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07-14-15 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday, July 14, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for 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. C. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 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 lectern 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.mydeiraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: A. NONE 4. PRESENTATIONS: A. RESOLUTION NO. 40-15: Motion to Approve Resolution No. 40-15 recognizing and commendingJffrey Messer for 30 years of dedicated service to the City of Delray Beach. B. Congress Avenue Task Force Status Update 5. 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. 6. AGENDA APPROVAL 7. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT/DELRAY PRESERVE: Motion to approve the Final Plat for Delray Preserve Replat, 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. B. LIMITED ACCESS EASEMENT/200 N.E. 51H COURT: Motion to Approve a Limited Access Easement for the property located at 200 N.E. 5th Court, to restrict vehicular access onto the property from N.E. 211d Avenue, subject to approval of a variance by the Historic Preservation Board for the resulting front setback non- conformity prior to recordation. C. ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR N.E. 81H--AVENUE: Motion to Approve a right-of-way deed with MJH Villa, LLC for acceptance of a 25' dedication of the 1200 block of N.E. 8thAvenue. D. CHANGE ORDER NO. 1/JOHNSON-DAVIS, INC./DOVER LOWSON CULVERT REHABILITATION: Motion to Approve Change Order No. 1 in the amount of $14,757.00 and a 60-day contract extension to Johnson-Davis, Inc. for additional work due to unforeseen site conditions for the Dover/Lowson Culvert Replacement Project No. 14-100, Bid No. 2015-23. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), "Beyond the Scope of Work", and Section 36.06(A)(3), "Extension of Completion Dates". Funding is available from 448- 5461-538-69.30 (Storm Water Utility Fund: Flood Control/Other Improvements/Dover Lowson Culvert Replacement). E. SERVICE AUTHORIZATION NO. 12-08/ WANTMAN GROUP, INC.BLOCK 63 ALLEY: Motion to Approve Service Authorization No. 12-08 with Wantman Group, Inc. in the amount of $34,637.00 for professional design services related to the Block 63 Alley, Project No. 15-001. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 334-3162-541-68.98 (General Construction Fund: Streets, Alleys, Sidewalks/Transportation/Road and Street Facilities/Other Improvements/Alley Improvements). F. AMENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY: Motion to Approve Amendment No. 3 to the Interlocal Agreement between the City of Delray Beach and the School Board of Palm Beach County to share data with the Naoma Donnelly Haggin Boys and Girls Club and to exercise the City's right to extend the term of the Agreement for one year until July 30, 2016. G. PROCLAMATIONS: 1. None H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Motion to Accept the actions and decisions made by the Land Development Boards for the period June 22, 2015 through June 26, 2015. I. AWARD OF BIDS AND CONTRACTS: 1. None 8. REGULAR AGENDA: A. REQUEST FOR SIDEWALK RELIEF IN THE FORM OF A WAIVER/233 VENETIAN DRIVE: Consider a request for sidewalk relief in the form of a waiver for the property located at 233 Venetian Drive within the Nassau Park Historic District to eliminate the requirement for a 5' sidewalk along Nassau Street. (Quasi- Judicial Hearin,-) B. IN-LIEU OF PARKING FEE AGREEMENT/120 N.E. 1sT AVENUE: Consider approval of a request for the purchase of one (1) in-lieu parking space located at 120 N.E. Pit Avenue associated with a Class IV site plan submission to accommodate the construction of a 2,193 square foot office building. (Quasi-Judicial Hearing) C. RESOLUTION NO. 36-15/BEST INTEREST RESOLUTION - CLASSIC AUTO COLLISION CORPORATION: Motion to Approve Resolution No. 36-15 approving acquisitions with Classic Auto Collision Corporation in an amount not to exceed $30,000.00 for FY 2015 for accident/collision repairs to City vehicles; declaring by four-fifths affirmative vote that the acquisitions from Classic Auto Collision Corporation of Delray Beach is in the Best Interest of the City; until such time that an RFQ is issued by the Purchasing Department for services related to collision repairs to City vehicles. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year", and Section 36.02(C)(11), "Best Interest Acquisitions". Funding is available from 501-3311-591-52.52 (Garage Fund: Intra- governmental Services/Operating Supplies/Ci Garage - Outside Services). D. SERVICE AUTHORIZATION NO. 12-16/KIMLEY-HORN AND ASSOCIATES, INC./NORTH DIXIE HIGHWAY PROJECT: Motion to Approve Service Authorization No. 12-16 with Kimley-Horn and Associates, Inc. in the amount of $69,624.00 for professional design services related to the North Dixie Highway ject (Project No. 15-005). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 334-3162-541-69.26 (General Construction Fund: Transportation/ Road and Street Facilities/Other Improvements/North Dixie Highway E. PROVIDE DIRECTION FOR 100 FOOT CHRISTMAS TREE: Staff is requesting the Commission's direction from one of three options with respect to the City's 100 foot Christmas tree which include rehabilitating the City owned tree, purchasing a new aluminum tree or renting a tree. F. RESOLUTION NO. 41-15 — BEST INTEREST RESOLUTION/HOUSING REHABILITATION PROJECTS: Motion to Approve Resolution No. 41-15, for Housing Rehabilitation Construction at 134 S.W. 5th Avenue, 618 S.W. 9th Court, 640 S.W. 6th Avenue, 39 N.W. 11th Avenue, 221 S.W. 15th Avenue and 508 S.W. 6th Avenue utilizing Community Development Block Grant and State Housing Initiative Partnership Funding for the Community Improvement Department from CJ Contracting LLC, South Florida Construction Services and Cordoba Construction Co., declaring by a four-fifths affirmative vote that the City's Sealed Competitive Method is not in the Best Interest of the City. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year" and Section 36.02(C)(11), "Best Interest Acquisitions".s". G. EMPLOYER MUTUAL, INC./RATIFICATION OF DECISION FROM CITY MANAGER FOR EMERGENCY PURCHASE OF LIABILITY INSURANCE: Motion to ratify the City Manager's decision for emergency acquisition of Liability Insurance Coverage for the Skatepark, Railroad Crossings and Women's Club from Employer's Mutual Inc., declaring by a four-fifths affirmative vote that the City's Sealed Competitive Method is not in the Best Interest of the City. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(5), "Emergency Acquisitions", and Section 36.03(B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars($25,000.00) in Any Fiscal Year". Funding is available from 551-1575-591-45.90 (Insurance Fund: Business Insurance/Intra-governmental Services/Insurance/Other Insurance Costs). H. AMENDMENT NO. 1 TO TRIPARTY INTERLOCAL AGREEMENT REGARDING THE OLD LIBRARY SITE AND CHAMBER OF COMMERCE RELOCATION: Motion to approve Amendment No. 1 to the Triparty Interlocal Agreement between the City, the Community Redevelopment Agency (CRA) and the Greater Delray Beach Chamber of Commerce relative to the Old Library Site and Chamber of Commerce relocation. I. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 891h- Annual Conference to be held at World Center Marriott in Orlando, Florida on August 13-15, 2015. J. DISCUSS THE NOMINATION OF AN ELECTED OFFICIAL FOR THE "E. HARRIS DREW" AWARD: Discuss the nomination of an elected official for the "E. Harris Drew" Municipal Official Lifetime Achievement Award. K. FISCAL YEAR (FY) 2016 PROPOSED MILLAGE LEVY RATE: Motion to consider Staff recommendation to set an operating millage rate of 7.1611 for FY 2016 for a total millage rate of 7.4367 including the debt service millage rate of 0.3028. L. PROPOSED MILLAGE LEVY RATE/DOWNTOWN DEVELOPMENT AUTHORITY (DDA): Motion to consider a proposed maximum millage rate of 1.0000 for FY 2016. The Downtown Development Authority's current year millage rate is 1.0000. The DDA Board voted on their proposed budget on July 13, 2015. M.NOMINATION FOR APPOINTMENT OF CHAIRPERSON AND VICE- CHAIRPERSON FOR THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Consider appointment of a Chairperson and Vice-Chairperson for the Community Redevelopment Agency (CRA) Board. N. NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD: Nominations for appointment of five (5) regular members to serve on the Education Board to serve a three-year term ending July 1, 2018. Based on the rotation system, the nominations for appointment will be made by Deputy Vice Mayor Jacquet (Seat #2), Commissioner Katz (Seat #3), Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat #5) and Vice Mayor Petrolia (Seat#1). O. NOMINATION FOR APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Nomination for appointment of one (1) regular member to serve on the Kids and Cops Committee for a two-year term ending July 31, 2017. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4). P. NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Nomination for appointment of one (1) regular member to serve on the Green Implementation Advancement Board for one (1) three-year ending July 31, 2018. Based on the rotation system, the nomination for appointment will be made by Vice-Mayor Petrolia (Seat#1). Q. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Nomination for appointment of one (1) regular member to serve on the Public Art Advisory Board for one (1) three-year term ending July 31, 2018. Based on the rotation system, the nominations for appointment will be made by Vice-Mayor Petrolia (Seat#1). R. NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD: Nominations for appointment of six (6) regular members to serve on the Police Advisory Board to serve a two-year term ending July 1, 2017. Based on the rotation system, the nomination for appointment will be made by Commissioner Katz (Seat #3), Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat#5), Vice Mayor Petrolia (Seat #1), Deputy Vice Mayor Jacquet (,Seat#2) and Commissioner Katz (,Seat#3). 9. PUBLIC HEARINGS: A. RESOLUTION NO. 34-15: Motion to Approve Resolution No. 34-15 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2016 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE YEAR CONSOLIDATED PLAN FISCAL YEARS (FY) 2015-2019 AND ANNUAL ACTION PLAN FY 2015-2016: Motion to Approve the Five Year Consolidated Plan FY 2015- 2019 and Annual Action Plan FY 2015-2016 required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. (STAFF HAS REQUESTED THAT THIS ITEM BE POSTPONED TO A UGUST 11, 2015) 10. FIRST READINGS: A. NONE 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager 1. Waiver of Permit Fee Request from Dr. Al Costilo B. City Attorney C. City Commission i MEMORANDUM W TO: Mayor and City Commissioners FROM: Dot Bast, Human Resources Administrator THROUGH: Donald B. Cooper, City Manager DATE: June 12, 2015 SUBJECT: AGENDA ITEM 4.A.-REGULAR COMMISSION MEETING OF JULY 14,2015 RESOLUTION NO.40-15:HONORING JEFFREY MESSER FOR 30 YEARS OF SERVICE BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Jeffrey Messer achieved that milestone on June 17, 2015. FINANCIAL DEPARTMENT REVIEW Not Applicable DISCUSSION Not Applicable OPERATING COST There are no costs associated with this agenda item TIMING OF THE REQUEST Jeffrey Messer achieved thirty years of service on June 17, 2015. He and Police Chief Jeff Goldman will attend the meeting on July 14, 2015. RESOLUTION NO. 40-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JEFFREY T. MESSER FOR THIRTY YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Jeffrey Messer began his career with the City of Delray Beach on June 17, 1985, and on June 17, 2015, he reached a milestone having achieved thirty years of full- time service with the City of Delray Beach; and WHEREAS, Jeff was born and raised in Delray Beach and attended Pine Grove Elementary School, Carver Middle School and Atlantic Community High School; and WHEREAS, Jeff is a third generation Police Officer following in the footsteps of his grandfather, Delray Beach Sergeant James Messer, serving from 1953 to 1972 and his father, retired Lieutenant David Messer who served with the City of Boca Raton Police Department; and WHEREAS, Jeff was hired as a Police Aide, was soon promoted to sworn Police Officer on January 13, 1986 and on October 1, 1999 achieved Career Officer 2, where he continued to serve with distinction; and WHEREAS, Jeff had a steadfast career with the Delray Beach Police Department, serving in Community Patrol; Vice, Intelligence and Narcotics; Community Relations/Crime Prevention; Public Information Officer; Tactical Team; and on the agency's first Special Entry Team; and 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 hereby recognizes and commends Jeffrey Messer for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Jeffrey Messer for his many years of service, and wishes him the best of health and happiness. PASSED AND ADOPTED in regular session on this the 14m day of July 2015. MAYOR ATTEST: CITY CLERK i MEMORANDUM W TO: Mayor and City Commissioners FROM: Joan K. Goodrich, Economic Development Director THROUGH: Donald B. Cooper, City Manager DATE: June 19, 2015 SUBJECT: AGENDA ITEM 4.B.-REGULAR COMMISSION MEETING OF JULY 14,2015 CONGRESS AVENUE TASK FORCE STATUS UPDATE BACKGROUND Jeff Perlman, Chairman of the 2015 Congress Avenue Task Force will provide the City Commission with a brief status update. The 25+ member Task Force was formed in April 2015 and is charged with developing a set of recommendation for Congress Avenue which will drive more capital investment and quality jobs to the area. 1 1 +~ 1� 4 BUM 1 L ► Lu 1 tA tA rr� V a'' ro to �•• a) -4-J m ro ro V L. 4-j 0 Q) X z Lf I _ O •O ro p -I--j LL ro � •N Su.. U. 4J un 0 E W.. >% E O ° o � V > un "0 Q) C • :3�. O O -� •- 4) V O > :3 a) un -� E C •- V �. ro I c V Q Ln O a p � '0 w L- E 4-J C: LL Q) a) O u O V) v a) >% m Q a� E w un okkV) i Q) � .a; .� a) a) o a N E 0 +-j un ra + a.. w J N C. 0 y� �. to b V to -I--j 0 c I ro 0 V, 00 4J O 06 M 0 b�0 N •- 4J C •� V J ro 0 ro 0 O N 0.) Ul 0J CC V 0.) 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V N •�■■� .tA V1 rOC GJ i a � LrN 0 c 4-- N ro O ' tA V 4J a--j •u f6 E ru E m ._ LU Ln 4-j L foLn Ln E - ..� O E tn C: > 4-j L- ro (1) C: u (1) 4-j -� r O +' O to to • O c: 4) Z E O C: -�-j O 0 tn b� O -N N C +� - V L w � -� J 4J � C: — O Ln LnV +� �. x O 4J > Ln 4J 4_J O E .� ra •� ._ 4J O O 4J 4- O O V V oC w 0 0. a. n 1 1 +~ 1� 4 BUM 1 L ► Lu 1 tA tA rr� V a'' ro to �•• a) -4-J m ro ro V L. 4-j 0 Q) X z i MEMORANDUM r TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: July 8, 2015 SUBJECT: AGENDA ITEM II.A.-REGULAR COMMISSION MEETING OF JULY 14,2015 CITY MANAGER EITY DF DELRAY BEACH DELRAY BEACH 100 N.W. kst AVENUE e DEL-RAY BEACH, FLORIDA 33444 a 56'47243-7000 bcad All-AmericaGq 1 I MEMORANDUM 1993 2001 TO: Mayor and Commission FROM: Donald B. Cooper, City Manager 0� DATE: July 1, 2015 SUBJECT: Waiver of Permit Fee Request from Dr. Alan Costillo (Big Al's Steaks) A request by the owner of Big Al's Steaks has been made to waive the cafe permit fee for one year due to the negative impacts on the business due to the USI Project. Attached please find the email request. There are approximately nine cafe permits impacted by the USI Project in a like fashion. This request is for the cafe permit fee only. There is no ability of the City Manager to waive the cafe permit fee as requested under the City's Code of Ordinances. The only ability of the City Manager to waive permits fees in under Section 2.4.3 (K)(8)(b) (Attached) and it does not apply. The Commission has the ability to waive the fee under Section 2.4.7 (B) (Special Power to the City Commission). If the Commission decides to waive the fee I would recommend it is only for the cafe permit fee and only for one year and should apply to those cafe permits immediately adjacent to the USI Project only. DC/sy (Attachment) cc: Francine Ramaglia, Assistant City Manager Michael Coleman, Director, Community Improvement Noel Pfeffer, City Attorney Jack Warner, Chief Financial Officer RVTCE^ PIARFOf M.�NCC N1-E RITy7/14 �1�5 E l r'� i y QoTMOM0�9 �ef "VA&ORK i S Cooper, Donald From: Big Al <alanc@bigalssteaks.com> Sent: Monday,lune 22, 2015 1:06 PM To: Cooper, Donald Cc: Adam C; Coleman, Michael Subject: Cafe Permit Fee Waiver Manager Cooper Thank You for taking your time to help present this to the City Commission for a decision on a Cafe Permit fee waiver for Big AI's Steaks for the 2015-2016 season. To the point, I am asking for a waiver of our Cafe Permit fees for this year due to the hardship I experienced with the Federal Hwy sidewalk development over the last 15+months. My sidewalk was the first to be "destroyed" by the construction process (early 2014) and the VERY LAST to be finished,just a few weeks ago. We have had problems with sewer and electric wires underneath the ground, both in the front of our store on Atlantic Ave and on Federal Hwy,that kept us in some stage of construction the entire time, and we still have 3 areas of sidewalk with big orange cones due to wire and pole construction still to be completed. And, in addition to the sidewalk construction, a street light pole (4' by 4' at street level)was 'rudely' stuck right in the middle of my sidewalk cafe!! We have lived with yellow fences and tarn up sidewalks with mud and soft asphalt for over a year. We lost half, and at times, all of our sidewalk cafe during the 15+ months.The pics in the link below show the construction fiasco during the last few months. htt www2.sna fish.com sna fish thumbnailshare AlbumlD=11832012023 a=15973748023 15973748023 otsc=SHR otsi=SALBlink C0BRAND NAME=sna fish I would ask that the City Commission waive our Cafe Permit fee as a gesture of understanding for the lost income we incurred during this construction. And again, my family and I do very much appreciate your taking this issue to the Commission for their decision. Thank You for your time and consideration. Dr. Alan Costdo CEO/Co-Founder Big AI's Steaks (561) 221-4604 cell 450 E.Atlantic Avenue (561) 819-1888 store Delray Beach, FL 33483 (866)419-2907 fax AIanctfIBi AlsSteaks.com We make 'em like they do in Philly... That's the only way to do it right] 61g Ae F elc pwity:. I 07/14/2015 Regular City Commission Meeting Item 11.A.1. SECTION 2.4.3 (K) (6) (f) (f) Water Flow Tests. A fee of one hundred fifty ($150.00) dollars shall be paid for all flow tests performed by Delray Beach Fire-Rescue on wet hydrants. [Amd. Ord. 51-09 10/20/09] (g) Fire Watch. A fee equal to the overtime cost incurred by Delray Beach Fire-Rescue shall be paid for any Fire Watch (as defined by the Florida Fire Prevention Code) required by the Florida Fire Prevention Code or by the Fire-Rescue Department. (h) Fire Department Survey (Water Supply). There shall be a twenty-five ($25.00) dollar charge for any survey conducted by Delray Beach Fire- Rescue to establish the adequacy of water supply, distance to closest' fire station, and/or any other pertinent insurance information. (i) Permits for Fire-Related Operations. There shall be a twenty-five ($25.00) dollar permit charge for hazardous operations included in Section 1.12.20 of the Florida Fire Prevention Code, and identified by Delray Beach Fire-Rescue as requiring a permit. (7) Other Development Related Fees: (a) Radon Detection Fee: $ .01 per sq.ft. of the improvement (8) txceptions-: (a) Application and permit fees shall not apply to requests initiated by the City, any agency of the City, or by other units of government. (b) Waiver of payment of development application, plan check and permit fees may be granted by the City Manager upon a written request from eligible non-profit and service organizations. Those organizations eligible for waiver consideration are: [Amd. Ord. 59-95 10/24/95] 1. Non-profit organizations currently receiving a portion of their annual operating budget from the United Way and/or the City and possessing a 501C(3) designation from the State of Florida. [Amd. Ord. 59-95 10/24195] 2. Service organizations which elect to sponsor and participate in special event and/or fund raising activities that are of benefit to the general public. For this purpose, eligible organizations must provide in writing the extent of their involvement with the proposed activity. A group's physical presence (active involvement) during the event is required. 2.4 - 30 07/14/2015 Regular City Commission Meeting Item 11.A.1. l SECTION 2.4.3 (K) (8) (C) (c) The waiver of fees is applied in the following manner: [Amd. Ord. 59- 95 101241951 1, Fees assessed under Section 2.4.3(K)(1), Development Applications, 100% of assessed fees may be waived. [Amd. Ord. 59-95 10/241951 2. Fees assessed under Section 2.4.3(K)(2) and (3), Plan Check and Permit Fees, no more than 70% of the assessed fees may be waived. [Amd. Ord. 59-95 101241951 3. All fees may be waived for the use of the City's portable stage when used in conjunction with special event activities and activities held at City facilities. [Amd. Ord. 59-95 101241951 (t_) Master Development Plans: (1) Submission Requirements, The following items constitute the submission requirements for a Master Development Plan (MDP). (a) Standard A lication Items Pursuant to Section 2.4.3(A). (b) Land Use Map: A graphic representation of the entire site which shows or provides: - a location map; - adjacent street system and parcels and the uses thereon; project name; development areas identified by land use categories; the general location of major water, sewer, and drainage devices required for the project; legend and tabular data regarding land areas devoted to uses (streets, open space, type of use, etc.), square footage of building use per land Use category, and phasing schedule. 2.4 - 31 07/14/2015 Regular City Commission Meeting Item 11.A.1. i s SECTION 2.4.7 (B) 7 (B) Waivers: A waiver involves the granting of partial or total relief from a specific development regulation. (1) Mule: (a) General: A waiver may be granted to the procedural and substantive provisions of these regulations. A waiver may be granted only for those substantive items within these regulations for which such provision is made. A waiver to substantive provisions may be granted only by the Board or body which has the authority to approve or deny the related development application. (b) Special Power to the Gily Commission: Notwithstanding, the City Commission may grant a waiver to any provision of these regulations when there is no other avenue for relief available in these regulations. However, waivers shall not be considered with respect to: (i) Matters which pertain to the use of land or structures; (ii) A requirement for a public hearing or providing notice that an item will be considered by a development board; (iii) A regulation for which it is stated that there shall be no waiver andlor variance provided. (2) Required Information: The following information including the appropriate processing fee must be provided in order for a waiver to be considered: [Amd. Orel. 50-97 111'181971 A formal letter of request within which the regulation which is to be waived, with reference to section number, is described along with justification for granting the waiver. (3) Procedure: A request for waiver may be considered concurrently with the development application with which it is associated. If a waiver request is made after review by an advisory body has been completed, the waiver request must first be reviewed by that body prior to action by the approving body. (4) Conditions: Conditions may be imposed upon the granting of a waiver to the extent that they are directly related to mitigating any adverse effect which may be created by the waiver of a specific development regulation. (5) Findings: 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; 2.4 -78 07/14/2015 Regular City Commission Meeting Item 11.A.1. JI'll J. d 1 Memo CAMIAVIVil - To: Michael Coleman- Director,Community Improvement From: Donna Quinlan- Cl Coordinator Date: July 1, 2015 Re: Sidewalk Cafes-Construction on Federal Highway/US 1 The following is a list of the sidewalk cafes that have been affected by the construction along Federal Highway/US 1: 1 Big Al's Steaks 450 E.Atlantic Avenue 2. Highway Burger 12 SE Slh Avenue 3, juicebuzz 6 NE 5th Avenue 4. Mellow Mushroom 25 SE 6th Avenue 5. Mussel Beach 501 E.Atlantic Avenue 6. Off the Ave Food &Spirits 19 SE Sth Avenue 7. Starbucks 502 E.Atlantic Avenue 8. The Porch 85 SE 6th Avenue 9. Anthony's Coal Fired Pizza 115 NE 66 Avenue 07/14/2015 Regular City Commission Meeting Item 11.A.1. i MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: July 8, 2015 SUBJECT: AGENDA ITEM 11.B.-REGULAR COMMISSION MEETING OF JULY 14,2015 CITY ATTORNEY i MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: July 8, 2015 SUBJECT: AGENDA ITEM 11.C.-REGULAR COMMISSION MEETING OF JULY 14,2015 CITY COMMISSION i MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: July 7, 2015 SUBJECT: AGENDA ITEM 7.A.-REGULAR COMMISSION MEETING OF JULY 14,2015 FINAL SUBDIVISION PLAT/DELRAY PRESERVE BACKGROUND The item before the City Commission is that of approval of a Final Plat named Delray Preserve Replat, an approved 188-unit multiple family development. The subject property was 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 Lost 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." At its meeting of July 15, 2014, the City Commission approved a Final Boundary Plat for Delray Preserve. The purpose of the boundary plat was to combine the five parcels together into one parcel. It should be noted that the approved boundary plat was not associated with the approved site plan, and a replat of the property is necessary to accommodate the approved development. At its meeting of October 20, 2014, the Planning and Zoning Board recommended approval of the conditional use request to allow a free-standing multiple family development in the General Commercial (GC) zoning district for Delray Preserve. At its meeting of December 2, 2014, the City Commission approved the conditional use to allow a free-standing multiple family development. At its meeting of May 13, 2015, the Site Plan Review and Appearance Board approved a site plan, landscape plan, building elevations, and an internal adjustment to the separation requirement between buildings for the 188-unit multiple family development. At its meeting of June 15, 2015, the Planning and Zoning Board considered the final plat associated with the proposed development and recommended approval. DISCUSSION 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. Plat Analysis: 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. Courtesy Notices have been provided to the following groups and neighborhood associations: O Delray Citizens Coalition O The Estuary - HOA O Kokomo Key — HOA O La Hacienda — HOA 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 Delray Preserve Replat, 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. GULF STREAM BOULEVARD SEA CREST BLVD. _, Alec. 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Best Regards, Kyle Clayton Vice President ZF Development, LLC.•200 E Broward Blvd#1200•FORT LAUDERDALE, FL 33301 TEL 954.779.7950•FAX 954.779.7917•www.zomusa.com PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 15, 2015 ITEM: Preliminary plat and certification of a final plat for Delray Preserve, a Free Standing Multiple Family Development with a density up to 22 dwelling units per acre (21.94 dwelling units per acre) in the GC (General Commercial) Zoning District on the East Side of North Federal Highway, approximately 460 feet north of Allen Avenue. GENERAL DATA: ALUs M _ Applicant.................. Zom Florida Agent..................:.. �� _' .... Covelli Design Associates Inc. ACREST SOCCER COMPLEX Alva T3� x,Lcr PF"Flfia �� I Owner......................... PD Len Delray, LLC and CarrJ Y _ Location.......................... East Side of North Federal Highway, approximately 460 feet north of - M'W IE Maa Allen Avenue �r _ E LV AUfONaRA sra xxw aRgy 1 Property Size.................. 8.568 acres I; Future Land Use Map..... GC (General Commercial) -Y` '"a"'R 6T. Current Zoning.............,. GC General( ) Commercial Adjacent Zoning....North: GC East: P (Public-Town of Gulf Stream) South: RM (Multiple Family Residential) West: GC � YAY 1 _.._........ .— { THE Existing Land Use.......... Vacant - — ESTUARY 3 _ / r -- Proposed Land Use...,.... A Proposed Stand Alone Multiple WE A t H. - Family Project Known as Delray M,E,,+,„9,.(V-EA..)^ Preserve We A�E i - Water Service................. Existing on site Sewer Service................ Existing on site 9CNd W Y 7-7 MR 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 188-unit apartment development being platted as Delray Preserve Replat. The subject property is located on the east side of Federal Highway, approximately 460 feet north of Allen Avenue. The site is currently vacant and was formerly Delray Lost Drive-In Swap Shop and Second Chance Emporium. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The subject property was 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 Lost 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". At its meeting of May 2, 2006, the City Commission approved two conditional use requests for a stand-alone residential development to exceed 12 dwelling units per acre (17.8 dwelling units per acre proposed). This project was known as Village Parc. At its meeting of May 24, 2006, the Site Plan Review and Appearance Board approved the subsequent site plan application. This development was never constructed. At its meeting of July 1, 2014, the City Commission approved an LDR text amendment to increase the maximum allowable residential density for GC zoned properties within the Infill Workforce Housing Overlay District from 18 dwelling units per acre to 22 dwelling units per acre. At this meeting, the City Commission also approved a Comprehensive Plan amendment to increase the maximum allowable residential density to 22 dwelling units per acre. At its meeting of July 15, 2014, the City Commission approved a Final Boundary Plat for Delray Preserve. The purpose of the boundary plat was to combine the five parcels together into one parcel. It should be noted that the approved boundary plat was not associated with the approved site plan, and a replat of the property is necessary to accommodate the approved development. At its meeting of October 20, 2014, the Planning and Zoning Board recommended approval of the conditional use request to allow a free-standing multiple family development in the GC zoning district for Delray Preserve. At its meeting of December 2, 2014, the City Commission approved the conditional use to allow a free-standing multiple family development in the GC zoning district. At its meeting of May 17, 2015, the Site Plan Review and Appearance Board approved a site plan, landscape plan, building elevations, and recommended approval of an internal adjustment. .-.PLAT `©ESCRIPTION The subdivision is a replat of a portion of Tract A of the plat of Delray Preserve, as recorded in Plat Book 119, Pages 133 and 134 of the public records of Palm Beach County, Florida. The development proposal consists of the construction of a 188-unit multiple family development including seven 3-story apartment buildings, and one 4-story building. The P&Z Board Staff Report, Meeting of June 15, 2015: Delray Preserve Replat Page 2 applicant is providing 43 workforce housing units and the amenities will include a one story clubhouse, swimming pool with resident cabana and BBQ area, tot lot, passive park through the center of the community, and a dog park. A 30' wide access easement for the Florida Inland Navigation District (FIND) is provided at the north side of the property and the existing FIND easement located on the south side of the property will be released. A bus shelter will be installed in accordance with Palm Tran and ADA requirements and the proposal includes the installation of sidewalks and associated landscaping. Access to the property will be taken directly from Federal Highway via two access points; one being the main entrance/exit point and the other being an exit only located at the northwest corner of the site. Access to the buildings will be provided through an internal looped road that will be dedicated on the plat as a Tract. The internal access Tract measures 24' wide along the north, south and west sides of the property and 20' wide along the east side of the property. Dedication language will be provided for the access Tract to accommodate the City's water and sewer lines which are located within this access Tract. The dedicated access Tract and associated dedication language are listed as conditions of approval. The plat includes a 10' wide general utility easement located along the northern, southern and eastern perimeter of the site. In addition, a 10' wide general utility easement is located throughout the site to accommodate the various utility service providers. As previously mentioned, an ingress/egress easement (ORB 9441, PG 584) in favor of Florida Inland Navigational District located near the south side of the site will be released and a new 30' wide FIND easement will be dedicated on the north side of the site .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 and zoning designation of GC (General Commercial). The GC zoning district is consistent with the (GC) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 _(6) — 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 andlor 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: P&Z Board Staff Report, Meeting of June 15, 2015: Delray Preserve Replat Page 3 During the conditional use process, the City Commission made a positive finding of concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. 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 andlor 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(x) (Development Standards Matrix): Open space, building setbacks and building height, pursuant to GC zoning district regulations, were addressed with approval of the site plan for the project. A positive finding can be made once all site plan conditions of approval have been addressed. • LDR Section 5.1.3(A) (Plat Required): A positive finding can be made with respect to this LDR Section as a Replat has been submitted and is before the Board for consideration. • LDR Section 5.3.1(D) (Right-of-Way Dedication): Per LDR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, the required right- of-way width of Federal Highway (northbound lane) is 60 feet and 50 feet exists adjacent to the subject property. The 10-foot dedication will be dedicated through special instrument for this portion of Federal Highway. 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::% Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: P&Z Board Staff Report, Meeting of June 15, 2015- Delray Preserve Replat Page 4 Delray Citizens Coalition The Estuary - HOA ➢ Kokomo Key — HOA Y La Hacienda — HOA Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND' CON'CLU.SION 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. ALTERN4TI1/E-;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 Delray Preserve Replat, 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 Delray Preserve Replat, 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 andlor 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 P&Z Board Staff Report, Meeting of June 15, 2015: Delray Preserve Repiat Page 5 • Aerial Map • Plat • Survey • Site Plan P&Z Board Staff Report, Meeting of June 15, 2015: Delray Preserve Replat 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 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 (Off-site improvements subject to FDOT approval) 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 P&Z Board Staff Report, Meeting of June 15, 2015 Delray Preserve Replat 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 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X (Off-site improvements subject to FDOT approval) 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 June 15, 2015: Delray Preserve Replat Page 8 A`PPEN'DIX B 1~ECHNIC;AL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Planning and Zoning Department Comments: 1, Title commitment states the title to the fee simple estate is vested in MCA Delray Preserve Owner LLC but Plat states the owner is MCA Delray Preserve JV LLC. Verify the correct legal name and correct the name on the Plat or Title Commitment. 2. Plat is being executed by: MCA Delray Preserve JV LLC, By: ZOM Delray Preserve GP, LLC, and By ZF Development 11, LLC. Please provide written explanation as to the relationship of these entities and provide proof that these entities can act on behalf of the listed owner of record; MCA Delray Preserve Owner LLC as stated in the Title Commitment. 3. Please provide the O.R.B. and Page for the 10' RMI Dedication along Federal Highway under the Dedication Statement on Sheet 1 of 2 as well as on the graphical depiction on Sheet 2 of 2. 