTIFICATE: The signing of this Agreement by the Consultant shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the County determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. 9.12 HEADINGS: Headings and subtitles used throughout this Agreement are for the purpose of convenience only, and no heading or subtitle shall modify or be used to interpret the text of any section. 9.13 GRATUITIES: Neither the Consultant nor any of its employees, agents, and representatives shall offer or give to an officer, official, or employee of the County gifts, entertainment, payments, loans, or other gratuities. The Consultant acknowledges knowledge of the State of Florida's ethics statutes and to the extent applicable to the Consultant, the Consultant agrees to abide with such statutes. 9.14 CONFLICT OF INTEREST: The Consultant hereby certifies that it will completely disclose to the County all facts bearing upon any possible conflicts, direct or indirect, with its performance which it believes that any officer, employee, or agent of the Consultant now has or will have. Said disclosure shall be made by the Consultant contemporaneously with the execution of this Agreement and at any time thereafter that such facts become known to the Consultant. The Consultant at all times shall perform its obligations under this Agreement in a manner consistent with the best interests of the County. Failure to abide by this section shall result in the immediate termination of this Agreement pursuant to Chapter 46, Article II, Division 4 of the Escambia County Code of Ordinances. 9.15 SURVIVAL: All other provisions which, by their inherent character, sense, and context are intended to survive termination of this Agreement, shall survive the termination of this Agreement. 9.16 GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the parties stipulate that venue for any matter which is a subject of this Agreement shall be in the County of Escambia. 9.17 INTERPRETATION: For the purpose of this Agreement, the singular includes the plural and the plural shall include the singular. References to statutes or regulations shall include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation referred to. Words not otherwise defined that have well-known technical or industry meanings, are used in accordance with such recognized meanings. References to persons include their respective permitted successors and assigns and, in the case of governmental persons, persons succeeding to their respective functions and capacities. 25 PD 10-11.062, Escarnbia County Road Evaluations (a) If the Consultant discovers any material discrepancy, deficiency, ambiguity, error, or omission in this Agreement, or is otherwise in doubt as to the meaning of any provision of the Agreement, the Consultant shall immediately notify the County and request clarification of the County's interpretation of this Agreement. (b) This Agreement shall not be more strictly construed against either party hereto by reason of the fact that one party may have drafted or prepared any or all of the terms and provisions hereof. 9.18 SEVERABILITY: The invalidity or non-enforceability of any portion or provision of this Agreement shall not affect the validity or enforceability of any other portion or provision. Any invalid or unenforceable portion or provision shall be deemed severed from this Agreement and the balance hereof shall be construed and enforced as if this Agreement did not contain such invalid or unenforceable portion or provision. 9.19 COMPLIANCE WITH LAWS: The Consultant shall keep fully informed regarding and shall fully and timely comply with all current laws and future laws that may affect those engaged or employed in the performance of this Agreement. Without limiting the generality of the foregoing, the Consultant shall observe all rules and regulations of federal, state, and local officials relating to the subject matter of this Agreement. 9.20 PARTICIPATION IN OTHER PROCEEDINGS: At the County's request, the Consultant shall allow itself to be joined as a party in any legal proceeding that involves the County regarding the design, construction, or installation of any matter which is the subject of this Agreement. This provision is for the benefit of the County and not for the benefit of any other party. 9.21 FURTHER DOCUMENTS: The parties shall execute and deliver all documents and perform further actions that may reasonably necessary to effectuate the provisions of this Agreement. 9.22 NO WAIVER: The failure of the Consultant or the County to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of any other provision or of either party's right to thereafter enforce the same in accordance with this Agreement. 26 PD 10-11.062, Escambia County Road Evaluations IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates under each signature: Escambia County, Florida through its Board of County Commissioners, signing by its County Administrator, duty authorized to execute this Agreement through the express delegation of authority set forth in Chapter 46, Article 11 of the Escambia County Code of Ordinances, and signing by and through its President, duly authorized to execute same. COUNTY: ESCAMBIA COUNTY, FLORIDA, a political subdivision of the State of Florida acting by and through its duly authorized Board of County Commissioners. WITNESS: By: Witness Randy Oliver, County Administrator Date: Witness BCC Approved: CONSULTANT: a Corporation authorized to do business in the State of Florida. ATTEST: Corporate Secretary By: (Name), (Title) By: Date: Secretary 27 Transmap Corporation Escambia County November 2,2011 Pavement Management Pricing 1)Project Management/i Data Collection �ransmaprdr�sknap 1.1 Transmap Project Management(units= Covers kickoff meeting in Escambia County, lump sum) support,conference calls,etc.- wrap up, project tracking(deliveries)project reports 1 $15,263.00 $15,263.00 1.2 01 Raw Data Collection(units= Raw roadway data and image capture.360- centerilne miles) degree image view of all roadways(ROW) with dedicated pavement camera(100% 1260 $99.00 $i24,$124,740M roadway coverage) �g�Yi3l q11.i3auR-Aa ia_. A1t4 i it c a rav aka co73ecban Hi .��..,Y_....=.: -�:.,..r• - ..., �_. -"'�=' _ � �- 49-_017°--- - b7�0 -�.. — Subtotal $143,563.00 2 Pavement Data Collection Creation Xas —._�D titxnn -= ,. 2.1 Streets-Pavement Inspection and PCI The detailed surface distress analysis calculatlon. Transmap uses ASTM D- includes pavement width at sample locations 6433-09 compliant methods(units= and section length,including robust QA/QC. 13,739 $5.38 $73,915.82 samples). (County has 5,444 segments In network,the avers a samples per sea meat is 2.8 2.2 Pavement Manual/Bootcamp(units= 7ransmap will come on-site to Escambia days) County to review pavement practices and 2 $1,750.00 $3,500.00 procedures. This will set the foundation for redo In . 23 CarteGraph Formatting and Loading 7ransmap will run all pavement distress data through CarteGraph to produce the OCI 1 $5,500.00 $5,500.00 values. 2.4 Pavement Reporting(units=hours) A 5-50 year pavement plan with candidate maps.The reporting is based on information 44 $125.00 $5,540.00 gathered at the boot camp. Subtotal $88,415.82 3 Core Deliverables =.Tt•"d1JSRla�"'��'�' _ _bask Descry tibn x wreniilnenfs = M 3,1 rcGIS Server Web--Based.lmage Viewer Transmap will set up Escambia County toµ view all collected images in ArcGIS Server web environment with the PMS data, $0.00 Orthophcitooraphy and G i laver. Subtotal $0.00 Transmap suggested miles to meet budget=1300 driving and Inspection Total $232,378.82 Budget $228,498.00 40 mile Credit $3,SS0.82 TRANS-4 OP ID:VT TE CERTIFICATE OF LIABILITY INSURANCE ° 1112 /20/2 11!2812012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:419-636-5050 CONTACT Andres,O'Neil&Lowe(Bryan) NAME: 227 North Lynn Street ( ry ) Fax:413-636-0132 pl° o Ext: arc Not: Bryan,OH 43506 E-MAIL Russ Davies,CPIA ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED TRANSMAP Corporation INSURER B:Lloyd's 3366 Riverside Or Ste 103 Upper Arlington,OH 43221-1734 IN5URERC: INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWfTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.POLICY EXP ]NSR TYPE OF INSURANCE DDL UBR POLICYNUMBFR MM LTR OEL EFF MMIDDTYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 • X COMMERCIAL GENERAL HAR[LITY ENP0008067 02/03/2010 02/03/2013 pREMISES�Ea oocurrenoe $ 500,00 CLAIMS-MADE OCCUR - MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LiMITAPPLIESPER: PRODUCTS-COMPIOPAGG $ 2,000,00 POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea acradent • X ANY AUTO ENP0008067 021031201D 0210312013 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-0VVIYED PROPERTY DAMAGE $ nt HIRED AUTOS AUTOS per accid e X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,00 • EXCESS DAB CLAIMS-MADE ENP0008067 02/0312010 02103/2013 AGGREGATE $ 2,000,00 DED X RETENTION$ O $ WORKERS COMPENSATION VAC STATLI- I OTH- AND EMPLOYERS'LIABILITY 0 Y L MIT E • ANY PROPRIETORIPARTNERIEXECUTIVEYIN ENP0008067 02/0312010 02/0312013 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? 1:1 N!A (Mandatory in NH) EMPLOYERS LIABILITY E.L.DISEASE-EAEMPLOYEd$ 1,000,00 If yes,describe under ff DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,00 B Professional Liab ANE123848012 10131/2012 10!31!2013 Claim 1,000,00 Aggregate 1,000,00 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) This certificate is issued as required by contract between City of Delray Beach FL and Transmap Corporation- City of Delray Beach, FL is an additonal insured per form GA233, in reference to project Number: 13-021 and Project Name: Str Resurf/Reconst FY'13 CERTIFICATE HOLDER CANCELLATION CITDEL3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Deis Beach,Florida HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Delray ACCORDANCE WITH THE POLICY PROVISIONS. 434 South Swinton Avenue Delray Beach,FL 33444 AUTHORIZED REPRESENTATIVE b 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance proAded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Addiflonal Insured Person(s) or Organization(s): Locations of Coverod Operations City of Delray Beach, FL 434 S. Swinton Ave Delray Beach, 1"L 33444 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A Section I1-Who is an Insured is amended to This.insurat e does not apply to "bodily ir>-W' include as an additional insured the person(s) or"property damage"occurring after: or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", 1. All work, inclWing rfratenals, parts or "property damage" or ".personal and advertis- equipment furnished in. connection with rig injury" carried in Whole or in part by such work, oti the project(other than ser- vice, maintenance or-repairs) to be per 1. Yow acts or omissions; or formed by or on behalf of the additional 2 in.sured(s).at the location, of the covered . The acts of omissions of those acting on operations has been completed; or your behalf, 2. !n the performance of your ongoing operations That Portion of "your work°' out of which the injury or damage arises has been put for the additionW insured(s) at the location(s) to its intended use by any person or or- designated above, ganizatiDn other than another contractor B: With respect to the insurance afforded to or subcontractor engaged.to performing these additional insoteds, the foilowirig add!- operations for a principal as a.part of the' tional exclusions apply. same project. CG 20 10 07 04 C ISO PFopartl. s, Itic.,20104 THIS ENDORSEMENT CHANGES THE POLICY.- PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided und&r the fbllovA.ng' COMMZRCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents:. Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.... ...... ............................................. 2. Unintentional Failure to Disclose Hazards,------_ ...... 7 1 damage to Premises'Rented to You --------- ............ .............. 4. Supplementary Payments... .. ................. ..:..................9 5. Medical ...... 6. Voluntary Property Damage(Coverage a,)and Care,Custody or Control Liability Coverage (Coverage b.)............................................. .................. 7. 180 Day CoveraDe for Newly Formed or Acquired Organizations ......10 8. Waiver of ....... ........ 10 9, Automatic Additional Insured-Specified-Relaflon.ships, ....... ......... ...... Managers or Lessors of Premises; Lessot of Leased EquIpment, Vendors; • State or Political Subdivisions-Permits Relatingla Premises; State or Po[itical.SubdMsions-Permits;and Contractors' Operations 10, Broadened Contractual Li.ability-Work W.ithin 59 of RzCilr.Oad 4 11.. Property Damage U).Borrowed Equipment-------------................__,........................................14 12. Employees as Insureds-Specified Health Care,Services: -------------_----................ ..........14 Nurses; Emergency Medical T6chnldans; and Paramedics 13. Broadened Notice of Occurrence.......... ............111.1-.1"...................._._........_............... B. Limits of Insdrance: The Commercial General Liability Limits of Insurance apply t.o the insurance provided by this endorse- ment, except as provided below. I- Employee Benefit Liability Coverage Each Employee Limit: .$ 1,0Q0,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3: Damage to Premises Rented to You The lesser of- a. The Each 0ocurrence Limit shown in the Declarations,or lb.- $500,000 unless othermse stated$ 4.. Supolzmentary Paymefits a. Ball bands- $ 1 loot) b. Loss of earnings- $ 350 .5. Medical Payments Medical Expense Limit-. $ 10,0C. Includes copyrighted material of Insurance GA 233 020. T Services Office, Inc_ with its permission, Page 1 of 1 5 6, Voluntary Properly.0amage (Coverage a.)and Gaye, Custody or Control l .abiility Gpveracge (Coverage b.) Limits of insurance(Each Occurrence) Coverage a,$1,000 Coverage`b.$5,000 upless.otherwise stated Dedudtilales(Each Occurrence) Coverage a;$250 Coverage b.$250 unless otherwise stated COVERAGE PREMIUM BASIS RATIO ADVANCE.PREMIUM (a) Area (For Limits in Excess of (For Limits in Ekcess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM 11.. Propnrty Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductibles. $ 250 C. Coverages: have used up the ap- 1, Ern;pio ee Benefl:t Liabilit C'Overa e plicable limit of insur- Y Y 9 an.ce in the.payment of a. The following is added to SECTION l judgments or settle- - COVERAGES. Employee Benefit ments. Liability Coverage, No other obligation or iiabil.- (1) Insuring Agreement: ity to pay sums or perform acts or services is covered (a) We will pay-those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages.caused by any act, er- (b) Ttais Insurance apples to ror or omission of the in- sured', or of any other per- damages only if the act, er- so,n for whose acts the in- ror or omission, is negli- sured is legally liable, -to gently committed in the Which this insurance ap- administration of your plies. We will have the right "employee benefit pro- and- duty to defend the in= gram"; and s'ured against any "suit" 1) Occurs during the poi= seeking those damages- icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided_ not apply. We may, at our discretion;, investigate any a) You did not have raport of an act, error or knowledge of a omission and settle any claim or "suit" on claim or ".suit" that.may re- or before the of salt. But, fective date of this endorsement. 1) The amount-we will pay; will. be far damages is limited a will.deemed to have as described in SEC7. TION 111 - LIMITS OF knowledge :of. a INSURANCE;and claim or "suit" when -any 2) Our right and duty. to "authorized repfe; defend ends when we sentative"; Includes copyrighted-rriatedat of Insurance: GA 233 .02.07 Services Office,Inc.., with its permission, Page 2.pi 15 I) Reports all, or iormance of investment any part, of the vehicles;or act; error or omission to us 3) Advice given to any or any other person Mth respect to insurer; that {person's decision to participate.or not to ii) :Receives a participate in any plan written or ver- included in the 'em, bal dernand or ployee benefit pro= claim for darn- gram ages because of the act, er- (f) Workers' Gompensat!on ror -or omis- and Similar Laves sion;and Any claim arising out of b) There is no other your failure.to comply with applicable insur- the mandatory provisions of ance, arry workers'compensation, unemployment compensa- tion insurance, social secu- rity or disability benefits law to: This insurance does not apply or any similar law. - (a) Bodily Iniirry, Prapert} ( ) ERISA Damage or Personal and Damages for which any in- .Advertising Injury svred is liable because of "Bodil injury" liability imposed on a fiducl- Y J rY property: ary by the Employee Re.- damage" or "persona[ and brement income Security advertising injury", Act' of 1974; as now or (h) 'Dishonest, Fraudulent, "en . hereafter amended, or by Criminal or Mallcious Act any similar federal, state or local laws, Damages arising out of any Available Benefits .intentional; dishonest, (h) `Fraudulent, criminal or mali- Any claim for benefits to the ciotrs act; error or omission, extent that such benefits corrirnitted.by any insured, are available, with reason- including the willful o:r reck able effort and cooperalion less violation of any statute- of the insured, from the ap- (c) .Faifure to Perform a con- plicable funds accrued or tract other collectible insurance;. Damages.arising out of fail- () Taxes, Fines or Penalties ure of performance of con- - Taxes; fines or penalties; tract by any insurer_ including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an focal law; insufficiency of funds: to meet any obligations under {t} Employment-Related any plan included in the Practices ".employee benefit pro- Any liability arising out of grain", any: (e) Inadequacy of Perform- a.tf,ce of Investment 1 Ad- Vice Given. With Res,pe:ct (2) Termination pf emw- to Participation ployment,. Any claim based upon, (3) Coercion, demotion, 7) Failure of any invest- evaluation,. reassign - merit; discipline, defa- rrient to perform tnation, harassment, 2) Errors in :providing in- humiliation, discrimina formation on past :per- lion or other employ- Includes copyrighted.material of Insurance GA 233 02 07 Services Office,Inc.,with its.permission. Page 3 of 95 rnent-related practices, (e) A trust, you are an insured. acts or omissiana or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their dirties as as a result of('I.); (2) or trustees_ (3)above. () Each of the following is also an This exclusion applies insured. whether the insured may be held Iiabie as an employer (a) Each of your "employees or in any other capacity and who is or was authorized to to any obligation to share adrninlister your "employee damages with :or repay benefit program, someone else who must pay damages because -of (b) Any persons., organizations the injury. or "employees" having proper temporary authori (3) Supplementary Payments: zation to administer your "employee benefit pTograr-n SECTION I - COVERAGES, if you die, but only until your SUPPLEMENTARY PAY legal representative is a.p- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. ti. Who is.an Imiured, (c) Your legal representative if you die, but only with r-e- As respects Employee Benefit Lialall- spect to duties as such; ity Coverage, SECTION 11 -WHO I5 That representative will AN INSURED is deleted in its en- have all your rights and-du- tirety slid replaced by the following: Part under this Coverag e (1) If you are designated in the Declarations as: (s) Any organization you nearly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liablilty company; and over only with respect to the Which .you maintain bwnership conduct of a business of or majority interest, will qualify which you are the sole as a Narned :Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision: ture, you are an insured, Your members, your part- (a) Is afforded only until the hers, and their spouses are 'I 80th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the.policy period, your business, whichever is earlier,and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but Only with respect to the qui.red or formed the or- conduct of your business. ganization, Your managers are in- c. Lirnfts of Insurance sureds, but only with re spect to their duties as your As respects Errmpioyee Benefit Llabil- managexs. ity Coverage, SECTION III - LiMITS (d) An organizafson other than OF INSURANCE is deleted in its e a partnership, joint venture tirety and replaced by the following or limited liability company, (1) The Limits of I u:rance shown you are an insured. Your in Section 13- limits of Insur- ance, 9. Employee Benefit U_ rectors are insureds, but ability Goverage and the rules ;only with respect to their below fix the most we will Ray duties as your officers or di- regardless of the number of: rectors. Your:stockholders are also insureds, but only (a) Insueeds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page-4 of 15' (b). Claims made or 'suits" (b) The deductible amount brought-, stated in the Declarations applies to all damages (c)' Persons or c�g:anizations sustained by any one "ern- making claims or bringing to "suits"; P ee y including such employee's" depei-relents (d) acts,errors or omissions;or and beneficiaries., because of all acts, errors car omis- (e) 1enefits included in your sions to which this 'incur= "employee benefit pros- ance applies: ern„' (c) The terms of this irsurance, {2} The Aggregate Limit shown in Including those with respect Section B. Limits of Insurance., to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured damages because of :acts, er- against any "suits" rors or omissions negligently seeking those dam- committed in the °adniinistra- ages; and lion" of your "employee. benefit 2) Your duties, and the program", duties of any other in- (3) Subject to the limit described in valved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B, Limits onission,or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the dedu.ctfble this endorsement is.the most we amount. -will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of claim or "suJ' and, upon (a) An act,error or omission;or notification of the action taken, you shall -prornpfly (b) A series of related acts, er reimburse 'us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid, that. lapses between such d. Addiflonal Conditions acts,errors or omissions, As respects- Employee Benefit L1- negligently committed in the ability Coverage, SECTION IV - "adrninistration" of your "em- COMMERCIAL GENERAL LIABIL- ployee.benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows, der this endorsement shall not (T) Item 2. Duties in the Event of exceed,- and will be subject to Occurrence,'Of;'ense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following- in any plan included in the "em- ployee benefit program"'. 2. Duties in the Event of an Act-, Error or (4) Deductible Amount Omission, or Claim or Suit a. You roust see to it that we ara noti- (a) Our obliga�on to pay dam- tied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in gored applies orify to the a claim. To the extent possible, no- amount of damages in ex- tice should include- cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and .Each Employee. The limits of insurance shall .not be (2) The names and addresses of reduced by the amount of anyone who m2y suffer dam- this deductible. ages as a result of the act, error or omission, Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 5 of tS be if a claim is made.or"suit"is brought b. Mefood of Sharing. against any insured,you must: If all of the other'insur ('a) Immediately record the spec-t}Cs 'ance piermits wntribu- of the claim or "shit" and the 'tion by equal shares, date received;and we will follow this (2) Notify us as soon as practi method also. Under cable.: this approach each in- Yoiu mist see to it that we receive surer contributes equal wHtten notice of the claim or"suit" as amounts until it has soot-as practicable. paid its applicable limit of insurance or none of c, You and any other involved insured the loss remains, trnust whichever comes first. (1} f.mmedJately send ins copies of If any of the other `in- any demands, rnotiCeS, SUM7 suran.ce dries not per- Morn es, or, legal papers re- mit contribution by ceived in connection with the equal shares, we will Claim OF"suit";. Contrib'ute by limits. Under this method, (2) Authorize cis to obtain records each insurer's share is and-other informaudri based err the rallo of its applicable limit of in- (3) Cooperate with:us in the investi- surance to the total a gation or settlemeotof the claim surable limits of al apr- on defense against flit '"s�iit'; ance,of all insurers. and - . . (4) Assist us, upon our request, in c. No Coverage the enforcemerit of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply, anee in force previous : d, No insured will to the effective date of,, except at that in- this Coverage Part. sured's own .cost, voluntarily make a payment; assume any obligation, or e. Additional Defnitions Incur any expense without our con- sent. As respects Employee Benefit Li- 2 Item 5, Other Insurance is de- ability Coverage, SECTION V ( ) DEFINITIONS is amended as fol- feted in its entirety and replaced lows; by the following: a, OtEier Insurance' 1j The following definitions e added: If'other valid;and collectible 1, "Administration"means: insurance is available to the insured for a lass we cover a: Providing information to under this Coverage Part; "employees", .including our obligations are limited their dependents and .as follows: beneficiaries, With re- spect to eligibility for or a. primary Insurance scope of "employee This insurance is pri- benefit programs''; rnary except when' c. b, Interpreting the "em- below applies. if tlris ployee benefit pro- insurance is primary, grams",; our obligations are not affected unless any of c. Handling records iii the other insurance is connection with the also primary. 'Then, We "errsplayee :benefit pro- will share with all that grants"`;or other ir;<surance by the d. Eflertin cantinuin method described in b, g, g or 'Mow. terminating any "em- ployee's" participatiQn Includes copyrighted material of Insurance GA 233 112 07 Services Office, Inc.,With its permission. .page 6 of 15 in any benefit included benefits, workers' corn- in the "employee bone- pensation and disability fit program": benefits; and However, "administration" d. Vacation. plans, includ- does not include: ing buy and sell pro- ,: Handling payroll. de= grams; leave of ab- ductions,or sense programs, in- clud'ing military, mater- #, The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of ta.nce plans; transpor- coverage. of insurance., tation and health club including but-not limited subsidies, to unemployment in- (2) The follQV"ng definitions are surance, social security deleted in their entirety and re. benefits;workers com- placed by the following: pensation and disability benefits, 21. "Suit" means a civil pro- 2. in W-ftich money 2. Cafieteria plans" means damages because of an plan authorized by applica- act; error or omission to ble law to allow "employ- which this insurance applies ees to elect to pay for cer- are alleged. "Suit"includes: fain benefits with pre-tax doliars:: a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program. and to which the in- providing some or all of the sured must submit or following benefits to "em ployees", Whether provided does submit with our through a"cafeteria plan"or consent; otherwise: b. Any other alternative dispute resolution pro- a. Group. fife insurance; ceedin group. accident or 9 in Which such damages are claimed health insurance, .den- and to which the in- tal, vision and hearing sured .sribmits With our plans, and flexible consent; or spending accounts- provided that no one e, An appeal of a civil other than an "em- proceeding ployee" may subscribe to such .benefits and 8, "Employee, means a per, such benefits are made son actively employed, for- generally available to merly employed, on leave those"employees" who of absence or disabled, or satisfy the plan's eligi- retired.. "Employee" in- bility requirements; cludes a "leased worker", "Employee" does not in- b. Profit sharing plans, elude a"temporary worker", employee- savings plans, employee stock 2. Unintentional Failure tG Disclose.-Haz- ownership plans, ped- aryls sion ,plans and stock SECTiQN IV-COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represer►- othe t that rte an m- tations is hereby amended by the addi- otlier than art- "exit" tiers ofthefiollouvin ployees' may subscribe g' to such benefits and Rased on our dependence upon your such benefits are shade representations as to existing hazards, if generally available to unintentionally you should fail to:disclose all "employees' Who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits., underthis Coverage Bart based solely can c. Unemployment insbr- such failure, ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc„with its permission. Page 7 of 15 3. Damage to Prernises Rented to You e) Settling, cracking, a. The last 5ubparagr2ph of Paragraph pans oingoror ex- 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2; 1_1- tion, or .discharge ABILITY Exclusions is hereby .de- or release. of feted and replaced by the following: waste. products or secretions, by in- EXciusions c.through q,.do not apply sects, birds, ro- to damage by fire, explosion, fight- dents or other Wing, stroke or soot to premises animafs, while rented to you or temporarily occupied by you with permission of (b) Loss caused direcify sir indi- the owner, rectly by any of the'faliow- b, The 'insurance provided 'under SEC- TI ing' ON I - COVERAGES, COVERAGE 1) Earthquake; volcanic A. BODILY INJURY AND PROP- eruption, .landslide or ERTY DAMAGE LIABILITY .applies any other earth move- 'to "property damage" arising out of ment, water damage to premises that we both rented to and occupied by you, 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as .provided in Water under the Paragraph 3.1a, above, 3) ground surface: press- The exclusions under SECTION ing .onj or flawing or I - COVERAGES, COVERAGE. seeping through,, A. BODILY INJURY AND PROPERTY .DAMAGE LIABIL- ITY, 2. Exclusions, other than is wails, fitoars or War and the Nuclear Energy paved surfaces; Liability Exclusion; are deleted b). Basements,. and the following are added:. 'whether paved or' This insurance does not apply shot,or to- c) Doorsv wlindows. or (a) "Propertydarnage": other openings,. 1) Assumed 1h any con- (c) Loss caused by or resulting traitor from .water that leaks or flows from phffnbing, heat- 2) Loss caused by or re- ing, air conditoning, or fire su€tins from -any of the protection systems caused following: by or resulting from freez- a}. Wear'and tear.; ing, unless: 1) You did your best to b) must, corrosion, maintain heat in the fungus, decay; building or structure;or deterioration, hid- den or latent de- 2.) You drained the feet or any quality equipment and shut off in property that the water. supply :if the causes it to darn- beat was not main- age or destroy it- tained, self; (d) Loss to ar damage to: c). Smnrg; 1) Plumbing, beating, air d) Mechanical conditioning, fire pro- breakdown in- tectian systems, or ciuding rupture or other equipment,or ap- burstiing caused pliances- or by centrifugal 2) Thq interior of any force; building or structure, or 'to personal property in the building�cr structure Includes copyrighted material of insurance GA 2.33 02 01 Services office,I.nc;,with its permission, 'age$of is caused by or resulting a, Medical Payments fmm ,rain-, snow, sleet or .ice, whether driven The Medical EXpense Limit of Any One by wind or not- Person as stated in the Declarations is amended to the limit shown in Section B. cx Li:mitafInsurance Limits. of Insurance, .5. Medical Pay - The of endorsement- The Damage to Premises RentedRented tta N� You Limit as shown in. the Declara ti:_ Voluntary Property Damage and Care, tions is amended as follows: -Custody or Control Liability Coverage (Z) Paragraph -6. of SECTION III - a. Voluntary Property Da n;ige Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by V+le will a "property damage"the following; pay for"pro e dam e' to property of others arising out of-op- 6, Subject to S. above, the erations incidental to the insured's Damage to Premises business when` Rented to You Limit is the most we will pay under ( ) ]Salvage is caused by the in- COVERAGE A. BODILY sured;or INJURY AND PROPERTY (2). Damage occurs while in tfiie in- DAMAGE LIABILITY, for Damag occursi w damages because of "property .damage" to With your consent; we will mane premises while rented to these paymehts.regardless of fault. you or temporarily occupied by you with permission of b, Care, Custcad.jr o� Control Liability the owner, arising out of Coverage any one "occurrence to SECTION ( - COVERAGES, GOV- p!ies,i this insurance ,ap- ERAGE A. BODILY INJURY AND plle5. PROPERTY DAMAGE LIABILITY, 2. {3) The amount we.will pay is lim- Exclusions,j. Damage to Pro:peri;y, ited as described in Section B. Subparagraphs (3), (4) and. (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments Witli respect to the insurance provided by this section of the endorsement; the foi- Under SECTION I - COVERAGE, SUP- IoWng additional provisions apply_ PLEMENTARY PAYMENTS - COVER- AGES A AND 13: a.. The Limits of.Insurance shown in the Declarations are replaced by the hm- a.. Paragraph 2. is replaced by the foi- its designated in.Section B.Limits of lowing: Insurance.; .6. Voluntary Property Damage and Care., Custody or Up to the limit shorn in Section B. Control .Liability Coverage- of this Limits of Insurance,44.a.Bail Bonds endorsement with respect e- cover- bonds this endorsement for Est id ents bail age provided by this endorsement. bonds required because of accidents These [units are inclusive'of and not or,traffic law violations arising out of T addition lima to the limits: being of the use of any vehicle to which the placed_ The Limits of Insurance Bodily Injury Liability Coverage ap- shown in Section B. Limits of Insur- plies: We do not have to furnish ante, 6. Voluntary Property Dam- these#�crnds, age and Care, Custody or Control b Paragraph 4, is replaced by the foj Liability Coverage of this endorse lovL([ng. meat fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of. The insured at our request to assist us in the investigation or defense of (t) Inaureds; the claim or "suit"':, including actual (2) Claims made or"suits" brought; lass of earnings up to the limit shown or in Section B. limits of Insurance, 4:b. Lass of Earnings of this en (3) Persons or organizations rnak- dorsement per day because of time ing claims❑r bringing°suits". off from work includes copyrighted material of Insurance GA 233 62 07 Services.Office,Inc.,with its permission. Page 0 of 15 b. Deductible.Clause -9, Automatic.Add(tional Insured - 5p¢ci- (9) Our obi<gation to pay, damages fred Relationships on your behalf applies only to a. The following is hereby aided to the amount of damages for each SEC710N.11-WHO Is AN. INSURED-, "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization d.e- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6; 'Voluntary Prop. below (heroMafter referred to'as erty Damage and Care, Cus- additional insured) whom you Cody or Control 1-ialJ114 Cov- are required to add as an addi- erage of this endorsement; The tionaf insured under this Cover- limits of insurance will not be re- age Fart by rein of duced by the application of such (a) A wrten contract or deductible amount agreement;or (2) Condition 2.Duties In the Event (b) An-oral agreement or con of Occurrence, Offense, Claim tract Where a certificate of or suit, applies to each claim or n insurance showing that per- suit' irrespective of the amount, son or organization as art (3) We may pay any part or all of additional insured has bear] the deductible amount to effect issued, settlement of any claim of"suit''' is art insured, provided: and, upon notification of the ac_, tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is_ d.eductibl:e amount as has been paid by us, 9) Currently in. effect_ or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- ,Acquired Q.rgariiaations riod;and SECTION 11 - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense Subparagraph a- of Paragraph , 'is to which this ir}surar;ee. hereby deleted and replaced by the fol- would apply;and lowing-. b ( ) They are not specifically a, insurance under this provision is af- named as an. additional in- forded only until the I Both day after cured under any other pro- you acquire or form the organization Vision of, or endorsement or the end of the policy period, added to, this Coverage whichever is earlier; Part. (2) Only the following persons or 8.. Waiver of Subrogation -(2) are additional in- sEGTION.IV- COMMERCIAL GENERAL 'sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coyerazge pro- Rights of Recovery Against Others to vided to such additionaf in. Us is hereby amended by the addition of sureds is limited as provided the following. herein: We waive any right of recovery We may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your, on- whom you have agreed per going operations or"your work" done un- Paragraph.9.a-(I) above to der a written contract requiring such provide insurance, but tardy waiver with that person or organization with respect to liability aris- and included in tha "products-completed ing out'of the 'ownership, operations hazard". However, our rights maintenance or use of that' may only be waived prior-to the "occur- part.of a premises ]eased to rence"giving rise to the injury or damage 'you., subject to the following for which we make ,payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our Tights. At our request, the insured will bring "`suit" apply t°' or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of insurance GA 233.02 07 Services Officer Inc_,with-its permission.. Page 10 of 15 you cease to be a ten- ej Any physical or ant in that prerd'ses, chemical change 2) -Structural alterations, in the product made intentionally new construction or by the vendor, demolition operations performed by or on be- d) Repackaging, un- half of such :add_ itional less unpacked insured.. solely for the pur- (b) Any person Or organization pose of inspection, demonstration, from which you lease -tasting, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9,a.{1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organlzation(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container- maintenance, operation or use by you of equipment e) Any failure. to leased to you by such per- make such in- son(s) or organizati"ons(s), spections, adjust- However, this insurance tnents,, tests or does not apply to any "oc- s.ervicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- (c) Any 'person dor wrganization< takes to make in the usual course (referred to below as ven-. of business, in dor) with whom you have connection with agreed per Paragraph 9.a.(1) move to provirie in- the distribution or sale of the prod- surance, but only with re- spect to "bodily Injury" or ucts; "property damage" arising f) Demonstration, in- out of"your products"which staliation, servic- are distributed or sold in the ing o.r -repair op- regular course of the vent' erations, oxcept dots business,. suti�ect to such operations the following addiaonai ex- performed at the clusions: vendor's premises in connection with 1) The insurance afforded the sale of the the vendor does not product, apply to- a) °'Bodily injury" or g) Products which, after distribution or "property damage" sale -by you., have, far which the ven- been labeled or dor is obligated to reEabeled or used pay damages by as a container, reason of tfie as- part or ingredient sumption of liabil of any other thing ity in a contract or or substance by or agreement. This for the vendor_ exclusion does not applyto liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization; sence of the core tract or agree- a) From Whom you mant; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 67 Services Office,Inc_with its permission, Rage 11 of 15 companying or 2) Tins insurance- does containing such not apply to "bodily in- products, or jury" "property darn- age' or "personal and b) When liability in- advertising injury" axis- cluded within .'the. ing out of operations 'products- performed for the state completed opera- or political subdivision, tions hazard" has 'been excluded (f) Any person or organization under this_,Cover- with which you have agreed age Part with re per Paragraph 9.,a;(1)' spect to such above to.provide insurance, products, but only 'With respect to 0- abil arising out of "your (d) Any state or political subdi ity work"' performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as: an surance;.subject to the fol- insured under this provision lowing additional provision_ of this endorsement contin- This insurance applies only ues. for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex issued a permit in connec- piration state of this Cover- tion with premises you own, age part, if there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mairite- contract or agreement, a fiance, repair, con- person or organization's struction., ere-etion, or status as ari insured under removal of advertising this endorsement ends. signs, awnings, cano- when your operations for pies, -cellar entrances, that insured are completed, coal holes, driveways, Arf lnsurarace provided to an manholes, marquees, ( ) y p hoist away openings, additional insured ziesignated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) 5ubparagraph5' (e) and: (f) bons and similar expo- does not apply to "bodily sures;or injury„or"property damage"_ 2) The construction, erec- included within the `larod- tion, or removal of .ele- u+cts=completed operations vators.; or hazard"; 3) The ownership, train- (b) Subparagraphs (a); (b), (d), tenance; or use of any (e)and {f) does not apply to elevators covered by "bodily injury", „property this insurance. damage" or "personal- and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per paragraph additional Insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the Lowing provisions; additional insured.;or 1) This insurance applies (r- Subparagraph () does not only with respect to op- apply to "bodily injury", erations performed by 41 property damage" or "'por you. or on your behalf sort] and advertising injury for which the state or arising a t of political subdivision has 4) Defects In design fur- issued a perrriit nished by or on behalf 'Includes copyrighted material of I nsuTance GA 233 02 07 Services Office,Inc.;with its permission, Rage 12 of 15 of the additional in- spects. any other insurance soured;Or policy issued to the addi- 2 The rendering o or tional insured, and such other insurance policy shall failure to rendet, any be excess and 1 or noricon- professional architec- tributing,whichever applies, tural, engineering or with this insurance, surveying services, in- ciuding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except approve snaps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV surveys, field or- COMMERCIAL, GEN- ders, change or ERAL LIABILITY ders or drawings CONDITIONS,5.Other and specifications; Insurance, b. Excess and insurance;or b) 'Supervisory, in- 2) For any other valid and spectlon, archi- collectible Insurance tectural or engi- available to the addi- neering'activities, tonal insured as an additional insured by 3} "YourwoTk"for which a attachment of an en- consolidated (wrap-up) dorsement to another Insurance program has insurance policy that is been. provided by the written on an excess primecontractor-project basin. In such case, manager or owner of the coverage provided the construction project .under this endorse- in which you ara in= meat.shall also be ex- volved. CeSS; b; Only with regard to insurance pro.- (2) Condition 11. Conformance to vided to an additional insured desig. Specific Written Contract or hated under Paragraph 9.4.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF.INSURANCE is amended 11. Conformance to -Specific to include Wfdten Contract or The limits applFcable to the.additional Agreement insured are those specified in the With respect to additional written contract or agreement or in Insureds described in Para- the Declarations of this Coverage graph 9.a42)(f)above only: Part, whichever are less. If no limits are specified in the written contract If a written contract of or agreement,or if there is no written agreement between you contract or agreement, the limits ap- and the additional. insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the addifional insured: this Coverage Park The limits of in- a. tae provided by the In- surance are inclusive of and not in surance Services Of, addition to the limits of insurance 'lice additional insured shown in the Declarations, form number CG 20 10 c. SECTION IV COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specked);or hereby amended as follows: Ii; Inctude coverage for (1) Condition 5;Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "yourworW'; insurance is primary and / and where the limits or cov- or noncontributory as re- eragp provided to the -addi- Includes copyrighted material of Insurance GA 233 02 (I7 Services Office,Inc.,vvith Its permission, Page 13 of 15 tional insured is more re- 11. of this endorsement fix the strictive than was specif- most-we will pay in any one "oc- rally requuired. in that written currence" regardless of the contract or agreement, the number of terms . Paragraphs 9,a.(3)(a , 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought,or as providing the. limits -or coverage required by .the (G) Persons for organizations terms of the written contract Making claims or bring or agreement,. but only to "shits". the extent that such limits or coverage is included within (2) Ded�lctible Clause the terms of the Coverage (a) Our obligation, to pay dam- Park to which this endorse- ages on your behalf applies men is attached,- If, how- only to the amount of dam- ever,,.the written contract flr ages for each "occurrence" agreement specifies the 1n- which are in excess of the In- surance Services Office- Deductible amount stated in additional' insured form number CG 20 10 but does Section B. Limits of Insur ante, 11, of this endorso= not specify which edition, or acct. The limits of insur- specifies an editon- that Merit, i.11 not limits reduced b does not exist, Paragraphs the. application of such b 9,a,(3)(a) and 9.a.(3)(b) of th etible amount. De- this endorsement. shall not apply and Paragraph 9.b, of (b) Condition 2, this endorsement shall Duties in the ap` went. of Occurrence, Of ply, fensa, Claim or Suit, ap- 10, Broadened Cemtractuaf Liability-Work plies to each claim or "suit" Within 50' of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1)of (c) We m2y pay any Parl or all Definition 12: "Insured contract" (SEC- of the deductible amount to TION V-DEFINITiONS)is deleted. effect settlement of any claim or "suit" and, upon 11. Property' [damage to Borrowed Equip- notification of the action ment taken, you shall promptly a. Thefoliowin reimburse us for such part g is hereby added to.Eic- of the deductible amount as elusion j. Damage to .Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE 12. Ermptoyees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTI'DAMAGE LIABILITY: it is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a,(1)(d) of SECTION 11 WHO IS AN sian do not apply to tools or equip-. ENSURED, does not appl}i to your "em merit loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss: ceased: b. With fesppct to the insurance pro- a. Nurses;, vided by this section. of the en- b, Emergency Medical Technicians.;or dorsement, the following additional provisions,apply: c. Paramedics:, (1.) The Limits of insurance shown in the jurisdiction where an 'bccurrence' in. the. Declarations are replaced or offense to which this insurance applies by the limits designated in Sec Makes place, tlon B. Limits of Insurance, 11: of this endorsement with respect 13. Broadened Notice of Occurrence: to coverage provided by this endorsement. These limits are Paragraph a'. of Condition .2. Duties in inclusive of and not in addition to the. Event of Occurrence, Offense, the limits being replaced: The Claim or Suit(SECTION IV„ COMMER- Limits of- Insurance shown in CIAL GENERAL LIABILITY CONDI- Section G_ Limits of Insurance, includes copyrighted material of Insurance GA 233 02.07 Services Office, Inc_,with its permission_ Page 14 of'9 5 TIONS) is hereby deleted and replaced (2) The names and addresses of byfhefollowing, any injured persons and vit- a. You Must see to it that we are noti- Messes;and fed as soon as practicable of an (3) The mature and Joicalloll of any occurrence'" or an offense which injury gar damage arising out of may result in s claim, To the extent the"occurrence" or offense_ possible, notice should include: This requirement.applies only when {'I How, when and where the'ac- the"occurrence" or offense is known currence"or offense took place; to an"authorized representative"_ inchides copyrighted material of Insurance GA 233 Q2 07 Services.ice,,lnc„with its permission. Page 15 of 15 3 \ g / 2 g g¥ \ / g S a a m w / w / k k K o % a \ o $ / y o S \ 2 / N 2 ƒ a a a § a \% § § \ \ �En E § 2 a/ § R R R ƒ � � � §§ § \ \ G ° \ \ 5 \ // \ k \c \ \ E/ of ® / c 6 fu u k\ x ƒ mt / u m � ) /L 2 � 0 2 ) —1 aem = z gym - , ce � uty� �8 e /t e , E _- = \ e Eef / Em § � � J< k \ � % k ) 2 � � ur § � � ») �/ um e $ ® § U _ \ ) © G\ u \ \ /® �@ / a § gym , 2/ e � 2 » em 0 K - t @/ fu u = , 2 ufu » % j }\ & �_ &\ S § E \ \ OU) u , ; E &5 2 F, / / m / En % - a 2 \ j � \ \Ln 0) \ _ / m 2 �� % {\ _ 4-1 \ 2{ � / - \ fu Ln e CL Ln CL 2 fu S u fu = En \ ® " \ k fu \ / ° ) 4\ ) ° ® 0 ° ` 0 m2 § $ Ln _ � \ u \ f 0u \ } 27 zm u y = % a ( ] § m \0. : \ ƒ G § // t E & _ }yu & t 8 = 2 [ FL 0 c k 2 _Ile -,Ie A 2 & 3 3 2� & 7 ' @ e _ q w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 2, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF JULY 15,2014 FINAL SUBDIVISION PLAT APPROVAL/WAIVER REQUEST/SALVATORI-GALLOWAY BACKGROUND The subject property comprises a 0.348 acre site consisting of portions of three platted lots. The property contains an existing single family residence constructed on the east side of the property in 1989. An additional single-family house, constructed in 1948, was located on the west side of the property, but was recently demolished. Since two single-family homes are not permitted on the same property, and the R-1-A zoning does not permit multiple-family development, prior to removal of the second house, the use of the property was nonconforming. Although the property is now conforming with respect to use, it is substantially larger than the minimum lot size permitted in the zoning district. The applicant's proposal is to replat the property into two single family home lots. DISCUSSION The subdivision is a replat of the North 102 feet of Lots 17, 18 and 19, Block 4 of the Map of Dell Park, according to the Plat thereof recorded in 1922 in Plat Book 8, Page 56, of the public records of Palm Beach County, Florida. The south 48 feet of these lots was sold as a separate parcel sometime in the past and a single-family home was constructed on that property in 1933. The proposed replat will divide the subject property into 2 single-family home lots and Tract "A", which is being dedicated for additional road right-of-way for NE 2nd Avenue. Since utilities (electric, gas, water, sewer, phone and cable tv) is available within the adjacent road rights-of-way, no additional easements are required to service the lots. A non-vehicular access line is being provided along NE 2nd Avenue to ensure that all future driveway connections are made to NE 13th Street and not to NE 2nd Avenue, which is a city collector. 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 size 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. It is noted that the existing development pattern on this block consists of a mixture of single-family homes and nonconforming duplex structures. Concurrency Since the replat will result in the same number of homes that formerly existed on the property, a concurrency review is not necessary. No internal street system is proposed with this development, as direct access is available from NE 13th Street. It is noted that since the demolished home was constructed prior to February 23, 1982, no credit will be issued and a $500 park impact fee will be required for the new home on Lot 1 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 and plat. Since the south 48 feet of the property was sold as a separate parcel, the three original platted lots are no longer considered "lots of record". As shown on the following table, the existing parcel fronts on NE 2nd Avenue (the primary street) and meets the minimum lot width, depth, frontage and size requirements. Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Interior/Corner Minimum Required 7,500 60'/80' 100' 60'/80' Existing Parcel 15,168 102' (corner lot) 150' 102' (corner lot) Given the size of the existing parcel, the applicant is seeking to create two lots which front on NE 13th Street. With dedication of 5 feet of additional right-of-way for NE 2nd Avenue, the frontage along NE 13th Street will be reduced from 150 to 145 feet. The existing home on the east side of the property and its driveway will remain on Lot 2 of the new subdivision, which will be 60' wide. This is the minimum lot width and frontage required in the zoning district, and is sufficient to accommodate the required setbacks for the existing structure. Lot 1, the corner lot, will be 85' wide, which is larger than the 80' required, but the additional width will allow more flexibility in the design of the home. With the replat, as shown on the following table, Lot I will meet all the minimum lot dimension requirements in Section 4.3.4(x), "Development Standards Matrix" for the R-I-A zoning district. Lot 2 will be deficient in size, but will meet all of the other requirements. Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Interior/Corner Minimum Required 7,500 60'/80' 100' 60'/80' Proposed Lot 1 8,611 85' (corner lot) 102' 85' (corner lot) Proposed Lot 2 6,120 60' (interior lot) 102' 60' (interior lot) LDR Section 2.4.7 (B)(5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes." The applicant has requested a waiver to LDR Section 4.3.4(x) (Development Standards Matrix)to allow the reduction in lot size below the minimum requirements for the proposed Lot 2. The applicant has provided the following justification statement to support the waiver request: "Our client Mr. Michael S. Galloway,property owner, is proposing to re plat property located at the SE corner of NE 2nd Avenue and NE 13th Street (1215 NE 2nd Avenue). The existing parcel consists of the portion of three (3) lots of record whose total dimensions are 102 x 150 feet(0.37 acres) and is zoned R- 1-A Single Family Residential. The re plat will consist of •A 5 foot right-of-way dedication along NE 2nd Avenue, •A conforming corner Lot "I", and •A non-conforming interior Lot "2". The non-conforming Lot "2" does meet the City's Minimum Lot Width and Depth found in Section 4.3.44• however, this lot does not meet the minimum lot size of 7,500 square feet. The Client is seeking relief from the Minimum Lot Size for Lot "2"due to the following reasons. The lots along both sides of the 200 block of N.E. 13th Street were analyzed in terms of size. Of the existing interior lots along N.E. 13th Street, 53.8% (14 of 26 lots) do not meet the minimum lot width requirement of 60 feet for interior lots. Furthermore, 19.2% (5 of 26 lots) conform to the minimum lot width requirement of 60 feet. The proposed interior Lot "2" would be consistent with 73% (19 of 26) of the surrounding interior lots. According to the Housing Element of the City of Delray Beach Comprehensive Plan, the subject site is located in an area of the City that it considers "Needing Stabilization" (HO-25, Comp Plan). The Comprehensive Plan further defines areas "needing stabilization" as Appearance of minor code violations and maintenance problems; some improvement desired. Furthermore, objective A-4 of the Housing Element states that the City shall take measures to prevent further decline and to help move the neighborhood toward a classification of"stable residential". Mr. Galloway is proposing to construct a new single family dwelling on Lot "I" to help improve the aesthetics of this residential area and keep the existing home on Lot "2". Since the site is located along N.E. 2nd Avenue, the proposed new single family home will provide curb appeal for the surrounding area,further contributing to the stabilization effort outlined in the Comprehensive Plan. Lastly, the Housing Element within the Comprehensive Plan identifies a housing issue involving the "Mansionization Effect" taking place within the City of Delray Beach. It states existing homes are "being demolished in favor of newer structures that are typically much larger in size and scale than is typical of the surrounding neighborhood" (HO-26, Comp Plan). Our client aims to help prevent the Mansionization Effect by preserving the existing single family dwelling on Lot "2" and constructing a new single family dwelling on Lot "I" at a suitable scale for the surround neighborhood. The property owner believes that pursuing the option of creating two compatible sized lots and homes are much more preamble than keeping the existing property as one parcel, taking advantage of the large lot size, and thus potentially contributing to the mansionization effect." 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 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. 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 neighborhood consists of a mixture of lot widths ranging from 50' to over 100'; 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 13th Street in this area, the proposed lots are consistent with the existing development pattern on the street. As shown on the attached tax map, 19 (marked with a red circle) of the 29 existing lots on this block are 60 feet or less in width. It is noted that the existing development pattern on this block consist of a mixture of single-family homes and nonconforming duplex structures. As noted above, the three original 50' wide platted lots which make up the subject property were reduced in depth from 150 feet to 102 feet when an additional lot was created from the south 48' of the lots. If they had not been reduced in depth, each of these original lots would have been considered a"lot of record", and a residential structure could have been constructed on each lot pursuant to LDR Section 4.1.4(B), resulting in a total of three homes. With approval of the requested plat and waiver to allow a reduction in the size of Lot 2, there will also be a total of three homes on the three original platted lots. Therefore, in terms of development intensity, there is no difference between the current proposal and the intent of the original Dell Park plat. With dedication of 5 feet of additional road right-of-way for NE 2nd Avenue, the property frontage along NE 13th Street will be reduced from 150 to 145 feet. It is noted that there is no way to accommodate two lots on the property which conform to all of the development standards of Section 4.3.4(x). The developer has chosen to set the width of Lot 2 at 60 feet to allow more flexibility for the design of a new home on Lot 1, which as a corner lot, will require a 15 foot setback along NE 2nd Avenue. While it would have been possible to increase the width of Lot 2 from 60 to 65 feet and thereby reduce the proposed size nonconformity by 510 square feet, the proposed 60 foot wide lot accommodates the existing structure very well. Because the existing structure is only 33 feet wide, the setback on the west side of the structure will be over 19 feet, more than twice the required minimum of 7.5 feet. The reduction in size of Lot 2 below the minimum required in the zoning district will not adversely affect the neighboring area. The orientation of the existing home on a 60' wide lot is consistent with the development pattern in the neighborhood and the proposed reduction in lot size will not be discernable from the street. Since utilities are provided within the adjacent road rights-of-way, the proposed subdivision and waiver will not diminish their provision to the lots or to the neighborhood in general. The existing roadway pattern will not be changed with the replat. A non-vehicular access line is being provided on Lot 1 along NE 2nd Avenue so that vehicular access to the corner lot will be taken from NE 13th Street instead of NE 2nd Avenue which is a city collector. The orientation of the two lots fronting on NE 13th Street is consistent with the existing development pattern 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 "Dell Grove" plat, located one block south of the subject property at the SE corner of NW 2nd Avenue and NW 12th Street, was approved by the City Commission on August 6, 2013. The plat consisted of two reconfigured lots that were approved with nonconforming size, width and depth. As previously noted, the configuration of the new lots is compatible with existing lots in the surrounding neighborhood. Given the existing development pattern, the waiver 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 one of 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 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. To date, the Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION By Separate Motions: Waiver: Move approval of a waiver to LDR Section 4.3.4(x) (Development Standards Matrix) to reduce the required lot size as follows, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D): Lot 2: Reduce the minimum size from 7,500 square feet to 6,120 square feet. Plat: Move approval for the Salvatori-Galloway 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. E. 16TH C T. �i Q o Q 0 a � > J J Q m cr 16TH ST. N. E. 16TH ST. � U u� W W Q W � � Z U Q Q J W BONNIE BRIAR LA E N. E. 15TH ST. a z HEATHER LANE Li 0 z z h, Q N.E. 14TH ST. (LAKE AVE N. E. 14TH ST. HIGHLAND LN. 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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 X Meets intent of standard Does not meet intent 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 X Meets intent of standard 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 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SALVATORI-GALLOWAY PLAT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding the Salvatori-Galloway Plat has come before the City Commission on July 15, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request and plat approval for Salvatori-Galloway 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 lot 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 Parcel 15,168 102' (Corner Lot) 150' 102' (Corner Lot) Proposed Lot 1 8,611 85' (Corner Lot) 102" 85' (Corner Lot) Proposed Lot 2 6,120 60' (Interior Lot) 102' 60' (Interior Lot) • Lot 2: o Size requirement: Lot 2 is 6,120 square feet. It is deficient in size by 1,380 square feet (7,500 sq. ft. required) Should the waiver to Section 4.3.4(K) to reduce the size requirement for Lot 2 be granted? Yes No II. Plat Approval: The required findings for approval are hereto attached as "Exhibit A". Should the Salvatori-Galloway Plat be granted? Yes No 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 15th day of July, 2014, by a vote of in favor and opposed. 2 ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 3 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. It is noted that the existing development pattern on this block consist of a mixture of single-family homes and nonconforming duplex structures. 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 homes that formerly existed on the property, a concurrency review is not necessary. No internal street system is proposed with this development, as direct access is available from NE 13th Street. It is noted that since the demolished home was constructed prior to February 23, 1982, no credit will be issued and a $500 park impact fee will be required for the new home on Lot 1 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. 4 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 (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. Not applicable (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 (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 5 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. 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 one of 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 size requirement,pursuant to Section 4.3.1(D),is required. 6 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 1, 2014 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF JULY 15,2014 WAIVER REQUEST/402 NORTH OCEAN BOULEVARD BACKGROUND The development proposal entails construction of a 3-story 4,194 sq. ft. building addition for an existing 4,658 sq. ft. 2-story single family residence with an existing 2-story 2,106 sq. ft. detached guest house. The North Beach Overlay District application was received for processing on April 25, 2013. A determination of compliance with the Beach Property Owners Design Manual was confirmed on April 11, 2014. Pursuant to Land Development Regulations (LDR) Section 6.1.3(B)(1), construction of a minimum 5' sidewalk is required along the north side of Beach Drive. The applicant is seeking relief from that requirement via this waiver request. Waiver Justification: 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. Presently, there are no sidewalks along Beach Drive or in the vicinity of the subject property. Pursuant to LDR Section 6.1.3 (D)(1)(b), a waiver may be granted where it is clear that the sidewalk system will not serve its intended purpose, subject to approval by the City Commission. All waiver requests are granted on a case-by-case basis as deemed appropriate for the circumstances of each proposed development. Currently, there are existing structures where the sidewalk would normally be constructed. Similarly, due to the narrow right-of-way of Beach Drive, construction of a sidewalk in the adjacent right-of-way does not seem practical. Thus, granting this waiver will not serve to set a precedent for future waiver requests by other property owners or applicants. Whereas, under similar circumstances the request would be supported. In such case, granting the requested sidewalk waiver will not have an adverse effect on the neighboring area, create an unsafe situation, diminish the provision of public facilities or create a special privilege. Thus, positive findings with respect to LDR Section 2.4.7 (B)(5) can be made. DISCUSSION The item before Commission is to approve the waiver request, pursuant to LDR Section 6.1.3(13)(1)(b), to allow relief from construction of a five foot(5') sidewalk along the north side of Beach Drive for 402 North Ocean Boulevard within the North Beach Overlay District, based on positive findings with respect to LDR Section 2.4.7(B)(5) and consistency with the Comprehensive Plan. RECOMMENDATION Advisoa/Approving Board Recommendation: On November 7, 2013, the DSMG (Development Services Management Group) recommended approval to the City Commission to allow a sidewalk waiver for 402 North Ocean Boulevard to eliminate the requirement for construction of a minimum 5' sidewalk on the north side of Beach Drive for the Sukup Residence. Staff Recommendation: The Planning & Zoning Department recommends approval of the waiver request to allow relief from construction of a five foot (5') sidewalk along the north side of Beach Drive for 402 N. Ocean Blvd. within the North Beach Overlay District pursuant to LDR Section 6.1.3(D)(1) (b), based on positive findings with respect to LDR Section 2.4.7(B)(5) and consistency with the Comprehensive Plan. I _ .tz . �Y BEACH DRIVE fit' SUKUP RESIDENCE PLANNING AND ZONING DEPARTMENT AERIAL MAP i �J i June 20, 2014 City of Delray Beach Planning and Zoning Department 100 NE 1"Avenue Delray Beach. Florida 33444 Attn.: Candi Jefferson, Senior Planner Re: The Sukup Residence,402 North Ocean (A 1 A)—North Beach Overlay District Candi: Pursuant to i,DR Section 2.4.7"Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations", and as the Architect of Record for the above referenced project please know that we are hereby formally requesting to seek a"waiver" for the construction of a 5' wide concrete sidewalk along Beach Drive associated with our Project. Attached herewith is a $150 application fee as requested. If granted, the"waiver"would in no way"be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of the actions of the landowner,a literal enforcement of the regulations would result in unnecessary and undue hardship". Furthermore, we feel"that the reasons set forth in the"waiver"petition justify the granting of the"waiver", and that the"waiver" is the minimum"waiver"that will make possible the reasonable use of the land, building,or structure"and finally"that the granting of the"waiver"will be in (complete)harmony with the general purpose and intent of existing regulations,will not be injurious to the neighborhood,or otherwise detrimental to the public welfare". It is understood that its potential future development shall run in perpetuity with the property. In conclusion,the entire team looks forward to the process and ultimately the City approval of the "waiver". Please do not hesitate to contact my office should you have any questions and or concerns regarding the content of this letter. Thank you in advance. 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OCEAN BLVD 1. This waiver request came before the City Commission on July 15, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 402 N. Ocean Blvd. in the Beach Overlay District. 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 unique public/private partnership property for another applicant or owner. A. Waiver Request: Pursuant to LDR Section 6.1.3(B)(1)(g), construction of a minimum five foot (5') sidewalk is required along the north side of Beach Drive. Pursuant to LDR Section 6.1.3 (D)(1)(b), a waiver may be granted to this requirement where it is clear that the sidewalk system will not serve its intended purpose. The applicant is requesting a waiver to allow for a sidewalk not to be constructed along the north side of Beach Drive at 402 N. Ocean Blvd. Should the waiver to 6.1.3(B)(1)(g) be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds that 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 this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of July, 2014, by a vote of in favor and opposed. Cary Glickstein, Mayor ATTEST: Chevelle Nubin, City Clerk 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 1, 2014 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF JULY 15,2014 WAIVER REQUESTS/CODA BACKGROUND The development proposal entails construction of sixteen (16) townhomes on vacant land in association with an existing multi-family residential development containing thirty-six (36) townhomes with associated on-site parking and landscaping. Waiver Justification: 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 40' Sight Visibility Triangle: Pursuant to LDR Section 4.6.14(B)(6), the subject site is not a single family residential area (i.e. properties zoned R-1-A, R-1-AA, R-1-AAA, etc.) which is subject to the twenty-five foot (25') sight visibility triangle. Forty foot (40') sight visibility triangles are required and are not met. The forty foot (40') sight visibility triangle is obstructed by the 3-story townhome buildings at both intersections (i.e. SW 1 st Street and SW 1 st and 2nd Avenues). The applicant is requesting a waiver to this requirement to account for twenty foot(20') sight visibility triangles. The applicant has provided the following verbatim justification: "We are requesting a waiver of this provision and are proposing twenty foot (20) sight triangles at the intersections of SW I st Street and SW I st and 2nd Avenues. Given the fact the sight triangles are measured from the property lines, not the travel lanes, and there is parallel parking and sidewalks within the public right of way, granting the waiver will result in superior urban design without compromising public health, safety or welfare. If the sight triangles were measured along the closest edge of the travel lane, the sight triangles would be approximately fifty feet(50'). " The reduction of the forty foot (40') sight visibility triangles to twenty feet (20') at the intersection of the two (2) driveways and the property line for SW 1 st Street at SW 1 st and SW 2nd Avenues does not appear to be necessary, given that the buildings will not intersect the 40' visibility triangle until 30'. Other freestanding structures such as perimeter gates and fences have already been modified to meet the sight visibility requirement. Any monument signage is not subject to the sight visibility triangle requirement pursuant to LDR Section 4.6.7(E)(3). Thus, a reduced thirty foot (30') sight visibility triangle will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. However, a 20' foot visibility triangle, if granted, could result in plan modifications allowing the building to be within 20' of either intersection, thus presenting a danger to vehicular traffic, traffic flow and pedestrians. Granting the requested 20' sight visibility triangle waiver will have an adverse effect on the neighboring area and potentially create and unsafe situation. However, allowing a 30' visibility triangle (i.e. 10' reduction) would be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can not be made for the proposed 20' sight visibility triangle reduction. However, a positive finding can be made with a proposed 30' sight visibility triangle at the intersection of SW 1st Street at SW 1st and SW 2nd Avenues. Maximum 50% Frontage Front Porches: Pursuant to LDR Section 4.4.6.(F)(3)(c), front porches cannot occupy more than fifty percent (50%) of the building frontage and cannot be enclosed in any manner. The plans propose more than 50% of the building frontage along SW 2nd Avenue (66%) and SW 1st Avenue (66%) to be occupied by front porches. The applicant is requesting a waiver to this requirement. The applicant has provided the following verbatim justification: "A waiver is being requested to allow front porches to exceed 50% of the building frontage. No front porches are enclosed. The waiver will allow consistency with the balance of the community and is integral to the architectural style of the community. The large front porches engage the street, increase eyes on the street and provide an attractive streetscape." Since the existing thirty-six (36) residences contain a similar, if not identical design, the proposed sixteen (16) residences should be designed to be compatible with the balance of the development. To deprive the new residences of the front porches and balconies would of a diminished quality of life and may affect the marketability of the sixteen (16)new residences. The consistency in architectural design for the sixteen (16) new multi-story single family residences will not negatively affect the site or adjacent properties. However, it might have a negative economic impact. Granting the requested waiver will not diminish the provision of public facilities or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. DISCUSSION By Separate Motions: 1. Approve a waiver to LDR Section 4.4.6(F)(3)(c), which states that front porches cannot occupy more than fifty percent (50%) of the building frontage and cannot be enclosed in any manner, whereas the proposed plans for Coda have more than 50% of the building frontage along SW 2nd Avenue (66%) and SW 1 st Avenue (66%)to be occupied by front porches. 2. Approve a waiver to LDR Section 4.6.14(B)(6), which states that forty foot (40') sight visibility triangles are required at the intersection of two (2) rights-of-way, whereas the proposed plans for Coda request have two (2) of the proposed four (4) story townhome buildings obstructing the sight visibility triangles at thirty feet(30'), as opposed to twenty feet(20') at both intersections. RECOMMENDATION Advisory/Approving Board Recommendation: On May 14, 2014, in association with a Class IV Site Plan modification, the Site Plan Review and Appearance Board (SPRAB)recommended approval to the City Commission to allow 66% frontage for open front porches along SW Ist Avenue and SW 2nd Avenue, whereas a maximum of 50% is allowed pursuant to LDR Section 4.4.6(F)(3)(c), and to allow 30' sight visibility triangles at the intersections of SW 2nd Avenue and SW Ist Avenue along SW Ist Street, whereas 40' sight visibility triangles are required pursuant to LDR Section 4.6.14(B)(6). Staff Recommendation: The Planning & Zoning Department recommends approval of the waiver requests to allow 66% frontage for open front porches along SW Ist Avenue and SW 2nd Avenue, whereas a maximum of 50% is allowed pursuant to LDR Section 4.4.6(F)(3)(c), and to allow 30' sight visibility triangles at the intersections of SW 2nd Avenue and SW Ist Avenue along SW Ist Street, whereas 40' sight visibility triangles are required pursuant to LDR Section 4.6.14(B)(6). REVIEW SITE PLAN CITY OF DELRAY ___STAFF REPORT--- MEETING DATE: May 14, 2014 AGENDA ITEM: Coda - Class IV Site Plan, Landscape Plan, And Architectural Elevations associated with brand new construction of sixteen (16) townhomes on vacant land in association with an existing multi-family residential development containing thirty-six (36) townhomes. GENERAL DATA: y - _ Li Owner/Applicant............ New Urban Lighthouse, LLC ` - MAR-RN LUTHER KING JR. Agent.......................... Tim Hernandez Location........................ The property is located along the south side of ..... SW 1t Street between SW 2 nd Avenue and SW 1St Avenue. - Property Size................. 2.45 Acres (overall Coda development) Existing FLUM............... MD (Medium Density 5-12 du/ac) Existing Zoning.............. RM (Multiple Family Residential Medium Density) Adjacent Zoning.....North: CF (Community Facility) A T L A N T I c A v E East: OSSHAD (Old School Square Historic Arts District) South: RM (Medium Density Residential) I - j _ West: CF (Community Facility) S.W. ,ST ST. S.E. ,ST Adjacent FLUM......North: CF (Community Facility) -- East: OMU (Other Mixed Use) 477 Z South: MD (Medium Density Residential) N Z 2ND ST. 7ND West: CF (Community Facility) - in _ __.... Water Service............... Available via an existing 8" water main within the _. .. SW 1 st Street right-of-way - F_-_ Sewer Service............... Available via connection to existing sanitary sewer S.W. 3RD ST. S.E. lines within the developed portion of the site to the L. { south. N'; ITEM BEFORE THE BOARD The action before the Board is approval of a Class V site plan request for Coda pursuant to LDR (Land Development Regulation) Section 2.4.5(F). The request involves the following elements: O Site Plan; • Architectural Elevations; • Landscape Plan; and, • Waivers The property is located at the southwest corner of SW 1St Street and SW 1St Avenue. BACKGROUND The southern portion of the site consists of Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half of Block 54, together with Lots 5, 6 and 13, Block 54 of the resubdivision of the south one-half of Block 54 of the City of Delray Beach. It consists of 1.886 acres. The northern portion of Lots 1 through 10 of the Heisley Estates Subdivision is zoned RO (Residential Office) and is 0.564 acres (2.45 acres total). The site currently contains 36 three-story townhouse units with a cabana and pool on the southern portion of the site. The northern portion of the site is vacant/undeveloped land. At its meeting of September 21, 2004, the City Commission approved a Small-Scale Future Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86 acres of the Lighthouse property. These applications were submitted to accommodate the office component of the proposed mixed-use development. The proposed office use is permissible under RO zoning, but was not allowed under the previous RM zoning. On November 21, 2005, the P&Z Board made a recommendation to the City Commission to approve a conditional use request is to allow an increase in density above 12 units per acre in the Southwest Area Neighborhood Overlay District (19.1 units per acre proposed) in accordance with the provisions of the City's Family/Workforce Housing Ordinance. An associated rezoning application to rezone the southern 0.21 acre portion of the RO zoned property back to RM to accommodate the density ratio provisions of the City's Family/Workforce Housing Ordinance was also recommended for approval. On January 3, 2006, the City Commission approved both the rezoning and conditional use request. On February 22, 2006, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan to construct a 3-story mixed-use building that accommodated 19,448 square feet of gross office floor area on the 1St and 2nd floors and four 2-bedroom loft units together with 36 stand-alone townhouse units. Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 2 of 18 On January 10, 2007, the P&Z Dept. Director administratively approved a Class I Site Plan Modification request to reduce the total office space floor area from 19,448 sq. ft. to 17,780 sq. ft. On December 19, 2007, the P&Z Dept. Director administratively approved a Class I Site Plan Modification request to install security gates, perimeter fencing, brick pavers and associated minor landscaping modifications. On June 25, 2008, the P&Z Director administratively approved a Class I Site Plan Modification request to replace wrap-around balconies for 3-unit and 6-unit buildings. On December 22, 2011, the P&Z Director administratively approved a Class I Site Plan Modification associated with a change in floor plans for different model types in order to meet the market demand. On January 27, 2014, the Planning and Zoning Board recommended approval to the City Commission for rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue within the Coda Development. The City Commission approved this LDR Text Amendment on April 1, 2014. On January 27, 2014, the Planning and Zoning Board recommended approval to the City Commission for the applicant's privately-initiated small-scale Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 6-12 du/ac) and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District. The City Commission approved this LDR Text Amendment on March 4, 2014. On January 27, 2014, the Planning and Zoning Board recommended approval to the City Commission for the applicant's privately-initiated amendment to the Land Development Regulations by amending Article 4.7 "Family/Workforce Housing", Section 4.7.1 "Definitions", Subsection (p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and by Amending Section 4.5.9 "The Southwest Neighborhood Overlay District" to correct a scrivener's error. The City Commission approved this LDR Text Amendment on April 1, 2014. Also on January 27, 2014, the Planning and Zoning Board recommended approval to the City Commission for a conditional use request to allow an increase in density to 21.22 units per acre (12 units per acre maximum allowed) to add 16 units to an existing 36 unit development associated with the existing Coda condominium development for a total of 52 townhomes on 2.45 acres in the Multi-Family Residential (RM) Zoning District. The City Commission approved the conditional use request on April 16, 2014. Now before the Board for consideration is a Class IV Site Plan modification to construct sixteen (16) townhomes on vacant land in association with an existing multi-family residential development containing thirty-six (36) townhomes. Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 3 of 18 PROJECT DESCRIPTION The development proposal incorporates the following: ® Elimination of the prior-approved three-story mixed-use building with four (4) units; O Construction of four (4) three-story townhome buildings with four (4) units each, O Construction of a centrally located fountain feature; O Construction of an interior courtyard with pathway connectors; O Demolition of two (2) existing ten (10) space parking rows; 13 Reconfiguration of two (2) existing five (5) space parking rows; O Removal of two (2) dumpster enclosure areas; ® Construction of a decorative gateway entry feature off of SW 1St Street; 13 Installation of perimeter fencing, and, 0 Installation of associated landscaping. The development proposal includes waivers and internal adjustments to the following sections of the Land Development Regulations: O A waiver to LDR Section 4.4.6.(F)(3)(c), front porches cannot occupy more than fifty percent (50%) of the building frontage and cannot be enclosed in any manner. The plans propose more than 50% of the building frontage along SW 2nd Avenue (66%) and SW 1st Avenue (66%) to be occupied by front porches. O A waiver to LDR Section 4.6.14(B)(6), the forty foot (40') sight visibility triangles at the intersection of two (2) rights-of-way. The two (2) of the proposed four (4) story townhome buildings obstruct the sight visibility triangles at thirty feet (30') at both intersections. 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. Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 4 of 18 LDR Section 4.4.6(F)(3)(a) Southwest Neighborhood Overlay District Standards: The following table indicates that the proposal complies with LDR Section 4.4.6(F)(3)(a) as it pertains to the Multiple Family Residential (RM) Zoning District for properties located within the Southwest Neighborhood Overlay District: Standard Provided Maximum 'Lot Coverage 40% 39% Minimum Open Space 25% 25% Minimum Building Setbacks° Front 15' 15' Rear 10' 15' Side Interior (L/U)* 10 / 15 11.75 / 15 Side Street 15' 15' Maximum Building Height 35' 35' *L/U = On the Lower(L)levels(15'&2nd floors)a minimum setback of 10'is required. However,on the Upper(U) levels (3`d and higher)an additional five foot(6)set back is required for a minimum of fifteen feet(15'). Off-Street Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), the parking requirements for residential units in multi-family structures are to be provided as follows: Type of Unit Total No. of Spaces Parking Spaces Parking Spaces Units per Unit Required Provided Efficiency (1 room) 0 1.0 0 0 1 bedroom 0 1.5 0 0 2 or more bedrooms 52 2.0 104 104 Residents Subtotal 104 104 Guest parkin For the first 20 units 20 0.5 10 10 For units 21-50 30 0.3 9 7 For units 51 and above 2 0.2 1 15* Guests Subtotal 20 32 Grand Total 124 136 *The Coda development takes % credit for thirty-one (31) parallel parking spaces constructed in the public right-of-way. This allows for a maximum on-site parking credit of fifteen (15) spaces. Each townhouse unit has a two-car garage which accommodates the required parking for each of the 52 residential units, for a total of 104 spaces. In addition, there are seventeen (17) surface parking spaces throughout the Coda development allocated for use by guests. Finally, there are 31 parallel parking spaces constructed in the adjacent right-of-way which allows for Y2 of the parking credit toward the Coda development. This results in an additional 15 spaces, for a grand total of 136 parking spaces provided providing both on-site and on-street parking. As indicated above and demonstrated in the table, one hundred twenty-four (124) parking spaces are required for the proposed 52 unit development and one hundred Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 5 of 18 thirty-six (136 spaces) have been provided on-site. Thus, this LDR requirement has been met. 10' Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), ten foot (10') sight visibility triangles are required when a driveway intersects a public right-of-way. The 10' sight visibility triangles have been drawn and demonstrate compliance with no obstruction between 3' and 6'. Thus, this requirement has been met. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) - Minimum residential floor area. There are 36 existing two-bedroom dwelling units constructed at approximately 1,615 sq. ft. There are 16 proposed three-bedroom dwelling units to be constructed between 1,730 - 1,868 sq. ft. However, since this information is not explicitly provided in a site data chart on the site plan or floor plan, it needs to be demonstrated. Thus, as a condition of approval, the applicant will provide the values for the following chart as it relates to the proposed 2 and 3 bedroom units on the site plan or floor plan associated with the Class IV Site Plan. With the provision of the finite data, this LDR requirement has been met. Standard Provided Total Compliance with (Sq. Ft.) (Sq. Ft) Units LDR � Requirements. Dwelling Size Yes No Efficiency 400 0 N/A N/A 1 Bedroom Units 600 0 N/A N/A 2 Bedroom Units 900 1,615 36 • 3 Bedroom Units 1,250 1,730 — 1,868 16 • 4 Bedroom Units 1,500 N/A 0 N/A N/A Right-of-Way Dedication: SW 1St Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1St Avenue is 60' and only 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be sufficient for this section of SW 1St Avenue. Based upon the above, a dedication of five feet (5) of right-of-way is required and has been depicted on the proposed development plans. It is attached as a condition of approval that the five feet (5) of right-of-way deed for SW 1St Avenue be processed and approved by the City Commission prior to building permit issuance. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need be addressed prior to site plan certification. Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 6 of 18 1. That the five feet (5) of right-of-way deed for SW 1St Avenue be processed and approved by the City Commission prior to building permit issuance. 2. That the applicant will provide the values for the unit size chart as it relates to the proposed 2 and 3 bedroom units on the site plan or floor plan associated with the conceptual site plan. 3. Provide verification from the Palm Beach County Traffic Division that the project will meet traffic concurrency. 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; or, (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. 40' Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(6), the subject site is not a single family residential area (i.e. properties zoned R-1-A, R-1-AA, R-1-AAA, etc.) which is subject to the twenty- five foot (25') sight visibility triangle. Forty foot (40') sight visibility triangles are required and are not met. The forty foot (40') sight visibility triangle is obstructed by the 3-story townhome buildings at both intersections (i.e. SW 1St Street and SW 1St and 2nd Avenues). The applicant is requesting a waiver to this requirement to account for twenty foot (20') sight visibility triangles. The applicant has provided the following verbatim justification: "We are requesting a waiver of this provision and are proposing twenty foot (20) sight triangles at the intersections of SW 1st Street and SW 1st and 2nd Avenues. Given the fact the sight triangles are measured from the property lines, not the travel lanes, and there is parallel parking and sidewalks within the public right of way, granting the waiver will result in superior urban design without compromising public health, safety or welfare. if the sight triangles were measured along the closest edge of the travel lane, the sight triangles would be approximately fifty feet (50')." The reduction of the forty foot (40') sight visibility triangles to twenty feet (20') at the intersection of the two (2) driveways and the property line for SW 16t Street at SW 1St Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 7 of 18 and SW 2nd Avenues does not appear to be necessary, given that the buildings will not intersect the 40' visibility triangle until 30'. Other freestanding structures such as perimeter gates and fences have already been modified to meet the sight visibility requirement. Any monument signage is not subject to the sight visibility triangle requirement pursuant to LDR Section 4.6.7(E)(3). Thus, a reduced thirty foot (30') sight visibility triangle will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. However, a 20' foot visibility triangle, if granted, could result in plan modifications allowing the building to be within 20' of either intersection, thus presenting a danger to vehicular traffic, traffic flow and pedestrians. Granting the requested 20' sight visibility triangle waiver will have an adverse effect on the neighboring area and potentially create and unsafe situation. However, allowing a 30' visibility triangle (i.e. 10' reduction) would be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can not be made for the proposed 20' sight visibility triangle reduction. However, a positive finding can be made with a proposed 30' sight visibility triangle at the intersection of SW 1St Street at SW 1St and SW 2nd Avenues. Front Porches: Pursuant to LDR Section 4.4.6.(F)(3)(c), front porches cannot occupy more than fifty percent (50%) of the building frontage and cannot be enclosed in any manner. The plans propose more than 50% of the building frontage along SW 2nd Avenue (66%) and SW 1St Avenue (66%) to be occupied by front porches. The applicant is requesting a waiver to this requirement. The applicant has provided the following verbatim justification: "A waiver is being requested to allow front porches to exceed 50% of the building frontage. No front porches are enclosed. The waiver will allow consistency with the balance of the community and is integral to the architectural style of the community. The large front porches engage the street, increase eyes on the street and provide an attractive streetscape." Since the existing thirty-six (36) residences contain a similar, if not identical design, the proposed sixteen (16) residences should be designed to be compatible with the balance of the development. To deprive the new residences of the front porches and balconies would of a diminished quality of life and may affect the marketability of the sixteen (16) new residences. The consistency in architectural design for the sixteen (16) new multi- story single family residences will not negatively affect the site or adjacent properties. However, it might have a negative economic impact. Granting the requested waiver will not diminish the provision of public facilities or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 8 of 18 WORKFORCE HOUSING ANALYSIS FAMILYMORKFORCE HOUSING: General Provisions: Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. The proposed locations of the workforce housing units are identified on each of the building footprints for the proposed and existing buildings. A variety of floor plans and unit sizes are proposed. Minimum Family/Workforce Housing: Plans must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. Thus, no less than 20% or two (2) of the excess 9.22 units shall be work force housing. This requirement is met with the proposed four (4) workforce housing units and existing six (6) workforce housing units. Thus, this standard is met. LANDSCAPE ANALYSIS A landscape plan has been submitted and evaluated by the City's Senior Landscape Planner. The landscape plan generally complies with the City's landscape requirements. However, there are several technical items that need to be addressed: Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification. 1. It was noted during a site visit on 11-6-2013 that the dashed line depicting the limits of work is not shown in the right location. The parking row, landscape islands and associated landscaping on the south side of the drive aisle off of SW 1St and 2nd avenue has already been completed. The plans, however, have this area included in the limits of work as part of this submittal. Additionally, the landscape islands along SW 1St Street, SW 1St Avenue and SW 2nd Avenue have also been completed. Please revise the dashed line depicting the limits of work and grey-out the existing Live Oak trees located within the on-street landscape islands. 2. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation. Canopy trees shall be sixteen to eighteen Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 9 of 18 feet (16-18') in height with a seven foot (T) spread. Palms shall be twenty-five feet (25') in height. ARCHITE'CTIJRAL ELEVATIONS' 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. Pursuant to LDR Section 4.6.18(B)(1), buildings or structures which are a part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of an established section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. The proposed architectural elevations for the sixteen (16) new townhomes will precisely match the architectural design, style and materials utilized within the existing thirty-six (36) townhomes. The windows are varied with respect to size, style, and architectural treatment. The plans provide alternating styles of wall mounted light fixtures and garage doors. Alternating styles of entry doors are also provided. The rear elevations include additional architectural treatments. The relationship of the modernist architectural style for the mixed-use building provides a unity of character or design to the townhomes. Based upon the above, positive findings can be made with respect to LDR Section 4.6.18. REQUIRED FINDINGS 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. Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 10 of 18 Section 3.1.1 (A) - Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a current Future Land Use Map (FLUM) designation of MD (Medium Density Residential) and a current zoning designation of Multi-Family Residential (RM), which are consistent with one another. Thus, positive findings can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy (CO). These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on- site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan concludes that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per each new dwelling unit will be collected prior to issuance of a building permit for the proposed additional sixteen (16) units. A total fee of eight thousand dollars ($8,000.00) will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: For the Coda site, the proposed 16 new dwelling units will generate an additional 8.32 tons of solid waste per year. The existing 36 units generate 18.72 tons of solid waste per year. Collectively, the proposed 52-unit development site will generate 27.04 tons of waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic statement has been provided which indicates that the proposed mixed-use development will generate 868 net new vehicle trips per day. Specifically, it will generate 58 AM net new peak hour trips and 80 PM net new peak hour trips. A finding of concurrency has not been issued from the Palm Beach County Traffic Division. A positive finding can be made with respect to traffic concurrency once a concurrency determination letter from Palm Beach County is received. This is attached as a condition of approval. Water and Sewer: Water service is available via connections to an existing 8" water main located within the SW 1st Street right-of-way. Sewer service is available via connections to existing sanitary sewer lines within the developed portion of the site to the south. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 11 of 18 Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Schools: The Palm Beach County School District has approved the development proposal for compliance with the adopted Level of Service for School Concurrency. Written verification from the Palm Beach County School District was received on October 23, 2013. CONSISTENCY: Compliance with the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the site plan application were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The subject sites are vacant/undeveloped land have been cleared of all buildings, trees and shrubs. Thus, there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use developments. The site is bordered by public rights-of-way (SW 1St Avenue) on the east, north (SW 1St Street) and west (SW 2nd Avenue). Across the street, to the east, is the Sundy House Restaurant and Hotel. To the west of the site, across SW 2nd Avenue, is the South County Courthouse. To the north of the Coda site, across SW 1St Street is the multi-level parking garage serving the South County Courthouse and the Delray Beach Public Library. To the south of the subject parcel, is the balance of the Coda development containing 36 townhome units. No adverse impacts to the adjacent land uses are anticipated. The surrounding properties to the north and west are community facilities and zoned CF (Community Facility). To the south are compatible multiple family residential townhomes zoned Multi-Family Residential (RM) and consistent with the proposed rezoning request. The properties to the east are located within the OSSHAD (Old School Square Historic Arts District). All adjacent zonings are consistent with the proposed development of the subject parcel and its rezoning and FLUM redesignations. Thus, this request for Conditional Use approval to allow for increased density is compatible with the surrounding uses and zoning designations. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 12 of 18 is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed Coda will help to fulfill this stated land use need by providing 16 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Future Land Use Element Obiective C-3: The Multi-Family Residential (RM) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C-3.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I- 95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The following excerpts are from the Downtown Delray Beach Master Plan: "In order to maintain the overall "Village Atmosphere"of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district, especially in the four blocks north and south of the Avenue. It is this Plan's additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown." The development proposal will locate a total of 16 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants, in and contributors to, the downtown area community. The Coda development proposal is consistent with Future Land Use Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 13 of 18 Element Objective C-3 and Policy C-3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. LDR SECTION 2.4.5(F)(5) - COMPATIBILITY: Pursuant to LDR Section 2.4.5(F)(5), the changes to the subject property must demonstrate no adverse effects with respect to the following: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Land Use: North Community Facilities (CF) Multi-Level Parking Garage serving Palm Beach County Courthouse and Delray Beach Public Library South Medium Density Residential (RM) Existing 36-Unit Coda Townhome Development West Community Facilities (CF) South County Courthouse East Old School Square Historic Arts District Sundy House Restaurant and Hotel (OSSHAD) Across SW 1St Avenue, to the east, is the Sundy House Restaurant and Hotel. To the west of the site, across SW 2nd Avenue, is the South County Courthouse. To the north of the Coda site, across SW 1St Street is the multi-level parking garage serving the South County Courthouse and the Delray Beach Public Library. To the south of the subject parcel, is the balance of the Coda development containing 36 townhome units. No adverse impact to the adjacent land uses is anticipated. Thus, the proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(F)(5). REVIEW BY OTHERS Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Conditional Use request to allow a density exceeding 12 dwelling units per acre (21.22 du/ac proposed) at its meeting of January 9, 2014. I Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 14 of 18 Downtown Development Authority: The Downtown Development Authority (DDA) recommended approval of the Conditional Use request to allow a density exceeding 12 dwelling units per acre (21.22 du/ac proposed) at its meeting of January 13, 2014. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Ebony ❑ Delray Citizen's Coalition Public Notice: Public notices are not required for Class IV Site Plan Modification applications. However, in association with the conditional use request, formal public notice was sent to property owners within a 500' radius of the subject property. No letters of support or objection have been received to date. If any public comments are received subsequent to the release of this staff report, then they will be presented at the Site Plan Review and Appearance Board meeting. ASSESSMENT AND CONCLUSION The proposed Class IV Site Plan Modification request is to allow new construction of sixteen (16) townhomes on vacant land in association with an existing multi-family residential development containing thirty-six (36) townhomes. As described in this staff report, the request for an increase in density above 12 units per acre is supportable as the project meets the Performance Standards found in LDR Section 4.4.6(1). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. Staff has identified two (2) waivers associated with the proposed Coda mixed-use development. These two (2) waivers were determined to be supportable upon internal staff review of the site plans. Staff notes that the work force housing component has been met with the provision of ten (10) on-site workforce housing units, whereas only two (2) are required. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(F)(5), regarding compatibility of the proposed development with the surrounding properties. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the request for waivers, Class IV site plan, landscape plan, and architectural elevations for Coda, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 15 of 18 the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, Class IV site plan, landscape plan, and architectural elevations for Coda, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Waivers: 1. Recommend approval to the City Commission for a waiver to LDR Section 4.4.6(F)(3)(c), which indicates that front porches cannot occupy more than fifty percent (50%) of the building frontage and cannot be enclosed in any manner, whereas the proposed plans for Coda have more than 50% of the building frontage along SW 2nd Avenue (66%) and SW 1St Avenue (66%) to be occupied by front porches. 2. Recommend approval to the City Commission for a waiver to LDR Section 4.6.14(B)(6), which indicates that forty foot (40') sight visibility triangles are required at the intersection of two (2) rights-of-way, whereas the proposed plans for Coda request have two (2) of the proposed four (4) story townhome buildings obstructing the sight visibility triangles at thirty feet (30'), as opposed to twenty feet (20') at both intersections. Site Plan: Approve the request for a Class V site plan for Coda, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the five feet (5') of right-of-way deed for SW 1St Avenue be processed and approved by the City Commission prior to building permit issuance. 2. That the applicant will provide the values for the unit size chart as it relates to the proposed 2 and 3 bedroom units on the site plan or floor plan associated with the conceptual site plan. 3. Provide verification from the Palm Beach County Traffic Division that the project will meet traffic concurrency. Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class N Site Plan, Landscape Plan and Architectural Elevations Page 16 of 18 Landscape Plan: Approve the landscape plan for Coda based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. It was noted during a site visit on 11-6-2013 that the dashed line depicting the limits of work is not shown in the right location. The parking row, landscape islands and associated landscaping on the south side of the drive aisle off of SW 1St and 2nd avenue has already been completed. The plans, however, have this area included in the limits of work as part of this submittal. Additionally, the landscape islands along SW 1St Street, SW 1St Avenue and SW 2nd Avenue have also been completed. Please revise the dashed line depicting the limits of work and grey-out the existing Live Oak trees located within the on-street landscape islands. 2. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation. Canopy trees shall be sixteen to eighteen feet (16-18') in height with a seven foot (T) spread. Palms shall be twenty-five feet (25') in height. Architectural Elevations: Approve the architectural elevations for Coda based on positive findings with respect to Section 4.6.18(E) of the Land Development Regulations, subject to the following conditions: 1. Approve a waiver to LDR Section 4.4.6(F)(3)(c), which indicates that front porches cannot occupy more than fifty percent (50%) of the building frontage and cannot be enclosed in any manner, whereas the proposed plans for Coda have more than 50% of the building frontage along SW 2nd Avenue (66%) and SW 1St Avenue (66%) to be occupied by front porches. Otherwise, revise architectural drawings to make them compliant with the LDR requirements for front porches. Attachments: Appendix A, Site Plan, Architectural Elevations, Landscape Plan, Location Map Report prepared by: Candi N. Jefferson, Senior Planner Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 17 of 18 APPENDIX A 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 Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 18 of 18 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 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—subject to concurrency determination from Palm Beach County 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 Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 17 of 18 APPENDIX A 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 Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent Site Plan Review and Appearance Board Report of May 14, 2014 Coda—Class IV Site Plan, Landscape Plan and Architectural Elevations Page 18 of 18 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 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-subject to concurrency determination from Palm Beach County Does not meet intent J. 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'»T» 5�� �v»�: ✓Yr%r�3S'r�»Y�^'r - 5 a NI°dynd OIIC7V S ��y � w w � w :NOli 33S j �y r, ^ /s, « co ga % ama mama�nV3VM d }\ � \ \ . : 2 � ) g \ j §| \ \ / \ § , ® \ © ^ \ / ! | d � ( Ul _ � . � [ 2 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 FOR CODA 1. These waiver requests came before the City Commission on July 15, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Coda. 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 4.6.14(B)(6): Pursuant to LDR Section 4.6.14(B)(6), forty foot (40') sight visibility triangles are required at the intersection of two (2) rights-of-way. The applicant is asking for a waiver to allow two (2) of the proposed four (4) story townhome buildings to obstruct the sight visibility triangles at thirty feet (30'), as opposed to twenty feet (20') at both intersections. Should the waiver to Section 4.6.14(B)(6)for thirty foot (30') sight visibility triangles be granted? Yes No 1 B. Waiver to LDR Section 4.4.6(F)(3)(c): Pursuant to LDR Section 4.4.6(F)(3)(c), front porches cannot occupy more than fifty percent (50%) of the building frontage and cannot be enclosed in any manner. The applicant is asking for a waiver to allow sixty-six percent (66%) of the building frontage along SW 2nd Avenue and sixty-six percent (66%) of the building frontage along SW 1 st Avenue to be occupied by front porches. Should the waiver to Section 4.4.6(F)(3)(c) be granted to allow for more than 50% of the building frontage along SW 2nd Avenue and along SW 1St Avenue be occupied by front porches. Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th of July, 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor 2 Chevelle Nubin, City Clerk 3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 1, 2014 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF JULY 15,2014 WAIVER REQUESTS/SOFA DISTRICT LOFTS BACKGROUND The development proposal entails construction of a five-story mixed-use development including 76 residential units with commercial tenant bays and parking on the ground level. Waiver Justification: 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. Ground Level Minimum Transparency Requirement: Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 57.87% along SE 1st Ave. The applicant has provided the following justification statement regarding the waiver request: "Requesting waiver to the required 75% of ground floor transparency or glass along SE 1st Ave. Currently we are providing 57.87%. There is a large portion of floor the ceiling glass located at the retail and fitness center. " Since the primary purpose of the glass transparency area is to market retail uses and appear inviting to pedestrians and passing vehicles, the glass transparency area is most effective along the fitness center frontage and retail bay frontage where it has been provided. Since the balance of the frontage is merely the ground level parking garage, there is less of a need for the glass transparency area. Thus, the waiver can be supported. Granting the waiver to LDR Section 4.6.18(B)(14)(iv)(2) does not affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5) in the reduction of the required 75% transparency area along SE 1 st Avenue. Minimum Perimeter Landscape Buffer Requirements: Pursuant to LDR Section 4.6.16(H)(3)(d), a five foot (5) landscaped buffer is required between the off- street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty-four foot (24') wide two- way driveway access ramp to the upper level parking garage along the west property line. Thus, a zero foot(0') landscape buffer is proposed. The applicant has provided the following justification with regard to this waiver request: "We are requesting a waiver to reduce the landscape buffer along the southwest corner of the property. The waiver is only being requested where the ramp end to the west property line. The ramp is allowed to go up to a OW'setback since it is apart of the building footprint." The east-west width of the lot measures approximately 128', while the north-south depth of the site is 382.5', or almost twice the width of the site. The need to locate the parking lot towards the rear of the site and the ingress/egress driveway on the east alley r.o.w., makes it difficult to meet the required building frontages while achieving a well-proportioned, visually attractive, and economically feasible solution along SE 3rd Avenue. The parking lot location and unusually long configuration of the site resulted in a well-conceived and geometrically well-proportioned building. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Minimum Ground Floor Ceiling Height: Pursuant to LDR Section 4.4.13(F)(1)(C), the minimum ground floor ceiling height is ten feet (10'). Nine feet(9')has been proposed on all levels of the Sofa District Lofts building. The applicant has provided the following justification with regard to the waiver request: "The majority of the ground floor of the building is parking garage and 9'clear is ample clearance for vehicles." The provision of a reduced nine foot (9') ground level floor to ceiling height provides for a visually appealing five-story building. Since the ground level is parking and retail, there is no need for a higher ceiling. Thus, the reduced ground floor building height should not result in the creation of an unsafe situation. Further, the waiver request will not adversely affect the neighboring area or diminish the provision of public facilities. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Therefore, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). DISCUSSION Approve the three (3) waiver requests for Sofa District Lofts to allow 9' from finished floor to finished ceiling on the ground level, whereas 10' is required pursuant to LDR Section 4.4.13(F)(1)(c), and to allow 57.87% glass transparency area on the ground level facing SE 1 st Avenue, whereas a minimum of 75% glass transparency area is required pursuant to LDR Section 4.6.18(B)(14)(iv)(2), and to allow a 0' perimeter landscape strip along the south property line, whereas a minimum 5' perimeter landscape strip is required pursuant to LDR Section 4.6.16(H)(3)(d). RECOMMENDATION Advisory/Approving Board Recommendation: On May 28, 2014, in association with a Class V Site Plan modification, the Site Plan Review and Appearance Board (SPRAB)recommended approval to the City Commission to allow 9' from finished floor to finished ceiling on the ground level, whereas 10' is required pursuant to LDR Section 4.4.13(F)(1)(c), and to allow 57.87% glass transparency area on the ground level facing SE 1st Avenue, whereas a minimum of 75% glass transparency area is required pursuant to LDR Section 4.6.18(B)(14)(iv)(2), and to allow a 0' perimeter landscape strip along the south property line, whereas a minimum 5' perimeter landscape strip is required pursuant to LDR Section 4.6.16(H)(3)(d). Staff Recommendation: The Planning & Zoning Department recommends approval of the three (3) waiver requests for Sofa District Lofts to allow 9' from finished floor to finished ceiling on the ground level, whereas 10' is required pursuant to LDR Section 4.4.13(F)(1)(c), and to allow 57.87% glass transparency area on the ground level facing SE 1st Avenue, whereas a minimum of 75% glass transparency area is required pursuant to LDR Section 4.6.18(B)(14)(iv)(2), and to allow a 0' perimeter landscape strip along the south property line, whereas a minimum 5' perimeter landscape strip is required pursuant to LDR Section 4.6.16(H)(3)(d), based on the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DEL RAY BEACH ®®_STAFF REPORT--- MEETING DATE: May 28, 2014 ITEM: Sofa District lofts – Class V Site Plan, Landscape Plan and Architectural Elevations Associated with the construction of a five-story mixed-use development which includes 76 residential units with commercial tenant bays and parking on the ground level. G E N E ML DATA: ......... Richard Jones Architecture, Inc. Agent.........:......... u - _ Applicant/Owner.'.............. SW Delray One LLC East side of SE 1St Avenue, south of SW Location - --.. .---.... ._.. _. 3 m/ 15t Street Property Size....:................. 1.124 Acres Future Land Use Map._.... Commercial Core (CC) IE- - Current Zoning Central Business District CBD - ' `'------- 3 Adjacent Zoning...... North: Central Business District (CBD) i 3 E A T L A N T I C A V E N U E South: Central Business District (CBD) W E t East: Central Business District (CBD) ',` West: Old School Square Historic Arts — District (OSSHAD) S.E. Existing Land Use.............. Vacant -- �5* Proposed land Use_......... Mixed-Use Residential/Commercial Water Service........ Via Service Lateral Connection to an � - Existing 8" Water Main Located '� _ within the SE 1St Avenue Right-of- – ' Way _ Sewer Service.................... Via Service Lateral Connection to an Existing 8" Sanitary Sewer Main _ v Located within the Adjacent Alley to the East Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 1 1130 o The item before the Board is the approval of the following aspects of a Class V site plan request for Sofa District Lofts, pursuant to Land Development Regulations (LDR) Section 2.4.5(F)(1)(a); ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and, ❑ Waiver Requests r BACKS R(�llElf�D The subject property consists of Lots 2-6, Block 78, Town of Linton Plat and is approximately 1.12 acres. The property is located on the east side of SE 1$t Avenue, approximately 76.5' south of SE 1St Street. The parcel has a Future Land Use Map (FLUM) designation of Central Core (CC) and is zoned Central Business District (CBD). The site is currently vacant. At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing in conjunction with two (2) conditional use requests associated with a 46-unit residential development known at the time as First Avenue Townhomes. The conditional uses associated with the development proposal, later known as Miraflores, were to allow the rear building within the development to exceed the maximum building height of 48' (58'-4") and to allow a density in excess of 30 dwelling units per acre (38.8 du/ac). The Board moved recommendations of approval for both conditional use requests, subject to conditions, At its meeting of February 11, 2005, the Site Plan Review and Appearance Board (SPRAB) approved the Class V Site Plan, Architectural Elevations and Landscape Plan associated with the Miraflores project. At its meeting of February 15, 2005, the City Commission approved the conditional use requests for building height (58'-4") and density (38.8 du/ac) for the Miraflores, subject to the conditions. At its meeting of June 6, 2006, the City Commission approved the Final Plat associated with the Miraflores development proposal. Consequently, Miraflores was never constructed and the approved conditional use and the associated site plan have since expired, At its meeting of February 22, 2012, the Site Plan Review and Appearance Board (SPRAB) approved the Class V Site Plan, Architectural Elevations and Landscape Plan associated with the Saxena White Corporate Offices consisting of a proposed three-story commercial building with a rooftop pavilion, green roof garden area and a main lobby that opened to all three (3) floors. At its meeting of March 6, 2012, the City Commission approved Resolution No. 12-12 to abandon a ten foot (10') drainage easement previously associated with the "Miraflores at Delray" plat recorded in Plat Book 108, Pages 184-185 of the public records of Palm Beach County. At its meeting of March 20, 2012, the City Commission approved a landscape maintenance agreement with SW Delray One, LLC to allow the future location of landscape materials within the public right-of-way along SE 1St Avenue. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 2 At its meeting of January 27, 2014, the Planning and Zoning Board recommended approval of a conditional use to allow 67.6 units per acre for the Sofa District Lofts site, whereas a maximum of 30.0 units per acre is permitted by right, On February 24, 2014, the City Commission approved the conditional use request for increased density. Now before the Board for consideration is a Class V Site Plan for Sofa District Lofts consisting of a proposed five-story mixed-use development which includes 76 residential units with commercial tenant bays and parking on the ground level. ' ' RFOJECT DESC$R�R'TION� The development proposal consists of the following: ❑ Construction of a seventy-six (76) unit, five (5) story mixed-use residential/commercial building ❑ Provision of 2,250 sq. ft. of retail space on the ground floor fronting on SE 1st Avenue ❑ Provision of a 1,422 sq. ft. fitness center for residents on the ground level ❑ Provision of a swimming pool, fire pit, cabanas and courtyards on the third level ❑ Provision of a club room on the fifth level ❑ Spiral staircases at corners of building leading to a rooftop terrace level ❑ Construction of ninety-two (92) parking spaces on a ground level and sixty-six (66) parking spaces on a partial second floor garage for a total of one hundred fifty-eight (158) spaces ❑ Installation of an eight foot (8') wide concrete sidewalk along SE Vt Avenue ❑ Installation of associated on-site landscaping and landscape nodes in the adjacent rights-of-way. The Class V Site Plan application also includes three (3) waiver requests as follows- 71 A waiver to LDR Section 4.6.18(B)(14)(iv)(2), whereas the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 57.87% along SE Vt Ave. 11 A waiver to LDR Section 4.6.1 6(H)(3)(d), a five foot (5) landscaped buffer shall be provided between the off-street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty-four foot (24') wide two-way driveway access ramp to the upper level parking garage along the west property line. Thus, a zero foot (0') landscape buffer is proposed. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts- Class V Site Plan, Landscape Plan and Architectural Elevations Page 3 13 A waiver to LDR Section 4,4.13(F)(1)(C) to reduce the ground floor ceiling height from ten feet (10') to nine feet (9'). Nine feet (9) has been proposed on all levels of the Sofa District Lofts building. 51TE PLAN ANAL1CSlS 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. LDR Section 4.3.4(K) - Development Standards Matrix: Please note the Land Development Regulations (LDR) Section 4.3.4 - Development Standards Matrix for Non-Residential Zoning Districts which apply to Central Business District (CBD) zoning districts: LOWER LEVEL (Min./Max.) Standard: Required: Proposed: (Ground floor to 25') Building Setbacks: Front west 5' min. 5' -frontage (382.5') 70% min. 190% max. 10' max. 325' (85%) - remain in len th 10% min. 130% max. 15' min. 57.5' (15%) Rear (east) 10' 10'11, Side Interior north OF 5'%2" Side Interior south (Y T UPPER LEVEL (Min./Max.) Standard: Required: Proposed: (25' to 48' height) (Applied to 3r Floor) Building Setbacks: Front (west) -frontage 382.5' 70% min. 15' min. 268.75' (70% - remainin len th 10% min. /30% max. 5' min. 114' 30%) UPPER LEVEL (Min./Max.) Standard: Required: Proposed: (25' to 48' height) (4 and 5 Floors Building Setbacks: Front west) - frontage (3825) 70% min. 15' min. 268.5' (70%) - remaining length 10% min. 130% max. 5' min. 114.0' 30%) CBD Zoning Min./Max.) Standard: Required: Proposed: Building Height: 25' min. /48' max. Open Space (10%): 4,896 sq.ft./48,958 sq.ft. 4,898 sq.ft. 10% Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 Required: Proposed. Ujoner Level Floor Area: 70% max, of ground floor 69.09% (25'- 48'high) 28,578 sq. ft. 140,826 sq. ft. 24,942 sq. ft. 1 40,826 sq. ft. - Yd & 4th Floors 70% max. of ground floor 65.71 - 5' Floor 28,578 sq. ft. 140,826 sq. ft. 26,827 sq. ft. 140,826 sq. ft. Lower Level Floor Area: N/A 100% of ground floor (Ground floor to 25'high) 40,826 proposed sq. ft. I"Floor Only All items are deemed to be in compliance. However, the applicant has requested waivers to the 75% minimum transparency requirement, 5' minimum landscape buffer requirement and minimum 9' ground floor ceiling height requirement, which are analyzed in the following "Waiver Analysis" section of the report. ` 1J1fAl1I��ANALYS - 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. Ground Level Minimum Transparency Requirement: Pursuant to LDR Section 4.6.18(13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 57.87% along SE 1"Ave. The applicant has requested a waiver which is discussed in the following section below: Waiver#1 (Minimum Ground Level Glass Transparency) A waiver to LDR Section 4.6.18(B)(14)(Iv)(2) has been requested, whereas the minimum transparency or glass surface area on the ground floor wall area of all nonresidential buildings shall be a minimum of 75% of the wall area for that elevation, the proposed transparent or glass surface area provided on the ground level is 57.87% along SE 1st Avenue. The applicant has provided the following justification statement regarding the waiver request: "Requesting waiver to the required 75% of ground floor transparency or glass along SE 1st Ave. Currently we are providing 57.87%. There is a large portion of floor the ceiling glass located at the retail and fitness center." Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 Since the primary purpose of the glass transparency area is to market retail uses and appear inviting to pedestrians and passing vehicles, the glass transparency area is most effective along the fitness center frontage and retail bay frontage where it has been provided. Since the balance of the frontage is merely the ground level parking garage, there is less of a need for the glass transparency area. Thus, the waiver can be supported. Granting the waiver to LDR Section 4.6.18(B)(14)(iv)(2) does not affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5) in the reduction of the required 75% transparency area along SE 1"Avenue. Minimum Perimeter Landscape Buffer Requirements: Pursuant to LDR Section 4.6.16(H)(3)(d), a five foot (5) landscaped buffer is required between the off-street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty- four foot (24') wide two-way driveway access ramp to the upper level parking garage along the west property line. Thus, a zero foot (0') landscape buffer is proposed. Waiver#2 minimum Perimeter Landscape Buffer) A waiver to LDR Section 4.6.16(H)(3)(d) has been requested, which requires a five foot (5') landscaped Duffer is required between the off-street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty-four foot (24') wide two- way driveway access ramp to the upper level parking garage along the west property line. Thus, a zero foot(0') landscape buffer is proposed. The applicant has provided the following justification with regard to this waiver request: "We are requesting a waiver to reduce the landscape buffer along the southwest corner of the property. The waiver is only being requested where the ramp end to the west property line_ The ramp is allowed to go up to a 0'O" setback since I is a part of the building footprint," The east-west width of the lot measures approximately 128', while the north-south depth of the site is 382.5', or almost twice the width of the site. The need to locate the parking lot towards the rear of the site and the ingresslegress driveway on the east alley r.o.w., makes it difficult to meet the required building frontages while achieving a well-proportioned, visually attractive, and economically feasible solution along SE 3rd Avenue. The parking lot location and unusually long configuration of the site resulted in a well-conceived and geometrically well-proportioned building. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (13)(5), Minimum Ground Floor Ceiling Height: Pursuant to LDR Section 4.4.13(F)(1)(C), the minimum ground floor ceiling height is ten feet (10'). Nine feet (9') has been proposed on all levels of the Sofa District Lofts building. The applicant has requested that a waiver be granted to this requirement and described below: Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 Waiver#3 Minimum Ground Floor Ceiling Hei h A waiver to L©R Section 4.4.13(F)(1)(C) has been requested to reduce the ground floor ceiling height from ten feet (10') to nine feet (9'). Nine feet (9') has been proposed on all levels of the Sofa District Lofts building. The applicant has requested that a waiver be granted to this requirement and described below: The applicant has provided the following justification with regard to the waiver request: "The majority of the ground floor of the building is parking garage and 9` clear is ample clearance for vehicles." The provision of a reduced nine foot (9) ground level floor to ceiling height provides for a visually appealing five-story building. Since the ground level is parking and retail, there is no need for a higher ceiling. Thus, the reduced ground floor building height should not result in the creation of an unsafe situation. Further, the waiver request will not adversely affect the neighboring area or diminish the provision of public facilities. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Therefore, positive findings can be made with respect to LDR Section 2.4.5 (13)(5). Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) - Minimum residential floor area. There are 8 efficiency dwelling units that range in size from 588 square feet to 781 square feet; 14 one-bedroom dwelling units that range in size from 777 to 845 square feet; and 54 two-bedroom dwelling units that range in size from 964 square feet to 1,332 square feet. Rased upon the above, this LDR requirement has been met. ;Standard Prou�ded 7atal �Qrnpl�ance wit�i LDR_•:" _ Sq ;t) (Sq, Ft) tllrits Requirer�eri"ts'� C�vfrell [iFg Size` Yep No Efficiency 400 - 588-781 S 1 Bedroom Units 600 777-845 14 2 Bedroom Units 900 964-1,332 54 3 Bedroom Units 1,250 NIA 0 NIA 4 Bedroom Units 1,500 NIA 0 NIA Off-Street Parking: Pursuant to LDR Section 4.4.13(G)(1)(g)(1), the portion of the CBD bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, NE 2'd Street on the north and SE 2"d Street on the south shall require one (1) space per 300 sq. ft, of net floor area for business and professional offices within areas zoned CBD (Central Business District). All other uses, except restaurants and call centers are one (1) space per 300 sq. ft. of rg oss floor area. The ground floor retail/fitness area is a combined total of 3,440 sq. ft. and requires fifteen (15) parking spaces, whereas, fifteen (15) parking spaces have been provided. Therefore, this requirement is met. Pursuant to LDR Section 4.4.13(G)(1)(e), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows: Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Lofts -Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 Type of Unit Total No. of Spaces Parking Spaces Parking Spaces Units per Unit Required Provided Efficiency 1 room 8 1.0 8 8 1 bedroom 14 1.25 17,5 18 2 bedrooms 54 1.75 94.5 1 95 Guest parking For the first 20 units 20 0.5 10 10 For units 21-50 30 0.3 9 9 For units 51 and above 26 0,2 5.2 5 Totals 145 145 As shown in the above table, one hundred forty-five (145) parking spaces are required for the proposed 76 unit development and 145 spaces have been provided within the parking garage. Thus, this LDR requirement has been met. As demonstrated above, a total of one hundred sixty (160) spaces are required for the Sofa District Lofts site, and one hundred sixty (160) spaces have been provided on-site on the ground floor and second level parking garage. LDR Section 4.6.9(C)(8)(a) allows for sites to be presented as a unified development, Shared parking between the two (2) Sites is further encouraged with LDR Section 4.6.9(E)(5)(3)(1) allowing for parking associated with a development to be provided off-site so long as it is within a pedestrian path of no greater than three hundred feet (300'). Since the Sofa District Lofts site is only 150' south of the proposed Sofa District Offices site, the shared parking approach can be applied. Under the shared parking provisions of the City's parking regulations, as shown on the table below, the parking has been met. Pursuant to GBD: Parking Weekday Weekday Weekday Weekend Weekend LDR 4.4.13(G)(1)(f) Req, Night Day Evening Day Evening Residential 68,00 68.00 40.80 61.20 54.40 61.20 Office 49.63 2.48 49.63 4.96 4.96 2.48 Commercial/Retail 16,701 0.83 11.69 15.03 16.7 11.69 Hotel 0ml 0.00 0.00 0.00 0.00 0.00 Restaurant 0.00 0.00 0.00 0.00 0.00 0.00 Entertainment/Recreational 0.00 0.00 4.00 0.00 0.00 0.00 Other/Guests/Reserved 76.00 76.00 76,00 76.00 76.00 76.00 total required 210 147 178 157 1521 151 totalsprpvidet# 179 179 . shared total Based on the shared parking table above, 178 spaces are required and 179 spaces have been provided between the Sofa District Lofts (160 spaces) and the Sofa District Offices (19 spaces) sites. On Street Parking: For the Sofa District Lofts site, twelve (12) on-street parking spaces are proposed to be retained along SE 15{ Avenue. For the Sofa District Offices site, three (3) on-street parking spaces are proposed to be retained along SE 1't Street. Although these spaces will remain available to the Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 8 general public, they will also help to meet the short-term parking requirements of residents and guests of the project. Pursuant to LDR Section 4.6.9(E)(2)(a),(b), and (c), the following regulations apply to on-street parking: (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required. Where adequate right-of-way exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenants) of the lot or parcel, unless approved by the City Commission for special events or valet parking. Due the preexistence of these on-street parking areas, no parking credit is allowed per this provision of the Code. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes fifty-three (53) compact parking spaces located within the proposed ground floor parking garage. This represents 29.7% of the total required spaces (178), thus meeting the requirement. Handicapped 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. Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of three (3) accessible parking spaces (145 x 2% = 3). The requirement for non-resident guest spaces is addressed in the Florida Accessibility Code for Building Construction. Under this code, the twenty-four (24) guest spaces will require one (1) additional accessible parking space, for a total of four (4) spaces required for the proposed development. Since five (5) handicap accessible parking spaces have been provided for the Sofa District Lofts site, this LDR requirement has been met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. Bicycle racks and a secure bicycle storage area on the second floor accommodating twenty (20) bicycles are available to future residents of the Sofa District Lofts site. Thus, this requirement is met. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 LDR Article 4,6 - Supplemental District Regulations: Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth (4th) side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes a trash enclosure off of the rear alleyway to the east. Each residential floor of the building includes trash roams for convenient access. Rolling dumpsters will be located along the alley for daily pick-up. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. OTHER ITEMS: Dedication of Rights-of-Way: SE 1St Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1St Avenue is 60' and only 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be sufficient for this section of SE 1 St Avenue. Based upon the above, a dedication of five feet (6) of right-of-way is required and has been depicted on the proposed development plans. It is attached as a condition of approval that the five feet (5') of right-of-way deed for SE 1st Avenue be processed and approved by the City Commission prior to building permit issuance. Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right-of-way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right-of-way width is sixteen feet (16'). The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of twenty feet (20'), which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2) from the subject property is required from this development and has been depicted on the site plan. It is attached as a condition of approval that the two foot (2) of right-of-way dedication for the alley be processed and approved by the City Commission prior to building permit issuance. Sidewalks: Staff review of the preliminary site plan indicates that a waiver to LDR Section 6.1,3(B)(1)(f) will be required. This LDR Section requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8) wide. The applicant has proposed a eight foot (8) sidewalk widths along SE 1St Avenue and SE 1st Street. Thus, this requirement is met. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A composite utility plan included with the site plan submittal depicts each of the various utilities as being located underground. Crime Prevention Through Environmental Design (CPTED): Pursuant to LDR Section 4.4.13(F)(4)(f)(2) CBD Supplemental Development Standards, building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. The City Police Department has performed a CPTED review and expressed the following concerns: 1. The Photometric Study on page PH-1 indicates that illumination levels within both parking levels will fall far short of the necessary 5 Foot Candies (fc) of illumination. 2. It also indicates that Foot Candle (fc) levels on the East side of the building, the garage's only access route, will also fall far short of required levels because the configuration turns the alley into a defacto part of the garage. 3. Covered parking structures require ten (10) foot candles(fc) during the day time and 4-5 fc during nighttime conditions. Modify plans to reflect compliance. 4. Exterior entrances in multifamily buildings require five (5) foot candles (fc) of light with a recommended minimum radius of f i f t e e n f e e t (15) from the center of the door. Modify plans to reflect compliance. 5. Account for foot candle (fc) levels in interior common areas such as hallways, "sitting areas", and lobbies. These items shall be added as conditions of site plan approval. Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed as indicated below: 1. That written confirmation from the City Engineering Department confirms that the Preliminary Engineering Technical items identified in Appendix "C" are satisfied, prior to site plan certification. 2. That a dedication of five feet (5) of right-of-way for SE 1St Avenue is processed with the associated legal review fee and approved by the City Commission, prior to building permit issuance. 3. That the two foot (2) of right-of-way dedication for the alley be processed and approved by the City Commission prior to building permit issuance. 4. Modify the photometric plan to indicate that illumination levels within both parking levels will me the necessary 5 Foot Candles (fc) of illumination. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 5. Revisit the foot candle (fc) levels on the east side of the building (i.e. the garage's only access route) to meet the required levels for the adjacent alley access. 6. Covered parking structures require ten (10) foot candles(fc) during the day time and 4-5 fc during nighttime conditions. Modify plans to reflect compliance. 7. Exterior entrances in multifamily buildings require five (5) foot candles (fc) of light with a recommended minimum radius of f i f t e e n f e e t ( 15) from the center of the door. Modify plans to reflect compliance. 8. Account for f o o t c a n d I e (f c) levels in interior common areas such as hallways, "sitting areas", and lobbies. 9. Provide verification from the Palm Beach County School District that the project will meet school concurrency. Engineering Plan Technical Items: While revised plans have accommodated most of staffs concerns, items described in Appendix "C" remain outstanding and will need to be addressed prior to building permit issuance. VS1QC>FAR G, NAt PSIS , FAMILYIWORKFORCE HOUSING: General Provisions: Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. The proposed locations of the workforce housing units are identified on each of the four (4) residential floors, A variety of floor plans and unit sizes are proposed. Maximum One Bedroom Units: Pursuant to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both workforce units and market rate units. The development proposal consists of fourteen (14) one bedroom units or 18.42% of the seventy-six (76) total units. This meets this requirement. Minimum Family[Workforce Housing, Plans must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 FamilyANorkforce Housing. Thus, no less than 20% or eight (8) Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff'Report of May 28, 2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 of the excess 37.6 units shall be work force housing. This requirement is met with the proposed eight (8) workforce housing units. Thus, this standard is met. Ratio: Per LDR Section 4.7.9(c), the developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. This shall be accomplished by matching the ratios as indicated in the following table: Unit Type Proposed Proposed Required Required Required Market Total Workforce Ratio Workforce Matching Market Rate Units Units , Units Ratio Rate Ratio Efficiency/Studio 1 0.125 1 0.125 7 0.105 8 1 Bedroom 3 0.375 3 0.375 11 0.184 14 2 Bedroom 4 0.500 4 0.500 50 0.710 54 WFH Units 8 1.000 8 1.000 68 1.000 76 Per LDR Section 4.7.9(c)(i), the proportion of one bedroom workforce units to total workforce units may not exceed the proportion of one bedroom market rate units to total market rate units. As indicated in the table above, the applicant does comply with the proportion of workforce units to market rate units for one bedroom units. Per LDR Section 4.7.9(c)(ii), the proportion of two bedroom workforce units to total workforce units may not exceed the proportion of two bedroom market rate units to total market rate units. As indicated in BOLD in the table above, the applicant complies with the proportion of workforce units to market rate units for two bedroom units. Thus, the proposed distribution of workforce housing units is found to be in compliance. Covenant, Per LDR Section 4.7.6(x), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. Prior to building permit issuance, a covenant shall be submitted for approval by the City Attorney's Office and recorded. LANDSCAPE PLAN ANALYSIS A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. A variety of trees, plants and groundcover materials are employed to enhance the development. Along SE 15#Avenue, Double Montgomery Palm, Blue Flax Lily and Triple Alexander Palms are among a variety of species which will be installed to provide a buffer to the adjacent right-of- way. Along the alley to the east, White Indigo Berry, Silver Buttonwood and Crape Myrtle are some of the plant species which will provide aesthetic appeal. To the north; along the perimeter of the parking lot abutting the Boueri Mixed-Use development, Alexander Palm, Cocoplum Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 13 Hedge and Macho Fern are among the new plant materials being installed, To the south, along the perimeter of the parking lot abutting the existing Marc Julien Homes office building, Green Island, Satin Leaf, Marlberry and Silver Buttonwood are among the new plant materials being installed. The City Senior Landscape Planner has reviewed the landscape plan submitted by the applicant. He has noted that all prior technical concerns have been addressed. However, clarification is needed regarding the following: 1. Clarify whether or not the proposed plantings on the third floor are going to be in above ground containers or set into the floor. Include a detail of these areas. Based on the above analysis, the Landscape Plan will comply with LDR Section 4.6.16, upon addressing the aforementioned comment. This is attached as a condition of approval. iAR�,H�TN=CTt.tR�k� Ei..��lA$ION�,�N�LY'S:I�, 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 j 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. The proposed mixed-use residential and commercial building will offer a vibrant and distinguished presence to the neighborhood. The development proposal will significantly enhance the aesthetics of the subject property unifying the parcels under a single development. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. The proposed architectural design is in good taste and will be architecturally harmonious with the surrounding buildings. Based upon the above, positive findings can be made with respect to LDR Section 4.6.18(E). REQU:IR�D ;F1NDlI,1�GS ' ,_ Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 14 LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent with one another. Pursuant to LDR Section 4,4.13(6)(2), professional offices are a permitted use. Thus positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(B) -Concurrency: 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, solid waste, and schools. LDR 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. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the "Site Plan Analysis" section of this report, a positive finding of compliance with the LDR can be made with the approval of the supported waivers and addressing outstanding items attached as conditions of approval. Comprehensive Plan Policies: While the City Commission made positive findings with respect to the following Objectives and Policies of the Comprehensive Plan, the following analysis is provided: Future Land Use Element Objective A-7: 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. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial developments and provide economic stability for the downtown area. Future Land Use e Element redevelopment j Policy A-5.4:, Building and site designs for all development and - s shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. This policy shall be implemented through the review process associated with site plans. As indicated in the "Site Plan Analysis" section of this report, there are some outstanding technical comments from the City Police Department which remain unaddressed and are attached as conditions of site plan approval. Upon addressing these comments, the development proposal will be deemed compliant with Future Land Use Element Policy A-5.4. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 15 Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal has accommodated a bicycle parking facility on site. Based upon the above, the development will comply with Transportation Element Policy D-2.2. LDR Section 2.4.5(F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Use: North Central Business District (CBD) Mixed-Use Retail & Office Building (Boueri South Central Business District (CBD) Mixed-Use Retail and Office Building (The Mark East Central Business District (CBD) Approved "Sofa Building 2" Multi-Family Residential Development West Old School Square Historic Arts Single-Family and Multi-Family Dwellings District (OSSHAD The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE 1st Avenue, are located within the OSSHAD (Old School Square Historic Arts District). Specifically, across the alley, to the east, is the approved "Sofa Building 2" multi-family residential development. To the west of the site, across SE 1" Avenue, are historic single family and multi-family dwellings. To the north of the Sofa District Lofts site, is the recently constructed Boueri mixed-used building. To the south of the Sofa District Lofts site is a multi-tenant, multi-story retail and office building called "The Mark". Thus, the proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The additional residents should improve the stability of the CBD downtown neighborhood by increasing the number of"eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(F)(5). �E0 $Y OTHERS Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Sofa District Lofts and Offices Conditional Use and the associated Class V Site Plans request at their meeting of January 9, 2014. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 16 Downtown Development Authority: The Downtown Development Authority (DDA) recommended approval of the Class V Site Plan for Sofa District Lofts at its meeting of May 12, 2014, subject to the condition that all CPTED lighting concerns are remedied. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Osceola Park ❑ Delray Citizen's Coalition ❑ Chamber of Commerce Public Notice. Formal public notice was provided to property owners within a 500' radius of the subject property in association with the Sofa District Offices and Lofts conditional use request for increased density (67.6 units per acre allowed). No adverse comments were received. Future letters of support or objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. Um ! <, , ASSESSMENT AN1D CQNCLlJ51QN The proposed Class V Site Plan consists of construction of a five-story mixed-use development which includes 76 residential units with commercial tenant bays and parking on the ground level. The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties. There are three (3) waivers associated with the proposed Sofa District Lofts mixed-use development. All three (3) of these waivers are deemed supportable based upon staff analysis and circumstances specific to the Sofa District Lofts site_ With respect to the provisions of Article 4.7, "FamilyMorkforce Housing", the applicant has met this requirement with eight (8) units of varying unit types and sizes. CPTED comments are outstanding and are attached as conditions of approval. These standards will be met with the provision of a photometric plan in compliance with LDR Section 4.6.8. QL TRNATIVE ACTIOt A. Continue with direction. B. Move approval of the waiver requests, Class V site plan, landscape plan and architectural elevations for Sofa District Lofts, 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 criteria set forth in Sections 2.4.5(F), 2.4,7(13)(5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the waiver requests, Class V site plan, landscape plan and architectural elevations for Sofa District Lofts, by adopting the findings of fact and law contained in the Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 17 staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F), 2.4.7(6)(5), and Chapter 3 of the Land Development Regulations. STAIFF,R COMIIdIEh1DATION , By Separate Motions: Minimum Floor Height Waiver: Make a recommendation to the City Commission to approve the waiver request to LDR Section 4.4.13(F)(1)(c), to reduce the minimum floor height from the required 10'0" from finished floor to finished ceiling, to the proposed 9'0" for the ground floor, 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(8)(5). Minimum Transparency Waiver., Make a recommendation to the City Commission to approve the waiver request to LDR Section 4.6.18(B)(14)(iv)(2), whereas the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings is 75% of the wall area for that elevation and 57.87% along SE 15t Avenue, 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(6)(5), Perimeter Landscape Buffer.- Make a recommendation to the City Commission to approve the waiver request to LDR Section 4.6.16(H)(3)(d), which requires a five foot (5) landscaped buffer between the off-street parking area or other vehicular use area and abutting property, whereas a two inch (2") landscape buffer is proposed, 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(B)(5). Class V Site Plan: Move approval of the Class V site plan for Sofa District Lofts, 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 criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That written confirmation from the City Engineering Department confirms that the Preliminary Engineering Technical items identified in Appendix °C" are satisfied, prior to site plan certification. 2. That a dedication of five feet (5) of right-of-way for SE 1"Avenue is processed with the associated legal review fee and approved by the City Commission, prior to building permit issuance. 3. That the two foot (2) of right-of-way dedication for the alley be processed and approved by the City Commission prior to building permit issuance. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 18 4. Modify the photometric plan to indicate that illumination levels within both parking levels will me the necessary 5 Foot Candles (fc) of illumination. 5. Revisit the foot candle (fc) levels on the east side of the building (i.e. the garage's only access route) to meet the required levels for the adjacent alley access. 6. Covered parking structures require ten (10) foot candles(fc) during the day time and 4- 5 fc during nighttime conditions. Modify plans to reflect compliance. 7. Exterior entrances in multifamily buildings require five (5) foot candles (fc) of light with a recommended minimum radius of f i f t e e n f e e t ( 15) from the center of the door. Modify plans to reflect compliance. 8. Account for foot candle (f c) levels in interior common areas such as hallways, "sitting areas", and lobbies. 9. Provide verification from the Palm Beach County School District that the project will meet school concurrency. Landscape Plan: Move approval of the landscape plan for Sofa District Lofts, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Clarify whether or not the proposed plantings on the third floor are going to be in above ground containers or set into the floor. Include a detail of these areas. Architectural Elevations: Move approval of the architectural elevations for Sofa District Lofts, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments:Location Map,Waiver Justification Letters,Site Plan,Landscape Plan,Architectural Eicwtions.Appendix"A",Appendix"B"and Appendix Staff Repw Prepared by., Candi N.Jefferson,Senior Planner Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan,Landscape Plan and Architectural Elevations Page 19 AF?PENDI�C �'1�,� GO�ICU�iRENCY FiND1N�S ,` Pursuant to LDR Section 3.1.1(8), 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 service is proposed via a service lateral connection to the existing eight inch (8") water main located within the SE 1St Avenue right-of-way. Sewer service is proposed via a service lateral connection to the existing eight inch (8") sanitary sewer main located within the adjacent alley to the east. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been provided which indicates that the proposed mixed-use development will generate 821 net new vehicle trips per day. Specifically, it will generate 43 AM net new peak hour trips and 74 PM net new peak hour trips. Palm Beach County Traffic Division has confirmed concurrency. Parks and O en Space: A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of thirty-eight thousand dollars ($38,000.00) will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: For the Sofa District Lofts site, the proposed 3,440 sq. ft. of retail generates a total of 17.54 tons of solid waste per year. The proposed 76 dwelling units will generate a total of 39.52 tons of solid waste per year. Therefore, there will be a net increase of 57.06 tons per year with the proposed development of the site. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground level of the parking garage that will connect to an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on-site drainage. However, the Engineering Department does have preliminary engineering technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made, subject to satisfaction of all preliminary engineering technical comments during the subsequent site plan approval process. Schools: The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and a written finding of approval from the School District is attached as a condition of approval. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of February 22, 2012 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 20 APl?ENDIC��B�a.; 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 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 Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Revised Information for item 9. Site Plan Review and Appearance Board Staff Report of February 22, 2012 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 21 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 Meets intent of standard X Does not meet intent Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Lofts-Class V Site Plan, Landscape Plan and Architectural Elevations Page 22 APPENDIX `��y ; PR�IIMIN. RY E'NGINEI=RING TEHNIC . COMMENTS , Engineering Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: 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 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 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. 3. Provide existing elevations on existing roadway including edge of pavement and center line, 4. Revise orientation of north arrow on civil plans for Loft. 5. Please coordinate location of all existing and proposed easements on Plat, Site, Civil, Landscape and Composite Utility Plans. Existing and proposed easement locations and labeling needs to be consistent an all plans. 6. Indicate right-of-way dedications on all plans, including civil plans in accordance with LDR Section 5.3.1. Confirm right-of-way dedication for 15'Street and indicate on all plans_ 7. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) (6). 8. If project phasing is proposed, such phases need to be clearly shown on the plans and a narrative describing the phasing program provided per LDR Section 2.4.3 (B) (22). Please indicate phasing plan on Engineering Plans and clearly indicate how this would affect proposed improvements and specifically water and sewer improvements. 9. Submit South Florida Water Management District (SFWMD) permit or permit modification in accordance with LDR Section 2.4.6(J). If project qualifies for an "electronic self-certification" with SFWMD, provide letter from Engineer of Record stating reason. In addition, letter must also state all requirements under Florida Statues Section 403.814(12) have been meet. 10. Provide certification letter in accordance with LDR Section 7.1.3 (13) (2) for all buildings not meeting finish floor elevation requirements. The finished floor elevation is required to be a minimum of 18-inches above average crown / centerline of adjacent roads. Letter must state drainage conditions have been investigated and the proposed finished floor elevation is above the 100-year flooding level. 11. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water uq_ality 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.124 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. Revised Information for Item 9.D. Site Plan Review and Appearance Board Staff Report of February 22,2012 Sofa District Lofts-Class V Site Plan,Landscape Plan and Architectural Elevations Page 23 12. Remove drainage connection into the City's system on S.E. 16t Avenue for the Lofts. Drainage connections from a private system into the City's are not allowed. 13. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main; submit to my attention at the Engineering Division. 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. 14. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. . 15. The Composite Utility Plan (or Composite Overlay Plan) needs to include all existing and proposed overhead and underground utilities;.all existing and proposed light poles; all existing and proposed easements; all existing and proposed improvements to hardscape and landscape. The Composite Utility Plan is also used to ensure physical features and existing or proposed utilities do not conflict with each other. 16. Indicate a City approved bus shelter and mass transit easement (as applicable) will be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5 and LDR Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new residential project that has 25 or more units; 2) a nonresidential project that is greater than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed Palm Tran bus stop, A bus shelter is required to be installed on S.E. 1St Street in the west bound direction as S.E. 1St Street will be changed to two-way this year. 17. Please indicate on plans a City approved bus shelter will be installed in accordance with Palm Tran and ADA requirements (eg. 5' x 8' landing area, 30' from intersection, direct access to site, etc). In accordance with LDR Section 6.1.14, bus shelter needs to include a pad, an ADA- compliant boarding and alighting area, and an ADA-compliant structure which includes a mounted trash receptacle, bike rack, bench and sufficient illumination. 18. 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. 19. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division, 20. Additional comments may follow after review of revised plan. Revised Information for Item 9.D. XU Richard Jones ARCHITECTURE AA26001617 1 11326001056 10 SE WAVE DEL€tAY BEACH,FL33444 15612749186 1 www.rjarchltecturexom JUSTIFICATION STATEMENT APR I :_ 2014 SofA DISTRICT OFFICES AND LOFTS Ft.ANNING&ZONING DEVELOPMENT STANDARDS —SECTION 4.4.13{p) In designing the site, the Applicant has taken into account Section 4.4.13(F)—Development Standards and Section 4.6,128(B)(14)—Buildings within the Downtown Area as .set forth in the City's LDRs. With the exception of the Waivers requested as part of this application, the project complies with these LDRs. WAIVER ANALYSIS— Loft Site Pursuant to LDR Section 2.4.7(B)(5)—Waivers, Findings: Prior to granting a Waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation, or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting the following five (3)waivers: ULDC CODE REQUIRED PROPOSED VARIANCE S CTION Waiver 1 Section Transparency 75% 57,87% 17,13% Waiver 2 Section Ground floor ceiling V 1' difference height 10' required Waiver 3 Section 5' landscape buffer 1' 4'difference This applicant has provided the following justification with regard to theses Waiver requests: Waiver 1: Requesting waiver to the required 75% of ground floor transparency or glass along SE 1 Sc Ave. Currently we are providing 57.87%. There is a large portion of floor the ceiling glass located at the retail and fitness center. Waiver2: The majority of the ground floor of the building is parking garage and 9' clear is amble clearance for vehicles. 1. SOFA District Offices and Lofts Page 1 Revised Information for Item 9.D. Conditional Use Justification Statement April 10, 2014 Richard Tones ARCHITECTURE � s A.;�26001617 1 IB26001056 10 SE 1st AVE DELRAY BEACH;FL 39444 1 5612749186 l www.rjarchitecture.com Waiver3: We are requesting a waiver to reduce the landscape buffer along the south west corner of the property. The waiver is only being requested where the ramp end to the west property line. The ramp is allowed to go up to a 0'-0" setback since it is a part of the building footprint Revised Information for Item 9.D. L-2 « T L A N T I C « V E N U E IL { \ } { \ } Ld \ _ D / \ \ 2 < \ \ < s \ \ \ \ G < » . < . \ \ ! S,E ]ST S2 3 - ® / \ © G \ » \ \ \ 9 Ll - s,E 2ND ST. \ 0 6 ® % c \ S.F. 3RD S T. wUf aG « SOFA DISTRICT LOFTS � « � PLANNING AND ZONING . DEPARTMENT LOCATION MAP — DIGITAL BASE melYSTa — . 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'��J-T._ v,M/mihhe�\\'v®mey'3�U1�7N>b�]�,��taudm.,evx sefms�:ec3�oemeoxt xgpn.�s�:n'tju�'r ia'ix'fbr+nux�s ct� w e h CY) qq° Zj VOKE"U Rovaff�VN13QHO[Z3AV SSl'3'SC I E low aq> SL-107 SaC1IL5CCCVJoS ❑ 1, o I ®ER ®® o a j ® s ®®® I ®® °. . . z o Ow NO MPM PAL 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 ASSOCIATED WITH SOFA DISTRICT LOFTS 1. These waiver requests associated with SOFA District Lofts came before the City Commission on July 15, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for SOFA District Lofts. 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 — Minimum Ground Level Glass Transparency: Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. The applicant is asking for a waiver to allow the percent of transparent or glass surface area provided on the ground level to be 57.87% along SE 1 st Ave. Should the waiver to LDR Section 4.6.18(B)(14)(iv)(2) be granted? Yes No B. Waiver #2 — Minimum Perimeter Landscape Buffer: Pursuant to LDR Section 4.6.16(H)(3)(d), a five foot (5') landscaped buffer is required between the off-street parking area or other vehicular use area and abutting property. The applicant is requesting a waiver to allow a zero foot (0') landscape buffer. Should the waiver to LDR Section 4.6.16(H)(3)(d) be granted? Yes No C. Waiver #3 — Minimum Ground Floor Ceiling Height: Pursuant to LDR Section 4.4.13(F)(1)(C), the minimum ground floor ceiling height is ten feet (10'). The applicant is requesting a waiver to allow for a minimum ground floor ceiling height of nine (9') feet on all levels of the Sofa District Lofts building. Should the waiver to LDR Section 4.4.13(F)(1)(C) be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDRs. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of July, 2014, by a vote of in favor and opposed. Cary D. Glickstein, Mayor ATTEST: Chevelle Nubin, City Clerk 3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 11, 2014 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF JULY 15,2014 WAIVER REQUESTS/SOFA DISTRICT OFFICES BACKGROUND The development proposal entails construction of a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1 st Street with associated on-site landscaping and adjacent right-of-way upgrades. Waiver Justification: 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. Ground Level Minimum Transparency Requirement: Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 38.9% along SE Ist Ave and 55.9% along SE Ist street. The applicant has provided the following justification statement regarding the waiver request: "Requesting waiver to the required 75% of ground floor transparency or glass along SE 1st Ave. Currently we are providing 38.9% along SE 1st Ave and 55.9% along SE 1st street. There is a large portion of floor to ceiling glass located at the retail." Since the primary purpose of the glass transparency area is to market retail uses and appear inviting to pedestrians and passing vehicles, the glass transparency area is most effective along the fitness center frontage and retail bay frontage where it has been provided. Since the balance of the frontage is merely the ground level parking garage, there is less of a need for the glass transparency area. Thus, the waiver can be supported. Granting the waiver to LDR Section 4.6.18(B)(14)(iv)(2) does not affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5) in the reduction of the required 75% transparency area along SE 1 st Avenue and SE 1 st Street. Sight Visibility Triangle Requirement: Pursuant to LDR Section 4.6.14(B)(1), the minimum sight visibility triangle at the intersection of a driveway and adjacent right-of-way is 10' x 10', the applicant proposes an 8' x 10' sight visibility triangle where the twenty-four foot (24') wide two-way driveway into the parking garage intersects the alley along the east (rear)property line. The applicant has provided the following justification with regard to this request: "We needed to reduce the sight triangle since there is an existing transformer that serves Worthing Place that has to remain. " The need to locate the parking lot towards the rear of the site and the ingress/egress driveway on the east alley r.o.w., makes it difficult to meet the required sight visibility triangles. The parking garage location and unusually long configuration of the site result in limited vehicle access along the alley. The applicant has attempted to meet the intent of the code by extending the sight visibility triangle as far as possible, subject to the existing encroachment of the Worthing Place transformer which is permanently situated on-site. Thus, the waiver is supportable. The waivers will not adversely affect neighboring properties or diminish the provision of public facilities. The waivers would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Upper Level Floor Area and Frontage Requirements: Pursuant to LDR Section 4.4.13(F)(4)(c)(2), the floor area for each floor contained within the portion of the structure that is 25' to 48' in height shall not exceed (seventy percent) 70% of the floor area contained within the allowable ground level footprint. The 3rd level and roof level fall within this height range. 80.8% (excludes balconies) of the ground floor area is proposed, whereas seventy percent (70%) is the maximum between 25' and 48' height. The applicant has provided the following justification with regard to this request: "The 3rd floor sq. ft. 9,565 includes exterior area not enclosed. The floor area enclosed is actually 8,327 sq. ft., so the percentage is actually 80.8%. We feel this particular corner site we meet all city setback requirements to reduce mass of the building and the extra sq.footage on the 3rd floor only is situated along the zero lot line (north property line) to Worthing Place 5-story building which is 6' away. Thus, this extra sq.ft. will be indistinguishable from the street." The east-west width of the lot measures approximately 128', while the north-south depth of the site is 382.5', or almost twice the width of the site. This site configuration presents limitations to accommodate the required building frontage along the narrow width of the site on SE 1st Avenue. Under these circumstances the waivers can be supported. The waivers will not adversely affect neighboring properties or diminish the provision of public facilities. The waivers would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). DISCUSSION Approve the three (3)waiver requests to allow 38.9% glass transparency area on the ground level facing SE 1st Avenue and 55.9% glass transparency area on the ground level facing SE 1st Street, whereas a minimum of 75% glass transparency area is required pursuant to LDR Section 4.6.18(B)(14)(iv)(2), and to allow an 8' x 10' sight visibility triangle where the 24' two-way drive aisle entrance to the parking garage intersects the alley in the rear of the property, whereas a 10' x 10' sight visibility triangle is required pursuant to LDR Section 4.6.14(B)(1), and to allow 80.8% upper level floor area at heights ranging between 25' to 48', whereas a maximum of 70% of the allowable ground floor area is allowed on upper levels pursuant to LDR Section 4.4.13(F)(4)(c)(2). RECOMMENDATION Advisory/Approving Board Recommendation: On May 28, 2014, in association with a Class V Site Plan modification, the Site Plan Review and Appearance Board (SPRAB)recommended approval to the City Commission to allow 38.9% glass transparency area on the ground level facing SE 1st Avenue and 55.9% glass transparency area on the ground level facing SE 1st Street, whereas a minimum of 75% glass transparency area is required pursuant to LDR Section 4.6.18(B)(14)(iv)(2), and to allow an 8' x 10' sight visibility triangle where the 24' two-way drive aisle entrance to the parking garage intersects the alley in the rear of the property, whereas a 10' x 10' sight visibility triangle is required pursuant to LDR Section 4.6.14(B)(1). However, SPRAB denied the request to allow 80.8% (excludes balconies) upper level floor area at heights ranging between 25' to 48', whereas a maximum of 70% of the allowable ground floor area is allowed on upper levels pursuant to LDR Section 4.4.13(F)(4)(c)(2). The motion to approve failed by a vote of 1 to 3. Staff Recommendation: The Planning & Zoning Department recommends approval of the three (3) waiver requests to allow 38.9% glass transparency area on the ground level facing SE 1st Avenue and 55.9% glass transparency area on the ground level facing SE 1st Street, whereas a minimum of 75% glass transparency area is required pursuant to LDR Section 4.6.18(B)(14)(iv)(2), and to allow an 8' x 10' sight visibility triangle where the 24' two-way drive aisle entrance to the parking garage intersects the alley in the rear of the property, whereas a 10' x 10' sight visibility triangle is required pursuant to LDR Section 4.6.14(B)(1), and to allow 80.8% (excludes balconies) upper level floor area at heights ranging between 25' to 48', whereas a maximum of 70% of the allowable ground floor area is allowed on upper levels pursuant to LDR Section 4.4.13(F)(4)(c)(2), based on positive findings with respect to LDR Section 2.4.7(B)(5) and consistency with the Comprehensive Plan. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE. May 28, 2014 ITEM: Sofa District Offices – Class V Site Plan, Landscape Plan and Architectural Elevations associated with the construction of a four-story mixed-use development which includes Class "A" office space on the 2nd and 3`d levels, a 204 sq. ft. lobby with a balcony and restroom facilities on the 4th level, and commercial tenant bays and parking on the ground level. GENERAL DATA: Agent..................................... Richard Jones Architecture, Inc. £33 y 9_ U Applicants/Owners................... J & M Holdings and Investments, N.E. 1ST sr. Inc. . Location..................................... At the northeast corner of SE 1St Avenue w w and SE 1St Street Z z Property Size............................. 0.307 acres Existing FLUM........................ Central Core (CC) ATLANTC Proposed FLUM...................... No Change I A V E N U E Existing Zoning....................... Central Business District(CBD) —_ Proposed FLUM...................... No Change W D Li .........Z S Adjacent Zoning North: Central Business District CBD > > South: Central Business District(CBD) f l S.E. 1ST ST, East: Central Business District(CBD) — Z _ N West: OSSHAD (Old School Square Historic Arts District) - - Existing Land Use...................... Vacant/Undeveloped Land H -11A LIU L. 11 Proposed Land Use................... Mixed-Use Retail/Office Building S.E. 2ND _ ST, Z � Lj Water Service............................ Via Service Lateral Connection to an o --. Existing 8" Water Main Located Z – -- within the SE 1St Avenue Right-of- -- o Way _ 3 . .. Z ............_ N Sewer Service............................ Via Service Lateral Connection to an _ w Ld Existing 8" Sanitary Sewer Main Located within the Adjacent Alley to S.E. 3RD ST. the East Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 1 ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class V site plan request for Sofa District Offices, pursuant to Land Development Regulations (LDR) Section 2.4.5(17)(1)(a) ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and, ❑ Waiver Requests BACKGROUND The subject property is platted in the Town Of Delray and consists of the south 24.2 feet of Lot 11 and all of Lot 12 in Block 77. It is a vacant commercial property zoned CBD (Central Business District) with a Central Core (CC) Future Land Use Map (FLUM) designation. It comprises approximately 0.306 acres (13,372 sq. ft.). It is located at 101 SE 1St Street which is at the northeast corner of SE 1 St Avenue and SE 1 st Street. Now before the Board for consideration is the Sofa District Offices which proposes to construct a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1St Street with associated on-site landscaping and adjacent right-of-way upgrades. PROJECT DESCRIPTION The development proposal consists of the following: ❑ Construction of a four(4) story mixed-use office/commercial building ❑ Provision of two (2) retail bays totaling 1,600 sq. ft. on the ground floor fronting on SE 1 st Street ❑ Provision of 14,890 sq. ft. of"Class A" office space on three (3) levels ❑ Provision of a 204 sq. ft. lobby on the fourth floor roof/terrace level ❑ Installation of an eight foot (8') wide concrete sidewalk along SE 1St Avenue and SE 1 st Street ❑ Installation of associated on-site landscaping and landscape nodes in the adjacent rights-of-way ❑ Construction of nineteen (19) covered surface parking spaces ❑ Shared parking with the Sofa District Lofts site to allow shared use of an additional thirty-six (36) spaces, whereas fifty-five (55) spaces would normally be required to be accommodated on-site Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 2 The Class V Site Plan application also includes three (3) waiver requests as follows: O A waiver to LDR Section 4.6.18(13)(14)(iv)(2), whereas the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 38.9% along SE 1st Ave and 55.9% along SE 1 st street. O A waiver to LDR Section 4.6.14(B)(1), whereas the minimum sight visibility triangle at the intersection of a driveway and adjacent right-of-way is 10' x 10', the applicant proposes an 8' x 10' sight visibility triangle where the twenty-four foot (24') wide two- way driveway into the parking garage intersects the alley along the east (rear) property line. O A waiver to LDR Section 4.4.13(F)(4)(c)(2), whereas the maximum upper level floor area is 70% of the ground floor area, a 92.87% floor area allowance is requested on the 3rd floor at the height range between 25' to 48'. 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. LDR Section 4.3.4(K) - Development Standards Matrix: Please note the Land Development Regulations (LDR) Section 4.3.4 - Development Standards Matrix for Non-Residential Zoning Districts which apply to Central Business District (CBD) zoning districts: SE Ist Avenue' LOWER LEVEL (Min./Max.) Standard: Required: Proposed: (Ground floor to 25') Building Setbacks: Front (west) 5' min. 5'0" -frontage (91.5') 70% min. /90% max. 10' max. 68.0' (74.32%) - remaining length 10% min. /30% max. 15' min. 23.5' 25.68%) Rear (east) 10' 10''/ Side Interior(north) 0' 0191, Side Street (south) 0' 5'1'/2" SE 1't Avenue UPPER LEVEL (Min./Max.) Standard: Required: Proposed: (25' to 48' height) Building Setbacks: Front (west) - frontage (915) 70% min. 15' min. 72'11" (79.68%) - remaining length 10% min. /30% max. S min. 18'6" 20.22%) Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 3 SE 1s Street LOWER LEVEL (Min./Max.) Standard: Required: Proposed: (Ground floor to 25') Building Setbacks: Front (side street) 5' min. 5Th" - frontage (113') 70% min. /90% max. 10' max. 101.7' (90%) - remaining length 10% min. /30% max. 15' min. 11.3' (10%) SE 1 st Street UPPER LEVEL (Min./Max.) Standard: Required: Proposed: (25' to 48' height) Building Setbacks: Front (side street) - frontage (113') 70% min. 15' min. 83'3" 73.61%) - remaining length 10% min. /30% max. 5' min. 29'10" (26.39%) CBD Zoning (Min./Max.) Standard: Required: Proposed: Building Height: 25' min. /48' max. 48' Open Space: 0% 11.8% Required: Proposed: Roof Level Floor Area: 50% max. of ground floor N/A (above 48'high) 5,149 sq. ft. /10,299 sq. ft. - Not Applied Upper Level Floor Area: 70% max. of ground floor 0.02% (25'- 48'high) 7,209 sq. ft. / 10,299 sq. ft. 204 sq. ft. / 10,299 sq. ft. - Applied to 4t" Floor Upper Level Floor Area: 70% max. of ground floor 92.87% (25'- 48'high) 7,209 sq. ft. / 10,299 sq. ft. 9,565 sq. ft. / 10,299 sq. ft. - Applied to 3rd Floor Lower Level Floor Area: N/A 100% of allowable ground floor (Ground floor to 25'high) 10,299 proposed sq. ft. The item indicated in BOLD above is deemed noncompliant. All other items are in compliance. However, the applicant has requested three (3) waivers, which are analyzed in the following "Waiver Analysis" section of the report. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 AI`/ER ANALYSIS Pursuant to LDR Section 2.4.7(13)(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. Ground Level Minimum Transparency Requirement: Pursuant to LDR Section 4.6.18(13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 38.9% along SE 1st Ave and 55.9% along SE 1st street. The applicant has requested a waiver which is discussed in the following section below: Waiver#1 (Minimum Ground Level Glass Transparency) A waiver to LDR Section 4.6.18(13)(14)(iv)(2) has been requested, whereas the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation, the proposed transparent or glass surface area provided on the ground level is 38.9% along SE 1st Ave and 55.9% along SE 1st street. The applicant has provided the following justification statement regarding the waiver request: "Requesting waiver to the required 75% of ground floor transparency or glass along SE 1st Ave. Currently we are providing 38.9% along SE 1st Ave and 55.9% along SE 1st street. There is a large portion of floor to ceiling glass located at the retail." Since the primary purpose of the glass transparency area is to market retail uses and appear inviting to pedestrians and passing vehicles, the glass transparency area is most effective along the fitness center frontage and retail bay frontage where it has been provided. Since the balance of the frontage is merely the ground level parking garage, there is less of a need for the glass transparency area. Thus, the waiver can be supported. Granting the waiver to LDR Section 4.6.18(13)(14)(iv)(2) does not affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5) in the reduction of the required 75% transparency area along SE 1St Avenue and SE 1St Street. Upper Level Floor Area and Frontage Requirements: Pursuant to LDR Section 4.4.13(17)(4)(c)(2), the floor area for each floor contained within the portion of the structure that is 25' to 48' in height shall not exceed (seventy percent) 70% of the floor area contained within the allowable ground level footprint. The 3rd level and roof level fall Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 within this height range. 92.87% of the ground floor area is proposed, whereas seventy percent (70%) is the maximum between 25' and 48' height. The applicant has requested a waiver which is discussed in the following section below: Waiver#2 (Upper Level Floor Area) A waiver has been requested to allow a maximum of 92.87% of the allowable ground floor area on the 3rd floor, whereas a maximum of 70% of the allowable ground level floor area is required on the upper levels between 25' and 48'. The applicant has provided the following justification with regard to this request: "The 3rd floor sq. ft. 9,565 includes exterior area not enclosed. The floor area enclosed is actually 8,327 sq. ft., so the percentage is actually 80.8%. We feel this particular corner site we meet all city setback requirements to reduce mass of the building and the extra sq. footage on the 3rd floor only is situated along the zero lot line (north property line) to Worthing Place 5-story building which is 6' away. Thus, this extra sq. ft. will be indistinguishable from the street" The east-west width of the lot measures approximately 128', while the north-south depth of the site is 382.5', or almost twice the width of the site. This site configuration presents limitations to accommodate the required building frontage along the narrow width of the site on SE 1St Avenue. Under these circumstances the waivers can be supported. The waivers will not adversely affect neighboring properties or diminish the provision of public facilities. The waivers would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Sight Visibility Triangle Requirements: Pursuant to LDR Section 4.6.14(6)(1), the minimum sight visibility triangle at the intersection of a driveway and adjacent right-of-way is 10' x 10', the applicant proposes an 8' x 10' sight visibility triangle where the twenty-four foot (24') wide two-way driveway into the parking garage intersects the alley along the east (rear) property line. The applicant has requested a waiver which is discussed in the following section below: Waiver#3 (Sight Visibility Trianqle) A waiver has been requested to allow an 8' x 10' sight visibility triangle at the intersection of a driveway and adjacent right-of-way where the twenty-four foot (24')wide two-way driveway into the parking garage intersects the alley along the east (rear) property line, whereas a 10' x 10' sight visibility triangle is required. The applicant has provided the following justification with regard to this request: "We needed to reduce the sight triangle since there is an existing transformer that serves Worthing Place that has to remain." The need to locate the parking lot towards the rear of the site and the ingress/egress driveway on the east alley r.o.w., makes it difficult to meet the required sight visibility triangles. The Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices- Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 parking garage location and unusually long configuration of the site result in limited vehicle access along the alley. The applicant has attempted to meet the intent of the code by extending the sight visibility triangle as far as possible, subject to the existing encroachment of the Worthing Place transformer which is permanently situated on-site. Thus, the waiver is supportable. The waivers will not adversely affect neighboring properties or diminish the provision of public facilities. The waivers would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (13)(5). LDR Section 4.4.13 - Central Business District: Off-Street Parking: Pursuant to LDR Section 4.4.13(G)(1)(g)(1), the portion of the CBD bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, NE 2nd Street on the north and SE 2nd Street on the south shall require one (1) space per 300 sq. ft. of net floor area for business and professional offices within areas zoned CBD (Central Business District). All other uses, except restaurants and call centers are one (1) space per 300 sq. ft. of gross floor area. The combined retail/office net floor area of the proposed 16,490 sq. ft. mixed-use building requires fifty-five (55) parking spaces, whereas, nineteen (19) parking spaces have been provided on- site. However, there are a total of one hundred sixty (160) spaces are provided for the Sofa District Lofts site on the ground floor and second level parking garage. Therefore, the total available shared parking facilities for the two (2) developments are one hundred seventy-nine (179) spaces. Per LDR Section 4.6.9(C)(8)(a) allows for sites to be presented as a unified development. Shared parking between the two (2) sites is further encouraged with LDR Section 4.6.9(E)(5)(a)(1) allowing for parking associated with a development to be provided off-site so long as it is within a pedestrian path of no greater than three hundred feet (300'). Since the Sofa District Lofts site is only 150' south of the proposed Sofa District Offices site, the shared parking approach can be applied. Under the shared parking provisions of the City's parking regulations, as shown on the table below, the parking has been met. Pursuant to CBD: Parking Weekday Weekday Weekday Weekend Weekend LDR 4.4.13(G)(1)(f) Req. Night Day Evening Day Evening Residential 68.00 68.00 40.80 61.20 54.40 61.20 Office 49.63 2.48 49.63 4.96 4.96 2.48 Commercial/Retail 16.70 0.83 11.69 15.03 16.7 11.69 Hotel 0.00 0.00 0.00 0.00 0.00 0.00 Restaurant 0.00 0.00 0.00 0.00 0.00 0.00 Entertainment/Recreational 0.00 0.00 4.00 0.00 0.00 0.00 Other/Guests/Reserved 76.00 76.00 76.00 76.00 76.00 76.00 total required 210 147 178 157 152 151 total provided 179 179 shared total Based on the shared parking table above, 178 spaces are required and 179 spaces have been provided between the Sofa District Lofts (160 spaces) and the Sofa District Offices (19 spaces) sites. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices- Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 On Street Parking: For the Sofa District Offices site, three (12) on-street parking spaces are proposed to be retained along SE 1St Avenue. For the Sofa District Offices site, three (3) on-street parking spaces are proposed to be retained along SE 1St Street. Although these spaces will remain available to the general public, they will also help to meet the short-term parking requirements of residents and guests of the project. Pursuant to LDR Section 4.6.9(E)(2)(a),(b), and (c), the following regulations apply to on-street parking: (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required. Where adequate right-of-way exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. Due the preexistence of these on-street parking areas, no parking credit is allowed per this provision of the Code. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes fifty-three (53) compact parking spaces located within the proposed ground floor parking garage. This represents 29.7% of the total required spaces (178), thus meeting the requirement. Handicapped 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, two percent (2%) of the parking spaces serving the development must be handicap accessible. Based upon the nineteen (19) on-site parking spaces provided, the development needs to provide a minimum of one (1) handicap accessible parking space. Since two (2) handicap accessible parking spaces have been provided for the Sofa District Offices site, this LDR requirement has been met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. Bicycle racks and a secure bicycle storage Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 8 area on the ground floor accommodating ten (10) bicycles are available to future employees of the Sofa District Offices site. Thus, this requirement is met. LDR Article 4.6 - Supplemental District Regulations: Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth (4th) side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes a trash room off of the rear alleyway to the east. Each commercial floor of the building includes trash rooms for convenient access. Rolling dumpsters will be located along the alley for daily pick-up. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. OTHER ITEMS: Dedication of Rights-of-Way: SE 1St Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1St Avenue is 60' and only 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be sufficient for this section of SE 1St Avenue. Based upon the above, a dedication of five feet (5) of right-of-way is required and has been depicted on the proposed development plans. It is attached as a condition of approval that the five feet (5) of right-of-way deed for SE 1st Avenue be processed and approved by the City Commission prior to building permit issuance. SE 1St Street: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1St Street is 55' and only 50' of right- of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be insufficient for this section of SE 1St Street. Based upon the above, a dedication of 2.5' of right-of-way is required and has been depicted on the proposed development plans. It is attached as a condition of approval that the 2.5' of right-of-way deed for SE 1St Street be processed and approved by the City Commission prior to building permit issuance. 20' Corner Clip: Pursuant to LDR Section 5.3.1.D.3., a twenty foot (20') corner clip right-of-way dedication is required. All intersections in the CBD must comply. The corner clip must be dedicated at the intersection of SE 1St Ave. and SE 1St St. which allows for the existing sidewalk to be contained within the public right-of-way. Proposed plans reflect the twenty foot (20) right- of-way dedication for the corner clip at the road intersection and the property line and all required building/structural setbacks are shifted accordingly by twenty feet (20) to demonstrate compliance. Subsequent processing and approval of a r.o.w. deed for the 20' corner clip Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 dedication shall be approved by the City Commission and recorded with Palm Beach County. This is a condition of approval. Allen: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right-of-way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right-of-way width is sixteen feet (16'). The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of twenty feet (20'), which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required from this development and has been depicted on the site plan. It is attached as a condition of approval that the two foot (2') of right-of-way dedication for the alley be processed and approved by the City Commission prior to building permit issuance. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A composite utility plan included with the site plan submittal depicts each of the various utilities as being located underground. Crime Prevention Through Environmental Design (OPTED): Pursuant to LDR Section 4.4.13(F)(4)(f)(2) CBD Supplemental Development Standards, building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. The City Police Department has performed a CPTED review and expressed the following concerns: 1. The Photometric Study on page PH-1 indicates that illumination levels within both parking levels will fall far short of the necessary 5 Foot Candles (fc) of illumination. 2. It also indicates that Foot Candle (fc) levels on the East side of the building, the garage's only access route, have been omitted. This is an area of concern because the configuration turns the alley into a defacto part of the garage. 3. Covered parking structures require ten (10) foot candles(fc) during the day time and 4-5 fc during nighttime conditions. Modify plans to reflect compliance. 4. Exterior entrances in multifamily buildings require five (5) foot candles (fc) of light with a recommended minimum radius of f i f t e e n f e e t ( 15) from the center of the door. Modify plans to reflect compliance. 5. Account for f o o t c a n d I e (f c) levels in interior common areas such as hallways, "sitting areas", and lobbies. 6. The alleyway/garage access also falls far short of required foot candle (fc) levels. 7. Increase foot candles (fc) for adjacent areas along SE 1St St. and SE 1St Ave. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 These items shall be added as conditions of site plan approval. Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed as indicated below: 1. That written confirmation from the City Engineering Department confirms that the Preliminary Engineering Technical items identified in Appendix "C" are satisfied, prior to site plan certification. 2. That a dedication of five feet (5) of right-of-way for SE 1 St Avenue is processed with the associated legal review fee and approved by the City Commission, prior to building permit issuance. 3. That a dedication of 2.5' of right-of-way for SE 1St Street is processed with the associated legal review fee and approved by the City Commission, prior to building permit issuance. 4. That a dedication of two feet (2') of right-of-way for the adjacent alley is processed with the associated legal review fee and approved by the City Commission, prior to building permit issuance. 5. That a r.o.w. deed for the twenty foot (20) corner clip dedication shall be approved by the City Commission and recorded with Palm Beach County, prior to building permit issuance. 6. The Photometric Study on page PH-1 indicates that illumination levels within both parking levels will fall far short of the necessary 5 Foot Candles (fc) of illumination. 7. It also indicates that Foot Candle (fc) levels on the East side of the building, the garage's only access route, have been omitted. This is an area of concern because the configuration turns the alley into a defacto part of the garage. 8. Covered parking structures require ten (10) foot candles(fc) during the day time and 4-5 fc during nighttime conditions. Modify plans to reflect compliance. 9. Exterior entrances in multifamily buildings require five (5) foot candles (fc) of light with a recommended minimum radius of f i f t e e n f e e t ( 15') from the center of the door. Modify plans to reflect compliance. 10. Account for f o o t c a n d l e (fc) levels in interior common areas such as hallways, "sitting areas", and lobbies. 11. The alleyway/garage access also falls far short of required foot candle (fc) levels. 12. Increase foot candles (fc) for adjacent areas along SE 1St St. and SE 1St Ave. Engineering Plan Technical Items: While revised plans have accommodated most of staff's concerns, items described in Appendix "C" remain outstanding and will need to be addressed prior to building permit issuance. i Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 LANDSCAPE PLAN ANALYSIS A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. A variety of trees, plants and groundcover materials are employed to enhance the development. Along the SE 1St Avenue frontage, Double Montgomery Palm, Podocarpus Column and Foxtail Asparagus are among a variety of species which will be installed to provide a buffer to the adjacent right-of-way. Along SE 1St Street, Bridal Bouquet, Ground Orchid and Double Alexander Palm are some of the plant species which will provide aesthetic appeal. To the north, adjacent to Worthing Place, Variegated Trinette, Lady Palm and Podocarpus Hedge are among the new plant materials being installed. To the west, along the alley, Blueberry Flax Lily, Green Island and Jatropha Standard are among the new plant materials being installed. The City Senior Landscape Planner has reviewed the landscape plan submitted by the applicant. He has noted that following technical comments remain outstanding: 1. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Additional foundation trees are required along SE 1St Avenue and SE 1St Street. This may necessitate the redesign of the proposed balconies to allow for canopy growth. 2. The large planting bed along SE 1St Avenue would look more appealing if a larger colorful hedge is used as a backdrop along the building with the Green Island Ficus in front. I feel as if there are a lot of Green Island Ficus in this bed. Possible alternatives could be any variety of Croton, Copper Leaf and Hibiscus. Specify seven-gallon (7 Gallon) material so that it can make an immediate impact. Based on the above analysis, the Landscape Plan will comply with LDR Section 4.6.16, once the aforementioned technical items are addressed. These are attached as conditions of approval 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: 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. With respect to the north elevation, the City Building Dept. has advised staff that the percentage of glass block exceeds the maximum allowance per the Florida Building Code. Thus, the glass Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Offices- Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 block areas will have to be subdivided into smaller areas on the north elevation. This is attached as a condition of approval. The proposed office building will offer a vibrant and distinguished presence to the neighborhood. The proposed architectural design is in good taste and will be architecturally harmonious with the surrounding buildings. Based upon the above, positive findings can be made with respect to LDR Section 4.6.18(E), subject to the condition of approval being addressed. REQUIRED FINDINGS Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent with one another. Pursuant to LDR Section 4.4.13(8)(2), professional offices are a permitted use. Thus positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(6) -Concurrency: 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, solid waste, and schools. LDR 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. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the "Site Plan Analysis" section of this report, a positive finding of compliance with the LDR can be made with the approval of the supported waivers and addressing outstanding items attached as conditions of approval. Comprehensive Plan Policies: While the City Commission made positive findings with respect to the following Objectives and Policies of the Comprehensive Plan, the following analysis is provided: 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. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 13 with the surrounding commercial developments and provide economic stability for the downtown area. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal has accommodated a bicycle storage facility in the ground level parking garage to accommodate ten (10) bicycles, bicycle racks and on-site showering facilities. Based upon the above, the development will comply with Transportation Element Policy D-2.2. LDR Section 2.4.5(F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoni n : Use: North Central Business District (CBD) Worthing Place Mixed-Use Development South Central Business District (CBD) Boueri Mixed-Use Building East Central Business District (CBD) Beluga Restaurant &Wine Bar West Old School Square Historic Arts District Single-Family Dwelling (OSSHAD) The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE 1st Avenue, are located within the OSSHAD (Old School Square Historic Arts District). Specifically, across the alley, to the east, is the Beluga Restaurant & Wine Bar. To the west of the site, across SE 1st Avenue, is a historic single family dwelling. To the north of the Sofa District Offices site, is the Worthing Place Mixed-Use Development. To the South of the Sofa District Offices site, across the SE 1st Street right-of-way is the Boueri mixed-use building. Thus, the proposed mixed-used retail/office building will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The addition of Class "A" office space should improve the stability of the CBD downtown economic base. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown employer base, the additional employment and shopping opportunities will also help the local economy. The development proposal will significantly enhance the aesthetics of the subject property unifying the parcels under a single development. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(F)(5). REVIEW BY OTHERS Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Sofa District Offices and Lofts Conditional Use and the associated Class V Site Plans request at their meeting of January 9, 2014. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 14 Downtown Development Authority: The Downtown Development Authority (DDA) recommended approval of the Class V Site Plan for Sofa District Offices at its meeting of May 12, 2014, subject to the condition that all CPTED lighting concerns are remedied. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Osceola Park ❑ Delray Citizen's Coalition ❑ Chamber of Commerce Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property in association with the Sofa District Offices and Lofts conditional use request for increased density (67.6 units per acre allowed). No adverse comments were received. Future letters of support or objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION The proposed Class V Site Plan consists of construction of a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1 st Street with associated on-site landscaping and adjacent right-of-way upgrades. The provision of Class "A" office space and additional retail shopping opportunities South of Atlantic within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties. There are three (3) waivers associated with the proposed Sofa District Offices mixed-use development. All three (3) of these waivers are deemed supportable based upon staff analysis and circumstances specific to the Sofa District Offices site. CPTED comments are outstanding and are attached as conditions of approval. These standards will be met with the provision of a photometric plan in compliance with LDR Section 4.6.8. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the waiver requests, Class V site plan, landscape plan and architectural elevations for Sofa District Offices, 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 criteria set forth in Sections 2.4.5(F), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations, subject to conditions. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 15 C. Move denial of the waiver requests, Class V site plan, landscape plan and architectural elevations for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Minimum Transparency Area Waiver: Make a recommendation to the City Commission to approve the waiver request to LDR Section 4.6.18(B)(14)(iv)(2), whereas the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation and the proposed transparent or glass surface area provided on the ground level is 38.9% along SE 1st Ave and 55.9% along SE 1st street, 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(B)(5). Minimum Sight Visibility Triangle Waiver: Make a recommendation to the City Commission to approve the waiver request to LDR Section 4.6.14(B)(1), whereas the minimum sight visibility triangle at the intersection of a driveway and adjacent right-of-way is 10' x 10', the applicant proposes an 8' x 10' sight visibility triangle where the twenty-four foot (24') wide two-way driveway into the parking garage intersects the alley along the east (rear) property line, 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(B)(5). Maximum Upper Level Floor Area Waiver.- Make a recommendation to the City Commission to approve the waiver request LDR Section 4.4.13(F)(4)(c)(2), to increase the upper level floor area from a 70% maximum of the allowable ground floor are to 92.87% of the allowable ground floor area on the floor levels from 25' to 48' in 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(B)(5). Class V Site Plan: Move approval of the Class V site plan for Sofa District Offices, 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 criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That written confirmation from the City Engineering Department confirms that the Preliminary Engineering Technical items identified in Appendix "C" are satisfied, prior to site plan certification. i Site Plan Review and Appearance Board Staff Report of May 28,2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 16 2. That a dedication of five feet (5) of right-of-way for SE 1St Avenue is processed with the associated legal review fee and approved by the City Commission, prior to building permit issuance. 3. That a dedication of 2.5' of right-of-way for SE 1St Street is processed with the associated legal review fee and approved by the City Commission, prior to building permit issuance. 4. That a dedication of two feet (2') of right-of-way for the adjacent alley is processed with the associated legal review fee and approved by the City Commission, prior to building permit issuance. 5. That a r.o.w. deed for the twenty foot (20) corner clip dedication shall be approved by the City Commission and recorded with Palm Beach County, prior to building permit issuance. 6. The Photometric Study on page PH-1 indicates that illumination levels within both parking levels will fall far short of the necessary 5 Foot Candles (fc) of illumination. 7. It also indicates that Foot Candle (fc) levels on the East side of the building, the garage's only access route, have been omitted. This is an area of concern because the configuration turns the alley into a defacto part of the garage. 8. Covered parking structures require ten (10) foot candles(fc) during the day time and 4- 5 fc during nighttime conditions. Modify plans to reflect compliance. 9. Exterior entrances in multifamily buildings require five (5) foot candles (fc) of light with a recommended minimum radius of f i f t e e n f e e t ( 15) from the center of the door. Modify plans to reflect compliance. 10. Account for f o o t c a n d l e (fc) levels in interior common areas such as hallways, "sitting areas", and lobbies. 11. The alleyway/garage access also falls far short of required foot candle (fc) levels. 12. Increase foot candles (fc) for adjacent areas along SE 1St St. and SE 1St Ave. Landscape Plan: Move approval of the landscape plan for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Additional foundation trees are required along SE 1St Avenue and SE 1St Street. This may necessitate the redesign of the proposed balconies to allow for canopy growth. 2. The large planting bed along SE 1St Avenue would look more appealing if a larger colorful hedge is used as a backdrop along the building with the Green Island Ficus in front. I feel as if there are a lot of Green Island Ficus in this bed. Possible alternatives could be any variety Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 17 of Croton, Copper Leaf and Hibiscus. Specify seven-gallon (7 Gallon) material so that it can make an immediate impact. Architectural Elevations: Move approval of the architectural elevations for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition: 1. The City Building Dept. has advised staff that the percentage (%) of glass block exceeds the maximum allowance per the Florida Building Code. Thus, the glass block areas will have to be subdivided into smaller areas on the north elevation. Attachments: Location Map Waiver Justification Letters Site Plan Landscape Plan Architectural Elevations Appendix A" Appendix`B" Appendix"C Staff Report Prepared By: Candi N.Jefferson,Senior Planner Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 18 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(8), 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 service is proposed via a service lateral connection to the existing eight inch (8") water main located within the SE 1St Avenue right-of-way. Sewer service is proposed via a service lateral connection to the existing eight inch (8") sanitary sewer main located within the adjacent alley to the east. 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. Based upon the above, positive findings can be made with respect to these levels of service standards, subject to the outlined conditions. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC and OSSHAD. The TCEA exempts the above- described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been provided which indicates that the proposed mixed-use development will generate 379 net new vehicle trips per day. Specifically, it will generate 40 AM net new peak hour trips and 50 PM net new peak hour trips. Palm Beach County has provided a traffic concurrency determination indicating that it meets the required standards. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, the proposed 31,406 sq. ft. mixed-use office/commercial building generates 84.79 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Drainage: Preliminary drainage plans indicate that drainage will be accommodated via exfiltration trench. There are no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. Schools: The Palm Beach County School Board concurrency is not required for non-residential uses. Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 19 APPENDIX "B97 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 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 Site Plan Review and Appearance Board Staff Report of February 22, 2012 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 20 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent Site Plan Review and Appearance Board Staff Report of May 28, 2014 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 21 APPENDIX "C" PRELIMINARY ENGINEERING TECHNICAL COMMENTS Engineering Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: 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 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 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. 3. Provide existing elevations on existing roadway including edge of pavement and center line. 4. Revise orientation of north arrow on civil plans for Loft. 5. Please coordinate location of all existing and proposed easements on Plat, Site, Civil, Landscape and Composite Utility Plans. Existing and proposed easement locations and labeling needs to be consistent on all plans. 6. Indicate right-of-way dedications on all plans, including civil plans in accordance with LDR Section 5.3.1. Confirm right-of-way dedication for 1st Street and indicate on all plans. 7. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) (6). 8. If project phasing is proposed, such phases need to be clearly shown on the plans and a narrative describing the phasing program provided per LDR Section 2.4.3 (B) (22). Please indicate phasing plan on Engineering Plans and clearly indicate how this would affect proposed improvements and specifically water and sewer improvements. 9. Submit South Florida Water Management District (SFWMD) permit or permit modification in accordance with LDR Section 2.4.6(J). If project qualifies for an "electronic self-certification" with SFWMD, provide letter from Engineer of Record stating reason. In addition, letter must also state all requirements under Florida Statues Section 403.814(12) have been meet. 10. Provide certification letter in accordance with LDR Section 7.1.3 (B) (2) for all buildings not meeting finish floor elevation requirements. The finished floor elevation is required to be a minimum of 18-inches above average crown / centerline of adjacent roads. Letter must state drainage conditions have been investigated and the proposed finished floor elevation is above the 100-year flooding level. 11. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water ug ality and ug antity 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. Site Plan Review and Appearance Board Staff Report of February 22, 2012 Sofa District Offices-Class V Site Plan, Landscape Plan and Architectural Elevations Page 22 12. Remove drainage connection into the City's system on S.E. 1St Avenue for the Lofts. Drainage connections from a private system into the City's are not allowed. 13. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main; submit to my attention at the Engineering Division. 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. 14. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 15. The Composite Utility Plan (or Composite Overlay Plan) needs to include all existing and proposed overhead and underground utilities; all existing and proposed light poles; all existing and proposed easements; all existing and proposed improvements to hardscape and landscape. The Composite Utility Plan is also used to ensure physical features and existing or proposed utilities do not conflict with each other. 16. Indicate a City approved bus shelter and mass transit easement (as applicable) will be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5 and LDR Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new residential project that has 25 or more units; 2) a nonresidential project that is greater than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed Palm Tran bus stop. A bus shelter is required to be installed on S.E. 1St Street in the west bound direction as S.E. 1s' Street will be changed to two-way this year. 17. Please indicate on plans a City approved bus shelter will be installed in accordance with Palm Tran and ADA requirements (e.g. 5' x 8' landing area, 30' from intersection, direct access to site, etc.). In accordance with LDR Section 6.1.14, bus shelter needs to include a pad, an ADA- compliant boarding and alighting area, and an ADA-compliant structure which includes a mounted trash receptacle, bike rack, bench and sufficient illumination. 18. 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. 19. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 20. Additional comments may follow after review of revised plan. Richard ar Jones ARCHITECTURE RIVER ANALYSIS— Office Site Pursuant to LDR Section 2.4.7(6)(5)—Waivers, Findings: Prior to granting a Waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting the following five (2)waivers: ULDC CODE REQUIRED PROPOSED VARIANCE SECTION Waiver 1 Section Transparency 75% 57.87% 17.13 Waiver 2 Section 10'x 10' Sight Triangle 8'x10' 2' difference This applicant has provided the following justification with regard to theses Waiver requests: Waiver 1: Requesting waiver to the required 75% of ground floor transparency or glass along SE 1St Ave. Currently we are providing 38.9% along SE 1St Ave and 55.9% along SE 1St street. There is a large portion of floor the ceiling glass located at the retail. Waiver2: We needed to reduce the sight triangle since there is an existing transformer that serves Worthing Place that has to remain. Respectfully, Richard Jones Architecture Inc. Richard Jones, AIA NCARB Principal 1. SOFA District Offices and Lofts Page 2 Conditional Use Justification Statement April 10,2014 Richard s ARCHITECTURE AA26001617 1 IB26001056 10 SE 1st AVE DELRAY BEACH,FL 33444 15612749186 1 www.rjarchitecture_com JUSTIFICATION SofA DISTRICT OFFICES DEVELOPMENT STA- DA `DS-SECTION 4.4,13 0 In designing the site, the Applicant has taken into account Section 4.4.13(F)-Development Standards as set forth in the City's LDRs. With the exception of the Waivers requested as part of this application, the project complies with these LDRs. Pursuant to LDR Section 2.4.7(8)(5)—Waivers, Findings: Prior to granting a Waiver, the approving body shall snake 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; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting the following additional waiver: ULDC CODE REQUIRED PROPOSED VARIANCE SECTION Waiver 1 Section Floor Area of third 9,565 Sq.Ft. 2,356 Sq.Ft 4.4.13 (F)(4)(b)(2) Floor not to exceed 92.8% 70% of Ground Floor allowable footprint 7,209 SQ FT This applicant has provided the,following justification with regard to theses Waiver request: Waiver 1. Requesting waiver from Section 4.4.1 3 (F)(4)(b)(2)for the floor area for each floor contained within the portion of the structure that is twenty-five feet (26)to forty-eight feet (48') in the height shall not exceed seventy percent (70%) of the floor area contained within the allowable ground level footprint. The 3rd floor sq.ft. 9,565 includes exterior area not enclosed. The floor area enclosed is actually 8,327sq.ft. so the percentage is actually 80.8%. We feel this particular corner site we meet all city setback requirements to reduce mass of the building and the extra sq. footage on the 3rd floor only is situated along the zero lot line (North Property Line) to Worthing Place 5 story building which is 6' away. Thus this extra,sq.ft. will be indistinguishable from the street. Respectfully, Richard Jones Architecture Inc. 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These waiver requests associated with SOFA District Offices came before the City Commission on July 15, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for SOFA District Offices. 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 — Minimum Ground Level Glass Transparency: Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. The applicant is asking for a waiver to allow the site data chart the percent of transparent or glass surface area provided on the ground level to be 38.9% along SE 1st Ave and 55.9% along SE 1 st Street. Should the waiver to LDR Section 4.6.18(B)(14)(iv)(2) be granted? Yes No B. Waiver #2 — Upper Level Floor Area: Pursuant to LDR Section 4.4.13(F)(4)(c)(2), the floor area for each floor contained within the portion of the structure that is 25' to 48' in height shall not exceed (seventy percent) 70% of the floor area contained within the allowable ground level footprint. The applicant is requesting a waiver to allow the floor area on the ground floor to be 80.8% for this structure. Should the waiver to LDR Section 4.4.13(F)(4)(c)(2) be granted? Yes No C. Waiver #3 — Sight Visibility Triangle: Pursuant to LDR Section 4.6.14(B)(1), the minimum sight visibility triangle at the intersection of a driveway and adjacent right-of-way is 10' x 10'. The applicant is requesting a waiver to allow an 8' x 10' sight visibility triangle where the twenty-four foot (24') wide two-way driveway into the parking garage intersects the alley along the east (rear) property line. Should the waiver to LDR Section 4.6.14(8)(1) be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDRs. 2 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of July, 2014, by a vote of in favor and opposed. Cary D. Glickstein, Mayor ATTEST: Chevelle Nubin, City Clerk 3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 7, 2014 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF JULY 15,2014 REQUEST A SIDEWALK DEFERRAL/SOUTHGATE MOTEL BACKGROUND The subject property consists of 0.67 acres and contains an existing 3,937 sq. ft., one-story 10—room motel with associated parking and landscaping. The applicant proposes to demolish the existing site and construct an 11,795 sq. ft. two-story 29-room motel with associated parking, landscaping, swimming pool with bathroom facilities and outdoor grill area. At its meeting of February 13, 2014, the DSMG (Development Services Management Group) did not support the sidewalk deferral and recommended immediate construction of a minimum 5' sidewalk along the property frontage adjacent to Old Dixie Highway. Sidewalk Deferral: Pursuant to LDR Section 6.1.3(B)(1), construction of a minimum 5' sidewalk is required along the east side of Old Dixie Highway. The owner wishes to defer immediate construction of a five foot (5') sidewalk along the west property line after dedication along Old Dixie Highway. No other sidewalks exist along this portion of Old Dixie Highway. However, recently Goodwill properties, which abuts Southgate Motel to the north, was required to construct a new sidewalk along Old Dixie Highway in association with a Class III Site Plan modification approved by the Site Plan Review and Appearance Board on December 18, 2013. Similarly, other new developments situated between South Federal Highway and Old Dixie Highway have been required to construct a minimum 5' sidewalk along the property frontage adjacent to Old Dixie Highway at the time of building permit issuance. Thus, no deferrals have been supported. If the sidewalk deferral is supported by the City Commission, pursuant to the attached agreement, the owner will construct the sidewalk along the west property line adjacent to Old Dixie Highway at its sole cost and expense at a later date, after being requested to do so by the City. DISCUSSION Accept the sidewalk deferral for Southgate Motel located at 1600 North Federal Highway. RECOMMENDATION Advisory/Approving Board Recommendation: On March 26, 2014 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan associated with the request. As a condition of site plan approval, a sidewalk deferral along the east side of Old Dixie Highway was requested. Staff Recommendation: The Planning & Zoning Department recommends rejection of the requested sidewalk deferral for Southgate Motel located at 1600 North Federal Highway. Prepared By: RETURN TO: 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 OF DELRAY BEACH(hereinafter the City) and Onu Hoque (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along _Dixie Highway 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_City_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 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: 1600 North Federal Highway, Delray Beach,Florida, 33483 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Dixie Highway 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 120 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Print Name: ,Mayor Approved as to form and sufficiency: City Attorney WITNESSES:'- OWNER(S): �y By: (Please type or print name) (Please type or print name) cd"YJ (Please type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this r l'k day of GZc , 20A- by 1A LCQ� (name of person acknowledging Sign�gtfure o otary Public- KtAe of Florida Print, Type, or Stamp Commissioned Name of Notary Public +.ri'• J.WHITLEY Personally Known OR Produced Identification -�� .� Commission#EE 032097 Expires November 20,2014 Type of Identification Produced: 1'1�ZRIP-11, Bonded Thru Troy Fain Insurance 800.385-7019 2 A O A a r r ` - .. . T r r .'e"L JW f r N SOUTHGATE MOTEL PLANNING AND ZONING DEPARTMENT AERIAL MAP -- 02TAL B4.W A94P SWEM -- UAAum=\Candi\Sm"at• MateUlsrial r MEMORANDUM r TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 11, 2014 SUBJECT: AGENDA ITEM 9.G.-REGULAR COMMISSION MEETING OF JULY 15,2014 COUNTER-PROPOSAL FOR SETTLEMENT REGARDING LOUIE CHAPMAN,JR. BACKGROUND At the July 1, 2014 City Commission meeting, the City Commission considered the settlement offer of Mr. Chapman regarding his alleged employment claims against the City of Delray Beach arising from his position as City Manager. The Board rejected his settlement proposal and approved making a counter-offer to Mr. Chapman with additional terms. More specifically, the City Commission directed that the settlement agreement be modified to include; (i) replacing the term "revoke" with "termination", (ii) amending the non-instigation clause by adding a requirement for the City to "act in good faith" before instigating any future investigations, and (iii) to include a new section that provides, should Mr. Chapman be convicted of a crime in connection with his City employment, all of his rights pursuant to the settlement agreement and his right to future payments shall be terminated. In addition to the revisions listed above, upon my review of the current settlement agreement, I requested that additional provisions contained in the draft settlement agreement also be deleted. Specifically, provisions for the City to indemnify the Manager for prior acts while serving as City Manager and City Payment of liquidated damages for each violation of the non-disparagement clause. Mr. Chapman agreed to delete these provisions. Finally, the amounts of the accrued vacation balance and Mr. Chapman's share of the pension contributions were updated by Human Resources and this office. Other than as noted above,the settlement agreement is identical to the terms previously presented to the City Commission on July 1, 2014. DISCUSSION The item before the Commission is a settlement counter-offer by the City to settle Mr. Chapman's alleged employment claims. TIMING OF THE REQUEST This proposal is time-sensitive. RECOMMENDATION The City Attorney's Office recommends approval of the proposal for settlement consistent with the direction of the City Commission on July 1, 2014. SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (hereinafter "Release") is entered into by and between LOUIE CHAPMAN, JR. (hereinafter "Employee") and the CITY OF DELRAY BEACH (hereinafter "Employer") on this day of July, 2014. In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1 . Employee will resign his employment effective July 15, 2014. Employer will terminate the suspension of Employee and will substitute a written reprimand in substantially the form attached hereto as Exhibit "A", in Employee's personnel file. 2. Employer will pay Employee severance in the amount of Sixty-One Thousand Five Hundred Forty-Four Dollars and 00/100 Cents ($61 ,544.00), less appropriate payroll deductions. Said amount shall be paid in installments pursuant to the Employer's normal payroll cycle, following Employee's last day of employment. The parties agree and acknowledge that Employee would not be entitled to this sum but for this Release. In addition, Employer will pay Employee Seven Thousand Six Hundred Ninety-Three Dollars and 00/100 Cents ($7,693.00) less appropriate payroll deductions, representing one hundred (100) hours of accrued vacation time. Employer will pay Employee Three Thousand Six Hundred Eighty Dollars and 37/100 Cents ($3,680.37) of reimbursed contributions made by Mr. Chapman to the City's General Employee Pension Plan. Said vacation and pension pay shall be made in one lump sum within five (5) business days following expiration of the revocation period in paragraph 12. 3. a. Employee hereby unconditionally and irrevocably releases and forever discharges Employer and all of its present and past Council Members, officials, officers, employees, agents, principals, relatives, representatives and attorneys of and from any and all claims and demands whatsoever, known or unknown, at law and in equity, in contract or in tort, and any statutory claim for relief of any nature, and agrees not to sue and not to assert against them any such claims or demands or any other causes of action in any court or before any agency or commission of a local, state and federal government, arising, alleged to have arisen, which may have been alleged to have arisen, or which may arise under any law whatsoever, and whether such claims are pursued in a personal or individual capacity, or in a representative or relator capacity, including but not limited to any federal, state or municipal anti-discrimination, anti-harassment or anti-retaliation laws, and "whistleblower" laws such as the Fair Labor Standards Act, the Equal Pay Act, the False Claims Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act, as amended, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Palm Beach County Equal Employment Ordinance, the Florida Civil Rights Act of 1992, Section 440.205, Florida Statutes, the National Labor Relations Act, OSHA, the Florida Whistleblower Act, the Bank Secrecy Act, Sarbanes-Oxley, and the Patriot Act, that the Employee on behalf of himself and on behalf of persons similarly situated, ever had, now has, or which his heirs, executors, administrators, attorneys, or assigns, or any of them, hereafter can, shall or may have, for or by reason of any cause whatsoever, based on any set of facts known or unknown, occurring prior to, and including, the date of the execution of this Agreement. b. Employer unconditionally and irrevocably hereby releases Employee from any and all claims, liabilities and causes of action of any kind or nature, whether known or unknown, which Employer now holds which arise out of, or are in any way connected with Employee when he was acting in the scope of his employment with Employer. 4. Employee agrees not to apply for employment with Employer in the future as an employee, temporary employee, independent contractor, or consultant. Employee waives and releases any right to be considered for such employment. Employee further agrees that in the event he applies for employment with Employer and is rejected for such employment, he will not file a charge or complaint with any agency and/or court based on, or alleging facts related to, events occurring prior to, and including, the date of the execution of this Release. The parties agree and further acknowledge that Employee is not waiving claims or rights arising after the final day of employment pursuant to this Release but that Employee has contractually agreed not to apply for employment with Employer in the future and this Release shall constitute a bar of any claim that Employee may have should Employee apply for employment with Employer in the future and not be hired. 5. From the effective date of this Agreement forward, Employee and Employer agree that each will engage in no conduct which is either intended to, or could reasonably be expected to, adversely affect Employee and Employer. Employee and Employer further agree that each will not take any action, legal or otherwise, directly or indirectly, which might disparage, defame, or criticize Employee and Employer. Employer agrees to act in good faith not to instigate any local state or federal investigations into Employee's conduct while Employee worked for Employer from the effective date of this Agreement forward. For the purposes of this section, Employer is defined to mean the Mayor, City Commissioners, and City Manager. 6. Employee agrees to direct prospective employers seeking an employment reference on Employee to the City of Delray Beach's Human Resources Director. Employer agrees that upon inquiry from a prospective employer for an employment reference, the Human Resources Director will provide the prospective employer with Employee's dates of employment and position held and that Employee's reason for leaving is resignation only. However, nothing herein shall prohibit Employer from responding to a lawful public records request. 2 7. Employee and Employer agree that the non-disclosure and non- disparagement provisions in Section 5 and 6 are material elements of this Agreement and are part of the consideration for Employee and Employer entering into this Agreement. No action of Employee and Employer shall be taken as a waiver of its right to insist that Employee and Employer abide by their terms. Employee and Employer further agree that in the event either violates the non-disclosure or non- disparagement provisions of Section 5 and 6, Employee and Employer shall be entitled to such relief as may be provided by law and equity and to such other remedies as may be provided in Section 14. 