4. Provide the O.R.B. and Page for the 30' wide Florida Inland Navigational District Access Easement to be dedicated along the north side of the property. 5. Provide O.R.B. and Page for the 10' x 10' Exclusive Easement for AT&T Switch Cabinet located near the southeast corner of the plat. 6. Please provide ORB and Page of the instrument which abandoned the FIND Ingress/Egress Easement(ORB 9441, PG 584) located near the southern plat boundary. 7. Please show the internal access road as a Tract and provide associated dedication language under the Dedication Section. 8. Please provide appropriate street name on the plat as approved by City Staff/Emergency Services Personnel. Environmental Services Department Comments: 1. Please coordinate location of easements on plat, civil, landscape, and composite utility plans. Existing and proposed easement location and labeling needs to be consistent on all plans. 2. FDOT approval will need to be provided in order to dedicate Federal Highway via plat. 3. Writing verification needs to be provided indicating that they approve dedication language on plat, 4. Location of proposed 10' U.E. on Composite Utility Plans do not match location of proposed G.U.E. on plat, if same, please revise accordingly and use the same nomenclature on all plans. Please also clearly indicate location of G.U.E. on civil plans. 5. Confirm if an exclusive AT&T Easement is required for their switch cabinet. If required, provide recorded information for easement and indicate on all plans including plat. P&Z Board Staff Report, Meeting of June 15, 2015: Delray Preserve Replat Page 9 6. Confirm location of Transit Easement, some plans indicate a 10' x 30' Transit Easement, but not plat. Since proposed location is in right-of-way to be dedicated to FDOT, confirm with FDOT if proposed location/easement is acceptable and provide documentation indicating such. 7. Provide confirmation from Palm Tran that proposed location of bus shelter is acceptable. 8. Indicate recorded information (ORB/PG) for FDOT right-of-way dedication. 9. Confirm with Florida Inland Navigation District (FIND) if proposed 30' Access Easement will be dedicated via replat or separate instrument. If via replat, provide dedication language on plat; in addition, provide documentation from FIND indicating they approve language and dedication via plat. If via separate instrument, provide recorded information on plat. 10. Indicate recorded information (ORB/PG) for abandonment of the existing FIND Ingress/Egress Easement on plat. 11. Indicate private street will be dedicated as a tract per LDR Section 5.3.1 (A). Provide dedication language per City Minimum Construction Standards and Specifications; refer to page P-1. 12. Provide proposed street name for all streets per LDR Section 2.4.3 (H) (1) (E). 13. Since the private street is required to be dedicated as a tract, remove proposed Water and Sewer Easements over mains in street. Ensure exclusive Water and Sewer Easements are provided for portions outside boundaries of street tract. 14. Revise dedication language to match City of Delray Beach Standard dedication language, refer to page P-1, first paragraph; the section/townshiplrange information is required. 15. Remove last sentence of G.U.E. dedication language as the Water and Sewer Easements dedication language addresses maintenance of by City mains. 16. Add Fire Marshal to the City Approval signature block. 17. Add the Director of Environmental Services to the City Approval signature block. 18. Add Chairperson of Planning and Zoning to the City Approval signature block. 19. Tie Plat to a section corner. 20. Provide drainage easements for all proposed private drainage systems in accordance with LDR Section 5.3.4 on plat. Or add note to plat referencing the Restrictive Covenant for the private drainage system as discussed with Director of Environmental Service and include recorded information (ORB/PG). 21. Confirm with FPL how easements for their utilities will be dedicated and update plat accordingly. Confirm whether easement can be shared with other utilities or an exclusive FPL easement is required. If exclusive FPL Easement(s) are required and will be done via plat, provide dedication language and documentation from FPL approving dedication language. If via separate instrument, indicate recorded information on plat. P&Z Board Staff Report, Meet€ng of June 15, 2015: Delray Preserve Replat Page 10 22. 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 Pian 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. 23. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 24. The City will need an easement for the public utilities in the tract, this will have to be done via plat. 25. The Tract dedication language will be: Tract "X" is hereby dedicated to (Owner) as a private street to be owned and maintained by (Owner), its successors and assigns, subject to a public utility easement in favor of the City to be used for the purposes of access, maintenance, construction, and repair of the public utilities placed therein. 26. A separate hold harmless agt. (attached) is required. This will have to be placed on City Commission for final approval. Exhibits for Hold Harmless Agt. will include; Exhibit A: plat with the updated language; Exhibit B: the legal description of property; Exhibit C: site plan drawing showing pavers 27. PLEASE SUBMIT RESUBMITTAL THROUGH THE PLANNING AND ZONING DEPARTMENT. Provide a response letter with a detailed description of how each of these comments has been addressed. In addition, please ensure a complete set of plans is provided for the City of Delray Beach Engineering Division. Indicate which documents are for Engineering. P&Z Board Staff Report, Meeting of June 15, 2015: Delray Preserve Replat Page 11 APPENDIX - C CQAIF RENENS1: 'PLAN POLICIES Future Land Use Element 4b6ective 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 with the surrounding commercial and residential 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 area. Future Land Use Element Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the redevelopment plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway Corridor by encouraging new development. The new residential development will help to stimulate related commercial development along Federal Highway by creating demand for goods and services in the area. If a mixed use development had been proposed, both the residential and service oriented commercial uses would be complimentary to each other and the redevelopment area as a whole. While a mixed use development would have been ideal, the residential-only proposal helps to fulfill several of the items listed above. Further, the proposed redevelopment will further stabilize the corridor and eliminate one of the blighting elements that have stunted redevelopment efforts in the area. Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. P&Z Board Staff Report, Meeting of June 15. 2015: Delray Preserve Replat Page 12 The development proposal includes a shelter easement at the northern portion of the property along Federal Highway. Transportation Element Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of- way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of- Way Identification Map. Per L.DR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, the required right-of- way width of Federal Highway (northbound lane) is 60 feet and 50 feet exists adjacent to the subject property. The 10-foot dedication is noted on the site plan. 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 bicycle racks at the recreational facilities. Based on the above, the policy has been met with the proposed development. Open Space and Recreation Element Policy A-3.1 Tot lots and recreation areas serving children from toddlers 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. The development proposal includes an E-lounge and game room in the clubhouse for teens, a tot lot between buildings #3 and #5 for toddlers, and a swimming pool. Details of the tot lot equipment need to be provided and this was attached as a condition of approval to the site plan approval. Based on the above, a positive finding can be made. Housing Element Policy A-11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. 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. As noted previously, the Palm Beach County Traffic Engineering Division expressed concerns with vehicles leaving the property to make the turn onto southbound Federal Highway. In order to discourage this traffic maneuver, the applicant will add a directional median also known as a "peanut" in Federal Highway. Further, at the direction of staff, the applicant has eliminated one of the outbound lanes at the southern entrance and replaced it with a directional landscape island that further encourages the northbound only turning movement. Extending this landscape island to the Federal Highway gutter would further enhance this directional movement. A condition of approval was attached to the site plan approval that the applicant seeks to extend this landscape island into the Federal Highway right-of-way, Housing Element Ob'ective B-2: 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 P&Z Board Staff Report, Meeting of June 15, 2015: Delray Preserve Replat Page 13 housing needs identified in this Element. 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 development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be restricted to occupancy by adults only. However, the project does not provide the desired mix of household types since a four bedroom unit type is not provided. The development does provide the facilities for children of different ages including E-loungelgame room for the older kids and a play area for the toddlers. While the project does not meet this policy, the project does provide a balance of larger (family friendly) units near the downtown to counterbalance the number of one and two bedroom units approved in the core area. Based on the above, this Policy has been essentially satisfied. Policy B-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. The development provides nine varieties of floor plans that have the same color and style. The buildings provide some individual garages that would be available to residents. Further, the development offers essentially two types of building products. The first is a two and three story walk-up model. The other is a four story product that offers elevator access to the dwelling units on the upper floors. Thus, the development does offer a variety of options that might appeal to persons with different physical needs and tastes. However, given the "monoculture" with respect to the architectural composition and color scheme for a project of this size, the proposed development is only partially consistent with this Policy. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City 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-71.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The directional traffic elements employed at the southern driveway will discourage potential traffic conflicts that would occur from vehicles exiting the property and turning onto southbound Federal Highway. These traffic techniques would be further enhanced by extending the landscape median on the property to the curb along Federal Highway and a related condition of approval has been included as part of this report. The development proposal has provided landscape and open space to buffer the multiple family project from the Kokomo Key multiple family development to the south. The proposed development will eliminate vacant lands that have had a detrimental effect on the redevelopment efforts along North Federal Highway. The P&Z Board Staff Report, Meeting of June 15, 2015: Delray Preserve Replat Page 14 proposal will not have a degrading impact on the surrounding neighborhood and will be a stabilizing influence to the North Federal Highway corridor. 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EQ;- ; _ R 51 E / M II I' ,•. =`may 'I 6F� �_�J � �� I " W . LLI A hod LU g - a L �I Ir0 LU Wsn V W W vi � il,'I � ,' �� s �� '• �„ .,� � � f !� � o �. r R r b o Q p. b iU it V jai o -� x law ^i - sqzai.; " j _ loe I rr / �� - 1 _ rvN•oN�Y 41�L�: 3 r�m�u000 0 oon ��~ =o- - o �Co�•l!��WL MINUTES PLANNING AND ZONING BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE: June 15,2015 MEETING PLACE: City Commission Chambers MEMBERS PRESENT: Robin Bird,Mark Krall, Christopher Davey,Jay Jacobson,Joseph Pike MEMBERS ABSENT: Gerald Franciosa and Steve Mackey STAFF PRESENT: Mark McDonnell, Janice Rustin, Asst. City Attorney, Anthea Gianniotes, Treasure Coast Regional Planning Council and Diane Miller Board Secretary I. CALL TO ORDER The meeting was called to order at 6:00pm by Robin Bird, Chairman. Upon roll call it was determined that a quorum was present.The Chairman read the Quasi-Judicial Rules for the City of Delray Beach and Ms.Miller swore in all who wished to give testimony on any agenda item. MINUTES FOR DELRAY PRESERVE REPEAT—FINAL PLAT Mark McDonnell, Assistant Director of Planning and Zoning The item before the Board is that of approval of a preliminary plat and certification of a final plat for a 188-unit apartment development being platted as Delray Preserve Replat. The subject property is located on the east side of Federal Highway, approximately 460 feet north of Allen Avenue. The site is currently vacant and was formerly Delray Lost Drive-In Swap Shop and Second Chance Emporium. This plat is being processed pursuant to LDR Section 2.4.5Q),Major Subdivisions. At its meeting of July 15, 2014, the City Commission approved a Final Boundary Plat for Delray Preserve. The purpose of the boundary plat was to combine the five parcels together into one parcel. It should be noted that the approved boundary plat was not associated with the approved site plan, and a replat of the property is necessary to accommodate the approved development. At its meeting of October 20, 2014, the Planning and Zoning Board recommended approval of the conditional use request to allow a free-standing multiple family development in the GC zoning district for Delray Preserve. At its meeting of December 2, 2014, the City Commission approved the conditional use to allow a free-standing multiple family development in the GC zoning district. At its meeting of May 17, 2015, the Site Plan Review and Appearance Board approved a site plan,landscape plan,building elevations,and recommended approval of an internal adjustment. Applicant's Presentation Scott Backman Attorney at Law—Representing the Applicant I really don't have much more to add,we have been at this for some time now on this particular project. We have been working very closely with staff and the City Attorney's office on different items. Mr. McDonnell has mentioned that on Appendix B technical comments, there are a few agreements that we are working out with the City Attorney's office as well. We are in agreement with the staff report and everything in Appendix B. We will modify the plat as necessary prior to submission to City Commission. Minutes of the June 15,2015 Planning and Zoning Meeting Joseph Pike It seems like this matter was before us, not sure if it was the same plat,but I do remember that the Florida Inland Navigational District had some opposition or concerns. Have these been worked out? Scott Backman They actually have and Mr. McDonnell mentioned that also. Here is an email from FINDS confirming this as much. We have just closed on the construction property; the new easement and the release of the existing easement are being held in escrow,so the issue is entirely resolved. Christopher Davey 43 workforce housing are being provided. Are they going to be on site. Scott Backman They are going to be on site. Jay Jacobson No comments for me Public Comments Jim Smith, Chairman of SAFE I would like to add that the neighbors most affected by d isproject, which are immediately to the south and have been to prior meetings are very pleased with the project. Re-development along north Federal Highway is going to be a critical part of the City's master plan and it is one of the top priorities of the CRA. The CRA charrette identified the old Flea Market site as a key component to the North Federal Highway redevelopment effort. Because of the fill this has been very difficult site to develop, Delray Preserve has answered that challenge. Board Discussions Joseph Pike This has nothing to do with anything against the applicant or the request, but I have mentioned before that I feel at this stage of the game this site plan approval is the wrong time to have a final plat approval. I am not even sure you need a preliminary plat approval and to have us voting on the preliminary and final at the same time doesn't make a lot of sense to me. It just seems that you are setting somebody up, not for failure, but inevitable that the plat will be changed in the future when utilities go in and not given utility plans to look over. That is my reservation. Jay Jacobson Has this gone through SPRAB? Mark McDonnell Yes it has been approved by B. Joseph Pike For this vote tonight I am fully in support, my point is that the timing of our preliminary plat/final plat, these are tied to a site plan and I think that is incorrect. Maybe this is for staff to look at. Jay Jacobson This is a process 2 Minutes of the June 15,2015 Planning and Zoning Meeting Joseph Pike It has been a process for 20 years, it doesn't make it correct, it really needs to be tired to final engineering approval. Robin Bird Palm Beach County is different than Broward;we do a lot of plats well in advance of even anyone developing the property. We should be able to do these independent of the site plan. I don't disagree with your opinion either. Motion: It was moved by Jay Jacobson and seconded by Joseph Pike a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Delray Preserve Replat,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,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. Motion Carried 5-0 3 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: April 28, 2015 SUBJECT: AGENDA ITEM 7.B.-REGULAR COMMISSION MEETING OF JULY 14,2015 LIMITED ACCESS EASEMENT FOR 200 N.E.5TH COURT BACKGROUND The item before the City Commission is the consideration of a Limited Access Easement (LAE) for the property located at 200 NE 5th Court, Del-Ida Park Historic District. The purpose of the request is to reduce the required setback along NE 2nd Avenue to allow the creation of additional recreational improvements for the single-family residence. The requested LAE will switch the front of the property from NE 2nd Avenue to NE 5th Court with a front setback requirement of 25', and the side street from NE 5th Court to NE 2nd Avenue with a side street setback requirement of 15'. As a result, a non-conformity will be created as the existing structure is located 19.22'-23.22" from NE 5th Court, where 25' is the requirement with the LAE. As a result of the non-conformity, Staff is recommending that approval of a variance for the front setback be attached as a condition of approval. Additional information is provided in the attached Planning and Zoning Department Memorandum. RECOMMENDATION Approve the Limited Access Easement for the property at 200 NE 5th Court, to restrict vehicular access onto the property from NE 2nd Avenue, subject to approval of a variance by the Historic Preservation Board for the resulting front setback non-conformity prior to recordation. Planning & Zoning Department MEMORANDUM TO: City Commission FROM: Planning and Zoning Department DATE: July 14, 2015 RE: 200 NE 5t" Court, Del-Ida Park Historic District The subject property is located on the southeast corner of NE 5th Court and NE 2nd Avenue, within the Del-Ida Park Historic District. The property is zoned RL (Low Density Residential) and contains a one-story, single-family residence classified as non- contributing. The existing structure is located 19.22'-23.22" from NE 5th Court; vehicular access to the site and the main entry to the structure are both provided from NE 5th Court. The structure is presently situated approximately 45.24' from NE 2nd Avenue; this area has historically been utilized as the side yard and green space for the site, as the "backyard" is limited in size with minimal recreational potential. Pursuant to LDR Section 4.3.4(E)(3), Front and Frontage, "for corner lots, the side having the least street frontage shall be the front for setback purposes. Where a corner lot or through lot has frontage on an arterial or collector street, the front shall be the side with frontage on the arterial or collector." NE 2nd Avenue is classified as a collector, whereas NE 5th Court is classified as a local roadway. Pursuant to LDR Section 4.3.4 (E)(4), "not withstanding the previous description, if a limited access easement or limited access right- of-way runs the length of the frontage on a street, then the front of the lot shall be on a frontage without such access restrictions." Therefore, the Limited Access Easement would permit the front setback of 25' to be utilized on the side facing NE 5th Court, while the side facing NE 2nd Avenue would permit a 15' side-street setback to be utilized on the side facing NE 2nd Avenue. As a result of the Limited Access Easement, the "historic" front of the property would remain on NE 5th Court, while providing an opportunity for the property owner to improve the side yard with a swimming pool and/or expand the living space of the structure towards NE 2nd Avenue, where the current minimum setback of 25' restricts that potential. If granted, the shift in setbacks will create a setback non-conformity for the existing dwelling as it is situated 19.22' from the property line along NE 5th Court. It should be noted that there are no prohibitions in the LDRs regarding the establishment of a non-conformity as a result of a Limited Access Easement. However, it will be necessary to request a variance from the Historic Preservation Board (HPB) to address the non-conformity created by reducing the front setback requirement associated with the existing structure. The submittal of the variance and approval by the HPB is attached as a condition to the easement request, and would be required prior to recordation of the easement. Otherwise, the easement would not be granted. If the Limited Access Easement is granted, vehicular access to the site would be prohibited from NE 2nd Avenue, which is scheduled to be improved with decorative sidewalks, crosswalks, and bike lanes. Therefore, limited access to NE 2nd Avenue from the subject property would also improve safety for pedestrians and bicyclists in the area, as well as those entering or exiting the property in a vehicle. The NE 2nd Avenue corridor within Del-Ida Park spans from NE 4th Street to George Bush Boulevard and contains other properties with structures situated closer than 25' from the right-of-way. Two of those properties were recently developed or are currently under construction and have received Limited Access Easements, as access from the secondary streets was preferred. Properties with structures within 25' of the right of way (designated with a red star on the attached exhibit) are as follows: * 115 NE 6th Street: Single-family residence located 15' from property line along NE 2nd Avenue; Limited Access Easement recorded with North Del-Ida Estates Plat in 2005. * 135 Dixie Boulevard: Single-family residence (under construction) located 15' from property line along NE 2nd Avenue; Limited Access Easement approved by City Commission on March 3, 2015. * 524 NE 2nd Avenue: Single-family residence located approximately 12' from property line along NE 2nd Avenue; structure built in 1923. * 401 NE 2nd Avenue: Multi-family residence located approximately 17' from the property line along NE 2nd Avenue; structure built in 1936. * 111 NE 4th Street: Professional office located approximately 18' from property line along NE 2nd Avenue; property developed in 1980. In addition, the historic streetscape along NE 5th Court would be protected by eliminating the possibility of additional construction closer to the right-of-way if the 15' side street setback is maintained. The other structures along NE 5th Court are situated at least 25' or more from the right of way, with the exception of the two corner properties on the north side of NE 5th Court. However, given the improvements along NE 2nd Avenue and the more recent determinations to limit additional vehicular access along NE 2nd Avenue with new construction, the Limited Access Easement is appropriate. It should be noted that while the easement creates a nonconformity, if the applicant were to demolish the structure and build a new single-family residence, the easement would still be applicable and deemed appropriate. K' A a, r J �• '}� �I a!! P} •t A} IP. _f MOP IRV i r s11; t It 200 NE 5TH COURT r: - v NORTH SubjectProperty NE 5th Ter o+• FL❑ ❑ ❑ ❑ n ED ' NE 5th Ct El a) Q 0 C: CV W Z ffJ <<O NE 5th St 7-7T 200 NE 5TH COURT Subject Property NORTH ❑ Building Footprints � � PLANNING&ZONING LOCATION MAP DEPARTMENT Document Path: S:\Planning &Zoning\DBMS\GIS\Project Maps\200 NE 5th Court Building Footprint.mxd 200 NE 5TH COURT Limited Access Easement George Bush Blv[I Ge g B h 51.0 George et�sh Blvd _�"�, 7.P • Q :� vtY' � ^� l 1W w yam` F 8 ,a NE 74,St ' L' Ni-7111 St j '� •I�Q 1 i I r f, rU r `NE 51h 5L - `� - NE-H,SI— NE 6th St, � a ,E s J 1 NE 51N T6Y NE 5th 4 O+� j fc� ,a �.. y - � lm CII Ne stn rt ' I o �• – c r, L NE 511 51 NE 5t1 St+y..'1 A ` NE 1"51 ' 1 NE 4th 51' ''rJ'MLNE 40st N GL. Properties with Vehicular Subject Property * Properties with setback less Approximate 25'setback line.. Access onto NE 2nd Avenue than 25'from NE 2nd Avenue. MAY .. ?. Prc.ared b : RF'rURN: Noel M. Pfeffer, Esq. City Attorney's Office 200 N.W. tst Avcnue Delray Beach, Florida 33444 LIMITED ACCESS EASEMENT AGREEMENT This Limited Access Easement Agreement, made this `Tday of May, 2015, by and between 200 NE 5`}' Court LLC, (Managing Member/Owner, Timothy T. Devine) with a mailing address of 31-FFranklin Club Drive, Unit 6307, Delray Beach, Florida 334,g ("Property Owner") and the CITY OF DELRAY BEACH ("City') with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida: WHEREAS, Section 6.1.2(B)(7) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides that reserve strips controlling access to streets shall be prohibited except where their control is agreed to by the City under approved conditions. Such reserve strips, when agreed to by City, shall be required, as limited access easements, along all arterial and collector streets except for approved points of ingress and egress; and WHEREAS, vehicular access onto NE 2`1 Avenue from the property described in Exhibit "A" is impracticable in this case due to it being a thoroughfare and being the side lot; and WHEREAS, the property owner wishes to have a limited access easement agreement over the side of the lot adjacent to 200 NE 5'h Court, Delray Beach, FL pisil£ 1 .,Mrvy , et'ho ;l 2, R,t ' and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby covenant and agree as follows: L. That the recitals heretofore set forth are true and accurate and incorporated herein by reference. 2. That the Limited Access Easement is needed so that vehicle access to tine property described in Exhibit "A" shall be denied and prohibited as to NE 2`1 Avenue, 3. The Limited Access Easement covers the area described in Exhibit "B. Property Owner hereby grants and imposes over its property a Limited Access Easement prohibiting all ingress and egress over the area described on Exhibit "B" for vehicular access and travel. 4. Property Owner and City agree that this Limited Access Easement Agreement shall be recorded in the Public Records of Palm Beach County, Florida and shall run with the land. The Limited Access Easement granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the subject property. l 5. This agreement may not be changed, altered or modified except in writing signed by both parties. This agreement shall he binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties to this Limited Access Easement Deed set their hands and seals the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk , Mayor Approved as to Form: By: City Attorney 4T , : PROPERTY OWNER By: 1j 200 NE 5"' Court LLC/Managing Member (n• printed or typ } By: (name printed or typed) STATE OF P,a 4d� COUNTY OF Pg f.11 /TIC The foregoing instrument was acknowledged before me this 1$fl day of 20 1S , by -f, f ,,Lne- , as 0r-1,rr.^ (name officer or agent, title of offi er or agent), of a00 -& '4 Cr LGC (name of corporation acknowledging), a �, a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced Lb,-" 12G (type of identification) as identification. Signature of erson Taking Acknowledgment Eddie Lopez Nolan Pubt Name Typed, Printed or Stamped State of Florida WIMy Commission Expires 0611712018 Commission Na FF 13a660 2 rE CE „1 E Exhibit A F LT 1 , BLK 3, DEL IDA PARK, according to the Pint there p_. N�'N-°GONING recorded in Plat Book 9. Page 52, of the Public Records of Palm Beach County, Florida, Limited Access Easement Exhibit A for 200 NE 5`h Court, Delray Beach, FL 33444 CURVE Cl: RADIUS=25.00' DELTA=89'34'22" MAY 1) I ARC=39.08 PLANNING /(_)/NiNG Fo,No NAIL , N.E 5th COURT >> AND Dlsc —T� - , No ID � -�(50'RIGHT-OF-WAY) — _ AND DISC '.j s8 ASPHALT PAVEMENT . SET NAIL j. NO ID OVERHEAD la SITE B.M. -Io r m U11L1TY In SET NAIL ,. I� F.P. WIRES(TYP.)� I ELEV.=16.46 - G.A. i 5 GDNG WALK 80.89' I' 80.1 9 C W.M. 7W PJ8� W.M. ' FOUND 1/2" ...... . ........ . . _ II .. .............. ....... ............................ ...... IRON ROD ....... .... ......... ... ... I FOUND. zz i '� - IRON ROD.. CUNC r N FENCE 0.13'W) A. v. o/s 0.59'(S) DRIVE 41'S 'I '1iu K - 1.00'(W) i O.5'W D',7 COVERED ENTRY 4'WOODro SET /2- Y 1 RONIROD & LOT 1 12'12 o 77- FENCE,/ O q�S qq CAP g57a4 BLOCK 8 37.25' 10.53 O m 1.�C 84, Q . I. a.. .3' —3.4'E o 1 STORY C.B.S. 0 5. °� ) N RESIDENCE #200FENCF • I FINISH FLOOR ELEV. T8.86' - O \� I X3• LAUNDRY ROOM 45.24' 9,80' 49.38'/ V C.O. f0.38' SITE D.M: ,Fti 4'ALUMINUM C SFT NAIL _ •�M FENCE o CONC',. �FENCE(TYP.) 0 90 ELEV 36.41' I 9 � ls. 5ET 1/2" 6 U.5'S 1h cO. 38. IRON ROD 2.6'E >� CAP #5734 FENC\0 2 J0.7 SE PO 8� 105.00' P , 5.4'w FOUND 1/2" IRON RDD o/s 0.42'(S) C.32'(E) LOT 2 BLOCK B �2orU7�f oyv fir. Q1,10 AvE 7`t) pk6& Or f y SCALE: f"220' SKETCH NO.:05-3046 (DRAWN BY:Q.D.J. SME 2 OF 2 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 15, 2015 SUBJECT: AGENDA ITEM 7.C.-REGULAR COMMISSION MEETING OF JULY 14,2015 ACCEPTANCE OF RIGHT-OF-WAY DEED FOR N.E.8TH AVENUE BACKGROUND Consider acceptance of 25 feet Right of Way deed on the 1200 Block of NE 8th Ave. On June 8th, 2015 MJH Villa LLC. submitted building permits (15-157835, 15-157838, 15-157840, 15- 157841) to construct (2) duplex residences. On June 12th, 2015 staff requested a Right of Way Dedication along the roadway of NE 8th Ave. The applicant, MJH Villa LLC. provided an application for 25'of Right of Way Dedication. This Right of Way dedication includes 25' along the west side of the property abutting NE 8th Ave. approximately 200' north of Bond Way. Attached is the Right of Way Deed and sketch description that provides details of the limit of the Right of Way to be dedicated. Attachments include: 1) ROW Deed 2) Location Map DISCUSSION Consider acceptance of 25 feet Right of Way deed on the 1200 block of NE 8th Avenue. TIMING OF THE REQUEST Timing of this request is of high importance in order to process the building permit. RECOMMENDATION By motion, accept 25 feet Right of Way deed on the 1200 Block of NE 8th Ave. Prepared by: RETURN: Noel M. Pfeffer,Esq. City Attorney's Office 200 N.W. ist Avertue Deiray Beach, Florida 33144 PIN#12434609120000010 RIGHT-OF-WAY DEED THIS INDENTURE made this r£- day of o h�' , 20 1'5 , bet��reer� MJH VILLA LLC , with,a retailing address of 755 NT'W 17"' Avenue, Delray.Beach, FL 33445- 2522. 3445-2522 , as parte of the first part and CITY OF DELRAY BEACH, )kLORMA, a Florida municipal corporation with .a mailing address of 100 NIA?. lst Avenue, Delray Beach, Florida 33444, as pa€n, of the second part. MIITNESSETH : That said part), 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 part), of the second part, its successors and assigns, all right,title, interest, claire, and demand �rdhich the party of the first part has in and to the folloNvirrg-described land, site€ate, lying and being in the County of Palm Beach, State of Florida, to-wit; See Ekhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the parte of the second part, its successors and assigns, a right-of-way and easement in and to said lands for prablie 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 higinva), or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easeme;tt 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 nrormaces or liens encumbering this right-of-way, The party of the first part also agrees to erect no building or effect any other hind of constrrrctiojr or improvements upon the above.-described property. Part, of the first part does hereby fully warrant the title to said land and will defend the sane against the iawfttl claims of.all persons whomsoever claimed bar, through or ruder it,that it has good rig lit and [awful authority to grant'the above-described right-o-f-way and that the same is uneucumbered. Where the context of this Dight-OfU Oeed:allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE :SANTE, together with all and singular the appurtenances thereto belonging or7 ire anywise incident or-appet�tairting, and all the estate, .right, title, interest, and claim whatsoever•.of;the said pate of the first pant, in law or;in equity to the vxr -proper rise, benefit, and behalf of-the .said patty of the second part, its successors .and assigns, ,IN WITNESS WHEREOF, said parr of the first part*leas hereunto sett'heir hand and seal the date first above ittett. A Signed, sealed and delivered ' PAKTY OF T"HE f fRS7'r,P4p"T. in the presence.of: (Iattie�ittttd ar. =ped (Dame printed or t�rped r —� W �Addres's) (Ndthe pr`1 t4d"{7C typed) STAT E OF COUNTY O)~ fel a x; T1te foregoing 'instrument -vvas tiacknowledged before, me this a of —, by .�, � '�' 1 who .is rsonall to the b?"has produced as identification. ib Lure of Notary Public- ,-WIP11 � 1t ®t k EAG State of Floriaa My GdMMISStQhr#EE1.68M.EXp#rZES Fsbrusry:Ct$.. 18 f4DP�3�-FIlg3 �at+++��a�dn 2 1 � Oft DESCRIPTIONLAKE AVE, S. GRAPHIC SOLE � 40 0 20 44 x 1 a f SITEm 5" .PUBLIC UTILITIES_ ( IN E' ET } z z EASEMENT _ I inch = 44 €L, 80616 WAY 5' U.F- N 89'56'30` E O.R.B. 7208, PG. 675, P.S.C,R, - 25.00 A.K.A. PARCEL "6A" LOCATION NOT TO O S MAPSCALE NORTH LINE ROPOSEO 25' WEST LINE Q R.O.W, DEDICATION PROPOSED 25' R.O.W, 2 DEDICATION ow � \ EAST LINE Li } a ROPOSED 25' R.O.W. DEDICATION (R�s.tA1t+€IER) TRACT 5 p > 0 HARRY SEEMILi ER SURVEY i• '< O r Pitrz nrscn) SUBJECT PROPERTY 00 fe w Z) © in ¢( (n W w z � 1 'O -0- .(REMAINDER) TRACT 5 HARRY SEEMLIER SURVEY CIA iro]CVA[) WEST 25.00 S. LINE TRACT FIVE ' KIEIdFIQNT f EXISTING CENTERLINE F N.E, STH AVE, PLAT BOOK 20 POINT OF BEGINNING PAGE 65, P.B.C.R. UATE REVISIONS // SCALE: 1" = 40' UL A. D ,¢ VIS INC.. . DRA41+7d BY: P.A.D. DATE: 4-13-15 LB /0007219 Land Surveyors Land Development•Cansultants a Planners Jab NO: BOND 4710 N.E. 17TH AVE.. POMPANO BEACH. FLA., 3464-5537 F.B,/Pru. N/A LJL Phone, (954) 263-3102 FILE Subdivislons 8k Condominlurns Land at Site Plonnina Lot Sump.tJ dgVe SwvM RAurW Survcr.1Q9roPW- Surkris.Record Rats.CondornirL=Picts.Gvnsiruotkn Lvyut SHEET NO. 2 OF 2 DESCRIPTION LDESCR.1PTICK. That .portion of Tract Five of Correction May shooting subdiuislon of property of Barry Seemiller, situated in lots 36, t, 2, and 3 in -Section 9, Township 48 South, Range ,Q East, as .recorded in Flat Back 9, Page 72 :of the public records of Palm Beach County, Fioridq, lying east of but not -adjacent to State Highway No. 5 (US .Highway #1) and ly€ng West a€ the centerline of N. E. 8th A-venue i€ extended northward (K.E. 8th Avenue being as :shown on the plat of KENMONT, recorded in Plat `Book 20, Mage .65 of the :public records of Palm Beach County, Florida) more particulori;y described as follow!e: Beginning at the intersection of the centerline of sold N. E. 8th Avenue and the South line of said Tract Five; thence West along the .South line of said Tract Five a distance of 25.00 feet; thence Nar.th along the :West line of the proposed .25` right—of—way a distance of 174-39 feet; thence '89'56'30" E. along .the forth line of the proposed 25` right—.of—way a distance of 25.00 feet; thence South alorktg the East line .of the proposed 25.00` right—of—way a distance of 174.45 feet to .the point of Boinni€fg. Containing 4260 square feet, more -or less. CERTIFICATE. I HERE CERTIFY THAT THE ATTACHEQ SKETCH ff DESCRIPTION OF TH CRI8 PROPERTY 1S TRUE AND CORRECT To THE BEST OF K 7&ED�E7 KE A$-SURVEYED UNDER RAY BIRECTION, SURVEYOR'S MITES, 1, ALL BF.td iCS.CR AMES SHM WRE011 ARE OASED'W THE RECORD PLAT UNLESS OTHERVASE M)TEO. (ASSF31,SE0) M-'A. 4AMS 33 2. THIS SURVEY 15-NOT MJ10 VATHOUT THE SURW-YOxs simAlvac 'A11Q EU805SED SEAL (SATE I RE SIOWS SCALE .11 — 40' PA A. ,¢ P"�_IEp TNC. tDR.F IM -BY, P.A_E3. Le �€anor�L>a DAIS; 4-13-15 Land. Surveyors - Land Deveiiopment,Consultants. Planners JOB No,, BOND +€7t0 N,E. i7TH AYE., :POMPAND .MACK, FLA.. 5050,-5837 na.,Ipa N/A Phone, (954) 263-3M FILE Sty divisions ad L_ :p d 8c Site .F'Ionraing LO, &x-p.Tiaeya0=.S—#y,-'Mr-a b.Surv�.T 6.5 anecoe°Nis-•CW&MWUM -tononew Lufa�t SH�E:I N0, l [1F 2 iMw - CL a CL R !� d v. Afea � .�A f IF ujk k Z o ' f Z..�w�. U _ . i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: July 6, 2015 SUBJECT: AGENDA ITEM 7.D.-REGULAR COMMISSION MEETING OF JULY 14,2015 CHANGE ORDER NO.1 /JOHNSON-DAVIS,INC./DOVER LOWSON CULVERT REHABILITATION BACKGROUND Request City Commission to consider approval of Change Order No. 1, in the amount of $14,757 and a 60 day contract extension, to Johnson-Davis, Inc. (JD) for additional work resulting from the discoveries encountered during the required dewatering, cleaning, and inspection of the existing culvert prior to procurement of the materials for the Dover/Lowson Culvert Replacement Project#14-100. On February 24, 2015, JD was awarded Sealed Bid #2015-23 in the amount of $167,510 for the construction of the Dover/Lowson Culvert Replacement. Change Order No. 1 as detailed below includes the following: 1) Construct sand/cement headwall with cap on north side of culvert 2) Remove and dispose of existing headwall and cap on north side 3) Jack out dent in existing 96" CMP to accept new liner pipe 4) Grind down existing angle iron inside both culverts to accept new liner 5) Furnish and install two internal bands to eliminate bell ends on 54"pipe The total cost for the additional work is $14,757 of which $10,000 shall be paid from the Contract Line Item #16 Undefined Underground Allowance and $4,757 from account number 448-5461-538.69- 30. A location map is attached. The recommendation for Change Order No. 1 is in compliance with Code of Ordinances, Chapter 36, Section 36.06(A)(1)(3), "Change Orders, Beyond the Scope of Work and Extension of Completion Dates". Attachments Include: 1) Contractor Change Order No. 1 Proposal 2) Location Map 3) City Change Order to Original Contract FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Request City Commission to consider approval of Change Order No. 1, in the amount of$14,757 and a 60 day contract extension, to John-Davis, Inc. for additional work due to unforeseen site conditions for the Dover/Lowson Culvert Replacement Project#14-100. TIMING OF THE REQUEST Timing of Change Order No. 1 is of high importance because the contractor cannot proceed with the project until this item is approved. FUNDING SOURCE Funding is available from the contingency line item of the contract ($10,000) and $4,757.00 from account#448-5461-538.69-30. RECOMMENDATION By motion, approve Change Order No. 1 in the amount of$14,757 and a 60 day contract extension, to Johnson-Davis, Inc. for additional work due to unforeseen site conditions for the Dover/Lowson Culvert Replacement Project#14-100. i D JOHNSON-DAVIS INC. FIf✓uc_ 604 HILLBRATH DRIVE LANTANA,FL 33462-1694 PHONE:561-588-1170 FAX.561-585-5252 CU-CO43087 June 03, 2015 Rafael C. Ballestero City of Delray Beach Environmental Services Department Re: Dover-Lowson Culvert Replacement#14-100 (additional work items) Mr. Ballestero, As discussed in our meeting held on Monday morning,the following is a short breakdown of the additional costs associated with the unforeseen conditions discovered after the canal water was pumped down and the culverts were cleaned out. Construct sand/cement headwall with cap on north side at contract cost LS $12,000.00 Remove and dispose of existing headwall and cap on north side LS $ 765.00 Jack out dent in existing 96" CMP to accept new liner pipe LS $ 920.00 Grind down existing angle iron inside both culverts to accept new liner LS $ 552.00 Furnish and install two internal bands to eliminate bell ends on 54" liner LS $ 520.00 Total $14,757.00 Sincerely, Douglas Ipolito C %EWAg Main office:604 Hillbrath Drive-Lantana,FL 33462•Phone:561-588-1171•Fax:561-585-5252 Ft.Pierce Office:863 S.Kings Hwy-Ft.Pierce,FL 34945•Phone:772-468-9200•Fax:772-468-9202 '"F JOHNSON-DA VIS INC. 604ITILLBR4TAD fVE LANTANA,FL 33462-1694 PRONE:561-588-1170 FAX 561-585-5252 CLT-0043087 June 11, 2015 City of Delray Beach 434 South Swinton Ave. Delray Beach, Fl. 33444 Attn: Rafael C. Ballestero Subject: Contract Time Extension Dover/Lowson Culvert Mr. Ballestero, In light of the need to wait for the July 14th meeting before we can proceed with work at Dover/Lowson, we request a 60 day time extension. I Thank yoi�; A Doug s Ipolito Johnson-Davis, Inc. el _ pp��,�y Main office:504 Hillbrath Drive-Lantana,FL 33462 o Phone:561-588-1171• Fax:551-585-5252 Ft.Pierce Office:863 S.Kings Hwy-Ft.Pierce,FL34945•Phane:772-468-9200^ Fax:772-458-9202 0 3 - r • I I I N i PROPOSED CULVERT m iI0- IT a CN t0 1r N O O _ O _ 7 d D Q W Z O O • y � Q Q O O O O •� _cul _ � � a�1, LOWSON DOVER CULVERT DATE:01/26/2015 $ CITY of DELRAY BEACH REPLACEMENT MAP mm�oaat�reumeir�e d ENVIRONMENTAL SERVICES DEPARTMENT 201 REPLACEMENT $HEFT 1 OF 434 SOUTH SWKrON AVENUE,DBLRAY BEACH,FLORDA 33444 vi CITY OF D ELRAY BEACH I, C114JNGE ORDER TO GR1 GLoAL CO-NTRACT i ' Cp14NGE NO. 1 PROJECT NO. 2014-100 DATE: 07/06./15 i PROJECT TITLE: Dover-Lowson Culvert Replacement I TO CONTRACTOR: 3ohnson-Davis Inc. YOU ARE HEREBY REQUESTED TO MARE THE FOLLOWING CHANGES IN T'HE PLANS AND SPECLPICATION'S FOR TFES PROJECT AND TO PERFORM TIDE-WORK ACCORDINGLY; SUBJECT TO ALL CONTRACT STIJ'ULATIONS AND COVENANTS, JUSTIFICATION: Additional work required with the construction of the Dover-Lowson Culvert Replacement; as identified in the attached proposal dated 6/3/15 and described below, Note: 510,000 shall be paid from the Line Item r16 (Undefined Underground Aliowauce), 1) Construct sandicement headwall with cap on north side of culvert 1)Remove and dispose of existing headwall and cap on north side ) J ack out dent in existing 96" CMP to accept new liner pipe 4) Grind down existing angle iron inside both culverts to accept Dein Iiner Sj Furnish and install mo internal bands to eliminate bell ends on 54" pipe SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT 5167;510.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 5 00,000.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER S167;510.00 COST OF CONSTRUCTION CHANGES THIS ORDER 5 4,757.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $172.267.00 PERCENT INCREASE TINS CHANGE ORDER 2.9% TOTAL.PERCENT INCREASE TO DATE 2.8% TOTAL CONTRACT T WILL BE UgCREASED BY 60 DAYS CERTIFIED ITA 'NT: 1 hereby certify that the supporting cost data included is; in my considered opinion, accurate f' and that the prices quoted are fair and reasonable. 7 �Xl" Sibna re Date Scott J.Johnson.President Type or Print Name and Title (Corporate Seal) TO BE FILLED OUT 13Y DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: #448-5461-538.69-30. DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA RECOMMEND: B-v: Environmental Services Cary D. Glickstein,Mayor ATTEST: APPROVED: By: City Attornev City Clerk C-1Use7zldipoliroLAppD=a L.ocal%EtrasofrlWindows�7empora ,lntemet File5\ContenLOatlookl9CYXOD6MNC6ange Order No I revisedO70615.doc r MEMORANDUM r TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 11,2015 SUBJECT: AGENDA ITEM 7.E.-REGULAR COMMISSION MEETING OF JULY 14,2015 SERVICE AUTHORIZATION NO. 12-08/WANTMAN GROUP,INC./BLOCK 63 ALLEY BACKGROUND Request consideration for approval of Service Authorization(SA)No. 12-08 with Wantman Group, Inc. (Consultant)in the amount of$34,637.00 for professional design services related to the Block 63 Alley, Project Number(P/N) 15-001. Funding will be provided by the Community Redevelopment Agency. This service authorization includes engineering design, permitting, surveying, and bidding services for construction of the unimproved alley. This alley is bounded by S. Swinton Avenue and SE 1st Avenue on the east and west,as well as SW 2nd Street and SW 3rd Street on the north and south,respectively. The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(3). The City utilized engineering consultants retained via RFQ #2012-06 for our Capital Improvement Program as well as for other smaller projects that arise during the course of the fiscal year. The Consultant retained by the City via RFQ #2012-06 (City Project#12-057). The original agreement, with the Consultant, was executed on January 24, 2012. Amendment No. 2 was executed in January 2015 extending the agreement through January 2016. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on May 22,2015. 1) Service Authorization 2)Location Map DISCUSSION Consider approval of Service Authorization (SA)No. 12-08 with Wantman Group, Inc. (Consultant) in the amount of$34,637.00 for professional design services related to the Block 63 Alley, P/N 15-001. This Service Authorization includes design,permitting and bidding services. FUNDING SOURCE Funding is available from account# 334-3162-541.68-98 (Funded by CRA via ILA 2014/2015) RECOMMENDATION By motion, approve Service Authorization (SA) No. 12-08 with Wantman Group, Inc. (Consultant) in the amount of$34,637.00 for professional design services related to the Block 63 Alley,P/N 15-001. Inn�sn us�.i,naw--aoaln-ae u.muanrns ironi�aani.. -- AE _ T M � a ae i�1 •1® sre s sy sig dVW NOI1V007 L r W cca W G ��s 000sooHo = - ne Noudiaos3o aivooN E97i001e J NOISInaa aR �VISVOOMd1Nl' r 13 , i . � .!� U I "�' •Ix�� J...; I ..:: �p i C LU • � ��ssw !'6.' lM13.in l:_.S-x;'°` �' a+e'��ic.'se+�g-.�V�a,.A,. ��" 3AV. OINIMS'SLu ' Lu W W _ 3 .� - .. WLu co - a >�Y .3 .. W I Lua F . - W �.a - S631H1S _. '' I FIs FOi. `ate-,i�•.�-�'�.�,r Ly �,�� , L ' = f� r CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 15-001 FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. s 15-001 CONSULTANT PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the "Agreement for General Consulting Services" contract executed January 24, 2012 . Title: Agreement for General Consulting Engineering Services I . PROJECT DESCRIPTIONS A. PROJECT DESCRIPTION - CITY PROJECT NO. 15-001 AW This project includes Engineering Design, Surveying, and Bidding Services which includes the following components : Paving, grading and drainage improvements for the unpaved alley located in Block 63 between SW 10t Avenue on the west and Swinton Avenue on the east, and SW .- nd Street on the north and SW 3ra Street to the south. II . SCOPE OF SERVICES FOR BLOCK 63 Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary Design Phase Not Applicable . Phase III - Final Design Phase WGI shall provide final design services in accordance with, Article III (Duties of Consultant) Section C, Phase III- (Final Design Phase) , Items 1-7 of the Agreement for Engineering Services with the City, dated January 24, 2012 . Construction Plans and Specifications - WGI shall prepare construction plans, technical specifications, cost estimates and surveys services conforming to the City of Delray Beach' s design details and specifications . Phase IV - Bidding/Negotiation Phase WGI shall provide final bidding phase services in accordance with Article III of the Agreement For General Consulting Services (Duties of Consultant) Section C, Phase IV, (Bidding and Negotiation Phase) , Items 1-5 of the Agreement for Engineering Services with the City, dated January 24, 2012 . A. WGI shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor) . It is anticipated that work shall be awarded under a single construction contract. WGI shall provide two (2) sets of "hard" copies of the bidding documents and fifteen (15) electronic copies (CD' s) to the City to issue bid packages . The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. B. WGI shall attend one mandatory pre-bid conference and provide a written summary of issues discussed. C. WGI shall issue addenda and shall provide supplemental information or clarification as appropriate to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 'A I* D. WGI shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. WGI shall submit to City a written recommendation concerning contract award and six (6) "hard copies" of the contract for execution, one (1) electronic copy (CD) of all digital files of the bid documents including bid tabulation sheets . E. WGI shall furnish all bid information to the City in electronic format to be used in conjunction with the bidding service, "Demand Star". Phase V - Construction Administration Not Applicable Other - Permitting Provide Permitting services as needed. Other - Surveying WGI shall provide final surveying phase services in accordance with the, "Agreement for Land Surveying Consulting Services" dated January 24, 2012 . Other - Street Lighting Not Applicable 4 e Other - Subsurface Utility Engineering (SUE) Location Services Perform subsurface utility designating services as needed. Other - Geotechnical Services: ` Perform Soil Investigation services as nee e- . III . COMPENSATION The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not- to-exceed cost for each phase. Engineering Services - (City Project 15-001) Phase I - Study and Report Phase (Not Applicable) --- Phase II - Preliminary Design Phase (Not Applicable) --- IN6, Phase III - Final Design Phase $15, 960 .00 Phase IV - Bidding/Negotiating Phase $3, 256 .00 Phase V - Construction Admin. Phase (Not Applicable) --- Other Services - Permitting $ 1, 884 . 00 Other Services - Surveying $ 8, 500 . 00 Other Services - Subsurface Utility Engineering (SUE) $ 3, 500 . 00 Other Services - Geotechnica $ 1, 150 . 00 Other Services! Street Lighting (Not Applicable) --- Reimbursab�7es $ 488 . 00 Total Compensation - $34, 637 . 00 IV. COMPLETION DATE See attached Project Time Schedule. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: WGI "'Wantman Group, Inc'.'. Date Date by Cary D. Glickstein Mayor (Seal) Witness Witness Attes BEFORE ME, the foregoing instrument, this day of 2014, was acknowledged by Approve "as to Legal on behalf of the Corporation Sufficiency and Form and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State a foresaid this day of , 2014 . Notary Public State of Florida My Commission Expires W LL LL�O r O LL�O O LL�O O N O M of O O O m m of N W W LL� N W W O r LL� N O O O N W W M N I� W OD O LL�r m m LL� N N N M r M f0 M V M M N uj _ _ _ 1tl101 N M fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA f9 U3� U3 U3 U3 U3 U3 U3� � �� U3� � d r t o � Ieauap ti V LL� W W W V O V O O O N V V N O of N V O (O O O O mm Q 3 o iaaui6u3 r o r m coo 0 o O N M N N`"' M N m LL�O V V (O N V .-N N N N O O O N , O pafoid m M N N V O fA fA fA fA fA fA fA fA fA- fA fA f9 t0 0� ya N .aaui6u3 O> lmo!ssa;OJd'IS a ° m � o � o 0 3 3d'3aaui6u3o N N N M N N N M m ;oafoid ioivag v U � «, o — a W W N � o iaaui6u3 � v w Iediouud `o 0 g N t0 3 N .N - - - � - - U3 U3 U3 U3 � J J _l N J J H 0 Z a a Q 0 0 0 o 0 o w o w o 0 �' 2 2 N o N m N U N N R W N R N o O o n E R Q `o O E No o o o 0 o a v xa o o o m o o O o o O Q O >y o I lj �O % m �' m U o a~p n J O m v u Q o co O O N O m -o rn N �U m N w o m m m m N o �y y m `w o m .� - m o � E t ul s�R D o '° �E ooEo �O o Q o LL 3 d o 3 o v N o o c o o°)m aI NS wOI!o w ci N 41 41 w 3 C Q U o L 0 oN p o o U s y N o y m N o y m N o y a y y o 0 ALL m ALL m to m �' ,`t3 m� v'-' > m o E t o o f t o o f a o m w m r m E m V) c n _ O U v o c .-W E A > 0 o c ._uJ c ._uJ c ._uJ m '� U `m t >o E t w o o Q W Z`o m m '� U m '� U m '� U C7 m o-o m m o(n m o � W C O N o"G N o" N o"� W A Q O QQ C LL d(� A cam -LL 0 A t y O m 0 U w A noQ w A noQ w A noQ D LL(n UQ ..D mm--o Q o 2 a� o m m Y E >,o Do U0 Do U0 aLL(n0C7 "� n!�'m 30 Q > y o o � � m a o `FT. N V LLD H a`ii 5Y M mm mm so co co co co m rnrn rnrn D.0 ma¢a NmLL V1 V1O Q;� Y QAa o w m m o Em ov mm ov Aa ov A Aa +w ww (daa d I HN 7NIH + ii , MiwHdHNdhhTFM N 0 E W N N LL m 0 o m >I m K i MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement Department THROUGH: Donald B. Cooper, City Manager DATE: June 19, 2015 SUBJECT: AGENDA ITEM 7.F.-REGULAR COMMISSION MEETING OF JULY 14,2015 AMENDMENT NO.3 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY BACKGROUND In 2012, the City was recognized by the National Civic League as one of 32 All-America City finalists for the Campaign For Grade-Level Reading (GLR). Communities were required to submit a Community Solution Action Plan (CSAP) that demonstrated how they would improve student outcomes on school readiness, school attendance, summer learning and reading proficiency. The data-rich plan contained baseline data (provided by the School District)with measurable outcomes trended to year 2020. On August 8, 2012, the City and the School Board of Palm Beach County entered into a formal Interlocal Agreement to share student information for children attending a Delray Beach school to track and measure outcomes for high school graduation rates, attendance, summer learning loss (based on the City's Journey's program and summer reading program), third grade reading scores and kindergarten readiness. This Agreement included an expiration date of July 30, 2014 with language that allows the agreement to be extended for up to three (3) additional one-year terms, if agreed to by both parties in writing. Over the past three (3) years, the City has expanded the Campaign to include a multitude of agencies serving children that we track and share results. This has required amendments to the original agreement. Amendment 1, dated March 6, 2013, allowed the City to share data with the Achievement Center for Children and Families to include their north campus, Village Academy and Pine Grove. Amendment 2, dated May 9, 2014, allowed the City to share data with Learning and Leadership in Families, Inc. (attendance consultant) and the Milagro Center of Delray Beach. The approval also extended the term of the Agreement to July 30, 2015. Approval of Amendment 3, the action now requested of the City Commission, would allow the City to share data with the Naoma Donnelly Haggin Boys and Girls Club and to exercise our right to extend the term of the Agreement for one year until July 30, 2016. DISCUSSION Consideration to approve Amendment 3 to the Interlocal Agreement between the City of Delray Beach and the School Board of Palm Beach County to share student information. OPERATING COST There are no costs associated with this Amendment. TIMING OF THE REQUEST This item is time-sensitive as the current agreement expires on July 30, 2015. RECOMMENDATION By Motion: Approve Amendment 3 to the Interlocal Agreement between the City of Delray Beach and the School Board of Palm Beach County to share student information. AMENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY CONCERNING STUDENT INFORMATION THIS AMENDMENT NO. 3 to the Interlocal Agreement between the city of Delray Beach and the School Board of Palm Beach County Concerning Student Information dated August 8, 2012, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida ("Board") and THE CITY OF DELRAY BEACH, a Florida municipal corporation ("City") is dated this day of , 2015. WHEREAS, the City and Board desire to amend the Interlocal Agreement between the City of Delray Beach and the School Board of Palm Beach County Concerning Student Information dated August 8, 2013, Amendment No. 1 dated March 6, 2013, and Amendment No. 2 dated May 9, 2014, ("Agreement") in order to provide that the Naoma Donnelly Haggin Boys and Girls Club shall have access to student information in order to further the parties' goals of increasing Yd grade reading proficiency by 50% by 2020 for low-income students attending schools located within the City's geographic boundaries;and WHEREAS, the original term of the Agreement expired on July 30, 2014 and allowed for three (3) additional one (1) year extensions if agreed to by both parties in writing; WHEREAS, on May 9, 2014, pursuant to Amendment No. 2, the parties agreed to exercise their first of three extensions of the Agreement,which will expire on July 30, 2015; and WHEREAS, the City and Board desire to exercise their second of three extensions of the Agreement, to extend the term of the Agreement for one year until July 30, 2016. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties hereto agree as follows: 1. Recitals. The above recitals are incorporated as if fully set forth herein. 2. Modifications. Paragraph III, "Disclosure," and Paragraph VI, "Term; Amendment and Termination," of the Agreement shall be amended to read as follows: III. DISCLOSURE The School Board may not release personally identifiable student information contained in student education records or reports without the written consent of the student's parent, or of the student himself or herself if he or she is qualified as eligible, to any individual, agency, or organization, except as allowed by law. The School Board may release education records without consent if all personally identifiable information has been removed. The parties acknowledge that the performance of this Agreement involves a process in which certain of the School Board's pre-existing student information may be disclosed to the City and the summer learning information enumerated in Paragraph V of Exhibit "A" of the Original Agreement may be disclosed to LLF,, ai-,d Milagro, and the Naoma Donnelly Haggin Boys and Girls Club ("NDHBGC") after such information has been de-identified and all personally identifiable information has been removed in order to allow the City/ACCF/LLF/Milagro/NDHBGC to carry out its goal of increasing 3rd grade reading proficiency by 50% by 2020 for low-income students. Such data may be disclosed using a record code for each student which shall not be based upon the student's social security number, student number, or other personal information. The parties further acknowledge their obligation to perform this Agreement in a manner that maintains compliance with the requirements of state and federal law, including, but not limited to School Board Policy 5.50, Fla. Stat. § 1002.22, the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and 34 CFR Part 99. VI. TERM:AMENDMENT AND TERMINATION: A. The term of this Agreement shall begin on August 1, 2012 and shall expire on July 30,244-712016. This Agreement may be extended for up to } one 1 additional one (1) year terms if agreed to by both parties in writing. B. This Agreement incorporates all prior negotiations, interpretations, and understandings between the parties and is the full and complete expression of their agreement. Any change, alteration, deletion, or addition to the terms set forth in this Agreement must be by written Amendment executed by the parties. C. Any party may terminate this Agreement without cause, by providing a minimum of thirty (30) days written notice to all other parties. 3. Entire Agreement. Except as modified by this Amendment No. 3, the original Interlocal Agreement between the City of Delray Beach and the School Board of Palm Beach County Concerning Student Information dated August 8, 2013, Amendment No. 1 dated March 6, 2013, and Amendment No. 2 dated May 9, 2014, shall remain in full force and effect. 4. Effective Date. This Amendment No. 3 shall become effective immediately upon execution by both parties. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the day and year first above written. ATTEST: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: By: Robert Avossa, Superintendent Chuck Shaw, Chairman Approved as to Form: By: School Board Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA, By: By: Chevelle Nubin, City Clerk Cary Glickstein, Mayor Approved as to Form: By: Noel Pfeffer, City Attorney fig IES RL0 l AGftEEMFE ?E'Iry:r 3 1 HE F S��"s:�i0C-1L tIr�A, 0 OF I��LsM )3c.�.0 4 +G O. L^��aT:',�TF�.y0RID,.� AigD�i'i1 f-i ` LJf' `:� 1tti 1)E, 3 i%fi-Q �i91at ILiit! T'HHS 1 'TE,F'LOCAL- A GREEPAEMIT is rrtacie this dv Of tie, SC.fic-M SOIRD €OF PALM SEAC1- C:O'UN f, 1 ':OMI tom, pursuant to the -COr;-titutior, of thf- ;sate of Ro ict-('13c a r anc' tN--- Cff`' ELRAY S:E4CFT n ;rTuricipp_I corpo;-aIr,iii ct �7 �s1 ,..y�31:4' each oim. ccn,--It`JImga plibk 'a-ve cv as t�eftrie-J in Peri I ,f a Statutes, Se-;-cion 1633.01, Fi ;13 -Vatutws, J,tnovjp as the 71o(ida inter' i litl AfI L i ?OG'r'.i E(3Ve rf7r':i-nis ti. rake the most el ici r,! u--,e of flhi t'NiC1weri b efia!Ying ti')-n to Cflf1peraie with Other tocalitis; on a basics of mutual advantage -1rd thereby o provide services and favi Mes that wi!i-bar.mc riizi:geotgrIphtu, ectir �r'sic w:uulation Znd Other bctom ieflue-ndng the needs and d cdopmen of local Cdrnr'1Lt'��iErG; 8"itt -WHEREAS, Fart I of Gh��ipte,~ 163, Fiprida- tatofes, pewits pcjblic agen®rie ass detirtu-d the=r�-i:t, fo ertej- i-Io inht lccal klreerilrrt:s with each other to jointly exercise any Tower, privilege, w authori-ty which such agencies; Oaf rrr; in caran Gnu--rlhich each might oxere iso se arately- and �HEIREAS, the''Achool Board of Palm f3eh Coon" f'Schoot Eoard''j brov�cies, public educatiot^i to over r 174,00 stridents ar.A "heves in protecting ai;d prcmoting the edutc-eiVon of school children:-and ti�-i'�ERFAS,"the ^, desires o i.""deass 3`'g-mciv rzad �Jng profic,ency by 505; by 20'20. f r Ec;,,-circ 7 studtrrtts a2teriding schools located vdthln the C y's geographic t-oursdades• and :WHEREAS, both partied ace c:-om�m ted }o promoting and impr wn, tihe heatt#i t?-Well- ^w!rk CE 5tt ;C tS, Re. fair:lFi�" 2rt i S afi thr uqh varl€?l1s �rC3�Fc�-'i15, Ir;c1l�C�irl i-I"Ut n'oi lT*--;-j2d tO thi.-;oniprehers!v.-- scrvices ard scl ool P'O-9F,-MS that achievo ir-quaffty of life; tl!-io schcol Eoard in ac=rdowiir.�'%,j'j-i Scjjorj;-C-oji-j pc,� its' 5,50 May argq' ,-agatr� stucerit to the city in of thtapart,es, g�,ajs ;-I N.O'N. THE R.I-zr(ir,�. ti3c-part's hereto dpi her a-ly muttially--ji-ee a-, f T I i-^j ter-'issh:-:!!i ifaie the rreanlr-gs dl�Scrjt cd b---ow oIion usc.j,ij WrMt Ctior,1,--Ath thi-is RFL t REC�T ALS, -the a gfb-c' tha- th(-. foregoing re--`b�s are aildP11 0 0 is Pr �cf s-�jvh rt'cit!!9 WI�,ncol'Jhr/, te('hercin by src-feren�. `P`ersoaally identrRLble studqnt informaton" inrcliAes, hitt is I,o lirrrred te, f-rv-, stodent's name-, thy:,, .tame of the tucent's 1 5. .parent or other farnily lnembLs� th4 addvss o, the student o,, stud, nik",s family; a pa-sonal"identjf=_r, sLid j -a,5 the student's -so'cial se6ur-,`ty hurrcbFf qr studera number, or blom�A�c r;eQ;jrcj- i irect fdentiflers, atich I i , nd as 01cS;ud r;C' dme of bath, place of birth, and 01C tr;other-,,q maiden MAM!a., Olhcr L.U., ilaiL alorae c in combination, is finke'd or ljInkabfe to a speuliic'-$Wdenff.t ,,a WOUN alliviv a r8asonsWc person in the school cotWntjnay, -ov,ho does not:have Ojeraonal. [-.-.rir,,vvJedge, vi the relevant circomstances, to idenbf,/ the Wiude-it Ovfili'l rt-,asonablc ceraity*. r.r irifor.-natio.n requ6sted by a Terson who the education aL,-er]cY CrJMIK.,ution reasonable ;'heves kj-6ws the idenlity ofjhd StUdent to who the record means pei-mitting 8CC89s to or the release, ltarsf�r, or oth8r cof MnunicatiOn of personalb,4identifiable informaiion WntaifiiiA in educatidn re&Ords to 01, q_Jy W �cronic me8tns to 2�nv party except any pa q, eaths incl !ding oral, vvritten,.oreh� the party identified as V-1 party t.112t providwd or creaied tre recu',rd- 'C. "'Eduat-,cre-c-orc:s', rilearis those !Et(loi�'S tha;' directly '-ejafj:' SfiAp- bY ar educational or.irl-tijuion 0; for Q;�C-OSU dsude;jt lil foinva';4"oil may o rerfezza able F fri siudew cdL'1^ati hon rOLC?I--'!S Or r6-poe,,9 v�j�hVLUt Vkjijter., C�irseml of *ho or-i_:f-,-.he stu,r+an-:' hjtmz;elf or Fic, it he or�she is qualific-d as ej*-gibiia, '-.0 a2erv,',-t, pr except as ahvvved bylaw.. TiSrh ,,Qj B Zra MR,/ V-91fiFre wd-,!-Olthc zjl cc)n5c!rt if a rnat"On :iParfta performan- Of thi- � . fhz!�. Co i In edv�s prpCCSSI- rn vkhick cerrair'f cl the Sd-roc,[ Scarff-s prF,-e,,<j,,j'TIg Ftudent rrgy txi djs�'Dsc-dl to ihe City, after:5tjch his been dR-ini�e-n-W',ed and' L41= palrF.6-rjaitr jdef7-rt at'te iformation.has been rernov�.J, in o:-de-r to L11ow t-le to card out As gozi of ncreasf;joG. 3""grade-reading prukieric-y by 500f43 by 202 -.'Cr income. SLjc,'I data may be disclosed Lisfog a mcutd cac`a �or'part: S-t udent t0ich shaff not be based upon the students scc`a! qei"urfty ht-irnber, mdia-nt m&'ber, Or other peoriad informV-ion, The parties,further acknoA.--fedge their obl(gation to PSL-rm= f"1? Agrcei-n�-Int in a r-n-iii1er Uh:Rt &�ar`ntains c Mp3j L 3 j- ;ta -le Pak-"(! o ame wfth ir"QVI;0g: but not !Irilited to Scho-ol Board Policy ;,50, St-t§ I CC12Z ard t'ne Fan-lily Educationa` Rigints, ard Fltriliacy �ct FERPA), 2,:) U S C IV. IMPL'EVIENTATION ach of the Oarties aareclz to., A -Promote a coardipated ef fc)q J;-etvveem the School Board and C,--ty and tj S(t-Ms 11;) achieve mb.)JIrtum-aca6ornhsucce56 t u- e f st.-d r ts: B Compfy wid, fe& ral WA-s, and School 90ard po";r'ies, erd C. Caopa;at;l' ire eva!ua'-,IiF-.g, rid rs#a ids w. and zneil�y-;-ink in-'CmIntor forth 31:1 Exhibit `_A'; V. -ArEGJ- -'dR- DI.t-w'G INFORMATION: f I Th Citt 82re¢..s +1 .�. i;/��^ya:;r_.cr: arca ;�rith st'4<fim.1d fac;er�.-� fiC1t k" or 3 A.,^�' J�j,M o �-nvd ill orm- a"on i'i i4. 1 I•� N t -- 1 - �- 3 +tvotild ,rr� t.��.�i�t.,i-r��s�� tijrs�:[{rr_em•�n-- f. W th Cit 'W furnish tk#, Svs1 � l r'..: i :rsj'C r';`1=itjCri 1-,0('r ur, to IGF[a Cit-; undvnf Yhls. .tc �r rt. inciudirg novit : forrraticrr, c eC;Lel� frr oL`;' a aiys,s tit s+? the P@rfi s agree: .. My shall Ogode the School BC-Civ Salt lc' at Odi�es :is the in SccCibn Vi`i E)hibitt A. TI(-.e &h.o6l Bna rd shad pro- de the City vvith ay g," o �r'll l`rir-raii n !)' applic:7N": students as sc±fo th in 1~>.hibit A in order to as siWt:he Gills ir, rr hGt irig tho 'fVantic High School Graduation t z es f=CAT � .aairrg Altfendanca, and Kindergarter, �eadim�ss; 2. School BEAM- shall not be held liablie for i=laccu(bciios thZt relay be contairsd in fila +:lata, ?. The Qi(j, shall ftvf-i sh to tate School Board, at least r rye 01 ti--ria ;ser Yb"9r, any studie,, or reports prF-rared by the C i:y utiliz ing information OMairn_-d by the Cft� under the s Agfeeme,ct: ;'.. TERMINATION- 'ht ret of this + gteem6-i-It shpi tz--gj iic o August 1, 201 ar rd.sham expire. r }trig sa ?�14 lhr=Ag.roement.ruay be extended' for up to three (3) a-di lanai One .r� Ee r tz-�- - r agreed tot l3 tr but}ties i i:a�iWig B. This. A meeimont imo-picrates a!l .poor -?dotiatidns, 'in&p -tations, and i,Indem.landings bet'-�lee°i the pames and is the fall ar-cl ccuiiolete expression of their 4mgrner r em- Ar change. altiaratmrl, deleten. or :ad&ion to the terry's set fortis In thi§ j�kgrtement must.be e lay written Ar ter-dment executA by fh p; rties- C. My pa j rem},% tel- mato NS Aer66men Wifh'Ut .6Ase, by providirg a of_hirly(30) d'°.,ys writton ndb;e tb Wl ether Parties 't ! Ivy,T .ass kVINZ p E. C)F, 41=Partie6 iii -to v6 execLA ed L'� i-3 Ages e3 alit a-s (f Al TC' G,= OF �L RAY 2 CH, L �A G iy G(arn tom. Ne, 1-9Q S. c0U�iea to �Grrr r � 8C, 0QL' BOARD OF Fl; LkL BEACH awl'& By: Pont Name, LAS &�w. � -- d Al � _..., t_ rr ;� rarbir r. + "nn By. super nndonr of Sctidols- .App0r d.2s taiJ-50i -,and p A ry f � r s �A 1 �� In. e•W. � 'F^ 'bf "XPU k-,alat cne tura per ';e� , as '-)c 'gat ube-crt'jes Rvai'able uard shall pro,.J �c to City FCAT r Wirg scnes f,-).r studePj:; 3 C va, 0. .SOL nm E80L). C. FRL{v�. ron-FRL' Ns. r'.Gn-ESE_", t�7.d- E.. Ethnicity, fo.r f,)ii%owing $efevi (1) Delray Lleach Elewiotafy""-chools 62nyIn Creek, 4 Pi,1-.nosa, F. W;age Academy SD Spadv and il, Alteridainw-a: At leas', one tune per Year, aflerthe close-6f each schoo, year, the i�hdol '66rd shailprovide to ffie Ciby bhe.;d9tafl9ted bzcw f-v,)r,,:zV-ir.er-ts gr, 4 K, 1, A 3,iv�hc n�iss bebvv'c8en �e- "ko sevefiteen (10-117) days of a 'for evi.1 C) 4 ar. 01 rid U10S �I A: MeWl atterzdance), B. Grade Levvf or 3' C ESOL(Vs.. non-ESOL), D, ESE (vs' .r-.ort-ESE), E aril_(vs. non.-FRL), F. Gerde-,-(TvIp.!eyS Ft-mall i!�), aid -I Spye.'j (7,1 rh E ' fray Svaolernenteiy Schools m the aggregatea ror tits�� 00, 9 -'oven indlvi�uaL-y Lq each of ther following s%-,.noc4s-. 1. Bany3n Creek, Z. Ot-chard Vevv, Gmve. 4. phlincs"?, 5 Villaga Academy. 8D&�dy ar-,d I k a m i f;1. rum�L,! Ieq dfnass: At -least -anu (1) 11—P f vear, dala rn, 4 jo K-d-3tartcn -e�diiess 3iia'11 m ptovid,-jd tq ts' Cite by thp Srh00i Hoard incitjdsng Ne A. (vs. F, G(>_iter(W--'ale vs- Fer.,iale), and R _'V'61u:ntary Pre-Kinderci4it6n (vs, rion VIPK h o 1. Eanya:n C-eek. 2, Orrhald Vuw' 4. Plornosa, Mi'a R i I ge Ac;dprny, el, $0 Spad} and IV. Atlan6c HittS�ficpl G�pdyzti gn Ra s: At one N ftm6 p.�r year as a4allaNal th". school Bert 5h311 providn' the city with gn�ju?'t'Fxl --atei;nfomnat"��q b,ised pn.tflefollloviing calregoeies- AE, District Gmdubtian Rates, U. Sfa Graduation Rates, and G. Atlantic Comrmmity fth Rpt6is, Tk: ES OL (vs, nun-ESOLJ, E-S.E. on-ESE), FRL N:. riots FRO, 5, Cender(Mlialo vs, Frwnale), and E: Vi Surnmer LearRing: -Al leaiO tvva(2f tjmes:pf yeaf in 'Wr�y ar'd8epteMb et,.the wchccl Boai'd shall provide thile City with data. fu, Eitudieru� from uach of the School F,oxc4i's Sum!. _ujT Erih.anmnerit Programs bcated within the City of Defray.Beuct' sn'h-idinig, but not Umiti,�d to.. Kipdergaft:�n Rzckp;�ck Promam, 2' b-radc, Summer R L'a ding P rc%grann, Etc_'basL�ud on Ehe f oll'o-wing cat-04-jories'for grades 2. t(nd 3: 3. ;OL%f nn SOLI, -EJE rcr C PEL. --.'vc, P E. ElMicity, Ard R Gryde Lew, AN the fdImmg seven :) f,'rpy R6 fh �hiots. ir, the aqg-epGp 'and U on (-,cw"n j-,I il.,!Vidua: bye&n�jf m!o|m-ling 2. 3, Pine A Fournosa, 6 Viliage kdemy 6 SD ioadn and 7- Mon'.Ram;,- i I AMENDMENT NO. 1 TO THE I:NNTERLOCAI,AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY CONCERNING STUDENT INFORMATION THIS AMENDMENT NO. I TO THE INTERLOCAL AGREEMENT dated. August S, 2012, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida ("Board") =4 THE CITY OF DELRAY BEACH, a Florida municipal corporation ("City") is dated this�day of March, 2013. This Amendment No. 1 shall become effective immediately upon execution by both parties. City and Board are desirous of amending the Interlocal Agreement concerning student information between the City of Delray Beach and. the School Board of Palm Beach County dated August 8, 2012 ("Original Agreement") in order to provide that the Achievement Centers for Children and Families ("ACCF"), who has partnered with the City to implement the Summer Learning Program, shall also have access to student information in order to further the parties' goals of increasing 3rd grade reading proficiency by 50% by 2020 for low-income students attending schools located within the City's geographic boundaries. NOW, THEREFORE; in consideration of the mutual covenants, promises, and representations contained herein,the parties hereto agree as follows: 1. Recitals. The above recitals are incorporated as if fully set forth herein. 2. Modifications. Paragraph III, "Disclosure", of the Interlocal Agreement shall be amended to read as follows: III. Disclosure The School Board may not release personally identifiable student information contained inn student education records or reports without the written consent of the student's parent, or of the student himself or herself if he or she is qualified: as eligible; to any individual, agency, or o7rgani2,ation, except as allowed by law. The School Board may release education records without consent if all personally identifiable information has been removed. The parties acknowledge that the performance of this Agreement involves aprocess in which certain of the School Board's pre-existing student information may be disclosed to the City and the summer learning information enumerated in Paraggph V of Exhibit "A" of the Original Agreement may be disclosed to ACCF, after such information has been de-identified and all personally identifiable information has been removed by the School Board. The parties agree that the disclosure of de-identified student information by the School Board to the City and the City's re- disclosure to ACCF is made solely to allow the City/ACCF to carry out the City's goal of r i increasing 3rd grade reading proficiency by 50%by 2020 for low-income students. Such data may be disclosed using a record code for each student which shall not be based upon the student's social security number, student number, or other personal information. The parties fiirther acknowledge their obligation to perform this Agreement in a manner that maintains compliance with the requirements of state and federal law, including, but not limited to School Board Policy 5.50, Fla_ Stat. § I00222; the Family Educational Rights and Privacy Act(FERPA),20 U.S.C. § 1232g,and 34 CFR Part 99. 3. Entire Ajereement. Except as modified by this Amendment No. 1, the original Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the day and year first above written. ATTEST: THE SCHOO B OF PALM BEACH COUNTY,F By. ,; By-.