8. Should Employee be convicted of the commission of a crime that occurred during the course and scope of his employment, subject to any appeals therefrom, Employee's rights under this Agreement shall be terminated and any outstanding severance payments shall cease, except that until the foregoing legal proceedings, if any, are concluded, Section 5 of the Agreement, excluding the sentence in Section 5 to act in good faith not to instigate any investigations, and any legal remedies for violations of Section 5 as described in Section 7, will not be in effect and/or enforced by either party. 9. Employee agrees and acknowledges that he has returned all Employer's property in Employee's possession, custody or control to Employer as of the date this Release is executed or will return such property within three (3) days of the execution of this Release. Employer agrees and acknowledges that all of Employee's property within Employer's possession, custody, or control has been returned as of the date of this Release is executed or will return such property within three (3) days of execution of this Release. 10. Employee agrees and acknowledges that other than as expressed in paragraph 2, no additional compensation is owed to Employee from Employer for hours worked, pursuant to his employment agreement, or otherwise. 11. The parties understand that this Release is made to compromise any employment dispute or potential claim and to avoid expenses related to any employment dispute or potential claim. Employer and Employee deny any and all liability to Employer or Employee and nothing in this Release shall be construed as an admission of wrongdoing by Employer or Employee concerning Employee's employment, separation, or otherwise. 12. This Release constitutes the complete understanding between the parties. Employee especially acknowledges and declares that no other contract, promise, or inducement has been made. 3 13. Employee states and acknowledges that he has entered into this Release voluntarily and on his own free will; that he has understood fully all the terms of the Release; that Employee has had sufficient and reasonable time to review the Release and consult with anyone of his choosing; and that he received the initial draft of the Release on June 24, 2014. 14. Any breach of any term, provision, or obligation of this Release by any party, shall entitle the other to seek enforcement of such term, provision or obligation in a court of law of competent jurisdiction, and shall entitle the prevailing party to an award of the reasonable attorney's fees and costs incurred in such proceeding. The Parties agree this Release will be interpreted under the laws of the State of Florida and the United States and venue shall lie in Palm Beach County, Florida. 15. Should any provision of this Release be declared or be determined by any court of competent jurisdiction to be illegal, invalid, unethical or unenforceable, the legality, validity and enforceability of the remaining parts, terms or provisions shall not be affected thereby, and said illegal, invalid, unethical or unenforceable term, or provision shall be deemed not to be part of this Release. 16. Employee specifically acknowledges that: a. he has been given at least twenty-one (21) full days within which to consider the Release; b. he is advised that he has the right and may consult with an attorney prior to executing the Release and acknowledges the opportunity to consult an attorney; C. he has seven (7) days following the execution of this Release to revoke the Release and the Release will not become effective or enforceable until after this seven (7) day period has expired. To revoke the Release the Employee must advise the Employer in writing of the election to revoke it within the seven (7) day period; such written notice must be addressed and delivered to: City Attorney, 200 N.W. 1 st Avenue, Delray Beach, FL 33444 d. he is specifically releasing, among other claims, any claims under the Age Discrimination in Employment Act of 1967 and all amendments thereto and Title VII of the Civil Rights Act and all amendments thereto; and e. he is not waiving rights or claims that may arise after the date of the Release is executed. 4 In testimony whereof, the parties hereto set their hands and seals the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to Form: Date: City Attorney Employee: By: Louie Chapman, Jr. Date: 5 EXHIBIT "A" [TO BE TYPED ON CITY LETTERHEAD] The Office of the Inspector General of Palm Beach County investigated certain conduct of Mr. Chapman and issued a report and findings in Investigative Report, Case Number 2014-0005. The report recommended that the City of Delray Beach take "corrective personnel action deemed appropriate." Mr. Chapman's ninety (90) day suspension is terminated and a reprimand is given to him as a result of the investigation. This reprimand will be placed in his personnel file. 6 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 11, 2014 SUBJECT: AGENDA ITEM 9.H-REGULAR COMMISSION MEETING OF JULY 15,2014 REVIEW OF EXECUTIVE PLACEMENT FIRMS TO CONDUCT A CITY MANAGER SEARCH FOR THE CITY OF DELRAY BEACH BACKGROUND At its meeting of July 1, 2014, the City Commission directed the City Attorney's office to obtain information and identify executive placement firms with relevant Florida experience to assist the City of Delray Beach in its search for a new City Manager. This office researched potential firms with extensive experience in executive placement for Florida local governments, and asked them to submit a written quotation describing their services, the cost, the estimated time it would take to perform the search, and examples of some of their placements in South Florida. The following is a summary of the written quotations we received as of Friday, July 11, 2014 (also attached as back-up is the detailed firm submittals): 1. Colin Baenziger& Associates Colin Baenziger & Associates is a nationally recognized municipal recruiting firm that specializes in Florida. Its fee to conduct a City Manager search is a fixed fee of $23,000.00. This includes all expenses and costs. The average time it takes the firm to conduct a City Manager search is 88 days. It has performed searches for City Managers for Hallandale Beach, Miami Gardens, and Palm Beach Gardens. 2. The Mercer Group, Inc. The Mercer Group, Inc. has been in operation for over twenty-four years. Its corporate office is located in Atlanta and it has offices in thirteen (13) states, including Florida. The fee to conduct a City Manager search is a fixed fee of$14,750.00, inclusive of all expenses. The average period of time it takes to conduct a City Manager search is 90 days. The Mercer Group has performed searches for City Managers for Pompano Beach, Sarasota, and Naples. 3. Slavin Management Consultants Slavin Management Consultants was established in 1998 in Georgia. The fee to conduct a City Manager search is not expected to exceed $22,769.50 in total. The average period of time it takes to conduct a City Manager search is 90 days. It has performed searches for City Managers for Pompano Beach, Palm Beach Gardens and Boca Raton. 4. S. Renee Narloch & Associates (formerly Bob Murphy and Associates) S. Renee Narloch has extensive experience conducting public sector executive recruitments nationwide with over 25 years of experience and 400 searches for clients. The fee to conduct a City Manager search is $16,500, plus expenses not to exceed $7,500. The average period of time it takes her to conduct a City Manager search is approximately four months. Ms. Narloch has performed searches for City Managers for Fort Lauderdale and the City of Miami Beach and Town Managers for the Town of Palm Beach and Jupiter. DISCUSSION This item is before you in order for you to select an Executive Search Company to assist the City with a search for a City Manager for the City of Delray Beach. TIMING OF THE REQUEST This item is time sensitive. RECOMMENDATION City Attorney's office recommends City Commission discretion. COLIN BAENZIGER OASSOCiATF.S EXECUTIVE RECRUITING PROPOSAL TO PROVIDE EXECUTIVE SEARCH FIRM SERVICES TO FIND DELRAY BEACH'S NEXT CITY MANAGER Volume I: Proposal Colin Baenziger & Associates Project Manager and Contact Person: Colin Baenziger(561)707-3537 Colin Baenziger&Associates 2055 South Atlantic Avenue• Suite 504 Daytona Beach Shores,FL 32118 e-mail: Colin(a-,cb-asso.com Fax: (888) 635-2430 ...Serving Our Clients with a Personal Touch- PROPOSAL TO FIND THE DELRAY BEACH'S NEXT CITY MANAGER TABLE OF CONTENTS VOLUMEI [SECTION PAGE LETTER OF TRANSMITTAL I. INTRODUCTION, QUALIFICATIONS AND EXPERIENCE 3 The Firm Our Services Technical Capabilities and Organizational Structure Completion of Projects within Budget i Completion of Projects on Schedule Diversity Prior Names and Litigation Insurance 11. TECHNICAL APPROACH 7 Search Methodology The County's Obligations Typical Project Schedule III IREFERENCES 17 PROPOSED PROJECT STAFF 22 Project Team and involvement Resumes of Key Staff 28 V. FEE AND WARRANTY VOLUME H APPENDIX A: ALL GOVERNMENTAL SEARCH ASSIGNMENTS APPENDIX B: SAMPLE RECRUITMENT BROCHURE ' APPENDIX C: SAMPLE CANDIDATE REPORT APPENDIX D: RESOLUTION OF ST. JOHNS COUNTY COLIN BAENZIGER ASSOCIATES EXECUTIVE RECRUITINIG July 11, 2014 The Honorable Mayor Cary Glickstein, Vice-Mayor Shelly Petrolia, Deputy Vice-Mayor Jordana L. Jarjura and Commissioners Adam Frankel and Al Jacquet ATTN: Cathy Inglese, Legal Secretary City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL Dear Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice-Mayor Jarjura and Commissioners Frankel and Jacquet: Colin Baenziger &Associates (CB&A) appreciates the opportunity to submit a proposal to assist in finding your next City Manager. While selecting key personnel is never easy, CB&A has developed a problem-free process that has been tested nationwide and found to be extremely effective. While CB&A is a nationally recognized municipal recruiting firm, we specialize in Florida, however, and that is our home base. In fact, we have been selected to perform 89 of the last 126 recruitments where a Florida city or county has chosen to use a recruiter to find its City or County Manager/ Administrator. We pride ourselves on providing not just high-quality results, but, equally important, providing a great deal of personal attention to each of our local government clients. To conduct a proper recruitment, we feel the project manager must do more than just drop by occasionally. He/she must get to know the appropriate government officials and the community firsthand. That effort takes time, but it is the only way to ensure the candidates we recommend are well qualified and a good fit for your community. As a result, we only take a few clients at a time and focus on getting the job done properly. Further, we routinely complete our work in sixty to ninety days. This timeframe includes preparation of recruitment and advertising materials, candidate outreach, candidate screening, finalist interviewing, and manager selection. We also offer the best warranty in the industry. Not only do we offer unparalleled service at a reasonable price, we focus on finding just the right people for your organization. We say people, and not person, because our goal is to bring you five finalists who are so good that you will have a difficult time choosing among them. The proof CENTERVILLE,MD DAYTONA BEACH SHORES,FL RHINELANDER,WI RICHLAND,WA SALT LAKE CITY,UT COLIN $AENZIGER(414ASSOCI ATE S EXECUTIVE RECRUITING is in the fact that six of our local government clients have passed resolutions thanking us for our outstanding efforts in finding their key staff. We do not know how often you have passed a resolution thanking a consulting firm for its efforts, but we have rarely seen it happen. Our goal, in fact, would be for you to be our next client to pass such a resolution. Some of our local Florida searches include City Managers for Cocoa Beach, Cooper City, Destin, Fort Pierce, Hallandale Beach, Madeira Beach, Melbourne, Miami Gardens, Mount Dora, Palm Beach Gardens, Miramar, Sarasota and Sunrise. Some of our national searches include City Managers for Ankeny, IA; Bellevue, WA; Fayetteville, NC; Portland, ME; Scottsdale, AZ; Tacoma, WA; and Winchester, VA. Our current searches include, among others, City Managers for Coral Gables, FL, Oakland Park, FL, and Titusville, FL, as well as the County Administrators for James City County, VA, and Alachua County, FL. We look forward to hearing from you and hopefully working with you in the near future. If you have any questions,please feel free to contact me at (561) 707-3537. Sincerely, Colin Baenziger Principal/Owner ...Serving Our Clients i1,ith a Personal Touch... CENTERVILLE,MD DAYTONA BEACH SHORES,FL RHINELANDER,VV'I RICHLAND,WA SALT LAKE CITY,UT Section L Introduction, Oualifications and Experience of the Firm The Firm, Its Philosophy, & Its Experience Colin Baenziger & Associates (CB&A) is a nationally recognized executive recruiting firm established in 1997 and owned and operated by Colin Baenziger. We are a sole proprietorship headquartered in Volusia County, FL with offices in Centerville, MD; Rhinelander, WI; Richland, WA and Salt Lake City, UT. As a sole proprietorship, we are not registered with any states as a corporation, foreign or otherwise. Although our primary focus is executive search, we are often involved in operational reviews of governmental operations. Our consultants live in other areas of the country and converge wherever the client's needs exist. We develop an operational plan prior to arrival and our team of experts quickly studies the issues, identifies problems and opportunities, performs the necessary analysis, develops solutions, prepares reports and action plans, and completes the assignment. The client receives prompt,professional service, and its needs are effectively addressed. We are available for follow-up work; however, our goal is to provide the client with solutions that its existing staff can implement without additional outside assistance. Colin Baenziger & Associates' outstanding reputation is derived from our commitment to timeliness and quality: Our work is not done until you are satisfied. That means we go the extra mile and, at times, expend more effort and energy than originally anticipated in our fee or in our action plan. We do not ask the client for additional fees. Rather, we accept these situations as part of our cost of doing business. We believe that once a contract is signed we have an obligation to fulfill its requirements excellently and within the budgeted amount. Since beginning our search practice in 1998, we have conducted searches and other related work for clients in nineteen states. Overall our staff has performed over 120 City, County, and Special District Manager searches and approximately 200 local government searches. The basic approach we have presented herein is the approach we have used in each of our searches. It has been refined over the years to the point where it is problem-free. Our Services; Human Resources Operational Reviews Executive Search Performance Improvement Background Checks Contract Compliance Reviews Position Descriptions/Classification Studies Project Management Compensation Studies Performance Measurement Systems Personnel Policies/Procedures Reviews Standard Operating Procedures Manuals Employee Handbooks Staffing Assessments Additional Services Planning Preparing Grant Applications Strategic Planning Grant Monitoring Systems and Controls Operational Planning Start-up Assistance to New Cities Project Planning -3- Section L Introduction, Oualifications and Experience of the Firm Technical Capabilities and Organizational Structure Colin Baenziger & Associates has developed its business model over the past 16 years. The model has proven to be extremely effective in every state where we have applied it and for every type of position for which we have searched. In fact, we are often called when a government has a particularly difficult position to fill or where one of our competitors has failed. Overall, we utilize approximately eighteen people. Most staff members are independent contractors and are given assignments on a task order basis. Consequently we can pay well while having a great deal of flexibility without the overhead of many firms. In addition to Mr. Baenziger, other senior staff members are former City and/or County Managers or elected officials. As a result, we understand multiple perspectives and have been very successful in identifying the right candidates for our clients. CB&A's other staff are all competent researchers and writers and most have been with us for a long time. Colin Baenziger TaeLynn Johnson Owner&Principal Senior Editor Tom Andrews David Collier John Darrington Senior Vice President Senior Vice President Senior Vice President Kathyrn Knutson Rick Conner Mery Timberlake V P-O erations Vice President V.P./Financial Recruiting Internet Specialists(2) Senior Research Associates Administrative Assistants (8) (2) Completion of Projects within Budget Colin Baenziger & Associates is proud of its record of completing searches within budget. When we quote a price to the client, that price is what the client will pay, no matter how difficult the search is or what unforeseen circumstances may develop. We have never asked a search client for additional fees, even when we were entitled to do so. -4- Section L Introduction, Qualifications and fx perience of the Firm Completion of Projects on Schedule Colin Baenziger & Associates routinely completes its assignments in sixty to ninety days. Further, since CB&A began performing recruitments,it has never missed a project milestone. Diversity CB&A has extensive contacts with individuals and organizations representing women and minorities. We are thus able to identify and bring a diverse group of finalists to the County. The proof is that from the beginning of 2009 through the end of 2011, forty-three percent of the individuals whom we placed as City and County Managers were minorities and/or women. Prior Names and Litigation Colin Baenziger & Associates has always operated under its current name and has never been involved in any litigation, except to testify as an expert witness on behalf of one of the parties. Our performance has never been subject to a legal question nor have we or any of our clients been involved in any legal action as a result of our work. Insurance To protect our clients, Colin Baenziger & Associates maintains the following insurance coverage: (1) general liability insurance of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damages, (2) automobile liability insurance of $1 million per accident, and (3) professional liability insurance of $1 million per occurrence. As a small firm, predominantly utilizing independent contractors, we are not typically subject to the requirements for workers compensation and employer liability insurance. If required by the client, and if it is available to us,we will obtain these two policies prior to contract execution. -5- Some CB&A Clients -.rr { - i City of Coral Gables, FL City of Destin, FL City Manager City Manager MY. Union County,NC Loudoun County, VA County Manager Director—Economic Development Human Resources Officer -6- Section H. Technical Approach The following search methodology has been refined over the past fifteen years and now is virtually foolproof. We will modify it to integrate your ideas into the process. Our goal is to ensure you have the right people to interview as well as the information you need to make the right decision. Phase L Information Gathering and Needs Assessment Task One:Needs Assessment An important part of the recruiter's work is selling the community to the very best candidates (including those that are not actively looking for the next job) while also providing an accurate portrayal of the community and the opportunity. In order to do this, CB&A must first determine the needs of the client and the characteristics of the ideal candidate. Our approach is as follows: • Compile background information from the jurisdiction's website and other sources. • Interview the elected officials and other stakeholders. Our goal is to develop a strong sense of your community, its leadership, its short and long term expectations, and its challenges; • Determine the characteristics of the ideal candidate. These will likely include experience, longevity, education, personality, demeanor, and achievements as well as other items the elected officials and stakeholders consider important), and; • Determine a reasonable compensation package. We will also finalize the timeline so candidates can mark their calendars well in advance and will be available when the elected officials wish to conduct the interviews. If the City wishes, we routinely incorporate meetings with other stakeholders (such as the business community, the non-profit community, county staff and so on) to gather their insights. These forums are valuable as they provide additional perspectives and a better understanding of the environment the Manager will be working in. Task Two:Develop Position Description and Recruitment Materials Based on the information we gather, CB&A will next develop a position description and comprehensive recruitment profile. We will provide our draft for your review and comment. Your suggestions will be incorporated, and the final documents prepared. A sample of our work is included as Appendix B. Other samples can be found on our firm's website under the "Executive Recruitments"/"Active Recruitments"tabs. Phase H. Recruitment Task Three:Recruit Candidates CB&A uses a number of approaches to identify the right people for this position. We say people, and not person, because our goal is to bring you six to ten excellent semi-finalists, all of whom -7- Section H. Technical Approach (continued) will do the job extraordinarily well and who are so good you will have a difficult time choosing among them. You then select the top three to five people to interview and ultimately choose the candidate who is the best fit with you and your community. The approaches we use are: • Networking. The best approach is diligent outreach. We will network with our colleagues and consult our data base. As we identify outstanding candidates (many of whom are not in the market), we will approach them and request that they apply. Often excellent candidates are reluctant to respond to advertisements because doing so may alienate their current employers. When we approach them, their credentials are enhanced rather than diminished. Our networking effort will focus on the state of Florida although we anticipate recruiting across the country. • Advertising. While we will seek out the best, we will not ignore the trade press as it often yields strong candidates. We intend to contact the members of organizations such as the International City/County Management Association (ICMA), Florida League of Cities and other prominent municipal organizations. We will also post it on our website: www.cb-asso.com. We generally do not use newspapers or generic websites because while they produce large numbers of applications, they generally do not produce the type of candidates our clients are seeking. • Email. We will also e-mail the recruitment profile to our listsery of over seven thousand managers and professionals who are interested in local government management. One of the advantages of e-mail is that if the recipient is not interested, he/she can easily forward the recruitment profile to someone else who may be interested. • The Private Sector. Some of our clients ask that private sector candidates be included among our suggested finalists. While we do not routinely recommend candidates with no experience in government, we have been very successful in finding highly qualified and capable private sector people to bring forward. Phase Ill.Screening and Finalist Selection Task Four.Evaluate the Candidates Based on our most recent recruiting efforts, we anticipate receiving resumes from sixty to one hundred applicants. We will narrow the field as described above and present information on candidates to the elected officials. This process requires a mixture of in-depth research and subjective evaluation. Our process is as follows. It should be noted that selecting strong candidates is more an art than a science. While we consider standard ranking factors and the elements of the job, ultimately the most important factor is who we believe will be a good fit with the City and the community. Typically forty percent of our finalists are women and/or minorities. -8- Section IL Technical Approach (continued) Specifically, our efforts will involve: Step One. Resume Review. CB&A will evaluate all resumes and identify the top ten to fifteen candidates. Some of these may be in-house candidates or individuals who have held high-level positions in other governments but who have never been the Manager. Often these people simply need the opportunity. Using a football analogy, Vince Lombardi was an assistant coach with the New York Giants prior to being hired by the Green Bay Packers. Hence, we do not believe we should only consider those who have already held the position we are recruiting for. Step Two. Screening Interview. Our lead recruiter, and possibly other senior representatives of the firm, will interview each of these candidates. Using what we learned in Phase I and our experience as managers and recruiters, as well as our unique ability to assess candidates,we will determine whether or not to consider them further. Step Three. Candidate Materials and Background Investigations. For those that remain in consideration, CB&A will: • Ask the Candidates to Prepare a Written Introduction: We will ask the candidates to prepare a written introduction to themselves as part of their preliminary background checks. This is done for several reasons. First, it allows the candidates to tell their own story and balance the negativity that is so often characteristic of the press. It also allows the City to evaluate the candidates written and communicative skills. • Candidate Disclosure Statement: We will ask candidates if there is anything controversial in their background that we should be made aware of prior to further consideration. While it is unlikely that we find anything not previously publicized in the press, we believe redundant checks offer superior security for our client. • Interviews of References: We tell the candidate with whom we wish to speak. These include current and former elected officials, the municipal attorney, the external auditor, staff members, peers, news media representatives, the director of the local chamber of commerce, community activists, and others who know the candidate. We also attempt to contact some individuals who are not on the candidate's list. Typically we reach eight to ten people and prepare a written summary of each conversation. • Legal Checks: Through our third party vendor, American DataBank, we will conduct the following checks: criminal records at the county, state and national level; civil records for any litigation at the county and federal level; and bankruptcy and credit. -9- Section IL Technical Approach (continued) • Verification of Education: We also verify claimed educational degrees to assure the candidate is being totally forthright. • Verification of Work History: We verify employment for the past fifteen years. • Search the Internet and Newspaper Archives: Virtually every local newspaper has an archive that provides stories about perspective candidates, the issues they have dealt with, how they resolved them and the results. These articles can also provide valuable insights into the candidate's relationship with the public and the elected officials. Of course, not all news sources are unbiased and we consider that in our evaluation. This step is conducted in order to quickly discover candidates with problems in their backgrounds and eliminate them. Note: We firmly believe that all background work we have outlined above should be completed early in the process. That way the client knows the individuals to be interviewed are all top performers and do not have anything embarrassing in their pasts that might come to light after selection. It also means that once our client has made a selection, it can move forward promptly, negotiate a contract and make an announcement. Task Five: Preparation and Presentation of Additional Candidate Materials For the selected candidates, CB&A will compile the information we have developed into a complete written report for each recommended candidate. Specifically, this information will include: the candidates' resumes, introductions, references, background checks and internet / newspaper archive search results. A complete sample candidate report is included as Appendix C. We will also provide some advice on interviewing, a series of questions the elected officials may wish to ask (as well as some areas that it is not wise to get into), and some logistical information. The preceding information will be forwarded to you electronically. The goal in conducting these checks is to develop a clear picture of the candidates and to determine which best meet the criteria established in Phase I. Each of the avenues we pursue adds a piece of the puzzle. We will crosscheck sources, search for discrepancies, and resolve them when we find them. When sensitive or potentially embarrassing items are discovered, they are thoroughly researched. If we conclude the situation is damaging or even questionable, the situation reported to the City and, with the City's concurrence, the candidate will be dropped from further consideration. Task Six. Finalist Selection Approximately a week after the City has received the candidate materials, CB&A will meet with the elected officials to discuss our findings and make a final determination concerning who will be invited to interview. The goal is to select four to six candidates to interview. -10- Section H. Technical Approach (continued) Task Seven:Notify All Candidates of Their Status We will notify the selected candidates by telephone and give them the opportunity to ask additional questions. CB&A will also contact those not selected to advise them of their status. Part of the notification will include advice concerning the candidates' resume and/or cover letter so, even though they were not selected to go forward, they will have gained something valuable from participating in the process. Phase IV. Coordinate the Interview Process and City Manager Selection T ask Eight: Coordinate the Candidate Assessment Process Prior to the interviews, we will recommend an interview/assessment process for the City's review including means to evaluate the candidates' communication skills, interpersonal skills, and decision-making skills. As part of the process, we will recommend the elected officials observe the finalists in a number of settings. We will also recommend you invite the finalists' spouses so they can spend time in and evaluate your community. Day #1: The finalists are given a tour of the community and its facilities by a knowledgeable staff member. Later, senior staff members meet briefly with the candidates. This opportunity allows the finalists to ask questions and the senior staff to assess the candidates. Later, that evening, the elected officials host a reception for the candidates. The purpose is to observe how the finalists respond to a social situation. Your next City Manager will, after all, represent your local government in numerous venues. It is thus important to know how the individual will respond in a social setting. The reception also serves as an ice-breaker whereby the elected officials and the candidates get to know one another informally. Day #2: Beginning at approximately 8:30 a.m., each candidate interviews individually with each elected official or small group for approximately 40 minutes. These meetings provide the elected officials with an opportunity to assess how the candidates might interact with them on an individual basis. It is very important to know if good chemistry exists. Ultimately, Managers succeed and fail based on their interaction with the elected officials and the one-on-one interviews are an excellent way to test that interaction. After lunch, the elected officials as a group will interview each candidate so that they can assess the candidates in a formal meeting. Part of the interviews may include a PowerPoint presentation so the elected officials can observe the candidates' presentational skills. -11- Section IL Technical Approach (continued) Task Nine:Debriefing and Selection Once the interviews have concluded, CB&A suggests the elected officials adjourn and hold a meeting a day or two later to select the next City Manager. Although the selection can be made the same day as the interviews, this decision is quite important and we recommend you take some time to consider what you have seen and heard. In terms of the final selection, we have developed a simple methodology that moves the elected body quickly and rationally to the desired outcome. Once the selection has been made, CB&A will notify the finalists of their status. Candidates are eager to know and we feel it is important to keep them informed. Phase V. Negotiation and Continuing Assistance Task Ten: Notification, Contract Negotiations and Warranty Should the elected officials wish, we will assist in the employment agreement negotiations. Generally, a member of the elected body and the attorney conduct the actual negotiations while we provide advice and assistance concerning the compensation package and contract. We can also take the lead role in the negotiations if desired. We have a standard contract you are welcome to use. Your attorney, of course, will prepare the final contract. Since the basic parameters will have been discussed with the candidates and the candidates have been thoroughly vetted, we expect a relatively prompt agreement. Task Eleven: Continuing Assistance Our work is not done when the contract is executed. We will stay in touch with you and your new City Manager. Our goal is to be there to assist in resolving any issues that arise before they become intractable. In fact, at your request, we will conduct a team-building workshop, at no charge, to resolve any difficulties. We simply feel it is part of our job to assure a successful relationship. Communications: We will provide biweekly reports about the status of the search, in writing or by phone, depending upon your preference. At significant milestones we will make the reports in person. We are also available at any time, day or night, to address any questions you have along the way. To do so, we will provide you with our cellphone numbers and you should feel comfortable contacting us whenever you have a question whether it is directly related to the search or, for that matter, anything else related to local government. We want to be responsive and to assist in any way we can. -12- Section IL Technical Approach (continued) The City's Obligations As indicated, we will provide the candidate reports to the City electronically and it will be responsible for disseminating the candidate reports to the Commissioners. The City will also be responsible for providing the facilities for the interview process, coordinating lodging for candidates from outside the area, and making arrangements for the reception. The City will also be responsible for reimbursing the candidates for all expenses associated with their travel,meals, and incidentals for the interview weekend. Further, the City should plan to provide the following information to each of the finalists if it is not available on the City's website: the current year budget, an organizational chart, the latest completed audit and management letter, any current strategic and long range plans, a copy of the City Charter, any job descriptions and other materials defining the role and duties of the City Manager, and any evaluations of the organization completed in the last year. These are the only obligations and responsibilities the City is expected to assume in the recruitment process. -13- Section IL Technical Approach (continued) Typical Possible Project Schedule The following is the schedule we would suggest and assumes CB&A is selected to complete the search by July 18th. Phase I. Needs Assessment/Information Gathering July 23rd: CB&A begins working with the Commission to understand the job and its challenges. July 29th: CB&A submits the draft of the full recruitment profile to the City for its review. Comments will be due back by August 5th. Phase H. Recruiting August 8th: CB&A posts the full recruitment profile on its website and submits it to the appropriate publications. It is also e-mailed to over 8,600 local government professionals. August 29th: Closing date for submission of applications. September 3rd: CB&A reports the results of the recruitment to the Elected Officials. Phase III:Screening,Reference Checks and Credential Verification September 29th: CB&A forwards complete candidate reports and materials to the City. These will include the candidates' resumes, the candidate introduction, references, background checks and the results of our Internet/newspaper archives search. October 6th: CB&A meets with the City and the City selects finalists. Phase IV. Interview Process Coordination and City Manager Selection October 17t11: City holds reception for the finalists. October 18th: One-on-one and full Commission Interviews. October 20th: City selects its next City Manager. -14- Section IL Technical Approach (continued) Phase V.•Negotiation, Warranty & Continuing Assistance Post-Selection: CB&A works with City representatives and the selected candidate on an Employment agreement. Typically this process takes a week before a contract is ready to be ratified. CB&A will stay in touch to ensure the elected officials' relationship with the new City Manger is a strong one. -14- More CMA Clients. . �f T City of Fruitland Park, FL City of Leesburg, FL City Manager City Manager �rY City of Fernandina Beach, FL Village of Bal Harbour, FL City Manager Village Manager -16- Section III. References The staff at Colin Baenziger & Associates has completed over 150 searches for city and county managers and more than 250 senior-level local government management searches overall. The following are some of our references. City Manager Recruitment, City of Cooper City, FL (population 32,000) Contact: Former Mayor Debby Eisinger at(954)434-4300, or mayordebbyQemail.com Former Council Member Neil de Jesus at (954) 558-4734, or Nea1DJAbellsouth.net CB&A began work in May 2008, to assist the city in finding its next Manager. Our work included scouring the nation to find the right person for the job, interviewing the candidates, conducting through background checks, recommending finalists for the city to interview, and helping with the contract negotiations. Bruce r Loucks, formerly County Administrator for Charlotte County, Florida, was selected in early August, 2008. City Manager, Cocoa Beach,FL (population 11,200) in 2012 Contact: Mayor David Netterstrom at (321) 868-3206 or dnetterstrom�acityofcocoabeach.com CB&A began work on May 14, 2012, to assist Cocoa Beach in in finding its next City Manager. Our work included scouring the nation to find the right person for the job, interviewing the candidates, conducting through background checks, recommending finalists for the city to interview and helping with the contract negotiations. Bob Majka, then Deputy County Administrator of Bay County, FL, was selected on August 13, 2013. City Manager, Hallandale Beach, FL (population 39,600) Contact: Mayor Joy Cooper at(954) 632-5700 or JCooper(a?cohb.orz Colin Baenziger & Associates was asked to conduct an expedited recruitment for the City Manager. We first met with Hallandale Beach officials on July 28, 2010. We quickly produced a recruitment profile and began recruiting candidates. The deadline for applications was August 20'. Hallandale Assistant City Manager Mark Antonio was selected on September 20t'from a pool of nine candidates. When Mr. Antonio retired 20 months later (he was in the DROP program and had to leave), we were again retained and Ms. Renee Crichton, formerly an Assistant City Manager with Miami Gardens, FL, was hired. -17- Section III: References (continued) City Manager, City of Madeira Beach, FL (population 4,200) Contact: Mayor Travis Palladeno at(727) 239-5549, or TPalladeno(i�madeirabeachfl.gov Madeira Beach is a tropical tourist location on the Western Coast of Florida in Pinellas County. Colin Baenziger and Associates began searching for a City Manager on September 30, 2011. Our work included scouring the nation to find the right person for the job, interviewing the candidates, conducting thorough background checks, recommending finalists for the city to intendew and helping with the contract negotiations. Shane Crawford, former Assistant County Administrator with Walworth County, WI was selected as the next manager on November 22na City Manager,Miramar,FL (population 122,000) Contact: Commissioner Yvette Colbourne at (954) 560-5161, or Kathleen Woods- j-colbourne(iki.miramar.fl.us Richardson CB&A began the search for Miramar's next City Manager on May 13, 2013. We conducted a nationwide search with an emphasis on Southeast Florida. Our work included extensive screening and background checks as well as coordinating the interview process and negotiating the compensation package with the selected candidate. The City selected Ms. Kathleen Woods-Richardson, formerly Director of Public Works and Waste Management for Miami-Dade County, on August 21, 2013. She will being work on September 9, 2013. Village Manager,Pinecrest, FL (population 19,400) Contact: Mayor Cindy Lerner at(305) 234-2121, clerner(a,pinecrest-fl.gov In late April 2011, CB&A was hired to assist Pinecrest in finding its next Village Manager. We worked with a Citizen's Advisory Committee and sought out candidates from around the nation while, �. due to the Council's desire, focusing on candidates from Florida. Interviews were held on July 17a' and 18a' with Ms. Yocelyn Galiano Gomez being selected as the Village Manager on the 18th Ms. Gomez was an internal candidate and the Assistant Village Manager. -18- Section III: References (continued) City Manager,Satellite Beach, FL (population 10,100) Contact: Mayor Frank Catino at(321) 223-7700, or fcatino(a)satellitebeach.org Satellite Beach retained CB&A just after Christmas, 2012 to help find , its next City Manager. We began work immediately by meeting with the Council Members and based on what we learned, we crafted a recruitment profile. We searched the country for outstanding ' candidates. Background checks were thorough and four finalists were selected. Interviews were held on March 15th and 16th and Courtney Barker, formerly Executive Director of the Planning and Growth Management Department for Titusville, FL, was selected ' on the March 21 St City Administrator, Tavares, FL (population 11,000). Contact: Former Mayor Nancy Clutts at (352) 552-4829, or City Manager John Drury at (352) 742-6209. On July 5th, 2006, CB&A took over a search that the City had begun. Our effort involved searching the country to locate the best people for the job, interviewing them, conducting through background checks, _ and recommending finalists for the city to interview. The search was completed on September 22"d with the selection of John Drury, formerly City Manager of Stowe, VT. City Manager,Portland,ME(population 65,000) Contact: Councilor Cheryl Leeman at (207) 773-4161; _ or clna,portlandmaine.2ov Portland retained CB&A on February 28, 2011 to help find its next City Manager. We met with the Council Members and with several groups of community stakeholders as well as the staff. Based on what we learned, we crafted a recruitment profile and began to search the country for outstanding candidates. Background checks were thorough and three finalists were selected. Interviews were held on May 20th and 21St and Mark Rees, County Administrator of North Andover, MA, wasr '. selected on May 21St - -19- Section III. References (continued) City Manager, City of Roanoke, VA (population 96,000) Contact: Council Member Court Rosen at (540) 597-3193 or courtrosen(i0smail.com City Clerk Stephanie Moon at(540) 853-2541 Stephanie Moon(i�roanokeva.gov CB&A was hired in September 2009 to find Roanoke's next City Manager. We were asked to identify someone with a strong background in finance and redevelopment. Our efforts involved searching the country for strong candidates, conducting extensive background checks, recommending a strong field of candidates, overseeing the interviews and providing a small amount of assistance with the contract negotiations. Christopher Morrill,formerly the Assistant City Manager for Savannah, GA, was selected in mid-December 2009. We have since assisted the City in finding a City Attorney, an Economic Development Director and a Planning, Building and Development Director. City Manager,Scottsdale,AZ(population 221,000) Contact: Vice Mayor Suzanne Klapp at(480) 312-7402, or sklappa,scottsdaleaz.gov Fritz Behring Council Member Guy Phillips at(480) 312-2374, or gphillipsna,scottsdaleaz.gov Scottsdale retained CB&A just before Christmas, 2012 to help find its next City Manager. We were asked to begin work in late February, 2013. We met with the Council Members and based on what we o learned, we crafted a recruitment profile and began to search the country for outstanding candidates. Background checks were thorough and three finalists were selected. Interviews were held on May 21St and 22"d and Fritz Behring, formerly County Manager for Pinal County, AZ, was selected on the 22°d City Manager, Tacoma, WA (population 198,400) in 2011 T.C. Broadnax Contact: Mayor Marilyn Strickland at (253) 591-5100 or Marilyn.Strickland(a,cityoftacoma.org Human Resources Analyst Margith Baker (253) 573-2321, or MBakerna,ci.tacoma.wa.us CB&A was hired in late September 2011 to find Tacoma's next City Manager. As part of the recruitment process, we met with each of the nine council members to learn their concerns, priorities and desires. We searched the nation and developed a pool of 67 candidates, many of which were extremely capable. The semi-finalist pool was also diverse containing both women and minorities. Interviews were held early December and Mr. T.C. Broadnax, formerly an Assistant City Manager with San Antonio, TX, was selected. He remains with the City as its manager. -20- More CB&A Clients... r - s 1r i�N ORO—. City of Ankeny,L4 Oregon City, OR City Manager Finance Director f i , i ' I I ' T St. Johns County, FL City of Scottsdale,AZ County Administrator City Manager Director,Economic Development Library Systems Director -21- Section IV Project Team Project Team and Involvement Colin Baenziger & Associates is an experienced recruiting firm which strongly believes that the majority of the search work should be conducted by one knowledgeable person. Colin Baenziger will be that person—he will serve as your project manager. He will conduct the interviews with the elected officials, search for strong candidates, discuss the position with those candidates, recruit them, conduct the interviews with the candidates, conduct the background investigations, oversee the interview process, and assist with the contract negotiations. In addition to fifteen years as a consultant, Mr. Baenziger spent ten years in government as a senior manager. Overall, he has been the firm's Project Manager for more than one hundred and twenty five city and county manager searches. Prior to starting CB&A, he spent over 20 years hiring key staff. Tom Andrews, senior vice president, will be the Deputy Project Manager and support for Mr. Baenziger. Mr. Andrews will assist in virtually every aspect of the search effort but will focus on the search for strong candidates and candidate evaluation. Before joining the firm in 2008 as a recruiter, Mr. Andrews served as County Administrator for Fulton County, Georgia, and in high level county and state positions in Maryland. For 35 of his 40 years in government, Mr. Andrews hired key staff. David Collier, senior vice president, will serve as the recruitment manager and assist with the identification and screening of candidates. Before joining CB&A as a recruiting in 2006, he had over 30 years of experience as a senior level local government manager in several states and in that capacity hired many key staff. He earned his Bachelor of Arts degree in economics and his Master's degree in public administration from the American University in Washington, D.C. He is a past president of the Maryland City Managers Association and the Florida Association of County Administrators. Rick Conner, Vice President, will serve as deputy recruitment manager. He has over 30 years of in local government and in executive recruiting. He earned Bachelors of Science Degrees in Business Administration and Engineering from the University of Missouri. Kathyrn Knutson, Vice President for Operations, will be responsible for coordinating the advertising and production of the materials we will present to you as described in the Recruitment Approach. Colin Baenziger Tom Andrews Project Manager Deputy Project Manager David Collier Kathyrn Knutson Recruitment Manager Operations Manager Rick Conner Research Associates Deputy Recruitment Mana er -22- Section IV. Project Team (continued) Colin Baenziger, M.P.A. Principal Colin Baenziger is a student of local government and responsible for the executive recruitment functions at Colin Baenziger & Associates. Over the years, he has worked with a number of cities on recruitments and on management, operational, and o op' i IN organizational issues. As a former manager and someone who #' actively consults with governments, he understands what it takes to do the manager's job effectively. Furthermore, because he is active in a number of professional associations, he knows many of the S� nation's managers on a first-name basis. Some of Mr. Baenziger's searches for local governments include: • City Manager, Coral Gables, FL (population 42,000) • City Manager, Cottonwood Heights,UT (population 34,000) • City Manager, Fife, WA(population 8,200) • City Manager, Fayetteville,NC (population 208,000) • Village Manager, Key Biscayne, FL(population 11,000) • Economic Development Director, Loudoun County, VA (population 326,000) • Community Development Director, Miami, FL (population 373,000) • Borough Manager, Matanuska-Susitna Borough, Alaska(population 88,000) • City Manager, Mount Dora, FL (population 12,000) • County Manager, Clackamas County, OR(population 380,000) • City Manager, Palm Coast, FL(population 51,000) • City Manager, Portland, ME (population 65,000) • City Manager, Roanoke, VA (population 96,000) • City Manager, Tacoma, WA (population 200,000) • General Manager, Tampa Bay Water Authority(serving a population of 2.4 million) • County Manager, Union County,NC (population 290,000) Other recent efforts include a strategic planning session for the Florida Association of Special Districts, an operational review of Tamarac's water utility, a business practices review for a division of Martin County government, an operational reconciliation for Palm Beach County Water, development of an automated system to pay royalties to featured recording artists for the Recording Industry Association of America, and a review of financial procedures for a division of the Marriott Corporation. Mr. Baenziger has a master's degree with distinction in public administration from Cornell University's Graduate School of Management, and a Bachelor of Arts degree from Carleton College. He is also active in the International City Management Association and the Florida City and County Management Association. He has also been called upon frequently to speak at conferences of the Utah and Florida City/County Managers' Associations, and the Florida Public Personnel Association. -23- Section IV Project Team (continued) Tom Andrews, 13l.S Senior Vice President Since joining CB&A in 2008, Tom Andrews has been our management guru. With over thirty years management experience in federal, state and local governments, he has been there, done that. With his no-nonsense approach to problem-solving and his keen ability to recognize management talent and leadership potential, he is an asset to any client. His talent for mentoring has resulted in former employees occupying senior local government positions from Maryland to Florida. In addition to his comprehensive and successful experience as a generalist, Tom possesses technical expertise in water resources management, environmental regulation, and public health programming. Some of the top leadership positions that Tom has held include: County Manager of Fulton County, GA; Chief Administrative Officer for Anne Arundel County, MD; Deputy Secretary, Maryland Department of the Environment; Assistant Secretary, Maryland Department of Natural Resources; Director, Maryland Water Resources Administration; and Chief of Staff for Maryland Acting Governor Blair Lee III. Some of the many recruitments Torn has been involved in for CB&A are: • Borough Manager, Matanuska-Susitna Borough, Alaska(population 88,000) • Director, Watershed Management, DeKalb County, GA (population 691,900) • City Manager, Greensboro, NC (population 259,000) • City Manager, City Attorney and Planning Director, Roanoke, VA (population 96,000) • County Manager, Brevard County FL (population 536,000) • Deputy City Manager, Durham,NC (population 220,000) • Director, Economic and Workforce Development, Durham NC (population 220,000) • Budget Director, St. Petersburg, FL (population 248,000) • Director of Economic Development for Loudoun County, VA (population 326,000) In addition, Tom has conducted numerous leadership seminars for state and local government mid-level managers. Tom earned his Bachelor of Science in biology from Miami University in Oxford, Ohio, and his master's in natural resources administration from the Institute of Public Administration of the University of Michigan. He has been a member of the Georgia County-City Managers Association, the Association of County Commissioners of Georgia, and the National Association of Counties. Tom has also served as President of the Maryland Association of County Health Officers, Member of the Anne Arundel County YMCA Board of Directors, and President of the Providence Center Board of Directors, a non-profit agency serving the developmentally disabled. -24- Section IV. Project Team (continued) Dave Collier, M.P.A. Senior Vice President Before joining CB&A in 2006, Dave Collier spent over 30 years of management experience in county and city government. Since there is not much that he has not seen previously, Dave quickly produces efficient and effective solutions to problems for his clients. One of Dave's specialties is executive search. With his many years of experience, he can quickly separate the wheat from the chaff and find the right person to join your senior staff or be your department head. He also has successfully conducted organizational reviews, sessions in team building and strategic planning workshops. Just as importantly in this day and age of the pressure to lower taxes, he has developed strategies and action plans for coping with the tough financial problems that local government often experience. Dave has overseen the recruitment and selection of. • County Manager, Brevard County, FL, • City Manager, Coral Gables, FL, • City Manager, Cape Canaveral, FL, • City Manager, Dania Beach, FL, • City Manager,North Miami, FL, • City Manager, Orange City, FL, • City Manager, West Melbourne, FL, • City Administrator, West Park, FL, • Finance Director for Tamarac, FL, and • Environmental Resources Director for St. Lucie County, FL. While serving as City Manager of Stuart, Florida for 14 years, he improved the professionalism of City Department Heads and staff through an emphasis on professional development and team building. He also used his hands-on management style to emphasis the need for effective project management and maintaining tight timelines in order to show citizens that the city government was effectively managed and had a strong commitment to its customers. Prior serving in Stuart, Dave was a County Manager in Florida, Kansas and Michigan. He also has extensive experience in local government consulting. Mr. Collier earned his Bachelor of Arts degree in Economics and his Master's degree in Public Administration from the American University in Washington, D.C. He was a member of the International City/ County Management for over thirty years, served as President of the Maryland City Managers Association and the Florida Association of County Administrators. Mr. Collier is involved in his community as a member of the City of Stuart's CRA Advisory Board and as a Director of Stuart's Main Street Association. -25- Section IV Project Team (continued) Rick Conner, P.E. Vice President Rick Conner is a recent addition to CB&A's strong cadre of municipal operations experts. With over 30 years of management experience in local government, he has seen it all and done most of it. He possesses keen analytical skills and the ability to slice through critical issues. As a result, he is another outstanding weapon in the firm's arsenal of experts. His years in local government and his many licenses and certifications help him to judge talent quickly and effectively. In addition to his experience as a City Manager, Rick's previous positions such as a Public Works Director, gives him an excellent perspective of the needs of local government operations and staffing. Prior to joining Colin Baenziger & Associates in 2012, some of the top leadership positions that Rick has field include: • City Manager of Sunny Isles Beach, Florida, • City Manager of Portland, Texas, • City Manager of Marble Falls, Texas, • Public Works Director of Nashville/Davidson County, Tennessee, and • Public Works Director of Bryan, Texas While serving in these positions, Rick received national recognition for his Customer Service programs. Over his career, Mr. Conner has been involved in a variety of recruitments. Some of these include: • City Manager, Fayetteville,NC, • City Manager, Sarasota, FL, • City Manager, Cocoa Beach, FL • Chief Executive Officer/General Manager, Des Moines (IA) Water Works, • Finance Director/Procurement Officer for a bedroom community to Corpus Christie, TX, • Accounting Director for a medium size West Texas city • Police Chief for a Florida barrier island community, • Water and Wastewater Director for a medium size, central Texas city, • Airport Fixed Base Operator for a Texas university community, and • Airport Manager for a medium size Texas university city. Rick holds a Bachelor of Science in Business Administration and a Bachelor of Science in Civil Engineering from University of Missouri. He also worked towards Masters Degrees in both Math and Civil Engineering before joining the work force. He is a Registered Land Surveyor and a Professional Engineer in Missouri, as well as a Professional Engineer in Florida, Tennessee and Texas. -26- Section IV. Project Team (continued) Kathyrn Knutson Vice President for Operations Ms. Knutson is a skilled professional with a wealth of public and private sector experience. Her particular expertise is in special projects, compensation surveys, and background checks for our executive search candidates. She feels that each client must be properly served, and that can only be done by devoting her utmost attention to their particular concerns and by finding creative ways to solve their problems. In her book, the client comes first. Since beginning her working relationship as a subcontractor with Colin Baenziger & Associates, Ms. Knutson has been involved in virtually every executive search the firm has conducted. Some of the more notable searches include: • Public Works Director, Chandler,AZ (population 250,000) • City Manager, Town of Bay Harbor Islands (population 5,200) • City Manager, Coral Gables, FL (population 42,000) • City Manager, Cottonwood Heights, UT (population 34,000) • City Manager, Cutler Bay, FL (population 35,000) • City Manager, Fife, WA (population 8,200) • City Manager, Greensboro,NC (population 259,000) • City Manager, Homestead, FL (population 59,800) • Village Manager, Key Biscayne, FL(population 11,000) • City Manager, City of Marathon, FL(population 11,500) • Village Manager, Village of Palmetto Bay, FL(population 24,000) • City Manager, Portland, ME (65,000) • City Manager, Roanoke, VA (population 96,000) • City Manager, City of West Melbourne, FL (population 15,000) As noted, a major part of Ms. Knutson's work has been on special projects. For example, she is responsible for the firm's annual City Manager compensation survey and also has worked with Palm Beach County Water Utilities reviewing a portion of its billing database. The utility's concern was possible under-billing, and our work involved a review of billing records for reasonableness and consistency, as well as extensive work in the field. Thanks to Ms. Knutson's work, the Utility recovered our fee several times over. Ms. Knutson's prior employment includes stints with Palm Beach County's Department of Building, Planning, and Zoning, and with the County Health and Rehabilitative Services. She has also worked with the State of Florida's Department of Corrections and with the State's Department of Employment Services. She has also been involved with a number of private and non-profit concerns, such as the Visiting Nurses Association and Oakwood Mental Health Center of the Palm Beaches. Ms. Knutson has an associate's degree in business education from West Georgia College in Carrollton, Georgia. Kathyrn currently resides in Oneida County, WI. -27- V Fee and Warranty Fee CB&A proposes to conduct the search for a firm, fixed fee of$23,000. It should also be noted that these figures include all our expenses and costs In other words, the only monies CB&A will receive from the City is the agreed upon fee. The only other costs the City will be responsible for are the costs associated with the candidates' (and spouses, if invited) travel, accommodations and meals for the interview process. We will bill the fee as the phases are completed and according to the following schedule: Phase I: Needs Analysis/Information Gathering $ 3,000 Phase II: Recruiting 9,000 Phase III: Screening 8,000 Phase IV: Interview Process Coordination and Manager Selection 1,500 Phase V: Negotiation, Warranty& Continuing Assistance 1,500 It should be noted that CB&A has never asked for any additional fees from any client in the entire history of our firm. This fee structure is advantageous to both the City and CB&A: the City has certainty about what it will pay for the search and CB&A will not need to keep track of every minor expense. Warranty Colin Baenziger & Associates offers the best warranty in the industry. We can offer it because we have confidence in our work. Provided the City instructs us with conducting a full search and assuming it selects from among the candidates we recommend,we warrant the following: 1) We will not approach the selected candidate for any other position as long as the individual is employed by the City. 2) If the selected individual leaves for any reason other than an Act of God (such as total incapacitation or death) within the first year, CB&A will repeat the search at no charge for our services. If he/she departs during the next year for any reason other than an Act of God, we will repeat the search for the reimbursement of our expenses only. 3) If you are not satisfied with the candidates we present, CB&A will repeat the search until you are satisfied. 4) Our price is guaranteed and will not be exceeded for any reason, even if conditions change after the contract is executed. -28- CITVOF DELRAYBEXCH Executive Search & Recruitment Services CITY MANAGER July 1.0, 2014 [!11The Mercer Group. In . ,1C."Onsultants To Management CITIY of IIELRAX BEA C 1I FLORIDA Proposal for Executive Search & Recruitment Sen4ces July 10, 2414 THE MERCER GROTLJTR,� IINC. W. D. Higginbotham,Jr. Senior Vice President 9123 Cherry Trace Seminole, Florida 33777-1150 727-214-8673 4 'DHig i _mercererounine.com www.mercergr4mpine.rom TABLE OF CONTENTS Section i. Cover Letter 1. FIRM INFORMATION & BACKGRO(INDINCLUDING SEARCH TEAM............. 14 11, I-XPERIENCE OF FIRM................................................. 4-16 A. City & County Manager 13carches.............................................4--14 B. Refem.necs.....................................................................15-16 III. SERVICES,TIMELINE,ANI) F1-.L-,S.......................................................... 17-27 A. Project Understanding and Approach................................... 17 B. Work Plan............................................. .............. 18-21 C. Equal Employment Opportunity %tement............................ 21 1). Timeline............................................................... F. Cost Proposal ............................................................... 23 F. Additional Acti-w-isles.............................. ........................... 24 G. Proposal Acceptance..........- 24' The Mercer Group. Inc.Guarantees ......................................... 25 Proposed Engagement Agreement 26-27 The Mercer Groi p,Iric.for the City of Delray Heacb, Florida '.�h �I�erc er G roues 1_rae. 'Miaafe.F1.3377 I 9ij)8944= Ce f(7_°:)314:9673 �L-itlQfl'uNQtijY�Rll��ft;Olj[�t.nYf .lulu 10.20 14 Cathy Inglese Office of the City tlttorne'y City of Delray Buac:h 200 N.W. i"Avenue Delray Beach,Florida 33444 7be Mercer Group, Inc. understands the City of Delray Beach wishes to engage the services of an executive search firm to conduct exec.utive search and recruiting services for a City":ti+ianager for the City of Delray Beach. The Mfercer Group, Inc. is pleased to submit our proposal to assist the City of Delray Beach to recruit exceptionally well-qualified candidates for the position of City Manager. If selected to conduct the search and recruitment process for this position. we would have no difficulty beginning immediately to ensure a smooth process. It is our understanding that the scope of work-,search and recruitment services shall include, but not be linuted to,the following: • Deftning the position profile. • Sourcing qualified candidates. • Evaluating prospective candidates. • Selection and employment_ The olb ectives that we will meet in order to find the best qualified candidates for the City Manager position are as follows: • To conduct on-site needs assessment for the new City Manager. • To develop a comprehensive position profile_ • To encourage top level people to apply who would otherwise be reluctant to respond to an advertisement. • Id save a considerable amount of the City Commission's time in establishing a position profile and.reviewing applicants. To comply with appropriate personnel regulations and state laws (i.e., EEO. Affirmative Action and,ADA). • 'I o bxXTm dt n0y acxi ubjwtivrJy wbvss tltc qualifications and suitability of candidates for the position. 'I o recommend a pool of finalist candidates to the City. To coordinate finatist.candidate interviews with the City. • To mail an information packet supplied by the City to all qualified applicants. PINPOLNTING'WORKABLE SOLUTIONS FROM OUR OFFICES NATiOhfWIDE www.inercergroupinc.com City of Delray Beach Page Two July 10,2014 • To respond to all candidate inquiries and produce all correspondence during the search. To preserve the confidentiality of inquiries to the degree possible under Florida.law. • To assist the City in reaching a final decision. • To assist in negotiating a compensation package with the successful candidate on behalf of the City. To keep the City closely involved in key decisions and informed of our progress. The purpose for engaging the son-ices of an executive search fam is to seek ote, and recruit experienced candidates and to assist the City of Delray Beach in vJecting highly qualified individuals who meet the profile and needs of Delray Beach and who might not otherwise apply. The Mercer Group, Inc. is well-qualified to assist the City of Delray Beach with this project. Through December 2013, we have conducted 480 searches for City and County Managers/Administrators throughout the country, 84 of which have been in Florida. During the last six (6) months alone we have successfully completed or we are currently conducting searches for the City of Cape Coral, the City of St. Pete Beach, the City of St. Petersburg, Hillsborough County, the City of Plant City(Police Chief and City Manager)and Citrus County. These are just the Florida recruitments;there are many more in the Southeast and nation-wide. the Mercer Group, Inc_ has been in operation for over twenty four years with our corporate headquarters in Atlanta and branch offices in thirteen (13) states, including Florida. The Mercer Group, Inc. has the resources available to conduct this search and avoid untimely delays in the process. If selected, i wrill personally lead this m-ruitment from our .Seminole, Florida office. With 23 years of local government experience in Florida, including three(3)City Manager positions in Florida coastal cities, I am uniquely qualified to .lead this search for the new City Manager as I know and understand the local needs Thank you for the opportunity to respond to this important assignment We will be pleased to discuss our proposal with the City and urge you to allow us to travel to Delray Beach at our expense to do so- Please contact me directly at 727-214-8673 if you have any questions. Sincerely yours, THE MERCER GROUP MU. ' w W. D. Hight itham,Jr. Senior Vicc President 771r,1111.1fCF111 1,:111!1 A 1.VC. 1. !FiRM INFORMATION& BACK(iROUND A.Firm Qualifications The Mercer Group. Inc. is an indepenJent managonient consulting firm incorporated in the State; of Georgia and operating nation-,aide. The firm was founded I%v James I Mercer, a loner term public management consultant. The firth has conducted business under the name The Mercer Group. Inc:. since Fcbruart. 1990 and i,� registered with the Florida Department of State_ Mr. Mercer started his own firm in 1981 and. in 11994, merged it with another consulting firm, Wollc & Associates. Inc. On June 1. 1986. Mr. Mercer acquired the Human Resource and Organizational Cons-tilting Practice of Wolfe & Associates. Inc. This acquisition formed the basis for Mercer. Slavin & Nevins. Inc. lie sold his interest in .Mercer. Stavin & Nevins, Inc. eae,y in 1990 and founded The Mercer Group. Inc, The Mercer Group. Inc. provides exceptionally high duality managemment consulting services to state and local governments. Imnsit authorities. health care providers. utilities. special districts, and privalt, sector clients. Specialty practice areas include: executive recruitment, organization anti operations analysis, productivity improvement, strategic planning, management systems. compensatic)n,elassification'policy studies.privatization. budget evaluation scry :es. government consolidation and orb**aniration development, training, and general management consulting. Our key consultants have conducted successful searches for hundreds of public sector organizations nationally and can offer numerous references as testimony of our work. While this important engagement for the 01,y of Delray Beach will b e personally ltd by W. D. lligginbotham. Jr., it WiII be assisted and supported by James 1_. 1lercer. Mr. Mercer has conducted or assisted it the conduct of mare than 2.000 successful executive searches in recent years. Me spectrums of our search experience is below, Mr. Mercer's resume is included below. a.,is Mr. I i,gginbuthurn"s. Mr. Mercer is the Chief Executive Officer of our firm. There is no parent. subsidiary or affiliation of other firms. The closed service office and our corporate headquarters are as follows: The Mercer(Troup. Inc. 5579 B Chamblee Dunwoody Road, Suite 511 Atlanta_ Georgia 30338 'Feleph(ne.(770)55i-{:3403: i•'AX: (770);99-9749 federal Tau: fl)No_- 58-1877068 Primary contact information is as follows: 11c Mercer Group.Inc. W. D. Hig€intxrtham..tr. Senior Viec President 9133 C herry'Prate Serninoo'c. Florida 33777 727-21.1-8673 i 'I }lietgin r .tni'r c'r s cs inr _caonw w+�3 t�..Il)�rCt.t;�rt►t3gsi 11t,;.c�,�r�� The Mercer Group,Inc.for the City of Delray Beach,Florida Page 1 B.Organizational Chart for the 00,of Delrav Beach Search Team The M e.-jr c e r Ca'r o u i,.). nx c x EXECUTIVU. SEARCH TEAM for DELRAY BEACH CITY MANAGER Jim Mercer President .'ants Fe,NM W.D Higginbotham Jr Karolyn Prince-Mercer Sr.Vice President Sr. Vice Pre%ident Seminole,FL Santa Fe.NYI Dona Hunt Exevutive Assistant Seminole,FL The Mercer Group,Inc.for the City of Delray Beach,Florida pag ge C.Resumes of Our Kev Staff 1. ,tames L. Mercer, President-Atlanta and Santa He Offices; Prooecl Support Mr. Merger holds a '_Master cal'Business Administration degree from the l.:niversity of hey ada_ Reno.and a Bachelor of Science degree in Industrial Management from the same institution. Fle has also received a Certificate in Municipal Ndmin stration from the University of North Carolina at Chapel Hill and is a graduate of the Executive Development Prog7am at Cornell Universiq. Mr. Mercer is a Certified Management Consultant (.CMQ and has more than b years of expc:ience in executive search and management consulting. Ile has authored or co- authored five boobs and: has written more than '50 arl.icles can various management topics. His e:Xperience Cover's the foll038-ing functional areas: executive search, organization and operations ;analysis. manage:miunl sy-stems_ pmductivity improvement. seminars/training, goal setting. strategic planning. pri-atization.go- enrmeaL consolidation,and general consulting- Prior to fowidint, The Me e°r Group. Inc.. Mr. Mercer held position~ as President of Mercer. Slavin & Nevins. Inc_,- Regional Vice: President of Wolfe c$: Associates. Inc.; Partner and Vic~ President (if Korn/Ferry international: General Manager of Battelle Southern Operations: Nationa Prngram Director for Public Technology. Inc.: and assistant City- Manager of Raleigh. North Carolina. IIc has a1w) been President ol'Jame:s Merger& .Associates. Inc.. and has served as Director of Govemnicrit Consulting Services for Coopers & Lybrand in the Southeast and Southwest, and Director of the Industrial Extension Division for Georgia Tech. 2. W. D.Hiaewinhotham,Jr.,Senior Viet President- Florida Ofl!ice; Project Lead Mr. Hi ginbotham's distinguished public sector career of over 30 years has included serving as chief executive ot3ticer and thief financial officer of cities in Florida and C alilomia. lie served as City Manager of Gainesville. Florida. Melbourne Beach, Florida. Surfside. Florida, and Madeira Reach.Florida ranging in population from 3.1 Ott to 1_'3.100 and Assistant City Manager and CFO in fiaker,tie ld, C'afifornia u°ith a population of 352. 00. Mr. Higginbotham also served eight years as the Director of Economic Development for the eleven (11) county, 7.000 square mile area of the North Central Florida Regional Planning Council. After being recruited by the International CityXountk Management Association (ICM-A) on behalf' of the Department of Defense,his service to Florida cities ww;briefly= into nipted in late:2007 and early 1-008 when lie served in Baghdad. lydq as a me m1wer cal`the united States Provincial Reconstruction Team. lie is an active member of ICN A and the Florida City- and County Management Association (FCC-%W) and haq been recognized by both organizations for over 25 years in the leie;dl government management profession. Mr. I figginbotham's particular areass of expertise are executive search. organizational development and economic development- in addition to graduating from Tulane University wfire he e:arnerd his C en ficale in Accounting. lie has completed and instructed training programs at the Frnergency Management Institute(FEM. A)in Emmitsburg, Maryland in Disaster Preparedness and Di5wter Resistant Jobs Training.'TRAIN-T IE--TRAINI=R. The:fiercer 0roup,Inc.for type Oty:of Delray Bir-ach,Florida --- Page 3 3. Karcilvn Prince-Mercer,Senior Vke President- Santa Fe Office; Proiect Suattnrt Ms. Prince-Mercer received. her Bachelor of Arts degree in History with mhiors in Art. Political Science:and ! ducation from the University ofNevada. She received her Doctor of JurisPradence degree from Wootirou Wilson College of LwA,_ She is licensed to practice law in New Me=xico and in Georgia, She has practiced law for over 20 years beginning in Georgia. \GIs. P'rinee-Merctr is also qualified to administer and interpret the Myers-Brior s 'rvpc Indicator (MBTI) instruments. Ms. Prince-Mercer also specializes in public sector executive search. She has been in management consulting,for over eighteen years. She has experience working in executive%eareb .uid has conducted several city manager searches. She has workQ on several 611 ncanagersradministrators marches With Mr. Mercer over the post years. She also has experience with compensation and classification, and with organization and inianagernem Studies. Ms- Prince-Mercer is also active in recruitment for other fields in the public sector. 4, Time Commitments Our firm members have the quality time to devote to this search so as to meet Delray Beach's needs. it,CITY/COUNTY MANAGER SEARCHES AND REFERENCES The Following. List of .Searches are limited to CfTKUOL'NrY M4JVACFRS A.-VD AD11 IN I,S TRA TORS to avoid the fist being yoluminamy. City Managers/Administratom Akron. Ohio-Assistant.to the Mayor Alachua. Florida-City Manager- 3001 ,Alamogordo,New Mexic=o-City Manager-2(Y)9 Albany,Georgia-Assistant City Manager(Limited Sex)pe Search.)- 2000 Angel Fire,New Mexico- Village Manager- 011 Angel fire.New Mexico- Towm Administrator(Limited Scope St=arch)-2000 Andrews, Texas-City Manager-2(.14)[.? ,Ann Arbor.. Michigan City Administrator-2001 Anti Arbor.Michigan -City Administrator- 1995 Ann Arbor.. Michigan- City Administrator- 1988 Arkansas City, Kansas- City iAanzgyer-2_006 Arlington.'Texas- City Manager-301 1 Arlington.Tcxas-Assistant City Manager Aspen.Colorado-City Manager- 1989 .,Athens/t'larke County Unified Govcrxtrttcnt,Georgia-Manage--3000 Athens/Clarke C=ounty Unified Ciovernment.