— E. y:E. Wae ent, uperintendent Chuck `aw, +Chairman Approved Form and Legal Suffici .j � 1 ! res 3 School Board Attorney ATTEST: CITY OF DEL EACH,FLOR A - By: City Clerk Thomas F. Carney,Jr.,Mayor Approved as to Form and Legal Sufficiency. City Attorney f7/ 7�f f 3 �C�� r 2 AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY CONCERNING STUDENT INFORMATION THIS AMENDMENT NO. 2 to the Interlocal Agreement Between the City of Delray Beach and the School Board of Palm Beach County Concerning Student Information dated August 8, 2012, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida ("Board") THE CITY OF DELRAY BEACH, a Florida municipal corporation ("City") is dated this day o£W 2014. City and Board are desirous of amending the Interlocal Agreement concerning student information between. the City of Delray Beach and the School Board of Palm Beach County dated August 8, 2.012 and Amendment No. I dated Match G, 2013 in order to provide that Learning and Leadership in Families, Inc. ("LLF") and the Milagro Center of Delray Beach ("Milagro"), shall also have access to student information in order to further the parties' goals of increasing 3rd grade reading proficiency by 50% by 2020 for low-income students attending schools located within the City's geographic boundaries. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein,the parties hereto agree as follows: 1. Recitals. The above recitals are incorporated as if fully set forth herein. 2. Modifications. Paragraph III, "Disclosure", and Paragraph VI, "Terra; Amendment and Termination", of the Interlocal Agreement dated August 8, 2012 shall be amended to read as follows: III. DISCLOSURE The School Board may not release personally identifiable student information contained in student education records or reports without the written consent of the student's parent, or of the student himself or herself if he or she is qualified as eligible, to any individual, agency, or organization, except as allowed by law. The School Board may release education records without consent if all personally identifiable information has been removed. The parties acknowledge that the performance of this Agreement involves a process in which certain of the School Board's pre-existing student information may be disclosed to the City and the summer learning information enumerated in Paragraph V of Exhibit "A" of the Original Agreement may be disclosed to LLF and Milano after such information has been de-identified and all personally identifiable information has been removed in order to allow the City/ACCFILLF/Mil'ay�ro to carry out its goal of increasing aid grade reading proficiency by 50% by 2020 for low- income students. Such data may be disclosed using a record code for each student which Regular Meeting May 6,2014; Item 81 Amendment No.2 to the Interlocal Agreement Between the City of Delray Beach and the School Board of Palm Beach County Concerning Student Information shall not be based upon the student's social security number, student number, or other personal information. The parties further acknowledge their obligation to perform this Agreement in a manner that maintains compliance with the requirements of states and federal law, including, but not limited to School Board Policy 5.50, Fla Stat. § 1002.22, the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and 34 CFR Part 99. VI. TERM: AMENDMENT AND TERMINATION: A.. The term of this Agreement shall begin on August 1, 2012 and shall expire on July 30, 2015. This Agreement may be extended for up to two Q 2 additional one (1) year terms if agreed to by both parties in writing. B_ This Agreement incorporates all prior negotiations, interpretations, and understandings between the parties and is the full and complete expression of their agreement. Any change, alteration, deletion, or addition to, the term's set forth in this Agreement must be by written Amendment executed by the parties. C. Any party may terminate this Agreement without cause, by providing a minimum of thirty (30) days written notice to all other parties. 3. Entire Agreement. Except as modified by this Amendment No. 2, the original Interlocal Agreement between the City of Delray Beach and the School Board of Palm Beach County Concerning Student Information, and Amendment No. 1 to the Interlocal Agreement shall remain in full force and effect. 4. Effective Date. This Amendment No. 2 shall become effective immediately upon execution by both parties. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the day and year first above written. ATTEST: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: By: E. Wayne Gent, Superintendent Chuck Shaw, Chairman Approved for Form-and Legal uffi e-ncy: '• chool Board Attorney / 2 Amendment No.2 to the Interlocal,Agreement Between the City of Delray Beach and the school Board of Palm Beach County Conceming Student Information AT ETT; CITY OF DE Y BEACH,FLORIDA .r • r ,— By= City Clek C Glickstein,Mayor Approved as to Form and Legal Sufi ciet.wr . 4 z I City AttomeY 3 Regular Meeting May 6,2014; Item 8.F i MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: July 8, 2015 SUBJECT: AGENDA ITEM 7.G.-REGULAR COMMISSION MEETING OF JULY 14,2015 PROCLAMATIONS i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: June 30, 2015 SUBJECT: AGENDA ITEM 7.H.-REGULAR COMMISSION MEETING OF JULY 14,2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission 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 June 26, 2015 A. Approved (6 to 1, Alice Finst dissenting), a request for a color change for PPG Paints, located on the west side of NE 6th Avenue, north of NE 6th Street (650 NE 6th Avenue). B. Approved with condition (7 to 0), a Class I site plan modification associated with the replacement of an existing awning covering a patio for Mellow Mushroom, located at the southeast corner of East Atlantic Avenue and SE 6th Avenue (25 SE 6th Avenue). C. Approved (7 to 0), a Class I site plan modification associated with the installation of a new awning for the existing patio for Bamboo Fire, located on the east side of NE 4th Avenue, north of NE 1st Street(149 NE 4th Avenue). D. Approved (4 to 3, Terra Spero, Andrew Youngross and Jose Aguila dissenting), a Class IV site plan modification for Delray Square, located at the northeast corner of West Atlantic Avenue and Military Trail (4823 West Atlantic Avenue). The accompanying landscape plan was approved on a 6 to 1 vote (James Chard dissenting) and the architectural elevation plan on a 7 to 0 vote. The development proposal involves demolishing the existing Publix building, relocating the Publix within a new retail shopping center and adding a drive-thru pharmacy; constructing two outbuildings along Atlantic Avenue for two restaurants, reconfiguring the parking lot areas and landscape upgrades. Concurrently, the Board approved on a 7 to 0 vote, a waiver LDR Section 4.6.16(B)(4), which requires any modification to an existing development which results in an increase of twenty-five percent (25%) in the gross floor area of the structures situated on site to be upgraded to current landscape standards. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of June 22, 2015 thru June 26, 2015. OPERATING COST N/A TIMING OF THE REQUEST There is no sensitivity to this matter. FUNDING SOURCE N/A RECOMMENDATION Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) By motion,receive and file this report. Attachment: Location Map CITY COMMISSION MEETING A&0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH JULY 14, 2015 PLANNING &ZONING DEPARTMENT L.._. z 1 � 1 O � 1 C U) N A V� > Z t� George Bush 1 Lae Ida Rd o 1 r.._.. 2nd bt 1 j �._.._ _..�.._.._.._..� E Atlantic ve 1 1 rDj 1 t antic Ave W nd StLU ; I.j Q 0 > U > a 1 a� °o Q c 1 s SW 10th St SE 10thv owson Blvd o 1 1 o_ 1 LO 1 1 inon Blvd v, Linton Blvd ............ 1 j erman0w > 1 m l jm 0 o m 1 m .._.._.._.._.._.._.._.._.._.._.._.._.._.._.._ .. .._.._.._.._ SPRAB: / A. PPG PAINTS C. BAMBOO FIRE B. MELLOW MUSHROOM D. DELRAY SQUARE Document Path: S:\Planning & Zoning\DBMS\GIS\City Commission Maps\City Commission Map 7-14-15.mxd i MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: July 8, 2015 SUBJECT: AGENDA ITEM 7.I.-REGULAR COMMISSION MEETING OF JULY 14,2015 AWARD OF BIDS AND CONTRACTS i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: June 12, 2015 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF JULY 14,2015 REQUEST FOR SIDEWALK RELIEF IN THE FORM OF A WAIVER/233 VENETIAN DRIVE BACKGROUND The item before the City Commission is the consideration of relief in the form of a sidewalk waiver for the construction of a sidewalk along Nassau Street for the property located at 233 Venetian Drive. At its meeting of May 14, 2015, the DSMG (Development Services Management Group) determined that a sidewalk in-lieu fee payment would be required along Nassau Street in association with improvements occuring on the site. The property owner, however, is requesting that the construction of the sidewalk be deferred, as opposed to payment of the in-lieu fee. Additional information is provided in the attached Planning and Zoning Department Memo, as well as the Historic Preservation Board (HPB) Staff Report for the improvements on the site. RECOMMENDATION Deny the applicant's request for a sidewalk deferral along Nassau Street associated with the additions and alterations at 233 Venetian Drive,Nassau Park Historic District. Approve the DSMG recommendation for sidewalk relief in the form of an in-lieu payment associated with additions and alterations at 233 Venetian Drive, Nassau Park Historic District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Nassau Street. Planning & Zoning Department MEMORANDUM TO: City Commission FROM: Planning and Zoning Department DATE: July 14, 2015 RE: 233 Venetian Drive, Nassau Park Historic District The subject property is located on the southeast corner of Venetian Drive and Nassau Street, within the Nassau Park Historic District. The 9,868 square foot (.23 acres) property is zoned RM (Medium Density Residential District) and contains a circa 1950 Ranch style single-family residence classified as contributing. During the recent building permit review associated with HPB approved additions and alterations to the existing structure, the DSMG (Development Services Management Group) determined that a sidewalk did not need to be constructed along Nassau Street (a sidewalk exists along Venetian Drive), but recommended to the City Commission that the property owner should pay the required in-lieu fee of $4223 ($8/square feet of frontage x 105.57' of frontage x 5' wide sidewalk). The owner wishes to eliminate the requirement for construction of a five foot (6) sidewalk along Nassau Street, and has stated that it is "a street where no sidewalk exists and in all likelihood, will never be constructed." Previous sidewalk reviews along Nassau Street resulted in easements and deferrals which were approved by the City Commission with support from the DSMG (Development Services Management Group). Waiver Analysis Presently there are no sidewalks along Nassau Street. Pursuant LDR Section 6.1.3(D)(3), "in situations where it is inappropriate to install a sidewalk concurrent with development, the sidewalk installation requirement may be met by the payment of funds sufficient to install the sidewalk. Such funds shall be escrowed and used, at a later date, for the installation of said sidewalk." 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. On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees instead of construction of a five foot (5) sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. The applicant has been informed of this determination, but maintains that consideration be given to the sidewalk deferral without payment of an in-lieu fee. Granting the requested sidewalk waiver will not necessarily create an unsafe situation or diminish the provision of public facilities. However, it will have an adverse affect on the neighboring area by creating a special privilege, as other applicants have not been granted waivers under similar circumstances, but were instead approved for sidewalk deferrals to be constructed at a future date within 5' sidewalk easements. All waiver requests are granted on a case-by-case basis as deemed appropriate for the circumstances of each proposed development. Thus, granting this waiver will serve to set a precedent for future waiver requests by other property owners or applicants. Under similar circumstances, it is reasonable to assume that such requests would not be supported. In turn, a positive finding with respect to LDR Section 2.4.7(B)(5) cannot be made. The City Commission is to consider either the approval of a request for a sidewalk waiver to defer the construction of a sidewalk along Nassau Street, as requested by the applicant, or consider the DSMG recommendation to defer the construction of a sidewalk along Nassau Street and require the owner to pay the required in-lieu fee. ANN D . HEFFERNAN May 1,2015 Development Services Management Group (DSMG) City of Delray Beach 100 NW 1st Avenue Delray Beach FL 33444 Re: 233 Venetian Avenue Sidewalk and Right-of-Way To Whom It May Concern: My husband and I purchased the above referenced property which is located in the "Nassau Historic District". We went through the entire approval process for a renovation / addition,which is actually less than 50%of the existing structures square footage. Our house is located on the corner of Venetian Avenue (which already has a sidewalk) and Nassau Street which does not have any sidewalks and appears like it never will. Our contractor submitted our plans for a building permit and I received an email from Ralph Lugo in the Environmental Services Department requesting a sidewalk be built along Nassau Street, per LDR Section 6.1.3, and options available (sidewalk in-lieu fee, sidewalk deferral or construction of sidewalk). I am requesting a waiver from the sidewalk requirement and the available below options and ask you to consider the following: - In -lieu fee: Nassau Street has no sidewalks and after going through months of approvals, you would think that this would have been somewhere on the applications and the Historic Preservation Board would have brought this to our attention. We are renovating an historic structure, which is very costly and it makes no sense that we should be required to pay an in-lieu fee of $5,240 to not construct a sidewalk on a street where no sidewalk exists. - Sidewalk deferral: We are requesting a "sidewalk deferral' and have the proposed construction of a sidewalk be deferred, on a street where no sidewalk exists and in all likelihood,will never be constructed. - Construction of sidewalk: We are requesting not to have to construct a sidewalk on a It street where no sidewalk exists,where we were actually maintaining the existing"Historical Sea-grape Hedge" and doing a minimal addition along this side of the existing house. This would be the only sidewalk in 2 blocks,and would detract from the character and look of this historic neighborhood. Very truly yours, Ann Heffernan 1012 BAY STREET • DELRAY BEACH, FLORIDA • 33483 PHONE: 561 265 7284 • FAX 561 265 7284 EMAIL ADDHEFF@GMAIL.COM CONSENT AGENDA ACKNOWLEDGEMENT Protect Type: Single-family residence, additions and alterations Project Name: 233 Venetian Drive, Heffernan 1. The in lieu sidewalk installation fee is scheduled to go before the City Commission for review and approval on July 14, 2015. 2. The City staff presented documentary evidence and testimony to the Development Services Management Group (DSMG) on May 14, 2015 pertaining to the relief from the sidewalk installation requirements. All of the evidence is a part of the record in this case. THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE APPLICANT PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: ❑ The Applicant agrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on The Applicant disagrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on klav l 4 0/1r" PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: ❑ The Applicant agrees with this item being approved on the consent agenda for the City Commission meeting and concurs with the City's position. The Applicant opposes the City's position and requests placement on the regular agenda as a quasi-judicial public hearing on J w ) q aois� SIGNATURE: DATE: 6Z.24l� &ssighpd RepTees,1n tiye (applicant/agent/owner) (Mo th/ ay/Year) 3�acc T• �'lt 'Na...+ N RTH I _ y rRFI mean 6:1 Ter f` T T Nassau St I Q JDr. Ap 233 VenetiI d I i ---gay St —_ i i i l ih I 4q , QFi 233 Venetian Dr. s Location Mappa Gi5 �CAoo,Gl-rq��.=,K�=�o -I_o CC -d SIDEWALK STATUS MAP cn c. r i p 4 ' sham Ave ° { I ` 233 Venetian Dr. Ocean Ter Lin .,_ � �� -amu ... t i •� '� I r � f _ i 1e dW ell. 4 L ' h, . 3 Bay St a� LEGEND PROPOSED SIDEWALK EXISTING SIDEWALK DEFERRED SIDEWALK IN-LIEU OF FEE HISTORIC if TI STAFFMEMORANDUM T i Authorized Agent: GE Architecture, Inc./Gary P. Eliopoulos Property Owner: James P. and Ann D. Heffernan Project Location: 233 Venetian Drive, Nassau Park Historic District HPB Meeting Date: January 21, 2015 File: 2015-040 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA), Variance, and Waiver request associated with additions, alterations, and site improvements to the property located at 233 Venetian Drive, Nassau Park Historic District, pursuant to Land Development Regulations (LDR) Section 2.2.6(D) and 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property is located on the southeast corner of Venetian Drive and Nassau Street, within the Nassau Park Historic District, The 9,868 square foot (.23 acres) property is zoned RM (Medium Density Residential District) and contains a circa 1950 Ranch style single-family residence. The structure was originally designed as a duplex by Sam Ogren, Sr, and is situated to the southeast corner of the property with a staggered elevation to give views of the front yard towards the corner of Venetian Drive and Nassau Street. The duplex was later converted to a single-family residence. No previous COAs are on record for the subject property. At its meeting of December 17, 2014, the Board considered a COA, waiver, and variance requests for the subject property. The request involved the approval of additions to the historic structure to accommodate additional living space, new covered porches, and a two-car garage. Site improvements included a patio around the proposed swimming pool, and a two-car driveway providing access from Venetian Drive. The applicant presented revised elevations to the Board during the meeting which were generally supported and intended to address those issues outlined in the Staff Report regarding the concerns over compatibility and appropriateness of the proposed additions and alterations. Following discussion of those concerns also expressed by the Board, the COA request was continued with direction. The variance request to reduce the required front setback along Venetian Drive from 25' to 17'-11 1/" was approved, as well as the waiver request to LDR Section 4.5.1(E)(8)(a), Height, to permit the garage roofline to encroach into the Building Height Plane area. Revised plans have been submitted to address the concerns discussed by the Board. The porch on the north elevation has been removed to retain the existing setback of 25.7'; corner windows were added to the north elevation; a front entry feature was added; the porch support posts have been revised to an aluminum "ladder" design; windows and doors within the west porch have been further revised; and the swimming pool location has been revised to comply with the required setbacks. The exterior finish will consist of a combination of smooth stucco, to match existing, and painted "Acadia White", with a white concrete tile roof (match existing), "Brilliant White" trim, louvers, soffits, and molding, and "Charcoal Slate" banding and garage doors. The subject COA is now before the Board for consideration. SITE PLAN & DEVELOPMENT STANDARDS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Zoning and Use Review Pursuant to LDR Section 4.3.4(x), Development Standards, single-family residential properties located within the RM zoning district shall be developed according to the requirements of the R-1-A zoning district, as noted in the chart below. ....... ...... .._ ............ ........................ Requirement Existing Proposed (Additions) _..... ......... Lot Coverage(Maximum) NIA 20.5% 37.9% ... ... ..... ........ ........ Open Space 25% 64.7% 41.6% -- Setbacks. Front (WestNenetian Dave) 25' 40' 17'-11 '/2"* . Side Street (North/Nassau Street} 15' 25.7' 25.7' . ........ ......... 11.8' 7'-6" Side Interior (South) 7'-6" ... .... ......... _ . Rear (East} 10' 10 10>-6„ .. ...... ........ ......... ......... Height 35' 15'-2" 16'-5" ........ ......... *Variance approved on 12.17.14 to decrease front setback,facing Venetian Drive STAFF COMMENT: As illustrated above, the proposed improvements meet the Development Standard requirements. Therefore, positive findings can be made with respect to the subject LDR requirement. It should be noted, however, that the revised proposal provides a decreased lot coverage (previously 39.3%) and an increased open sace (previously 39.4% from the initial submittal. Supplemental District Regulations Pursuant to LDR Section 4.6.9(C)(2), Parking Requirements for Residential Uses, two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking space may be located in a required front or street side setback. STAFF COMMENT: The proposed two-car garage is located within the front setback area, and a variance to accommodate the garage was approved during the previous review on December 17, 2014. Therefore, the parking spaces are compliant and positive findings to this requirement can be made. It is noted that the current parking conditions consist of two brick paver driveways: the driveway off of Venetian Drive is located along the south property line, and is approximately 40' deep, and the driveway off of Nassau Street is approximately 20' deep. In. consideration of the above, both driveways are non-conforming, as each provides the required parking within the front and side- street setback areas. Pursuant to LDR Section 4.6.15(6)(1), Swimming Pool, Whirlpools, & Spas: Yard Encroachment, swimming pools, the tops of which are no higher than grade level, may extend into the rear, interior or street side setback areas but no closer than ten feet (10) to any property line, except as provided in subsection (2) and (4) below. Swimming pools shall not extend into the front setback area noted in Section 4.3.4(K). STAFF COMMENT: The site plan indicates the location of a swimming pool situated along the 25' front setback line and 15' along the site street setback line, thereby complying with the aforenoted requirement. DESIGN ELEMENTS ANALYSIS LDR Section 4.5.1 (E) Development Standards: All new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior's Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. (E)(2)(b)(2-3), Major and Minor Development: The subject application is considered "Major Development", as it is "the construction, reconstruction, or alteration of twenty-five percent (25%) of the existing floor area of the building," and "the alteration of any part of the front fagade of an existing contributing residential structure." STAFF COMMENT: The proposed project classifies the subject request as "major development" and is reviewed as such below. 4.5.1(E)(3)(a)1., Buildings, Structures, Appurtenances and Parking; Appurtenances, Garages and Carports: a. Garages and carports are encouraged to be oriented so that they may be accessed from the side or rear and out of view from a public right of way. b. The orientation of garages and carports shall be consistent with the historic development pattern of structures of a similar architectural style within the district. c. The enclosure of carports is discouraged. When permitted, the enclosure of the carport should maintain the original details, associated with the carport, such as decorative posts, columns, roof planes, and other features. d. Garage doors shall be designed to be compatible with the architectural style of the principal structure and should include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged; however, if options are limited and metal is proposed, the doors must include additional architectural detailing appropriate to the building. STAFF COMMENT: The proposal includes the addition of a two-car garage which faces Venetian Drive, as opposed to the "side" of the property which faces Nassau Street. The proposed location would be consistent with other corner properties along Nassau Street, which provide vehicular access off of the side street. The proposed individual vehicle openings are preferred, as opposed to the possible single door for two-openin , (E)(4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors, (E)(5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Those applicable Standards are noted below: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard#2) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard#9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard#10) 4.5.1(E)(8) Visual Compatibility Standards. New construction within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section. Visual compatibility for major development shall be determined by utilizing criteria below: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility shall also be determined through application of the Building Height Plane (BHP). (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. Lots 65' or less in width are exempt from the additional setback requirements along the front fapade, and the proposed addition does not exceed 50% of the lot depth and therefore, the additional 5'setback along the side elevation is not required. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (I) Architectural Style: All major development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Contributing Structures. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. STAFF COMMENTIANALYSIS: As previously noted in the Staff Report of December 17, 2014, the subject contributing structure was designed to be integrated with the land and provide a view of the open spaces towards the corner of Venetian Drive and Nassau Street, as opposed to providing a back yard for the original duplex. The primary elevations were staggered to provide the view from each unit, and as indicated above, the original design of the building may be considered. The proposal strives to maintain the staggered footprint and open porches, yet separates the new porches with flat roofs, as opposed to integrating them into the hip roof, as originally exists. The remaining originals walls, as well as those which are added, have been reconfigured with new door and window openings. The proposed additions and alterations are in keeping with the scale and massing of the one-story structure, and will not negatively impact the streetscape. While some original features and openings will be removed, the proposed replacement types are not inappropriate and maintain the original character of the structure. Based on.the above, positive findings can be made with respect to LDR Section 4.5.1(E)(8). ALTERNATIVE ACTIONS A. Continue with direction: B. Move approval of the Certificate of Appropriateness (2015-040) for 233 Venetian Drive, Nassau Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness (2015-040) for 233 Venetian Drive, Nassau Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet the criteria set forth in the Land Development Regulations, the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above) RECOMMENDATION Approve the Certificate of Appropriateness (2015-040) for 233 Venetian Drive, Nassau Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Report Prepared by:Amy E. 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Cg $:f3 yy$ cc q e 4p�p= y4 :1a{ asy $¢ "$a .773 ggqpggg! i 5 a a s 4 4g �gE•$d'IP�@e j�.�. e 4 SF 8°TH g Fa Ad $65 j � @aa`5 a �a 8'�' F��•�3g°y �� q� 9�e$� �@� '` i 3� fi �'t t ��`�r E$�•�+�� aJ��4�9�[ �� ~ �� s has @g 0 9`ie �4 �d$ge3 � �$ � � �e E g� $ d � a-$ g a � $ @9 pa�,�•e @a �'j ;C�• g a� $5s 3 4 I.I e, $ a i' .,g•gr @ 4 sib: § N ��&$ tgo$€Pll �� 8 £ ° 9S e @�a g g= °@@ 43 9 B p aa s§ O $$g.$ ? p ga g'�ss F @ n ° 3 a S @' � £a fl, $ 3"@ �a 6 Eq k w �+ �4$ H e3P, A 2§a@§ ��cs @ P §N a1 4. �1 MEN N� "Ba s11 @ �a �I'i Jim ii M2 =F��i _� 'lig a� wo a a ® ® ® ®® ®0 0 0 0 I col®© o©oo 1-10 00 00 00®0191 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS FOR 233 VENETIAN DRIVE 1 . This request for relief from sidewalk construction requirements came before the City Commission on JULY 14, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for relief from the sidewalk construction requirements for 233 VENETIAN DRIVE. All of the evidence is a part of the record in this case. I. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. In situations where it is inappropriate to install a sidewalk concurrent with development, the applicant may obtain relief from sidewalk construction requirements. Should the relief from the sidewalk construction requirements of 6.1.3(C) for 233 VENETIAN DRIVE be granted? Yes No If relief is not granted, no further action is required by the City Commission and the applicant is hereby required to construct a sidewalk in conformity with the requirements of the L.D.R. 6.1.3(C). If the City Commission grants relief to the sidewalk construction requirements, relief may be granted by only one of the following forms.- a) orms:a) Sidewalk deferral Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of the sidewalk at a given time. Should a sidewalk deferral be granted? Yes No b) Waiver Pursuant to LDR 6.1.3(D)(1)(b), where it is clear that the installation of the sidewalk system will not serve its intended purpose, a waiver to the sidewalk requirements may be granted. Should a complete waiver to the sidewalk requirements be granted? Yes No Should a partial waiver to the sidewalk requirements be granted? Yes No c) Payment in lieu of installation Pursuant to LDR Section 6.1 .3(D)(3), in situations were it is inappropriate to install a sidewalk concurrent with development, the sidewalk requirements may be met by payment of funds in lieu of installation. A fee of $4,223 may be paid in lieu of installing 105.57 linear feet of sidewalk in the Nassau Street right of way adjacent to 233 VENETIAN DRIVE. The fee shall be due upon issuance of a building permit Should an in-lieu sidewalk installation fee of $4,223 for 233 VENETIAN DRIVE be charged to the applicant? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original 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 which supports the findings set forth in this Order. 2 5. Based on the entire record before it, the City Commission approves denies the request for relief from the sidewalk construction requirements for 233 VENETIAN DRIVE and hereby adopts this Order this day of 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: City Attorney Department Head: Timothy Stillings 3 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: June 10, 2015 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF JULY 14,2015 IN-LIEU OF PARKING FEE AGREEMENT/120 NX IST AVENUE BACKGROUND The City Commission is being asked to approve a request for the purchase of one, (1) in-lieu of parking space associated with a Class IV site plan submission to accommodate the construction of a 2,193 square foot office building at 120 NE 1 st Avenue. The proposed site plan modification includes the construction of a 2,193 square foot office building to be located at 120 NE 1st Avenue. The existing six (6) unit residential structure, set back from the east property line with a pea gravel parking lot adjacent to NE 1't Avenue, is a pre-existing non-conformity with respect to parking and is vested with six (6)parking spaces. Located in the Old School Square Historic Arts District (OSSHAD) Land Development Regulations, (LDR), Section 4.4.24(G)(4)(d) states: "Business and professional offices shall provide one (1) space per 300 sq.ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one, (1)parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure." The Planning & Zoning Department has determined the modification to be an addition to the existing structure, calculating parking at 1-space per 400 sq. ft. of net floor area, thereby requiring the provision of five (5) new spaces, (2,193/400=5.48, rounding to 5). The proposed site plan provides 10 of the 11 spaces required, (six (6) spaces vested for residential plus five, (5) spaces to accommodate the expansion of use). LDR Section 4.4.24(G)(5) cites: "If the required parking is not or cannot be provided on-site or off-site, or it is just inappropriate to provide it on site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district." Given site constraints the proposed site plan provides 10- spaces resulting in a one (1) space deficiency. Consequently, the applicant is requesting the purchase of the space in accordance with LDR Section 4.6.9(E)(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. The in-lieu spaces are not related to the residential portion of the project. However, relief is provided to the residential component of the project as the newly provided spaces will be available for guest parking during evenings and weekends while the offices are presumably closed. The space falls within the 30% maximum, and the subject property is within one, (1), block of the Old School Square garage, which can easily accommodate any overflow parking given the garage's current daytime utilization. The request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. The site is located in Area 2 of the program, for which the cost per space is $10,140 will be paid in accordance with Section 4.6.9(E)(3) requiring 50% payment upon signing and returning the agreement prior to issuance of a building permit and two 25%payments on the 2nd and Yd year anniversaries of the agreement. The Parking Management Advisory Board, Community Redevelopment Agency and Pineapple Grove Main Street Board, at their respective meetings, all recommended approval of the request and payment method as noted above. It is noted, while the aforementioned Boards all recommended unanimous approval of the request and payment agreement, the only minutes available at the time of this writing was a draft copy of the CRA. Please be advised, due to a scheduling issue the Downtown Development Authority will be presented this item at it's July 13, 2015 meeting, the result of which will be provided during the presentation to the City Commission. While varied from standard protocol, Staff is proceeding with the presentation to keep the applicant's site plan modification on track for its presentation to the Historic Preservation Board. Attachments include: Aerial View Payment Agreement Board Order CRA Draft Meeting Minutes FINANCIAL DEPARTMENT REVIEW Finance recommends that the Commission require the entire fee to be paid at the time the permit is issued; and, that the permit not be issued until Finance confirms payment. This is consistent with LDR Section 4.6.9(E)(3)(b):Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. DISCUSSION The City Commission is being asked to approve a request for the purchase of one, (1) in-lieu of parking space associated with a Class IV site plan submittal to accommodate the construction of a 2,193 square foot office building at 120 NE 1st Avenue. TIMING OF THE REQUEST The timing of the request is urgent as the applicant is unable to move forward for site plan approval until the in-lieu of parking request is finalized. RECOMMENDATION By motion, approve the request for the purchase of one, (1) in-lieu of parking space and associated payment agreement for 120 NE 1St Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the Land Development Regulations. 120 NE 1St Avenue - 4 R • � 4 �w it Subject Property OF . .f7 N E'I st Street � Garage Entrance OSS Garage aa+a EVELOPtij�� O� �4 GHQ �gYBEAG� If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting,that person will need a record of the proceedings,and that,for such purpose,the person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. REGULAR MEETING MINUTES Thursday, May 28, 6:00 p.m. Commission Chambers at City Hall Delray Beach, FL 33444 STAFF PRESENT: Jeff Costello Henry Hardin Candi Jefferson Joan Goodrich Lori Hayward David Tolces Elizabeth Burrows Susan Shaw OTHERS PRESENT: Jane Smith Melissa Carter Patty Jones Sharon Morgan Matthew Farmer Leanne Griffith Jackie Jones Alan Schlossberg Vic Kerson 1. Call to Order Mr. Stevens called the meeting to order at 6:15. 2. Roll Call Present: Herman Stevens, Annette Gray, Bill Branning, Cathy Balestriere, Paul Zacks, Joseph Bernadel, Reggie Cox 3. Approval of Agenda Mr. Branning made a motion to approve the Agenda which was seconded by Mr. Cox and passed unanimously. 