(ieorgia-Manager- 1995 Aurura,Colorado -City Manager- 1989 Atn,tia. 'Texas-City Manager- 1988 Avondale, Arizona-City Mmi atger-20OU Aztec, New Mexico -C'tv Manager - 2009 The,Mercer Group,Inc.for the City of Delray Beach,Florida Page 4 I3ar�`-or. Maine-Ci College Park, Marv°Iand - City Manager 2004 C'ollell-N Park.. Maryland- City Manager-2002 Coliege Station. Texas- City Manager- 2006 College Station. Texas- Assistant City M<trlaL-Cr(2)- 2006 '-Colima,California-City Manager- 1998 Columbia- South Carolina-City='Manager-2009 Columbia. South Carolina-City Managger- 1997 Columbus.Georgia-City Manager- 199 Concord,:North Carolina -City Manager- 1999 Coral Springs. Florida- Assistant City Manager-2000 *C'otati, California-City 'Manager- 1997 Covington..Georgia- City Manager- 201 a C ovinl ton, Washington-Clity Manager-2006 C ulpe.per, Virginia-I own Manager- 2000 I�Daly>City,Califonni<s- assistant C:iq Manager- 1995 Danville, Kentucky -City Manager-2011 Danville. Virginia-City Manager- 1999 *Danville, Virginia -City Manager-2008 Davic.Florida-Town Administrator- 19Wy Dayton, Ohio- City Manager-2006 Davlon_ Ohio - Assistant City Manager 0-Ix-rations-21007 Dayton, Ohio -Assistant City Manageri'Fconomic Development-2007 Daytona Beach, Florida- City Manager- 20L12 Decatur Illinois-City Manager- 2008 Decatur. Illinois - City Manager- 1987 Deerfield Beach, Florida-City Manager- 1989 DeKalb, Illinois-City Manager- 1,998 Delaware,Ohio-City Manager- 1798 Delray Beach, Florida- City Manager- 1986) Del Rio, Texas-City Manaacr(Limited Scope Search)- 1995 Derby. Kansas -City Manager-?001 Dothan. Alabama - 6ty Manager-2002 Downer s Csrove_ 11 linois- Village Manager- 2005 Dublin,Ohio-City Manager-2008 Durham.North Carolina-C:it r Manager-2008 Durham.North Carolina-City :Manager- 2004 Last Point,Georgia-City Manager-2012 ruts[Point.Georgia-City Manager- 1999 East 11�)Int.Qeorgia-City Manager- 1996 l ata Clain:, Wisconsin-City Manager-1-006 Elkhart, Kansas-City Administrator(Limited Scope Search) - 2000 FIoy,Arizona-City Manager-2000 L:1 Paso. Texas- City Manager 2004 F.l Reno,Oklahoma-City Manager-2006 Enid, Oklahoma-City 1Vlanager- 1997 *17.ztcinitas,California-City Manager- 1999 Erie. Colorado-Town Administrator- 2011 Espanola.New Mexia)-City Manager _ 2008 The Iviercer Group, Inc.for the City of Uelray Reach,Florida Page 6 Estes Park. Colorado - Tovar Administrator-2011 Fugene. Oregon -Assistant City Manitger Eustis.Florida-City Manage,-3007 Evanston. Illinois-City Manager- 1996 Evanston. Illinois-.Assistant City:Manager }airfield,Iowa -City Administrator-`010 Fairmont.Minnesota-City Administrator- 1;988 *Favettevitle.North Carolina-2008 Federal Heigh'ts.Colorado -City Manager-'-f)07 Federal Heights,Colorado -City Manager-2004 Federal Way. Washington -City Manager- 1 9914 Flint. Michigan -City Adm..InIstrator-2001 I'lorence, South Carolina-City Manager- 1996 l=lorencc., South Carolina -City Manager-2011 Fort Lauderda1 .F iorida -City Manager- 1998 Form Smith,Arkansas-City Adminislrator--•2008 Fort Smith,Arkansas-City AdnuWstratar-2006 Fountain Hills. Arizona- Toti%,n Manager-2011 FounWn l IiIIS. Arizona-To%j n Manar-er-2002 Frankfort.Kentuc: y-City Manager 2003 Franklin Village. Michigan-Village Avdininistrator - 1998 Gainesville, Florida City Manager-2005 Gainesville.Florida-City Managw- 1995 Galesburg, Illinois- City Manager-2000 Gastonia.Forth Carolina-City Manager-'2'007 Glen Ellyn, Illinois -Village Manager- 2008 Ellen Ellyn. Illinois - Village Manager-2006 Glencoe. Illinois-Village Manager-2000 E;'Iendale. Arizona-Assistant City Manager-2010 Glendale:,.Art/Ama- Deputy City Manager- 2010 t riendaie. Arizona- De uty City Manager(" Positions)-2004 GEenview. Illino-is- Village Manager-2001 Glenwood. Illinois-Village Administrator-2008 Glenn Neighi.s, Texas-City Manager-2006 Cialdshirre. North Carolina-City Manager-201: Goldsboro. North Carolina-City Manager-2004 Goodyear, An7ona-City Manager-2007 Grand Island,Nehrw%ka-C ty Administrator-2007 Grand Ledge.!Michigan-Cit-y Administrator- 1999 Granville, Ohio- Tillage Manager-2005 Greeley.Colorado- Deputy City Manager-2006 Green Cove Springs, Florida-City Manager(Lirniteci Scope Search)- 1 997 *G'reenf eld, California-City, Manager- 098 Greensboro.North C'-aroiina-Assistant City Manager(Limited Scope Search) - 11196 *Greetwi"lit., :North Carolina-2007 C;ttlf'port.Florida-City Manager-2003 Gulfport.Florida-City:'Manager- 1989 C;VR Metropolitan District.Green Valley Ranch, Denver.Colorado- District Manager 2008 The Mercer Group,Inc.for the City,of Delray Beach,Florida Page 7 I lampton. Virginia-City Manager—2009 I lampton. Virginia -City Manager- 1984 Hampton. Virginia - .Assistant City :vianagcr �.Healdshurg,California -City Manager- 1995 1 lig,hlwid Park,Michigan- Interim City Manager-2002-2003 1 tigh Point.North.Carolina-Assistant City Manager Holland, :Michigan-City Manager-1011 1lo%v li.. Michigan- Deputy City Manager for Financial Services-2004 Huber Heights,Ohio-City Ma nagur-2000 Hudson, Ohio-City Manager- 1997 Hyattsville, Maryland-City Administrator-2010 independence,Mlismmri -:'Assistant City Manager Indian Rocks Beach,Florida -City,Manager(Limilcd Scope Search)- 1997 Indian [tacks Beach. Florida- Interim City Nianager(.Assist)-2005 Jndian Trail.North Carolina-Tomm Manager-2009 Jackson.Michigan -City Manager-2004 Jackson. Michigan -City Manager- 1996 Jacksonvilie.North Carolinas-City Manager- 2010 Jacksonville. North Carolina-City Manager-2005 Jacksonville.North Carolina-City Manager - 1998 Jacksonville, North Carolina- Assistant City.Manager—2007 Jer.Wy City. New Jersey''- Assistant.Business;Manager Johns Creek,Georgia- City Manager-2006 Johnson City, Tennessee-City Manager-2005 Joplin, Missouri - City Manager- 2004 Kc nt,Chin -City Manager-2005 Kent. Ohio -City Manager- 1997 Kettering.Ohio-Assistant City Manager Kingsport,Tennessee-City Mianaler-1999 Lakeland, Florida-City Manager-200 Lakeland.Florida- Assistant to the City Manager-2004 "Lakeport,C.'.01brniat-City Manager-2001 Labe Worth.Florida-City Manager•- 2009 Las Vegas,New Mexico -City Manager-2009 Launriburg.North Carolina-City Manager- 1999 Lapeer,Michigan- City Manager-2002 League City.']eras- City Manager-2012 t_eugue City,Tc xas- C'ity Administrator-2009 T,uague City,Texas-Assistant City Manager for Public Works-2009 League City,Texas-City Administrator-2004 Lee's'Summit, Missouri - City Manager- 2008 I..iherty,'Texas-C'ity Manager-2007 Littleton.Colorado- City Manager-2011 *Livermore.,California-City Manager-2000 :`Livennore,California-Assistant City Manager-2001 Longboat Key,Florida - l'owm Manager- 1997 Longboat Key,Florida- Towm Manager- 1993 Longboat Key, Florida - Assistant To-Am Manager— 1990 The Mercer Group,Inc.for the City of Delray Beach,Florida page t3 Ilros Altos. Calilarnia-City Mankeer— 1998 Los Angeles. California-Chief Lewislative Analyst-3005 Loijisville.Ohio- City Manager-2001 Lower'1+Ierion Township. Pennsylvania - Assistant Township Manager Macon,Georgia - C'hief' Administrative Officer-2008 Manistee.Michigmi- Cit. Manager. 2001 Marco Island. Florida-City Manager-2004 Martinsville, Virginia-C iq Manager-2001 lVlason. Ohio-City Manager-2000 Matthews.North Carolina- Tov--n Manager-2003 McAlester. Oklahoma-City Manager(Limited ScoN.Search)-2006 McKinney. Texas-Assistant City Manager-2006, Melbourne. Florida-City Manager-2002 Middletown,Ohio-City Manager- 1984 Middletown, Pennsylvania-Borough ;'Manager—22001 Midland,"I'cxas-City Manager— 2008 *Mill Valley.CallIbmia-City Manager- 1999 Minneapolis,Minnesota - Assistant City Coordinator Minnetonka. Minnesota-City Mariager-2000 Minster. Ohio- Village Administrator- 1986 Monroe. Michigan -City Manager�- 199 Monmouth, Illinois -City Administrator- 2007 Montgomery. Illinois-Village Manager- 2-000 Mooresville.North Carolina- Town Manager- '008 "'Morgan Hill,Califomia-CitY Manager- 1996 Mound, Minnesota-City Manager-2000 Mount.I lol ly_ North Carolina -City Manager-2007 Muscatine. Iowa-City Administrator-2009 Naples, Florida- City Manager- 2007 Naples.Florida-City Manager-200 lticgaunee, Michigan -C'ity Manager-300 Newburg lt,New York - City Manager-2010 Newport :News. Virginia-City Manager-2005 Norfolk. Virginia -City Manager- 1999 North Miami. Florida- City Manager-2002 Northglenn,Colorado-City Manager-2001 Northville Township.Michigan- •T'owztship.Administrator- 1999 North Mvrtle Beach. South Carolina-City Mtunager- 2010 North M�rtic Beach, South Caro ina-City Manager- 2003 North ,Myrtle Beach, South Carolina- City Manager- 1997 North Myrtie Reach. South Carolina- Assistant City Manager-2008 North fort,Florida Assistant City Manager(Limited Scope Search)-2003 North Port. Florida-Assistant City Manager(Limited Scope Scarch,)-2002 'I Novato.California - Ass,istaant City 1'vanager-2002 Oak Ridge.,Tennlsscc- City Manager-2010 Oak Ridge.Tenncssce-City Manager-2003 *Oakland Park. Florida-Assistant City Manager-2004 Oakland Park. Florida-t1,5-sistwit City Munuger—2002 The Mercer Group,Inc.for the Uty of Delray Beach,Florida - - Page 9 Oklahoma City,Oklahoma-City Manager— 1986 Oklahoma City. Oklahoma-Assistant City Manager Onvvnla.Nm%- York-Cite Manager-2012 Oriando. Florida-Chlef Administrative Officer-2005 Overland Park. Kansas-City Manager-2010 Oxf nd.Ohio-City Manager-2007 *Oxnard. California.-City Manager- 1997 Paducah. KentuckN -City 'Manager-2010 Paa€osat:springs. Colorado-Town Manager- 2008 Parker. Colorado-Town e wn Administrator-20A5 Pasadena,California-Assistant City Manager l coda, Illinois-City Manager-2008 Payson.Arizona-Town Manager-2002 'Petalunia. California-City Manager- 1996 Petoskey, Mich]gan - City Manager—'2009 Phoenix.Arizona-City Manager 1989 Pineville. North Carolina-T°c>v►rn il9anager-201? Piqua, Ohio - City "Manager-2005 Pittsburg. Kansas-Cite Manager-2012 Plainview. Texas -City Manager-2003 Pompano Reach. Florida- City Manager— 2009 Ponce Inlet,I°lorid a-Town Manager-2001 Port Arthur. 'Texas-City Manager-3011 Port Huron,Michigan-City Manager- 1997 T oTu,mouth. Virginia - City Manager-2000 '-Port,sniouth, Virginia - City'Manager 2009 Powder Springs. Georgia -City Manager-2006 Prairie Village. Kansas-City Administrator- 2007 Pueblo,Colorado-Assistant City Manager Punta Gorda, Florida-City Manager-2001 Ptmta Gorda. Florida- City Manager- I()r98 Pinta Gorda, Florida- City Manager- 1 995 (tuesta. bleu Mexico- Village Administrator- 2011 Raleigh.North Carolina- Assistant to the City Manager- 1971 Raleigh.North Carolina-City.Manager-2000 Raton. New Mexico-City Manager-2011 Reading. Pennsylvania-Managing Director-2003 4-Reno. Ne-vada-City Manager- 1995 Richland. Washington-City, Manager-2007 Richland, Washington-City Manager- 19108 Richland, Washington-City Manager(Limited Scope Search) - _7000 Richmond, Michigan-City Manager- 1998 Richmond. Virginia-Chief Administrative Officer-2009 Rin Rancho.New'.Memco -City Administrator-200: Roanoke_ Virginia-City Manager- 1999 Rock I fill,South Carolina- City Manager-2001 R(wk Hill, South.Carolina-City Manager- 199; Rockport,Texas-City Manager 2011 The Mercer Group,Inc:.for the City ot'Delray Beach,Florida Page 10 Rockville. Maryland - City- Manager 1998 Safety harbor. Florida-City,Managt r-2006 Saint Clair Shores, Michigan-City Manager-2013 Sandy= Springs, Georgia- City Manager-2005 San Diego. Calif'rtrnia- Deputy City Manager- 4988 *.%n Diego. California- Assistant City Manager-2000 San Jose.California- Assistant City Manager '-,San Rafae►,California-City Manager- 1996 *Santa Rasa.California- City Maanager-2000 Sarasota. Florida-City Manager-2+007 Sarasota, Florida-City Manager- 1()86 Sardtoga. California.-Otyt Manager-2000 #Saratoga.California-City Manager- 1997 Savannah_ Georgia- City Manager- 1994 S herid=_Colorado- City Manager—"01 I Sioux City. Iowa-Assistant City Manager Snellville.Georgia-City Manager-2008 *Sala im Beach.California- City 'Manager- 2002 South Brunswick Tovartship.Neu;Jersey-Township-Administrator- 1987 South heaven, Miebigan - City Manager- 1999 Southlakc. Texas-Assistant City Manager—2005 South Miami. Florida- City Manager-2010 South Miarni, Florida- City.Manager- 2003 Southfield. V-1ichigan-City Adminisirator- 1939 Sparks. Nevadaa-City Manager- 1989 Spartanburg. South Carolina-City Manager-2001 Spartanburg_ South Carolina-City Manager- 199.5 Spartanburg. South Carolina-City Manager- 1984 St_ Pete Beach.Florida- City Manager-2001 St. Petersburg. Florida- Assistant City Manager St. Petersburg, Florida- Deputy City MManager Public Works - 1988 Suffolk, Virginia-City Manager-2002 Sun-n lake Sebring>. Improvement District. Florida-General '1 onager-2000 Sun'n Lake Sebring Improvement District.Florida-General Manager-2004 .Stan°n Lake Sebring Improvement District,Florida-General Manager-2002 Sunrise, Florida- City Manager- 1989 Su., Valley. Idaho-City Adrr inisirator-2012 Superior.Colorado-Tow-n Manager-2006 Svvartz Creek,Michigan- City klariagcr-2000 1aos,New Mexico- City Manager(I..imited Scope)- 201 T akotmFa Park. Maryland - City Manager-2013 Takoma Park,Maryland-Oty Manager-2004 Talladega. Aiab4arna.-City Manager-2008 Tal ladeea_ Alaahaarna - C'ity,.Manager-200 TUIlahassee. Florida-City Manager- 1994 Temple,Tcxas.City;Manaagex-2004 *'bite Sea Ranch-Commun y Manugcr-2W,2 *1 buron,Calithmia-City AMankger—2000 The Mercer Group,Inc.for the City of I)elray Beach,Florida Page 11 Tifton.Georgia- City Manager -- 2007 Tifton. Georgia-City Manager- 1996 ['hnnat.h.Colorado-I own Manager-2011 Tipp City.Ohio-City Manager-2008 Topeka. Kansas-Assistant to the Mayor Topeka, Kansas-Chief Administrative Officer- 2IM2 7'racy. California- Deputy City Manager- 11499 1'ra erse City. Michigan-City Manager- 1987 Treasure Island, Florida-City Manager-2004 Treasure Island, Florida-City Manager- 1996 Trophy Club.Texas-!'own Manager-2010 Troy. Michigan-City Manager-201 Tucson.Arizona-City Manager-2004 Tucson,Arizona-Assistant Citv Manager *i!nion City. C:'alifornia- City Manager— 19+95 Union City. Georgia -City Administrator 2007 University City, Missouri -Cilti 'Manager- 200 Vero Beach,Florida-City Manager- 2004 Villa I'ark. Illinois- Village Manager-2011 Virginia Beach.Virginia -City Manager- 1991 Virginia Beach. Virginia- Deputy City Manager- 1997 Wentzville.Missouri - City Administrator- 201' Wentzville. :Missouri-City Administrator-201 West Ilartford.Connecticut- Assistant City Manager Westminster. Colonado-City Manager-2000 Westminster. Maryland- City Administrator-2046 %Vest Palm Beach. Florida-City Manager- 1988 Westerville.Ohio- City Manager-2007 ' hitc House. Tennessee -City Administrator-2012 W-!rite I louse. Tennessee-City Administrator-2-005 Wichita_ Kansas-City Manager(Limited Scope Search)-2008 Wichita Falls. Texas-City Manager- 2005 ,X'ilmington,'vorth Carolina- City Manager-27002 Wilmington,North Carolina- Deputy City Manage--2003 Wilson. North Carolina-City Manager-2004 Winchester..Virginia-City Manager-2011 Winter I laven- Florida -City Manager-2001 % inter I liven. Florida -City Manager- 1 986 Wood-stock.Georgia-City :'Manager- 20445 Worcester. Massachusetts-City Manager:- 199-3 Worc:esier, ?Massachusetts-Assistant City Manager Worthington. Minnesota-City 'Manager- 1988 Wturthington. Ohio- City Manager-2007 1,Vyl ie.Texas-City Manager-2004 Yankton,South Dakota- City Manager-2012 York. Pennsylvania- Business Administrator&Assistant Solicitor-2000 The Mercer Group,Inc:.for the City of Delray Beach.Florida Page:12 Couny,,ManaeerslAdministrators Alachua County. Florida-County Manager - t 999 Alachua County. Florida-County'Manager- t 484 Arapahoe County,Colorado-County Achninisteaator- 1999 Athen:9XIarke County Ctnified Government,Georgia- Manager- 199; AthensfClarkc County I in]fied Government.Gety-gi:a- Manager-20011 Beaufort County. South Carolina- County Administrator- 1992 Remalillo County, New Mexico-County Manager-2011 Rroward County. Fiorida-Assistant to the County Administrator for Affordable Housing-2004 Butler County--. Uhio- County Administrator-2011 Charleston County, South Camlina-County Administrator-2008 Charles+on County, South Carolina-County Administrator- 1998 Charlotte County.Florida-County .),dininistrator-2002 Charlotte County.Florida -County Administrator- 1995 Chesterfield County. Virginia-County Administrator 1983 Clarke County,Georgia-County AdministrdtoT- 1984 Collier County. Florida- County Admministrator(Limited Scope Search)-2000 Desoto County. 11orida - County Administrator-2005 Fairfax County. Virginia -County Fxtcutivc- 1980 Oastr►n County,North Carolina-County Manager- 2013 Grady County,Georgia- County Administrator(Umited Scope Search)- 1999 Gwinneit County. Georgia-County Manager— 1987 Gw inneil County, Georgia-Executive Assistant to the Beard - 1985 Hamilton County. Ohio-County Administrator-2005 l lenrico County, Virginia-Assistant County Manager 1 lenry-County,Georgia-County Administrator- 1984 1lernando County. Florida -County Administrator-2000 Ilillsborou jm County, Florida-County Administrator- 1986 Hillsborough County, Florida-Deputy County Administrator- 2004 Hillsborough County, Florida-Assistant County Administrator for Human Services-2004 Hillsborough County. Florida-Assistant County Administrator for Development and Infrastructure-2006 Horny,County, South Carolina-County Administrator-2009 Indian Rivcr County, Florida-County Administrator- 1987 Jacks-on County, Missouri-Chief Administrative Officer-2007 J:acksort County-_ Missouri -Deputy Chief Administrative Officer-2007 Jellirsnn Parish. Louisiana-Assistant to the Parish President Johnson Cuun0% K=sas-County Adminis rator- 1998 Lee County. Virginia-County Administrator- 1991 Leon County, F lorida- County Administrator- 1484 Leon County. Florida- Assistant County- Administrator- 1989 Long, County. Georgia- County Administrator-:2009 Los Alamos County,New Mexico- County Administrator- '003 I os Alamos County, NmN Mexico-Gaunt}Administrator- 1998 Lowndes County,Georgia-County Manager-21001 Manatee County,Florida-County Acrdministratot- 1993 Manatee County.Florida-County Administrator-- 1984 The Mercer Group,Inc_for the City of Delray Beach,Florida -- Page 13 Martin County, Florida-:'Assistant County: Administrator-2006 Mesa C ounq Colorado -County Administrator- 2011 'N-ashvillc.Maaxidson Cuutnty . Tennessee -Assistant to the Mayor Northampton County, Virginia- County Administrator- 1 X199 *Nye County. Nevada-County Manager- 1998 Oconee County,South Carolina- County,Administrator-2010 (range County. Forth Carolina-County Manager- 2009 {'fringe County. ?forth Carolina-County Manager- 2006 orange County. ?north Carolina-County Manager- 1987 Osceola County, Florida -County Administrator-2003 Pahn 13mh County, F]orida-County Administrator- 1985 Park County,Colorado-County Administrator-2011 Pinal County.Arizona-County Manager-2013 Polk County. Florida-County Administrator- 1989 Prince %killiani County, Virginia-Count} Eximutire- 1990 Ramsey County. Minnesota-County Manager- 1999 Richland County, South Carolina-County Administrator 2006 St. Louis County:,:Minnesota-County:Administrator- 1987 Santa Rosa County. Florida-County-Administrator- 1988 Sarasota County. Florida-County Administrator- 2011 Spartanburg County. South Carolina -County Administrator- 1999 Stafford County- Virginia-County Administrator- 2002 summit County.Colorado -County Manager- 2007 Summit County.Colorado -County Manager-2001 Sttn'3ter County. Florida-County Administrator-2011 Sumter County, Florida-C:otunty Administrator-2005 Sumter County. Florida - Interim Assistant County AdtninistratorA(iministrative Services Director-2006 Sumter County. Georgia-County 'administrator- 2011 Union County.North Carolina-County Manager-1-008 Union County. North Carolina-Count}'Manager- 2001 Union County, North Carolina-Assistant County Manager-2007 Volusia County. Florida-County 'Manager- 1995 Wisc County, Virginia-County Administrator-2001 BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK The Mercer Group,lnr.for the City of Delray Reach,,Florida Page 14 REFERENCES Mayor Alonzo King City o3'Cooldiboro; population: 38-3 131 City° 11all.200 North Center Stmt Goldsboro..,NW 27530 c o mhre4tie�Ta dpi. coldtiln�►ts�,rac,us Cit%• Manaaer.Search _ -- Mayor Toni Bechar City(of Oak Ridge;population: 27.378 200 W Tulane Avenue (.7ak ltidg�. '1'J 37x;0 863-435-343'_' tbeehsn.0 !TLH.i� City Manager Search Ms- Hydie Poacher. S1111R, Director of']luman Re:�:twec s; Clerk of the Circuit Court_ Sarasota County. F1.:population 382'13 2000 Main Street SarasouL Fl. ;423'_' 941-861-7618 cpeachen •k�ct Din xtor of intcrnaI Audit Scareb Mayer Wes Perry City ol'Midland: population: 103.880 300 N Loraine/, cnue Midland.TX 79701 432-686-5000 w ewiw-c giresourecs.cown City Manager Search )mayor(Dr.) Robert Cluck City of Arlington.- population: 364,000 101 W Abram Street Arlington.TX 76004 817-459-6122 r�ilyc:rt cluck' arlinV_ont%-9I w C by Manager Search Ms. Su.SSm Goebe!-Canning„ [).rector of Environmental Services I Icniando County Florida:population 172.778 21 030 Cortex Boulevard Brooksville, F I. 34601 352-751-4368. ext. 35142 ?��:'i7f�T1��i,t�!!°C4l.I�_l'I•I1i13�416 7.�1.U Fngineerinl3 Division Manager Search The Mercer Group,1rte.For the City of Delray Beach,Florida _---- Page 15 J:arnc-s B. Allen Sec etar'+'Txecutive Director C ornnionuaalth of Pennsylvania Pennsylvania Municipal Retirement System 1010 7'h Street, Suite 30 1larrishurg-.PA 17102 717-787-2065 SecretaryfExecutiv. Director Search May(w Marilyn Hatlev City of Kurth Myrtle Beach; pop.ulation: 15.000 1018 Second Avenue South North rile Ruch. SC 29582 84:3_280-5526 ttaayorlaaticvw n-m�rtie-bcaeh.se.us City Manager Search Mr. Russell Blackbum. City Maraiger City ol'Cd nesville:population: 124.354 200 East University Avenue Gaines,ville. 1'L• 32001 352-334-5010 lrlackhurnrdw eihofk aintsi ille.or� City Search. Risk Management Director Search; Utility Communication Director S-earch; Utility B.naineer Search Mr. Ron Scott.City Manager City I)t'Danville; population: 16.218 445 W Main Street Dwiville. KY 40423 853-238-1200 r:; uffu danvillckv.org City Manager Search- Chief u1 lolice Search Ms. Kristy Stallings. Deputy City Manager Cit}'of Overland Park;population:275.000 8500 Santa Fe Drive {)v rland lark. KS 66212 913-895-M52 52 krastv.%t allingsiu unkxnsaa.org Manager Search The Mercer Group, Inc.lbr We City ol-Delray Beach,Florida Page 16 Ill. SERVICES.TIMELINE,AND FEES Our Firm's Approach, Work Plan Tanal Eanl►loa<m€nt Opportunity Statement, Timeline of Acth itv Pursuant to Scope of Services and Fees A. Proiect Understanding and Annronch It is nut undersuanding that Delray- Beach is in need of 1`xecutir a Search Services for City Manager Recruitment. It is our understanding that the scope of wo& search and recruitment semices shall include,but neat be litnited to.the follu%-ing: • De1°ataing the position profile. • Sourcing qualified candidates, • Evaluatim,prospective candidates. • Selection and empInvinent. iIr alJeetives that we will meet in order to Find the best qualified candidates for the City Manager position are as follmvs: • To conduct tin-site needs assessment for the nev4 City Manager. • To develop a comprehensive position profile. • rt) t'ncouragk top level people to apply who would otherwise be reluctant to respond to an advertisenlent. + To save a considerable a,muol of the City Cbimr liss'ion's time in cstaW ping a position profile and reviewing applicants. • To comply with appropriate personnel regulation% and state laves (i.c.. EEO. A.iinnativ e Action and AI)A). • To independently and objectivcly asses the qualifications and suitability of candidates liar the position- • To recommend a pool of finalist candidates to the City. To coordinate.finalist candidate interviews with the C"ily. • To mail an information,racket supplied by the City to all qua5ficd applicants. To respond to all candidate inquiries and produce all corresponderwe during the- search_ • To preserve the confidentiality of inquiries to the degree:possible under Florida law. • To assist the C'ity vi reaching a Final decision. • To assist in negotiating a compensation package ,%rith the successful candidate on behalf of the City. • To keep the- City closely inv(Aved in key decisions and infurnied of our progress. 7 lie scope of the project will be su#ficientl} broad and in-depth%o as to meet the requirements of Delray Beach. Our approach and stele are interac:tivc; Av form a partnership with our client to conduct a prgject from which Delray Bcach will benefit through case of implementation. The Mercer Group,Inc.for the City of Delray Beacb,Fiorida I'age 17 B. Work Plan; Clutryaclh,Candidate Screcninz Background Work-,lntenjew & Follow Up We rcoonimend e.seven (7)-step search process as follows. I. Position Analysis : We will define work relationships.job qualifications and require- ments fiir die:position -the "Position Profile". 2, Recruitment Process - We will recruit State-aide. regionally, and notionally for the position and network to locate qualified candidates. 3. Resume Review-- We will identify qualified candidates. 4. Candidate Screeninz-We will thoroughly screen prospective candidates. Ji. Background Investigation- We v4ill thoroughly evaluate prospective candidates. 6. 1 nterview Process -We will make recommendations and assist in sseiection. 7. Notintion and )Hollow-up - We will facilitate employment and follow-up to ensure complete integrity ofthe process. 1. Position Analysis 'Vvc ~will have extensive consultation -%Ath Delray Beach's City Commission and!dr key staff as well as other individuals or groups (as the Commission wished) to determine the City's vi.slonimi-mion. goals and objectives, the needs and issues. requirements of the job. and to obtain information about the environment within which the position functions. During this process, we will initiate individual interview°s with citizen organizations. department hefids and key staff,and others of'your choice to identify expectations,perceptions, and concerns rc ardint,,the position, In addition. we will spend a considerable amount of time at the beginning of the process with the City Commission in order to determine the level of experience and training nee-ded. As noted curlier. Mr. Higginbotham's 0 years of local government experience snake him uniquely qualified to lead this search for the new City'Manager. Based on those meetings. we will prepare a draft position profile and review- it with the City C.'ommission in order to arrive at a general agreement regarding the specifications. for the position. The final position pro-rile will include information about Delray Beach. the City ("IOrnmission, staff. major issues to be faced, the position, and the selection criteria established. Z. Recruitment Process Because we have recently completed :similar searches, vve will first review our database to determine those candidates whom we may. already, know andlor already have on file who inay meet the City's specifications. Although this process is valuable, we will rely most heavily on our own contacts in the administrdticm.'managemcnt field and can our own experience. Through "networking" we will Conduct a naticne-wide search for the hest qualified candidates and invite them to apply fi>r the position. Based on our discussions with Delray Beach's Conunission, we will place ads in professional journals. on;ine at appropriate websites that specialize in and attract high quality management atteii tion..and in various minoritw and women's publications to encounige applicants to apply. The Mercer Group,Inc.for the City of Deli say Beach,Florida __. Page 18 3. Resume Review. Wee will review and analyze each applicont's background and experience against the position description criteria. We will acknowledge all rersuntc:s rcceiv°c%A: and keep candidates informed of their status. 4. Candidate Screening Criteria for the preliminary screening will be contained in the approved "Recruitment Profile They may include such iterns as education. technica knowledge. experience. accomplishments. management style. personal traits, etc. Screening of candidates against those criteria will be bASC-d on data contained in the resumes and otlwr data provided by the candidates and o,ri our knowledge of the organizations in which they work_ At this stage. each must meet the tninimum qualifications specili d in the Recruitmcnt Profile. 1)ir'e; will be responsible for screening the applications received. This initial screening will be conducied by Mr. Iligginhotham (lead recruiter) by telephone with the prospective candidate. We vvlill cx)nduct interviews with re(i renccs who may know the candidate's background and expertise by telephone. Where feasible, vve %ill also conduct personal Bice-tai-face interviews with top candidates. Once the initiai screening is completed, we will select the prospective candidates who mast closely match the criteria established by Delray Beach. The output of this step in the process will be a matrix display° of the top candidates shovkrying hove each rates against the selection criteria established by the City_ This matrix vwill be reviewed with Delray Beach's City ('ommission in group and or individual meetings and guidance ob,tainc:d prior to proceeding. One contingency here is that the City may, not approve of any of-the candidates. if that should occur.we would, of course. keep searching until the City°s needs are clearly met. Amer review by Delray Beach. we will personally interview each candidate using various iniervie:w techniques. We will closely examirie theirexperience.qualifications and achievements in vievv of the selection criteria and our professional expertise.in evaluating the quality of such qualifications and achievements. We also request that all candidates provide us, in writing, substantial information about their accomplishments and their txtanagemrnt style,and phile+sophyz this intormation will be verified. 5. Background Investigations As part of our process in evaluating top candidates, we mak-c detailed and extensive reference checks. In condw:ling these, it is our pr-autice to speak- directly to individuals who are now or have previously been in a position to evaluate the candidates job nert`or ianc e- The Mercer Croup,Inc.for the Cety of Delray Beach.Florida __ Page 19 We ask each candidate to provide us with a large number of references. We then network these references to other persons who know- the candidate. In this way. we thoroughly evaluate each candidate. 'We have had occasion to talk to more than 20 references concerning a single finalist candidate. These; references and evaluations are combined to provide: t"rank and objective appraisals of the top candidates. We also verify past employment difficulties. if any. including reasonable due diligence on any legal action filed against current or former employers. As part of our ,.valuation process. we v°erif, undergraduate and graduate collet a degrees. We zn:.mge for credit checks. criminal checks, and, as an additional option. can arrange: for psychological for similar) testing,of the candidates that may be desired. As a purl of this praiect we can provide the results of a manaf ement style inventory on the finalist candidates. We can ahso conduct a Myers-Briggs analysis oaf the team with the new team member for tram building purposes(these: ma. be extra cost items). We will present and discus,-5 background investigation criteria with the City°which will make the final decision on which candidates to interview. 6. Interview Process Rascal can the preceding steps. a recommended list of finalists For the position of City Manager will be compiled. We will prepare a written summary on each finalist. The information will c(_+ver, but not be limited to, 1) present position. 2) total years experience, 3) salary requirements, 4) education. 5) previous positions held. 6) notable projects, 7) management. style.. 8) shills and abilities. 9) interests.and 10)professional goals- This information will be presented to Delray Beach's City Commission in a detailed wTitte°n format combined with the results of the backgnwnd investigation and candidate screening. We will make a recommendation on a group of finalists, the site of which as directed by the City. Delray Reach's City Commission shall make the final decision on which and how many candidates will be interv=iewed. Our report will be presented in a meeting, in which we will discuss our recommendations and provide: background information, ;ample questions and a rating form flor the interviews. In particular. we will explain which. if any, of the applicants specifically meet the total criteria established by. the Council or whether the final group simply represents the best available talent. We will also provide the City Commission with our recommendations relative to timing, sequencing;. location, setting, f0nnat, and conduct of interviews with the finalists. We will provide information about trends in employment, employment contracts and agreements. relocation expenses. perquisites appropriate role for spouses, receptions. etc. We will wrange schLdulcs far top candidate interviews and will coordinate:the process. 7. hieeotiintion and Follow-up We vvill also assist in the negotiation process relative to salary. benefits and other conditions of employment. We feel that we can be especially helpful because we have proposed a fixed fee rather than one bagel on a percentage of salary_ One contingency here is that an agreement may not be able to be arrangod. lfthat is the case, we will work w-ith the City Commission to select an alternwe candidate. The Mercer Group,Inc.for the City of Delray Beach,Florida Page 20 We tell] properly handle any and all media relations. Unless otherwise directed, it is our standard practice to tel l all media that we are working on behalf of the Cit. Commission and that any public statement should come directly from the Commission. We will maintain Confidentiality of candidate information,as pt?ssible,under FlOnida late. Finally, we will. notify by letter all unsuccessful candidates who were not recommended ibr interview with the Delray Beach C'it%. Commission of the final decision reached. We suggest, however that it is more proper for the Commission to directly notify all unsuccessful candidates whom thev interviewed of the final result. We will keep the City Commission elcasely informed and involved in decisions concerning the search process at all times. We will prepare and send weekly c-snail updales, and a formal progress report at the mid-point of the search. I'ne%c reports will contain a progress report on the recruitment and sNei fir steps to be taken to meet the City's deadlines. Support ftom Delray Beach N%ill he needed. as follows: • Arranging interviews with Delray Beach's City Commission, staff and other as desired. • ProvidinS budget.organization charts and other documents. • Person and Place of contact for the search. C. F.uual Employment Opportunity Statement It is the polies= of The Mercer Group, Inc.. to assure equal opportunity based on ability and fitness for all cmployccs or applicant`s considered for our client organizations regardless of race. color. religion, sex. age, marital or veteran's status, national origin, or the presence of any° sensory. mental or physical disability. Such polic; shall apply. but not bi limited to. hiring, placement, job classification, transfer or promotion. demotion, recruitment. advertising or solicitation for employment, rates of pay or other forms of compensation, selection for training, career development,layoff or termination. This policy shall be disseminated its clients, subcontractor~, suppliers and prospective applicants. The intent of this Policy vvill apply to internal operations. recruitment and consulting activities conducted by our firm. BALANCE OF PAGE IN'TEN'FI ONALLY LEFT BLANK The Mercer Group,lnc.for the City of Delray Beach,Florida --`� Page 21 D. Project Schedule and Timeline(subject to approval or modification by the Cih.-) DELRAY REACH CITY MANAGER SEARCH kickoff Mci:ting with the City Commission One week followint award (Assume agrecinerrt.approved con July 15) acid execution cif agreement liueneiew=s.'Con.sultaiion.%with C'itr f_ommi4sion. Staff&Others to Develop Characteristics July 23-24,2014 and Attributes ofa Successful Candidate. Develop Compensation Package and Job Description. Approve R4:cru:atment Materials Julv 31,2014 .'access Data Raw for'[argeted Recruitment of Qualified(individuals and Place Ads August 1.2014 Send Recruitment Brochure4nv-itation Vetter August 1.2014 Outreach Telephone Calls Atigust 1=1-9. 2014 Acknowledge Receipt o1'Application Materials As received Cutoff Tate for Receipt of Applicatioiis August 29, 2414 Screen Appiicatiorts Against Selection Criteria iuiil Consultant -interviews o1'Tcop Candidates Ongoing to August 29. 2014 Meet with the Cite=Commission to Revitnv Top Candidates and Assist in September 5. 21 14 Selection of Finalists C:onducc Ref rcnce and Background Checks September 8-19,2014 Send Into ri ievv Guide to the Cih Commission of Selected Finalists September?4, 2014 Conduct Interview.%of Selected finalists September 2526-2014 ktake Selection September 215,2414 Negotime Agrocnient Week.of September 29, 2414 Notify Candidates Not Selected At close of search process IV Mercer Group,Mr.for the City of Deiray Beach,Florida Page 22 E. Cost Proposal for Professional Recruitment Services for City Manager The Mercer Group, Inc. proposes a total fee, including all expenses, for the Executive Search/Recruitment Services as a fixed amount of S14,750. There will be NO additional costs or expenses paid to The Mercer Group,Inc.for our services. lterns and their associated costs for our sen vices are as follows: Position Analysis.............................................................. $ 1.7-50 Outreach Campaign............................................................ 2500 Resume Revieww................................................---------........ 2,500 Candidate Screening............................................................ 2,750 Back-ground Investigation...................................................... )_250 Interview Process............................................................... 1.500 Negotiatk)n and Follow-up................................................... 5)00 ToTL FEE.........................................................$fi,_7iu The costs for final candidates to travel to Delray Beach for interviews, as the City C:ommiRsion desires, are not included. Such costs are normally paid by the client on a reimbursement basis, directly to the candidates. These crests are extremely difficult to citimatc because the? depend on where the candidates are located. In general, out-of-state costs run about $600 to $750 per person. Delray Beach's liability to `I'!te Mercer Group, Inc.. for services rendered under our agreement will not exceed the agreed upon price as stated above. We will submit regular invoices for our fees. It is our practice to bill one-third at the start of the search. one-third upon delivery of the semi-finalist application materials, and one-third upon selection of'the successful candidate. We will comply with all applicable laws, rules and regulations of federal, state and local government entities. Our ability to carry out the work acquired will lie heaviiy cic:pctident upon our past experience in providing similar service,to others.and %re expect to continue such wort~, in the future. We Null. to the degree possible. Preserve the confidential nature: of any information received from you or developed during the work in accordance with our professiona;standards. We assure you that we will devote our best efforts to carying out the engat cment. The results obtained. our reconuncndations and any written material provided by us will represent our hest judgment based on the information available to t+s. Our liabi ity. i�'anv, will not he greater than the amount paid to its for the services rendered. The hourly rate for any services the City might request outside the scope of items set torth in this proposal is$125.00 per hour. This proposal constitutes the agreement between us- It cannot be modified except in writing by both parties. Our agreement will to interpreted according to the lab's of the State:of Florida. The Mercer Group,Inc.for the City of Delray Beach,Florida Page 23 F. Additional Activities that Might he Helpful to the Recruitment and Selection Procem As Noted above, we can provide the results or a Management Style Inventory on the fatalist candidates. We can also conduct a %, 4)crs-Briggs analysis of the team with the new team incmK-r for team building Purposes.. (These may be extra cost items.j G. Proposal Acceptance This Ails; 10. 2014.proposa is accepted for the City of Delray Reach by: SIGNATURE: NAME: '1TTL1 : DA'11. BALANCE OF THIS PAGE IN'I'FNTIONA3..LY LEFT'BLANK The Mercer Group,Inc.'iir the City of Delray Beach,Florida Page 24 THE MERCER GROUP,INC. GUARANTEES 11. The ten (10)V uarantecs of our search work am explained below: 1. Client Organization: The client is defined as the entire entity.including all deparfanents, divisions_ sections and groups. This assures That all of our guarantees apply to the entire client.organi/.ation. 2. Two-'Fear Off limits: We Nvill not recruit candidates from a client organization for two years after completion of a search assignment without the full agreement of the client. 3. I<�lacement Off Limits Forever: We will never recruit a candidate whom we have placed in a client organization as long as he/she is employed by that organization without the full agreement of the client. 4. Continue the Search: Jr. liar any reason. the client does not feel comfortable sclec,-zing a candidate from our original recommended group of candidates. we will continue the search until the client can make a selection. 1. Replacement of Successful Candidate: If the:candidate we place with the client heaves the client organization for any reason during, the 24 month period follo,%king the date of plauanent with the client. we will replace the candidate for the out-of-pocket expenses only (there will be no professional fees)that it costs us to make the new Placement. G. Parallel Candidate Presentation: We will not present a candidate simultaneously to more than one client. This permits our firm to represent line client organization without any conflicts of interest_ 7. Client Conflicts: I1'asked, we will disclose to our clients the names of the organizations which are "Off Limits" that logically would be target organizations on the new search assignment. S. Deceptive/Misleading Search Techniques: We corm-nit to our clients and to our prospective candidates that we will not use any search techniques which may be considered as deceptive or misleading. 9. Resume Floating: We will not float resumes to organizations in the hopes that we can collect a The if that individual is hired. 110. Riot Repmsent Individuals: We assure our clienLs and individuals who may became; candidates that we will not collect a fee: from candidates whom we may recommend for a position. The Mercer Group,Inc.for the City of Delray Beach,Florida Page 25 1. Sample Agreement AGREEMENT This At;RETIMI.NT. made as of this_ day of . 20147 by and between THE MERCER CROUP, INC.and Delray beach. a govem.tnental corporation. W I`t'l'RESSETH: V+ HERI_AS. Delray Beach (hereinafter referred to as the "CiV. ) has made a REQUEST FOR PROPOSAL, to hire an executix-e recruiter to conduct a search for a City 'Manager for the City and W1- UREAS, Thc;Mercer Group. Inc. (hereinafter referred to as "Mercer") has submitted a proposal in response to the City's request_ and WH1 RL:AS. the City has selected Merc:ees proposal as the proposal which best meeLS it.-, needs .and the City desires to hire Mercer to conduct the City's search for a new City Manager. and WHL'RLAS. 'Mcrct-r desires to assist the City in conducting the: City's search fi)r a City Manager. NOW THEREFORE. in consideration of the follo,,kine mutual covenattis and other good and valuable consideration. the receipt and adequacy of which is hereby acknowledged by all parties hereto. Mercer and the City hereby agree as follows: 1. '#+mercer agrees to provide services and support to the City in the conduct of the City's search Liar a City Manager. Mercer agrees to conduct the C'ity°"s project in accordance with scope of services outlined in its Proposal to the City dated July 10. 2014. in response to the City's request. 'Mercer's proposal is incorporated by reference and thus made a part.ol'this Agreement. 2. The City agrees to compensate Fiercer lur its services in the amount of$14,750 for professii.nal s ices. including all expenses, to conduct the search. Payments to Mercer are to be made as outlined in Mercer's proposal to the City. 3. T,te City and Mercer bath agree that this Agreement shall be governed by the laws of the State of Florida. 4, SUNSHINL LAW. As `Merccr"s role: is it) screen applications and ma ke recommendations for the position of-City Manager, Mercer acknowledges that h will be subject to,and u711 comply with,Section 286.01, Florida Statutes. The Mercer Group.1nc. for the City of Ueiray Beach,Florida Page 26 Agreement Continued: a. Y(_'111.1C RECORDS. Mercer shall comply with the requirements of 1°lorida"s Public Records law. In accordance with Section 119.070 1, Florida Statutes, Mercer shall (a) keep and maintain public records that ordinarily and necessarily would be required b% the City in order to pertorm the service under the contract:tn1 pyre ide the public: with access to public records on the same terms and conditions that the:City would provide the records and at a cast that does not exceed the cost provided under Horida's Public Records law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by yaw; and (d) meet all requirements for retaining ,public records and transfer. at no cost, to the City all public records in possession of the Mercer upon terntination of the contract and destroy any duplicate: public records that are exempt or confidential and exempt from public records disclosure requirements. All records stared electronically must be provided to the City in a format that is compatible with the inibrmation technology system of the City. +6. The City and Mercer both agree that in the event that any dispute arises between the parties, the complaining party shall promptly notify the oilier of the dispute in writing_ Each party shall respond to the cther party in writing within ten (10) working days of receipt of such notice. 7. The City and Mercer both agree that any amendments to this Agreement shall be made in writing, and executed by bath parties. No proposed amendment which is not in writing;and executed by both parties shalt atTect the terms of this Agreement. 8. The parties shall have the night at either party's convenience to terminate this Agreement fnliowing five(5) clays written notice to the a#fec-ted party. Should either party terminate this Agreement the City shall only be obligated to pay Mercer for those service already provided. DELPULY If FAC:H BY: ATTEST: THE NfERCER GROUP,INC:. BY: W. D. Higginbotham,Jr. Senicrr Vice. President 'Phe Mercer Group,Inc.for the City of Delray Reach, Florida Page 27 'I'iie Mercer Group, Inc. CITYOF DEYABAYBEACH Executive Search and Recruiting Services CYrVAL4LNAGER The NePver Group, beg Why Should Delray Beach Select The Mercer Group, Inc. *Note: All page numbers refer to our Ju1y10, 2014, Proposal Oualifications and Staffing The Mercer Group, Inc. has been in operation for over twenty four years with our corporate headquarters in Atlanta and with offices in thirteen (13) States, including Florida. The Principal Project Manager for this recruitment project will be W. D. Higginbotham, Jr. and he will serve St Pete Beach's Mayor and Members of the City Commission from our Seminole, Pinellas County, Florida location. Mr. Higginbotham has over 30 years of public sector management experience, 23 of which is in Florida; 12 of those as a successful City Manager including City Manager of three Florida Coastal Cities. Understandine the Proiect (game 17) Services required include, but are not limited to position analysis and preparation of position profiles, recruitment for the position,inviting potential candidates to apply,reviewing and screening applications, conducting interviews, reference checks and background checks of selected candidates, recommending a list of final candidates, coordinating final interviews, negotiating, and following up. Our Approach and Our 7-Step Search Process As noted on page 18, we recommend a seven (7)-step search process. Item 4 on page 19, Candidate Screening, is handled personally and thoroughly by Mr. Higginbotham. Schedule The proposed schedule on page 22 provides for the new City Manager to be selected by the Mayor and City Commissioners by September 26, 2014. Reasonable Fees (pate 23) Our fee,including all expenses, is a total flat fee and will not exceed $14,750. There will be NO additional fees/costs or expenses paid to The Mercer Group,Inc. 2 The 1'fer'eer Group5 Inc. Guarantees We make ten (10) guarantees of our search and recruitment work. The ten (10) guarantees are listed and explained on page 25 of our proposal. Five of the most important are: 1. We will keep working until the placement is made. 2. We will never recruit a candidate whom we have placed in a client organization as long as he/she is employed by that organization without the full agreement of the client. 3. We will not recruit other candidates from your organization for two years after completion of a search assignment. 4. We will not present a candidate simultaneously to more than one client. This permits our firm to represent one client organization without any conflicts of interest. 5. If the selected candidate leaves your employ within the first two years, FOR ANY REASON, we will redo the search for expenses only;NO FEE for our services. We look forward to being of service to the City of Delray Beach and the Mayor and Members of the City Commission. THE MERCER GROUP,INC. W.D.Higginbotham,Jr.Senior Vice President 9123 Cherry Trace Seminole,Florida 33777-1150 727-214-8673 WDHie¢inAmerceraroupinc.com www.merceriEroupinc.com 3 CITY OF DELRAY BEACH, FLORIDA Executive Search Services City Manager Prepared by Robert E. Slavin on July 11, 2014 Si.t1►'Y ill 'NT CONSULTANTS 3040 Holcomb Bridge Rd.Suite A-1 •Norcross,Georgia 30071 a(770)449-4656 a FAX(770)416-0848 a E-mail:slavinjabellsouth.net www.slavin.com With affiliates In Cincinnati,Dallas,Hartford,Dunedin,Los Angeles, Mackinac Island and Mesa SI'`4`ITN+l GEMIENT July 11,2014 Ms. Cathy Inglese, Legal Secretary C 0 N 5 U LTA N T S City of Delray Beach City Attorney's Office 200 N.W. 1St Street Delray Beach, Florida 33444 Via:inglese(a_mydelraybeach.com Re: City of Delray Beach Florida - City Manager Recruitment Services Slavin Management Consultants (SMC) is pleased to submit this proposal to conduct an executive search for the next City Manager of Delray Beach. The purpose of this project is to help the City Commission develop and agree to a comprehensive position profile for City Manager and then to identify, recruit and present outstanding candidates who meet these criteria. Once the profile has been developed and approved by the City Commission,we will have no difficulty identifying quality prospective candidates and becoming immediately productive. It is normal for a City Manager search to take between sixty and ninety days to complete. As a high quality, independent management consulting firm, Slavin Management Consultants is most capable and interested in providing these services to the City. This proposal commits the highest level of our firm's resources. I will manage and serve as the primary consultant for this critical project. I am the owner and president of SMC and am among the most experienced recruiters of governmental managers in the nation. I have a strong and proven commitment to providing exceptional recruitment services to public agencies and have received many accolades supporting this work. /have the authority to bind the corporation. Mr. Stephen Cottrell and Mr. David Krings will assist with the project. Both are highly experienced former local government executives and management consultants. Public sector and not-for-profit executive search work accounts for more than 95% of SMC's recruitment activities. SMC has recruited many executives for the Florida public agencies and for others in all regions of the nation. Our Florida experience in indicated on page 2 of this proposal.We are familiar with Florida's open records laws. We are able to recruit well-qualified candidates for our Florida clients who would otherwise not have applied for fear of premature publicity. We also comply with both the letter and intent of Florida's laws. SMC is a national firm, strategically based in Norcross, Georgia for easy access to Atlanta's Hartsfield -Jackson International Airport-the world's busiest airport. We have affiliates in Cincinnati, OH; Dallas, TX, Hartford, CT; Dunedin, FL; Los Angeles, CA; Mackinac Island, FL and Mesa,AZ. Thank you for the opportunity to submit this proposal. We look forward to working with Delray Beach on this highly challenging and very important assignment. If you have questions concerning this proposal, please contact me at(770)449-4656. Very truly yours, SLAVIN MANAGEMENT CONSULTANTS Robert E. Slavin, President TABLE OF CONTENTS Cover Letter EXECUTIVE SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 About the City of Delray Beach. . . . . ... . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 1 About Slavin Management Consultants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SMC Contact Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 3 RECENT CHIEF EXECUTIVE SEARCHES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PROJECT SUMMARY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Develop the Recruitment Profile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Identify Qualified Candidates.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Evaluate Prospective Candidates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Preliminary Screening and Progress Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Selection and Employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 In-depth Screening and Final Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Establish Evaluation Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Follow-up.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Reporting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Deliverables.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PROJECT SCHEDULE_ . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . ... , . . . . . . 10 QUALIFICATIONS AND STAFFING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 A. Firm Qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. Staffing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Robert E. Slavin, President. . . - , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Stephen J. Cottrell SMC Florida Regional Manager. . . . . . . . . . . . . . . . . . . . . . 12 David Krings, ICMA-CM, SMC Regional Manager. . . . . . . . . . . . . . . . . . . . . . . 13 GUARANTEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 FEE STRUCTURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Professional Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 15 Expenses.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 AGREEMENT FOR SERVICES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 EXHIBITS Pro Forma Invoice Clients References EEO Statement Minority and Female Placements Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants EXECUTIVE SUMMARY About the City of Delray Beach The City of Delray Beach covers approximately 16 square miles and is located in the southeastern part of the state in Palm Beach County on the Atlantic shoreline. The City was first settled as an agricultural community in 1895 and first incorporated in 1911. It was later incorporated as the City of Delray Beach on May 11, 1927. The City has a current estimated permanent population of 61,801 with another estimated 12,600 seasonal residents. Delray Beach is a mature community with 99.1% build-out and,therefore, its focus is not upon growth, but upon quality development of remaining vacant areas and redevelopment of areas in a state of decline or deterioration. Redevelopment of commercial and industrial areas,which are no longer functionally competitive in the regional marketplace, is also a goal of the Comprehensive Plan. Delray Beach is known locally, regionally and nationally for its special events and vibrant downtown activities. Over the past year,there were over 40 special events including the Delray Affair, Green Market in the Park,Art and Jazz on the Avenue, Garlic Fest, Roots Cultural Festival,the Annual ATP International Tennis Championships (ITC)and, the 20th Annual Chris Evert Pro-Celebrity Tennis Classic charity tournament. The 50th Annual Delray Affair attracted over 150,000 visitors over a three-day period. The 4th of July fireworks display attracted over 40,000 observers. The City displayed its 100-foot Christmas tree and had over 25,000 attend its First Night event at Old School Square.There are numerous musicals, parades, shows, art and craft festivals, movies, lectures, exhibits, performances and other special activities. The Delray Beach Municipal Marina has been designated as a"Clean Marina"by the Florida Department of Environmental Protection's Clean Marina Program and the Clean Boating Partnership. This prestigious honor recognizes the City's utilization of innovative solutions to protect the environment during daily marine operations as well as in emergency situations. Delray Beach will be the 228th Clean Marina in the state. Delray Beach has received the honor of being recognized as an All-America City in both 1993 and 2001. It is the only city in Florida to have received this prestigious honor twice. In 2012 the City was a finalist for the All-America City award with its commitment to develop a Campaign for Grade Level Reading Community Network. This year the City received top honors as "Most Fun Small Town in the United States"in Rand McNally/USA Today's 2012 Best of the Road contest. Delray Beach was recognized as a great place for all ages with its vibrant downtown, gourmet restaurants, cultural opportunities,world-class sporting events, beautiful beach area and exciting night life. The City of Delray Beach is a full service city with a Commission-Manager form of local government. The citizens elect a Mayor at large on a non-partisan basis every two(2)years who presides over four(4) Commissioners who are elected at large on a non-partisan basis for two(2)year terms in alternating years.A charter amendment was passed in March 2013 which changed the terms to two three(3)year from two (2)year. The City Commission sets policy, approves legislation, adopts the Annual Budget, and sets rates and fees. The City Commission appoints the City Manager, who is the Chief Operational Officer of the City, and the City Attorney,who acts on all legal matters pertaining to the City. The City Manager is charged with overseeing the daily business of the City and is responsible for the supervision of the City departments and employees. Department Heads serve at the pleasure of the City Manager and other employees are covered with either Civil Service regulations or union agreements. Major departments of the City include:Administrative Services, City Clerk, Community Improvement, Environmental Services, Finance, Fire, Human Resources, Parks and Recreation, Planning and Zoning, and Police. The City provides water and sewer, stormwater, engineering and construction services. The Citys current budget is$179,005,250 of which$97,935,900 comprises the General Fund. The City employs 764 FTE's. About Slavin Management Consultants Slavin Management Consultants(SMC)has completed many city/county manager searches over the years.We have significant local government recruitment experience in Florida and all regions of the United States. This experience includes extensive experience working for Florida local governments. The Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 1 best prospects are typically happily employed and not responding to advertisements. Our Florida local government search clients include the following jurisdictions: Atlantic Beach Gainesville Ormond Beach Broward County Hollywood Panama City Boca Raton Homestead Palm Beach County Boynton Beach Jacksonville Beach Palm Beach Gardens Charlotte County Jupiter Pinellas County Clearwater Lake Worth Pensacola Clermont Lee County Pompano Beach Coral Springs Miami Polk County Davie Miami-Dade County Santa Rosa County Deerfield Beach Manatee County Sarasota Delray Beach Martin County Seminole County Destin Miramar Sunrise Dunedin Neptune Beach Titusville Escambia County North Miami Beach Volusia County Fort Lauderdale Okeechobee County West Palm Beach Fort Myers Orange County Winter Park We use a"critical path"search process which allows our clients to focus attention on the selection process rather than on identifying, recruiting, screening and evaluating candidates. We understand that each client's need for key executives is different and that there is no"best"person for all situations. The best prospects are typically happily employed and not responding to advertisements. These people need to be found and encouraged to become candidates. They are understandably reluctant to apply for positions when their interest could become a matter of public information prior to being assured that Delray Beach is interested in their candidacy. Our approach to this assignment will reflect the unique qualities of Delray Beach. It will honor the interests of candidates to the extent possible under Florida law. Florida's strong public disclosure laws have a direct impact on governmental recruitment in the State. We work within the letter and the intent of these laws and still are able to recruit exceptional candidates for our Florida clients who would not apply directly for fear of premature public disclosure of their interest. This proposal provides an indexed and easily usable document for the City to assess the qualifications of Slavin Management Consultants to handle this critical work. It contains the following sections: a Table of Contents, Executive Summary, Project Summary, Project Schedule, Firm Qualifications and Staffing, Guarantees, Fee Structure, and an Agreement for Services. We constructed the Fee Structure to illustrate the professional time and cost of each major phase of the project. Exhibits include a sample invoice, a client list, references, our EEO/AA statement and a listing of women and minorities who we have helped place. In considering our proposal we point out several factors about our firm and our approach that will be of significant benefit to the City: • We are results oriented. Once the recruitment profile is approved, we"lock"into the criteria established and carefully identify, recruit and evaluate candidates who meet your criteria. We do not simply bring forward candidates whom we may already know. • Our key staff members have extensive experience in conducting executive searches for the public sector throughout the nation. • We are committed to complete client satisfaction. Our successful placement-oriented approach will ensure that the project work is practical, realistic,timely and that it has the full commitment and support of the City Commission so that a successful placement will be facilitated. • We use discount airfares and leverage trips between clients whenever possible to reduce expenses to our clients. • We are leaders in the field of executive search in the public sector and our methodologies are Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 2 state-of-the-art. We can address all aspects of your assignment. • Every search that we have conducted has resulted in a selection from our recommended group of candidates. Our experience includes large and small organizations, and chief executives and subordinate level positions. More than 95% of our placements have remained in our client's positions for more than five years. • Our style is interactive,that is,we strive to build a partnership with our clients. • We are experts in EEO/AA recruitment. SMC Contact Information Phone: (770)449-4656 Robert E. Slavin, President Fax: (770)416-0848 Slavin Management Consultants email: slavin(a)bellsouth.net 3040 Holcomb Bridge Road, Suite#A-1 web site: www.slavinweb.com Norcross, Georgia 30071 Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 3 RECENT CHIEF EXECUTIVE SEARCHES CLIENT POP MONTH/ SEARCH STILL STAFF Contact Information YEAR FOR EMPLOYED ASSIGNED ? (Mgr/Asst) Adams County, 451,574 09/2013 County Yes Slavin/ Mr.Bryan Ostler CO Manager Wenbert (720)523-6071 Bostler�adcogov.org Allegheny 13,000 01/2007 County Yes Slavin Mr.John R.Strutner County,VA Administrator (540)863-6600 jstrutner0co.all2qt@Ey.va.us Archuleta County, 13,000 10/2008 County Yes Slavin/ Mr.Gregory(Greg)J.Schulte CO Administrator Trager (970)264-8300 gschulte@archuletacou nty.org Aurora,CO 314,000 07/2010 City Manager Yes Slavin/ Mr.Kin Shuman Wenbert (303)739-7225 Kshuman0auroragov.org Bay City,MI 35,000 03/2014 City Manager Yes Slavin Lori Dufresne Commission President Phone:(989)245-6869 Email: Id ufresneabaycitym i.org Branson,MO 6,000 04/2013 City Yes Slavin Mayor Rasanne Presley Administrator (417)337-8548 Dkruithofabransonmo.gov Corpus Christi, 285,000 08/2011 City Manager Yes Slavin/ Mayor Joe Adame TX Wenbert (361)826-3100 joea@cctexas.com Cary,NC 95,000 01/2009 Town Yes Slavin Ms.Valiria Willis Manager (919)469-4072 valiria.willis0townofcary.org Dunedin,FL 36,000 11/2007 City Manager Yes Slavin Mayor Dave Eggers (727)298-3001 feggersCMdunedinfl.net Dunwoody,GA 40,000 09/2008 City Manager Yes Slavin/ Mayor Ken Wright Trager (678)382-6700 ken.wrghtaDdunwoodyga.gov Escambia 300,000 02/2008 County No,left in Slavin Ms.Barbara Keyser County,FL Administrator 2010 (850)595-1479 barbara murphynco.escambi a.fl.us Fort Myers,FL 48,000 06/2007 City Manager Yes Slavin Mr.Billy Mitchell (239)332-6309 wmitchellQcityftmyers.com Franklin,TN 59,000 10/2008 City Yes Slavin Mayor Ken Moore Administrator (615)791-3217 ken.mooreCWranklintn.gov Fridley,MN 27,800 06/2013 City Yes Slavin/ Mayor Scott Lund Manager Krings 763-572-3500 Georgetown,SC 10,000 02/2013 City Yes Slavin Mayor Jack M,.Scoville,Jr. Administrator (843)545-4001 Glynn County,GA 78,000 06/2010 County Yes Slavin Mr.Alan Ours Administrator (912)554-7401 22ursti7 Ienncountyga.gov Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 4 CLIENT POP MONTH/ SEARCH STILL STAFF Contact Information YEAR FOR EMPLOYED ASSIGNED T (Mgr/Asst) Greenwood 11,000 03/2006 City Manager Yes Slavin Mayor Nancy Sharpe Village,CO (303)486-5741 nsharpe(Qgreenwoodvillage.c om Greenville,NC 84,500 11/2012 City Manager Yes Slavin Mayor Allen Thomas (252)329-4419 amthomas@greenvillenc.gov Gulf Shores,AL 9,000 06/2013 City Yes Slavin Mayor Robert Craft Administrator (251)968-1124 M@3pr@nulfshoresal.gov Hardeeville,SC 5,000 11/2011 City Manager No,left in Slavin Ms.Lori Pomadco,City Clerk 2014 Phone:843-784-2231 Independence, 9,800 05/2010 City Manager Yes Slavin Ms.Kelly Passauer KS (620)332-2506 citymgr @comgen.com Iowa City,IA 63,000 09/2010 City Manager Yes Slavin/ Ms.Marian Karr Wenbert (319)356-5041 marian-karr@iowa-cihr.org Kansas City,KS/ 158,000 03/2014 County Yes Slavin Mayor Mark Holland Wyandotte Manager Phone:913-573-5010 County Email: mayorholland@wycokck.org La Plata,MD 7,000 04/2007 Town Yes Slavin Ms.Paddy Mudd Manager (301)934-4804 pmudd@townoflaplata.org Longmont,CO 87,500 0212012 City Manager Yes Slavin/ Mr.Bobby King,HR Dir Wenbert (303)651-8605 bobby.king@eilongmont.MRS- Mansfield,MA 23,500 10/2009 Town Yes Slavin/ Mr.Kevin Moran Manager Frank (508)261-7372 selectmen@mansfieldma.com Missouri N/A 0612010 Executive Yes Slavin Ms.Gerry Welsh Municipal League Director (314)963-5307 citycouncil@webstengroves.or S Newark,DE 29,000 08/2012 City Manager Yes Slavin/ Mayor Vance Funk Frank (302)368-2561 x12 vance3 @funklawoffices.2om Norwich,CT 36,000 10/2007 City Manager Yes Frank/ Mr.Alan Bergren Slavin (860)823-3751 ahbboss@yahoo.com Novi,MI 53,000 05/2006 City Manager No,Left in Slavin Mr.Clay Pearson 2014 (248)347-0420 cpearson@cityofnovi.org Peoria County,IL 182,800 06/2011 County Yes Slavin/ Chair Tom O'Neill Administrator Krings (309)494-8886 toneill@peoriacount Long Prince William 293,000 01/2010 County Yes Slavin/ Ms.Melissa Peacor County,VA Executive Frank (703)792-6720 mpeacor@pwcgov.org Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 5 CLIENT POP MONTH/ SEARCH STILL STAFF Contact Information YEAR FOR EMPLOYED ASSIGNED ? (Mgr/Asst) Rock Hill,SC 67,400 09/2010 City Manager Yes Slavin Mr.Doug Echols (803)329-7011 cbell@ci.rock-hill.sc.us Seminole County, 425,000 05/2011 County Yes Slavin Commissioner Bob Dallad FL Manager& Phone:(407)665-7215 County fmacdonaldt_seminoleoountyFl Attorney .gov Snellville,GA 18,200 06/2012 City Manager Yes Slavin Mayor Kelly Kautz (770)985-3500 kkautz@snellville.org Saint Joseph,MO 76.107 04/2011 City Manager Yes Slavin Mayor Bill Falkner (816)271-4640 bfalknerjMci.st-joseph.mo.us Suwanee,GA 15,000 07/2007 City Manager Yes Slavin/ Ms.Elvira Rogers Trager (770)945-8996 erogersRsuwanee.com Tazewell County, 135,000 03/2012 County Yes Slavin/ Chair David Zimmerman IL Administrator Krings (309)477-2272 dzimmerman(Mtazewell.com Topeka,KS 124,000 01/2006 City Manager No Slavin Mayor Bill Bunten (785)368-3895 bbunte�a.org Urbandale,IA 38,000 04/2009 City Manager Yes Slavin/ Mayor Bob Andeweg Wenbert (515)283-3100 Venice,FL 21,500 03/2012 City Manager Yes Slavin Alan Bullock Adm Sery Dir (941)486-2626 abullocQci.venice.fl.us Volusia County, 443,000 01/2006 County Yes Slavin Mr.James Dinneen FL Manager (386)636-5920 jdinneen0co.volusia,fl.us Wichita,KS 360,000 11/2008 City Manager Yes Slavin/ Mayor Cad Brewer Wenbert (316)268-4331 Cbrewer(Mwichita.gov Windham,CT 24,000 06/2009 Town Yes Slavin/ Mayor Ernest Eldridge Manager Frank (860)465-3000 eeldridae(&-windham.com Winston-Salem, 186,000 07/2006 City Manager Yes Slavin Mayor Allen Joines NC (336)727-2058 allenjQcityofws.org Prepared for THE CITY OFDELRAYBEACH,FLORIDA by Slavin Management Consultants 6 PROJECT SUMMARY We recommend a five-step process as follows: • Develop job qualifications and requirements for the City Manager position -the Recruitment Profile. • Identify and recruit qualified candidates. • Evaluate prospective candidates. • Make recommendations, help in selection and facilitate employment. • Establish evaluation criteria and follow-up. Each step of this process is described below. A. Develop the Recruitment Profile We will meet with the City Commission members individually and collectively and with staff(if the City Commission wishes)to learn the City's needs,focus and requirements such as experience, education and training as well as preferred management style and personal traits. In developing the recruitment profile, we will spend a considerable amount of time at the beginning of the process in Delray Beach to gather additional information about the City and to ascertain,the unique challenges of the job and the general environment within which the position functions. Once we have gained the necessary information, we will prepare a draft recruitment profile and review it with the City Commission to arrive at a general agreement regarding the specifications for the position. The final profile will include information about the region, the City of Delray Beach, the City government, major issues to be faced, the position and the selection criteria established by the City Commission. B. Identify Qualified Candidates We will first review our database to find those candidates whom we may already know and/or already have on file who may meet your specifications. Although the above process is valuable,we will rely most heavily on our own contacts in related fields and on our own experience. In other words, through "networking," we will conduct a professional search for the best-qualified candidates and invite them to apply for the position. In this effort, we utilize appropriate professional organizations, our established contacts, and our knowledge of quality jurisdictions and their employees. We will prepare classified advertisements and develop a targeted advertising program utilizing professional publications.We will acknowledge all resumes received and thoroughly screen all potential candidates. C. Evaluate Prospective Candidates Preliminary Screening and Progress Report Criteria for the preliminary screening will be contained in the approved recruitment profile. They may include such items as education,technical knowledge, experience,accomplishments, management style, personal traits, etc. Screening of candidates against those criteria will be based on data contained in the resume and other data provided by the candidates and on our knowledge of the organizations in which they work. At this stage, each must meet the minimum qualifications specified in the recruitment profile. We request that all candidates provide us, in writing, substantial information about their accomplishments and their management style and philosophy. This information is verified and, at the City's option, may be further tested by having the finalists respond to a supplemental questionnaire and/or complete management and leadership style inventories. We interpret these instruments for the City as well. Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 7 We will meet with the City Commission to provide a progress report on a number of semifinalist candidates. These individuals will be top prospects who clearly meet the City's specifications for the posi- tion. With guidance from the City Commission, we will narrow the semifinalist candidate group on the basis of refined criteria. During this meeting we will determine City's expectations relative to interview questions that we will write as well as the candidate rating and scoring processes which will be included in our final report. D. Selection and Employment In-depth Screening and Final Report At this point,we will interview those semifinalist candidates whom the City has the greatest interest in. Proper"fit"is as important as technical ability. We assess both. In order to better assess candidates' management style and interpersonal characteristics,we personally interview each in his or her present work environment. We will closely examine each candidate's experience, qualifications, achievements, management style and interpersonal skills in view of the selection criteria and our professional expertise in evaluating the quality of such qualifications, skills and achievements. We conduct in-depth background checks on those individuals who continue to demonstrate their overall suitability for the position. Included are detailed and extensive reference checks which cover a minimum period of ten years. In conducting these, it is our practice to speak directly to individuals who are now or have been in positions to evaluate the candidate's job performance. We ask each candidate to provide us with a large number of references. We then network these references to other persons who know the candidate. In this way,we thoroughly evaluate each candidate. These references and evaluations are combined to provide frank and objective appraisals of the top candidates. As part of our evaluation process we conduct credit checks and verify undergraduate and graduate college degrees. We also conduct criminal history, civil court records and driving record checks. At the City's option, we can arrange for assessment centers and/or psychological(or similar)testing of the candidates. (These optional items will result in extra cost.) We will then meet with the City Commission to present a group of well-qualified finalist candidates for interviews in Delray Beach. These final candidates will not be ranked because, at this point,they will all be qualified and it will then be a matter of chemistry between the candidates and the City Commission that should produce the final selection decision. Our final report will be presented in a meeting with the City Commission. This written report is a comprehensive document. It contains our candidate recommendations, details about the search, interview tips, interview questions, candidate evaluation forms and information about legal vs. illegal inquiries. The report also includes the candidate interview schedule as well as our recommendations relative to timing, sequencing, location, setting,format, and conduct of interviews. The report contains comprehensive information about each recommended candidate. This includes educational and experience information, an evaluation of the candidate's experience relative to the criteria established by the City, a summary of reference comments and a statement of accomplishments and management style prepared by the candidate. Present compensation is also provided for each recommended candidate. We will provide information about trends in employment, employment contracts and agreements, relocation expenses, perquisites, appropriate roles for spouses, receptions, etc. We arrange schedules for top candidate interviews with the City and we will coordinate the entire process. We will properly handle any and all media relations. Unless otherwise directed, it is our standard practice to tell all media that we are working on behalf of Delray Beach and that any public statement should come from the City directly. Under no conditions will we release information to the media unless specifically directed by the City to do so. We will notify all unsuccessful candidates of the final decision reached. Finally,will continue to work for the City until a suitable candidate is recruited and hired by the City. Prepared for THE CITY OFDELRAYBEACH,FLORIDA by Slavin Management Consultants 8 E. Establish Evaluation Criteria Once the new City Manager has been on board for 30 days or so,we will conduct a session with the City Commission and with the new City Manager to establish mutual performance criteria and goals for the position. F. Follow-up We will follow-up with the City and the new City Manager during the first year and assist in making any adjustments that may be necessary. G. Reporting We will keep the City informed, involved in decisions and involved in the search process. We will provide frequent progress reports to the City Commission. H. Deliverables Deliverables include the recruitment profile(draft and final), the advertisement(draft and final),the progress report(presented in person),the final report with interview tips, interview schedule, interview questions, candidate resumes, candidate evaluations, candidate writing samples, rating sheets, ranking forms,tabulation forms and appropriate/inappropriate question list and negotiated employment agreement between the City and the selected candidate. SMC is an equal opportunity employer and recruiter, and will not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, disability or national origin. Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 9 PROJECT SCHEDULE The search process normally takes between sixty(60)and ninety(90)days to complete and typically follows the following pattern: IDAYS STEPS 1 1-30 30-45 45-60 60-360 1. Develop Search Process, Recruitment Profile and Advertising Program for City Commission Approval ✓ 2. Identify Qualified Candidates, Review Data Base, Network, Receive and Review Resumes ✓ ✓ 3. Screen& Evaluate Prospective Candidates ✓ 4. Progress Meeting and Report ✓ 5. Interview and Evaluate Prospective Candidates ✓ ✓ 6. Submit Final Report and Recommendations, Assist ✓ in Selection, Facilitate Employment 7. Establish Evaluation Criteria and Follow-u ✓ Approximately twelve to fifteen semifinalist candidates are presented to the City Commission at the progress meetings (45 - 50 days after the Commission approves the recruitment profile). Generally, about five finalist candidates are presented for interviews with the City Commission. Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 10 QUALIFICATIONS AND STAFFING This section presents our qualifications to conduct projects of this type and describes the staff to be assigned to the search. A. Firm Qualifications SMC is an independent management consulting firm formed in 1998 and incorporated in the State of Georgia. We operate nationwide from our home office near Atlanta, Georgia. The principal and only stock holder of the firm is Robert E. Slavin. Mr. Slavin has extensive experience as a local government executive and as a management consultant. We have affiliates in Cincinnati, OH; Dallas, TX, Hartford, CT, Dunedin, FL; Los Angeles, CA; Mackinac Island, MI and Mesa,AZ. The company provides exceptionally high-quality consulting services to state and local governments, health care providers,transit authorities, utilities, special districts, and private sector clients. Specialty practice areas include executive recruitment, pay and classification, performance appraisal systems, and organization development and training. Our key consultants have conducted successful assignments for hundreds of public sector organizations nationally and offer many references as testimony of our work. This important engagement will be personally conducted by Mr. Robert E. Slavin. Mr. Slavin has conducted or assisted in the conduct of more than 775 successful executive searches throughout his career. Members of the proposed search team have conducted executive searches for Slavin Management Consultants as well as for others before joining the firm. All are professional public human resources practitioners with significant direct management experience. All are long-term, active members of a variety of professional organizations and stay abreast of new and changing laws, developments and trends by regularly attending specialized workshops, seminars and annual conferences. B. Staffing Robert E. Slavin,President Mr. Slavin will manage and serve as the lead consultant for this project. He is a pioneer in public sector and nonprofit executive search. He is among the best known and respected professional recruiters in the business. He is a frequent speaker before professional groups and he has written several articles for professional journals concerning governmental management. By special invitation, Mr. Slavin assisted the United States Office of Personnel Management to define and set up the Senior Executive Service for the Federal Government. Mr. Slavin began his local government career in 1967. His experience includes twelve years working directly for local governments and it includes seven years as a principal consultant with the government search practice of Korn/Ferry International, the largest private sector search firm in the world. He headed the local government search practices for Mercer/Slavin, Incorporated, Mercer, Slavin & Nevins and Slavin, Nevins and Associates, Inc. Mr. Slavin now heads the executive search practice for Slavin Management Consultants. Clients include state and local governments, nonprofit and private sector businesses all over the United States. His experience includes search assignments for the 1984 Los Angeles Olympic's Organizing Committee. Mr. Slavin's experience and qualifications include organizational analysis, classification and compensation studies,and assessment centers and human resource's systems studies. Before being invited to join Korn/Ferry International, Mr. Slavin served as Assistant City Manager/Director of Human Resources for the City of Beverly Hills, California. While at Beverly Hills, Mr. Slavin conducted many executive level recruitment assignments involving nationwide search and placement. Before joining the City of Beverly Hills, Mr. Slavin was the Assistant Personnel Director for the City of San Leandro, California. Before San Leandro, Mr. Slavin was on the personnel staff of Santa Clara County, California. His assignments included recruitment, classification and selection for the County's Health Department, Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 77 Medical Center, Transportation Agency, Sheriffs Office, Superintendent of Schools, Fire Marshall, Assessor's Office, Library System and County Recorder's Office. Mr. Slavin received his Bachelor of Science degree in Political Science from the University of Santa Clara, and has completed the graduate course work for a Master's degree in Public Administration at California State University at Hayward. He is a Certified Professional Consultant to Management by the National Bureau of Certified Consultants. Organizations International City/County Management Association • International Personnel Management Association • Government Finance Officers Association • IPMA-Human Relations Commission • IPMA-Publications Review Committee • Society for Human Resources Management • Certified Management Consultant(National Bureau of Certified Consultants) National Forum for Black Public Administrators • Southern California Public Labor Relations Council • Southern California Municipal Assistants • Bay Area Salary Survey Committee Stephen J. Cottrell SMC Florida Regional Manager Mr. Cottrell's career in state and local government agencies spans more than three decades. After serving in the United States Air Force, Steve began a career in government as a legislative intern in the Florida Legislature. He served as a legislative analyst for the Florida Advisory Council for Intergovernmental Relations and research associate at the Florida Atlantic Florida International University's Joint Center for Environmental and Urban Problems, where he was mentored by the late Dr. John DeGrove. His first municipal government experience was as a management analyst for the City of Tallahassee's Office of Management and Budget,where in addition to assisting various departments with the preparation of their annual operating budgets, he prepared the city-wide annual capital improvement budget and five year capital improvement plans.. He has served as assistant city manager for the City of Plant City, Florida, and town manager of Belleair, Florida and Windsor, Vermont. He also held interim city manager positions in both Indian Rocks Beach and Fruitland Park, Florida. While serving as assistant manager and manager, he performed the duties of budget director, personnel administrator, IT manager, and public works/utility director. Public works and utility management, in particular, the initiation and implementation of facility construction, infrastructure repairs and replacements, and other capital investments, were a principal focus during his years as a manager. He oversaw the construction of fire stations, a library expansion, a 911 emergency operation center, transportation and utility expansion projects, and the resolution of landfill and wastewater treatment plant consent orders. Steve is an advocate of electric and telecommunication municipalization, and a proponent of local government initiatives that enhance local resilience, improve local environmental resources in ways that lead to greater sustainability and economic self-sufficiency. He has received recognition for twenty-five years of management service by the International City Manger's Association; and twenty years of service by the Florida City and County Management Association. He has been a credentialed city manager for the majority of those years. Steve has served on the boards of both the FCCMA and the Vermont League of Cities and Towns. He is currently a member of both the ICMA and FCCMA. In both Plant City and Windsor,VT he was a member of Rotary International. Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 12 He obtained a bachelor's degree from California State University, and a Master's Degree in Public Administration from Florida State University. David Krinps,ICMA-CM, SMC Reniona!Manager Mr. Krings has 35 years experience at the top levels of state, county, and municipal governments. He is internationally recognized as a state and local government management practitioner and consultant. Mr. Krings has been on the professional staff of governors in both Wisconsin and Arkansas. He served as the County Administrator in Peoria County, (Peoria) Illinois and Hamilton County, (Cincinnati)Ohio. Both Hamilton County and Peoria County received national recognition for innovative, quality management during Mr. Krings'tenure. Mr. Krings also served as the Assistant Executive Director for Ramsey County (St. Paul)Minnesota. Mr. Krings has a M.A. in Public Policy and Administration from the University of Wisconsin-Madison and a BA from Carroll College (Waukesha, Wisconsin). He has also studied at schools in Denmark and Mexico. In 2005 Mr. Krings began his encore career, still in public service, but in a much broader capacity than in prior years. He is the part-time Administrator of Lockland, Ohio. He served as the part-time Advisor to the Mayor in Newtown, Ohio. He has had scores of consulting engagements with local jurisdictions and not- for-profits (largely through TechSolve,a not-for-profit consulting firm). He has been certified as a local government expert in litigation involving local governments. He has been on an advisory board of a company providing inmate telephone services(DC Telesystems). In 2009 he associated with the firm Good Energy to consult with local governments in the provision of cost saving electricity purchasing. He is also a managing consultant for Slavin Management Consultants. Highlights from Mr. Krings' 13 years as Hamilton County Administrator include: • Responsible for$2.3 billion budget; • Oversaw more than$1 billion in development of Cincinnati riverfront including construction of a new NFL football stadium and a MLB baseball park; • Developed small, minority, and female business development program; • Governing Magazine and Syracuse University gave Hamilton County fourth highest grade among America's large urban counties for overall management; • Gold Seal for Good E-Governance from National Academy of Public Administration; • Top rated web site from National Association of Counties; • Numerous Government Finance Officers Association of United States and Canada awards for Distinguished Budget Presentation; and • ICMA Center for Performance Measurement Certificate of Distinction; Organizations(Current and Past) • ICMA—Past President and Board Member • National Association of County Administrators (NACA)—Past President and Board Member • First person to be President of both ICMA and NACA • Recipient of American Society for Public Administration chapter Good Government Award • Adjunct professor for University of Cincinnati and faculty member of University of Illinois, Community Information and Education Service Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 13 GUARANTEES We provide a comprehensive set of assurances and guarantees to out executive recruitment clients that include: • We are committed to excellence. We guarantee the highest quality of work and its success in your environment. To accomplish this,we will continue to work with the City until the City Commission is satisfied with the candidates and a satisfactory candidate is selected and accepts employment. • We guarantee our work and will redo the search if the position is vacated,for any reason,within two years of the employment date of a candidate selected by the City through our efforts. • We will never actively recruit any candidate who we have placed nor will we actively recruit any employee from a client organization for at least two years from the completion date of an assignment. Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 14 FEE STRUCTURE Professional Fees Our fees are based on a rate schedule that reflects the experience of the individual assigned. We use a flat fee rate schedule. Therefore,there are no project limitations based on annual salary. For this assignment we are proposing to use only consultants who have specific experience on similar assignments for other clients. We will use senior consultants where appropriate and to reduce the overall cost. We will use staff consultants when feasible. The following tables show the level of involvement by project step and cost. PROJECT COSTS ASSIGNED HOURS(Approximate) STEPS Project Consultant Total RATE FEES Manager Hr 1. Project Planning/Develop Position 36 36 75 $2,700 Profile/Prepare Advertising 2. Identify&Recruit Candidate/ 30 35 75 $2,625 Acknowledge Resumes 35 35 35 $1,225 3. Preliminary Candidate Screening 12 12 75 $900 4 4 35 $140 4. Progress Report to City Commission/ 10 10 75 $750 Reduce Candidate Pool 8 8 35 $280 S. In-depth Candidate Evaluation 38 38 75 $2,850 (Includes on-site consultant ntervlews with semifinalist candidates) 16 16 35 $560 6. Arrange for&Schedule Final 4 4 75 $300 Interviews 7. Prepare Final Report with Interview 8 8 j 75 $600 Questions and Selection Criteria 16 16 35 $560 18. Present Final Report and Attend 10 10 75 $750 Interviews 9. Assist in Employee Selection 2 2 75 $150 10. Negotiate Employment Agreement 4 4 75 $300 11. Establish Performance Goals 6 6 No $0 Charge 12. Follow-up 4 4 No $0 Charge TOTAL HOURS 160 79 248 TOTAL PROFESSIONAL FEE 14 690 Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 15 Expenses Consultant Travel Costs: The client pays direct cost for all necessary consultant travel using coach or, when available, lower air rates, corporate hotel rates at moderately priced properties(Holiday Inn or equivalent), rental cars, using the corporate discount and normal meals. Client controls these costs in the following ways: (1)when appropriate, consultants will accomplish multiple purposes when traveling and will allocate costs to multiple clients; (2)the client pre-approves all work plans including all consultant(and candidate)travel. Office Costs Include: Telephone ($350 flat fee, billed in two installments), FAX, postage, messenger, copier, and clerical costs. Office Costs Include: Telephone($350 flat fee, billed in two installments), FAX, postage, messenger, copier, and clerical costs. Average Advertising Costs: Normally about$2,000. Client controls these costs because the advertising program will be approved by the City prior to implementation. Expenses for the executive search project described in this proposal will not exceed 55%of the fee ($7,079.50)Therefore,the total not-to-exceed cost to the City for the proposed work will be no more than $22,769.50.The cost for final candidates to travel to Delray Beach for interviews is not covered by this proposal. Such costs are typically paid by the Count on a reimbursement basis, directly to the candidates, and controlled through the City's prior approval of the finalist candidates. These costs vary depending on candidate location, espousal involvement, time required for candidates to be in Delray Beach, etc. For budgeting purposes, an average cost of between$450.00 and$650.00 per candidate would be appropriate. About five candidates are normally recommended for interviews. Should the City's needs result in additional project scope that significantly increases costs, it may be necessary to increase the expense budget for the project. Your liability to Slavin Management Consultants for services rendered under this agreement will not exceed the agreed upon price unless an increase is authorized by you in writing. We will submit monthly invoices for fees and expenses. It is our practice to bill 30% at the start of the searches, 30%at the end of thirty days, 30%at the end of sixty days, and the remaining 10%shortly after the time the new City Manager accepts employment with the City. Each invoice will be payable upon receipt for professional services. Expenses will be billed in addition and shown as a separate figure. Attached is a pro-forma invoice showing the level of accounting detail we will provide. Expenses will be billed in addition and shown as a separate figure. Attached is a pro-forma invoice showing the level of accounting detail we will provide. We will comply with all applicable laws, rules, and regulations of federal, state, and local government entities. Our ability to cant'out the work required will be heavily dependent upon our experience in providing similar services to others, and we expect to continue such work in the future. We will,to the degree possible, preserve the confidential nature of any information received from you or developed during the work in accordance with our professional standards. We assure you that we will devote our best efforts to carrying out the engagements. The results obtained, our recommendations, and any written material provided by us will represent our best judgment based on the information available to us. Our liability, if any,will not be greater than the amount paid to us for the services rendered. This proposal constitutes the agreement between us. It cannot be modified except in writing by both parties. Our agreement will be interpreted according to the laws of the State of Florida. Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 16 AGREEMENT FOR SERVICES This proposal is presented for Slavin Management Consultants by: SIGNATURE: NAME: Robert E. Slavin TITLE: President DATE: July 11, 2014 This proposal is accepted for the City of Delray Beach, Florida by: SIGNATURE: NAME: TITLE: DATE: Prepared for THE CITY OF DELRAY BEACH,FLORIDA by Slavin Management Consultants 17 EXHIBITS SLAVIN MANAGEMENT CONSULTANTS PRO FORMA INVOICE INVOICE DATE: CLIENT: ADDRESS: CITY, STATE: Progress billing for professional services rendered in connection with our agreement: $XXXX.XX (Invoice_of_) Reimbursable expenses at cost: Airfare $XXX.XX Hotel XX.XX Ground Transportation XX.XX Meals XX.XX Tips XX.XX Telephone XXX.XX Clerical Support XXX.XX FAX XX.XX Messenger Service XX.XX Copies XX.XX Postage XX.XX Misc. Direct Costs XX.XX Total Expenses $XXXX.XX TOTAL INVOICE $XXXX.XX SLAVIN MANAGEMENT CONSULTANTS CLIENT LIST BY CATEGORY The following list of clients represent organizations for which our principal Consultants performed significant project work. This client list spans thirty years of experience of SMC consultants. Please contact SMC if you desire to speak with the individuals who were project contacts. MUNICIPALITIES Aiken, South Carolina Davenport, Iowa Albany, Georgia Davie, Florida Alpharetta, Georgia Decatur, Georgia Anaheim, California Decatur, Illinois Ann Arbor, Michigan Delray Beach, Florida Arlington, Texas Del Rio, Texas Arlington Heights, Illinois Denton, Texas Arvada, Colorado Destin, Florida Atlanta, Georgia Dothan, Alabama Atlantic Beach, Florida Dubuque, Iowa Asheville, North Carolina Duluth, Georgia Auburn, Maine Dunedin, Florida Aurora, Colorado Durham, North Carolina Austin, Texas Eagle Pass,Texas Bartlesville, Oklahoma East Brunswick Township, New Jersey Bentonville,Arkansas Edmond, Oklahoma Bergenfield, New Jersey Elgin, Illinois Berkeley, California Enfield, Connecticut Beverly Hills, California Escondido, California Birmingham,Alabama Evanston, Illinois Bisbee,Arizona Fort Collins, Colorado Blacksburg,Virginia Fort Lauderdale, Florida Bloomington, Illinois Fort Worth, Texas Boynton Beach, Florida Franklin, Tennessee Branson, Missouri Frisco, Colorado Brea, California Gainesville, Florida Bridgeport, Connecticut Gainesville, Georgia Broken Arrow, Oklahoma Galesburg, Illinois Brownsville, Texas Garden City, New York Bryan,Texas Glastonbury, Connecticut Burbank, California Glendale, Arizona Camarillo, California Glen Ellyn, Illinois Carson, California Grand Rapids, Michigan Cary, North Carolina Greensboro, North Carolina Casper,Wyoming Gulfport, Florida Chapel Hill, North Carolina Hardeeville, SC Charlotte, North Carolina Hemet, California Chesapeake,Virginia Hercules, California Clearwater, Florida Highland Park, Illinois Cleveland, OH Hollywood, Florida Columbia, Missouri Homestead, Florida Columbus, Georgia Huntington Beach, California Concord, New Hampshire Independence, Missouri Coral Springs, Florida Independence, Kansas Corpus Christi, Texas Iowa City, Iowa Corta Madera, California Jacksonville Beach, Florid Creedmoor, North Carolina Jupiter, Florida Culver City, California Kalamazoo, Michigan Dallas,Texas Kansas City, Missouri SLAVIN MANAGEMENT CONSULTANTS Lake Worth, Florida Roanoke,Virginia Lakewood, Colorado Rock Hill, South Carolina Lapeer, Michigan Rockville, Maryland Laramie, Wyoming Sacramento, California Laredo, Texas St. Louis Park, Minnesota Lenexa, Kansas Salem, Oregon Liberty, Missouri San Diego, California Lillbum, Georgia San Fernando, California Little Rock,Arkansas San Francisco, California Long Beach, California San Jose, California Longmont, CO San Juan Capistrano, California Manassas,Virginia Sandersville, Georgia Mansfield, Massachusetts Santa Ana, California Miami Beach, Florida Santa Monica, California Milwaukie, Oregon Sarasota, Florida Minneapolis, Minnesota Shaker Heights, Ohio Miramar, Florida Simi Valley, California Modesto, California Sioux City, Iowa Muscatine, Iowa South Brunswick Township, New Jersey Neptune Beach, Florida Springfield, Missouri Newark, Delaware Stratford, Connecticut New Smyrna Beach, Florida Storm Lake, Iowa Norfolk,Virginia Sunnyvale, California Norman, Oklahoma Sunrise, Florida North Las Vegas, Nevada Takoma Park, Maryland North Miami Beach, Florida Topeka, Kansas Northglenn, Colorado Titusville, Florida North Port, Florida Thornton, Colorado Norwich, Connecticut Traverse City, Michigan Oberlin, Ohio Topeka, Kansas Ocean City, Maryland Turlock, California Oceanside, California Upper Arlington, Ohio Olathe, Kansas Urbandale, Iowa Oklahoma City, Oklahoma Valdez,Alaska Oxnard, California Venice, FL Palm Bay, Florida Virginia Beach, Virginia Palm Beach Gardens, Florida Waco, Texas Palo Alto, California Warrensburg, Missouri Panama City, Florida Washington, Illinois Park Ridge, Illinois West Des Moines, Iowa Pasadena, California West Hartford, Connecticut Peoria, Illinois West Hollywood, California Phoenix,Arizona West Palm Beach, Florida Pittsburg, Kansas Wichita, Kansas Pompano Beach, Florida Windham, Connecticut Portage, Michigan Winston-Salem, North Carolina Pueblo, Colorado Winter Park, Florida Richmond, California Worthington, Minnesota Richmond,Virginia Ypsilanti, Michigan Riverside, California Riverview, Michigan COUNTIES Alameda County, California Brown County, Wisconsin Albemarle County,Virginia Buffalo County, Nebraska Arapahoe County, Colorado Chaffee County, Colorado Beaufort County, South Carolina Cass County, Michigan Broward County, Florida Chesterfield County,Virginia SLAVIN MANAGEMENT CONSULTANTS Clark County, Nevada Muscatine County, Iowa Cobb County, Georgia New Kent County,Virginia Dade County, Florida Orange County, New York Eagle County, Colorado Orange County, North Carolina Oklahoma Escambia County, Florida Palm Beach County, Florida Fairfax County,Virginia Peoria County, Illinois Forsyth County, Georgia Pinellas County, Florida Fremont County, Colorado Polk County, Florida Fresno County, California Prince William County, Virginia Fulton County, Georgia. Ramsey County, Minnesota Glynn County, Georgia St. Louis County, Minnesota Gunnison County, Colorado Saline County, Kansas Hall County, Georgia San Diego County, California Hamilton County, Ohio San Luis Obispo County, California Ketchikan-Gateway Borough,Alaska San Mateo County, California Lake County, Florida Sarasota County, Florida Lake County, Illinois Sedgwick County, Kansas La Plata County, Colorado Seminole County, Florida Leon County, Florida Sonoma County, California Lincoln County, North Carolina Springettsbury Township, Pennsylvania Livingston County, Illinois Spotsylvania County, Virginia Los Angeles County, California Tazewell County, IL Martin County, Florida Volusia County, Florida McHenry County, Illinois Wake County, North Carolina Mecklenburg County, North Carolina Washtenaw County, Michigan Mendocino County, California Whiteside County, Illinois Mesa County, Colorado Whitfield County, Georgia Moffat County, Colorado Yolo County, California Monterey County, California OTHER ORGANIZATIONS Development Groups Peoria Housing Authority, Illinois Arrowhead Regional Development, Duluth, Libraries Minnesota Columbia Development Corporation, South Birmingham,Alabama Public Library Carolina Central Arkansas Library System Fresno Economic Development Commission, Lexington, Kentucky Library System California Metropolitan Library System of Oklahoma Fresno Redevelopment Authority, California Moline Public Library GoTopeka, Inc., Kansas Lincoln Road Development Corporation, Miami Beach, FL Non-Profits and Other Governmental Los Angeles, California, Community Jurisdictions Redevelopment Agency Mid-American Regional Council, Kansas City, California State Government Missouri CDC Federal Credit Union,Atlanta, Georgia West Palm Beach Downtown Development District of Columbia Authority, Florida Fresno Employment and Training Commission, California Housing Authorities Jefferson County Personnel Board,Alabama Local Government Insurance Trust, Maryland California Housing Finance Agency Los Angeles, California Department of Jefferson County Housing Authority,Alabama Community Public HealthLos Angeles, California Las Vegas Housing Authority Music Center Operating Company Memphis Housing Authority,Tennessee Los Angeles Olympics Organizing Committee Ocala Housing Authority, Florida Metropolitan Nashville, Tennessee Arts SLAVIN MANAGEMENT CONSULTANTS Commission Greater Dayton Regional Transportation Parkland Hospital, Texas Authority Southwest Florida Regional Planning Council Kalamazoo County Transportation Authority Lee County Port Authority, Florida Professional Associations Metra (Chicago Commuter Rail System) Port Everglades Authority, Fort Lauderdale, American Public Works Association Florida Association of County Commissioners, Georgia Orlando-Orange County Expressway Authority Georgia Municipal Association Port of Sacramento, California International City/County Management Riverside Transit Agency, California Association San Francisco Bay Area Rapid Transit District, Iowa League of Cities California Missouri Municipal League Sarasota/Manatee Airport Authority, Florida Southern California Rapid Transit District School Districts Utility Districts Adams County School District#14, Commerce City, Colorado Columbus Water Works, Georgia Lake Sumpter Community College, Florida Metropolitan Sewer District of Greater Cincinnati, Dallas Independent School District, Texas Ohio Public Works Commission of Fayetteville, North Transportation Agencies Carolina Rivanna Solid Waste Authority, Virginia Alameda-Contra Costa Transit District, Oakland, Rivanna Water and Sewer Authority,Virginia California Sacramento Municipal Utility District, California Bay Area Rapid Transit District, Oakland, South Florida Water Management District California Spartanburg Utility District, South Carolina Dallas Area Rapid Transit District, Dallas, Texas SLAVIN MANAGEMENT CONSULTANTS REFERENCES Mr.Bobby King Mayor Doug Echols Director of Human Resources City of Rock Hill City of Longmont,CO 155 Johnston Street City of Longmont Rock Hills,SC 29731-1706 350 Kimbark Street (803)329-7011 Longmont,CO 80501 USA City Manager search(2010) Phone:(303)651-8609 decholsacityofrockhill.com Email: bobby.kinn(Mci.longmont.co.us City Manager search completed in 2012 Mr.Bryan Ostler Human Resources Director Mayor Matt Hayek Adams County City of Iowa City 4430 S.Adams County Parkway 410 E.Washington Street 4'"Floor,Suite C4000B Iowa City,Iowa 52240 Brighton,Colorado 80601-8204 Phone: 319.356.5043 (770)523-6071 Fax: 319.356.5497 Bostlerftadcogov.org City Manager search(2010) County Manager search(2013) matt-hayek(Miowa-city.org Ms.Cara Pavlicek Mr.Erdal DSnmez Village Manager City Manager Village of Oak Park City of Coral Springs 123 Madison 9551 West Sample Road Oak Park,Illinois 60302 Coral Springs,FL 33065 (708)358-5770 (954)344-5906 cpaviicek0oak-park.us Police Chief Search(2012) Village Attorney search(2013) www.CoraiSprinns.org Mayor Raeanne Presley Ms.Melissa Peacor City of Branson County Executive City Hall Prince William County 110 W.Maddux Woodbridge,Virginia 22192 Branson,MO 65616 (703)792-6720 (417)334-4129 Fire Chief Search(1994) City Administrator searches(2014) County Executive search(2010) raeannepresley@gmail.com Human Resources Director search(2012) mpeacorQpwcgov.org Mayor Joe Adams City of Corpus Christi,Texas Mayor Carl Brewer P.O.Box 9277 City of Wichita Corpus,Christi,TX 78469-9277 455 N.Main Street Phone: (361)826.3100 Wichita,KS 67202 Email: joeae4cctexas.com (316)268-4331 City Manager search completed in 20113 City Manager search(2008) CbrewerQwichita.gov Thomas J.Bonfield City Manager Mr.Kin Shuman City of Durham Director of Internal Services 101 City Hall Plaza City of Aurora,Colorado Durham,NC City of Aurora (919)560-4222 15151 E.Alameda Parkway Tom.BonfieldCdurhamnc.gov Aurora,Colorado 80012 Fire Chief search 2013 (303)739-7225 KshumanC_auroragov.org Mr.James Dinneen City Manager search(2010) County Manager County of Volusia Mayor Allen M.Thomas Thomas C.Kelly City of Greenville Administration Center P.O.Box 7207 123 W.Indiana Ave. Greenville,NC 27835 DeLand,FL 32720 (252)329-4419 (386)736-5920 amthomasagreenvillenc.gov Transit Director-Greater Dayton Regional Transit Authority City Manager search(2012) (2005) Human Resources Director-Volusia County (2007) Budget Director-Volusia County(2008) Convention Center Search(2009) )dinneen(5co.volusia.fl.us SLAVIN MANAGEMENT CONSULTANTS EEO STATEMENT Slavin Management Consultants(SMC)is committed to building a diverse workforce which reflects the face of the community we serve, honors and respects the differences and abilities of all our employees and residents, and provides employees with the necessary opportunities, tools, and support to achieve their maximum potential. Equitably managing a diverse workforce is at the heart of equal opportunity. Valuing diversity is the basis for a policy of inclusion. Diversity recognizes and respects the multitude of differences which employees bring to the workplace. Diversity complements organizational values that stress teamwork, leadership, empowerment,and quality service. Diversity means striving to maintain an environment in which managers value the differences in their employees and take steps to ensure that all employees know they are welcome. To achieve workplace equity and inclusion, SMC will observe the practices outlined below: • We will ensure that we do not discriminate in employment on the basis of race,color,religion,national origin, sex, age, disability, marital status, sexual orientation, creed, ancestry, medical condition, or political ideology. • Our recruiting efforts will ensure that applicant pools are both capable and diverse. • We will make employment decisions based on job-related criteria and will provide opportunities for entry and promotion into non-traditional jobs. • We will ensure a workplace free of all forms of harassment. • We will develop a procedure for prompt, thorough and impartial investigations of discrimination or harassment complaints and will act on appropriate measures to provide remedyor relief to individuals who have been victims of illegal discrimination or harassment. Measures to ensure accountability for managing diversity will be incorporated into the performance management system for supervisors and managers. The chief executive officer will evaluate the effectiveness of our diversity policies and programs. By creating a workplace where everyone can work towards their maximum potential, SMC will retain quality, productive employees who will provide excellent services to our clients. SLAVIN MANAGEMENT CONSULTANTS MINORITYAND WOMEN PLACEMENTS CLIENT POSITION AFRICAN AMERICAN WOMAN LATINO ALACHUA COUNTY,FL County Administrator X ALBANY,GA City Manager X Police Chief X Assistant City Manager X Human Resources Director X ASPEN,CO City Manager X AUSTIN, 7X City Auditor X City Manager X Police Chief X BERKELEY,CA City Manager X Public Works Director X BEVERLY HILLS,CA Sanitation Director X Library Director X BOCA RATON,FL City Manager X Asst.City Manager X BOISE,ID Chief Financial Officer BROWARD COUNTY,FL Assistant Director of Equal X X Employment BOISE,ID Chief Financial Officer S BRYAN,TX Municipal Court Judge X City Manager X CAMARILLO,CA City Clerk X CARSON,CA Planning Director X CHAPEL HILL,NC Transportation Director X Human Resources Director X CHARLOTTE COUNTY,FL County Attorney X CENTRAL CITYASSN.OF THE Director of Security X CITY OF LOS ANGELES(CA) CHARLOTTE,NC Neighborhood Services Director X COLUMBIA,MO Police Chief X CULVER CITY,CA Finance Director X DALLAS INDEPENDENT Chief Financial Officer X X SCHOOL DISTRICT(TXJ DALLAS,TX City Attorney X DECATUR,GA Chief of Police X SL"IN MANAGEMENT CONSULTANTS CLIENT POSITION AFRICAN AMERICAN WOMAN LATINO DISTRICT OF COLUMBIA Executive Director Alcoholic Beverage Regulations X Commission DURHAM,NC City Manager X City Manager X X Police Chief X Public Works Director X X ESCAMB14 COUNTY,FL Assistant County Administrator X ESCONDIDO,CA Civic Center Construction Mgr X EVANSTON,IL City Manager X FRESNO,CA(PIC) Executive Director X FORT LAUDERDALE,FL Fire Chief X FORT MYERS,FL City Manager X FRESNO,CA(PIC) Executive Director X GAINESVILLE,FL Equal Employment Director X GLASTONBURY,CT Human Resources Director X X GREENBELT HOMES,INC. Executive Director X (MARYLAND) GREENSBORO,NC Assistant City Manager X GREENVILLE,NC City Manager X X HAMILTON COUNTY,OH Jobs and Family Services Director X HILLSBOROUGH COUNTY(FL) Executive Director X CHILDREN'S BOARD HOLLYWOOD,FL City Manager X JUPITER,FL Assistant to the City Manager X Public Works Director X KALAMAZOO,MI City Manager X Assistant City Manager X LAKE COUNTY,FL County Attorney X LAKE COUNTY,IL Purchasing Director X Human Resources Director X Assistant County Administrator X LAKE COUNTY,IL HEALTH Executive Director X DEPARTMENT LAKE WORTH,FL Utilities Customer Services X Manager LA PLATA COUNTY,CO Human Services Director X LEE COUNTY,FL County Administrator X Human Resources Director X LINCOLN ROAD Executive Director X DEVELOPMENT CORP. LONG BEACH,CA Police Chief X SLAVIN MANAGEMENT CONSULTANTS CLIENT POSITION AFRICAN AMERICAN WOMAN LATINO LONG BEACH,CA Executive Director,Civil Service X Commission LONGMONT,CO City Manager X LOS ANGELES,COMMUNITY Sr.Project Manager X X REDEVELOPMENTAGENCY Project Manager X Project Manager X LOS ANGELES COUNTY(CA) Executive Director X X HEALTH SYSTEMS AGENCY Deputy Exec.Dir. X LOS ANGELES COUNTY Public Health Director X DEPARTMENT OF PUBLIC HEALTH LOS ANGELES OLYMPICS Human Resources Director X X ORGANIZING COMMITTEE Director of Venues X METROZOO(MIAMI FL) Director of Marketing X MEMPHIS(TN)HOUSING Executive Director X AUTHORITY MIAMI(FL)OFF-STREET Finance Director X PARKING SYSTEM MIAMI VALLEY REGIONAL Executive Director X PLANNING COMMISSION (DAYTON,OH) MIAMI VALLEY REGIONAL Executive Director X X TRANSIT AUTH.(DAYTON, OH) MIRAMAR,FL City Manager X MONTEREY COUNTY,CA Hospital Administrator X NOAH DEVELOPMENT Executive Director X CORPORATION NORFOLK,VA Human Resources Director X Senior Engineer X NORFOLK VA Social Services Director X OAK PARK,IL Village Manager X OCALA(FL)PUBLIC HOUSING Executive Director X AUTHORITY OBERLIN,OH City Manager X ORMOND BEACH,FL City Manager X OKLAHOMA CITY,OK City Manager X PALM BAY,FL Human Resources Director X PALM BEACH COUNTY,FL Assistant County Administrator X PALM BEACH COUNTY(FL) Executive Director X CHILDREN'S SERVICES BOARD SLAVIN MANAGEMENT CONSULTANTS CLIENT POSITION AFRICAN AMERICAN WOMAN LATINO PALM BEACH COUNTY(FL) Executive Director X HEALTHCARE DISTRICT PALM BEACH GARDENS,FL City Manager(1992) X City Manager(1999) X PALO ALTO,CA City Attomey X PEORIA(/L)PUBLIC HOUSING Executive Director X AUTHORITY PHOENIX,AZ Chief of Police X PRINCE WILLIAM COUNTY,VA County Executive X Fire Chief X RICHMOND,CA City Manager X RICHMOND,VA Director of Public Health X ROANOKE,VA Police Chief X Economic Development Director X Assistant City Manager X X Director of Human Services X ROCKVILLE,MD Assistant City Manager X SACRAMENTO,CA Human Resources Director X X SAGINAW,MI Police Chief X SAN DIEGO,CA City Manager X SAN FRANCISCO,CA Assistant City Administrator X SAN JOSE,CA Police Chief X SANTA MONICA,CA Deputy City Manager X SARASOTA,FL Human Resources Director X SARASOTA COUNTY,FL Deputy County Administrator X SELMA,AL Chief of Police X SHAKER HEIGHTS,OH City Administrator X SUNNYVALE,CA Public Information Officer X City Clerk X STRATFORD,CT Human Resources Director X TAKOMA PARK,MD City Manager X Recreation Director X X Housing and Community X Development Director Public Works Director X THORNTON,CO Public Information Officer X TOPEKA,KS City Manager X Police Chief X VENICE,FL Police Chief X VIRGINIA BEACH,VA Human Resources Director X SLAVIN MANAGEMENT CONSULTANTS CLIENT POSITION AFRICAN AMERICAN WOMAN LATINO VIRGINIA BEACH PARK Executive Director X TRUST(FL) VOLUSIA COUNTY,FL County Manager X WACO,TX Deputy City Manager X Exec.Dir.-Support Services X Assistant City Manager X Director of Facilities X WAKE COUNTY,NC Human Services Director X THE WEINGART CENTER(LOS Executive Director X ANGELES) WEST C0VINA,CA Planning Director X X WEST MIFFLIN,PA Town Administrator X WEST PALM BEACH,FL Assistant City Administrator X X WICHITA,KS Human Resources Dir X X Community Services Dir X X Communications Director X Director of Libraries X Housing and Development X X Director City Manager X YPSILANTI,MI City Manager X ZOOLOGICAL SOCIETY OF Executive Director X FLORIDA(DADE COUNTY) SLAVIN MANAGEMENT CONSULTANTS S. RENEE NARLOCH & ASSOCIATES i I'L.�:',::'_''.'J.c:.EAEC:TNE.'PECrcliTl,•.!ff�I A ?POPOSAL TO CONDUCT EXECUTIVE RECRUITMENT SERVICES FOR THE CITY MANAGER ON BEHALF OF THE CITY OF DELRAY BEAC;1, FLORIDA S. RENEE NARLOCH, PP.ESIDENT 2910 Kerry Forest Pkviy D4242,Tallahassee,FL 32309 P 850.391.0('00 I F 850.391.0002 infa7,srnsearch.com 1102 S.Austin Ave 110-295,Georgetown,TX 78626 P 512-843.5439 1 F 850.391.0002 infotmownsearch.com v✓w msmsearch.com S. RENEE NARLOCH & ASSOCIATES July 11,2014 Mr.Noel Pfeffer City Attorney City of Delray Beach 200 NW 1 st Avenue Delray Beach, FL 33444 Dear Mr_Pfeffer: We appreciate the opportunity to provide the City of Delray Beach with a proposal to conduct a search for City Manager. Our proposal includes an overview of our qualifications and costs related to our services With respect to this recruitment for the City of Delray Beach,you should know: ,Pi' S. Renee Narloch & Associates has extensive experience conducting quality searches that result in the placement of candidates ideally suited to clients' needs. S. Renee Narloch & Associates was recently incorporated in the State of Florida and is a small, woman-owned business. For the last ten years, Ms Narloch, President, has served as the Senior Vice President of Recruitment for a nationwide public sector consulting firm, responsible for recruitments in 40 states, including Florida. Her career in public sector recruitment spans over 25 years, during which time she has participated in hundreds of public sector searches nationwide. Ms.S. Renee Narloch, President, has extensive experience conducting public sector executive recruitments throughout the nation, including more than 400 searches for clients such as the City of Fort Lauderdale,FL (City Manager; City Attorney; Building Official); Town of Palm Beach, FL (Town Manager), Town of Jupiter,FL(Town Manager);City of Miami Beach,FL(City Manager in 2002 and 2013); City of Ocala,F' (City Manager); City of Dallas, TX(City Manager; Assistant Director of Water Utilities; Assistant Director of Transportation Operations); Broward County, FL (County Attorney; Port Everglades CEO/Executive Director; several other positions);Pasco County, FL (County Manager); Alachua County, FL (County Manager); Lee County, FL(County Manager; County Attorney); Sumter County, FL(Public Works Director; Assistant Public Works Director); City of Coconut Creek, FL (City Attorney); City of Hallandale Beach, FL (Finance Director); and many others. Ms. Narloch will conduct the recruitment for the City Manager for the City of Delray Beach. A sample of her past clients is included in our proposal(Clients,Page 7). S. Renee Narloch & Associates has highly trained staff, a vast network of contacts and professional affiliations in public sector management, and a proven recruitment process tailored to our clients' needs which will result in a quality pool of candidates. Thank you for your consideration. Please do not hesitate to contact us at 850. 391.0000 should you have questions or need additional information. Sincerely, S.Renee Narloch,President 2910 Kerry Forest Pkwy D4-242,Tallahassee,FL 32309 ♦ T 850.391.00001 F 850.391.0002 � TABLE OF CONTENTS ABOUT US OUR UNDERSTANDING OF THE REQUESTED SERVICES................................................ l PRIMARY CONTACT-____...._.... ....... ..................................................... l OUR FIRM HISTORY AND EXPEREN[E ............ SMALL BUSINESS CERTIFICATION-_____-'-''_.....-.................. ................................2 STATEMENT{JF PROFESSIONAL STANDARDS........ .................. .................... ..................2 OUR RECRUITMENT PROCESS DEVELOPING THE CANDIDATE PR[F|LE___'-'--...... ....... .................... ...................3 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE...... ..................... 3 RECRUITING CAND|DATE8'---_---__--_....... ....... .......--- .................... ..........-3 SCREENING --__-'-'--__--''-....... .......-.................. .......................4 PRELIMINARY/NTERVIEWS__--__-'_-__------- ................. ................... ..................4 PUBLIC RECORDS --'----........-.... ....................................z1 RE[OVVNENDATION3L ------ .......-...... .................. ........................4 FINAL INTERVIEWS ..... ................. ........ ...............................4 BACKGROUND CHECKS/DETAILED REFERENCE CHECKS ..................-.................5 NEGOTIATIONS.................___ ....................................-........ ...........................5 COMPLETE ADMINISTRATIVE ASSISTANCE....-......----------- ........ ...................................5 THE TEAM S. REN�ENARL[CH'PRE5|OE ------'--''----'-6 RACHELHANSEiMAN,SENIOR CONSULTANT....... ................. ................... .....................6 DANIELLE PERNNICH'SENIOR 6 CLIENTS/REFERENCES CLIENTS-............... ....... ......... --____-'-__'----_......................... ..................................7 REFERENCES 8 COST PROPOSAL PROFESSIONAL FEE AND EXPEN3E3_'__------'-....... ........ ..................................-g GUARANTEE....-....... .....'-....... --_.......'---_......--' ....... ............................ .......................9 ABOUT US OLJ^ UNDERSTAI-,IDING OF THE REQUESTED SERVICLES S. Renee Narloch & Associates is highly qualified to assist the City of Delray Beach in the recruitment of the new City Manager. We understand the City's scope of services relative to this project and are able to successfully perform each task listed. We have extensive experience providing recruitment services, ranging from the initial contact with candidates to the successful hiring and placement of candidates. We are able to successfully manage all aspects of the recruitment process and will work closely with the City to protect the integrity of the recruitment and to ensure a successful outcome. The City can be assured we will place a high priority on this recruitment,and our dedicated staff will provide their full attention throughout the entire recruitment process. Our recruiters have serviced hundreds of public sector clients,and we understand the importance of an objective and thorough process. PRIMARY CONTACT Ms. S. Renee Narloch, President, will conduct the City Manager recruitment for the City of Delray Beach. Her contact information is as follows: S. Renee Narloch, President 2910 Kerry Forest Pkwy D4-242 Tallahassee, FL 32309 P: 850.391.0000 1 F: 850.391.0002 Email: reneen@srnsearch.com Website: www.srnsearch.com OUR FIRM HISTORY AND EXPERIENCE S. Renee Narloch &Associates' recruiters are known throughout the industry as leading public sector recruiters by both clients and candidates. We have a reputation for conducting quality searches that result in the placement of candidates ideally suited to meet our clients' needs. We pride ourselves on our responsiveness to clients and candidates, and we assure the City of Delray Beach that the highest caliber of service will be provided throughout the recruitment process. S. Renee Narloch & Associates was recently incorporated in the State of Florida and is a small, woman-owned business. For the last ten years, Ms. Narloch has served as the Senior Vice President of Recruitment for a nationwide public sector consulting firm. Her career in public sector recruitment spans over 25 years, during which time she has participated in hundreds of public sector searches nationwide. In addition, our firm is comprised of individuals who are highly trained and experienced win the recruitment of public sector executives. We have offices in Tallahassee, Florida, and Georgetown (Austin),Texas. Ms. S. Renee Narloch, President, has extensive experience conducting public sector executive recruitments throughout the nation, including more than 400 searches for clients such as the City of Fort Lauderdale, FL (City Manager; City Attorney; Building Official); Town of Polm Beach, FL (Town S.RF,,1H NAP..,D,_H&Assn_�cj.%Trs ABOUT US PAGE 1 Manager); Tcwn of Jupiter, FL (Town Manager), C,1 y of Miami Beach, FL (City Manager in 2002 and 2013); City of Ocala, FL (City Manager); City of r?allas, TX(City Manager; Assistant Director of Water Utilities; Assistant Director of Transportation Operations); Brov,,cTd County, FL (County Attorney; Port Everglades CEO/Executive Director; several other positions); Fa:co County, FL (County Manager); Alachua County, 'FL (County Manager); Lee County, FL (County Manager; County Attorney); Sumter County, FL (Public Works Director; Assistant Public Works Director); City of Coconut Creek, FL (City Attorney); City of Hallandale Beach, FL(Finance Director); and many others. Ma Narloch will conduct the recruitment for the City Manager for the City of Delray Beach. A sample of her past clients is included in our proposal (Clients, Page 7). She will be assisted by other senior staff members, as outlined in this proposal (The Team, Page b). We maintain a database of potential candidates, and our nationwide network of contacts and resources will be invaluable in identifying outstanding candidates, including those who may not be currently looking for opportunities. Our experience, combined with our proven recruitment process, expansive network of contacts,and knowledge of outstanding candidates nationwide, will ensure the City of Delray Beach has a quality group of finalists from which to select the new City Manager. SMALL BUSINESS/MINOR!TY BUSINESS S. Renee Narloch & Associates is by federal and state guidelines considered a small, woman-owned business based on the size of our firm, our annual business earnings and the percentage of ownership held (100%) by a woman/minority. STATEMENT OF PROFESSIONAL STANDARDS S. Renee Narloch &Associates believes in sound and ethical business practices. We understand that confidence and respect are imperative to our success. Our services to clients and candidates involve relationships which depend on good faith efforts. We conduct business forthrightly with no intentional misrepresentations which could mislead clients or candidates. We refrain from using any sourcing techniques that involve deception or falsehood and do not engage in activities which violate antitrust laws. Communication between us, our clients, and candidates are impartial and accurate, and we make a concerted effort to see that the position, our clients, and candidates are represented honestly and factually. We honor the confidentiality of proprietary information received from clients and candidates and will disclose any knowledge of potential conflicts of interest to client agencies and candidates. ,.f..,�1E N.'°.0 c ASSC :AYES A50jT US P.!.GE 2 OUR RECRUITMENT PROCESS S_ Renee Narloch & Associates' unique, client-driven approach to executive search will ensure that the City of Delray Beach has a pool of high-quality candidates from which to select the new City Manager. Outlined below are the services we provide in our recruitment process. DEVELOPING THE CANDIDATE PROFILE Our understanding of the City's requirements will be the foundation to a successful search. We will work directly with City staff and others involved in the process in order to learn as much as possible about what the organization expects of a new City Manager. We can also meet with other key staff or community members to gather input. We want to learn about the values and culture of the organization, as well as to understand the current issues, challenges, and opportunities that face the City of Delray Beach. We also want to be fully acquainted with the City's expectations regarding the knowledge, skills, and abilities sought in the ideal candidate, and we will work with your organization to identify expectations regarding education and experience. Additionally, we want to discuss expectations regarding compensation and other items necessary to complete the successful appointment of the ideal candidate. The profile that we develop together at this stage will guide our recruitment efforts. ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE After gaining an understanding of the City's needs, we will design an effective advertising campaign that is appropriate for the recruitment. We will focus on professional journals that are specifically suited to the City Manager search, such as the ICMA Newsletter, utilizing venues that will ensure a diverse pool of applicants, including qualified minority and women candidates. We will also utilize social media and develop a professional recruitment brochure on the City's behalf that will discuss the community, organization, position, and compensation. Once completed, we will mail the brochure to an extensive audience, making them aware of the exciting opportunity with the City of Delray Beach. RECRUITING CANDIDATES After cross-referencing the profile of the ideal candidate with our database of thousands of candidates and our contacts In the field, we will conduct an aggressive outreach effort that includes making personal calls to prospective applicants in order to identify and recruit outstanding candidates, including qualified minority and women candidates. We realize that the best candidate is often not looking for a new job, and this is the person that we actively pursue to become a candidate. Aggressively marketing the City Manager position to prospective candidates will be essential to the success of the search. S Phi,:-E NARiCCF1&ASMC]ATES OUR RECRUITMENT? 0i_=SS F-c.:3 SCREENING CANDIDATES Following the closing date for the recruitment, we will screen all resumes using the criteria established in our initial meetings to narrow the field of candidates. PRELIMINARY INTERVIEWS We will conduct preliminary interviews with the top 10 to 12 candidates in order to determine which candidates have the greatest potential to succeed in your organization. During the interviews, we will explore each candidate's background and experience as it pertains to the City Manager position. In addition, we will discuss the candidate's motivation for applying for the position and make an assessment of his/her knowledge, skills, and abilities. We will devote specific attention to determining the likelihood of the candidate's acceptance of the position if an offer of employment is made. PUBLIC RECORDS SEARCH Following the interviews, we will conduct a review of published articles that reference each candidate. Various sources will be consulted, including Lexis-Nexis", a newspaper/magazine search engine, Google, and local papers from the communities in which the candidates have worked. This brings to our attention any further detailed inquiries that we may need to make at this time. RECOMMENDATIONS Based on the information gathered through meetings with your organization and preliminary interviews with candidates, we will typically recommend three to five candidates for your consideration. We will prepare a detailed, written report on each candidate that focuses on the results of our interviews and public record searches. We will make specific recommendations, but the final selection of those to be considered will be up to you. FINAL INTERVIEWS Our years of experience will be invaluable as we help you to develop an interview process that objectively assesses the qualifications of each candidate. We will adopt an approach that fits your needs, whether it is a traditional interview, multiple interview panel, or assessment center process. We will provide you with suggested interview questions and rating forms, and we will be present at the interviews to facilitate the process. Our expertise lies in facilitating the discussion that can bring about a consensus regarding the final candidates. We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience, since the manner in which the entire process is conducted will have an effect on the candidates' perception of your organization. BACKGROUND CFIECKs/DETAILED REFERENCE CHECKS Based on final interviews, we will conduct credit, criminal, civil litigation, and motor vehicle record checks for the top one to three candidates. In addition, those candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest appraisal of the RE';�E h li,RLOCH&A.:SG::ATFS Ol r'.Ra_.LITMENT P^C:CESS ?i•.GE 4 candidates' strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and. management style. We will ask candidates to provide the names of their supervisors, subordinates, and peers for the past several years. Additionally, we will make a point of speaking confidentially to individuals known to have insight into a candidate's abilities, but who may not be on his/her preferred list of contacts. At this stage in the recruitment, we will also verify candidates'educational backgrounds and any required certifications. NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. Our experience provides us with insight into current industry standards and expectations in negotiating contracts, and we will be available to advise you regarding current approaches to difficult issues such as housing and relocation. Working to secure the appointment of your chosen candidate, we will represent your interests and advise you regarding salary, benefits, and employment agreements. We have the expertise to turn a very sensitive aspect of the recruitment into one that is viewed positively by both you and the candidate. COMPLETE ADMINISTRATIVE ASSISTANCE Throughout the recruitment, we will provide the City with updates on the status of the search. We will also take care of all administrative details on your behalf. Candidates will receive personal correspondence advising them of their status at each critical point during the recruitment. In addition, we will respond to inquiries about the status of their candidacy within 24 hours. Every administrative detail will receive our attention. S.R.-,'-A NitR-OCH$:AssC71,\i�s Oua RED.R,.- , °NT PsC�ESS PA--E S THE TEAM Our team at S. Renee Narloch & Associates is comprised of a diverse group of individuals who have extensive experience in the recruitment of public sector executives. Ms. Narloch will be the lead consultant for the City Manager recruitment for the City of Delray Beach, with assistance from Ms. Rachel Hanselman and Ms. Danielle Pervinich. S. RENE=E NARLOCH, PRESIDEN Ms. Narloch is the President of S. Renee Narloch & Associates and the Director of our offices located in Tallahassee, Florida, and Georgetown (Austin), Texas. She is recognized as one of the nation's leading recruiters. She has more than 25 years of experience conducting public sector recruitments and has participated in more than 400 searches nationwide. Prior to forming S. Renee Narloch & Associates, Ms. Narloch spent 10 years as the Senior Vice President of a public sector executive search firm with responsibilities for clients in 40 states from Texas northward to the East Coast. She also previously served as a Senior Recruiter with DMG and MAXIMUS with sole responsibility for the firm's executive search practice in the Southeastern, Mid-Atlantic, and Mid-Western states. Ms. Narloch received her Bachelor of Science degree in Information Studies, summa cum laude, from Florida State University, Tallahassee, Florida. RACHEL HANSELMAN, SENIOR CONSULTANT As a Senior Consultant with S. Renee Narloch & Associates, Ms. Hanselman is responsible for research, candidate recruitment, screening, reference checks, and background verifications. She focuses on client communication and works closely with clients to coordinate candidate outreach and ensure a successful search. Prior to joining S. Renee Narloch & Associates, Ms. Hanselman had eight years of experience managing her own retail business. Ms. Hanselman received her Bachelor of Arts degree in Business Administration from Flagler College,Tallahassee,Florida. DANIELLE PERVINICH, SENIOR CONSULTANT Ms. Pervinich is the Senior Consultant responsible for the S. Renee Narloch & Associates office in Georgetown (Austin), Texas. She concentrates on client outreach and business operations. Ms. Pervinich previously worked for a local city government growth management department in the Austin area, which has given her great insight into the needs of our clients. She has seven years of experience working in executive administration in both local government and non-profit sectors. Ms. Pervinich received her Bachelor of Arts degree in Communication Studies from Southwestern University, Georgetown,Texas. S.i S JtE NARIOCK&ASSOCIATES Th:E T E.•A 'AGE cU CLIENTS S. Renee Narloch & Associates' recruiters have extensive experience, placing more than 4130 public sector professionals, Below is a list of some of the clients for which Ms. Narloch has recruited in the last few years. For a complete client list, please contact us. Wayne Coun?y,AiNI City cf DolIcs,TX Deputy Chief Director of Personnel and Chief Assistant Director of Transportation Deputy CFO/2010 Operations/2012;Assistant Director of Water E•c tiar:�County,FL Utilities/2012;City Manager/2013 Assistant Director of Economic&Small EI Paso Wcr Utilities-Put-lic S,;v,ce P-oard, Business Development/2010,County TX Attorney/201 1;Port Everglades Chief President/CEO/2012 Executive/Port Director/2012;Port Everglades City of Miami Bach,FL Director of Business Development/2012 City Manager/2012 Sumt!-r Con--nty,F? 1-c-uisiona Housing Cors}orahon,LA Public Works Director/2010,Fire Chief/201 1: Executive Director/2012 Development Services Director/2012 Children's E-Lard of Hillsborough County San Aritcnlo Housing Authority(SAHA),TX Executive Director/2012 Development Services&Neighborhood Alachun County,FL Revitalization Officer/201 O and Director of County Manager/2013 Human Resources&Employee Housing Authority of the City of Brownsville, Development/2010;Director of Community TX Development Initiatives/2012,Director of Chief Executive Officer/2013 Information Technology/2012;Chief Pasco Ccunty,FL Operations Officer/2012 County Manager/2013 SOS Children's Villages-Florida Lee County,FL Chief Executive Officer/2012 County Manager/2013;County b'irginia Commonwealth University(VCU), Attorney/2013 Richmond,VA Pinellas Suncoast Transit Authority(PSTA),FL Police Chief/2010 Chief Financial Officer/2013 New Orleans R,clevclopm•�nt,'authority:LA City of Tallahassee,FL Executive Director/2010 Consolidated Dispatch Intergovernmental City of Cok Cr ek,WI Agency Director,Human Resources Manager, City Administrator/2010 Fire Chief,and Director of Airport/2013 Houston Housing P.athority,Houston,TX Orange County,FL President/CEO/201 1 Chief of Corrections City of Dur)iam,NC Hillsborough County,FL Head Start Division Director of Technology Solutions/2010 Director/2013 Cay of Fort Lauderdale,FL City o.Quincy,FL City Manager/2011;City Attorney/2012; Finance Director/2013 Building Official/2014 Fort Worth Housing Authority, lX Qty of Tcpeka,KS President/CEO/2013 City Manager/2012 Wake County,NC achenter-Genesee Pc.)ional Transportation County Manager/2013 Author iy•.RGRT+i),NY Metropolitan Washington Ai;•por. Chief Executive Officer(CEO)/2010 Authority City of Arlington,TX Vice President for Public Safety/2013 Deputy City Manager/201 1 Scott Prnergency Comr-:un=�aiionz Cenl�r Parks&Recreation Director/2012 Florida Public Transportation (Sit Coy;nty, owa) Emergency Services Dispatch Director/2013 11 cut City of Virginia Beach,VA Ecr Executive Director/201 1 Deputy City Manager/2014;Assistant Human Inc- Learning Coalition of .,ra;<.?�rd County, Services Director/2014 Inc- Chief Executive Officer/201 1 City of Coconut Creek,FL City Attorney/2014 City of Gainasvill+;,FL City of PJorth Port,Fl. City Attorney/2012 City Attorney/2014 Housing Authorl', of the City of i;uJ!1n,TX President/CEO/2012 S.REKrE t J;- �)a;&As�'.xlA cS CLi NTS PH 7 REFERENCES Clients and candidates provide the best testament of our ability to conduct quality searches. Listed below are a few clients for whom S. Ren6e Narloch & Associates' recruiters have conducted searches. The average tenure of placements is approximately five years. CLIENT: City of Coconut Creek, FL REFERENCE: Ms.Mary Blasi,City Manager 4800 W Copans Road,Coconut Creek, FL 33063 (954)973-6720; MBlasi @)coconutcreek.net POSITION: City Attorney CLIENT: City of Hallandale Beach, FL REFERENCE: Ms. Nydia Rafols Salleberry, Deputy City Manager 400 Federal Hwy, Hallandale Beach, FL 33009 (954)457-1338; Nrafolsohallandolebeochflgov POSITION: Finance Director CLIENT: Wake County(Raleigh), NC REFERENCE: Ms. Angela Crawford, Human Resources Director 336 Fayetteville Street,Suite 300, Raleigh,NC 27602 (919) 856-6104; Angela.Crawfordowakegovcom POSITION: County Manager S.i:C:4tr i'�AR,OCi'.x AszOC?ATES CLIP JS a< COST PROPOSAL Pi' OFESSIONA! FEE AND EXPENSES The professional fee for conducting this recruitment on behalf of the City of Delray Beach is $16,500, plus actual expenses. Services covered by the fee consist of all steps outlined in this proposal, including three (3) days of meetings on site. Expenses are estimated to not exceed $7,500 and include items such as the cost of consultant travel, clerical support, placement of ads, newspaper searches, education verification, as well as credit, criminal, and civil checks. In addition, postage, photocopying, and telephone charges are included and will be allocated. Expenses related to the use of audio/video conferencing equipment for interviews, and candidates' travel for interviews, are the responsibility of the City of Delray Beach. CANDIDATE TRAVEL With respect to candidate travel for interviews, we typically ask candidates to make their travel arrangements and advise them the City will reimburse them directly for reasonable airfare, hotel, and auto expenses, if allowed. We advise candidates what is standard and customary in the industry, as well as the City's expectations and parameters regarding travel. Our experience has been that candidates use discretion and stay within reasonable limits both in pricing and scheduling. GUARAMITEE We guarantee that, should the selected candidate be terminated for cause within the first year of employment,we will conduct the search again at no cost(with the exception of expenses) to the City. We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision. S.Pa,NC'E N.,%":):.H&A5sc'zj',TES LOST PR:.3,;A!_ SCHEDULE We are available to begin the search for the City Manager immediately, and our current workload is such that we can ensure the City will receive our full attention throughout the entire recruitment process. We will be prepared to make our recommendation regarding finalists within 75 to 90 days from the start of the search. A standard recruitment can typically be completed in less than 16 weeks and follows an approach and schedule similar to the one below_ WEC: ASK: 1 Conduct meeting with the City staff and others involved in the process 2 Develop recruitment brochure and advertisements 3 City reviews recruitment brochure and advertisements 4 Recruitment brochure printed and advertisements placed 5 Active recruitment of candidates begins 9 Closing date 10 Screen resumes 11-12 Recruiter interviews top candidates 12-13 Public records search 14 Review recommendations with the City staff and others involved in the process 15 Candidates interview with the City, follow-up interviews, and consultant reference/back round checks 16 Candidate selected �.�_h M.r,ao-CFi&Ass-)c. Es C^ST Pf,CF':X 4L PAGE 10 IlkS. RENEE. NARLGC-� AS SC)C'ATES SAMPLE AD Below is a sample advertisement from a recruitment conducted by Ms. Narloch. City Manager- City of_, FL (pop. 185,000) Located alona the beautiful, pristine southeast coast of Florida between Miami and Palm Beach, the City of= is the 7th largest city in Florida and the largest of Broward County's 31 municipalities. A diverse and vibrant community, = is the county seat and has a strong economy and exceptional amenities which contribute to its overall excellent quality of life. The City is seeking a City Manager to oversee the day-to-day operations. The City has approximately 2,500 full-time staff and a total budget of $612 million, including a General Fund of $324 million. The City Manager is appointed by the City Commission which consists of the Mayor and four District Commissioners and is responsible for 16 city departments which include the City Manager's Office, Building, Business Enterprises, Economic Development, Finance, Fire-Rescue, Human Resources, Information Systems, Office of Professional Standards, Parking and Fleet Services, Parks and Recreation, Planning and Zoning, Police, Procurement Services, Public Information and Public Works. A visionary leader with a collaborative management style and excellent interpersonal and communication skills is needed. The ability to align the agency to meet the challenges of the future and to look at the organizational paradigms with a fresh perspective is priority. A solid understanding of sound financial practices and principles is imperative. Experience in strategic planning, performance measurements, benchmarking, budgeting for outcomes, and union negotiations is desired. A Bachelor's degree with an emphasis in public or business administration is required; a Master's degree is preferred. Candidates should have at least ten years of experience in public administration, preferably with a municipality of similar size and complexity. The salary range is open, dependent upon qualifications. First review of applications will take place on March 15, 2014; position is open until filled. If you are interested in this outstanding opportunity, please apply online at www.xxxxx.com. Contact S. Renee Narloch, Senior Vice President, XXXXX, at (850) 391-0000 or reneenc)xxxxx should you have questions. A detailed brochure is available. The City of _is an Equal Opportunity/ADA Employer. Pursuant to Florida's open records law, the application/resumes are subject to public disclosure. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 8, 2014 SUBJECT: AGENDA ITEM 9.I.-REGULAR COMMISSION MEETING OF JULY 15,2014 DESIGNATION OF A VOTING DELEGATE BACKGROUND The 88th Annual Conference of the Florida League of Cities will be held at the Westin Diplomat in Hollywood, Florida on August 14-16, 2014. The League encourages each member city to send as many delegates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the Annual Business Session. By-Laws require that each city select one person to serve as the city's voting delegate. Municipalities do not have to adopt a resolution to designate a voting delegate. Last year Commissioner Jacquet was selected as a voting delegate. The Mayor, a Commissioner, or the City Manager may be designated to serve in that capacity. RECOMMENDATION Recommend designation of a voting delegate to cast votes on behalf of the City of Delray Beach at the Annual Business Session of the Florida League of Cities. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Service Director THROUGH: Terry Stewart, Interim City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 9.J.-REGULAR COMMISSION MEETING OF JULY 15,2014 IN-LIEU OF PARKING FEE REQUEST/MINDFUL MANAGEMENT BACKGROUND Mindful Management, located at 280-290 NE 2nd Avenue, (Pineapple Grove Way) has submitted a Class V site plan modification for the conversion of residential to office use. The proposal includes the reduction of 199 square feet from the 1,632 sq. ft. building to the south to provide an open air entry, and an addition of 280 square feet to the 1,300 sq. ft. building to the north by enclosing a carport, resulting in a total of 3,013 square feet. Land Development Regulations (LDR) Section 4.4.13(G)(1)requires the provision of parking spaces for expansions or changes of use. The parking required for office use is 4 spaces per 1,000 square feet of floor area up to the first 3,000 feet. The proposed conversion of use requires 12 spaces, (3,013/1,000x4=12). Given site constraints only 10 spaces can be provided, resulting in a 2-space deficiency. LDR Section 4.6.9(E)(3) empowers the City Commission to approve the payment of a fee in-lieu of providing required parking spaces if they are impossible or inappropriate to provide, and there is no elimination of existing parking. Given the confines of the property it is impossible to provide all 12 spaces. Therefore, the applicant is requesting the purchase of two (2) in-lieu spaces, at a cost of$7,800 per space, totaling $15,600, to be paid in full upon issuance of a building permit. It is noted, through the reconfiguration of the adjacent right-of-way on NE 2nd Avenue, the project provides one, (1), new on-street parking space, in accordance with LDR Section 4.6.9(E)(3). Although the code goes on to provide a 50% credit for new parking spaces constructed in the right-of-way, spaces resulting in a fraction are rounded down, providing no relief in the amount of fees due. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages the rehabilitation and revitalization of the CBD (Central Business District) through several means, one being the accommodation of parking through innovative actions such as the In-Lieu of Parking Program. Given the relatively small office, and on-street parking in proximity of the site, staff is confident the approval of the 2-spaces will not have a negative impact on the surrounding neighborhood. Furthermore,retaining the existing structures is benefit to the community. Through the Planning &Zoning site plan modification process the Community Redevelopment Agency, Downtown Development Authority, and Pineapple Grove Main Street Board, at their respective meetings,recommended approval of the project contingent upon resolving the parking deficiency. The Parking Management Advisory Board, at its meeting of June 17, 2014, recommended approval of the request, as presented, in the preceding staff report. FINANCIAL DEPARTMENT REVIEW Finance recommends approval at whatever in-lieu rate is in effect on the effective date of the agreement with the applicant. DISCUSSION The City Commission is being asked to approve a request from Mindful Management for the purchase of two, (2) in-lieu of parking spaces, at a cost of$7,800 each totaling $15,600, to be paid in full upon issuance of a building permit. TIMING OF THE REQUEST This item is time sensitive as the applicant has been going through the site plan approval process and is ready to go before the Site Plan Review and Appearance Board. Delays in the process could prove costly to the applicant and possibly jeopardize completion of the project. RECOMMENDATION By motion, approve the request from Mindful Management for the purchase of two (2) in-lieu parking spaces, at a cost of$15,600, to be paid in full upon issuance of a building permit, by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. .ISO SNOISIA3N � � �ZSSf Ip ONtl SNV-ld'dOMA 3IISOdHO w.a VGNO-H'HOVHB AVX1H0 1 AVM 3A01E)3lddV3Nld G6Z/OHZ ° a IN3W3`JdNVIA inj(]NIW,, 'JNI 'SIJ3IIHDdV3dOJ p o Q ) oK a evog g I I I I 114171-7 .—.—.— —.—.—. s@ ❑ 00 000 /A. tu �Ooo�� II II �❑��� II I I � I III �❑ �� y��- I Q- ❑ J I /F � i — �— "uj uj LD I I I ------ w as u- m._ ❑ Ll El LUI o � I O I I � _ 4-1 V Q W ! u 0 1001 01 0 D O D O II D 0 II D C- 3❑ ❑ ❑� ❑� ❑� �,I _ O: ,I I I I I I I r ism _-- .IV P's AN _ _ anV PiC A41k— P'f z y _ LU (D oil a 'alp,• Q a s z Q LL L 1 E _ - nnV I���C 3N.y if and l�uZ QLL ant/Pmt IL rxE 1 ° w a o _ .Y o w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: June 30, 2014 SUBJECT: AGENDA ITEM 9.K.-REGULAR COMMISSION MEETING OF JULY 15,2014 PROPOSED MILLAGE RATE BACKGROUND The City Commission is required each year to submit a proposed millage rate in accordance with State TRIM guidelines. This is used by the Property Appraiser's Office to notify property owners of their proposed taxes for FY 2015. For practical purposes, the proposed millage rate set by the Commission will be the maximum millage rate that can be levied in FY 2015. The Commission can still lower the millage rate at either of the public hearings for budget adoption in September. For FY 2014 the operating millage rate is 7.1611 and the debt service millage rate is 0.3453 for a total millage of 7.5064. For FY 2015 the debt service millage will decrease to 0.3028. The Commission is being asked to consider keeping the operating millage for FY 2015 the same at 7.1611 for a total millage of 7.4639. RECOMMENDATION Staff recommends that the City Commission set a minimum total millage of 7.4639 for FY 2015 (7.1611 operating and 0.3028 debt service). 0 L j- LL Q) U O 0 Sri L 1 m C U 0 L W � N J MW W co W 0 N i LL E a� ro 4-j QL C- m WE WIN O �, - o C: > N V 0 n .se C: Q) o V •0 ca •> ._ fo •0 r •— 4-J 4 fu o 0 buo N o •— i � ca 4-J N � v •N Ln N 'x L u p 0 0. -&-- V Q ro -0 W E 4-j 0 E p N 4-j uJ ca 4-j o qA Q� •— o a -0 ca o _ 0 0 0 0 0 0 0 M r 0 o M r 0 r 0 0 0 0 M o 0 0 0 0 o M o N 00 O M r-I O 00 M r-I 00 r-I O Ql 00 O Ql � O 00 � O I- M l0 W In In I� O l0 O M M O 00 l0 N l0 N O -1 M O I� O O O M 00 buo o - r, O N Ql 00 In rN-I M N N O O O O � r-I O In rM-I 00 rr-I r-I N N 0 ' N 0 w N I, r-I 0 0 0 In R* 00 O In r-I 00 I, O In O O O O O O 0) 00 In I, N M o0 l0 Ql O I, N n O O 00 N I- O 00 O 00 n M N O N O O 00 l0 M In l0 W V} U <D n Ql 00 l0 I, 00 I, 00 00 I, O 00 In O I� O M O N i--I N M O M l0 R* M 00 r� l0 r-q O N In M 00 l0 I- M W N Ln 00 ' ' M I N 00 R* I- r- O r-I N r-I 00 M LL In 'a O O O O O O O O O O O O O O O O O O O O O O O O r-I O1 l0 O Ql r-I N O O M In R* n Ln w S r-I O O M R* r-I Ql N � O n � al al 00 al � <D - O O 00 00 N O N O M W r-I r-I a) ri Q <D n N 00 Ql M N 00 l0 O O O Ql M O ri Cl 00 M N } r-I r-I l0 R* M In M R* N n M N Ln M r-I M In N Ql N I� N LL N r-I l0 00 M l0 M N r-I l0 N I, In 00 I- l0 r-I I� N O0 a M r-I O In �--Z M R* Q) M r-I r-I 0) R* n N M M N 00 O • r V R* 'a N M Oi O O OU') lD 00 OU') r-I 00 n OU-) O ol 0) O O O O 0) r-I O1 O r-I M 00 l0 N l0 r-I In l0 R* r-I N O l0 00 O O � N n r-I - 14 V ♦� •� Do N N O O n N � N r-I U O al N N N O G N al l0 00 l0 lam/) � > N Qi M r, l0 R* Qi U) I, 00 M R* 00 O O I, 00 O In In I, I, l0 rn l0 a) M 00 O M 00 00 00 M a) R* 00 l0 M N Ln O N r-I l0 Ln r-I N O l0 00 r-I N O O N O l0 N I, In M 00 Ln N n n M I� 00 M r-I r-I N N r-I M C) M r-I - M 00 l0 N C ri • E .V W W cry cn N E H D �I O U > O C C C U N J O O .� a) c E , �, p , a L �' > O to 7 M � f0 W M -0.E co < C tLO 0� ±+ c 0 N N O O J U c H w E _ � Q Oa � � '� C you Q 1, L U U c Q a) E E c E v *� E •l-' v E 'ao c vvi c c m Q O O L O C 7 f0 N O 0 U Q a a U W a a c0 C7 C7 cn M u Q � •O M E O Ln O � o LL. 60 -�. o O E E N N o iA. O � c� rl •O O V O O •— Ln ca O 4� r--.. O N O •O -�- cn O C� •— O N V — N ro ca •— cn i N V V J V O co — C: — — O CD cry = (D Ln p cn W Lu LL I m �-� T m w O 00 O m O /��W H m w 00 m 00 m O N w r, V X Z U _ < Lu Lu m N .-i qT 00 qT qT O O w J Lu 0 qt Ln Ln Ln Ln qt qt qt qt Lfl O •E rl r4 qT qT 00 r4 qt 0 0 0 0 0 0 0 0 0 Ln qt 0 •� Ol l0 Ol N Ol O O Ol N 00 p = 01 01 m l0 m N O O W M W W r-I N ci ci 00 LU JIn a > ° fYi N O O p m m lc m rn oN m N � rvoo w Q Ln O to ci m O O 0o Lr ^, V) c-I' N N m O I, m n qT m W ^ cn > 111 w m qT .