4. Approval of Minutes A. Minutes of May 14 Board Meeting Mr. Branning made a motion to approve the Minutes of the May 14th Board Meeting. Mr. Cox seconded the motion which passed unanimously. B. Revised Minutes of March 12 Board Meeting (Consent Agenda items updated) Mr. Branning made a motion to approve the Minutes of the March 12th Board Meeting. Mr. Cox seconded the motion which passed unanimously. 5. A. Public Comments on Non-Agenda and Consent Agenda Items Mr. Alan Schlossberg, 200 MacFarlane Drive, stated he thinks it is a great idea to extend the Green Market through the summer. He suggested however that it is so hot the food will spoil and that it should be held indoors say at the Community Center, Arts Garage, or some similar air conditioned space. 1 May 28, 2015 B. Presentation — Delray Beach Center for the Arts Charrette Update Mr. Costello introduced the item and stated it would be presented to the City Commission on June 2nd. He then introduced Paul Weinberg of TBG Partners, Landscape Architects, who gave a presentation of the Conceptual Plan. He stated this is a great opportunity in the heart of Delray Beach and their plans are to create an "8 — 80 year old" central park space with flexible uses by reorganizing the existing space. The view into the park will be opened up, and the existing facilities will need to be renewed he stated. The desire is to make it a people's park where it will be used on a daily basis. He went on to say there would be an increase in green space as well as hard space areas for events and tent set-up, as well as an area for projection onto a stage etc. He explained in detail the concept plan and how it was segmented into "rooms" for different programming and activities. He also explained various elements of the plan such as plaza areas in front of the Cornell Museum, children's play area, relocation of the Christmas Tree to Old School Square Park, removal of the existing concession building and replacement with a new concession building adjacent to southwest corner of the parking garage including an elevator for garage access, and activating the ground floor space in the garage. -Ak .A N6 Joe Gillie, President of DBC4A, gave a programming update on plans to fuse art and technology. He said there will be many economic opportunities, with use of the hardscapes and movable stages. There will be the capacity for digital mapping, giving in essence a canvas for Delray Beach residents to paint their community. The Board Chair asked for Public Comments' Dr. Vic Kerson, Tierra Verde, questioned the need for another tourist attraction in Delray. He inquired as to who would be paying for this new park area, stating it is beautiful but unnecessary. He opposes developing something to draw more tourists. Mr. Cox asked about the cost of the project. Mr. Costello stated pricing would need to include design and construction for next year, with a construction start estimated at May 2016. The costs will be discussed in more detail during the CRA Budget Planning Workshop in July, including the maintenance of the facility. Mr. Cox asked about the overall planning process and the connection to Swinton and Atlantic Avenues. He foresees some possible spatial constraints. Mr. Weinberg stated the square would be a focal point, and he understands there may be a re-engineering of Swinton Avenue so that phase of development has not yet been considered. Mr. Bernadel felt it was a masterful plan and asked about a walkway link with the tennis center. Mr. Weinberg stated this can be a multi-phase project which provides connectivity. Mr. Branning noted this is a very exciting project for the Swinton/Atlantic area, which is the center of town. He said the two charrettes with public input resulted in what is being presented tonight, and it allows for current programming to continue as well as for new opportunities. He commented it creates a common theme with travel paths from one public area to another which can be extended west. Ms. Gray commented that while something does need to be done with the space, a more 2 May 28, 2015 global look is needed including vehicular traffic which could become an issue. She mentioned functionality, and noted that she is not comfortable with the speed with which this project is moving and that there needs to be a conversation with those handling connectivity and street improvements. She felt the presentation was ill-timed. Ms. Balestriere stated it is hard to understand negativity around tourism as it drives Delray's economic engine. She felt the Park plans are coming together in the right way and stated she was impressed with a great presentation. Mr. Zacks noted that this is a vision and portrays would can be done. He added it is community driven and the citizens made suggestions. He particularly likes the focus on the children's play area and water feature. He is enthused about it and is happy to see the community involved. Mr. Stevens echoed Ms. Gray's comments about a global effort particularly transitioning west towards the Tennis Center. Mr. Weinberg commented that TBG was tasked with looking at a specific area, and that he would be thrilled with an expanded study area. He noted he thinks the park area needs to be a hub not a pinpoint. Mr. Branning commented that this type of planned area gives Delray a center area making the east/west line disappear. 6. P&Z— A. 120 NE 1St Avenue— Class IV Site Plan Modification Planner Amy Alvarez presented the petition for the addition of a three-story office building on a site with six residential units. She cited some concerns with the addition regarding scale and massing and its compatibility with the existing historic structure. Mr. Branning asked about the existing parking spaces for residential not meeting code. Ms. Alvarez responded that the required parking is for the new use being added and with the existing use the parking spots are grandfathered in. Board consensus was in support of the plan as presented. B. 102 NE 1St Avenue— Class IV Site Plan Modification Ms. Alvarez presented the petition involving the conversion of use from retail to mixed-use (office/residential). Mr. Branning wanted to know if the roof line was being changed on the east elevation. Ms. Alvarez stated staff has requested that the shed roof be maintained as it is part of the existing structure. Board consensus concurred with P&Z staff. C. 600 SE 5th Avenue— Class V Site Plan Candi Jefferson, Senior Planner, presented the item which involves the demolition of the existing building and site improvements at 600 SE 5th Avenue and the construction of two commercial buildings totaling over 12,000 square feet. She reported a variance is being requested for open space of only 22% rather than 25% as required and staff is not supporting the variance. Loading is an issue yet to be resolved and staff thinks access should be off the alley for loading. Mr. Cox agrees with staff. The alley is not improved which is why the petitioner is not taking access. Mr. Branning agrees it would be a better design but it is not a large project so it could be costly to take access of the alley. Board consensus was in agreement with staff. 3 May 28, 2015 Prepared by: RETURN: Noel Pfeffer,Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach,Florida 33444 IN-LIEU OF PARKING FEE/REIMBURSEMENT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the day of , 2015, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida("City"), and SAN REALTY, owner of the property ("Owner"). WHEREAS, Owner is the owner of certain real property located at 120 NE 1sT Avenue, Delray Beach, Florida, 33444 and referred to herein as the"Property"; and WHEREAS, Owner has applied to the City for approval for the expansion of use by adding commercial office use to the Property; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing one (1) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations also provides that the in-lieu parking fee shall be Ten Thousand One Hundred and Forty 00/100 Dollars ($10,140.00)per parking space; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee and reimbursement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit"A". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing one (1) of the required parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Ten Thousand One Hundred and Forty 00/100 dollars ($10,140.00) (which represents ($10,140.00) per parking space. The total fee shall be paid as follows: (a) One payment in the amount of Five Thousand and Seventy 00/100 dollars ($5,070.00) by check delivered to the City upon execution of this Agreement by the Owner. (b) Two payments, each in the amount of Two Thousand Five Hundred and Thirty Five and 00/100 dollars ($2,535), due on the second and third anniversary of the date of this Agreement. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make the payment in the time allowed, the City shall provide written notice by certified mail, return receipt requested to Owner at 9350 Fox Trot Lane, Boca Raton, FL, 33496, or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 2 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. 11. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary D. Glickstein, Mayor Approved as to Form: By: City Attorney WITNESSES: OWNER: By: Print Name: Print Name: (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH 3 The foregoing instrument was acknowledged before me this day of , 2015 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 produced as identification. Signature of Notary Public - State of Florida 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR SAN REALTY, LLC 1. This in lieu parking fee request for the purchase of one (1) parking space in-lieu has come before the City Commission on July 14, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for San Realty, LLC for property located at 120 NE 1St Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to conversion of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of conversion of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of one (1) parking space in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? The in lieu parking fee is $10,140.00 per space totaling $10,140.00. Payment is due in accordance with and upon remittance of a signed and notarized In-Lieu of Parking Payment Reimbursement agreement prior to issuance of a building permit. Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 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 in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 14th day of July, 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: City Attorney Department Head: Randal Krejcarek 2 • MEMORANDUM r TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: July 8,2015 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF JULY 14,2015 RESOLUTION NO.36-15/BEST INTEREST RESOLUTION-CLASSIC AUTO COLLISION CORP. BACKGROUND The Fleet Division is requesting approval of a Best Interest Resolution, to increase expenditure limit with Classic Auto Collision Corp. in an amount not to exceed$30,000.00 for this fiscal year. To date this fiscal year,the City has paid Classic Auto Collision Corp. $15,824.49 for multiple collision repairs. Classic Auto Collision Corp. of Delray Beach was assigned a collision repair job to Police Car 1311 in September, 2014 with an initial repair appraisal of $7,035.69. This authorization resulted in cumulative expenditures with Classic Auto Collision Corp. in the amount of$22,860.18. During the repair process, which included the disassembly of the vehicle, a subsequent appraisal was submitted to cover the additional hidden damages discovered after repairs had been initiated. This included $5,164.97 in additional costs, bringing the repair total to $12,200.66, which results in a cumulative fiscal year to date expenditure of$28,025.15. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission consider approval of payment to Classic Auto Collision Corporation for repairs to Police Car 1311, in the amount of$12,200.66. TIMING OF THE REQUEST As these repairs were initially assigned to this vendor last year and have been completed since March, 2015,expeditious approval is requested. FUNDING SOURCE Funding is available from Police Department Account Code 501-3311-591-52.52. RECOMMENDATION Through a Motion, approve of Best Interest Resolution No. 36-15, and expenditure limit of$30,000.00 with Classic Auto Collision Corp. RESOLUTION NO. 36-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING ACQUISITIONS WITH CLASSIC AUTO COLLISION CORP. NOT TO EXCEED $30,000 FOR FISCAL YEAR 2015 FOR ACCIDENT/COLLISION REPAIRS TO CITY VEHICLES, DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE ACQUISITIONS FROM CLASSIC AUTO COLLISION CORP. OF DELRAY BEACH IS IN THE BEST INTEREST OF THE CITY, UNTIL SUCH TIME THAT AN RFQ IS ISSUED BY THE PURCHASING DEPARTMENT FOR SERVICES RELATED TO COLLISION REPAIRS TO CITY VEHICLES. WHEREAS, the Risk Management Division utilizes an independent insurance adjuster for automobile damages as a result of property and casualty insurance claims;and WHEREAS, the independent insurance adjuster determines the amount the City will pay for auto body repair damages; and WHEREAS, Classic Auto Collision Corp. of Delray Beach has agreed to complete repairs based at a cost not to exceed the cost estimate provided by the independent insurance adjuster; and WHEREAS, Classic Auto Collision Corp. of Delray Beach is a local business; and WHEREAS, Classic Auto Collision Corp. of Delray Beach , in accordance with Section 36.02(B) Method of Acquisition, Written Quotation Method of the City Code of Ordinances, has provided repair services for multiple vehicle collisions within the prices quoted by the City's independent insurance adjuster;and WHEREAS, prior fiscal year expenditures with Classic Auto Collision Corp. was $31,203.87 (approved by City Commission August 5, 2014);and WHEREAS, the cumulative multiple expenditures to date for Fiscal Year 2015 with Classic Auto Collision Corp. has reached $15,824.49;and WHEREAS, the City of Delray Beach Fleet Maintenance Department recognizes that multiple collision repair acquisitions have occurred over the course of the year, and will total over$25,000;and WHEREAS, exceeding this amount of spending requires prior Commission approval under Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding X25,000 in Any Fiscal Year'; and WHEREAS, the City's Purchasing Department is in the process of preparing a RFQ for Collision Repair related services; and WHEREAS, City of Delray Beach Fleet Maintenance Department received Police vehicle 1311 with heavy collision damage on August 28, 2014, and the preliminary repair appraisal received from Intercity Auto Appraisals, the independent insurance adjuster for automobile damages on September 5, 2014 quoted a repair cost of$7,035.69;and WHEREAS, City of Delray Beach Fleet Maintenance Department initially assigned the repair job for Police vehicle 1311, to Classic Auto Collision Corp. in September, 2014, and after dis-assembly much hidden damage was discovered; and WHEREAS, City of Delray Beach Fleet Maintenance Department received a supplemental repair appraisal from Intercity Auto Appraisals on December 15, 2014 awarding an additional $5,164.97 in repairs, for a total of$12,200.66; and WHEREAS, City of Delray Beach Fleet Maintenance Department seeks approval to make payment to Classic Auto Collision Corp. for repairs to Police vehicle 1311 in an amount of$12,200.66, and not to exceed $30,000 for Fiscal Year 2015, provided acquisitions are in accordance with Section 36.02(B) Method of Acquisition,Written Quotation Method of the City Code of Ordinances; and WHEREAS, Section 36.02(c)(11) — Best Interest Acquisitions, of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that waiving the Sealed Competitive or the Written Quotation Method is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-fifths affirmative vote, that the waiving the City's Sealed Competitive Method or Written Quotations Procurement Method is in the best interest of the City at this time; and further declares that acquisitions with Classic Auto Collision Corp. of Delray Beach, in accordance with City's Code of Ordinances Chapter 36, Section 36.03(B), "MultpleAcguisitions from Vendor Exceeding x`25,000 in Any Fiscal Year", in the amount not to exceed Thirty Thousand 00/100 dollars ($30,000) for Fiscal Year 2015,is in the best interest of the City. Section 3: This Resolution shall take effect July 7, 2015. 2 Res No. 36-15 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of 12015. MAYOR ATTEST: City Clerk 3 Res No. 36-15 CLASSIC AUTO COLLISION CORP 445 NE 6th Ave Delray Beach, Florida 33483 (569) 265-2529 (561) 265-2601 (fax) Invoice for Services Rendered Federal Tax Id #651159917 Date: 3-23-2015 13t1 Claim#55133 Customer Name: City Of Delray Beach Vehicle M 311 D Z 35 Year: 2013 Make: Ford Model: Taurus _ Vin#: 1 FAHP2M87DG146689 volicl f 0p'�h,o)(JU Summary of Repairs Paint Material $ 360.00 Labor/Sheet Metal $ 1297.80 Frame $ 126.00 LaborlReinish $604.80 Mechanical $790.50 Sublet Repairs $ 972.14 Parts $ 7924.42 Towing $ 126.00 Total Due: $ 12,200.66 /s, T MEMBER I.A.D.A. INTERCITY AUTO APPRAISAL SERVICE, INC. 8761 OLDHAM WAY WEST PALM BEACH, FL 33412 PHONE: 561-203-2975 FAX: 561-828-8192 EMAIL: INTERCITY@COMCAST.NET OR 42FASTBOAT@COMCAST.NET *** PRELIMINARY ESTIMATE*** 09/04/2014 01:17 PM Owner Owner: city of delray bch Control Information Claim#: 55133 Insured Policy#: UNIT 311 Loss Date/Time: Loss Type: Collision Deductible: None Ins. Company: DELRAY BCH Company Contact: ROBIN/KEVIN Insured: CITY OF DELRAY BCH Inspection Inspection Date: 09/03/2014 Inspection Type: Field Inspection Location: CLASSIC AUTO Contact: City State Zip: Delray Beach, FL 33444 FAX: Primary Impact: Front Secondary Impact: Appraiser Name: BOB E STANCIL Appraiser License#: Address:230 0 NORTH OCEAN DRIVE Work/Day: (561)371-7254 INTERCITY@COMCAST.NET Home/Evening: (561)371-7254 City State Zip: Singer Island, FL 33404 FAX: (561)828-8192 Email: 42 FASTBOAT@CO MCAST.N ET Repairer Repairer: CLASSIC AUTO BODY Contact: PHIL Address: 445 6 AVE Work/Day: (561)265-2529 City State Zip: DELRAY BCH, FL 33483 FAX: Target Complete Date/Time: Days To Repair: 9 Vehicle 2013 Ford Taurus Police Intercptr 4 DR Sedan 6cyl Gasoline 3.5 6-Speed Automatic Lic.Plate: 311 Lic State: Lic Expire: VIN: 1FAHP2M87DG148689 Prod Date: Mileage: 0 Veh Insp#: Mileage Type: Non Readable Condition: Excellent Code: P3133G Ext.Color: WHITE Int. Color: Ext. Refinish: Two-Stage Int. Refinish: 09/04/2014 01:22 PM Page 1 of 4 2013 Ford Taurus Police Intercptr 4 DR Sedan Claim#: 55133 09/04/2014 01:17 PM Options 1st Row LCD Monitor 2nd Row Head Airbags 4-Wheel Drive AM/FM CD Player Active Grille Shutter Air Conditioning Anti-Lock Brakes Auto Headlamp Control Automatic Dimming Mirror Bucket Seats Center Console Chrome Grille Cruise Control Dual Airbags Floor Mats Fog Lights Halogen Headlights Head Airbags Illuminated Visor Mirror Intermittent Wipers Lighted Entry System MP3 Player Mud/Splash Guards Overhead Console Power Brakes Power Door Locks Power Drivers Seat Power Mirrors Power Steering Power Windows Rear Window Defroster Rem Trunk-L/Gate Release Side Airbags Split Folding Rear Seat Stability Cntrl Suspensn Steel Wheels Strg Wheel Radio Control Tachometer Theft Deterrent System Tilt&Telescopic Steer Tinted Glass Tire Pressure Monitor Traction Control System Trip Computer Velour/Cloth Seats Wood Interior Trim Damages Line Op Guide MC Description MFR.Part No. Price ADJ% B% Hours R Front Bumper 1 E 6 Cover,Front Bumper EG1Z17D957DPTM $565.52 -10.00 2.0 SM 2 L 6 13 Cover,Front Bumper Refinish 3.6 RF 2.5 Surface 0.6 Two-stage setup 0.5 Two-stage 3 E 5 Reinf,Front Bumper DG1Z17757A $211.90 -10.00 0.4 SM 4 E 7 Absorber,Front Bumper DG1Z17C882A $107.18 -10.00 INC SM Front End Panel And Lamps 5 E 28 Grille Assembly DG1Z8200AA $164.18 -10.00 INC SM 6 119 Emblem,Grille Replace OEM INC -10.00 SM 7 E 41 Headlamp Assy,Halogen LT DG1Z13008D $632.08 -10.00 INC SM 8 E 42 Headlamp Assy,Halogen RT DG1Z13008B $632.08 -10.00 INC SM 9 N 973 Headlamps Aim Additional Labor 0.4 SM 10 E 29 Cover,Rad Supt Panel DG1Z8A284AA $62.50 -10.00 INC SM Radiator Support 11 E 76 Panel,Radiator Supt DG1Z16138A $228.28 -10.00 7.8 SM 12 E 81 Defl,Radiator Upr Air DG1Z8326D $37.48 -10.00 INC SM 13 E 71 Brkt,Rad Pnl Mounting LT AG1Z8A193A $8.85 -10.00 INC SM 14 E 72 Brkt,Rad Pnl Mounting RT AG1Z8A193A $8.85 -10.00 INC SM Coolina And Air Conditionina 15 E 755 01 Radiator DG1Z8005F $354.71 -10.00 INC SM 16 N 986 A/C Evac Rechrg &Rcvr Additional Labor 1.8 ME 17 E 731 Condenser,A/C DG1Z19712B $188.45 -10.00 INC ME Front Body And Windshield 18 E 83 Panel,Hood DG1Z16612A $754.13 -10.00 1.7 SM 19 L 83 Panel,Hood Refinish 4.9 RF 3.1 Surface 1.2 Edge 0.6 Two-stage 20 1 103 Fender,Front LT Repair 3.0* SM 09/04/2014 01:22 PM Page 2 of 4 2013 Ford Taurus Police Intercptr 4 DR Sedan Claim#: 55133 09/04/2014 01:17 PM 21 L 103 Fender,Front LT Refinish 2.4 RF 2.0 Surface 0.4 Two-stage 22 E 104 Fender,Front RT DG1Z16005B $319.05 -10.00 1.8 SM 23 L 104 Fender,Front RT Refinish 2.9 RF 2.0 Surface 0.5 Edge 0.4 Two-stage 24 RI 103 Front Fender R&I LT R&I Assembly 1.3 SM 25 NG 143 01 W/Shield,W/Antenna S NAGS DW1786-GB $351.70 3.1 SM 26 EC 146 Sealant Kit,W/Shield QUALITY REPL. PART $22.00 INC SM Upper Steerina Components 27 E 793 Airbag,Steering Wheel DG1Z78043B13AA $369.53 -10.00 0.3 ME Manual Entries 28 EC PUSHBAR ASSY QUALITY REPL. PART $313.00 3.5* SMS 29 E STROBE KAMPS OPEN Replace OEM $0.00* -10.00 SMS 30 1 R/R DECALS Repair 1.1* SMS 31 E POSSIBLE SRS COMPUTER OPEN Replace OEM $0.00* -10.00 SMS 32 1 RESET SRS Sublet Repair $150.00 SMS 32 Items MC Message 01 CALL DEALER FOR EXACT PART#/PRICE 13 INCLUDES 0.6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE Estimate Total& Entries Gross Parts $4,644.77 Other Parts $686.70 Paint Materials $345.00 Line Item Discount $464.48- Parts&Material Total $5,211.99 Labor Rate Replace Repair Hrs Total Hrs Hrs Sheet Metal (SM) $38.00 21.6 4.5 26.1 $991.80 Mech/Elec(ME) $75.00 0.3 1.8 2.1 $157.50 Frame(FR) $38.00 Refinish(RF) $38.00 13.8 13.8 $524.40 Paint Materials $25.00 Labor Total 42.0 Hours $1,673.70 Sublet Repairs $150.00 Gross Total $7,035.69 Less: Deductible None- Net Total $7,035.69 Alternate Parts Y/00/00/00/00/00 CUM 00/00/00/00/00 Zip Code: 33404 Geo 33405 Recycled Parts NOT REQUESTED Audatex Estimating 7.0.334 ES 09/04/2014 01:22 PM REL 7.0.334 DT 08/01/2014 Copyright(C)2013 Audatex North America, Inc. 09/04/2014 01:22 PM Page 3 of 4 2013 Ford Taurus Police Intercptr 4 DR Sedan Claim#: 55133 09/04/2014 01:17 PM 2.5 HRS WERE ADDED TO THIS ESTIMATE BASED ON AUDATEX'S TWO-STAGE REFINISH FORMULA. THIS IS NOT AN AUTHORIZATION TO REPAIR.AUTHORIZATION COMES FROM OWNER. NO SUPPLEMENTS WITHOUT PRIOR APPROVAL. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE.THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE. Op Codes = User-Entered Value E = Replace OEM NG= Replace NAGS EC= QUALITY REPL. PART OE= Replace PXN OE Srpls UE= Replace OE Surplus ET= Partial Replace Labor EP= QUAL. REPL. PRT. RPT EU= LIKE KIND&QUAL.PRT TE = Partial Replace Price PM= Replace PXN Reman/Reblt UM= Replace Reman/Rebuilt L = Refinish PC= Replace PXN Reconditioned UC= Replace Reconditioned TT = Two-Tone SB= Sublet Repair N = Additional Labor BR= Blend Refinish I = Repair IT = Partial Repair CG= Chipguard RI = R&I Assembly P = Check AA= Appearance Allowance RP= Related Prior Damage This report contains proprietary information of Audatex and may not be disclosed to any third party(other than the insured,claimant and others on a need to know basis in order to effectuate the claims process)without '' Audat x Audatex's prior written consent. Copyright(C)2013 Audatex North America, Inc. Audatex Estimating is a trademark of Audatex North America, Inc. 09/04/2014 01:22 PM Page 4 of 4 MEMBER I.A.D.A. INTERCITY AUTO APPRAISAL SERVICE, INC. 8761 OLDHAM WAY WEST PALM BEACH, FL 33412 PHONE: 561-203-2975 FAX: 561-828-8192 EMAIL: I NTE RCITY@COM CAST.NET OR 42FASTBOAT@COMCAST.NET PRELIMINARY SUPPLEMENT 1 08X04/20140117PK4 G1 12/13/201405:30PM Owner Owner: city ofdelmybch Control Information Claim#: 55133 Insured Policy#: UNIT 311 Loaanate/Time: Loss Type: Collision Deductible: Nona Ins. Company: DELRAY BCH Company Contact: ROBIN/KEVIN Insured: CITY OFDELRAYBCH Inspection Inspection Date: 08/03/2014 Inspection Type: Ha|d Inspection Location: CLASSIC AUTO Contact: City State Zip: Delray Beach, FL 33444 FAX: Primary Impact: Front Secondary Impact: Appraiser Name: BOB ESTANC|L Appraiser License#: Address: 246ELVVAPLACE Work/Day: (561)371-7254 |NTERC|TY@COK4CAS[NET Home/Evening: (561)371-7254 City State Zip: West Palm Beach, FL33405 FAX: (581)828-8192 Email: 42FASTBOAT@COK4CAS[NET Qr1gAppraiser Name: BOB ESTANC|L Appraiser License#: 3OOONORTH OCEAN DRIVE Address: Work/Day: (561)371-7254 22A ' |NTE RC|TY@COMCAST.NET Home/Evening: (561)371-7254 City State Zip: Singer Island, FL33404 FAX: (581)828-8192 Email: 42FASTBOAT@COK4CAS[NET FRepairer Repairer: CLASSIC AUTO BODY Contact: PHIL Address: 4456AVE Work/Day: (561)265-2528 City State Zip: UELRAYBCH, FL33483 FAX: Target Complete Dato/Timo: Days TnRepair: O FRemarks POSSIBLE HIDDEN DAMAGE ASEXPECTED THE AIR BAG SYSYTEK4NEEDED SEVER PARTS|NCCOMPUTERS ADDITIONAL DAMAGE TOCOOLING AND ENGINE COVBERFOUND ,o,mzo,^os.s^rw Page,ms 2013 Ford Taurus Police lnter�^DR Sedan �w�^01:17 PM u"�#. 00,00 12/13/2014 05:30 rw I Vehicle 2013 Ford Taurus Police|ntemptr4DRSedan 6cyl Gasoline 3.5 O`SpaadAutomaho Vc.P|ate: 311 UcState: UcEopiro: VI N: 1FAHP2M87DG148889 Prod Date: Mileage: O Voh|nep#: Mileage Type: Non Readable Condition: Excellent Code: P3133G Ext Color: WHITE Int. Color: Ext Refinish: Two-Stage Int. Refinish: Options 1st Row LCD Monitor 2nd Row Head Airbags 4-Wheel Drive AM/FM CDPlayer Active Grille Shutter Air Conditioning Anti-Lock Brakes Auto Headlamp Control Automatic Dimming Mirror Bucket Seats Center Console Chrome Grille Cruise Control Dual Airbags Floor Mats Fog Lights Halogen Headlights Head Airbags Illuminated Visor Mirror Intermittent Wipers Lighted Entry System MP3 Player K4ud/Sp|aohCuando Overhead Console Power Brakes Power Door Locks Power Drivers Seat Power Mirrors Power Steering Power Windows Rear Window Defroster Rem Trunk-UCakyRelease Side Airbags Split Folding Rear Seat Stability CntdSuopanon Steel Wheels StrgWheel Radio Control Tachometer Theft Deterrent System Tilt&Telescopic Steer Tinted Glass Tire Pressure Monitor Traction Control System Trip Computer Va|our/C|othSaaio Wood Interior Trim Damage � Line Op Guido MC Description 08FG.Part No. Price ^&DJ% B% Hours G Front Burnpe� 1 E 6 Cover,Front Bumper EC1Z17D857DPTK4 $565.52 S1 2.1 SM 2 L 6 13 Cover,Front Bumper Refinish 3.6 RF 2.5 Surface 0.6 Two-stage setup 0.5 Two-stage 3 E 5 Rain[FrontBumpar DC1Z17757A $211.80 S1 0.4 SM 4 E 7 Aboorbar.FmntBumpar DC1Z17C882A $107.18 S1 INC SM Front End Panel And Lamps 5 E 28 Grille Assembly DG1Z8200AA $184.18 S1 INC SM 8 119 Emb|em.Gh||e Replace OEM INC S1 SM 7 E 41 Headlamp Aooy.Ha|ogenLT DG1Z13008D $841.12° S1 INC SM 8 E 42 Headlamp Aooy.Ha|ogenRT DG1Z13008B $841.12° S1 INC SM Q N 973 Headlamps Aim Additional Labor 0.4 SM 10 E 29 Cover.RadSupt Panel DG1Z8A284AA $82.50 S1 INC SM Radiator Suppo 11 E 76 Panel,Radiator Supt DC1Z16138A $228.28 S1 7.8 SM 12 E 45 Deflector,Radiator LT DC1Z8311J $113.38° S1 INC SM 13 E 46 Deflector,Radiator RT DC1Z8310J $142.63 S1 INC SM 14 E 81 DaD.RadiekorUprAir DC1Z8326D $37.48 S1 INC SM ,o,mzo,^os.s^rw Page zms 2013 Ford Taurus Police lnter�^DR Sedan �w�^01:17 PM ��#. �`� 12n3/201405:30rw 15 E 71 Brkt.RadRnI Mounting LT AC1Z8A183A $8.85 S1 INC SM 16 E 72 Brk1RadPn| Mounting RT AC1Z8A183A $8.85 S1 INC SM 17 E 1866 Seal,Radiator RT DC1Z8310A $6.13° S1 INC SM Coolina And Air Conditionina 18 E 755 01 Radiator DC1Z8005F $448.66° S1 INC SM 18 E 760 01 Fan Aooy.EngCooling DC1Z8C607C $235.42° S1 INC K4E° 20 N 886 A/C Evac Raohrg& Rovr Additional Labor 1.8 ME 21 E 731 Condanoar.AJC DC1Z18712B $188.45 S1 INC ME Front Body And Windshield 22 E 83 Pana|.Hood DC1Z16612A $754.13 S1 1.7 SM 23 L 83 Pana|.Hood Refinish 4.8 RF 3.1 Surface 1.2 Edge 0.6 Two-stage 24 E 88 Latoh.HoodPana| AC1Z16700A $60.68 S1 INC SM 25 E 84 Hinga.HoodPanel LT AC1Z16787A $36.45 S1 0.2 SM 26 L 84 Hinga.HoodPanel LT Refinish S1 0.3 RF 0.3 Gudaoa 27 E 85 Hinga.HoodPanel RT AC1Z16786A $36.45 S1 0.2 SM 28 L 85 Hinga.HoodPanel RT Refinish S1 0.3 RF 0.3 Surface 28 | 103 Fender,Front[[ Repair 3.0° SM 30 L 103 Fender,Front[[ Refinish 2.4 RF 2.0 Surface 0.4 Two-stage 31 E 104 Fender,Front RT DC1Z16005B $318.05 S1 1.8 SM 32 L 104 Fender,Front RT Refinish 2.8 RF 2.0 Surface 0.5 Edge 0.4 Two-stage 33 R| 103 Front Fender R&| LT R&|Assembly 1.3 SM 34 NG 143 01 VV/Shia|d.W/AnkynnaS NACSDVV1786-CB $351.70 3.1 SM 35 EC 146 Saa|antKitVV/Shia|d QUAL|TYREPL PART $22.00° INC SM Engine And Components 36 E 1778 Covar.Va|vaLT BR3Z6582K4 $72.23 S1 1.3° ME 37 E 786 Air Cleaner Assembly AA5Z8A600B $107.10 S1 INC ME Upper Steering Components 38 E 831 Clock Spring CT4Z14A664A $148.52 S1 1.0 ME 38 E 783 Airbag.StaaringVVhaa| DC1Z78043B13AA $368.53 S1 INC ME Manual Entries 40 | K431 Set-Up For Realignment Repair S1 3.0° FR 41 EC PUSHBAR ASSY QUALITY REPLPART $313.00° 3.5° SK4° 42 E STROBE KAK4PSOPEN Replace OEM $O.00° S1 SK4° 43 | FDRDECALS Repair 1.1° SK4° 44 E POSSIBLE SRS COMPUTER OPEN Replace OEM $O.00° S1 SK4° 45 | RESET SRS Sublet Repair $150.00° SK4° 46 E BUMPER GRILLE' Replace OEM $61.85° S1 0.3° SK4° 47 E AIR HOSE Replace OEM $63.82° S1 O.3° K4E° 48 E RTIMPACT SENSOR Replace OEM $68.85° S1 O.3° K4E° 48 | SRS DIAGNOSE Repair S1 2.6° K4E° 50 E LT BELT TENS|ONER Replace OEM $122.33° S1 O.5° K4E° 51 E LT FRT SEAT BELT ASSY Replace OEM $260.10° S1 1.0° K4E° 52 E SRS D|ACUNIT Replace OEM $387.88° S1 O.5° K4E° 53 E COK4PONENTDC1ZB2OOAA Replace OEM $164.18° S1 SK4° 54 SB STROBES ARE US SUBLET Sublet Repair $722.14° S1 SK4° 55 E SRS SENSOR UNIT Replace OEM $380.62° S1 SK4° 56 | CORE CHARGES X2 Sublet Repair $100.00° S1 SK4° 57 | PULL SQUARE FRAME FRONT Repair S1 4.0° SK4° ,o,mzo,^os.s^rw Page oms 2013 Ford Taurus Police lnter�^DR Sedan �w�^01:17 PM u"�#. �,00 12/13/2014 05:30 rw 57 Items MC Message 01 CALL DEALER FOR EXACT PART#/PRICE 13 INCLUDES O.6HOURS FIRST PANEL TWO-STAGE ALLOWANCE Estimate Total&Entries Gross Parts $7.237.72 Other Parts $888.70 Paint Materials $360.00 Parts&Material Total $8.284.42 Labor Rate Replace RepairHra Tota| Hra Hirs Sheet Metal (SK8) $42.00 22.4 8.5 30.9 $1.297.80 08onh0E|on(08E) $85.00 4.8 4.4 8.3 $780.50 Frame (FR) $42.00 3.0 3.0 $126.00 Refinish (RF) $42.00 14.4 14.4 $604.80 Paint Materials $25.00 Labor Total 57.8 Hours $2.819.10 Sublet Repairs $972.14 Towing $125.00 Gross Total *12.200.66 Less: Deductible None- Net Total $12.200.66 Rates/Taxes Adjustment S1 Actual Supplement Total $5.164.87 Less: Previous Net Total $7.035.8S- NotSupplement Total $5.164.97 Alternate Parts Y7000O0O0O0OCUM 000O/OO/O0OOZip Code: 334O4Geo 334O5 Raoyo|ad Parts NOT REQUESTED ^&udatoxEstimating 7.O.334S112/13/2O14O5:54P08REL 7.O.334DT1O01/2O14DB1208/2O14 Copyright(C)2O13^&udatoxNorth America,Inc. 2.5 HRS WERE ADDED TO THIS ESTIMATE BASED ON AUDATEX`STVVO-ST4GE REFINISH FORMULA. THIS IS NOT AN AUTHORIZATION TO REPAIR.AUTHORIZATION COMES FROM OWNER. NOSUPPLEMENTS WITHOUT PRIOR APPROVAL. THIS ESTIMATE HAS BEEN PREPARED BASED ONTHE USE OFCRASH PARTS SUPPLIED BYA SOURCE OTHER THAN THE MANUFACTURER OFYOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE. Op Codes ,o,mzo,^os.s^rw Page^ms 2013 Ford Taurus Police lnter�^DR Sedan �w�^01:17 PM u"�#. �,00 12/13/2014 05:30 rw ~ = User-Entered Value E = Replace OEM NG= Replace NAGS EC= QUALITY REPLPART OE= Replace PXNOESrp|a UE= Replace OESurplus ET = Partial Replace Labor EP= QUAL. REPLPRT. RPT EU = LIKE KIND&OUALPRT TE = Partial Replace Price PM= Rmp|auaPXN Rmman/Rmb|t UM= Rmp|aomRmman/Rmbui|t L = Refinish PC= Replace PXNReconditioned UC= Replace Reconditioned TT = Two-Tone SB= Sublet Repair N = Additional Labor BR= Blend Refinish | = Rmpair IT = Partial Repair CG= Chipguard R| = R& |Assembly P = Chmok AA= Appearance Allowance RP= Related Prior Damage This report contains proprietary information of Audatex and may not be disclosed to any third party(other than the insured,claimant and others on a need to know basis in order to effectuate the claims process)without 00'�Audatex Audatex's prior written consent. —.00111111111111 Copyright(C)2013 Audatex North America,Inc. Audatex Estimating is a trademark of Audatex North America, Inc. ,o,mzo,^os.s^rw Page sms i ss . F 4t op Arl f - _ - ANO - - •� 1 � � ��+ �� T �� N \� ' r / � � i ,�� /J _�� 4�I \� � 1 1/ .,' � r!� I � _ _ �.� 1� _ , � 1►., � .�+� ........ .��, �' ' �� ' � ,�, �. r� � , � �� ,, ,, '1 ,� I� �'I• �T � _ 1 1 l`, i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 12, 2015 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF JULY 14,2015 SERVICE AUTHORIZATION NO. 12-16/KIMLEY-HORN AND ASSOCIATES,INC./NORTH DIXIE HIGHWAY PROJECT BACKGROUND Request consideration for approval of Service Authorization (SA) No. 12-16 with Kimley-Horn And Associates, Inc. (Consultant) in the amount of $69,624.00 for professional services related to the conceptual design of North Dixie Hwy, Project Number (P/N) 15-005. Funding will be provided by the Community Redevelopment Agency. Project limits are from north of George Bush Blvd. to the north City limits/Gulfstream Blvd., a distance of 1.2 miles. Kimley-Horn is expected to review existing corridor conditions and prepare concept plans for the typical roadway improvements. The plan is to improve the appearance of the Dixie Highway corridor to include bike paths, street trees, and possibly parallel parking in some areas and sidewalks. The plans will explore the potential for safer pedestrian and bicycle usage. The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(3). The City utilized engineering consultants retained via RFQ #2012-06 for our Capital Improvement Program as well as for other smaller projects that arise during the course of the fiscal year. The Consultant retained by the City via RFQ #2012-06 (City Project #12-057). The original agreement, with the Consultant, was executed on January 24, 2012. Amendment No. 2 was executed in January 2015 extending the agreement through January 2016. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on May 22, 2015. 1) Service Authorization 2) Location Map FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider approval of Service Authorization (SA) No. 12-16 with Kimley-Horn And Associates, Inc. (Consultant) in the amount of $69,624.00 for professional design services related to the North Dixie Hwy, P/N 15-005. This Service Authorization includes a study, a report, and a preliminary design. FUNDING SOURCE Funding is available from account# 334-3162-541.69-26 (Funded by CRA via ILA 2014/2015) RECOMMENDATION By motion, approve Service Authorization (SA) No. 12-16 with Kimley-Horn And Associates, Inc. (Consultant) in the amount of $69,624.00 for professional design services related to the North Dixie Hwy, P/N 15-005. CONSULTING SERVICE AUTHORIZATION DATE: 5-19-2015 CONSULTANT: Kimley Horn and Associates, Inc. (Kimlgy-Hom) SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: North Dixie Highway Redevelopment Concept Plans north of George Bush Blvd. to the North City Limits) CITY PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. I. PROJECT DESCRIPTION Kimley-Horn and Associates, Inc. ("Kimley-Horn") is pleased to submit this service authorization request to the City of Delray Beach ("Client") for planning and design services to the North Dixie Highway corridor. Our project understanding, scope of services and fee follow. Proj ect limits are from north of George Bush Blvd. to the north City limits/Gulfstream Blvd.,a distance of 1.2 miles. Kimley-Horn is expected to review existing corridor conditions and prepare concept plans for the typical roadway improvements. The plan is to improve the appearance of the Dixie Highway corridor to include bike paths, street trees, and possibly parallel parking in some areas and sidewalks. The plans will explore the potential for safer pedestrian and bicycle usage. II. SCOPE OF SERVICES Phase I—Study and Report Phase 1. Corridor Inventory and Analysis of Existing Conditions 1.1 In this data collection phase,review the following documents if provided by the City: — Survey if available — Record plans i City utility records City bike and pedestrian plan Available GIS information related to right of way lines 1.2 As part of the existing conditions review, coordinate and or assess the following items — FPL utility pole location — Bicycle and pedestrian mobility—Review City bike and pedestrian master plan. — Photograph documentation -Photograph locations along the corridor for purposes of illustrating"before" and "after" conditions. — Entry Features—identify location for entry features at the Gulfstream Blvd intersection. Explore general ideas for entry features given space constraints. 1.3 Project's Existing Base Information — Prepare a base map graphic using existing available aerials showing property uses and street names. — Prepare a maximum of 3 typical sections depicting existing conditions for the three different right of way widths showing bike and sidewalk location alternatives if applicable. 2. Project Kick-Off Meeting After receipt of all requested data from Client, conduct a project kick-off meeting with Client to review collected data and discuss ideas, guiding principles and exhibits to be presented in the public meeting, decide on meeting date, location and invitation method. Kimley-Horn will facilitate the meeting in order to develop an understanding of the project's opportunities and constraints, as well as develop a shared vision for this project. Kimley-Horn shall provide a synopsis of meeting results as well as a determination if the existing base information is sufficient for the project. Deliverables: Exhibits from collected data, photographs. 3. Preliminary Design Concepts and Project Vision Based on decisions made at the kick-off meeting, Kimley-Horn will conduct the following analysis: 3.1 Opportunities and constraints -Kimley-Horn will identify opportunities and constraints for the project. 2 3.2 Typical Sections—Design up to 3 alternate roadway typical sections based on right of way widths and provide to Client for review and comment. 3.3 Urban Design Elements—Prepare a graphic of potential urban design features for the corridor. 3.4 Conceptual Alignment Design and Plan—Design and prepare typical roadway block plan view exhibit to match with the proposed typical section. 3.5 Complete Streets Design—Consider complete streets design which includes bike and pedestrian. 3.6 Traffic Calming—Will not be analyzed at this phase 3.7 Kimley-Horn will prepare draft graphic exhibits for use in the first public meeting. Kimley-Horn and submit to Client for review. Kimley-Horn will conduct minor revisions to graphics based on Client's input. 3.8 This task consists of preparing concept plan graphics and conducting the first public meeting to present findings and ideas based on preliminary analysis. Kimley-Horn will discuss the vision's guiding principles. Kimley-Horn will solicit input from the stakeholders. The Client shall be responsible for securing the meeting location, advertising the meeting, providing refreshments, a projector screen and invitation of stakeholder groups including business and property owners and other civic board. Kimley-Horn will have a staff of two to facilitate the meeting through the use of a presentation prepared in PowerPoint. Some of the materials may be printed on large 24"x36" boards for use at the public meeting. After the meeting, Kimley-Horn will scan public comments and provide to Client. 3.9 Deliverable: Prepare the following Draft and final presentation exhibits: • Aerial map board highlighting existing and future development plans, parking locations. • Line sketches (not renderings) of existing street typical sections of N. Dixie Highway • Sketches (or Preliminary renderings) of proposed typical sections. • PowerPoint presentation • Meeting comments of the public workshop with attached sign-in sheet of attendees. 3 Phase II—Preliminary Design Phase 4. Concept Plan After input from the first public meeting, meet with Client to make minor refinement to concept plans and ideas and provide the following: 4.1 Refine preferred exhibit from Section 3, Preliminary Design Concepts and Project Vision, in order to finalize concept plan. 4.2 Revise exhibit and submit for Client's review. 4.3 Develop selected typical section further and coordinate with Client and proceed to develop the preferred typical section for colored rendering. 4.4 Update graphics and prepare a PowerPoint presentation for the second public meeting and submit to Client for review. 4.5 Incorporate Client's final comments into the presentation material and prepare final graphics for the second public meeting. After the meeting, Kimley-Horn will scan comments and forward to Client. Kimley-Horn will meet with Client to discuss comments and agree on proposed minor modifications to the concept plans. Kimley-Horn will then modify the rendering to reflect Client's input. Client will provide meeting space and invite stakeholders or other interested parties to attend. Deliverables: Street section renderings,plan view line drawings of street sections in a PowerPoint presentation. 5. Presentations/Final Concept Plans 5.1 Any presentations to the CRA Board, City Commission and other Civic Boards will be conducted by City staff. Deliverable: PowerPoint presentation. 4 6. Project Review and Cost Estimate 6.1 Prepare an order of magnitude opinion of probable construction cost for selected alternative. 6.2 Kimley-Horn will submit final presentation in digital format. Any easement or ROW acquisition costs will be provided by Client. Deliverable: Final presentation in digital format and construction cost estimate. Phase III—Final Design Phase Final Design Phase Services are not included in this Service Authorization Phase IV—Biddin2/Ne2otiatin2 Phase Bidding/Negotiating Phase Services are not included in this Service Authorization Phase V—Construction Administration Construction Administration Services are not included in this Service Authorization ADDITIONAL SERVICES Upon your authorization, Kimley-Horn will provide any additional services that may be required beyond those described in the scope of services above. These services may include but are not limited to such items as the following: • Final design and construction documents • Additional meetings, exhibits, deliverables • Traffic analysis SCHEDULE Kimley-Horn will begin work upon receiving authorization from the City in accordance with a mutually agreed upon schedule 5 III. BUDGET Fee and Expenses Kimley-Horn will perform the Services in Phases I and II on a labor fee plus expense basis. Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are informational only. Reimbursable Expenses billed under this contract could include: in-house duplicating, local mileage, facsimiles, postage, express delivery services, large-format color printing, large format construction drawing printing, specification printing, and other out-of house printing. Additional services which may be identified as needed at a later time, will be negotiated at that time. Phase I,H(Lump Sum Fee) $69,424.00 Reimbursable Expenses $ 200.00 Total Contract $69,624.00 6 COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: KIMLEY-HORN AND ASSOCIATES, INC. Date Date By: Cary D. Glickstein, Mayor (Seal) Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this day of 2015, was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 12015. Notary Public State of Florida My Commission Expires: K\BCD_Roadway\MarketingVDelray CRA N Dixie Hwy improvements\Scope_2015.04.09 TWO_N Dixie Hwy Delray MHM.docx 7 0 0 0 0 0 0 0 0 0 0 0 c 0 0 0 c o q o N o N d � ri sn sn sn v CU4 � N» uNs � 6m9 o o O o 0 0 0 0 0 0 0 c o ? m W o `n edn o0 0o N y o v vmi _ a o ", ri Tl m nkKsr3 ea m .a d Z v3 v oo N 0 00 `O o N F p 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0k6 k6 O O G w raj rW.c7r- i, C cl) °i O o o c O O p o 0 0 0 0 0 0 O O O O O O d o o O w W� vi y N N Y3 m U m'n y U o m P o b o R o � 3 ul � 31 " 0➢ o Q b z z m '� N b o � � k. � o ro .��. o .� QU w cv �.� cnO F 'a UU Fw wQh Qw�' w�' Q w � cvv, U m Uv�i v v v a° � d ,x .-• cv 0., cn x x '" M M M M M M oo rn � ,x .-• N cn Q �n �n ,x .-• ,x .-• N w � H U 1-IL-21 GULF STREAM BOULEVARD O moi, A 4U ORCHID LANE Q < > GULF STREAM DRIVE M CT. J O m i BOMMEVIEN RD. 3� Iv R1 SL CREST LANE � ❑ (j GO W U � I COCONUT ROAD 4TH CT. LLI (/1 U) TANGERINE WAY< !4TH ST. STE D RGw � CANARY WALK Q KE 27ND LVE g r AVENUE All SOLEIL STREET PINE RIDGE RD. N.E. 22ND ; W SIR N.E. 21ST ST. W i 3 z N.E 201H ST. NL 19TH STREET O } < � Q ST. KgC0M0 KEY 3 N 17TH ST, 1LER O ST Bi n � N.E 17TH STa Q 3 ROYAL PALM BLVD. ST. N.E. 187H ST. N.E 167H �1 5 EASTVIEW AVE 0 ST. BONN E 15TH Q W LAKE AVENUE N. J iad5 E i Q N.E.147H LAKE AVE) � E 14TH ST. co O Z LAKE AVENUE S Q r O U N.E. 13TH ST. Q N.W. 121H ST. - Z N.E. 127H BOND WAY a a ❑a N.E. 11TH ST. NITH�E N.E. 10TH M.KEE LN. BTH ST. � o 6 Z Z 0 ia < ��< ARD GEORGE ? BWLEVARD gECIR(1E C CITY of DELRAY BEACH NORTH DIXIE HWY DATE:3/26/13 $ ENVIRONMENTAL SERVICES DEPARTMENT ©� 434 SOUTH SIMNTON AVENUE,DELRAY BEACH,FLORIDA 33444 Proj. # 15-005 1 of 1 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper,City Manager DATE: May 22,2015 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF JULY 14,2015 PROVIDE DIRECTION FOR 100 FOOT CHRISTMAS TREE BACKGROUND This is a request for City Commission seeking direction from one of three options with respect to the City's 100' Christmas tree; Rehabilitate City owned steel tree,Purchase new aluminum 100' tree,or Rent a 100' tree. Option Description Estimated Cost forEstimated Estimated Storage Cost Estimated Total Number tree Assembly Dis- (including Cost Cost Assembly transportation to Cost and from facility) 1 Rehabilitate $142,000/year for 5$18,000/yr $7,000/yr $91,400 annually$1,398,424 (does existing 100'steelyears. Plus predicated upon a of include cost for tree $206,424 for the 60 month rental of crane) branches = agreement ($916,424)* ($457,000; storage of existing steel tree) 2 Purchase new$670,535 which$45,000 (ls $7,000/yr $91,400 annually$1,179,535 aluminum 100'includes newtime predicated upon a (Lowest Estimated tree branches assembly 60 month Cost; does not only) then agreement include rental of $18,000/yr ($457,000) crane) 3 Rental of 100'$12,102/month for$45,000(lst $7,000/yr $91,400 annually$1,299,973.50 tree 60 months plus time predicated upon a(does not include $64,853.50 security assembly 60 month ental of crane and deposit =only) then agreement Doc Fees of ($790,973.50) $18,000/ r ($457,000) $695.00) *Per Consultant Engineering Analysis At the December 2, 2014 Commission directed City Staff to investigate the existing structural integrity for the City's 100' steel Christmas tree.Furthermore, Eagle Metal Products completed the rehabilitation of the existing steel 100' Christmas tree for this fiscal year(Resolution No. 66-14/Eagle Metal Products in the amount of$24,280.00). The Downtown Development Authority (DDA) contracted directly with Kimley-Horn and Associates (KH) to evaluate the structural integrity of the steel frame that is used as the structure of the 100' tall Christmas tree for display at the Old School Square. Additionally,as a follow-up to the recommendations outlined in the structural integrity evaluation report,KH submitted a supplemental report addressing the estimated costs anticipated for establishing appropriate repair budgets for the next 5 years vs. the procurement of a new aluminum Christmas tree. In either scenario, a permanent enclosure for the tree structure is recommended. It is estimated that to rehabilitate the tree over the next five years will cost approximately$710,000($142,000/year for 5 years) plus $206,424 to replace the branches for a total price of$916,424. To procure a 100' aluminum tree (includes new branches) will cost approximately$670,535. To store the tree (existing or new) in a rental facility is estimated to cost$457,000 over a 5 year period;will in either case extend the life expectancy of the tree. In April 2015 the City advertised a Letter of Interest with respect to supplying the City a 100 foot aluminum Christmas Tree. In May 2015 the City didn't receive any responses to the Letter of Interest. Therefore, it is anticipated that a Sole Source Letter from Crystal Valley Decorating,Inc. will be requested. Attachments include: Kimley-Horn Christmas Tree Structural Evaluation Kimley-Horn Christmas Tree Supplemental Report(Cost Analysis) Powerpoint presentation for Christmas tree Crystal Valley Decorating,Inc. Aluminum Tree Proposal Brandano Displays, Inc. Proposal Madison Capital Lease Proposal Cost Analysis DISCUSSION This is a request for City Commission seeking direction from one of three options with respect to the City's 100' Christmas tree; Rehabilitate City owned steel tree,Purchase new aluminum 100' tree, or Rent a 100'tree. TIMING OF THE REQUEST Timing of this request is of high importance as depicted below: Key Dates Description Schedule July 2015 Advertise bid for assembly of 4 months (to meet existing 100' steel tree for schedule of 2015 Holiday Season Thanksgiving) September 2015 Decision on options:4 months (January rehabilitate existing 100' tree/2016 award to vender procure a new 100' aluminumto meet October 2016 tree/or rent a 100' tree deadline) October 2016 Begin assembly of a 2 months 100' tree. RECOMMENDATION Staff is seeking the City Commission's direction in this matter. Kimley)>) Horn February 2, 2015 Ms. Marjorie Ferrer Executive Director Delray Beach Downtown Development Authority 85 SE 4th Ave, Suite 108 Delray Beach, FL 33483 RE: Delray Beach DDA Christmas Tree Evaluation Ms. Ferrer: Kimley-Horn and Associates, Inc. ("Kimley-Horn") is pleased to submit this report to Delray Beach Downtown Development Authority ("Delray Beach DDA") for the preliminary structural evaluation of the steel frame of the 100 foot tall steel framed Christmas tree that the DDA displays over the holidays at Old School Square. BACKGROUND AND PURPOSE The tree structure was purchased from a previous owner. A concrete ring foundation was constructed as the base for the tree's structural frame in Old School Square, where it has been erected and displayed for over 20 years. Annually, as the tree is removed, repairs are conducted to the frame, primarily to repair welds, replace rusting elements, and re-paint damaged areas. Once repaired, the frame is stacked and stored until the following holiday season. Concerns have arisen regarding the structural integrity of the frame, and the cost of the current level of repairs. The DDA requested that Kimley-Horn conduct a non-destructive assessment of the condition of the frame, and provide actions for changes in how the tree is handled, repaired and stored. INVESTIGATION AND OBSERVATIONS The tree had already been erected for the 2014 -2015 holiday season at the time we were contacted. In addition to our initial site visit to understand the DDA's concerns on December 10, 2014, two additional site visits were conducted as part of our investigation on January 9, 2015 and on January 23, 2015. Representative photographs taken during all three visits are included in Appendix A. On January 9 2015, the primary purpose of the site visit was to observe and measure the tree structure as it was being dismantled. A meeting was held on site in which I had the opportunity to speak and interview Mr. Les Hensley from Eagle Metal Products. His company has been erecting and repairing the tree frame for many years. 192000 West Palm Beach, FL 33411 �.. � �� }�Fivrn Delray Beach DDA Christmas Tree Evaluation 02/02/2015 Page 2 of 5 The follow-up visit on January 23, 2015 was a review of the frame storage site conditions once the frame was disassembled, stacked and stored. General observations The following summarizes the framing characteristics of the structure based on the site visits, as well as a review of the plans provided to us by the City: • The tree frame structure is composed primarily of welded square hollow tubular steel frame sections. Each frame consists of approximately 4 welded panels. There are a total of 548 frames. • The entire frame (100 feet tall) is anchored by expansion bolts into the concrete foundation ring once assembled. • The frame sections are assembled into polygonal "rings" by bolting the vertical legs at the edges of each frame together. • The rings are stacked on top of each other and bolted together vertically through pre-drilled bolt holes in the upper and lower horizontal members to create "sections". • The tree frame is subdivided into 5 sections, each of which consists of 8 "ring" frames. • The steel frames have an exterior paint coating but no interior protection. • The frames are stored outdoors, with no protection. Frames are partially connected when stored, with some of the bolts left in place. • The vertical legs of the frames do not have drain holes into the horizontal members. • The greenery and electrical lights that create the tree are zip-or wire-tied to the frame. A copy of the plans of the tree frame is included in Appendix B for reference. Overall condition of the frames: During the second visit, when the tree was being disassembled, all of the sections were visible. The following was noted: • The uppermost sections of the frames were reported to have recently re-fabricated in part and were visually determined to be in good condition. • The lowest section was also noted to be in better condition than the majority of the frames that were stacked on site. • Significant corrosion was noted in the frames that have not been recently restored. The majority of the corrosive distress was near the bolt hole locations and frame corners. • The fasteners (bolts, nuts and washers)exhibited varying degrees of corrosion and weathering. • There is extensive internal corrosion of the tubular members of the frames. Refer to the captions of the photographs in Appendix A for additional information. kimley-horn.com 1920 Wekiva Way,Suite 00 West Palm Beach, FL 33411 �.. � �� }�Fivrn Delray Beach DDA Christmas Tree Evaluation 02/02/2015 Page 3 of 5 Existing Repair protocol: Les Hensley (the President of Eagle Metals) reported that his company has been responsible for patching and repairing the tree frame on an annual basis. Repairs are done to the most severely affected areas, up to a maximum annual budgeted amount. Typically, repairs consist of partial replacement of one or more legs of the frames and replacement of some of the bolt assemblies. In the past, they have tried to systematically review and upgrade the frames on a section by section basis. The uppermost section (tree top) has been nearly completely re-built. The lower(ground)section was re-furbished a few years ago. Repairs also include touch up painting areas scratched from the chains that handle the frames during erection of the tree structure. From a scheduling perspective, the repairs are performed shortly after the tree is removed from the site, preferably before delivery to the storage area. There is no inventory or log of the repairs performed to date. Existing Storage Location: During the interview, Mr. Hensley expressed concern about the storage location and lack of protection of the frames during the summer rainy season. The partially connected frames are transported and stacked in the back of the Public Works yard facility in an area that used to have a framed canopy. The frame is still visible, but the tarp is no longer in place. The condition of the canopy frame indicates that the tarp has been missing for several years. The overall plan size of the framed canopy is approximately 20 feet by 30 feet. Frames are stored without any particular order. No inventory markings were noted on the frames. The frames are placed directly on the pavement, with some frames connected with bolted fasteners still in place. The orientation in which the frames are stacked (horizontally) allows rainwater to enter the bolt holes in the vertical legs, where it gets trapped because the vertical legs do not have drains. The only openings in the vertical legs are the bolt holes. kimley-horn.com 1920 Wekiva Way,Suite 00 West Palm Beach, FL 33411 �.. � �� }�Fivrn Delray Beach DDA Christmas Tree Evaluation 02/02/2015 Page 4 of 5 RECOMMENDATIONS The overall condition of the tree frames is fair, with some sections in good condition, and some frames exhibiting extreme deterioration in localized areas. The primary cause of the deterioration of the frame is due to the existing frame configuration that does not allow for proper ventilation/drying of the interior of the tubular members. Water gets trapped inside the tubular members. Based on the observed conditions, the following incremental improvements are recommended: 1. Drill drain holes in the closed vertical leg sections of the frames to prevent trapping water. 2. Replace all fastener components (bolts, washers and nuts)with non-corrosive galvanized or stainless steel assemblies. 3. Consider using washers with neoprene to seal the holes when the frame is erected in place to minimize water intrusion. 4. Store all frames completely detached from each other. 5. Develop a rack system for storage that holds the frames vertical, elevated off the floor, thereby minimizing trapped water intrusion. 6. Continue to remove any loose rust and patch, weld or replace severely corroded sections as needed. 7. New sections should be galvanized and left bare (no paint)for better tracking and monitoring of the effectiveness of the repairs. 8. Create an inventory tracking log sheet to number the sections and track the repairs. 9. Construct or install an insulated closed shed-type structure for storage and protection of the frames. Discussion about treatment of the interior of the tubular members was not pursued because in their current configuration, the tubes are not connected. Replacing all the frames would be best served by a re-design, not just a re-construction, utilizing open steel sections. The cost of a re-constructed frame would be very expensive, and would have to be phased to utilize the existing frames that have been re-built and are in better condition. As frames are reconstructed, consideration should be given to replacing frames, not just partial members. These new frames should be fabricated and galvanized with no sealed/ hidden compartments. kimley-horn.com 1920 Wekiva Way,Suite 00 West Palm Beach, FL 33411 �.. Delray Beach DDA Ki m l ey))) Ho l}� Christmas Tree Evaluation 02/02/2015 Page 5 of 5 CONCLUSIONS The overall condition of the tree frames is fair, with some sections in good (re-furbished) condition, and some frames exhibiting extreme deterioration in localized areas. The current repair protocol is maintaining the tree structure, but is not preventing further deterioration. In order to achieve long term improvement, changes with regards to fasteners and storage need to be implemented very quickly as outlined in the recommendations section. Once a proper storage solution is achieved, the next incremental improvement is to develop a phased replacement plan. Utilizing the repair tracking log, the focus should shift to inspecting and rating every frame to prioritize replacements by frame number and location. If applied systematically, this would lead to a replacement plan that would slowly create complete new rings of the tree's framing system. Our recommendations require an additional upfront investment for storage and fasteners, in addition to the on-going maintenance. The second investment is to conduct the inspection and develop the prioritization replacement schedule. Once those two steps are completed, a systematic annual approach to restoring the structural integrity of the tree can be achieved. CLOSURE The opinions and conclusions expressed in this report are based on a review of the noted material, the limited investigation described above, as well as my education, training, and experience as a licensed, professional engineer, and have been reached within a reasonable degree of engineering probability. These opinions and conclusions are based on the information currently available to me and may be amended or supplemented should new information become available. This report has been prepared in accordance with the applicable professional standard of care. No other warranties or guarantees, express or implied, are made or intended. This report has been prepared solely for the Client for the purpose stated herein and should not be relied upon by any other party or for any other purpose. Any reliance on this report by any party other than the Client shall be without liability to Kimley-Horn or its employees. Please call me at (561) 845-0665 if you have any questions. Sincerely, KIMLEY-HORNAND A SO TES, INC. CA 000 696 Angelina G. Fairchild, P.E. FL License#43958 Attachments: Appendix A— Representative Photographs from Site Visits Appendix B—Tree Plans Provided by City 192000 West Palm Beach, FL 33411 �.. Kimley)))Horn APPENDIX A Representative photographs from site visits • • , , • • • Photograph Sheet Page: 1 of 10 r r Ar �'Wit•�-Y..t �.�y{�l` `.r le Y�- �r a•. C rt*P•f' r �-a •r.1 .' ► 1. �'S/'Rt,+ � I' a r ar,. °l, � � y"}t t � rp . � .� � • M1' a l�.j�. ' 71 dip oil emarks: Closer view of tree frame from within while in place for display. Note frames tapering with tree height. �•x'�'!��;I��.r M� � �r �°,� tom. �.�, � 1� s� s •i !•!� f •9 �, •V"" �'' � 1 j�! moi. •cation: TREE IN PLACE kimley-horn.com 1920 Wekvia Way, Suite 200, West Palm Beach, FL 33411 561 8450665 Kimley>>>Horn Delray Beach DDA Christmas Tree Frame KHa]ob No.: 144999000 Photograph Sheet Page: 2 of 10 Photo No. 3 a Remarks: Close-up view of tree frame connection from within while in place for display. Location: TREE IN PLACE Photo No. 4 r F - 4q r Remarks: Close-up view of attachment of teree greenery and lighting from within while in place for display. Note corrosion of bolted connections. Location: TREE IN PLACE Kimley>>>Horn Delray Beach DDA Christmas Tree Frame KHA]ob No.: 144999000 Photograph Sheet Page: 3 of 10 Photo No. 5 w� res Remarks: View of tree section on site during removal. This section was reportedly recently refurbished. Location: TREE BEING DISASSEMBLED Photo No. 6 r: MEN , r Remarks: View of lowest tree section on site during removal. This section was reportedly recently refurbished. Location: TREE BEING DISASSEMBLED Kimley>>>Horn Delray Beach DDA Christmas Tree Frame KHA]ob No.: 144999000 Photograph Sheet Page: 4 of 10 Photo No. 7 r Aft N 1 , = � t Remarks: View of upper portion of top tree section on site during removal. This section was recently refurbished. Location: TREE BEING DISASSEMBLED Photo No. 8 F Remarks: View of lower portion of top tree section on site during removal. This section is in fairly good condition. Location: TREE BEING DISASSEMBLED Kimley>»Horn Delray Beach DDA Christmas Tree Frame KHA]ob No.: 144999000 r Photograph Sheet Page: 5 of 10 Photo No. 9 y H' rti Remarks: View of portion of tree section near top on site during removal. This section is in fairly good condition. Location: TREE BEING DISASSEMBLED Photo No. 10 s„ r Remarks: View of stacked portion of tree section near top on site during removal. This section is in fairly good condition. Location: TREE BEING DISASSEMBLED Kimley>>>Horn Delray Beach DDA Christmas Tree Frame KHA]ob No.: 144999000 Photograph Sheet Page: 6 of 10 Photo No. 11 Remarks: View of concrete foundation ring below bottom section. Note foundation is sunken relative to grade. Location: TREE BEING DISASSEMBLED Photo No. 12 Remarks: Close up view of foundation area indicated by red arrow in Photo 11 above. Location: TREE BEING DISASSEMBLED Kimley>»Horn Delray Beach DDA Christmas Tree Frame KHA]ob No.: 144999000 r Photograph Sheet Page: 7 of 10 Photo No. 13 Remarks: View of end of frames stacked on site. Note corrosion near connections. Location: TREE BEING DISASSEMBLED Photo No. 14 6 Remarks: Close-up view of corroded connection points indicated by red arrow in Photo 13 above. Location: TREE BEING DISASSEMBLED Kimley>»Horn Delray Beach DDA Christmas Tree Frame KHA]ob No.: 144999000 r Photograph Sheet Page: 8 of 10 Photo No. 15 _, r +Aria,.. ■..t I � -_R ��''�' �T�' ,F++T�'ly 74 . C_; :4.-may. -.• .. _,,::• -. e ^i lY _ Remarks: Typical view of corrosion around bolt hole in vertical leg of frame. Location: TREE BEING DISASSEMBLED Photo No. 16 Piz': ; -••-= 4 `—�.�� .7 x. Remarks: Typical view of corroded fasteners. Location: TREE BEING DISASSEMBLED Kim{ey ))Horn Delray Beach DDA Christmas Tree Frame KHA]ob No.: 144999000 Photograph Sheet Page: 9 of 10 Photo No. 17 R L _ Remarks: Close-up view of corner of frame subject to corrosion damage. Location: TREE BEING DISASSEMBLED Photo No. 18 Typical bolt t � hole in vertical leg of frame Typical horizontal frame member = with no drain hole under connection ".� 01 -09.2G Remarks: View of typical connection at bottom of vertical leg of frame. Bolt hole cannot drain into horizontal leg. Location: TREE BEING DISASSEMBLED • • , , • • • Photograph Sheet • ge 1 of 1 At tt Fa r 1 f Location: TREE S kimley-horn.com 1920 Wekvia Way, Suite 200, West Palm Beach, FL 33411 561 8450665 Kimley)))Horn APPENDIX B Tree Plans provided by City Irri} �rc�., I 1 �i�lii�ziah 'ir-•c e /1111 now =Ina'. rwn�a Rx" Ufllll ,Hi fWX �' m" �,�, .97 17777r7.7 Boni Mumilms zW ji GEM 0 i 136 �r dd _ S�� SToR A c r c A/s Delray Beach Christmas Tree ELECTRIC SeC-A6J ' STAR C1R. d) -3 F-1 H A CP Al e CTO 0 D �c'1.io�1 CAA ti ' StRAN�s P,9, R,S, -rte e 1 � •° so �/ It II STR,A W S• w,� 3 CAN J,q 11 I ! i Scc.}� II I � �Ap� t o NAi) 1 '� �RA � , A�, PSE CAN A A sT'e�vJS a >�f,� I 1 C�A 14 STRAWS A Q j A Pj ,A-4 Am TR S-reAAkaS AV AT AS D AR STOR A & r c aA/s Delray Beach Christmas Tree ELECTRIC SeC ! 10 iV Cn Ai r S T A R C i R. 1).7) -3 CAA/ S<<ri01� 7 N�.. ;,Ta SQ�.�.IOd CA,N 'I � T" v,V r � Sects o I oa�o® It •i i STP-Awa s �D 3 - I CAN i I 5-R40CIS � jmaAAeA[BRC, AD I ! i • CA1� SeCZON I i e.,�o� �a.. i Ac, AF AF- $TQsxIS Aa,AT,��yAH j I CAN ,ft i01V S`ll2AWS AQeAF�AV�A'W CAq J r I S7'RANcaS AV AT AS AR M t;, I- I HL 0 44 L L L- D CLI F.A I IIJP SHEET 2 OF 4 4' TREE TOP SHAPING. THF SRANGIIF_S FIG."A" TOP VIEW SHOWS 13RANCHES AS 3HIPPLD TOP POLE 5DRANCHES Al BRANCHES '5, si 613'RANCHES FIG."B" lop VIEW SHOWS 8 BRANG14ES BRANCHES SPREAD OUT BRANCHES 1w;41 P4 BRANCH FIG."C" BRANCHES _ 511)E VIEW SH 0 WS BRANCHES SENT UPWARD G1 f 19 BRANCHES H1 BRANCHES Coll RING 1-1 PARTIALLY SHOWN MR REFERENCE ONLY JSEE r SHEET 3 FOR CQNTINUATION� C'rl C R I RL U A L L E V 1,E C Cl R A T 1 HG ,45 7,Ci Ct E,ET 3 OF 4 ryom RING III PARTIALLY SHOWN FOR -R REF-EnEfiENCE ONLY 24 BRANCHES KI - 1 y/ BRANCHES 3 BRANCHES Ll 32 BRANCHES 35 BRANCHES. 1-§3BRANCHES 40 BRANCHES � � I 14` 46 BRANCHES REP. Pi 43 BRANCHES -FI(3. --ro flo V4 RING Rl PARTIALLY FOR REPL-Rr-NrF r) I v rsct SHEET 4 OF 4 (LFA , r" PARTIALLY SHOWN FOR nLr-ERENCE ONLY 49BRANCHES s1 71 _.. .. � ti ��_... .._.. '/.' 51 BRANCHES 53 BRANCHES u1 1 V I BRANCHES � BRANCHES �� - 1 X1 Vvi 5 $RANCHES l fIt 62 BRANCHES Zi \ � - � \ , Y9 70 BRANCHES 67 BRANCHES ' - HES AA • r , r f � \ �• BRANCHES 7 BRANCHES - 41 N W ? 29 ' FRAME DIAMETER APPROX . 31 ' ACROSS BRANCHES Delray Beach Chrirte x. Tree r3P 4W 120®208 V I car car 2 3 - 6 5 8 7 10 1111 9 12 11 14 13 16 PAo 15 18 17 20 19 22 21 24 23 26 25 28 27 30 29 32 31 34 33 36 35 38 37 40 39 42 41 c IMC. (561)278-8362 NiEISNER,LFcR7 u hristmas I)elray Beach C>, ,e- Tree 3P 4-W 120-208 CKT T-o!-- CKT 2 0 U 4 4.1 e - 3 ee 6 IQ 4 7 LV 10 9 v 12 'T 11 14 13 16 18 �ee 17 20 L� .3 17 ---------------------- 19 22 Tj AO 21 24 23 S 26 28 qA 41 27 30 29 p Slec 32 31 34 13 36 38 37 40 39 42 41 MEISNER ELUCTRIC INC. (561) 278-8362 11 Christmas Tree ]Delray .Beac PAN LF 120-208 'V / 3P 4W Cwr cwr 2 SPA C) 4 A 3 6 5 h 8 A Of z 7 A 14 10 P. 'A 9 12 A 4- 11 1 14 P) 14 Z) 13 A 5- .16 A F 15 PP is a E 17 17 20 -1922 A � pe 21 c /9 24 23 26 25 28 A 29 27 30 32 Al 34 33 36 35 38 37 40 39 42 41 MMIsNlER'ELECTRIC INC. (561) 278-8362 Delray Beach 1C r�is�tmas Tree 120-208 X 1 3P / 4W Cwr CKr ..�- -e 2 �'er. g t' 4 a LJ t• ,er 3 V r�l- ell I 5 7 ; 10 f-) 12 , . 14 11 � � 13 A 0. 16 J 15 AN - 18 A ' 17 iP M20 19 ` 22 } ' 21 k a 24 AP 23 25 2827 � 30 A) 29 Al - 32 31 _ 34 - 33 36 35 38 37 40 39 42 41 MEISNER ELECTRIC INC' (661) 278-8362 I i 1 I Kirnley)>) Horn February 19, 2015 Ms. Marjorie Ferrer Executive Director Delray Beach Downtown Development Authority 85 SE 4th Ave, Suite 108 Delray Beach, FL 33483 RE: Delray Beach DDA Christmas Tree - Supplemental Report Ms. Ferrer: The tree structure evaluation was completed and documented in our report dated February 2, 2015. As a follow-up to the recommendations outlined in that report, the City requested an estimate of the cost to implement those recommendations. This supplemental report addresses that request. The estimates are anticipated to be used to establish appropriate repair budgets over the next 2 to 5 years. In general, the primary cause of the deterioration of the frame is due to the existing frame configuration that does not allow for proper ventilation/drying of the interior of the tubular members. REPAIR SCHEDULE AND SCOPE Our recommendations are subdivided into the following phases: PHASE/(2015-2016) 1. Construct a designated structure (ventilated and preferably insulated) for storage and protection of the frames. 2. Drill drain holes in all the closed vertical leg sections of the frames to prevent trapping water. 3. Replace all fastener components (bolts, washers and nuts)with non-corrosive galvanized or stainless steel assemblies. 4. Patch frames similar to previous repairs to re-use existing frame for at least one more season 5. Develop frame repair tracking system. After the 2015 Christmas season, replace the existing tree with a new tree or reconstruct the existing frame. 192000 West Palm Beach, FL 33411 �.. � �� }�Fivrn Delray Beach DDA Christmas Tree Evaluation 02/19/2015 Page 2 of 3 PHASE 2— OPTION 1 (2016-2017) Replace the entire tree frame by commissioning a commercially designed outdoor tree from an organization such as Christmas Designers. If a new frame was commissioned from a specialty supplier as once, there would be savings from reduced mobilization/demobilization, as well as from reducing the interim repairs of the existing. A summary of this anticipated cost is included in Appendix A. PHASE 2— OPTION 2(2016-2021) If refurbishment to save the existing tree is desired, the following timeline could be used: Begin systematic replacement/improvement of frames by rebuilding sections using hot-dip galvanized sections. Assume 1/5 of the tree is refurbished annually. Year 1 (2016-2017) 1. Reconstruct frames to replace/upgrade 1/5 of the tree. 2. Develop a rack system for storage that holds the frames vertical, elevated off the floor. 3. Continue to remove any loose rust and patch, weld or replace severely corroded sections of remaining existing sections, as needed. Years 2 through 4 (2017-2020) 1. Reconstruct frames to replace/upgrade 1/5 of the tree. 2. Continue to remove any loose rust and patch, weld or replace severely corroded sections of remaining existing sections, as needed. Year 5 (2020-2021) 1. Reconstruct final frames to replace/upgrade the last 1/5 of the tree. A summary of this anticipated cost is included in Appendix B. These estimates are provided for budget purposes only and are subject to market conditions at the time the services are requested and contracted. kimley-horn.com 1920 Wekiva Way,Suite 00 West Palm Beach, FL 33411 �.. Delray Beach DDA Ki m l ey))) Ho l}� Christmas Tree Evaluation 02/19/2015 Page 3 of 3 CLOSURE The opinions and conclusions expressed in this report are based on a review of the noted material, the limited investigation described above, as well as my education, training, and experience as a licensed, professional engineer, and have been reached within a reasonable degree of engineering probability. These opinions and conclusions are based on the information currently available to me and may be amended or supplemented should new information become available. This report has been prepared in accordance with the applicable professional standard of care. No other warranties or guarantees, express or implied, are made or intended. This report has been prepared solely for the Client for the purpose stated herein and should not be relied upon by any other party or for any other purpose. Any reliance on this report by any party other than the Client shall be without liability to Kimley-Horn or its employees. Please call me at (561)845-0665 if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. CA 00 0696' gelina G. Fairchild, P.E. FL License#43958 Attachments: Appendix A—Cost for Tree Replacement plan Appendix B—Cost for Tree Refurbishment plan 192000 West Palm Beach, FL 33411 �.. w X Q X C N Q Q Q Q L X W O U O O O O O O C O O N N � U c N O � a w s aw P. o N � g Y.m �m G a h O 0 0 0 0 0 0 0 0 0 c 0 o s 0 0 0 ao c o O y 6A a m F- 22 y N m Q V U c s ooh D F- a QNo OLu Q)V O U o 0 0 0 0 0 0 0 0 0 0 0 0 o a o yr � LU y tq a m U cr O J z m O w y o G o 0 iLL A p m ,� O www Z m Q UO w O H 8 w ro w O o v� nen h a U o x IP a = m.gs O W E� W O d Z O o o 0 0Wf� A a z U w m o Q C4 '. 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D• L� K '�' _ _ _ P n n n �p M J' O N ill a N m ^ N o neo n _ nn � c N o m w � a n m K. a s � m o N e no �!o a a M i m w v �o m o r o - N N n a m i n a l o - i M y l n x a - � � M a a VI h b �` n x v P �, -- - - ,., - - y, _, - _ N N N N N N N N N M F' 4 F N N f I I 6 A E w= - - - - � - N - - d d d v d d v d 1> e e e b d Q8Z Vis W W W x N N J a o a 4 M m n M m M r m °ca Q Q lit X qA Xoa1u1 Kq� au y v +Doak �N3N moG ►. -� 39 r,om._ ^muco x � x 1- - -- - ---- - - ------ - t N - 0 w - _ - G N N Q N 17 N° x ^ Coj - NNNNNmM,r�mMV V V 7d'+nunvl v;v1x0`O� �D�Dhhhhh07oC�07900�Cx0�Q�4� 0 x, C/) Z O C� 0 �ez a z FM City of Delray Beach 2015 Crystal Valley Proposed 100' Tree Decorating, Inc Replacement and Upgrade Oregon Cascade Far Aluminum Replacement Option, Stainless Steel Hardware and Aluminum Branch Spines, Galvanized wire $648,535.00 Branches 100'Aluminum Walk Through Tree Frame,powder coated,all bolts/nuts/attachment hardware in saltwater resistant high strength stainless steel. For lighted foliage(Oregon Cascade Fir: 3 Ply dark green/light green/sand)(3104 individual branches)with galvanized wire and aluminum branch spine: 70 5 NIM wide Angle LED miniature lights per branch Or C-7 LED lights 12 per branch. 