-i w qT O Ol qT > Q m l0 ci O - ci N Lfl N X C� x . = � 00 E 00 o 0 o m o o m m m m ^, L^w �Q 4� -° > O O Wo H C7 0 00 00 m o -1 o m qT Lmn °N° (� m Q m qT m to m O ci O qT O Lu j -q Ln lz� lz� lz� Ln to to to m m p J tn- 0 0 0 0 0 0 0 0 0 0 O � N ' Z W o 0 0 m 0 0 0 •� ( 0 N ci ci a g ° w qT m m m m m° w w LL J r-I 00 ci m ci ci ci ci ci ci 00 V} I� to to to ri ri ri ri ri ri w 0 � O N N buo W I, 00 Ol 0 r-I N m qT Ln ,V o O O O ci ci ci ci ci ci } 0 0 0 0 0 0 0 0 0 0 Co 4-J W \o —ro � � O ro E � ca E Q E o o 4� - -0 •- ca E U _0 Ln •— •— ca ca +� 0 LL. � — N I I ca I rl N > CL L/) ca c/) 0 0 0 0 L N � � Q O � O 0 bLO u MO p `� ca ca .C: ,C: • buo cn .N ao ,0 0 U ca z N ° U o Ul E r'-' � o a� NO p DC •- rq o � >- Q a� C: u a� ca O � CL LL 0 0 0 0 O w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: June 30, 2014 SUBJECT: AGENDA ITEM 9.L.-REGULAR COMMISSION MEETING OF JULY 15,2014 PROPOSED MILLAGE RATE/DDA BACKGROUND On July 7, 2014, the Downtown Development Authority (DDA)voted to approve a proposed millage rate of 1.0000 for FY 2015. The DDA current year millage rate is 1.0000. DISCUSSION This item is before Commission to approve a proposed millage rate of 1.0000 for FY 2015. The DDA current year millage rate is 1.0000. RECOMMENDATION Staff recommends that the City Commission approve the DDA millage rate at 1.0000 for FY 2015. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 3, 2014 SUBJECT: AGENDA ITEM 9.M.-REGULAR COMMISSION MEETING OF JULY 15,2014 NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD BACKGROUND The terms for regular member, Mr. Keith Sonderling and alternate member Ms. Kristin Christensen expired on July 1, 2014. Mr. Sonderling will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Ms. Christensen will have served an unexpired term and would not like to be nominated for reappointment. Nominations for appointment are needed for one (1) regular member and one (1) alternate member to serve two (2)year terms ending July 1, 2016. According to the Civil Service Act, there are to be five (5)regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be nominated for appointment: Keith Sonderling Attorney Incumbent Kevin Warner Educator(also applying to the Delray Beach Housing Authority, Education Board and Police Advisory Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1) for one (1) regular member to serve two (2) year terms ending July 1, 2016. Commissioner Jacquet (Seat #2) will nominate one (1) alternate member to serve on the Civil Service Board for two (2)year terms ending July 1, 2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Civil Service Board. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Recommend nominations for appointment for one (1)regular member and one (1) alternate member to serve on the Civil Service Board for two (2)year terms ending July 1, 2016. CIVIL SERVICE BOARD 07/14 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2014 Keith Sonderling Appt 07/05/12 Attorney 07/01/2016 Carol Clark Retired/Accounting Appt 07/06/10 alt Clerk Appt 06/19/12 reg Reappt 07/01/14 re 04/01/2015 Larry Zalkin Financial Advisory Appt 04/05/11 Reappt04/16/13 04/24/2015 Jennifer Reynolds, Chairperson Elected 04/27/05 Network Engineer Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 Re-elected 04/30/09 Re-elected 04/29/10 Re-elected 04/28/11 Re-elected 04/25/12 Re-elected 04/25/13 Re-elected 04/30/14 04/24/15 Chassler Holm,Vice Chairperson Utility Maintenance Elected 04/25/12 Re-elected 04/25/13 Supervisor Re-elected 04/30/14 ALTERNATES 07/01/2014 Vacant 04/24/2015 Desiree Lancaster Executive Assistant Elected 04/30/14 Contact: Yolaina Ruiz 243-7056 S/City Clerk/Board 14/Civil Service \ W / Q i W i i W � , U ooN N N No / U ^: N \ w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 1, 2014 SUBJECT: AGENDA ITEM 9.N.-REGULAR COMMISSION MEETING OF JULY 15,2014 NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE BACKGROUND The term for regular members Ms. Evelyn Dobson, Ms. Dorothy Ellington, Ms. Susan Sims, Mr. Colson Zulmar and Mr. Clifford Durden will expire on July 31, 2014. Mr. Durden will have served one (1) full term, is eligible, however, he does not meet the criteria to be nominated for reappointment due to his term on the Planning and Zoning Board expiring on August 31, 2014. Mr. Durden will have served two (2) full terms and will not be eligible for reappointment to that board, which affects his ability to serve in the Local Planning Agency capacity. Ms. Dobson, Ms. Ellington, Ms. Sims and Mr. Zulmar will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Nominations for appointment are needed for four (4) regular members to serve two (2) year terms ending July 31, 2016. On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12-08 establishing the Affordable Housing Advisory Committee for the purpose of recommending incentives for affordable housing to the City Commission. On January 17, 2012, Resolution No. 05-12 was adopted to allow the appointment of citizens engaged in the activity without regard to affordable housing if the City whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing. The Affordable Housing Advisory Committee shall consist of eleven (11) members that meet the following criteria: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for-profit provider of affordable housing. (f) One citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to Section 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. 0) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made as follows: Term Expiration Date Commissioner/Mayor to appoint Category July 31, 2016 (two year term) Commissioner Petrolia (Seat#1) F July 31, 2016 (two year term) Commissioner Jacquet(Seat#2) I July 31, 2016 (two year term) Commissioner Frankel(Seat#3) J July 31, 2016 (two year term) Commissioner Jarjura (Seat#4) K DISCUSSION This item is before the City Commission for nominations for appointment to the Affordable Housing Advisory Committee. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Recommend nominations for appointment for four (4)regular members to serve on the Affordable Housing Advisory Committee for two (2)year terms ending July 31, 2016. AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT A One citizen who is actively engaged in the residential home building industry in connection with affordable housing: A) • Vacant One citizen who is actively engaged as a real estate professional: G) • Vacant One citizen who is actively engaged as a not-for-profit provider of affordable housing. F) Evelyn Dobson Incumbent One citizen who actively serves on the local planning agency pursuant to Section 163.3174. H) • Vacant One citizen who resides within the jurisdiction of the local governing body making the appointments. 1) Colson Zulmar Incumbent One citizen who represents employers within the jurisdiction. J) Dorothy Ellington Incumbent One citizen who represents essential services personnel, as defined in the local housing assistance plan. K) Susan Sims Incumbent 07/14 AFFORDABLE HOUSING ADVISORY COMMITTEE TERM REGULAR MEMBERS OCCUPATION POSITION Contact: Ferline EXPIRES FILLING Mesidort 243-7236 07/31/2015 Residential home s/city perk/Boas 14/Affordable Housing building Advisory Cor=ittee Vacant 07/31/2015 Wanda Gadson Advocate for low Appt 07/25/13 income persons Executive Director 07/31/2015 Regina Hands Senior Credit Unexp Appt 03/20/12 Analyst Banking or Mortgage Reappt07/25/13 Banking 07/31/2014 Clifford Durden Educator Unexp Appt 03/20/12 Serves on local Reappt08/07/12 planning agency 07/31/2014 Susan Sims Registry Coach Unexp Appt 03/20/12 Represents essential Reappt08/07/12 services personnel 07/31/2015 Mike Williams,Vice Chair Unexp Appt 03/20/12 Associate Exec Areas of labor Reappt07/25/13 Director/Family actively engaged in Services home building 07/31/2014 Unexp Appt Vacant Real Estate Professional 07/31/2014 Colson Zulmar Produce Manager Unexp Appt 03/20/12 Citizen who resides 08/07/12 within the jurisdiction 07/31/2014 Dorothy Ellington Executive Director Represents employers Appt 08/07/12 within the jurisdiction 07/31/2014 Evelyn Dobson, Chair Engaged as a not-for- Unexp Appt 03/20/12 Operations profit provider of Reappt08/07/12 Manager affordable housing 07/31/2015 Kurt Heide Appt 07/25/13 For-profit provider of affordable housing \ U / \ Q / z i W i w � i \ W W \ ° 0 w O O 0 0 O O 0 0 O O O O O O p p U G \ toz � " / w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 1, 2014 SUBJECT: AGENDA ITEM 9.0.-REGULAR COMMISSION MEETING OF JULY 15,2014 GREEN IMPLEMENTATION ADVANCEMENT BOARD NOMINATIONS FOR APPOINTMENT BACKGROUND The term for regular members Mr. Jeffrey Conley, Mr. Joeven Valenzuela and Ms. Hilary Roche will expire on July 31, 2014. Mr. Conley will have served one (1) full term, is eligible, and would not like to be nominated for reappointment. Mr. Valenzuela and Ms. Roche would have served unexpired terms and would not like to be nominated for reappointment. Please be advised that Mr. Bruce Bastian and Mr. Frederick Kaub are alternate members and would like to be considered for regular membership. Nominations for appointment are needed for three (3) regular members to serve two (2) year terms ending July 31, 2016. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Implementation Advancement Board for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Implementation Advancement Board shall consist of five (5) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat #2) for three (3) regular members to serve two (2)year terms ending July 31, 2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Green Implementation Advancement Board. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Recommend nominations for appointment for three (3)regular members to serve on the Green Implementation Advancement Board for two (2)year terms ending July 31, 2016. GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Bruce Bastian Business Development Manager Incumbent/Alternate Frederick Kaub President-Environmental Services Incumbent/Alternate Nancy Richards Elder Mediation Specialist 05/14 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME &ADDRESS OCCUPATION 07/31/2015 Giulia Pace Vice President/Investment Unexp Appt +2 yr.02/19/13 Research 07/31/2014 Jeffrey Conley Architecture/Engineering- Unexp Appt 12/06/11 Principal Reappt 07/05/12 07/31/2014 Joeven Valenzuela Engineer/Principal/Co- Unexp Appt 09/20/12 Owner 07/31/2015 Stephanie "Chloe" Bedenbaugh Human Resources Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt06/21/11 Reappt10/15/13 07/31/2014 Hilary Roche Managing Director Unexp Appt 09/20/12 ALTERNATE MEMBERS 07/31/2015 Bruce Bastian Business Development Unexp Appt 05/20/14 Manager 07/31/2015 Frederick Kaub President—Environmental Unexp Appt 06/03/14 Services S/City Clerk/Board 13/Green Implementation Advancement Board Contact:John Morgan 243-7324 wN ra zN i � NM O awN w w w w O M M N M N M N M O M C�j / W N � \ V a a Z eC v � at W � •� U N V1 O-D \-i\-i\-i\-i\-i\-i\-i\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/ r MEMORANDUM r TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 1,2014 SUBJECT: AGENDA ITEM 9.P.-REGULAR COMMISSION MEETING OF JULY 15,2014 NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD BACKGROUND The term for regular members Ms. Wayna Claxton, Ms. Edith Thompson, Mr. Aird Cajuste, Mr. Samuel Menard, Mr. Robert Shell and Shelly Weil will expire on July 31, 2014. Ms. Edith Thompson will have served two (2) full terms and is not eligible for reappointment. Ms. Wayna Claxton, Mr. Robert Shell and Mr. Shelly Weil will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Mr. Samuel Menard and Mr. Aird Cajuste will have served one (1) full term and would not like to be nominated for reappointment. Nominations for appointment are needed for six(6)regular members to serve two(2)year terms ending July 31,2016. In order to qualify for appointment, a person shall be either a resident of, own property,own a business, or be an officer, director, or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community;business owners,religious and faith based organizations,youth, school officials and local organizations,where feasible. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A"attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat #5), Commissioner Petrolia(Seat#1) and Commissioner Jacquet(Seat#2) for six (6)regular members to serve two(2)year terms ending July 31,2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Police Advisory Board. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Recommend nominations for appointment for six (6)regular members to serve on the Police Advisory Board for two(2)year terms ending July 31,2016. City of Delray Beach Police Advisory Board —Applicants Exhibit A 1. Wyana Claxton Incumbent Resident/Business Owner 2. Lea Anne DeRigne Resident 3. Ellen Major-Hanna Resident 4. Robert Shell Incumbent Resident 5. Kevin Warner Resident 6. Sheldon Weil Incumbent Resident • Lea Anne DeRigne (also applying to Code Enforcement Board) • Kevin Warner(also applying to Civil Service, Delray Beach Housing Authority and Education Board) POLICE ADVISORY BOARD 7/14 TERM EXPIRES NAME &ADDRESS 07/31/15 Jack Chadam Unexp Appt+2 yr 05/21/13 07/31/14 Wyana Claxton Unexp Appt 08/16/11 Reappt07/17/12 07/31/14 Samuel Menard Appt 08/07/12 07/31/14 Robert Shell, Chair Unexp Appt 08/02/11 Reappt 07/17/12 07/31/15 Matthew Monahan Unexp Appt 04/20/10 Reappt06/21/11 Reappt07/25/13 07/31/15 Annette Annechild Unexp Appt 11/01/11 Reappt07/25/13 07/31/14 Shelly Weil, Vice Chair Appt 07/17/12 07/31/14 Aird Cajuste UC) Appt 07/17/12 07/31/14 Edith Thompson Appt 07/20/10 Reappt 07/17/12 07/31/15 Michael Costin Appt 08/06/13 07/31/15 John Jackson Unexp Appt 12/03/2013 07/31/15 Vacant (Student) 07/31/14 Vacant Student Contact: Yolaina Ruiz 243-7056 S/City Clerk/Board 14/Police Advisory Board \ Q / \ z / w \ N / 0 ti a� CAa� o / Z d zowwH � z � � C�j o \ Z o x C�j C�j / Cj O 0.1 ~ / M Vl N Vl M in Mi z \zs O O O O O O O p 0 O O O O O p 0 O O O O O p O \ C�j / \ Cd C6 C�j C�j / Cd Cd w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 1, 2014 SUBJECT: AGENDA ITEM 9.Q.-REGULAR COMMISSION MEETING OF JULY 15,2014 NOMINATION FOR APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD BACKGROUND The term for regular members Mr. Bruce Gimmy and Mr. Alan Kornblau, will expire on July 31, 2014. Mr. Kornblau will have served two (2) full terms and is not eligible for reappointment. Mr. Gimmy will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Please note that only one (1) appointment will be made, as there is only one (1) applicant at this time. Nomination for appointment is needed for one (1) regular member to serve a two (2) year term ending July 31, 2016. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individual has submitted an application and would like to be nominated for appointment: Bruce Gimmy Business Owner Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and the individual is registered. Based on the rotation system, the appointment will be made by Mayor Glickstein (Seat #5) for one (1) regular member to serve a two (2) year term ending July 31, 2016. DISCUSSION This item is before the City Commission for nomination for appointment to the Parking Management Advisory Board. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Recommend nomination for an appointment for one (1)regular member to serve on the Parking Management Advisory Board for a two (2)year term ending July 31, 2016. 3/14 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31/15 Gerald Franciosa Unexp Appt 10/21/13 P & Z Ratified 11/05/13 07/31/14 William Morse CHAMBERS Appt 07/21/10 Ratified 08/17/10 Reappt 07/25/12 Ratified 08/21/12 07/31/15 William Branning CRA Appt 08/08/13 Ratified 09/17/13 07/31/14 Vacant WARC 07/31/14 Diane Franco DDA Unexp 08/21/09 alt Ratified 11/17/09 Reappt 07/12/10 alt Ratified 08/17/10 Reappt 07/02/12 reg The representatives above are ratified by the City Commission. The representatives below are appointed by the City Commission. 07/31/14 Mr. Bruce Gimmy, Chair Atlantic Avenue Unexp Appt 07/25/13 Corridor Between Swinton Avenue and the Intracoastal 07/31/14 Alan Kornblau Atlantic Avenue Unexp Appt 01/03/08 Corridor Reappt 01/05/10 Reappt 07/17/12 Between Swinton Avenue and Interstate 95 07/31/16 Fran Marincola Atlantic Avenue and Appt 06/17/14 State Road AIA Corridors and lying East of the Intracoastal Waterway 07/31/14 Old School Square Historic Arts District Vacant 07/31/15 Allen Huntington Citizen-at-Large Appt 07/25/13 07/31/15 Brian Rosen Citizen-at-Large Unexp Appt 04/05/11 Reappt 08/02/11 Reappt 07/25/13 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31/14 Clifford Durden P&Z Unexp Appt 10/21/13 Ratified 11/05/13 07/31/14 CHAMBERS Unexp Appt Vacant 07/31/14 Reginald Cox CRA Unexp Appt 08/08/13 Ratified 09/17/13 07/31/14 Peter Perri WARC Appt 07/12/12 Ratified 08/21/12 07/31/14 Albert Richwagen DDA Appt 07/13/12 Ratified 08/21/12 S/City Clerk/Board14/Parking Management Advisory Board Contact: Scott Aronson—Parking Management Specialist 243-7196 \ U Q oN z i WN i / aZ z gLuLu - zc� z w z � N a a a a a a a cn \ M M M O O O 4 -g / c bA \ x 4i C�j C�jCj z gwwH — zC7 O �i C�j N N \ CA C / � U � N o = U� ° M ° M N M M L". pi - / 00 0 0 ° 0 0 0 0 W W w w W W W w x cd N N 0 � \ W y to to bA v c aU � w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 1, 2014 SUBJECT: AGENDA ITEM 9.R.-REGULAR COMMISSION MEETING OF JULY 15,2014 NOMINATION FOR APPOINTMENT TO THE NUISANCE ABATEMENT BOARD BACKGROUND The term for regular members Ms. Wendy Smith and Ms. Linda Laurence-Leib, will expire on July 31, 2014. Ms. Smith and Ms. Leib will have served two (2) full terms and are not eligible for reappointment. Please be advised that Mr. Reback is an alternate member and would like to be nominated for regular membership. Nominations for appointment are needed for two (2) regular members to serve two (2) year terms ending July 31, 2016. However, only one (1) appointment will be made because there is only one (1) applicant at this time. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individual has submitted an application and would like to be nominated for appointment: Adam Reback Operations Consultant Alternate Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and the individual is registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4) for one (1)regular member to serve a two (2)year term ending July 31, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Nuisance Abatement Board. TIMING OF THE REOUEST This item is not time-sensitive. RECOMMENDATION Recommend nomination for appointment for one (1)regular member to serve on the Nuisance Abatement Board for a two (2)year term ending July 31, 2016. NUISANCE ABATEMENT 07/14 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/2014 Wendy Smith Health Policy Unexp Appt 08/18/09 alt Consultant Appt 02/16/10 reg Appt 08/07/12 07/31/2015 Greta Britt N/A Appt 07/05/11 Reappt07/25/13 07/31/2015 Philip Friedman Appt 07/25/13 Assistant Director 07/31/2014 Linda Laurence-Leib Office Manager Appt Alt 04/07/09 Appt Reg 06/18/09 unexp Reappt08/17/10 Appt 08/07/12 07/31/2015 Carol Anderson Personnel Unesxp Appt 08/21/12 Administration Reappt07/25/13 07/31/2015 Arline Sherman Retired/Physical Appt 08/07/12 Therapy Reappt07/25/13 07/31/2015 Adam Reback Operations Consultant Unexp Appt 08/07/12 Reappt07/25/13 Steve D. Rubin, Esq Assistant-Martha Cathy Kozol Contact: Yolaina Ruiz 243-7056 S/City Clerk/Board 14/Nuisance Abatement \ U / \ Q / z i W i i i i O O O O O O O O O O O O O O U a z C3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 3, 2014 SUBJECT: AGENDA ITEM 9.S.-REGULAR COMMISSION MEETING OF JULY 15,2014 NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD BACKGROUND The term for regular member, Ms. Debra Kaiser will expire on July 31, 2014. Ms. Debra Kaiser will have served two (2) full terms and is not eligible for reappointment. Nomination for appointment is needed for one (1)regular member to serve two (2)year terms ending July 31, 2016. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: Name Background Mercie Alcindor Educator Adam Reback Operations Consultant(Currently on Nuisance Abatement Board) Kevin Warner Educator (also applying to the Delray Beach Housing Authority, Civil Service Board and Police Advisory Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2) for one (1)regular member to serve a two (2)year term ending July 31, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Education Board. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Recommend nomination for an appointment for one (1)regular member to serve on the Education Board for two (2)year terms ending July 31, 2016. 7/14 EDUCATION BOARD TERM EXPIRES NAME &ADDRESS OCCUPATION 07/31/2015 Mitchell Katz, Chair Development Appt 07/05/11 Representative Reappt07/25/13 07/31/2016 Lisa Paolo Director of Academy Appt 07/01/14 O erations 07/31/2016 Jeremy Office Certified Financial Planner Appt 4/01/14 07/31/2016 Michelle Quigley Educator Appt 4/01/14 07/31/2014 Debra Kaiser Senior Director Appt 07/20/10 Reappt07/17/12 07/31/2016 Angela Burns Educator Unexp Appt 11/15/11 Reappt07/17/12 Reappt 07/01/14 7/31/2015 Julia Kadel Director of Admissions Unexp Appt 12/06/11 Reappt07/25/13 07/31/2015 Cathy DeMatto Development Consultant Appt 08/06/13 07/31/2015 Daryl Pauling Educator Unexp Appt 10/01/13 07/31/2015 Joyce Warner Educator Appt 07/25/13 07/31/2015 Margarita Kaufman Educator Appt 08/06/13 STUDENT MEMBERS (one term limit) 7/31/2015 Vacant Student 2 YEAR TERM 7/31/2014 Vacant 1 YEAR TERM Student Contact:Janet Meeks 243-7231 S/City Clerk/Board 2014/Education Board \ U / zM i w � \ N / Z a a a z W O O O O O O O O O O O O O O O O O O O O O O O O r MEMORANDUM r TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 3,2014 SUBJECT: AGENDA ITEM 9.T.-REGULAR COMMISSION MEETING OF JULY 15,2014 PUBLIC ART ADVISORY BOARD NOMINATION FOR APPOINTMENT BACKGROUND There is a vacancy on the Public Art Advisory Board due to the resignation of Mr. Chris Metzger. The term is unexpired ending July 31, 2015. Nomination for appointment is needed for one (1) regular member to serve an unexpired term ending July 31, 2015. On February 1,2005,the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection,construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individual has submitted an application and would like to be nominated for appointment: Name Background Shirl Fields Jewelry Designer/Retired A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2)for one(1)regular member to serve an unexpired term ending July 31,2015. DISCUSSION This item is before the City Commission for nomination for appointment to the Public Art Advisory Board. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Recommend nomination for appointment for one (1)regular member to serve on the Public Art Advisory Board for an unexpired term ending July 31,2015. PUBLIC ART ADVISORY BOARD 07/14 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/15 Daniel Bellante Business Owner Unexp Appt 03/20/12 Reappt07/09/13 07/31/16 Sharon Koskoff Artist Appt 07/17/12 Reappt07/01/14 07/31/15 Vacant 07/31/14 Sandi Franciosa Appt 07/20/10 Administrative Reappt07/17/12 Asst/Retired 07/31/16 Kevin Rouse Artist/Photographer Appt 07/17/12 Reappt07/01/14 07/31/16 Carolyn Pendelton-Parker Landscape Architect Appt 08/07/12 Reappt07/01/14 07/31/15 Patricia Truscello Public Relations Appt 05/21/13 Unexp Appt+ Specialist 2 yr Contact: Suzanne Davis 243-7151 S/City Clerk/Board 14/Public Art Advisory Board QN zN i wN � N N z � x U / r � � 0 O M M M O M M O M N M 0 0 ° o 0 0 0 0 0 0 0 0 N a a a k a k i. a a k a k o U O \ \ r ►` \"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/ 'A w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 3, 2014 SUBJECT: AGENDA ITEM 9.U.-REGULAR COMMISSION MEETING OF JULY 15,2014 NOMINATIONS FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY BACKGROUND The term for regular member Ms. Sylvia Morris expired on July 14, 2014. Ms. Morris will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Nomination for appointment is needed for one (1)regular member to serve a four (4)year term ending July 14, 2018. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2) for one (1) regular member to serve on the Delray Beach Housing Authority for a four (4) year term ending July 14, 2018. DISCUSSION This item is before the City Commission for nomination for an appointment to the Delray Beach Housing Authority Board. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Recommend nomination for appointment for one (1)regular member to serve on the Delray Beach Housing Authority Board for a four (4)year term ending July 14, 2018. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Philip Friedman Finance (currently serving on the Nuisance Abatement Board) Sylvia Morris Incumbent Kevin Warner Educator(also applying to the Education, Civil Service Board and Police Advisory Board) Morris Weinman Retired Alan Weitz CEO Financial Banking DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 07/14 TERM REGULAR MEMBERS EXPIRES 07/14/2016 Joseph Hepp, Chair Unexpired Appt 10/21/08 Reappt06/19/12 07/14/2018 Marcia Beam Unexp Appt 10/04/11 Reappt07/01/14 07/14/2014 Sylvia Morris Unexp Appt 07/10/07 Reappt07/06/10 07/14/2017 Gaston Joseph Unexp Appt+4 yrs.05/21/13 10/27/2015 Christel Silver, Vice Chair Appt 11/6/07 Reappt10/04/11 03/06/2018 Guam Sims Unexp Appt 10105110 Rea t 5/13/14 07/14/2018 Choli Aronson Unexp Appt 05/19/09 Reappt07/06/10 Reappt07/01/14 Director: Dorothy Ellington Contact:Jackie Fernandez 272-6766 X-18 jfernandez@dbha.org Housing Authority Fax 278-4937 272-7352 S/City Clerk/Board 14/Delray Beach Housing 0 zo w z � / CC w 0 U w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 11, 2014 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF JULY 15,2014 RESOLUTION NO.29-14 BACKGROUND The assessment is proposed at the rate of$5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of$63.96 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 29-14 as Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit "B". The assessment roll will be available for review in the Commission Chambers at the July 15th meeting. RECOMMENDATION Recommend approval of Resolution No. 29-14. RESOLUTION NO. 29-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 10, 1990, adopt Ordinance No. 21-90, which provides for the creation and establishment of a City-wide Stormwater Management System;and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach to provide for the method of establishing and collecting Stormwater Management Assessments;and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law;and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system;and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the City Commission;and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law;and WHEREAS, Chapter 56 of the Code of Ordinances of the City of Delray Beach provides that such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 2015, is set forth in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21- 90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach;and WHEREAS, billing and collection of the stormwater management assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for stormwater management assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the Code of Ordinances of the City of Delray Beach, and as further set forth in Exhibit`B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and, if, upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefore. 2 RES. NO. 29-14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit"A" hereto which is incorporated herein. Section 3. That the City Commission does hereby adopt, after public hearing, the rates as set forth in Exhibit"B" hereto which is incorporated herein. Section 4. That the City Commission hereby adopts and certifies the Stormwater Management Assessment Roll. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the 15`h day of July, 2014. ATTEST: MAYOR City Clerk 3 RES. NO. 29-14 EXHIBIT "B"TO RESOLUTION NO. 29-14 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($5.33/Mo./ERU) (12 Mo.) (1 ERU) $ 63.96 Condominium ($5.33/Mo./ERU) (12 Mo.) (Condo Factor) $ 63.96 (ERU/Unit) x CF* Single Owner Multi-Family Residential ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU Non-Residential Developed ($5.33/Mo./ERU) (12 Mo.) $ 63.96/ERU Undeveloped ($5.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 76.75/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. *A specific condominium factor (0.0 — 1.0) has been determined for each condominium development. A list of those factors is attached. 4 RES. NO. 29-14 Exhibit"A" FY 2014-15 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 REGULAR SALARIES/WAGES $ 103,640 15-20 CAR ALLOWANCE - 21-10 EMPLOYER FICA 7,880 22-10 GEN'L EMP RETIREMENT 11,540 22-30 ICMA CONTRIBUTIONS - 23-10 LIFE INSURANCE 340 23-20 DISABILITY INSURANCE 250 23-30 HEALTH INSURANCE 17,760 24-10 WORKERS'COMPENSATION 4,540 25-10 UNEMPLOYMENT COMPENSATION 180 25-20 EMPLOYEE ASSISTANCE PROG. 60 * PERSONAL SERVICES 146,190 31-30 ENGINEERING/ARCHITECT 31,970 31-90 OTHER PROFESS SERVICES 20,000 32-10 AUDIT/ACCOUNTING FEES 2,010 40-10 TRAVEL&TRAINING 1,100 41-10 TELEPHONE EXPENSE 300 41-15 PORTABLE PHONE/MDD 270 42-10 POSTAGE 300 43-10 ELECTRICITY 1,740 43-50 STORMWATER CHARGES 1,170 44-30 EQUIPMENT RENTAL/LEASE 980 44-45 VEHICLE RENTAL-GARAGE - 45-10 GENERAL LIABILITY 8,050 46-20 EQUIPMENT MAINTENANCE - 46-30 VEHICLE MAINT-GARAGE - 46-90 OTHER REPAIR/MAINT COST 31,800 47-20 REPRODUCTION CHARGES 2,000 49-10 ADVERTISING 700 49-22 SHARE OF ADMIN EXP 123,700 51-10 STATIONERY/PAPER/FORMS 2,000 51-90 OTHER OFFICE SUPPLIES 1,500 52-10 FUEL/LUBE VEHICLES - 52-20 GEN'L OPER SUPPLIES 3,000 52-22 UNIFORM/LINEN SERVICE 160 54-10 BOOKS&PUBLICATIONS 130 54-15 SUBSCRIPTIONS 300 54-20 MEMBERSHIPS 1,140 54-30 TRAINING/EDUCATION COSTS 1,320 * OPERATING EXPENSES 235,640 64-11 COMPUTER EQUIPMENT - 64-12 OFFICE EQUIPMENT - CAPITAL OUTLAY - 91-01 TRANSFER TO GENERAL FUND 368,480 * TRANSFERS 368,480 99-01 PROJECT RESERVE - * NON OPERATING - ** STORMWATER ADMINISTRATION $ 750,310 Exhibit"A" FY 2014-15 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES $ 196,520 14-10 OVERTIME 10,000 13-10 OTHER PAY 300 21-10 EMPLOYER FICA 14,490 22-10 GEN'L EMP RETIREMENT 12,480 22-30 ICMA CONTRIBUTIONS 23-10 LIFE INSURANCE 780 23-20 DISABILITY INSURANCE 490 23-30 HEALTH INSURANCE 48,250 24-10 WORKERS'COMPENSATION 13,560 25-10 UNEMPLOYMENT COMPENSATION 500 25-20 EMPLOYEE ASSISTANCE PROG. 160 * PERSONAL SERVICES 297,530 31-20 MEDICAL - 34-70 PHOTO/MICROFIL,M SERVICES 100 34-78 REPAIR&UPKEEP CANALS 15,740 34-90 OTHER CONTRACTUAL SERVICE 42,900 40-10 TRAVEL&TRAINING 990 41-15 PORTABLE PHONE/MDD 3,440 43-10 ELECTRICITY 10,670 43-25 IRRIGATION WATER 6,210 43-50 STORMWATER CHARGES - 44-10 LAND RENTAL/LEASE 3,200 44-30 EQUIPMENT RENTAL/LEASE 800 44-45 VEHICLE MAINT-GARAGE 79,420 45-10 GENERAL LIABILITY 16,000 46-20 EQUIPMENT MAINTENANCE 1,450 46-30 VEHICLE MAINT-GARAGE 74,850 46-90 OTHER REPAIR/MAINT COST 54,770 47-10 PRINTING/BINDING SERVICES - 49-16 COMML DRIVERS LIC RENEWAL 180 51-10 STATIONERY/PAPER/FORMS 50 51-20 OFFICE EQUIPMENT - 51-90 OTHER OFFICE SUPPLIES 200 52-10 FUEL/LUBE VEHICLES 33,380 52-20 GEN'L OPER SUPPLIES 8,000 52-22 UNIFORMS/LINEN SERVICE 2,500 52-24 BUILDING MATERIALS 700 52-26 GARDENING SUPPLIES 9,380 52-27 EQUIPMENT<$1,000 10,000 53-10 REPAIRS-ROADS 4,400 53-20 REPAIRS-DRAINAGE 11,200 53-90 OTHER ROAD MATERIALS 11,500 54-20 MEMBERSHIPS - 54-30 TRAINING/EDUCATION COSTS 480 * OPERATING EXPENSES 402,510 64-90 OTHER MACHINERY/EQUIPMENT 13,910 * CAPITAL OUTLAY 13,910 ** STORMWATER SYSTEM MAINTENANCE S 713,950 Exhibit"A" FY 2014-15 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 46-43 DRAINAGE SWALES $ 68-86 SWINTON&ATLANTIC INTERS 68-95 SW 10TH/9TH AVE IMPROV 68-96 BLOCK 8 ALLEY XX-XX ***BASIN PUMP STATION UPGRADES XX-XX *** NE 2 AVE/SEACREST BEAUTIFICATION XX-XX *** NE 2 AVE/SEACREST PH 2 XX-XX *** NE 7TH AVE ALLEY * CAPITAL OUTLAY ** CAPITAL $ *** Account number not yet assigned FUND 448 STORMWATER UTILITY FUND Dept 71 Debt Service Div 11Debt Service 71-16 STORMWATER NOTE 71-25 2007 UTILITY TAX BONDS PRINCIPAL 72-16 STORMWATER NOTE-INTEREST 72-25 2007 UTILITY TAX BONDS INTEREST * DEBT SERVICE ** DEBT SERVICE $ *** STORMWATER UTILITY FUND C 100,000 95,000 25,000 85,000 172,500 30,000 25,000 92,000 624,500 624,500 42,000 2,840 12,390 49,610 106,840 106,840 2,195,600 I I I I I 00 I I r-I I I I � I I r-I I I O •• I I Q f1 I I Z H I 1 O I I U I I 3:'IT I Ln I rIOOO��OOOI�MtflO�oOtfl�OO000�O�0O�MO�OO�O�MOO�I�rII�OOfiOOOo0OOo0OO�ON�oO V)H I J I mn 11lOM01O1l,OLnlommm-,TlC)nnOO r"OMOWH 1,00ow"T nn"o Lnm"Tw1-O"TO 1�OtcO"Too ne l�M n"T \\ I M I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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N N N N N N N N N N N N N N N N N N N N N N N N N r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I w MEMORANDUM W TO: Mayor and City Commissioners FROM: Janice Rustin, Acting City Attorney DATE: July 8, 2014 SUBJECT: AGENDA ITEM 10.C.-REGULAR COMMISSION MEETING OF JULY 15,2014 AMENDMENT TO DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT/CANNERY ROW,LLC. BACKGROUND On October 3, 2006 the City Commission approved Ordinance No. 47-06, which provided that the developer of the Cannery Row Project would have the option not to provide the requisite commercial uses fronting on the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street so long as the developer entered into a developer's agreement acceptable to the City. The Developer's Agreement dated May 8, 2007 provided that the City would waive the required impact fee set forth in LDR Section 5.3.2(c) (park and recreational facility impact fee) for all of the units of the project in exchange for the receipt by the City of the dedicated land. The impact fees under section 5.3.2(c) would total approximately $41,500.00. The Developer's Agreement further provided that the developer would convey the unit (which is only the shell of the structure, containing approximately 3,000 sq. ft.) to be constructed on Lot 12 to the City for the price set forth in the Purchase and Sale Agreement. Under the Purchase and Sale Agreement dated July 31, 2007, the developer would convey the unit to the City for the actual costs incurred by the developer, however, that cost would not exceed $530,000.00. The Purchase and Sale Agreement also provided that the conveyance was scheduled to take place after the City issued a Certificate of Occupancy for the unit. In accordance with the purchase and sale agreement the City would become a member of the Homeowner's Association and would be responsible for all HOA fees except for fees relating to certain common area facilities that would not be used by the City. Pursuant to the proposed Amendment to the Development Agreement and Purchase and Sale Agreement, the developer has agreed to provide the property to the City known as Tract "O" on the Plat without any structure on it to be used as a public park for ten dollars ($10.00). In addition, the developer has agreed to install irrigation, landscaping, and paver bricks on the property with the Homeowner's Association to provide for all maintenance of the property, except that the City shall be responsible for all future utility costs. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The proposed amendment was discussed with the Development Services Management Group (DSMG) and they recommended approval. The Amendment to the Development Agreement and Purchase and Sale Agreement is before you for consideration. This Amendment provides that instead of the City having the option to purchase a shell of a building on Lot 12 of the Cannery Row Plat for $530,000.00, the developer will give the City the property labeled Proposed Tract "O" on the plat for park purposes. TIMING OF THE REQUEST There is no time sensitivity to this request. RECOMMENDATION The City Attorney's office recommends City Commission discretion. Prepared by and after recording return to: John T.Metzger,Esq. McDonald Hopkins LLC 505 S. Flagler Dr., Suite 300 West Palm Beach,FL 33401 AMENDMENT TO THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT THIS AMENDMENT TO THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT (this "Amendment") is made and entered into as of this _ day of , 2014 (the "Effective Date"), by and between CANNERY ROW LLC, a Florida limited liability company ("Seller"), having an address of 220 George Bush Boulevard Delray Beach, FL 33444, and the CITY OF DELRAY BEACH, FLORIDA ("City"), having an address of 200 N.W. 1st Avenue Delray Beach, FL 33444, Attn: City Attorney, and, solely for the purposes of Section 5 hereof,joined by CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation (the "HOA"), having an address of 370 W. Cannery Row Circle Delray Beach,Florida 33444 RECITALS A. Seller is the developer of a certain residential townhome development located in the City of Delray Beach, Florida commonly known as Cannery Row, consisting generally of 82 townhomes and common area and recreational amenities related thereto and a city-owned corner park(the "Project"). B. Seller and City entered into that certain Agreement dated as of May 8, 2007, and recorded in Official Records Book 21718, Page 1822, Public Records of Palm Beach County, Florida(the"Development Agreement"). C. Pursuant to Section 3 of the Development Agreement, Seller and City entered into that certain Purchase and Sale Agreement dated as of July 31, 2007 (the "Purchase Agreement"), pursuant to which Seller agreed to sell to City, and City agreed to purchase from Seller, certain property located in the Project commonly known as Lot 12 of the Plat of Cannery Row as more particularly described in the Purchase Agreement(the "Lot"). D. Pursuant to Section 3 of the Development Agreement and Section 41 of the Purchase Agreement,the City, by virtue of this Amendment,has elected to purchase the Lot only (and not the Community Facility), to be used for park purposes only, pursuant to a dedication made by an amendment to the Plat, on the terms and conditions more particularly described herein. 14867527:31 E. Pursuant to F.S. 163.3237, the Development Agreement is being hereby amended by mutual consent of the parties. NOW, THEREFORE, in consideration of the respective agreements hereinafter set forth, Seller and City hereby agree as follows: 1. Defined Terms. Capitalized terms used, but not otherwise defined herein, shall have the meanings set forth in the Purchase Agreement. 2. Purchase of Park. Pursuant to the terms of Section 3 of the Development Agreement and Section 41(a) of the Purchase Agreement, the City hereby agrees to purchase the Lot (as modified by the Proposed Plat (defined below)) only (and not the Community Facility), to be used for park purposes only. The Lot will be dedicated to the City for use as a public park pursuant to the Proposed Plat as "Tract O", in much the same way as Tract "G", Plat of Cannery Row, has been dedicated by Seller to the City. The Lot, as modified by the Proposed Plat, is hereafter referred to herein as"Proposed Tract"O"". 3. Purchase Price. Notwithstanding anything to the contrary contained in the Purchase Agreement or the Development Agreement, and subject to the terms and conditions of this Agreement, the Purchase Price for Proposed Tract "O" shall be Ten and No/100 Dollars ($10.00). 4. Covenants. In consideration for the mutual promises set forth herein, Seller and the City hereby covenant and agree as follows: a. In no event shall Seller have any obligation to construct the Community Facility and any obligation therefor set forth in the Development Agreement, the Purchase Agreement or any other agreement between Seller and the City shall be deemed released and of no further force and effect. b. Promptly following the Effective Date, Seller will make application to the City for a minor site plan and plat amendment (the "Site Plan Amendment") to the Project for purposes of(a) eliminating the previously contemplated Community Facility, (b) incorporating plans for a public park (without any improvements other than water service for landscape irrigation) located on Proposed Tract "O" (the "Park"), (c) modifying the configuration of the Lot (and effectively Lots 11 and 13) substantially in accordance with the proposed plat attached hereto as Exhibit A (the"Proposed Plat"), and (d) dedicating Proposed Tract "O" to the City via the Proposed Plat for public park purposes. The Park shall be dedicated to the City in perpetuity pursuant to the Proposed Plat. The City agrees to cooperate with Seller, at no cost to the City, in connection with the Site Plan Amendment and Proposed Plat. C. The parties hereto acknowledge and agree that, because Proposed Tract "O" will be used solely for park purposes, the City will not be responsible to pay any assessments, fees or other dues to the Association pursuant to the terms of the Declaration of Covenants and Restrictions that encumbers the Project. {4867527:3} 2 d. In no event shall the City build any residential or commercial improvement or structure on Proposed Tract "O". In connection therewith and pursuant to the terms of the Purchase Agreement, the Proposed Plat shall contain appropriate restrictions allowing use of Proposed Tract "O" only as a park, and without any improvements thereto other than water service. e. Except as expressly set forth herein, the City will accept Proposed Tract "O" (i.e., as reconfigured pursuant to the Site Plan Amendment and the Proposed Plat), in its "AS IS", "WHERE IS" condition, without representation or warranty of any kind or nature. f. Within a reasonable period of time following the dedication of the Park to the City, Seller, at its sole cost and expense, shall (i)provide irrigation to Proposed Tract "O"that the City can connect to an irrigation meter at City's expense, including all water utility usage charges, (ii) install landscaping and paver bricks for Proposed Tract"O" in a manner consistent with the landscaping scheme of the Project pursuant to a design plan made by the City and approved by Seller, and (iii) install an irrigation system for Proposed Tract"O". 5. Maintenance of Park. Seller shall cause the HOA, at its sole cost and expense, to be responsible for all (a) routine landscape maintenance and replacement (but not with respect to any landscape upgrades made by the City) and (b) irrigation system repairs and maintenance for both Proposed Tract "O" and the parcel previously dedicated to the City for park purposes known as Tract "G" on the Plat. By its joinder hereto, HOA agrees to perform and pay for all such maintenance described herein. Notwithstanding anything to the contrary contained herein, in no event shall the HOA have any obligations, responsibilities or liabilities relating to Proposed Tract"O" other than as expressly set forth herein. The City, at its sole cost and expense, shall be responsible for (i) any modifications to the landscape design and material, including, without limitation, the maintenance therefor, (ii) any and all utility costs for Proposed Tract "O", (iii) in the event the City desires electrical service on Proposed Tract "O", any costs to install and maintain such electrical service, and(iv) all costs to insure Proposed Tract"O". 6. Default. Notwithstanding any contrary provision in this Amendment, if any default occurs by any party hereto (the "Defaulting Party") in the performance or observance of any term, condition or covenant of this Amendment to be performed or observed by such party, which default is not cured within thirty(30) days after the giving of written notice from a non- defaulting party (the "Non-Defaulting Party") to the Defaulting Party (unless such default is a non-monetary default and is of a nature that it cannot be cured within such thirty(30) day period, in which case the period to cure such default shall be extended so long as the Defaulting Party shall have commenced the curing of such default within such thirty (30) day period and shall thereafter diligently and continuously prosecute the curing of same and shall completely cure such default as promptly as possible), then, the Non-Defaulting Party may pursue such legal and equitable remedies as are available pursuant to applicable law. 7. Notices. Any notice, request or other writing given hereunder by shall be in writing and shall be deemed to have been given when delivered to the party to whom intended by hand, nationally recognized overnight courier, or registered or certified mail, postage prepaid, at 14867527:3) 3 the address set forth above or to such other person or address as may be designated from time to time by notice given in the manner set forth above. 8. Survivability. Seller and the City expressly acknowledge and agree that the covenants and agreements set forth in Section 4, 5, 6 and 7 hereof shall survive the conveyance of the Park to the City. 9. Miscellaneous. This Amendment and the exhibits attached hereto set forth all the covenants, promises, agreements, conditions and understandings of the parties hereto and no previous statement or representation not contained herein shall be binding on any party hereto. This Amendment may not be modified, amended or supplemented except by a subsequent agreement in writing executed by Seller and the City. Except as amended, modified or revised by this Amendment all other terms and conditions of the Purchase Agreement and the Development Agreement shall remain in full force and effect. No waiver of any condition or legal right or remedy shall be implied by the failure of a party to declare a default, or for any other reason, and no waiver of any condition or covenant shall be valid unless it is in writing signed by the waiving party. No waiver by a party of a breach of any condition may be claimed or pleaded to excuse a future breach of the same condition or covenant. The mention in this Amendment of any specific right or remedy shall not preclude a party from exercising any other right or from having any other remedy or from maintaining any action to which it may be otherwise entitled either at law or in equity. The terms and conditions of this Amendment shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Amendment shall be governed by and construed in accordance with the laws of the State of Florida. [signatures on following page] (4867527:3) 4 IN WITNESS WHEREOF this Amendment has been executed as of the date and year above. CANNERY ROW LLC, a Florida limited liability company By: Ironwood Development, Inc., a Florida corporation, its Managing Member By: Cary Glickstein, its President CITY OF DELRAY BEACH By: Name: Title: For purposes of agreeing to the provisions of Section 5 hereof: CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation By: Cary Glickstein, its President {4867527:3} EXHIBIT A Proposed Plat 14867527:3) � 7 CANNERY R O W BEM.U^A REPLAT OF A POR77aV OF ELOCK 7.1 SUgUVOON OF P!OC 73 I�� y 45 SOUTK R.JP:BOOK 312,E SAGE 6Y OF MRAY�AC-I,PALM BEACH To CGUITY FLORIDA s AUG4D006 A.rwrm , 6F y ,sn.xr cm.rrrcrt� �.— :.�.c�b:n"r—'xwo°`w:mt+°. .m.xu.w. 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CA1�Y ROW(PLAT j 0 N Z c BOOK V9, PAGES 133-134) ti f1 Q V c�� >d517 o17QO' LOT 11 -� O co U $ 15XI0.5'PROPOSED r� J J LU N z M90,00v°�RIVAMC EAS r N � 2795 f O N.0'bObO'� O 2983' Z�Q Q SOUTH CANNERY j 1183' 0 15.00' W I j Y O Q ROW CIRCLE V N9o°oo00'� �O J M m o V) I� TRACT 'E° CAANERY ROW �O �W m O L-Li r BOOK 109, PAGES a3-134) 36 0D,zcv n O N.90°0000' z OI M 1 OD cry " Q g N v Oe _� J Q O 00 R6 Lo&� Ng � o>� Lo� c m O 34.00' 2510' 25.0' 5'G.UE (PLAT BOOK 34.00' 20.00 0 V9,PAGES 133-04) E89°09'39 N � N N.E. 3RD STREET M.R/G)4r OF WAY PER FLAT BOCK 1,PAGE 3 b o N N BLOCK 74, SUBDIVISION OF BLOCK 74 (PLA T BOOK 11, PAGE 12) <fa Q� a �•6I d I Tl p1q. ... ... E —N.E .;.e TR T r '�1 j` �o k� SS I au. I Z r -------- 2 R t•,� f f _ � XO 11 9 lid 11 MI gaa T { c¢ e e 1H _e 80 `�o hi e "�� m�3 Qg I ICI : W� u� 6� .qP ��• �' a L° � Ar'' Xr,^ �� �Q, li� � � d k�l ",� '� •i - - '#iii � � .;d Q g ggg � I•' 88 lid R Ails g.r��ey aRYSYP Ibs� L i F RY� 8s� E o " R� rn N.E. 4TH-T T 6i _. u:1.C:a.:G Rr[C*S.1-.� °_ •_ - : R[I•R[:J[r10v OR CT—.:. -11. 'Cannery Row' Development for 4ef6 e ❑� s CANNERY ROW LLC. i c d PINEAPPLE GROVE I --MY BEACH:S-OwDA �d�r�$s ?C��❑�I _f ti J � CA In Z TEES AGREEMENT entered into this day of OMCIY ,24a7;by and between the MY OF DELRAX BEAM a Florida municipal sorpofa#ion,(hereinafter C referred to as City)and CANNERY ROW,LLC (herainafter re&utd to as Developer), M provides as follows, o WHEREAS, aprojtot called Cannery Row is being developed along the west east side 4 m of the 340 block of Pineapple¢rove Way in the City;and WHEREAS, Land Development Regulation Section 4.4.13(H)provides that if the o > developer of a project fronting on N.E.2nd Avenue,between N.E.3rd Street and ME.4th Street, M M chooses to dedicate an area at the northeast corner of the project to the City for open space and to s convey property and a building to the City fronting on N.E.2tid.Avenue at.the,southeast corner of r � the project,then the developer shall not be required to famish non-residential uses fronting on the v west side of N.E.2nd Avenue between N.E.3rd Street andN.E.4th Stream and m WHEREAS,the Developer will dedicate a parcel at the northeast comer of the project to the City for park purposes and will transfer land and a completed shell structure, as more e� { thoroughly described in this Amt,to the City located at the southeast corner of the project aad a fronting on N.E. W Avenue, to be used as an artist workshop/gallery as a ,condition of the t Development; and t WHEREAS,pursuant to F.S. 153.3225 the City has held 2 public hearings regarding this UY Development Agreement and this Agreement is consistent with the City's Comprehensive Plan and Land Development Regulations;and WHEREAS, the Developer has the options to build a mixed use project in:accordance m with the City's Land Development Regulations but chose instead to eater into this Development Agreement, in its sole and absolute discretion, and be bound by the terms and conditions of this Amt. NOW, THEREFORE,in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration,the receipt and sufficiency of Which is hereby acknowledged,the Developer and City hereby agree as follows: 1. RetiiM=s.The above-stated recitals are incorporated as if fully set forth herein. b 2. Deduation of park Land. The Developer shall dedicate,to the City, a parcel, as shown on Exhibit "A",for pant purposes which shall be maintained by the City.In lieu of the City paying the Developer the value of the land,which is$414,645.00,the City shall waive the Impact Fee set forth in LI)R Section 5.3.2(c)for all units.Developer will provide a water service stub-out to the property live that the City can connect to an irrigation meter at a later date. Developer will sod the corner if the NE corner of the project has been landscaped prior to the City completing the landscape plain for the park.All maintenance of the park shall be by the City.Developer will have no other improvement requirements for the park area.The property described in Exhibit"A"shall be dedicated to the City in perpetuity can the plat to be recorded by the Developer. 3. Conveyanm o€Unit; Developer shall also convey fee simple title to the City of Lot 12 of the.Plat of Cannery Row with a completed shell structure,pursuant to floor plans, elevations,and specifications as sex forth on Exhibit "B",to the City to be used by the City for community/city projects as it determines; in its sole discretion. The City shall pay the actual land cost and costs of construction of the unit,which will not exceed$530,000.00. The parcel and structure shall be transferred to the City,or its assigns,m* accordance with the purchase and sale contract between the City and Developer is in the form attached hereto as Exhibit "C". The approval of this Agreement is conditioned upon the parties executing a purchase and sale agreement(Exhibit "C") vwithin120 days of the execution of this Agreement.Failure to approve such an agreement within the time period set forth shall make this Agreement null and void. Developer will finish the interior of the unit at cost, provided that the City provides Developer with all necessary plans,specifications,drawings,permits,etc.,so that Developer may construct the interior of the unit at the same time the interiors of the adjoining units are 4eiag constructed,so as to not interfere with the quiet enjoyment of the adjacent units when sold for occupancy. Should the City desire to retain-a third party to finish the interior-of the unit,the City will required to commence the construction at the same time that the Developer is constructing the interior of the -adjoining units, and subject to the Developer's site plan development,construction schedule,and safety measures as implemented by Developer. Commencing upon conveyance of the unit from developer to the City,the City will responsible for Homeowner's Association(HOA)assessmet ts.The HOA documents will reflect that all units will be charged the same uniform rate of assessment„except for the Art Facility,which will be charged less,as it will have no use of the common area facilities(pool,gazebo,playground,etc.). Any lease of the Art Facility by the City will specifically state that the tenant(s)do not have use of the common.area facilities and their occupancy shall be subject to the HQA documents,including any Rules and Regulations promulgated by the Developer and/or.Homeovnices Association The proposed purchase and sale agreement(Exhibit"C")contains a provision which allows the City the option to a)purchase the Community Facility wait at the developer's cost,not to exceed$530,000.00;or b)not proceed with the purchase of the Community Facility,but, instead,purchase Lot 12,only,to be used for park purposes only with appropriate deed restrictions,without any improvements thereto other than water semce(using City's water meter and City bearing all water usage charges), landscaping and irrigation for the Lot 12,whereby Lot 12 shall be owned by City(or the public for park purposes only if so dedicated by City or by Developer through an amendment of the Plat);or c)terminate the Agreement without penalty to the City if the City determines,in its sole discretion,that the purchase of at 12 for purposes of a Community Facility or a Ia*is not in the best interests of the City of Delray Beach.In the event the City elects to terminate the Agreement or purchase Lot 12,for park purposes,the City shall not thereafter impose upon the developer,or any successor in interest, a requirement to construct any commercial improvements within the Project. 4. e1 t Agreement (a)A.legal description of the land subject to the agreement, and the nun of its legal and equitable owner- Lots 1 through 24,inclusive,Block 73 and the 16 foot alley right of way lying Fast of and adjacent to the East line of Lots f through 12,inclusive,subdivision of Block 73, according to the Plat thereof as recorded in Plat Book 12,gage 62,Public Records of Palm Beach County, Florida,less the North 15 feet thereof. Legal Owners - Cannery Row, LLC (b)The duration of the agreement- Less than 10 years (c) The development uses permitted on the land,including population densities,and building intensities and height-Uses permitted are residential and commercial;proposed population density is 183E building density is a maximum.of 30 units per acre;and maximum height is 48'. (d) A description of public facilities that will service the development, including who shall Provide such facilities;the date any new facilities,if needed,will be constructed;and a schedule to assure public facilities are available concurrent with the impacts of the development;-The public facilities acre-water and sewer and they are already in place. (e)A description of any reservation or dedication of land for public purposes; -see the plat attached to this agreement. (f)A description of all local development permits approved or needed to be approved for the development of the land;-building permits, 5. C9MMOMent of AzEa= . This Agreement shall commence 31 days after the Department of Community Affairs is in receipt of the Agreement, as,per paragraph 5, and shall expire upon the conveyance and dedication of the parcels and building to the City from Developer, however,in no event shall the term of this Agreement exceed 10 years. 6. Fa' UrS to Address a ConditionL0M.Wn=Mj If this Agreement fails to address'a particular permit;condition,term,or restriction,Developer,shall not be relieved of the necessity of complying with the law governing said permitting requirements, conditions,terms or restrictions. 7. rd' . Pursuant to F.S. 163.3239 this Agreement shall be recorded in the public records of Palm Beach County and a copy of the recorded agreement shall be submitted to the Department of Community Affairs. S. Royiew of theAgreemot . The City, at least once every 12 months, shall i revew this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Agreement.If the City determines,based upon substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 9. A=nc!ment/CanecllatQn-, pursuant to F.S. 163.3237,this Agreement may be amended or canceled by:mutual consent of the parties 10. Assign. The purchase and sale agreement(Exhibit"CA)may be assigned by the City to the Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of the Developer, if the City wishes to assign the purchase and sale agreement to another entity it must first obtain consent of Developer, which shall not be unreasonably withheld. 11. Qompliance WM LM. If state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the ' arties' compliance with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to Comply with the relevant state law or federal laws. 12. Indemnification. Developer hereby agrees to defend,indemnify and hold the City harmless from any and all claims,suits or any other cause of action arising out of this Agreement including attorneys fees and costs upended by the City at trial or appellate levels to uphold.this agreement. 13. Cp—nWHance wi This Developers Agreement is in compliance with the City's Comprehensive Plan and Land Development Regulations. 14. Vetere.. Any claims,lawsuits or disputes.that may arise under this Agreement shall be governed by the Laws of Florida,with venue in Palm Reach County,Florida. 13, ApptgoWs. This Agreement constitutes the entire agreement and understanding of the parties.There are no representations or uadeFSrandings of any kind not set forth herein.Any amendments to this Agreement must be in writing and executed by both parties. (Signatures on Following Page) IN WITNESS TH MEOF,the pardes hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY F DELILAY BEACH By: City Clerk Mayor, Rita Ellis Approved as to Form: By. /..City Attorney WITNESS: Cannery Row,LLC,by Ironwood Properties,Inc.,Member _._ By.. (Name Printed or Typed) C . Presic t (Name:Printed to Typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged Wore me this L day of May,2007,by Cary Glicksteia,as President of Ironwood Properties,I=,a Florida corproation, on behalf of the corporation. He is personally known to me or has produced (type of identification) as identification. Signature of Notary,Public My Commission Expire& A Damd ii. Schmidt ' :c� ,e $Blrn#pD34&9J3 Prepared by,record and return to: John T. Metzger,Esq. McDonald Hopkins LLC 505 S.Flagler Drive, Suite 300 West Palm Beach,FL 33401 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT (the "Amendment") made as of December 11, 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), CANNERY ROW, LLC (the"Developer")provides as follows: WHEREAS, City and Developer entered into that certain agreement (the "Agreement") on the 8th day of May, 2007, recorded May 10, 2007, in O.R. Book 21718, Page 1822, of the Public Records of Palm Beach County, Florida; WHEREAS, Paragraph 2 of the Agreement required Developer to dedicate certain Park Land to the City; NOW THEREFORE, the parties agree as follows: 1. Developer has fulfilled said obligation; 2. The dedication affects only Parcel G of the Plat of Cannery Row, as recorded in Plat Book 109, Page(s) 133, of the Public Records of Palm Beach County, Florida; 3. The dedication does not affect any other portion of the Plat; and 4. The dedication contemplated has been fulfilled by virtue of dedication of the Park Land on the Plat. IN WITNESS WHEREOF, the parties have executed this Amendm t effective as of the date first above written. Signed, sealed and delivered in the CITY OF-DELRAY ACH Pres nce of By: nt Name: Print N e: irst Witness Title: _ Arin — )ame: 1 _ dd�- �t.s Second Witness Approved as to form and jegal sufficiency: 11576739:] 1 ..,,,Pity Attorney STATE OF FLORIDA COUNTY OF PALM BEACH .lACKNOWLEDGED and subscribed before me this day of Jan uAA 2009, by N11 Son n7 d-Du4-.e , as Ilr'6 njCigb r- of the of Delra each, a Florida municipal corporation, on behalf of the municipalitywho is kno e r has produced as identification all ,•''.'Y"' M+ t�r�.wna� Notary Publi ,Cate of Flo n a Nd"PWo-VAN M Pbft M,� „rx"NW4. Print name:T�I l (n . u) A.#L- CtD!lMAI 'R 4 0D Tm I Commission No.:l, b 9 rb My commission expires: NpWher (P aor CANNERY ROW, LLC, a Florida limited liability company By: IRONWOOD DEVELOPMENT, INC., a c as its Manager O By: ,4orporation, Pr' me: Gli ein,as its President itness �munnraonrr rr rrrr nuurrrrrrNgrN.� Print N me:--�Rc4k f- o e,re I'k JANET TAGGART +.Y R���'y, Comm#DD0413663 Second Witness E-f„res 5/6/2009 SL;ndel thru(600)432-4254: STATE OF FLORIDA s„,.; ,.......Ronda Notary Assn..Inc COUNTY OF PALM BEACH ACKNOWLEDGED and subscribed before me this �b day of 2009, by Cary Glickstein, as President of Ironwood Development, Inc., a Floridfi corporat' n, as / d the Manager of Cannery Row, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced as identification �C ary Public, ate Print name: lC Common No.: [SEAL] _—MY 6mmission expires: rfr[rfrrrlrrr......,117,7...............I..7r= JANET TAGGART Comm#DD0413663 1576739:; s - _ .r..,its 5/6r2009 2 =• - ”ru(000)432-4254: - i.................... ::.e ..............; .,inc CANNERY ROW PURCHASE AND SALE AGREEMENT THIS PURCH SE AND SALE AGREEMENT("Agreement")is made and entered into as of this�(day of 2007, by and between CANNERY ROW LLC LLC, a Florida limited liability co parry ("Seller"), and the CITY OF DELRAY BEACH, FLORIDA ("Buyer''). IN CONSIDERATION of the respective agreements hereinafter set forth,Buyer and Seller agree as follows: 1. PURCHASE AND SALE. Subject to the provisions of Section 42 herein, the Cannery Row development consists,generally,of eighty-two(82)Townhomes and common area and recreational amenities related thereto,a city-owned corner park,and a city-owned community facility("Cannery Row" and/or the"Project").Buyer agrees to purchase from Seller,and Seller agrees to sell to Buyer,for the Total Purchase Price set forth below,and on the terms and conditions contained in this Agreement, Lot 12 ("Lot'), as shown on the proposed Plat of Cannery Row ("Plat"), attached hereto as Exhibit "A", together with the community facility("Community Facility") to be constructed on the Lot pursuant to the floor plans("Floor Plans") and building elevations("Elevations'l,and related construction specifications("Construction Specifications") attached hereto as Exhibit"B" and Exhibit"C",respectively.The Lot and Community Facility are sometimes collectively referred to herein as the "Property"; however, the sale of the Lot and Community Facility will be considered a single sale-the Community Facility not being separate from the Lot. The Property address is:To Be Determined. 2. PURCHASE PRICE: Base Purchase Price: $NOT TO EXCEED$530,000.00 Change Orders,if any: $ N/A Total Purchase Price: (exclusive of Closing Costs,proration, and any Change Orders not included here): $ 530.000.00 TOTAL PURCHASE PRICE TO BE PAID AS FOLLOWS: Deposit $ 10.00 1''Deposit(10%of the Base Purchase Price): $ N/A 2°a Deposit(10%of the Base Purchase Price): $ NIA Upgrade Payment,if any(see Upgrade Addendum): $ N/A 1 Balance of the Total Purchase Price (Due at Closing in local bank cashiers check or received wire transferred funds): $ 529,990.00 3. COST TO BUYER: The Base Purchase Price stated above is intended to be the guaranteed maximum price Buyer shall pay for the Property, as constructed pursuant to the Construction Specifications, as defined herein. Buyer may, at any time until one year from the Closing Date ("Cost Review Period'), and upon reasonable notice to Seller, have access to Seller's financial records relative to the Project in order to determine the true and actual cost to complete the Property in accordance with the Construction Specifications ("Cost'). Cost shall be defined as all costs necessarily incurred by Seller in connection with the acquisition, financing, ownership and construction of the Project and the Property, provided, however, that recreational amenities, and sales and marketing expenses for the Project shall be specifically excluded from any calculation of Cost. In the event Seller determines that Cost shall be less than stated above on or before the Closing Date, Seller shall adjust the Base Purchase to reflect any such reduction in Cost. 4. Deleted. 5. SELLER'S FINANCING. Buyer understands that Seller has obtained, or will obtain, acquisition, construction and other financing with respect to the Project. Buyer agrees that this Agreement,and all modifications and additions thereto,will be subordinate in all respects to the lien and priority of any mortgage(and related security interests)now or hereafter placed on the Property securing such Seller's financing, including all loan renewals, future advances, extensions and modifications. The parties intend that this subordination shall be effective automatically without any further notice to, or action by, Buyer. Buyer acknowledges that, as additional security for any of Seller's financing,Seller may assign all of its rights under this Agreement to its lender(s),including all rights Seller may have to Buyer's Deposit,subject to requirements of applicable laws. 6. CONSTRUCTION SPECIFICATIONS. The Community Facility will be constructed in substantial accordance with the plans,retained in Seller's sales office,and the specifications,attached hereto and made a part hereof as Exhibit"C", as such plans and specifications are amended from time to time.Such plans and specifications,as they are so amended from time to time by Seller,are referred to in this Agreement as the"Construction Specifications".Although Seller will complete construction of the Property substantially in accordance with the Floor Plans, Elevations, and Construction Specifications,Buyer acknowledges that during the planning,design,engineering,and construction for the Project,certain modifications,substitutions,deviations and/or omissions in and to the Property, Project; Floor Plans, Elevations, and Construction Specifications (collectively referred to herein as "Construction Modifications") may occur due to governmental required changes,construction and field conditions,labor or product availability,construction scheduling,and design and specification changes made by Seller in Seller's sole discretion. These changes and adjustments are essential in order to permit all components of the Property to be integrated into a well-functioning and aesthetically pleasing product in an expeditious,cost-efficient,and profitable 2 manner.Accordingly,Seller expressly reserves the right to make Construction Modifications during construction of the Property, and Buyer hereby authorizes Seller to make any such Construction Modifications deemed necessary in Seller's sole discretion without prior notice to Buyer. Buyer further understands and agrees that: (i) exterior finishes, such as paint color, roof color/material,shutter placement/color,window/door placement and designs,light fixtures,railings, and other exterior finishes installed by Seller pursuant to the Construction Specifications,are subject to shadings in color gradations,die lots,etc.,and may vary from any samples or illustrations shown to Buyer without prior notice to Buyer;(ii)all representations of dimensions,materials,equipment, and finishes are approximations of size,materials,equipment,appearances,and finishes,and are all subject to change by Seller in its reasonable discretion without prior notice to Buyer;(iii)changes in the dimensions of rooms, patios and balconies, and the location of utility (including, without limitation,electrical,television and telephone)lead-ins and outlets,doors,windows,air conditioning equipment, ducts and components, lighting fixtures, electric panel boxes and meters, fencing and gates, and the general layout of the Community Facility and any exterior improvements on the Lot are subject to change by Seller in its reasonable discretion without prior notice to Buyer;(iv)many items, finishes, materials, fixtures, equipment, furnishings, window treatments, accessories, upgrades, changes, and other improvements which may be displayed in any sales model or sales office,or in any marketing or promotional materials,are for display,design and marketing purposes only,and to the extent such items are not included in the Construction Specifications,such items are not included in the Property; (v) if circumstances arise which warrant changes of suppliers, manufacturers, brand names or other items, Seller may substitute materials, finishes, equipment, fixtures, appliances, etc., which are of substantially equivalent quality in Seller's sole opinion, without prior notice to Buyer;(vi)Seller will have complete discretion in landscaping of the Property and the Project; (vii) Seller will have complete discretion with all improvements and amenities situated within the Common Property(as defined in the Homeowner Documents); (viii)the plans and specifications for the Community Facility now or hereafter on file with the applicable governmental authorities may not be identical in detail to the final Floor Plans and the Construction Specifications,and(ix)because of the day-today nature of the changes described in this Section 6, the plans and specifications on file with applicable governmental authorities may not include some or any of these changes(there being no legal requirement to file every change with such authorities). The provisions of this section 6 will survive(continue to be effective after)closing. 7. CHANGE ORDERS. BUYER ACKNOWLEDGES THAT SELLER IS NOT OBLIGATED TO PROVIDE UPGRADES,EXTRAS,OPTIONS,OR CHANGE ORDERS OF ANY KIND. If Buyer requests changes to the Construction Specifications that are not included as part of the Construction Specifications("Change Orders'%Seller may,in its sole and absolute discretion, either:(i)accommodate Buyer's change order request in the manner provided below,or(ii)deny any or all of Buyer's Change Order requests,and Buyer will accept Seller's decision on all change order requests as final.Buyer further understands that in the event Buyer's Change Order request is denied by Seller,the Community Facility will be completed substantially in conformity to the Construction 3 Specifications, and any Approval Upgrades or Approved Change Orders, as defined herein. No Change Orders shall be implemented unless an approved Change Order Addendum("Change Order Addendum")for any such Change Orders is signed by Buyer and Seller and full payment for such Change Orders, as specified in the Change Order Addendum, is received by Seller("Approved Change Order"). Buyer acknowledges and agrees that all payments made to Seller in connection with any Approved Change Order shall be not be considered as part of any deposit toward the Total Purchase Price, and any and all such payments are completely non-refundable in all respects; provided, however, if Seller shall fail to include any Approved Change Order in the Property, Buyer's sole remedy and Seller's sole liability shall be to deduct the amount paid by Buyer for any such omitted Approved Change Order from the Total Purchase Price at Closing,provided Buyer has paid Seller for same. Buyer further acknowledges and agrees that Seller's failure to include any Approved Change Order, or non-approved change order request made by Buyer shall not be grounds for: (i) Buyer to delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price to Seller,(ii)any reduction of or credit against the Total Purchase Price,or(iii) placing any portion of the Total Purchase Price in escrow. If applicable,Buyer shall have thirty(30)days from the date of Seller's notice to Buyer that the time period for Buyer to make any required finish selections for the Community Facility has started("Selection Period"). The Selection Period which may be extended from time-to-time in writing by Seller in Seller's sole discretion. Buyer understands that in the event Buyer fails to provide Seller with any required finish selections within the Selection Period,Seller may complete the Property using such finish selections that Seller shall determine,in its sole discretion without prior notice to Buyer,provided such finishes are consistent with the Construction Specifications. 8. CONSTRUCTION OF THE PROPERTY. Subject to other terms of this Agreement, Seller shall commence construction ofthe Property as soon as it is reasonably possible following the issuance of all required building permits,and shall proceed with reasonable diligence throughout the term of construction. Seller agrees that all construction shall utilize new materials(or equivalent quality) and that all such materials shall be in accordance with applicable governmental roles, regulations and building codes,and that all work shall be done in a good and workmanlike manner. Seller shall be responsible for all building permits, impact fees, water and sewer hook-up fees, excluding deposits for utility services which shall be reimbursed by Buyer at Closing. 9. INSPECTION PRIOR TO CLOSING. Prior to Closing,and upon notice to Buyer,Buyer shall be given a reasonable opportunity to inspect the Property with Seller's representative. At that time,Buyer shall present to Seller an inspection statement("Punch List"}signed by Buyer,setting forth any defects in workmanship or materials in the Property which are truly defects in workmanship and materials(the standards for which shall be the construction standards generally prevalent in Palm Beach County,Florida for similar property,which is a commercial shell). Buyer understands and acknowledges that Buyer's setting forth any such perceived defects in workmanship or materials on a Punch List does NOT obligate Seller to repair or warranty any such item(s). Those items on any Punch List that are not equal to the then prevailing construction standards generally 4 prevalent in Palm Beach County,Florida for similar commercial properties,and only those items that are not equal to such standards,as Seller shall determine in Seller's reasonable discretion,shall be considered by Seller as part of the Punch List for which Seller has an obligation for repair and warranty. Seller's failure to perform Seller's obligations hereunder shall not delay,postpone, or otherwise interfere with the Closing.Subject to the construction standards stated above,Seller shall correct and/or complete all work required under the Punch List within sixty(60)days after Closing, at Seller's expense and in a workmanlike manner,subject to the availability of labor and materials, access to the Property after Closing, or events which constitute force majeure. Buyer hereby authorizes Seller to determine the means and methods for making any and all Punch List and warranty related repairs.Buyer further recognizes that although the Property,at Closing,will have received a final certificate of occupancy, Seller may still be in the process of completing certain improvements in the Community Facility,on the Lot, and within the Project. NO ESCROWS OR HOLDBACKS OF CLOSING FUNDS WILL BE PERMITTED. The fact that Seller has to complete work set forth in the Punch List after Closing shall not delay or postpone the Closing,or Buyer's obligation to close and pay the balance of the Total Purchase Price, or be grounds for a reduction of or credit against the Total Purchase Price, or be grounds for deferring or imposing any conditions on Closing,or be grounds for placing a portion of the Total Purchase Price in escrow pending completion of the Punch List items. 10. CLOSING. The term"Closing"refers to the time when Seller delivers the special warranty deed for the Property to Buyer and Buyer delivers to Seller the balance of the Total Purchase Price and any additional amounts owed by Buyer to Seller under this Agreement and for any Approved Upgrades and Approved Change Orders,as set forth herein,or therein,and ownership of Property is transferred from Seller to Buyer(the"Closing"). At Closing,the parties will execute and deliver all documents Seller's closing agent deems necessary or appropriate. Buyer shall not move anypersonal property onto or take occupancy of the Property until a certificate of occupancy for the Property has been issued by the appropriate-governmental agency, and Seller has received the Total Purchase Price in accordance with the terms of this Agreement.Legal and physical possession of the Property shall be delivered to Buyer at Closing. The Closing will occur after issuance of a Certificate of Occupancy for the Community Facility by the City of Delray Beach. Buyer understands that Seller has the right to schedule the date, time and place for the Closing ("Closing Date"); provided, however, that before the Closing Date, Seller must obtain a final certificate of occupancy for the Property. Buyer acknowledges that the common property, any improvements thereon,and all improvements related to the Project need not be completed or have such certificates of completion or occupancy prior to the Closing Date. Buyer will be given at least thirty(30)days'notice of the date,time and place of Closing. Seller is authorized to postpone the Closing for any reason and Buyer will close on the new date,time and place Seller specifies in its notice of postponement (as long as at least 2 days' notice of the new date, time and place are provided to Buyer). A change of time or place of Closing only(that is,one not involving a change of date) will not require any additional notice period. Any formal notice of Closing, and any postponement or rescheduling ofe Closing may be given orally,by telephone,facsimile,electronic mail,regular mail or other reasonable means of communication at Seller's option. All such notices 5 to Buyer shall be sent or directed to the address, facsimile, electronic mail address or telephone number(as appropriate), specified on Page 1 of this Agreement unless Seller has received written notice fiom Buyer of any address change prior to the date Seller's notice is sent,transmitted or given to Buyer. These notices (other than a change of address) will be effective on the date given, transmitted or mailed.An affidavit of one of Seller's employees or agents stating that this notice was given or mailed to Buyer will be conclusive in this regard. If Buyer fails to receive any of these notices or the confirmation because Buyer failed to advise Seller of any change of address,telephone or facsimile number,or electronic mail address,or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or because of any other reason, Buyer will not be relieved of Buyer's obligation to close on the scheduled date unless Seller agrees in writing to postpone the scheduled date. If Seller agrees in writing to reschedule the Closing at Buyer's request,or if Buyer is a corporation(or other business entity) and Buyer fails to produce the necessary documents establishing proof of the organization, good standing and authorization of representatives,as requested by Seller,and,as a result,Closing is delayed,or if Closing is delayed for any other reason(except for a delay desired,requested or caused by Seller),Buyer agrees to pay at Closing a late funding charge equal to interest,at the then highest applicable lawful rate, on that portion of the Total Purchase Price not then paid to Seller (and cleared), from the date Seller originally scheduled the Closing to the date of actual Closing. Additional late funding charges also may be imposed as stated in this Agreement.All proration will be made as of the originally scheduled date.BUYER UNDERSTANDS THAT SELLER IS NOT REQUIRED TO RESCHEDULE OR TO PERMIT A DELAY IN CLOSING AND THAT IF BUYER FAILS TO TIMELY CLOSE AS REQUIRED BY THIS SECTION 10, BUYER WILL BE IN DEFAULT UNDER SECTION 16 OF THIS AGREEMENT. 11. TITLE. At Closing,Buyer will receive good and marketable title to the Property,subject to the permitted exceptions listed below("Permitted Exceptions").At Closing,Buyer will receive the following documents,which Buyer agrees to accept as proof that title is as represented above: A. Title Commitment. A written title commitment from a title insurance company licensed in Florida agreeing to issue Buyer a title insurance policy for the Property(ALTA Owner's Policy with Florida modifications)("Title Policy").The title commitment will list the following Permitted Exceptions(exceptions subject to which Buyer agrees to take title to the Property): 1. Real property taxes and assessments affecting the Property for the year of Closing, and subsequent years, including any applicable special assessment, community redevelopment or improvement districts; 2. All laws, and all restrictions,covenants, conditions, limitations, agreements, reservations and easements recorded in the public records, or otherwise established with respect to the Project, for example, zoning restrictions, property use limitations and obligations, governmental permits, easements, rights-of-way, plat restrictions and dedications,and agreements relating to utilities,drainage and conservation areas; 6 3. The restrictions, covenants, conditions, easements, liens,terms and other provisions imposed by the documents contained or referred to in the Homeowner Documents, as defined herein,and any amendments thereto(and any other documents which Seller,in its sole discretion,believes to be necessary or appropriate)which will be recorded by Seller now or at any time after the date of this Agreement in the Public Records of Palm Beach County, Florida,and all amendments to any of such documents; 4. Easements in favor of the Association, as defined herein, and public utility providers for general access over and across the Property and the Project, and for the installation, service, repair, and maintenance of all water retention areas, drainage improvements,roads,and all other improvements and utilities serving the Property and the Project; 5. Minor encroachments,if any,into easement areas serving public utilities by Property-related improvements such as air conditioner pads and equipment,roof and balcony overhangs,which are hereby deemed permitted; 6. The mortgage,and any other security instruments,in favor of Buyer's tender, if any; 7. Deleted 8. All other standard title exceptions contained in an ALTA owner's title policy customarily issued in Palm Beach County,Florida for similarly situated properties, and all other title exceptions for items common to the Project;provided that no limitation on Buyer's title may prohibit construction of the Community Facility,nor the use of it as a Community Facility,subject to the Homeowner Documents. B. Closing Documents, At Closing,Buyer will receive:(i)a special warranty deed to the Property which will be subject to(that is,contain exceptions for)all of the matters described above,(ii)Seller's form of owners(no-lien)affidavit,FIRPTA("non-foreign")affidavit,and gap affidavit,(iii)Bill of Sale for any personal property contained in the CommunityFacility, (iv) final as-built survey of the Property, (v) Soil treatment certificate, (vi) Insulation certificate, (vii)Certificate of Occupancy for the Property, and(viii)the Limited Warranty Registration,which shall require Buyer's execution at Closing.Buyer and Seller shall each execute and deliver to the other such additional documents as reasonably required by the closing agent to close the transaction contemplated in this Agreement. The documents(the title commitment,as aforesaid,and the documents listed in this Section 11.B.are collectively referred to herein as the"Closing Documents"). If Buyer finds title not to be in the condition required by this Agreement,then within thirty(30)days of receipt from Seller of the title commitment described above,Buyer shall notify Seller in writing of the specific nature of the claimed title defect and the specific 7 actions needed to correct the alleged title defect,failing which any claimed title defect shown in the title commitment shall be deemed waived by Buyer. In the event Seller cannot provide the quality of title described above, Seller will have a reasonable period of time (at least ninety(90)days after Buyer gives Seller written notice of an objection to title)to correct any defects in title,but Seller is not obligated to do so. ff Seller cannot,or at any time elects not to, correct the claimed title defects, then within five(5) days of notice from Seller,Buyer shall elect to either(i)accept title in the condition Seller offers it(with any such defects)and pay the Total Purchase Price for the Property(without reduction or offset),and Buyer shall not make any claims against Seller because of the alleged defects which will also be excepted from the special warranty deed;or(ii)cancel this Agreement and receive a full refund of the Deposit, whereupon Seller will be relieved of all obligations under this Agreement upon delivery to Buyer of the Deposit. If Buyer does not give written notice of such election to Seller within said five(5)day period,Buyer will be deemed to have elected option(i)of the preceding sentence. 12. CLOSING COSTS. Buyer understands that,in addition to the Total Purchase Price(which shall include all Approved Upgrades and Change Orders),Buyer shall pay at Closing the following fees and costs("Closing Costs"): A. Deleted- B. The actual costs of (i) officially recording the special warranty deed in the Public Records of Palm Beach County,Florida;(ii);deleted(iii)title search fees,title examination fees, settlement fees, and closing administration fees; and (iv) the premium for the Title Policy. Notwithstanding the forgoing,in the event Buyer elects to use Seller's designated closing agent for the Closing(which Buyer has no obligation to do),all of the foregoing costs listed in this Section 12.B.shall be paid by Seller at Closing. In the event Buyer does not so designate,in writing,another closing agent at the time of execution of this Agreement,Buyer agrees that Seller shall designate its closing agent to complete the Closing. C. Buyer's prorated share of the quarterly maintenance.assessment charged by the Association for the quarterly assessment period in which the Closing occurs; provided, however, if the Closing shall occur in the last month of any quarter,Buyer will be charged for the next quarter's assessment at Closing in addition to the aforementioned proration for the current quarter; D Deleted E. Reimbursement to Seller for the cost of providing Buyer with: (i)a final as-built survey of the Property,the cost of which shall not exceed$300,and(ii)a F.E.M.A,elevation certificate, if required,the cost of which shall not exceed$200; F. Reimbursement to Seller for any utility deposits or hook-up fees for the Property which Seller may have advanced prior to Closing; 8 G. deleted H. Any unpaid charges for any Approved Change Orders; I. deleted J. All fees,costs,points,and charges imposed by Buyer's mortgage lender,if any,shall be paid by Buyer at Closing.Buyer acknowledges the Closing Costs referred to in Section 12.A.and 12.B.above do not include any mortgage loan closing costs of anykind,including, without limitation,the cost of title insurance required by Buyer's lender.In the event Buyer elects to use Seller's designated closing agent for the Closing,as aforesaid,Seller agrees to cause the closing agent to provide title insurance to Buyer's lender for the lowest amount permitted by law,and to coordinate the closing of Buyer's mortgage; K. Real property taxes will be prorated through the day before Closing on the current year's tax amount for the Property.If Closing occurs on a date when the current year's tax assessment is not available,taxes will be prorated on the prior year's tax,as allocated to the Property by Seller,and will be later adjusted by Buyer and Seller based on the exact amount of taxes,with allowance for the maximum applicable discount amount;provided,however, that any request for adjustment and/or re-proration of real estate taxes must be made in writing and delivered by the party requesting the adjustment to the other party within ninety (90)days of the date the notice of the current year's real estate tax assessment is published by the applicable taxing authority. Buyer understands and agrees that if no written request for adjustment or re-proration is made and delivered to Seller within such ninety-dayperiod,any entitlement to adjustment or re-proration of real estate taxes that may exist shall be deemed waived. L. Certified Special Assessments as of the scheduled Closing Date shall be paid by Seller.Pending Special Assessments assessed by governmental agencies as ofthe scheduled Closing Date shall be assumed by Buyer. If any such Certified Special Assessments are payable in installments, the installment due in the year of Closing shall be prorated and Buyer shall assume the balance of any such installments. 13. HOMEOWNERS' ASSOCIATION. Buyer acknowledges that (i) the Cannery Row Homeowners' Association, Inc., a Florida corporation not-for-profit ("Association') has been established for the purpose of maintaining certain aspects of the Property and the Project. Buyer understands that Seller,due to its present ownership of Lots and properties comprising the Project, currently controls the Association and has the right to appoint officers and directors thereof in accordance with the following documents governing the Property:(i)the Articles of Incorporation of the Association ("Articles'), (ii) the By-Laws of the Association ("By-Laws'), and (iii) the Declaration of Covenants and Restrictions("Declaration'),all as amended from time to time(the Articles, By-Laws and Declaration are collectively referred to herein as the "Homeowner Documents").Buyer further acknowledges that upon Closing,Buyer shall automatically become a 9 member of the Association and shall be required to comply with all of the terms and provisions of the Homeowner Documents, and Buyer further acknowledges that Buyer shall be liable for the payment of any and all regular and special maintenance assessments levied against the Property pursuant to the Declaration, and that Buyer's failure to pay any such assessments may result in penalties. After Closing, and in accordance with the Declaration,Buyer shall be responsible for the maintenance of the Property.In the event Buyer fails to properly maintain the Property in accordance with the Declaration,the Association shall have the right,but not the obligation,to perform such maintenance required of Buyer pursuant to the Declaration,in which event Buyer shall pay all cost incurred by the Association, including all collection costs.The Association shall have the right to assess the Property for all maintenance costs incurred by the Association. Buyer acknowledges receipt of the proposed Homeowner Documents,which Buyer agrees to adhere to and be bound by the terms thereof, and any future changes provided that Buyer has consented to such changes as provided in the Homeowners Association documents. The provisions of this Section 13 shall survive the Closing. 14. HOMEOWNER ASSOCIATION FEES. Buyer understands that any estimated operating budget provided to Buyer(the "Budget")provides only an estimate of what it will cost to run the Association during the period of time stated in the Budget. The Budget is not guaranteed to be an accurate prediction of the expenditures required of the Association, and, as such, are subject to change at any time and from time to time to reflect actual and projected expenditures or changes in assumptions. These changes may occur before or after Closing,but will not affect any of Buyer's obligations under this Agreement or the Homeowner Documents,except as to resulting changes in closing prorations. Buyer recognizes and agrees that Buyer's assessments may include expenses attributable to Common Property which are not complete or usable by Buyer at any given time. The ,provisions of this Section 14 shall survive the Closing. 15. ADJUSTMENTS WITH THE ASSOCIATION. Buyer acknowledges that Seller may advance money to the Association, or on behalf of the Association,to pay for certain Association expenses,including,without limitation,insurance premiums,Common Property maintenance and repairs,utility charges and deposits,permit and license fees,charges for service and maintenance contracts, salaries of Association employees, and other similar expenses. Seller is entitled to be reimbursed by the Association to the fullest extent permitted by law for all such sums advanced or paid by Seller on behalf of the Association. 16. DEFAULT. If Buyer fails, refuses or neglects to perform Buyer's obligations under this Agreement,Buyer shall be deemed in"default". If Buyer remains in default thirty(30)days after Seller sends notice of any such default, Seller shall be entitled to the remedies provided herein. Seller has agreed to construct the Community Facility in connection with obtaining certain development approvals from the City of Delray Beach for the Project. In that regard, Seller would not construct the Community Facility except for the requirement by the City of Delray Beach to do so in order to grant Seller the required development approvals for the Proj ect. Buyer and Seller agree 10 that as inclusion of the Community Facility in the Project as a condition of receiving development approvals for the Project,it would have no value to Seller in the event Buyer does not close on the purchase of the Community Facility,as such event may j eopardize the underlying approvals for the Project. In the event Buyer's default is failing to close on the scheduled Closing Date,then Seller may seek specific performance to compel it to close on the purchase and sale contemplated by this Agreement. If Seller fails,refuses or neglects to perform Seller's obligations under this Agreement,Seller shall be deemed in"default." If Seller defaults under this Agreement,Buyer shall give Sellerwritten notice specifying any such default. If Seller has not cured the default within ten(10)days following Seller's receipt of Buyer's default notice, or, where the nature of the specified default cannot reasonably be cured within such ten-ay period, Seller has not commenced a course of action and thereafter diligently pursued such course of action as reasonably required to promptly cure such default within ninety(90).days,Buyer may either(1)receive a refund of all monies paid by Buyer under this Agreement or(2)seek specific performance,without thereby waiving an action to recover Buyer's actual and direct damages(out-of-pocket amounts actually paid by Buyer to third parties). Acceptance of a special warranty deed at Closing shall be Buyer's acknowledgment of full performance by Seller of all of its agreements,duties and obligations under this Agreement and no agreement,duty or obligation of Seller shall survive the Closing except the obligation of Seller to complete the Punch List, the Limited Warranty provided in Section 19 below, and the warranties contained in the special warranty deed. The provisions of this Section 16 will survive Closing. 17. Deleted 18. ONGOING ACTIVITIES. Buyer understands that as long as Seller owns property within the Project, it may retain offices and model homes within the Project (including on or within Common Property,and any improvements thereon). Seller's sales representatives may show homes, erect advertising signs and conduct any and all activities whatsoever as is necessary and appropriate for the sales, leasing or management of the Project. In addition to the foregoing, Seller, and its affiliates, assignees, contractors, subcontractors, licensees and designees may conduct such construction, marketing and other activities in or around the Project as are deemed necessary or appropriate in the sole discretion of Seller or the party conducting such activities on Seller's behalf, or with Seller's consent . Without limiting the generality of the foregoing, and as a material inducement to Seller to enter into this Agreement, Buyer acknowledges and agrees that SELLER AND/OR OTHER PARTIES MAY BE CONDUCTING CONSTRUCTION,SALES,LEASING, AND OTHER ACTIVITIES WITHIN OR AROUND THE PROPERTY AND THE PROJECT, BOTH BEFORE AND AFTER The CLOSING. BUYER RECOGNIZES THE RIGHTS OF SELLER, OR OTHERS PERMIZ"fED BY SELLER, TO CONDUCT SUCH ACTIVITIES AND HEREBY AGREES NOT TO:(i)DEEM ANY OF THESE ACTIVITIES TO BE NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES, (ii) ENTER, OR ALLOW ANY OTHERS UNDER BUYER'S CONTROL TO ENTER, ANY AREAS WHERE SUCH ACTIVITIES ARE BEING CONDUCTED (EVEN WHEN THEY HAVE TEMPORARILY CEASED, SUCH AS DURING NON-WORKING HOURS),OR(iii)INTERFERE WITH,RESTRICT OR IIVIPEDE THE WORK 11 OF SELLER OR OTHERS WMIIN THE PROJECT,AND BUYER HEREBY GRANTS SELLER ACCESS TO THE LOT AND ALL PORTIONS THEREOF, SUBSEQUENT TO CLOSING IN ORDER TO COMPLETE ANY WORK WITHIN THE PROJECT. 19. SELLER'S LIMITED WARRANTY.DISCLAIMER OF IMPLIED WARRANTIES. Seller agrees to repair,at Seller's expense,for a period of one(1)year from Closing,all materials that may prove to be defective within one(1)year from the Closing Date("Limited Warranty'). It is expressly understood that this obligation shall be void if the need for such repairs arises from an act or failure to act by Buyer or Buyer's agents,servants,lessees,employees,or invitees,or if such need arises by virtue of an act of God,or if Buyer shall have attempted to repair same without first giving Seller thirty(30)days prior written notice thereof.This Limited Warranty shall be the only warranty that Seller shall make or be obligated to make regarding the Property or Project. BUYER UNDERSTANDS THAT THE ABOVE-DESCRIBED LIMITED WARRANTY TO BE DELIVERED TO BUYER AT CLOSING IS THE ONLY WARRANTY MADE BY SELLER WITH REGARD TO THE PROPERTY OR THE PROJECT,AND,TO THE MAXIMUM LAWFUL EXTENT AND UNLESS CLEARLY AND ABSOLUTELY PROHIBITED BY LAW, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND HABITABILITY, ANY WARRANTIES IMPOSED BY STATUTE, AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND OR CHARACTER ARE SPECIFICALLY DISCLAIMED,AND SELLER HAS NOT GIVEN AND BUYER HAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED ENTIRELY,ALL SECONDARY,INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED, WAIVED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAIMED ENTIRELY ABOVE). BUYER UNDERSTANDS AND HEREBY AGREES TO THE TERMS AND CONDITIONS OF THE LIMrrED WARRANTY. Without limiting the generality ofthe foregoing,if,but only if,Seller is prohibited from disclaiming entirely certain implied warranties by reason of the provisions of the "Magnuson-Moss Warranty Act" (15 U.S.C. §§2301-2312) (the "Warranty Act"),if applicable, Seller HEREBY LIMITS THOSE IMPLIED WARRANTIES,IF ANY,AS FOLLOWS:(i)IN SCOPE TO THOSE, IF ANY, GIVEN ON "CONSUMER PRODUCTS," IF ANY, AS DEFINED IN THE WARRANTY ACT, IF APPLICABLE) WHICH ARE ACTUALLY COVERED BY THE LIMITED WARRANTY, AND (ii) IN DURATION TO THE ONE YEAR PERIOD OF SELLER'S LIMITED WARRANTY, AND ALL THOSE IMPLIED WARRANTIES,IF ANY,ARE HEREBY DISCLAIMED ABSOLUTELY THEREAFTER Buyer understands and agrees that Seller is authorized to utilize a and party warranty management service in connection with the administration of any warranty provided to Buyer for the Community Facility,and that Buyer agrees to execute any registration forms or agreements in connection with such warranty administration. Seller will deliver to Buyer, at Closing, any and all manufacturers' warranties, which will be passed through to Buyer at Closing, none of which manufacturers' warranties are expressly warranted in any way by Seller. The provisions of this Section 19 will 12 survive Closing. 21. NOTICES. Unless this Agreement states other methods of giving notices,whenever either party is required or desires to give notice to the other party,the notice must be in writing and sent either.(i)by first class mail,postage prepaid(unless sent outside of the United States,in which event written notices to Buyer may be sent by regular air mail);(ii)by facsimile transmission or electronic mail if Buyer has indicated a facsimile number or electronic mail address on Page 1 of this Agreement;or(iii)by a national overnight courier service,to the address for Buyer set forth on Page 1 of the Agreement. A change of address notice is effective when it is received. All other written notices are effective on the day they are properly mailed,transmitted,or delivered,as the case may be,whether or not received(and all permitted non-written notices to Buyer are effective on the date given by Seller)unless receipt is required as specifically set forth in portions of this Agreement. 22. TRANSFER OR ASSIGNMENT. Buyer may transfer or assign Buyer's interest in this Agreement to the Delray Beach Community Redevelopment Agency or the Delray Beach Community Land Trust,Inc.without the approval of Seller,if Buyer wishes to assign this Agreement to another entity it must first obtain consent of Seller, which shall not be unreasonably withheld. Seller may assign or transfer freely all of its rights and obligations under this Agreement. 23. Deleted. 24. FLORIDA LAW;SEVERABILITY. This Agreement shall be governed by,and construed and enforced in accordance with the laws ofe State of Florida,and any disputes in connection with this Agreement will be settled according to Florida law. If any part of this Agreement violates a provision of Florida or federal law, such law will control.In such case,however,the remainder of the Agreement(not in violation)will remain in force and effect.Without limiting the generality of the foregoing,it is Buyer's and Seller's mutual desire and intention that all provisions of this Agreement be given full effect and be enforceable strictly in accordance with their terms.If,however,any part of this Agreement is not enforceable in accordance with its terms or would render other parts of this Agreement or this Agreement, in its entirety, unenforceable,the unenforceable part or parts are to be j udicially modified,if at all possible,to come as close as possible to the expressed intent of such part or parts (and still be enforceable without jeopardy to other parts of this Agreement, or this Agreement in its entirety), and then are to be enforced as so modified.If the unenforceable part or parts cannot be so modified,such part or parts will be stricken and considered null and void,and the remainder of this Agreement shall continue in full force and effect,in order that the mutual paramount goal(that this Agreement is to be enforced to the maximum extent possible strictly in accordance with its terms)can be achieved. Without limiting the generality of the foregoing,if the mere inclusion in this Agreement of terms granting to Seller certain rights and powers, or waiving or limiting any of Buyers rights or powers or Seller's obligations(which otherwise would be applicable in the absence of such terms), results in a final conclusion(after giving effect to the above judicial modification,if possible)that Buyer has the right to cancel this Agreement and receive a refund ofBuyer's Deposit,such offending 13 rights, powers, limitations and/or waivers shall be stricken, cancelled, rendered unenforceable, ineffective and null and void.Under no circumstances shall either Buyer or Seller have the right to cancel this Agreement solely by reason of the inclusion of certain language in this Agreement(other than language which is intended specifically to create such a cancellation right). THE FOLLOWING SENTENCE WILL SUPERSEDE AND TAKE PRECEDENCE OVER ANYTHING IN THIS AGREEMENT THAT IS IN CONFLICT WITH IT: IF ANY PROVISIONS SERVE TO LIMIT OR QUALIFY SELLER'S SUBSTANTIAL COMPLETION OBLIGATION HEREIN, AND SUCH LIMITATIONS OR QUALIFICATIONS ARE NOT PERMITTED IF THE EXEMPTION OF THIS SALE FROM THE INTERSTATE LAND SALES FULL DISCLOSURE ACT PURSUANT TO 15 U.S.C.§ 1702(a)(2) IS TO APPLY OR THIS AGREEMENT IS TO OTHERWISE BE FULLY ENFORCEABLE, THEN ALL THOSE PROVISIONS ARE HEREBY STRICKEN AND MADE NULL AND VOID AS IF NEVER A PART OF THIS AGREEMENT. FOR PURPOSES OF THIS PARAGRAPH ONLY, THE WORDS "THIS AGREEMENT" INCLUDE IN THEIR MEANING THE HOMEOWNER DOCUMENTS. 25. TIME OF THE ESSENCE. The performance of all obligations on the precise times stated in this Agreement is of absolute importance,and failure to perform any such obligations on time is an event of default,time being of the essence with respect to each provision ofthis Agreement which requires performance by Buyer within a specified time period or upon a specified date. If the deadline for the performance of any obligation under this Agreement,or the expiration of any time period under this Agreement,falls on a Saturday,Sunday or legal holiday,then the applicable time period shall be extended to the next succeeding business day. 26. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties, and may not be amended except by written agreement executed by all parties hereto. Any current or prior agreements, understandings, verbal and visual representations and statements, including,without limitation,artist's rendering, sales and advertising materials,or oral statements and representations of Seller's sales representatives, if not expressed in this Agreement or in the Homeowner Documents,are hereby merged into the terms of this Agreement and are void and have no effect,and Buyer acknowledges that Buyer has not relied on any such information or materials. 27. LITIGATION. The venue of any litigation or other dispute resolution arising out of this Agreement shall be Palm Beach County,Florida.This provision shall survive the Closing or earlier termination hereof. 28. Deleted 29. SURVIVAL. The provisions and disclaimers in this Agreement which are expressly set forth herein to have effect after Closing(but only those provisions and disclaimers)will continue to be effective after Closing and delivery of the deed.All other provisions of the Agreement shall be deemed performed or waived at Closing,and shall be merged into the deed. 30. INCORPORATION BY REFERENCE. Every exhibit,schedule,modification,rider,and 14 other addendum and appendix attached to this Agreement or referred to herein is hereby incorporated in this Agreement. 31. Deleted. 32. Deleted. 33. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive its right to use any or all other remedies.Said rights and remedies are given in addition to any other rights the parties may have by law,statute,ordinance or otherwise. 34. CONSTRUCTION. Every covenant,term,provision of this Agreement shall be construed simply according to its fair meaning,and shall not be more strictly construed against any one of the parties hereto.Further,notwithstanding the fact that the form of this Agreement has been drafted, initially, by Seller, all parties to this Agreement have participated fully in the negotiation and preparation hereof,and as this Agreement has been fully negotiated between the parties hereto,the principle of contract interpretation which would result in any ambiguity being construed against the draftsman shall not,and is not intended,to apply.In construing this Agreement,the singular shall be held to include the plural,the plural shall be held to include the singular,and the use of any gender shall be held to include every other gender. The titles and captions contained herein are for convenience only and shall not be deemed a part of the context of this Agreement. 35. NEGOTIATIONS. Buyer acknowledges that the negotiation of this Agreement and all discussions with Seller and its agents regarding the sale of the Property were conducted in the English language.Buyer also acknowledges that(a)Buyer has had ample opportunity to inspect the documents provided to Buyer pursuant to this Agreement,and pursuant to any request ofBuyer,and (b)that although Seller's sales agents are not authorized to change the form of this Agreement,they have strict instructions from Seller to communicate any of Buyer's requests for changes to this Agreement to Seller's management,which has given Buyer the opportunity to discuss and negotiate any such changes to the Agreement. In light of the foregoing, Buyer's decision to sign this Agreement now is totally free and voluntary and Buyer acknowledges and accepts all of the provisions of the Agreement and the Hemeewnw Desuments as fair, reasonable, negotiated, discussed and explained to Buyer's complete satisfaction. 36. COUNTERPARTS. This Agreement maybe executed in counterparts,each ofwhich shall be deemed an original,and shall be binding upon the party or parties who executed same,but all of such counterparts shall constitute one and the same Agreement. 37. EFFECTIVE DATE. The effective date("Effective Date")of this Agreement shall be the date stated on Page 1 of this Agreement,and shall be the date from which all time periods under this Agreement are computed. 38. Deleted 15 39. OTHER STATUTORY DISCLOSURES. A. Chavter 558 Notice of Claim. CHAPTER 558,FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR COMMUNITY FACILITY.SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. B. Florida Homeowners'Construction Recovery Fund. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM,CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE,FLORIDA 32399-1039 (850)487-1395. C. Real Estate Taxes. BUYERS SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEARS SUBSEQUENT TO PURCHASE. A CHANGE IN OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. D. Homeowner's Association Disclosure Summary. ATTACHED HERETO AS EXHIBIT "D" IS A HOMEOWNER ASSOCIATION DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES WHICH IS HEREBY INCORPORATED IN AND MADE A PART OF THIS AGREEMENT. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY 16 BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST.ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. E. Insulation Disclosure. Seller has disclosed to Buyer,as required by the applicable rules of the Federal Trade Commission that the type, thickness, R-value and location of the insulation Seller intends to install in the Community Facility,are as follows:None,as no insulation shall be installed by Seller. Buyer understands that the above information is based solely on the information provided by the manufacturers of such insulation products,and Buyer agrees that Seller is not responsible for any manufacturers'errors or discrepancies. All of the foregoing information is subject to Seller's rights, under this Agreement to make changes in the Construction Specifications, and to any applicable limitations of Seller's liability to Buyer. Pursuant to F.S., Chapter 553.996,Buyer acknowledges receipt of the Energy-Efficiency Standards published by the Florida Dept.of Community Affairs, which among other things,notifies Buyer of the option of obtaining,at Buyer's expense,an energy- efficiency rating on the Community Facility. F. Radon Gas. Seller does not conduct radon testing with respect to the Property,and specifically disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in connection with the Property. THE FOLLOWING PARAGRAPH IS PROVIDED FOR INFORMATIONAL PURPOSES PURSUANT TO FLORIDA STATUTES 404.056(8): RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES,MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTEMENT. 40. ADDITIONAL DISCLOSURES AND DISCLAIMERS. Seller hereby discloses the following information to Buyer which Buyer should carefully evaluate in its decision to purchase the Property: (a) Buyer acknowledges that certain aspects of the Common Property may, in some cases, be unfinished as of the date of Closing, and that Buyer will accept such improvements and facilities in their"AS IS"condition as of the Closing Date. (b) Although the glass and windows in the Community Facility are impact-resistant, according to the manufacturer, Seller makes no representations as to the resistance qualities or capabilities of the glass windows or doors in the case of a major weather event. 17 (c) Buyer acknowledges Seller may obtain FNMA or FHLMC project approval; however, Seller is not required to obtain the approval. (e) Buyer acknowledges that any proposed Association budget provided to Buyer reflects estimated expenses,and,as an estimate,such expenses are subject to change between the time of Buyer's receipt of any proposed Association budget and the time such expenses are to be paid by the Association. The provisions of this Section 40 will survive Closing. 41. BUYER OPTIONS. In addition to Buyer's rights herein to purchase the Community Facility at Seller's cost, not to exceed $530,000.00, and as more particularly described in that Developer Agreement,of even date herewith,between Buyer and Seller,Buyer shall have to option, upon notice to Seller as described below, to: a)not proceed with the purchase of the Community Facility,but,instead,purchase Lot 12,only,to be used for park purposes only,with appropriate deed restrictions allowing only use as a park, and without any improvements thereto other than water service (using Buyer's water meter and Buyer bearing all water usage charges), landscaping and irrigation for the Lot 12,whereby Lot 12 shall be owned by Buyer(or the public for park purposes if so dedicated by Buyer or by Seller through an amendment of the Plat); or b) terminate this Agreement without penalty to Buyer if Buyer determines,in its sole discretion,that the purchase of Lot 12 for purposes of a Community Facility or a park is not in the best interests of Buyer. In the event Buyer elects to terminate this Agreement,Buyer shall not thereafter impose upon Seller,or any successor in interest,a requirement to construct any commercial improvements within the Project. Notwithstanding any other notice requirements herein, Seller shall notify Buyer in writing,at least sixty (60) days prior to applying for building permits for the building in which the Community Facility unit is to be constructed,that Seller.intends to proceed with construction of such building {"Seller's Notice to Proceed').Buyer shall notify Seller in writing within sixty(60)days of receipt of Seller's Notice to Proceed that Buyer has elected to: a)purchase the Community Facility unit at Seller's cost,not to exceed$530,000.00,as aforesaid;or b)purchase Lot 12,only,at Seller's cost of $200,000.00 for park purposes, as aforesaid; or c) terminate this Agreement without penalty to Buyer.In the event Seller does not receive notice of Buyer's election under this section within sixty (60)days of receipt of Seller's Notice to Proceed,Seller shall deem such failure to notify Seller as Buyer's election to terminate this Agreement,whereupon Seller may proceed with development of the Project without any requirement of commercial improvements. BY SIGNING BELOW,BUYER AND SELLER AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS OF THIS AGREEMENT.ACCORDINGLY,BUYER IS HEREBY ADVISED TO CAREFULLY REVIEW THIS AGREEMENT AND THE HOMEOWNER DOCUMENTS,AND TO CONSULT WITH AN ATTORNEY OF BUYER'S CHOICE. If, after the execution of this Agreement,Buyer or any attorney on Buyer's behalf;informs Seller that Buyer desires or intends to terminate this Agreement, or that 18 Buyer is or may be unable or unwilling to comply with any of the terms of this Agreement,then, at the option of Seller,same will constitute a default by Buyer. IN WITNESS WHEREOF,the parties hereto have sworn to and executed this Agreement as of the date first above written. SELLER: CANNERY ROW LLC, a Florida limited liability company By: Ironwood D elopment,Inc., a Florida co oration,its Managing Member By: Cary lickstein,as President BUYER: CITY RAY BEA"ra Mayor, A%,J� r. > tiAN. City Clati Approved as lb form and legal sufficiency: n � By: d I A City Attorney 19 EXRMIT"A" PLAT 20 • ftlilRM�Ot( (t3�'hV II a011iL17i7 _ >L�O�aDA06i{�'sL a00� — — -.Z37 Six - -- -- —1 AA al e I x_ I , f I•: t .��y^*y. . Rq 1 ' •o 0 0• o , w 9 .r�.•.tV.+ t L ' ••^ '1+ ••r -'rte` -inn' R[7;JAl- .. - _�..1' 'T�- �•�'. ' Wlp EXHIBIT KB" FLOOR PLANS AND ELEVATIONS 21 WALL -- -' 2-raR WAI I � z N �49 i o O r t -- ....... r� 0 FF z z IRMO Tn- 0 m N 4 to 2.w HIai.i. 23'-8' - 46 :cam `�• I � 1 0 z - - T r�IC� O IT. D z z w o - a m CA) Q Z r' CD fir' FJ- WALL i r---- ---r----------,�--------- 0 �i a IF i - i i Z3'-8' � W 3 0 0 Z xx�� z _c \.:, ,yeti •\`� -� tip• � '���y� �� � - - - mil, �,`� � •� J � � i a - - - I L Z m 4�6 —t Z a CD 2-HFR WALL ------I------------------------------- i I }. 1 I •. I ,w' A - z 1 ------ ---- 1 z I ; .� I rn 1 I I 1 IN, ; �4♦�.1t '' X7.1 ; - �V 1 I \ti CL N A] - low! 4 V r 70 'O Z _ ffrn '^ II 2-NR WALL r I 1j IlMi 111111 L _ � I I I z 23'-a' r n a z Z I m zi LU I C � t�\\\`\ti�'1`\`ti�tip•` \`\ / / �. I I I r A A - - A I m , z _ I L ...f -; z O I - 6 MUM 0 T17I� - - �ow • f t1 D • D LL m 0o 0 co t s D ca s z ❑� -� INK rT--n aw 3 '•�. et"•:-mo�tt•• coL i rr8`�?:_+'•>:Sri �5:;'.. • EXHIBIT KC" CONSTRUCTION SPECIFICATIONS 22 Exterior Finishes: - Smooth stucco finish on exterior walls, covered entry and porch ceilings, and soffits with stucco soffit crown molding. - 'Decorative, pre-finished aluminum (non-operative) shutters as per Elevations. - Painted, wood-wrapped steel and fiberglass columns at selected balconies, as per Elevations. - Pre-finished decorative balcony railing, as per Elevations. Brick paver entry walkway. Sherwin-Williams (or equal) exterior flat latex paint on all stucco. Sherwin-Williams (or equal) exterior semi-gloss enamel paint non-pre- finished doors and decorative columns. Decorative Awnings at selected locations, as per Elevations. Interior Finishes: None. The Community Facility will be delivered as a shell structure, such that the interior will consist of exposed cmu (block walls), floor and roof trusses, plywood sheathing, and temporary stair system. Windows and Exterior Doors: PGT (or equal) pre-finished white aluminum, single-hung windows with impact-resistant tinted glass, and screens. PGT (or equal) 8' pre-finished white aluminum storefront doors with impact-resistant tinted glass at Is'floor, with French doors at upper floors, as per Elevations. Therma-Tru (or equal) 8' insulated, painted/stained fiberglass, raised panel rear door. Air Conditioning and Heating: None Plumbing and Fixtures: 9" water service stub-out to interior wall, sewer line connection to first floor drain. Electrical and Fixtures: Single-phase 200 amp service to meter box and stub out to interior wall. Fire Sprinkler: Water line stub out to interior wall. Landscaping and Walkways: - Landscaping pursuant to Jerry Turner&Associates landscape plan. Zoned sprinkler system utilizing city water on HOA meter. Brick paver sidewalks;ADA compliant front entry. Insulation: None 2 4 SPECIFICATION DISCLOSURES BUYER UNDERSTANDS AND AGREES THAT: i All dimensions and floor plans are approximate, and all specifications, materials, features, frnishes, equipment, and product selections are subject to change by Seller without prior notice pursuant to the Purchase and Sale Agreement. Certain materials, features, finishes, equipment and products may appear on the Floor Plans or Elevations for one townhome model type but not on other townhome model types; thus, these Construction Specifications are intended to include all such materials, finishes, equipment and products that Seller presently intends to use with the Project, but not necessarily on the Community Facility. Exterlor paint color combinations will be determined by Seller, it its discretion based on appropriateness to the Elevations and location of the Community-Facility in relation to adjacent townhomes and/or townhome buildings. xterior features, such as landscaping materials, walls, trellises, amenities, fencing, gates, railings, light fixtures, and the colors, finishes and textures of such items, shown on any promotional materials may not be accurate representations of the improvements to be installed or constructed by Seller, and Seller is not bound by any such representations. Certain design features shown in the Floor Plans and/or Elevations j are based on architectural software, such that certain design features, including,without limitation, exterior doors, windows, entry gates, balcony posts and railings, decorative shutters, garage doors, i brick and stucco fagades, light fixtures, fencing, and roof materials may not be accurate representations of the items or materials to be pursuant Installed by Seller ese peci ca ons, an Seller is not bound by any such representations in the Floor Plans or Elevations. Only those items stated in these Specifications will be included in the Community Facility, subject to the provisions of the Purchase. and Sale Agreement. The glass in the windows and doors are impact-resistant, according to the manufacturer. Seiler makes no representation as to the resistance qualities or capabilities of the glass windows or doors in the case of a major weather event. f i 3 r EXHIBIT"D" DISCLOSURE SUMMARY FOR CANNERY ROW HOMEOWNERS ASSOCIATION IF THE DISCLOSURE SUMMARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE,THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT.BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS DISCLOSURE. AS A BUYER OF PROPERTY IN THIS COMMUNITY,YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS'ASSOCIATION("ASSOCIATION"). THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS ("COVENANTS") GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $330.00 PER MONTH. YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IFAPPLICABLE, THE CURRENT AMOUNT IS$0.00. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY,OR SPECIAL DISTRICT.ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'ASSOCIATION.IF APPLICABLE,THE CURRENT AMOUNT IS$ 0.00. 23 THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED.OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER , BUYER DATE 24 11TY OF DELRAY BEREH F I . .BEACH I . CITY CLERK F V • O - All-Amed=Clty 1993 CERTIFICATION 2001 I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 39-07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 24th day of July, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 26th day of July, 2007. Chevelle D. Nubin City Clerk City of Delray Beach, Florida d ,y/ fr: �Ir T�IF EFFORT ALWAYS MA-r•T-R<1' RESOLUTION NO. 39-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,FLORIDA. WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida, for community facility or park purposes;and WHEREAS,it is in the best interest of the City of Delray Beach, Florida,to purchase said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Cannery Row, LLC, as Seller, for a purchase price not to exceed Five Hundred Thirty Thousand and 00/100 Dollars ($530,000.00), and other good and valuable consideration; said parcel with structure being more particularly described as follows: Lot 12, CANNERY ROW, according to the Plat thereof recorded in Plat Book 109,Page 133,Public Records of Palm Beach County Florida or the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Cannery Row, LLC, as Seller, for a purchase price of Two Hundred Thousand and 00/100 Dollars ($200,000.00), and other good and valuable consideration; said parcel, without a structure, being more particularly described as follows: Lot 12, CANNERY ROW,according to the Plat thereof recorded in Plat Book 109,Page 133,Public Records of Palm Beach County Florida or the City Commission of the City of Delray Beach,Florida may terminate the purchase and sale agreement without purchasing any property. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit"A". PASSED AND ADOPTED in regular session on this 24±day of,JWy,2007. MAYOR ATTEST: City Clerk 2 RES.NO. 39-07 Memorandum To: Brian Shutt,Assistant City Attorney CC: File From: Lanelda Gaskins, Executive Assistant/Agenda Coordinator Date: 7/27/2007 Re: Purchase and Sale AgreementlCannery Row, LLC Attached please find two (2) partially executed original of the Purchase and Sale Agreements between the City and Cannery Row, LLC, a long with two (2) certified copies of Resolution No. 39-07. This agreement and Resolution No. 39- 07 was approved at the July 24, 2007 Regular Commission Meeting. Please have the agreements executed by Cannery Row, LLC and return one fully executed original agreement to the City Clerk's Office. Please call me at 243-7059 if you have any questions. Thank you. LG/Ig Attachment "f GvNED SIMON AND SCHMIDT AVS , low ATTORNEYS AT LAW �� y/ l/�,L 140 NORTHEAST FOURTH AVENUE,SUITE A % { ` �✓ DELRAY BEACH,FLORIDA 33483 Y! ERNEST G.SIMON DAVID W.SCHMIDT TELEPHONE(561) 278-2601 WEST PALM BEACH FAX(561)285-0286 (561)737-6222 August 13,2007 R F—C EI V EIS AUG 1 `' 2007 Ms. Lanelda Gaskins CITY CLERK City of Delray Beach 100 NW I"Avenue Delray Beach,Florida 33444 Re: Cannery Row Purchase and Sale Agreement My File No. 7479 Dear Ms. Gaskins: Enclosed please find an original fully executed copy of this contract. Sincerely yours, � � f David W. Schmidt cc: Mr. Cary Glickstein Brian Shutt,Esq. Page 1 of 1 Gaskins, Lanelda From: Gaskins, Lanelda Sent: Monday,August 13,2007 3:04 PM To: Shutt, Brian Cc: Walinski, Milena Subject: Executed Agreement/Cannery Row,LLC Purchase and Sale Agreement Attachments: Cannery Row, LLC Purchase and Sale Agreement.pdf Tracking: Recipient Dellvery Shutt,Brian Delivered:8/13/2007 3:04 PM Walinski,Milena Delivered:8/1312007 3:04 PM For your records and disbursement,attached please find a fully executed copy of the Purchase and Sale Agreement between the City and Cannery Row, LLC,which was approved at the July 24,2007 Regular Commission Meeting. The original agreement will be maintained in the City Clerk's Office and a copy has been sent to Milena Walinski in the Finance Department. Please call me at 243-7059 if you have any questions. Thank you. LGilg Attachment 8/13/2007 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM II.A.-REGULAR COMMISSION MEETING OF JULY 15,2014 ORDINANCE NO. 19-14 BACKGROUND A presentation addressing several topics of the Kimley Horn parking study was made to the City Commission at its January 14, 2014 workshop. Staff was provided direction for the various topics and is bringing forward modifications to the In-Lieu and Public Parking fee programs. This item is being presented independently of the comprehensive parking management plan as it requires one (1) public hearing and is unrelated to the discussions and components of a fee based parking program. The in-lieu of parking fee program is a development incentive allowing expansions and conversions of use for properties unable to provide required parking in accordance with Land Development Regulations, (LDR), due to site restrictions. The program allows a small percentage of in-lieu spaces for new development to maximize leasable square footage while reducing the urban sprawl caused by surface parking lots. A comprehensive review of the program, STAFF RECOMMENDATION completed in 2006, showed a significant Current Fee disparity between the market rate cost per Area Proposed% Proposed Market space if constructing a parking structure (per space) Increase Fee Rate and the program's cost per space. City Area 1 $18,200 30% Commission, concurrent with other Area 2 $15,600 51% $23,660 recommending bodies, approved a 30% Area 3 $7,800 30% $10,140 $28,000 increase in areas 1 through 3, stipulating annual review of the fees, intended to Area 4 $4,000 15% $4,600 increase fees in incremental costs until market rate was achieved. A February 2008 review resulted in no increase in fees due to the failing economy, which has continued through subsequent years to date. It has been suggested that the cost of in-lieu parking spaces, regardless of area, should be priced at the market rate for construction. A recent parking garage feasibility study, conducted by Kimley Horn for the Block 117, Gladiola Lot, located on SE 6th Avenue, south of Atlantic Avenue, (Northbound Federal Hwy), showed the estimated cost per space for the construction of an approximate 300 space garage at $28,000 per space including design and construction. Considering the current build out of Areas 1 and 2, (Beach and Core Areas), and the lack of need for further development incentive, Staff is recommending consolidation of these two areas. A 30% increase, applied to the current Area 1 fee of$18,200 results in a $23,660 per space fee. It is noted, the majority of in-lieu of parking fee requests are predicated by the conversion of use from retail or office to restaurant. The proposal will not negatively affect small "mom & pop" businesses from expanding or converting available neighboring sites. Atlantic Avenue, extending 2-blocks north and south, between Swinton Avenue and the Intracoastal Waterway (ICW), are governed under Land Development Regulations (LDR), Section 4.4.13(G), requiring 1-space per 300 square feet of total floor area for retail or net floor area for office; excluding restaurants. Therefore, expanding to a vacant office or retail space within this boundary would not require additional parking unless converting to restaurant. However, building new floor area, (unlikely considering current conditions), would require parking. Outside this designated area parking is required in accordance with LDR Section 4.6.9. Due to varying requirements for different uses, additional parking may or may not be required. Public Parking Fee: LDR Section 4.6.9(E)(4) The Public Parking Fee is for AREA CURRENT 15% 30% MARKET properties outside the In-Lieu of RATE INCREASE INCREASE RATE Parking Fee areas. Area 1 of the West of program is for properties west of I Swinton $16,000 $18,400 $20,800 Swinton Avenue and Dixie East of $28,000 Highway at $16,000 per space and 2 Swinton $18,000 $20,700 $23,400 Area 2 for properties east of Swinton Avenue and Dixie Highway at $18,000 each. Staff recommends a 15% increase for properties west of Swinton Avenue and 30% increase for properties east of Swinton Avenue, resulting in a respective cost of$18,400 and $23,400 per space. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the In-Lieu of and Public Parking Fee Programs are not specifically mentioned in the Comprehensive Plan, they are not inconsistent with the stated Goals, Objectives and Policies of the plan. The City Commission is asked to determine the appropriate increase in In-lieu and Public Parking Fees and if development incentives are still needed in the areas described in the two LDR provisions. This item is not affected by the comprehensive parking management plan. Moving forward independently will reduce items included in the presentation mitigating information overload. The Parking Management Advisory Board, at its meeting of January 28, 2014, recommended approval of the modifications to the In-Lieu and Public Parking fee programs as outlined in the preceding staff report. The Community Redevelopment Agency deliberated this item at its May 8, 2014 meeting. Consensus of the Board was approval of the proposed ordinance with the caveat that In-lieu fees in Area 3, (formerly Area 4), West Atlantic Avenue,remain unchanged. The Downtown Development Authority, at its meeting of May 12, 2014 recommended denial of the proposed ordinance. The West Atlantic Redevelopment Coalition recommended a 30% increase for in-lieu of parking fees in the area citing the marginal increase based on the reduced rate currently in effect. The Planning and Zoning Board, at its meeting of May 19, 2014, in a 4-3 vote, (Shutt, Davey and Durden dissenting),recommended approval. In summary, the ordinance contains the following actions for the In-Lieu of and Public Parking Fee Programs: 1) Consolidate Areas I and 2 of the in-lieu fee program 2) Increase fees in the consolidated In-lieu Area I by 30%resulting in a$23,660 per space fee 3) Increase fees in old In-Lieu AREA 3, now AREA 2 by 30% resulting in a $10,140 per space fee 4) Increase fees in old In-Lieu AREA 4 now AREA 3 by 15%resulting in a$4,600 per space fee Public Parking Fee Program 1) Increase fees in Public Parking Fee Area 1: West of Swinton by 15% and 2) Area 2, East of Swinton by 30%resulting, in$18,400 and $23,400 respective fee per space. FINANCIAL DEPARTMENT REVIEW Finance recommends approval, except that fees for all areas east of Swinton Avenue should be increased to full market rate. Based on data in this memo, this would be a minimum of the Kinley-Horn 2010 estimated construction cost of$ 28,000 per space, increased to reflect costs at some future date at which the City's in-lieu garage spaces would plausibly be built. To this should be added the present value of future garage operating costs, offset by future garage revenue, if any. DISCUSSION This item is before Commission to consider an amendment to the Land Development Regulations (LDR) by amending Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu Fee" and (4), "Public Parking Fee", to reflect fee changes for same. TIMING OF THE REQUEST While no immediate urgency exists for this item, staff would like the item heard as soon as practical to implement this long overdue text amendment. RECOMMENDATION Staff recommends approval of Ordinance No. 19-14 on first reading and for the ordinance to be scheduled for Public Hearing at the next available City Commission Meeting. ORDINANCE NO. 19-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.6,"SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARING REGULATIONS", SUBSECTION (E), "LOCATIONS OF PARING SPACES", SUB-SUBSECTIONS (3), "IN- LIEU FEE", AND (4), "PUBLIC PARING FEE", TO REFLECT FEE CHANGES FOR SAME; PROVIDING A SAVING CLAUSE, A GENERAL,REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 19, 2014 and voted 4 to 3 to approve the amendments; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off Street Parking Regulations, "Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu Fee", and (4), "Public Parking Fee", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parking Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements, except as provided for herein. The terms "on-site parking" and "off-street parking' are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional on- street public parking may reduce the number of in-lieu and public parking fee spaces required. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). When the provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right-of-way exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and, (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. One parking space credit shall be given for each additional full space constructed abutting a lot or parcel. No part of an on-street parking space shall extend past a side property line of the lot it serves. On-street parking located on the opposite side of the right-of-way, and within the property lines, as extended to the opposite side of the right-of-way, may be counted toward fulfilling the off-street parking requirement when the adjacent lot is a railroad or waterway, and it does not warrant parking. In the event the City, County or State removes the parking spaces at any time for a public purpose, the property shall be considered lawfully nonconforming with respect to parking. (3) In-Lieu Fee: Subject to the limitations of this Section, new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in-lieu of parking program. Required parking for exclusively residential development or residential components of mixed use developments are not eligible for this in-lieu option. A maximum limit of 30% of eligible required parking can be provided under this option, except for use conversions for which there is no maximum. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. Payment of a fee in-lieu of required parking shall be pursuant to the following provisions. (a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map). 2 ORD.NO. 19-14 (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD and Parcels located west of the Intracoastal Waterwav which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area, West Atlantic Neighborhood, Block 69 or located in the Old School Sduare Historic Arts District OSSHAD - $18,200 $23,660 per space. ,1 GBD GBD R n _hie t 1..,1,.,1 within the fffe z��n .. . { } Area 3 2: Parcels located within the OSSHAD zoning district, e-,�eep €ef Block 69 fts ftefed ift "re 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC - 0 $10,140 per space. {4}43� Area 4 3: Parcels located within the West Atlantic Neighborhood which are zoned CBD - $4,000 $4,600 per space. 3 ORD.NO. 19-14 IYAI Y21 YM r - O � 1Y16Y0 ' � fD T"'-T9'R' UP 71 rr,T7. � Tl -r- i FF'T: UEL IDS ,3 0 `till ilk 1, 'l ! I-U' lL 1 _ J M -,I _ - _.�J 9 a,l r-r � •I� �—�� __I O W �' a u �w 1 v a I _ — _ 4 �Il ll LiJ 1 !7i 1 j LLLU U. f - I - r PTI 11. o - �E ,I J3 ORD.NO. 19-14 (c) All proceeds from such a fee shall be used for parking purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within public right-of-way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of-way; the applicant must only pay the in-lieu fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constructed in the public right-of-way which are required to meet the performance standards for new developments. ( Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. 5 ORD.NO. 19-14 (4) Public Parking Fee: When parking requirements are applied to new development, in- fill development, which has been vacant for five (5) years or longer, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on-site. This option cannot be utilized in conjunction with the In-Lieu Fee provisions of subsection 4.6.9(E)(3) or Section 4.6.9(B)(4), where private land is acquired by a governmental entity for parking or park purposes. (a) For properties located within 600' of a programmed public parking facility, excluding property zoned CBD and/or CBD-RC, an alternative to providing all the required parking on-site is to contribute towards the construction of the parking facility. The cost per space shall be based upon the location of the property for which the public parking fee is being sought. Area descriptions and corresponding fee amounts are hereby established as follows: If for whatever reason the public parking does not get built the City shall retain the fee to provide parking or parking maintenance in the quadrant of the City where the development is located. (1) Area 1: Parcels located east of Swinton Avenue and South Dixie Highway - $48,000 $23,400 per space. (2) Area 2: Parcels located west of the Swinton Avenue and South Dixie Highway - $46,,000 $18,400 per space. (b) The Public Parking Fee is limited to no more than 25% of the total required parking of a development not to exceed 10% of the total number of parking spaces associated with the Programmed Public Parking Facility. Within a Programmed Public Parking Facility, a maximum of 25% of the total number of parking spaces provided within the Facility are available to the Public Parking Fee Program. (c) When a programmed public parking facility is not anticipated to be constructed within three (3) years of site plan approval of the proposed development, a building permit will not be issued unless the proposed development constructs additional on-street parking within the right-of-way adjacent to the development equating to 75% of the total number of spaces subject to the Public Parking Fee. (d) Where adequate right-of-way exists adjacent to the proposed project for which the fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to the fee unless authorized by the City Commission. The applicant will be credited up to one- half of a parking space for each full parking space constructed within public 6 ORD.NO. 19-14 right-of-way. (For example, the applicant requests to pay the public parking fee on 4 spaces; the applicant constructs 4 spaces in the right-of-way; the applicant must only pay the public parking fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. (e) All required residential and guest parking spaces associated with a development and required guest room parking for hotels, motels, residential-type inns, bed and breakfasts, and similar uses must be provided on-site. ( The public parking fee must be paid in full upon issuance of a building permit. (g) The Director of Planning and Zoning or designee shall maintain a record of the developments that utilize the Public Parking Fee Program and the number of spaces allocated to the program for each Programmed Public Parking Facility. (h) The operating hours of the Programmed Public Parking Facility are at the sole discretion of the governmental entity that owns the facility, and shall not be affected by parking spaces intended for commercial tenants of the development. (i) The Public Parking Fee amount shall be reviewed at a minimum every two (2) years and the fee adjusted as warranted. (j) Requests to allow public parking fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. That this ordinance shall become effective upon its adoption on second and final reading. 7 ORD.NO. 19-14 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2014. M AYOR ATTEST: City Clerk First Reading Second Reading 8 ORD.NO. 19-14 w O O O O O w 00 r4 Y N -U? 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Rustin, Assistant City Attorney THROUGH: Noel Pfeffer, City Attorney DATE: July 11, 2014 SUBJECT: AGENDA ITEM 11.B.-REGULAR COMMISSION MEETING OF JULY 15,2014 ORDINANCE NO.21-14 BACKGROUND The attached Ordinance No. 21-14 amends the membership requirements of the General Employees Retirement Committee to require either the Chief Financial Officer or the Treasurer to serve on the committee. This change is made to provide for some flexibility in case the Chief Financial Officer is unable to serve. This change also acknowledges that the title of"Finance Director" has been changed to "Chief Financial Officer." DISCUSSION The item before the Commission is a request for approval of Ordinance No. 21-14 amending the membership requirements of the General Employees Retirement Committee to allow for either the Chief Financial Officer or the Treasurer to serve on the committee. RECOMMENDATION The City Attorney's office recommends City Commission approval. ORDINANCE NO. 21-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE", SUBSECTION (A)(1), "RETIREMENT COMMITTEE ESTABLISHED", TO REQUIRE THE CHIEF FINANCIAL OFFICER OR TREASURER TO BE A MEMBER OF THE GENERAL EMPLOYEE'S RETIREMENT COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to require the Chief Financial Officer or Treasurer to serve on the General Employees Retirement Committee to provide for some flexibility in case the Chief Financial Officer is unable to serve. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", Section 35.105, "Administration by Retirement Committee", Subsection (A)(1), "Retirement Committee Established", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 35.105.ADMINISTRATION BY RETIREMENT COMMITTEE. (A) [Retirement Committee Established.] (1) The plan will be administered by the Retirement Committee (herein referred to as the Committee) appointed by the City Commission, consisting of five (5) members. One member shall be the F:ftftftee Pireefe) Chief Financial Officer of the City. If the Chief Financial Officer cannot serve for any reason. the Treasurer of the C4: will take his or her place. The City Commission shall appoint four (4) additional members, three (3) of whom may, but need not, be employees of the City and one that may, but need not be an employee of the City or the Mayor or City Commissioner. Each appointed member shall serve until a successor is appointed in like manner. (2) An individual member of the Committee may resign by delivering his written resignation to the City Commission and to the other members of the Committee. The City Commission may remove an individual member of the Committee by so notifying the member and other Committee members, if any, in writing. Vacancies on the Committee shall be filled by City Commission appointment. 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 , 2014. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD.NO. 21-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: June 23, 2014 SUBJECT: AGENDA ITEM 11.C.-REGULAR COMMISSION MEETING OF JULY 15,2014 ORDINANCE NO.22-14 BACKGROUND The attached Ordinance No. 22-14 establishes a temporary building moratorium on pet stores for a period of six (6) months from the date of adoption of this ordinance in order to give City staff a period of time in which to review studies regarding substandard breeding facilities and pet stores in order to draft appropriate and responsible regulations regarding same. DISCUSSION The item before the Commission is a request for approval of Ordinance No. 22-14 establishing a temporary building moratorium on pet stores for six (6) months. RECOMMENDATION The City Attorney's Office recommends City Commission approval of Ordinance No. 22-14. ORDINANCE NO. 22-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON PET STORES AND AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING A SAVINGS CLAUSE, A GENERAL,REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the City of Delray Beach desires to prohibit substandard breeding facilities that mass-produce animals for sale to the public, many of which are sold at retail in pet stores;and WHEREAS, the City needs a period of time in which City staff may review studies regarding substandard breeding facilities and pet stores in order to draft appropriate and responsible regulations regarding same; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(3)(c). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE OF PERMITS FOR PETS STORES. All activities relating to the acceptance, review and action upon permit applications for pet stores are temporaril,T�pended in order for the City of Delray Beach, through its officials and staff, to have adequate time and opportunity to determine the adequac�: of application criteria standards, and other approval processes related to the issuance of said permits within the Citv of Delray Beach. Based upon the foregoing, there is hereby imposed a temporar: moratorium on the acceptance, review and action upon permit applications for pet stores. During the time the temporary moratorium is in effect, the City will accept no applications for permits for the operation of pet stores. Section 2. PET STORE. Pet store shall mean any retail establishment that is open to the public that sells, transfers, or offers for sale or transfer, dogs and/or cats, including puppies and kittens, regardless of the age of the dog or cat. Section 3. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this ordinance shall be effective in the corporate municipal boundaries of the City of Delray Beach. Section 4. DURATION OF MORATORIUM/EXTENSION. a. The temporary moratorium set forth in this ordinance shall take effect immediately upon the effective date of this ordinance and shall terminate six (6) months after the said effective date. The City will accept no applications which are subject to the moratorium until the moratorium has expired. b. The City Commission may extend the moratorium established in this ordinance b): enactment of an ordinance one (1) time for a period not to exceed ninet„L(90) ds upon a finding by the City Commission set forth in the ordinance that the problems giving rise to the need for the temporary moratorium established herein continue to exist. Section 5. PENALTIES. Any individual, entity, or agent, who shall violate an): provision of this ordinance or who fails to comply therewith, or any of the reduirements thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period of time not to exceed sixt,L(60) days. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2014. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. 22-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: June 23, 2014 SUBJECT: AGENDA ITEM 11.D.-REGULAR COMMISSION MEETING OF JULY 15,2014 ORDINANCE NO.23-14 BACKGROUND The attached Ordinance No. 23-14 establishes a temporary building moratorium on Marijuana Dispensaries/Medical Marijuana Treatment Centers in order to give staff a period of time to review studies regarding the impacts of Marijuana Dispensaries/Medical Marijuana Treatment Centers to the surrounding area. DISCUSSION The item before the Commission is a request for approval of Ordinance No. 23-14 establishing a six (6) month building moratorium on Marijuana Dispensaries/Medical Marijuana Treatment Centers. RECOMMENDATION The City Attorney's Office recommends City Commission approval. ORDINANCE NO. 23-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON MARIJUANA DISPENSARIES/MEDICAL MARIJUANA TREATMENT CENTERS AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING FOR PENALTIES PROVIDING A SAVINGS CLAUSE, A GENERAL, REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, provides municipal services to its citizens, including regulation and licensing of businesses and issuance of permits; and WHEREAS, the State of Florida is considering legalizing the dispensing of marijuana; and WHEREAS, the City Commission has determined that it is in the best interests of the citizens and general public to regulate the location of marijuana dispensaries/medical marijuana treatment centers in the event the State of Florida legalizes said dispensaries,whether for medical or recreations use;and WHEREAS, the City Commission has the responsibility and authority to determine what uses are best suited to particular zoning categories as well as land use categories with the City; and;and WHEREAS, the City needs a period of time to review studies regarding the impacts of marijuana dispensaries/medical marijuana treatment centers to the surrounding area;and; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.0413(c). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE OF PERMITS FOR MARIJUANA DISPENSARIES/MEDICAL MARIJUANA TREATMENT CENTERS. All activities relating to the acceptance, review and action upon permit applications for marijuana dispensaries/medical marijuana treatment centers are temporaril,T�pended in order for the City of Delray Beach, through its officials and staff, to have adeduate time and opportunity to review studies and to determine the adequac,T�pplication criteria, standards and other approval processes related to the issue of said permits within the City of Delray Beach. Based upon the foregoing, there is hereby imposed a temporary moratorium on the review and action upon permit applications for marijuana dispensaries/medical marijuana treatment centers. During the time the temporary moratorium is in effect, the City will accept no applications for permits for the operation of marijuana dispensaries/medical marijuana treatment centers. Section 2. MARI-JUANA DISPENSARIES/MEDICAL MARI-JUANA TREATMENT CENTERS. Marijuana Dispensaries/Medical Marijuana Treatment Centers shall mean a location or place permitted to sell legal marijuana/cannabis and/or a place where legal marijuana/cannabis is used in the management and care of a patient or the combating of disease or disorder. Section 3. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this ordinance shall be effective in the corporate and municipal boundaries of the City of Delray Beach. Section 4. DURATION OF MORATORIUM/EXTENSION. (a) The temporary moratorium set forth in this ordinance shall take effect immediatel3�upon the effective date of this ordinance and shall terminate six O months after the said effective date. The City will accept no applications which are subject to the moratorium until the moratorium has expired. (b) The City Commission may extend the temporary moratorium established in this ordinance by enactment of an ordinance one (1) time for a period not to exceed ninet� (90) da3�s upon a finding by the City Commission set forth in the ordinance that the problems giving rise to the need for the temporary moratorium established herein continue to exist. Section 5. PENALTIES. Any individual, entity, or agent, who shall violate an3provision of this ordinance or who fails to comply therewith, or with any of the requirements thereof. shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period of time not to exceed sixth 60 da s. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 23-14 PASSED AND ADOPTED in regular session on second and final reading on this day of 2014. MAYOR ATTEST: CITY CLERK First Reading Second Reading 3 ORD. NO. 23-14 � THIS NQW IS LEGAL 7ENDER _ I FOi ALL PLUIb,pUUIX AND PRIVATE li C G 2557 +74 3 E - INVOICE OV wa5x�wrc�..�.a. INVOICE # 2014 G 25574743 [E DATE July 15, 2014 7 pp r�Y� `•I. SERIES . - 2009 / FOR Negligence Commissioners Al Jacquet and Adam Frankel Description Amount Estimated cost to ` payoff ' $70,000 City Manager Louie Chapman Total $70,000.00 Make all checks payable to City of Delray Beach Citizens and Taxpayers Payment is due within 30 days. If you have any questions concerning this invoice, contact the Voters! THANK YOU FOR YOUR COOPERATION! 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The applicant successfully has addressed every single issue SAFE proposed to reduce parking requirements and mitigate future traffic trips. SAFE estimates that the number of daily traffic trips will be 26% less, and the parking requirement 5% less than other properties such as the older high-rise condos on the island because SofA District Retail, Offices & Lofts will be implementing a complete package of Transportation Demand Management (TDM) initiatives that are not considered by today's LDR's parking calculations. SofA District Retail, Offices & Lofts, if approved, will become vet another project in Delray where owning a car will not be a necessity. For that reason, the project will attract young professionals, and members of the creative class, who will bring vitality and increased economic activity to Downtown Delray. For these reasons, SAFE believes that SofA District Retail, Offices & Lofts will join SofA I & II, The Strand, UpTown Delray, and Atlantic Crossing in attracting residents who will walk and bicycle more and drive less in Downtown Delray. SAFE urges the P & Z Board to approve the applicant's request. For the Board: James E. Smith Charles T. Bonfield SAFE Chairman SAFE President {J 1 �{'S Il� � ;f I:1,■■•41, f I �IF You Can't Stop Big Choo Choo. All Aboard Florida wants you to agree. Before you do, read this... Who's Funding Big Choo Choo? Contrary to what some believe, All Aboard Florida is not 100% privately funded. They've applied for a federally guaranteed loan (RRIF) from the Federal Railroad Administration and millions of tax dollars will go into track upgrades, maintenance and terminal construction. Does Big Choo Choo Make Sense? The Orlando Sentinel noted, "No privately run train offering passenger service has operated successfully since the automobile became the main choice of travelers." All Aboard Florida plans on 32 trains, speeds up to 125 mph...given the history, how can they justify 32 trips daily? What's really behind Big Choo Choo? AAF and sister companies Florida East Coast Industries, Flagler Development, and Seacastle Inc. are all owned by the hedge fund Fortress Group. Fortress owns cargo ships coming into the ports of Miami and Everglades and they need to move massive freight north starting next year. What's the Real Truth? AAF is a funding scheme that under the guise of speed rail will actually result in FECI having modern double tracks to run 24 or more freight trains per day through our towns causing traffic jams, delaying first responders, reducing housing values and hampering businesses. Help Stop Big Choo Choo Before it destroys our towns and neighborhoods! Florida Not All Aboard needs your help and numbers matter. Let your elected officials know how you feel...our website contains addresses and sample letters. Sign our petition, follow us on Facebook and attend city and county meetings and voice your concerns. Together we can stop Big Choo Choo! {-:� Florida NOT All Aboard n� " ■� Let's stop Big Choo Choo in his tracks. I��•..- �,� -X ��w%4.11oridanotalla boa rd.com Sign the petition! hits_ tinyur l.coav'fla�ridan��t�ll��t�«ard 0 �=