217,490 lights total�135 amps @ 115 VAC 6 Red Matte Hollyberies per branch 8`Tall Tree Top Star,aluminum frame,C-7 LED lights. 1.2" angle cut Gold metallic garland Freight Estimate ( one way from Oregon) $22,000.00 Total Purchase cost as of April 8, 2015 $670,535.00 Options for Consideration 32 Custom Aluminum Storage racks for the branches,set for $16,256.00 fork lift transport.At$508 each Wiring Harness--New design--Thermo jacketed sealed system with NEMA plug. $46 605'0® Prepared by Patrick Brandano April 7, 2015 1 100' Tree Pricing Proposed April 8, 2015.xls .... 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VALLEY CRYSTAL 1620 - Airway Ind Lebanon, Oregon 07355 Ph: 541-924-0700 - Fax: 541-924-0733 Nfarch 31, 2015 maqo.rie Ferrer Associate Director Delray Beach. .Do,vntown Dcvelopmcut Authority 85 SE 4"' Avc Ste 108 Delray Beach., FL 3383 Re- Sole Source for Manufacturing Atlantic avenue 1001 "'Oregon Cascade Fir"' Christmas tree Dear Nlarjorle. The purpose of this letter Js to confirm that Crystal Valley Decorating, Inc, is the sale source for manufacturing a fic "Oregon Cascade Fir" 100' tree ,,filth a walk through base. Crystal all y Decorating, Mc, is the o iginal designor and mainifacture.r cit the 100' tree that the C#y. of Delray Beftch currently owns, and is the €my company that: can reproduce the tree erl45utirag statistic:aal rcquircmCrits and specifications arc met, thcrefore al1mving last i €Test lents in footing and electrical infrastruatire to continue to be used. My contact information is as follows: Russell Milstein, President Crystal Valley Decorating, Inc. 1620 W. Airway lid. Lebanon, Oregon 97355 541-924-0700 rrrss(c krystalvalley.corn www.crystalvalley.com Please feel free to contact me with any questionsyou may have. Regards, Russel3 ll,Iilstein Crystal Valley Decorating, Inc. Page 2 of 2 Brandano Displays, Inc. Patrick J. Brandano Managing Partner June 19, 2015 Isaac Kovner, P.E. City Engineer City of Delray Beach Environmental Services Department 434 S. Swinton Ave., Delray Beach, Florida 33444 Re: Storage and maintenance of 100' tree and Santa Houses. Dear Marjorie: Thank you for giving Brandano Displays, Inc the opportunity to provide you a proposal to provide Storage and maintenance services for your 100' tree and North Pole houses. General Description of Services: • 60 month service agreement • Brandano Displays will provide indoor storage services for the 100' tree components; Frame , Branches, Star and Hardware Brandano Displays will provide indoor storage services for the North pole Village pieces. • Brandano will provide transportation from the Tree site to the storage facility and Back to the site in the fall on a designated date. • Brandano will spot Trailers at the Tree site and Volunteers will load the tree branch boxes into the trailers. Once full Brandano labor will transport and handle the materials. • Brandano Labor will transport the Village houses and make necessary maintenance repairs Between seasons. Pricing: • Predicated upon a 60 month agreement • $91,400.00 annually. 1473 Banks Road • Margate, Florida 33063 954.956.7266 • 800.777.6903 • Fax: 954,956.7256 • Cell: 954.461.6598 patbrand anogbrandano.corn www.brandano.com Wandano Displays, Inc. Page 2 Please feel free to contact me anytime with questions at my cell; (954) 461-6598. Email patbrandanoCa)-brandano.com Have a great day! Very truly yours, Patrick J. Brandano 1473 Banks Road Suite 212 * Margate, Florida 33063 954.956.7266 9 800.777.6903 +Fax: 954.956.7256 9 Cell: 954.461.6598 patbrandanood brandano.corn www.brandano.com MA D I $ O N CAPITAL �X433 Cron ridge Drive,Suite F $aa.733 55-9 Owings Mills,MD-1117--194 443.796.7333 EQUIPMENT &VEHICLE FINANCING www.madisoncapital.com 443.796.7200 Fax LEASE PROPOSAL June 19, 2015 Madison Capital, LLC is pleased to offer the following Lease Proposal for your review and acceptance: LESSEE: City of Delray Beach EQUIPMENT: 100' Holiday Tree VENDOR: Brandano Displays, Inc. EQUIPMENT COST: $648,535.00 LEASE AMOUNT: $648,535.00* LEASE TERMS: True Lease Security Deposit = $64,853.50 Advance Payment(s) = -0- Term = 60 Months Monthly Payment = $12,102.00 +taxes (unless exempt) Purchase Option = FMV not to exceed 10% ADD'L.GUARANTOR(S): as appropriate, if any ADDITIONAL TERMS: The above rentals are based on Lease Amount as stated above and will be adjusted proportionately based on the final Lease Amount. All payments are monthly in advance. This rate quote is good for 60 days. If lease agreement is not executed within 60 days, the monthly rental is subject to change proportionately with any increase in interest rates. Lessee is responsible for all applicable taxes, maintenance, insurance, doc fees, UCC search and filing fees, and/or other charges related to the ownership or use and lease of the equipment. Doc Fee: $495.00 Pre-funding Fee: $100.00 per occurrence, if pre-funding is required 2 END OF TERM OPTIONS: At the end of the lease term, the Lessee shall have the option to: 1) Purchase the equipment for Fair Market Value not to exceed 10%. (Security deposit may be applied toward purchase.) 2) Continue to lease the equipment at fair market rental mutually acceptable to Lessor and Lessee. 3) Return the equipment in accordance with the terms of the lease agreement. NO WARRANTIES: Madison Capital, LLC makes no warranties, express or implied,with respect to the Leased Equipment, its merchantability, or its suitability for any particular use. INSURANCE: Lessee, at its own expense, will provide all risk and physical damage insurance, including loss by burglary, theft, and malicious mischief, for the full replacement value of the equipment,naming Madison Capital, LLC as Loss Payee and Additional Insured, with such insurance companies as are satisfactory to Madison Capital, LLC. CREDIT APPROVAL: This Proposal is contingent upon and subject to i) the final review and approval by Madison Capital, LLC of such credit information and submittals as Madison Capital, LLC shall request from Lessee; ii) the accuracy, completeness, and confirmation of all information submitted by Lessee; iii) execution of documentation and filings containing such terms and conditions as are satisfactory in form and substance to Madison Capital, LLC and its counsel, if applicable. *Subject to review of all credit and financial information, Madison Capital may offer alternative terms or require a larger cash downpayment. 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N N N M •E O U1 U ° Q Q c c c ,,:, c c = v E o t u E -moo E p K K K K Q Q p p - m Q Q C C p H 00 W 'N << t0 u u Q lul Z ci N M M N Lf Q � 0 r1i \ ( CL 0 \ m Ca cu � \ 0 § \ e � » � » r@ r*lj / 0 \0 E/ CIA 0 0 0 0 0 m \ 0 0 \ / / / / o \ o o / o 0 0 @ o k rq \ % \ 00 � m Ln 0 0 0 0 0 0 0 0 0 0 d f o � o o o u § \ \ /� \ c = e� \ m CU / / { / / / o / / C; / \ / cu \ e \ / 0 o e e E k § ° ) e 2 2 � / / e E bb C 2 { \ 7 / m 0 =3 ƒ / \ / 0 § E ° R = ® Zn E § 0 e / k ° 7 U u e e / u ) 2 _ _ _ § o } 5 ' u 5 3 = ° $ / Lu c Qn e } k ¥ k I \ / / \ cu / _ Ln = u — = u e E rmi Ln L� 3 = U o \ k f m 2 \ \ / 7 / � \ $ ® e / / E E > 2 t 4 0 e 3 { / @ / / 5 ° 2 = ° U = 2 / / } [ [ t E 3 O \ G 2 E } > > u / < < \ 4 < MEMORANDUM r TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Donald Cooper, City Manager DATE: June 26,2015 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF JULY 14,2015 RESOLUTION NO.41-15-BEST INTEREST RESOLUTIONMOUSING REHABILITATION PROJECTS BACKGROUND The Community Improvement Neighborhood Services Division recommends approval of Best Interest Resolution 41-15 for general contractors to provide housing rehabilitation program services. The City has been allocated $404,964 of Community Development Block Grant(CDBG), $233,000 of Residential Construction Mitigation Program(RCMP)and$282,275 of State Housing Initiatives Partnership (SHIP) funds through the U.S. Department of Housing and Urban Development, Florida Department of Emergency Management and Florida Housing Finance Corporation to provide for the renovation or repair as well as hurricane mitigation of existing substandard homes. The rehabilitation of homes addresses building and code violations, interior and exterior building, electrical and plumbing problems, health and safety issues and the retrofit of special items for those with special needs. The Housing Rehabilitation Grant(s) are being awarded to the following general contractors and work is to be conducted at the addresses referenced below. Contractors are the lowest responsive bidder as detailed on the attached Bid/Quote Information Sheets. This item was bid utilizing the Commission-approved Neighborhood Rehabilitation Program Manual process, which was approved in 2007. However, the process outlined in the manual is not in compliance with Section 36 of the City's Code of Ordinances. Therefore,it is recommended the City Commission approve a Best Interest Resolution for the acquisition of these services. Contractor Address Amount Funding Source 640 SW 6th Avenue $ 13,319.10 RCMP CJ Contracting,LLC 134 SW 5th Avenue $ 16,619.10 CDBG 618 SW 9th Court $28,954.01 CDBG South Florida Construction Services,Inc. 39 NW 11th Avenue $ 33,244.60 CDBG 508 SW 6th Avenue $ 34,659.10 SHIP Cordoba Construction Company 221 SW 15th Avenue $33,182.70 SHIP Approval is needed for acquisition of services by CJ Contracting, LLC., South Florida Construction Services Inc., and Cordoba Construction Co., in accordance with Code of Ordinances, Section 36.03 (B), as this purchase will result in multiple acquisitions for services in the current fiscal year and aggregately exceed$25,000. Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance,termite inspection,termite treatment, and recording fees .Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division office. DISCUSSION Consideration to approve Resolution 41-15 Best Interest Resolution for acquisitions of services from CJ Contracting, LLC, South Florida Construction Services, Inc. and Cordoba Construction Company to allow"multiple Acquisitions from vendors exceeding $25,000 in any fiscal year; and further find that the acquisitions are in compliance with the Code of Ordinances Chapter 36, Section 36.03(B)Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year and Section 36.02(C)11 Best Interest Acquisitions. In addition, approval is requested for the award of housing rehabilitation grants to the three(3)lowest responsive bidders. TIMING OF THE REQUEST This request is critical to complete projects within the fiscal year. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 $ 78,817.71 Residential Mitigation Construction Program 118-1936-554-49.19 $ 13,319.10 State Housing Initiatives Partnership Program 118-1924-554-49.19 $ 67,841.80 RECOMMENDATION By Motion: Approve Resolution 41-15 Best Interest Resolution for acquisitions of services from CJ Contracting, LLC, South Florida Construction Services, Inc. and Cordoba Construction Company to allow "multiple Acquisitions from vendors exceeding $25,000 in any fiscal year; and further find that the acquisitions are in compliance with the Code of Ordinances Chapter 36, Section 36.03(B)Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year and Section 36.02(C)l 1 Best Interest Acquisitions. By Motion, approve CJ Contracting, LLC the award of Housing Rehabilitation grants as the most responsive bidder for services being provided at 640 SW 6th Avenue and 134 SW 5th Avenue. By Motion, approve South Florida Construction Services, Inc. the award of Housing Rehabilitation grants as the most responsive bidder for services being provided at 618 SW 9th Court and 39 NW 11th Avenue. By Motion, approve Cordoba Construction Company the award of Housing Rehabilitation grants as the most responsive bidder for services provided at 508 SW 6th Avenue and 221 SW 15th Avenue. RESOLUTION NO. 41-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, FOR HOUSING REHABILITATION CONSTRUCTION AT 134 SW 5TH AVENUE, 618 SW 9TH COURT, 640 SW 6TH AVENUE, 39 NW 11TH AVENUE, 221 SW 15`'' AVENUE AND 508 SW 6TH AVENUE UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE HOUSING INITIATIVE PARTNERSHIP FUNDING FOR THE COMMUNITY IMPROVEMENT DEPARTMENT FROM CJ CONTRACTING LLC, SOUTH FLORIDA CONSTRUCTION SERVICES AND CORDOBA CONSTRUCTION CO., DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD IS NOT IN THE BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the Community Improvement Department received funding through the Community Development Block Grant, Residential Construction Mitigation Program and State Housing Initiatives Partnership programs for renovation or repair of existing substandard houses; and WHEREAS the City Commission approved in November 20, 2007 a Housing Rehabilitation Program; and WHEREAS the Community Improvement Department has utilized a competitive solicitation process, not in compliance with Code of Ordinances, Section 36, to acquire bids on rehabilitation projects; and WHEREAS, CJ Contracting was the lowest bidder for a rehabilitation project at 640 SW 6ffi Avenue and 134 SW 5ffi Avenue for$13,319.10 and $16,619.10;and WHEREAS, South Florida Construction Services was the lowest bidder for a rehabilitation project at 618 SW 9ffi Court and 39 NW 11ffi Avenue for$28,954.01 and $28,954.01; and WHEREAS, Cordoba Construction Company was the lowest bidder for a rehabilitation project at 508 SW 6ffi Avenue and 221 SW 15ffi Avenue for$34,659.10 and $33,182.70;and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the HOUSING REHABILITATION CONSTRUCTION AT 134 SW 5TH AVENUE, 618 SW 9TH COURT, 640 SW 6TH AVENUE, 39 NW 11TH AVENUE, 221 SW 15ffi AVENUE AND 508 SW 6TH AVENUE UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE HOUSING INITIATIVE PARTNERSHIP FUNDING FOR THE COMMUNITY IMPROVEMENT DEPARTMENT FROM CJ CONTRACTING LLC, SOUTH FLORIDA CONSTRUCTION SERVICES AND CORDOBA CONSTRUCTION CO,AND, is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of . 2015. MAYOR ATTEST: City Clerk COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING TO: Katherine A. DeGroot FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: Community Development Block Grant Activities Housing Rehabilitation Forgivable Loan Award(s) According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of$16,619.10 for the rehabilitation of your home. All contractors' draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 12-441 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 134 SW 5t"Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of The notice establishes that the work be completed within forty-five (45) days of permit issuance. Please acknowledge receipt of this Notice to Proceed as provided below. Original signed copy to be kept at the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the completion date within forty-five (45) days after issuance of permit approval: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1s`Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) HOUSING REHABILITATION AGREEMENT APPLICANT/OWNER: Katherine A. DeGroot ADDRESS: 134 SW 51h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: The South 50 feet of the North 150 feet of the East 135.0 feet pf the South 1/2 of Block 22, TOWN OF LINTON, N/K/A DELRAY BEACH, according to the Plat thereof, recorded in Plat Book 1, Page(s)3 of the Public records of Palm Beach County, Florida. P I D#12-43-46-16-01-022-0250 CASE NO: 12-441 I do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division Community Development Block Grant to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting, supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign-off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for ten (10) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2015. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of$20,000 to $37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1s`Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Sixteen Thousand Six Hundred Nineteen Dollars and 101100 Cents ($16,619.10) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Co-Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20 by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM CONTRACT THIS AGREEMENT made this day of 2015, by and between CJ Contracting LLC., herein after called the"Contractor" and Katherine A. DeGroot, hereinafter referred to as the"Owner(s)". WHOSE residence and project address is: 134 SW 51hAvenue Delray Beach, FL 33444 LEGAL DESCRIPTION: The South 50 feet of the North 150 feet of the East 135.0 feet pf the South '/ of Block 22, TOWN OF LINTON, NIKIA DELRAY BEACH, according to the Plat thereof, recorded in Plat Book 1, Page(s)3 of the Public records of Palm Beach County, Florida. P I D#12-43-46-16-01-022-0250 WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2-The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Sixteen Thousand Six Hundred Nineteen Dollars and 101100 Cents($16,619.10) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION -CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION -CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5-The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications g. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 -Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION -CONTRACT ARTICLE 8 -Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. -4- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT Owner Signature Contractor Signature Owner Signature Contractor Firm Name ATTEST: CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM QUOTE INFORMATION SHEET QUOTE#: 430 APPLICANT: Katherine DeGroot PROJECT ADDRESS: 134 NW 5th Avenue DATE OF BID LETTERS: May 7,2015 DATE OF BID OPENING: May 22,2015 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation $ All Phase Roofing $ - Built Solid Construction, LLC $ 11,150.00 Citywide Construction Services, Inc. $ - CJ Contracting, LLC $ 16,600.00 Cordoba Construction Co. $ - Donclay Construction Inc. $ - Grelite Corp. $ 22,785.95 JIJ Construction Corp. $ - M&A Builders, LLC $ Ray Graeve&Sons Construction, Inc. $ South Florida Construction Services, Inc. $ SRJ Construction Corporation $ Starmark Properties Inc. $ In-House Estimate: $ 19,321.94 RECOMMENDED CONTRACTOR: CJ Contracting, LLC BID/CONTRACT AMOUNT: $ 16,600.00 5%Contingency $ - $ 16,600.00 Lead Inspection N/A Lead Clearance N/A Termite Inspection N/A Termite Treatment N/A Recording Fees 19.10 GRANT CONTRACT AMOUNT 16,619.10 FUNDING SOURCE: Community Development Block Grant(CDBG) Account# 118-1963-554-49.19 COMMENTS: Staff recommends awarding 2nd lowest quote due to pricing not being congruent to in-house/other bids va!a✓ MN 0004 LO 00000L � 0 cri 0 rl- LO 00 ti O 00 00 O 0r m N Lo ti N M N N V9 V9 V 61) V-) �./Ot.We/o O O O O O O Z v�V O cq B O O O O ti N N O 61) o 0/j, Lp�0 �S00� 00000 0 ooLOoo � qtzt M M > Cfl N Cl)Lu O W Ef3 Ef3 e9 613 613 V-) O Z N as � O O O OL 2 O � ��'7 000mLO LO OOM N N �I LO O co ti M M m H Q O O CO LCA m c C7 m O tj Z 2 Z LO LL c LO oN oN 2 � W z ti N a a Q Z O v !' cu � car car ccr car car cs� � = U O J = W U- O U Q D � i Q,- m W H O V 4- N W 0 0 0Z) •� Q N = 0 (Q W Z (n UX O L W H cJ w � o a Z uJ U W — U — — � Z Q O � '� (o M Q 0 3:: m O Q m m 2 mc,jM � LCA CO COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING TO: Leon and Brenda Herrington FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: Community Development Block Grant Program Activities Housing Rehabilitation Forgivable Loan Award According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of$28,954.01 for the rehabilitation of your home. All contractor's draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. —10* -20 hhhb.-- NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 13-459 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 618 SW 9t" Court Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of The notice establishes that the work be completed within sixty (60) days of permit issuance. Please acknowledge receipt of this Notice to Proceed as provided below. Original signed copy to be kept at the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the completion date within sixty(60) days after issuance of permit approval: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) HOUSING REHABILITATION AGREEMENT APPLICANT/OWNER: Leon and Brenda Herrington ADDRESS: 618 SW 9th Court Delray Beach, FL 33444 LEGAL DESCRIPTIONLot 32, Delray Manor Addition to Delray, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 12, Page 59. P I D#12-43-46-20-12-000-0320 CASE NO: 13-459 1 do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division Community Development Block Grant Program to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting,supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign-off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2030. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of$20,000 to$37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Twenty-Eight Thousand Nine Hundred Fifty-Four Dollars and 011100 Cents ($28,954.01) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Date Co-Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of_ 520 by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM CONTRACT THIS AGREEMENT made this day of July 2015, by and between South Florida Construction Services, Inc., herein after called the "Contractor" and Leon and Brenda Herrington hereinafter referred to as the "Owner(s)". WHOSE residence and project address is: 618 SW 9ch Court Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 32, Delray Manor Addition to Delray, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 12, Page 59. P I D#12-43-46-20-12-000-0320 WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2-The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Twenty-Six Thousand Eight Hundred Thirty-Five Dollars and 001100 Cents($26,835.00) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION -CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION -CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5-The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications g. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 -Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION -CONTRACT ARTICLE 8 -Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. -4- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION - CONTRACT Owner Signature Contractor Signature Owner Signature Contractor Firm Name ATTEST: CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID#: BID#02-2015NS APPLICANT: Leon&Brenda Herrington PROJECT ADDRESS: 618 SW 9th Ct DATE OF BID LETTERS: May 7,2015 DATE OF BID OPENING: June 1,2015 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation $ All Phase Roofing $ - Built Solid Construction, LLC $ 34,505.00 YES Citywide Construction Services, Inc. $ - CJ Contracting, LLC $ Cordoba Construction Co. $ No Bid Donclay Construction, Inc $ No Bid Grelite Corp. $ JIJ Construction Corp. $ Ray Graeve&Sons Construction, Inc. $ No Bid South Florida Construction Services, Inc. $ 26,835.00 YES SRJ Construction Corporation $ - Starmark Properties Inc. $ - In-House Estimate: $ 28,828.95 RECOMMENDED CONTRACTOR: South Florida Construction Services, Inc. BID/CONTRACT AMOUNT: $ 26,835.00 5%Contingency $ 1,341.75 $ 28,176.75 Lead Inspection N/A Lead Clearance N/A Termite Inspection N/A Termite Treatment 758.16 Recording Fees 19.10 GRANT CONTRACT AMOUNT 28,954.01 FUNDING SOURCE: Community Development Block Grant(CDBG) Account# 118-1963-554-49.19 COMMENTS: Staff recommends awarding to lowest responsive bidder. QUI `s a o� 41O /S 00000000000000 0 �p��0/y ��0 LO0000000LO0000CD CD Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl 0 0 LO LO I- 00 LO Itt — 00 Cc q� CO Cc 00 CD 00 00 M /Y7On O CO P- LrLO Il- O � — � N M 00 V M N N N C0 (� N � en en en en en en en en en en en en en e 9 en Sfjp��i7 0 '944 E �u 0 00i I in c /ououo� � E tl fi �- O 9op�o co 0 ✓/S o0000000000000 0 p�0 Z/O 00000000000000 0 CDLri000LOLriooLOLri000 LO O m 0 0 o N 00 0 0 ti N o 0 0 O N -- LC> -- M I` N LCA M N 00 LO N CO r_ N C � M a 0000 �n000000000 LO O O O N O O O In O rn O �n �nO -� �nOO �nOOO � O 00 I Ln N `o Ln It � O O N V) 0, 00 N M 01 N Ol N 00 \o AO � 00 CN LO LO N m m O ON cq O 06 ti 4t C U) � N co J co 69 69 69 69 69 69 69 69 69 69 69 69 69 69 �} O W �; O H 0 ,� v O 0 N H O Cn U 0 N O Q ZW r3 N r O O LV �p 0 r O U U LLI Q OLLI ct � CN O cNn > w Z -°� ov� WUU � � Q w W o CL �, � � V) V) cn cn V) cl� V C E 04 M Lf) C0 I- 00 m O N RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM MEMORANDUM OF UNDERSTANDING TO: Yolanda D. Rolle FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: Residential Construction Mitigation Program Activities Housing Rehabilitation Forgivable Loan Award(s) According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of$13,319.10 for the rehabilitation of your home. All contractors' draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 12-446 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 640 SW 6t"Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of The notice establishes that the work be completed within forty-five (45) days of permit issuance. Please acknowledge receipt of this Notice to Proceed as provided below. Original signed copy to be kept at the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the completion date within forty-five (45) days after issuance of permit approval: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1s`Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION AGREEMENT APPLICANTIOWNER: Yolanda D. Rolle ADDRESS: 640 SW 61h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 15 Block 5, Rosemont Park, according to the Plat thereof, recorded in Plat Book 13, Page 60 of the public records of Palm Beach County, Florida. P I D#1243-46-20-14-005-0150 CASE NO: 12-446 1 do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division Residential Construction Mitigation Program to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting, supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign-off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for ten (10) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2015. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of$20,000 to $37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1s`Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Thirteen Thousand Three Hundred Nineteen Dollars and 101100 Cents ($13,319.10) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Co-Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20 by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION PROGRAM CONTRACT THIS AGREEMENT made this day of 2015, by and between CJ Contracting LLC., herein after called the"Contractor" and Yolanda D. Rolle, hereinafter referred to as the"Owner(s)". WHOSE residence and project address is: 640 SW 6th Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 15 Block 5, Rosemont Park, according to the Plat thereof, recorded in Plat Book 13, Page 60 of the public records of Palm Beach County, Florida. P I D#12-43-46-20-14-005-0150 WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2-The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Thirteen Thousand Three Hundred Nineteen Dollars and 101100 Cents($13,319.10) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION -CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION -CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5-The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications g. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 -Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION -CONTRACT ARTICLE 8 -Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. -4- CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) HOUSING REHABILITATION - CONTRACT Owner Signature Contractor Signature Owner Signature Contractor Firm Name ATTEST: CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM QUOTE INFORMATION SHEET QUOTE#: Quote#430 APPLICANT: Yolanda Rolle PROJECT ADDRESS: 640 SW 6th Avenue DATE OF QUOTE LETTERS: May 7,2015 DATE OF QUOTE OPENING: May 22,2015 GENERAL CONTRACTORS QUOTE AMOUNT Abisset Corporation $ All Phase Roofing $ Built Solid Construction, LLC $ Citywide Construction Services, Inc. $ - CJ Contracting, LLC $ 13,300.00 Cordoba Construction Co. $ 14,260.00 J IJ Construction Corp. $ - Ray Graeve&Sons Construction, Inc. $ South Florida Construction Services, Inc. $ SRJ Construction Corporation $ Starmark Properties Inc. $ - In-House Estimate: $ 14,837.50 RECOMMENDED CONTRACTOR: CJ Contracting, LLC BID/CONTRACT AMOUNT: $ 13,300.00 5%Contingency $ - $ 13,300.00 Lead Inspection N/A Lead Clearance N/A Termite Inspection N/A Termite Treatment N/A Recording Fees 19.10 GRANT CONTRACT AMOUNT 13,319.10 FUNDING SOURCE: Residential Construction Mitigation Program(RCMP) Account# 118-1936-554-49.19 COMMENTS: Staff recommends awarding project to lowest responsive contractor U� 0 0 0 0 0 0 0 0 0 0 'b✓O� c0000 N 00 cri <.�I f.�I lb�1 61) 001 o 0 0 0 0 o o C) c::) o o � cri CO 0 0 0 00 as,�Oy r- LO ooLO o P-M N O r CO N 00 CO 00 C) N c � Q t1) Cl) 0 LO o v co o cq cu N N c ti N O c6 O a a C'J co Ef}ff} Ef}Ef} Ef} O W O Q W W W O U m m Q O N J LLIO L _ Z 0 CD � C/) U U ~ LLI � N Z N X W H LU o a zw = Z Q O m O Q m m COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING TO: Sandra K. Williams FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: Community Development Block Grant Program Activities Housing Rehabilitation Forgivable Loan Award According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of$33,244.60 for the rehabilitation of your home. All contractor's draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. —10* -20 hhhb.-- NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 14-474 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 39 NW 11th Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of . The notice establishes that the work be completed within sixty(60) days of permit issuance. Please acknowledge receipt of this Notice to Proceed as provided below. Original signed copy to be kept at the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the completion date within sixty (60) days after issuance of permit approval: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) HOUSING REHABILITATION AGREEMENT APPLICANT/OWNER: Sandra K. Williams ADDRESS: 39 NW 111h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Atlantic Pines LT 26 BLK 2 P I D#12-43-46-17-17-002-0260 CASE NO: 14-474 1 do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division Community Development Block Grant Program to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting,supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign-off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2030. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of$20,000 to$37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Thirty-Three Thousand Two Hundred Forty-Four Dollars and 601100 Cents ($33,244.60) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Date Co-Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of_ 520 by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM CONTRACT THIS AGREEMENT made this day of July 2015, by and between South Florida Construction Services, Inc., herein after called the"Contractor" and Sandra K.Williams hereinafter referred to as the"Owner(s)". WHOSE residence and project address is: 39 NW 11Th Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Atlantic Pines LT 26 BLK 2 P I D#12-43-46-17-17-002-0260 WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2-The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Thirty Thousand Five Hundred Seventy Dollars and 001100 Cents($30,570.00) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION -CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION -CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5-The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications g. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 -Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION -CONTRACT ARTICLE 8 -Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. -4- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION - CONTRACT Owner Signature Contractor Signature Owner Signature Contractor Firm Name ATTEST: CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID#: BID#02-2015NS APPLICANT: Sandra Williams PROJECT ADDRESS: 39 NW 11th Avenue DATE OF BID LETTERS: May 7,2015 DATE OF BID OPENING: June 1,2015 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation $ All Phase Roofing $ - Built Solid Construction, LLC $ 41,405.00 YES Citywide Construction Services, Inc. $ - CJ Contracting, LLC $ Cordoba Construction Co. $ No Bid Donclay Construction, Inc $ No Bid Grelite Corp. $ JIJ Construction Corp. $ Ray Graeve&Sons Construction, Inc. $ No Bid South Florida Construction Services, Inc. $ 30,570.00 YES SRJ Construction Corporation $ - Starmark Properties Inc. $ - In-House Estimate: $ 32,593.75 RECOMMENDED CONTRACTOR: South Florida Construction Services, Inc. BID/CONTRACT AMOUNT: $ 30,570.00 5%Contingency $ 1,528.50 $ 32,098.50 Lead Inspection 425.00 Lead Clearance N/A Termite Inspection N/A Termite Treatment 702.00 Recording Fees 19.10 GRANT CONTRACT AMOUNT 33,244.60 FUNDING SOURCE: Community Development Block Grant(CDBG) Account# 118-1963-554-49.19 COMMENTS: Staff recommends awarding to lowest responsive bidder qui saps poi •'�✓a �p/pyS�p� CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD 0000_ ooLoo_ 000LoCDLoCD_ o0 0 m (D 00 00 O N 00 I— 00 M LCA c0 N O N I— O(� M -- (= N 00 6) O I— 00 Cl) CO LCA LCA CD N - 6) LCA U — CO N LCA —7 N N O Cl) S(/p pi7 0 E 01) ✓ts 0 O p� v) 0 e90 0� aD `7 E zlo, , o 0/ 410 o0000000000000000000 C0 om000000c`0000tiLO LO NNONtitioLO o N 61 LCj 00 � C" C" LO (V — -D � 6) — 61 CV � CV (V — — 00 N N — c0 � (V N 613 EFJ ell 031 031 031 031 031 Qf EFJ EFJ 6c> 6c> EFJ 6c> 69- 6c> EFJ 6c> 6c> Ef3 asap 'n O O O N 0 0 0 0 -) 6 0 0 0 0 0 0 0 0 ti a> / Q- O t k0 00 O v7 " N v7 O v7 LC) O O LCA LO O (') O l- V7 M V7 00 O N N " N � �--� � LO N N ti O LO L > 0 d t 0 v7 Q O N M O co Q o Ln - t -� -� M N N -� cL j = N O CN CNO O 4t 45 Z N CO co M 64 64 64 64 64 64 64 64 64 64 64 64 64 64 Et} Et} Et} Et} Et} Ef} Ef} W L O O O Z O 'C _N _ CU LLIfix oo Z) (n W O L L LL .V Q m N w Z Q °� � � � � y cLU M >� ~ � � � Z O W o a � W � � U � Z �° � > > Qw � w 0 0 0 Q 04 7U 70 5 CL O OL O N (`') t LO CO V- OO 6)JCD — N 1 C-) � LCA 62 O N N N N STATE HOUSING INITIATIVES PARTNERSHIP MEMORANDUM OF UNDERSTANDING TO: Pearline Bellamy FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: State Housing Initiatives Partnership Program Housing Rehabilitation Forgivable Loan Award According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of$33,182.70 for the rehabilitation of your home. This forgivable loan amount includes a 5% contingency amount above the actual contract price which may be used for change orders. All contractor draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 12-443 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 221 SW 15th Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of . The notice establishes that the work be completed within sixty (60) days of permit issuance Please acknowledge receipt of this Notice to Proceed as provided below and return the original signed copy to the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the tentative completion date on: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOUSING REHABILITATION AGREEMENT APPLICANTIOWNER: Pearline Bellamy ADDRESS: 221 SW 151h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 6, PALACINO PARK, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, page 120, together with all furnishings located therein. PID#12-43-46-17-30-000-0060 CASE NO: 12-443 I do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division State Housing Initiatives Partnership Program to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting,supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign-off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2030. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of$20,000 to$37,000),the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Thirty-Three Thousand One Hundred Eighty-Two Dollars and 701100 Cents ($33,182.70) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Date Co-Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20 _by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION PROGRAM CONTRACT THIS AGREEMENT made this day of 2015, by and between Cordoba Construction Co., Inc., herein after called the"Contractor" and Pearline Bellamy hereinafter referred to as the"Owner(s)". WHOSE residence and project address is: 221 SW 151h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 6, PALACINO PARK, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, page 120, together with all furnishings located therein. PID#12-43-46-17-30-000-0060 WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2-The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Thirty Thousand Four Hundred Forty Dollars and 001100 Cents($30,440.00) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5-The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications g. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 -Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT ARTICLE 8 -Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. Owner Signature Contractor Signature Owner Signature Contractor Firm Name ATTEST: -4- CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE#: BID#01-2015NS APPLICANT: Pearline Bellamy PROJECT ADDRESS: 221 SW 15th Avenue DATE OF BID LETTERS: April 15,2015 DATE OF BID OPENING: May 11,2015 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation $ No Bid All Phase Roofing $ - Built Solid Construction, LLC $ 40,300.00 Yes Citywide Construction Services, Inc. $ - CJ Contracting, LLC $ 40,780.00 Yes Cordoba Construction Co. $ 30,440.00 Yes Donclay Construction Inc. $ 29,916.00 No IQ Constructions Inc. $ 45,489.00 Yes JIJ Construction Corp. $ - M&A Builders, LLC $ - Ray Graeve&Sons Construction, Inc. $ 34,020.00 Yes South Florida Construction Services, Inc. $ 33,475.00 Yes SRJ Construction Corporation $ - Starmark Properties Inc. - In-House Estimate: $ 33,259.92 RECOMMENDED CONTRACTOR: Cordoba Construction Co. BID/CONTRACT AMOUNT: $ 30,440.00 5%Contingency $ 1,522.00 $ 31,962.00 Lead Inspection 425.00 Lead Clearance - Termite Inspection - Termite Treatment 776.60 Recording Fees 19.10 GRANT CONTRACT AMOUNT 33,182.70 FUNDING SOURCE: SHIP Account# 118-1924-554-49.19 COMMENTS: Staff recommends awarding project to the lowest responsive bidder 00000000000000000 C/o 00 OOOOOOUTO0uTO0uT0000 uT O 00 LO � O LO � LO M 00 00 N 00 � 'l�OLO M O n O O M a0 M I� 00 I� Cl) Cl) V V � V I� N O V U I— — M V N N M (/ Cl) S(/ps00� 00000000000000000 0 �'a S o000LOC) L C) LOCD00LOCDL LOCO O Baa OO OOI— uT I— O co co 001-- OI-- N O N JC1 a0 N M co M r— V I— M V (O N co a0 I-- N LQ O I-- N co IX) N N V V' M j ER fR fR ER ER ER es fA EA EA ER EA EA H>H>EA EA EA fA S'410 OOOOOo00000000000 O /7J�S - - - - - - - - - - - - 0000 o O ovco (�ir m!o! coo oioi �_ uicoao m (O O O O I— M co N M - N O M V M V (V co V M I— LO O (V co (O V 00 O V N I-- N N LO � — � — M In oo «iIi000ui00000 (oo «iCD co O 0 0 (V I— co O LO I-- O (S O V ((T — ((T co O) (O O '- I— L(T LO f-- V V M (O V I— M (D O) co V (V M N (j OHO' 6s Ge'ER 6s eR ER 6r>16r>er> .R ER ER ER 6s ER ER eR eR eR /,�,�j�J,�s�O� 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9010 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O uT uT O O O o 0 0 0 o v o v O^ M S M co M O r— (V V V("! I— N co N �_ V V — (0 N M V (V N O M ............61n,ER ER. R fR fR ER ER 00000000000000000 O O O O O O O O O O O O O O O O O O O O� O O O O O O O O O O 66 O O O o 0 0 1 O O O O O a0 O O N a0 0 0 0 0 0 0 0 co V 0 0 (O O I— M 0 (V O M 00 I— LQ r--:, (V M '() (V — V (V (V O �` r V / KT EReS KTKTKT fA E!>ERfA H>EA ER H>EA ER EA EA(fT A��J�SGO� 00000000000000000 0 S 0 0 0 0 0 0 0 0 uT uT O 0 uT O 0 uT 0 O U') O O OU') O O N N O O 00 O O N O O O O CCL LQM M O O CO(O (O O (V �_ M (V O M (V — U') (V (V OV °9aJp p ( ERR EER ER ER ER ER ER ER ER ER ER ER ER ER ER (RR ( Jp R bass/4�0CD o CD E � a O O O O O N O O O O O O O O O O O N OOOa0000000000000 rn S�7 «iov (DLOa) LOLOLiuiooui000 «i 0') M V I� O � Cl) M V I— M LO (V M N N I� — (V — V V N N Cl) Z > > Cl) n m < o m0 0 N N 3t U)m d N Q cG EA EA ELT ER d>d>ER d>ER d>(A ER d>d>d>d>d> d> � Q � L Q 0 m m C Q o o U (D o E o (D -F Y C� ow � LU o � m > � c M � 'o Y c 2 - ) W w 0 >� Of MJCO m ~ C Un m m �_ z rri � :�. )LC (D U) > mMc04 ( LU M m � M W � e c �x m Oco > o m mUYHm Eo Wxa� w O 0 2 0 0 o in in LU in O m m Cin in in M U in m O in m m O Q m m d I ofQ�lui —C:I c I c I c Ic U N M V In (O I— W (- O ; (V M V ((T c0 I� W OWNER'S CERTIFICATION OF COMPLETION AND COMPLIANCE WITH REHABILITATION CONTRACT, SPECIFICATIONS AND CHANGE ORDERS This is to certify that Pearline Bellamy, Owner of property; located at 221 SW 15th Avenue Delray Beach, FL 33444, do state that the City of Delray Beach Housing Rehabilitation Program, through Cordoba Construction Co., Inc., Contractor, has completed to satisfaction all outlined repairs and services called for in the rehabilitation contract and any subsequent Change Orders. I/We further state and certify that to the best of our knowledge all the repairs and services called for in the above mentioned rehabilitation contract and any subsequent Change Orders have been completed in compliance with the City of Delray Beach Housing Rehabilitation Program specifications. I/We certify that all obligations undertaken by the City of Delray Beach Housing Rehabilitation Program have been fulfilled. Further, the City of Delray Beach Housing Rehabilitation Program is under no obligation to provide additional repairs, improvements or services. I/We further certify that Cordoba Construction Co., Inc., shall be under no further obligation to provide additional repairs, improvements or services other than those provided under the one (1) year warranty guarantee called for under the original contract agreement by and between Cordoba Construction Co., Inc., Contractor, and the City of Delray Beach Housing Rehabilitation Program. I/We hereby agree to notify promptly the above listed Contractor and the City of Delray Beach Community Development Division of any defects in workmanship or materials provided in the above mentioned contract and subsequent Change Orders which may become evident during the warranty period. I/We further state that this certification is given freely of our own volition. (Owner) (Date) (Owner) (Date) - 1 - CITY OF DELRAY BEACH CERTIFICATE AND RELEASE CONTRACT ENTERED INTO THE DAY OF 2015 BETWEEN Cordoba Construction Co., Inc., AND Rosetta Sands, Owner FOR THE REHABILITATION OF RESIDENTIAL PROPERTY AT 221 SW 15th Avenue Delray Beach, FL 33444 LOCATED IN THE CITY OF DELRAY BEACH, FLORIDA. LEGAL DESCRIPTION: Lot 6, PALACINO PARK, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, page 120, together with all furnishings located therein. PID#12-43-46-17-30-000-0060 KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the Owner to the Contractor under the Contract and duly approved Change Orders and modifications the balance of$ 2. The undersigned further certifies that all work required under this Contract including work required under Change Order Number has been performed in accordance with the terms thereof, and that there are no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract. 3. That in consideration of the payment of the amount stated in paragraph 1 hereof, the undersigned does hereby release the Owner from any and all claims arising under or as authorized by this Contract and duly approved Change Orders. IN WITNESS WHEREOF, the undersigned has signed this instrument this day of , 201 . Affiant further states that the matters and things stated therein are, to the best of his/her knowledge and belief, true. Contractor Signature STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, this day of , 201 by who personally appeared (known) to me or who produced # as identification and who did (did not) take an oath. Signature of Person taking Acknowledgement Stamp &Serial No. Name (Type/Print or Stamp) Notary SEAL - 2 - WARRANTY FOR REHABILITATION Reference is made to Section 129 and 130 of General Conditions as incorporated into and made part of our Contract dated for the rehabilitation of your property at: 221 SW 15th Avenue Delray Beach, FL 33444. As required thereby in connection with the performance of work under the Contract, you are advised that I warrant that all materials, fixtures and equipment furnished by me and my subcontractors were new and of good quality and of good title. Should any defects appear within a year from the date of the final acceptance which occurred on , and should such defects be caused by faulty materials, fixtures, equipment or work, I shall promptly remedy these defects and pay for any damage to other work resulting therefrom. It is requested that you give notice to observed defects with reasonable promptness. A separate guaranty is being furnished for each of those facilities specified to be guaranteed in the General Conditions. Contractor Signature Contractor Firm Name Date - 3 - STATE HOUSING INITIATIVES PARTNERSHIP MEMORANDUM OF UNDERSTANDING TO: Tensy Collot FROM: Ferline F. Mesidort, Neighborhood Services Administrator DATE: SUBJECT: State Housing Initiatives Partnership Program Housing Rehabilitation Forgivable Loan Award According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of$34,659.10 for the rehabilitation of your home. This forgivable loan amount includes a 5% contingency amount above the actual contract price which may be used for change orders. All contractor draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 13-472 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 508 SW 6t"Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of . The notice establishes that the work be completed within sixty (60) days of permit issuance Please acknowledge receipt of this Notice to Proceed as provided below and return the original signed copy to the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the tentative completion date on: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOUSING REHABILITATION AGREEMENT APPLICANTIOWNER: Tensy Collot ADDRESS: 508 SW 6th Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 12 Block 3, ROSEMONT GARDENS, Plat Book 29, Page 101 PID#12-43-46-20-31-003-0120 CASE NO: 13-472 1 do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division State Housing Initiatives Partnership Program to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting,supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign-off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2030. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of$20,000 to$37,000),the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Thirty-Four Thousand Six Hundred Fidty-Nine Dollars and 101100 Cents ($34,659.10) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Date Co-Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20 _by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION PROGRAM CONTRACT THIS AGREEMENT made this day of 2015, by and between Cordoba Construction Co., Inc., herein after called the"Contractor" and Tensy Collot hereinafter referred to as the"Owner(s)". WHOSE residence and project address is: 508 SW 61hAvenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 12 Block 3, ROSEMONT GARDENS, Plat Book 29, Page 101 PID#12-43-46-20-31-003-0120 WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2-The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Thirty-One Thousand Six Hundred Sixty Dollars and 001100 Cents($31,660.00) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5-The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications g. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 -Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT ARTICLE 8 -Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. Owner Signature Contractor Signature Owner Signature Contractor Firm Name ATTEST: -4- CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE#: BID#01-2015NS APPLICANT: Tensey Collot PROJECT ADDRESS: 508 SW 6th Avenue DATE OF BID LETTERS: April 15,2015 DATE OF BID OPENING: May 11,2015 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation $ 39,005.00 Yes All Phase Roofing $ - Built Solid Construction, LLC $ 40,615.00 No Citywide Construction Services, Inc. $ - CJ Contracting, LLC $ 44,610.00 Yes Cordoba Construction Co. $ 31,660.00 Yes Donclay Construction Inc. $ 30,910.00 No IQ Constructions Inc. $ 56,189.00 Yes JIJ Construction Corp. $ - M&A Builders, LLC $ - Ray Graeve&Sons Construction, Inc. $ 33,935.00 Yes South Florida Construction Services, Inc. $ 32,210.00 Yes SRJ Construction Corporation $ - Starmark Properties Inc. - In-House Estimate: $ 30,493.25 RECOMMENDED CONTRACTOR: Cordoba Construction Co. BID/CONTRACT AMOUNT: $ 31,660.00 5%Contingency $ 1,583.00 $ 33,243.00 Lead Inspection 425.00 Lead Clearance - Termite Inspection - Termite Treatment 972.00 Recording Fees 19.10 GRANT CONTRACT AMOUNT 34,659.10 FUNDING SOURCE: SHIP Account# 118-1924-554-49.19 COMMENTS: Staff recommends awarding project to the lowest responsive bidder oG�sa o000000000000000 0 Jp/y O0 LO00LOLO000LOLOLO00LO0O o_ V O LO 00 LO O Ir-- (V V LO V I— M V 'l�Oa0 n (O O M O M M (O V M I� (O V I— V O N N U O — LO N N NN � M ER eR eR eR eR eR ER eR eR ER eR ER eR 6.9eR eR ER eR S(/ps00(7 0000000000000000 0 a S 0 0 0 LO LO LO 0 LO � 0 0 0 0 0 0 0 U')Baa Lo O O r2 r— r2 Lo r— co U') O CD IX) O O M JC1 I— r- a0 a0 CO O N Lo MU') L LQ CO O N O V49 O V N N N N M V co ER ER fR EA fR fR es fA EA es 6S EA EA EA ER EA fR ER CD CD CD CD CD CD CD CD CD CD SO% p� CD CD � CN CN 000vcoc000ivvo (D00LO of (O N (O (O co a0 O O V N M I-- r— co O M N M M (O (O cV 0 Lo (O S O N N M O N U') U') CO I-- — CO CO (O //SUp0 - oo � or- 0000c000000 0_ O N (O N CO CO N CO CO V — 0 0 0 O L C'!a0 O) V CO O N M V a0 (O O M co O co (j OHO' 6s c»c»6s 6rs c»c»6rs c»c»c»c»c»c»c»c» �61) O O O O O O O o 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 4opJ o00000000000000o O O O O CD IX) O O In O O O O N O O V co O^ O cV (O (O (O (O M V V (O � Ol --L I— O V N 00 N V N N N N M ER EA fA fA EA fA fA 6s fR fR fR fA fA EA EA fA fA fA 141 OOOOOo0000000000 O / O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 O O� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 O O O O LO O O O ao 0 0 0 0 0 0 ao V CO O O O I-- O O (V (O O) L a0 O) cV (O V � V (V CO M — M — V V 1 d>ER ER ER ER ER fA 6P,ER fA fA EA ER fA EA ER EA EA IS�O� 0000000000000000 0 S In 0 0 0 0 0 0 0 In In 0 0 0 0 0 0 00 CD CD 00 a0I— NO0o0oLO (O � L a0 (O LQ V CO M M M U (O cV ; M � cV N N N OV O92Jp p,J e>d>6s(f3 Ef3(f3 d>(f3 .f 6>6f 6s U>U>d>U> (f3(-> Tassi4�0 0000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IX) O LO (O O N O O O O V O MU') O O LO I� M M M Cl O of CO CO (O O) I— M CO O M cN — I— N (V O) M fA fA ER 6r3 613 6A,6>613 6-3 6->es es ER ER H>Ef? ER fA 19S,17 O O O O H O O O O O O O O O O O In O O O O N O O O O O O O O O O O N S17Oy 000 OOc�iu) u) � 00 � 0I ri �/ LO O co N O CN U') N I— I-- 0 0) cV 0 I� O N N M O V I� O CO O O) CO (O O V a0 V cV cV O c M Z > LO Q LO LO CD0 U O N N O i �j Lo CO OD 00 H Q cG (A(A EJ>ER 6>H>ER H>EA H>(A ER H>H>H>H> d> 0- Z5 O O O O Q U i 7 O O ~ _ E !n O O �i O E U (6 ~ O (n C � O O O LL W Z W (6 ()fE U) U7 W m M F O O U — � ?M C: ' O � i QU !n J W W ~ Z QE fl- .O U .- L Y¢ X O (6 (6 O - U1 H 00 — W O vi > w � U U [oU c � Y � a) (D E� w LU o a — — - - — — U— z Q O m m m m m m Q� m QQ� m QQ 0 2 0 0 o in in in in in in .� � win m O Q m m c c c c c c a- ( c cQ� Q� U c Of0� (O I� i MEMORANDUM W TO: Mayor and City Commissioners FROM: Edward DeMicco, Risk Manager THROUGH: Jack Warner, Chief Financial Officer Donald C. Cooper, City Manager DATE: June 11, 2015 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF JULY 14,2015 EMPLOYER MUTUAL INC./RATIFICATION OF DECISION FROM CITY MANAGER FOR EMERGENCY PURCHASE OF LIABILITY INSURANCE BACKGROUND The City has five liability insurance policies that renew annually in early June: Skate Park Liability(annual premium $ 12,845) Skate Park Excess Liability ($ 7,500) Railroad Crossing Liability($ 20,000) Railroad Crossing Excess Liability ($ 7,500) General Liability for the Women's Club ($ 500). Consistent with industry practice, coverage is placed through the City's property and casualty insurance broker, Employers Mutual Inc. DBA Ascension Benefits and Insurance Solutions. Ascension, in turn, accesses this type of surplus lines coverage through the carriers' designated wholesale broker, American Wholesale Insurance Group, Inc. (AmWINS). AmWINS solicited quotes on each policy from insurance companies known to write these specialized coverages. Detail of the bid process and responses are shown at Attachment 1. Each renewal was awarded to the lowest priced carrier. DISCUSSION Normally, each of these less than $ 25,000 annual premium acquisitions would be authorized at the department head or city manager level, in compliance with Code Sections 36.02(B) and (C)(2). In this case, the carriers' arrangements with AmWINS require payment through Ascension rather than to each individual carrier. The $ 500 premium Women's Club acquisition was in compliance and was completed. Purchasing disallowed the $47,845 payment for the remaining four policies as being not in compliance with Section 36.03(B) - Multiple Acquisitions from Vendor Exceeding $25,000 in any fiscal year. In order to maintain coverage and avoid the risk of significant loss, the City Manager approved the four remaining policy renewals as an emergency purchase under code section 36.02(C)(5). (See attached June 11, 2015 memo. Note that the total amount shown on the June 11 memo is incorrectly shown as $47,845.99 rather than the correct amount of$ 47,845.) At this meeting we are requesting Commission ratification of the Manager's June 11 emergency acquisition of services, in the amount of$ 47,845, in compliance with Code section 36.02(C)(5). TIMING OF THE REQUEST Code section 36.02(C)(5) requires that the Commission ratify an emergency acquisition as soon as practicable. FUNDING SOURCE Funded from account 551-1575-591.45-90, after budget transfer. RECOMMENDATION That the Commission approve, by motion, the City Manger's June 11 approval of the emergency acquisition of four insurance policies with total annual premium of$ 47,845. PDFConvert.24845.1.Attachment 1 Insurance bid detail 07.02.15.docx Skate Park General Liability Burlington Insurance Co.(current) Quoted: $12,845 Annual (Parent: IFG-InternationalFinance Group) Evanston Insurance Co. Declined due to higher minimum (Parent: Markel Corp.) premium $15,000 Century National Insurance Co. Declined as unable to compete with (Parent: Kramer Wilson Co.) current premium Kinsale Insurance Co. Declined as unable to compete with (Parent: Kinsale Capital Group) current premium RLI Indemnity Co. & Declined due to higher minimum Mt. Hawley Insurance premium $20,000 (Parent: RLI Corporation) Rockhill Insurance Co. Declined due to higher minimum (Parent:State Auto Mutual premium $20,000 Insurance Co.) National Indemnity Co. Declined due to higher minimum (Parent: Berkshire Hathaway) premium $15,000-$25,000 Annual Skate Park Excess Liability James River Insurance Co.(current) Quoted:$7,500 Annual (Parent:James River Group Holdings, Ltd.) Landmark American Insurance Declined as unable to compete (Parent:Alleghany Corp.) minimum premium$10,000- $12,000 Covington Insurance Co. Declined as unable to compete (Parent:Alleghany Corp.) minimum premium$10,000- $12,000 Burlington Insurance Unable to compete on Excess (Parent: IFG- Intl Finance Group) minimum premium$12,000 Railroad General&Excess Liability Landmark American Insurance Co. Quoted: (current carrier) General Liability:$20,000 Annual (Parent:Alleghany Corp.) Excess Liability:$7,500 Annual Colony Insurance Co. Declined for underwriting reasons- (Parent:Argo Group International unable to offer coverage for railroad Holdings, Ltd.) exposure Kinsale Insurance Co. Declined for underwriting reasons- (Parent: Kinsale Capital Group) unable to offer coverage for railroad exposure Markel Insurance Co. Declined for underwriting reasons- (Parent: Markel Corp.) unable to offer coverage for just operations of railroad crossings Verlan Fire Insurance Declined for underwriting reasons- (Parent: Hanover Insurance Group) unable to offer coverage for railroad exposure Berkley Insurance Co. Declined-not a market for sole (Parent:W.R. Berkley Corp.) railroad exposure Landmark American Insurance Co. Declined for underwriting reasons- (Parent:Alleghany Corp) unable to offer coverage for railroad exposure RECEIVED JUN 1 1 2015 CITY 11/I,�NACE MEMORANDUM TO: Donald Cooper, City Manager FROM: Edward DeMicco, Risk Manager £•�• THROUGH: Shirley O'Neal McKennon, Human Resources Manager —�-,/ DATE: June 11, 2015 SUBJECT: Payment of LiabilitV Renewal Invoices Per our Discussion,this is a request for emergency approval due to time constraints, in paying annual renewal invoices for liability insurance at various locations. Currently, the premiums are invoiced from Ascension Benefits(our insurance broker) rather than a direct billing from the insurance companies. We have four invoices for policies that have a renewal date of June 5, 2015. Purchasing ordinance No29-13, Chapter 36.02 (B) requires approval from the City Commission for payment of individual invoices that total over$25,000 from the same vendor. The combination of all four invoices exceed $25,000. Human Resources/Risk Management will bring this issue for Commission approval at the Commission meeting scheduled for July 7, 2015. The invoices to be paid are as follows: • Skate Park liability renewal— $12,845.00 • Skate Park excess liability renewal -$7,500.00 • Railroad Crossing liability renewal -$20,000.00 • Railroad Crossing excess liability renewal -$7,500.00 TOTAL-$47,845.99 We are asking approval to pay these invoices. Thank you. /rc Attachment cc: Holly Vath, Chief Purchasing Officer 16 6-4 Approved 1 Donald Cooper, City Manager i Cox, Robin From: Regina Lucente <RLucente@ASCE:NSIONINS.COM> Sent: Tuesday, June 02, 2015 1:38 PM To: Cox, Robin Subject: FW: Renewal Marketing-General Liability coverage for Skate Park and Railroad Crossing I Regina Lucente, CIC, CRIS, CPIA Account Manager y� Ascension Benefits & Insurance Solutions A c o p�f � I�y i 700 Central Parkway, Stuart, FL 34994 800-431-2221 office 1 772-919-8565 direct 772-287-1387 fax 1 ascenslonins.com rlucente@ascensionins.com From: Regina Lucente Sent: Thursday, May 21, 2015 3:48 PM To: DeMlcco, Edward (demicco@mydelraybeach.com) Cc: Regina Lucente Subject: Renewal Marketing- General Liability coverage for Skate Park and Railroad Crossing Dear Eddie: I wanted to provide you with a summary of our marketing efforts to secure renewal quotes for the Skate Park & Railroad Crossing General Liability policies for renewal term 6/5/15—6/5/16.The premium quoted for the Railroad Crossing Liability is the same as last year with the current carrier, Landmark American. As for the Skate Park,the premium went up slightly through the current carrier, Burlington Insurance; however we were able to negotiate in coverage for Abuse & Molestation which the carrier initially wanted to exclude. The following is a list of carriers we submitted to for quotes and their responses: CARRIER RESPONSE Evanston Insurance Co. Declined, minimum premium would be higher Century National Insurance Co. Declined, Unable to compete with current pricing Kinsale Insurance Co. Declined, Unable to compete with current pricing RLI Indemnity Co. Declined, minimum premium would be higher Rockhill Insurance Co. Declined, minimum premium would be higher Mary will email you the Terrorism election or rejection forms which need to be signed. Please let me know if you have any questions or if I can assist further in any way.Thank you. Regina Lucente, CIC, CRIS, CPIA AV Account Manager AAscension I� d' g i� Ascension Benefits & Insurance Solutions sc io1 Im 700 Central Parkway, Stuart, FL 34994 800-431-2221 office 1 772-919-8565 direct 772-287-1387 fax I ascensionlns.com rlucenteCaascenslonins.com 1 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 8, 2015 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF JULY 14,2015 AMENDMENT NO. 1 TO TRI-PARTY INTERLOCAL AGREEMENT REGARDING THE OLD LIBRARY SITE AND CHAMBER OF COMMERCE RELOCATION AGREEMENT BACKGROUND At the July 7, 2015 City Commission meeting, the Commission directed the City Attorney to prepare a revised First Amendment for the above-referenced agreement. More specifically, the Commission asked that this amendment be narrowly drafted solely for the purpose of addressing the City and CRA's agreement to amend the payment schedule. The Commission will recall the payment schedule is being amended to recognize an additional one million dollar payment to the City for this fiscal year. This is in addition to the regular annual installment due. The Finance department has advised that this will result in the City receiving the full $2.27M principal in six years rather than the originally scheduled 10 years. It will also result in an interest savings for the CRA of approximately$201,000. RECOMMENDATION Motion to approve Amendment No. 1 to the Triparty Interlocal Agreement between the City, the Community Redevelopment Agency (CRA) and the Greater Delray Beach Chamber of Commerce relative to the Old Library Site and Chamber of Commerce relocation. AMENDMENT TO TRIPARTY INTERLOCAL AGREEMENT This is a First Amendment to the Triparty Interlocal Agreement regarding the Old Library Site and Chamber relocation ("First Amendment") dated this __, day of 20159 by and between the City of Delray Beach, a Florida municipal corporation, (the "City"), the Delray Beach Community Redevelopment Agency, a body corporate and politic, created pursuant to Chapter 163, Florida Statutes, (the "CRA"), and the Greater Delray Beach Chamber of Commerce, Inc., a Florida non-profit corporation (the "Chamber"). WITNESSETH: WHEREAS, the City, the CRA, and the Chamber entered into the Triparty Interlocal Agreement regarding the Old Library Site and Chamber relocation dated March 8, 2013 (the "Original Agreement"); and WHEREAS, the Original Agreement was recorded on July 3, 2013 in Official Record Book 26155,Page 1377 of the Public Records of Palm Beach County, Florida; and WHEREAS, the City, the CRA, and the Chamber desire to amend the payment schedule for payments to be made by the GRA to the City; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: I. The recitations set forth above are hereby incorporated herein. 2. Notwithstanding anything in the Original Agreement to the contrary, the CRA and City agree to amend the repayment schedule for the "Release Price" in accordance with the payment schedule attached hereto and made a part hereof, as Exhibit"A". 3. All other terms and conditions of the Original Agreement not in conflict with this First Amendment remain unchanged. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Chevelle Nubin, CMC, City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney ATTEST: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Jeff Costello, Secretary By: Herman Stevens, Chair ATTEST: GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC. Byti Secretary __,President Co to co N uo O 0wsc%jCb4300 Q cp cp CD co1� F� WNqr d N W CO r CD hl'� Ct3NLON N O W Cfl t7 c- 6F3 Ela d N wwC? WNP- 0) QP- Q rN (0 V OD m CC) N N (D et 0 C7f C7 --cr co qw I- 2 rltO CDr N 1x 601 s r , !A� C-19A Ef3 ct r- h• rll � � 1a .w.. QO N.. C7 L7 CT7 m r` N f- Cf0 C7 CO MCc7Lnh W q q I(Vi co IT C) [- CC) Cif C7 V V40 N �— NNt1f Nr- C? c*7 Q W cA 00 L401CV f 1, a N 07 - N EO V r- mmNco C10 p CCy cA cs <Q CEJ � P- CO QY �-- �Cf3 b9 �} tg CO ch 1M Imo• M 04 qp ( CD (K) v- C) T- 69. fA iNA 4*G9 W C\I CD C3 GD cCO N 'SC � WOM CD I 0) NU') I-CCS? co r� o N N N N N © d 03 � 6N0 � � 1 7 NNcCcmmNNN N mtWDCDw V) N NCV49 64 CV NNS �- NMN' a000 C C a a wl wU) ILO l- OD0) CO Cif CO O N M S g co CU CD 8 C Cb i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: July 8, 2015 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF JULY 14,2015 DESIGNATION OF A VOTING DELEGATE BACKGROUND The 89th Annual Conference of the Florida League of Cities will be held at the World Center Marriott in Orlando, Florida on August 13-15, 2015. 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 Frankel 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. .0sUE op Ah ANIN,-4 Pi 301 South Bronough Street®Suite 300« P.C.Box 1757 Tallahassee,FL 32302-1757. (850)222-9684 e Fax(850)222-3806®vvvvw.floridaleagueofcitiescom TO: Municipal Key Official FROM: Michael Sittig, Executive Director DATE: May 20, 2015 SUBJECT: 89th Annual FLC Conference—Florida Cities: A Public Conversation VOTING DELEGATE INFORMATION August 13-15, 2015 — World Center Marriott, Orlando As you know, the Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 13-15. This year the theme for this year's conference is Florida Cities: A Public Conversation, which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. Voting delegates will also adopt the FLC 2016 Legislative Action Agenda because the 2016-Legislative-Session will begin early-next year.-One-official - from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2014. Conference registration materials will be sent to each municipality in the month of June. Materials will also be posted on-line. Call us if you need additional copies. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than August 7, 2015. Attachments: Form Designating Voting Delegate President Matthew D.Surrency,Mayor,Havvthorne First Vice President Susan Haynie,Mayor,Boca Raton ® Second Vice President Vacancy Executive Director Michael Sittig . General Counsel Harry Morrison,Jr. 89th Annual Conference Florida League of Cities, Inc. August 13-15, 2015 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Fax to Gail Dennard at (850) 222-3806 or email gdennardWIcities.com i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: July 9, 2015 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF JULY 14,2015 DISCUSS THE FLORIDA LEAGUE OF CITIES'MUNICIPAL OFFICIAL LIFETIME ACHIEVEMENT AWARD BACKGROUND This item is before Commission to discuss the nomination of an elected official for the "E. Harris Drew" Municipal Official Lifetime Achievement Award, which is sponsored by the Florida League of Cities. The name of the city official chosen to receive the award will be announced at the opening general session of the FLC Conference on August 14, 2015 in Orlando, Florida. TIMING OF THE REQUEST Nomination forms must be completed and returned to the FLC no later than July 24, 2015. REC.F vE_r- N ori op r�r I JUL U 8 2015 mp � lt' 10A NAGER o s w 301 South Bronough Street•Suite 300• P.O.Box 1757*Tallahassee,FL 32302-1757•(850)222-9684 • Fax(850)222-306•www,ftoricialeagueofcities.com TO: City Managers/City Clerks FROM: Michael Sittig, Executive Director DATE: July 3, 2015 SUBJECT: "E. Harris Drew" Municipal Official Lifetime Achievement Award Enclosed is the official nomination form for the "E. Harris Drew" Municipal Official Lifetime Achievement Award, which is sponsored by the Florida League of Cities. The selected official will receive the "E. Harris Drew Award" at the Annual Conference on August 13-15, 2015. If your city has an elected official who has performed in an outstanding manner and has made an unusual and lasting contribution to the improvement of municipal government and your city wishes to nominate him/her for this award, please fill out the enclosed form and return it to the League by July 24, 2015. All elected municipal officials are eligible for this award, unless they serve on the Award Selection Committee. A screening committee will review nominees and finalists will be submitted to the Board of Directors of the Florida League of Cities for final selection, The name of the city official chosen to receive the award will be announced at the opening general session of our Conference on August 14, 2015. For further information, please contact Linda Bridges at the FLC Office at 1-800-342- 8112 or by e-mail at lbridges@flcities.com Enclosure cc: President Matthew Surrency Vice President Susan Haynie Local/Regional Leagues President Matthew D.Surrency,Mayor,Hawthorne First Vice President Susan Haynie,Mayor,Boca Raton - Second Vice President Vacancy Executive Director Michael Sittig - General Counsel Harry Morrison,Jr. i R, HARRIS DRRW"MUNICIPAL OFFICIAL LIFETIME, ACHIEVEMENT AWARI1 This Annual Award is named the "E. Harris Drew Award" in memory of Florida Supreme Court Justice E. Harris Drew who authored the League's motto, shown below, when he was active in the Florida League of Municipalities in the 1940s. and early 1950s. When he was appointed to the Supreme Court in 1952, he was serving as the first vice president of the League. In 1923, soon after he was admitted to the Florida Bar, he was named Town Attorney for the Town of Palm Beach and quickly became active in the affairs of the League. He expressed a continuing interest in local government throughout his career, which was highlighted by his service as Chief Justice of the Florida Supreme Court. Justice Drew died in 1975 of complications resulting from accidental injuries received while assisting a stranded motorist. This prestigious award was established by official action of the Board of Directors of the Florida League of Cities in 1978 and has been awarded annually to the outstanding city official who has been selected as the "Municipal Official of the Year." In 2003, the E. Harris Drew Award has been changed, by official action of the Board of Directors, to recognize a municipal official annually for "lifetime achievement." "LOCAL_ SELF-(oVEU ENT KEYSTONE.OF AMERICAN DEMOCRACY"' FLORIDA LEAGUE OF CITIES' "E. HARRIS DREW" MUNICIPAL OFFICIAL LIFETIME ACHIEVEMENT AWARD 1) PURPOSE: This award, sponsored by the Florida League of Cities,will recognize and honor a local elected official who has made a lasting and worthwhile contribution to the citizens of Florida through their efforts and dedication in the performance of their duties on the local level,thus fulfilling the League's motto, "Local Self-Government—Keystone of American Democracy." 2) METHOD OF SELECTION: Each year an honoree will be chosen from the nominations received by a selection committee of three appointed by the President of the League. The selection will then be announced at the Annual Conference and appropriate honors will be bestowed. The process will then be repeated each succeeding year. A permanent plaque will be placed in the League office and the name of each year's recipient of the E. Harris Drew Award will be added. The plaque will have space for twenty names. 3) NOMINATION PROCEDURE: Nominations may be made by any member city and must be submitted by July 24,2015. Each nomination must be made on the approved form and must be signed by two elected officials from that city. 4) CRITERIA: The Board of Directors has approved recommended criteria to be used as a guide for evaluating the nominees: a) 60% - service to their city 20% -service to their regional local league 20% - service to the Florida League of Cities b) Contributions to service shall be defined as: I) total years of elected service 2) offices held 3) programs initiated 4) accomplishments c) Municipal resolutions or personal letters of support will not be included in the evaluations. 5) WINNERS WILL RECEIVE: 1) A 1 oz. American Eagle Gold Coin 2) A wall plaque suitably inscribed 3) A neck ribbon/medallion,which may be worn at all gatherings of municipal officials 4) Suitably inscribed plate on permanent plaque located in the League headquarters office 5) Full page announcement in QUALITY CITIES magazine. 6) NOMINATIONS SHOULD BE SENT TO: Selection Committee "E. Harris Drew Award" Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 OFFICIAL NOMINATION FOR"E. HARRIS DREW"MUNICIPAL OFFICIAL LIFETIME ACHIEVEMENT AWARD Sponsored by the Florida League of Cities THE UNDERSIGNED ARE PLEASE TO NOMINATE: NAME (must be an elected official) TITLE CITY ADDRESS For Florida's Municipal Official Lifetime Achievement Award NUMBER OF YEARS OF SERVICE SUPPORTING STATEMENT(Should include the nominee's outstanding qualities in performing the duties of his/her position(s)with your city. It should also include other significant offices,honors, and awards he/she has received in connection with his/her service to the citizens of Florida. Please use second sheet if needed.) SUBMITTED BY THE CITY OF NOMINATIONS MUST BE SIGNED BY TWO ELECTED OFFICIALS OF THE CITY: Signature Signature Print Name Print Name Title Title i MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Donald B. Cooper, City Manager DATE: June 19, 2015 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF JULY 14,2015 FISCAL YEAR(FY)2016 PROPOSED MILLAGE LEVY 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 2016. For practical purposes, the proposed millage rate set by the Commission will be the maximum millage rate that can be levied in FY 2016. The Commission can still lower the millage rate at either of the public hearings for budget adoption in September. For FY 2015 the operating millage is 7.1611 and the debt service millage is 0.3028 for a total millage of 7.4639. For FY 2016 the debt service millage will be 0.2756. Staff is recommending a FY 2016 operating millage of 7.1611, which would result in a total millage of 7.4367. This would be the third consecutive year's reduction in the total millage. TIMING OF THE REQUEST The City's tentative millage must be set at this meeting. RECOMMENDATION Staff recommends that the City Commission set a total millage of 7.4367 for FY 2016 (7.1611 for operating and 0.2756 for debt service). 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The DDA current year millage rate is 1.0000. DISCUSSION The item before Commission is to approve a proposed millage rate of 1.0000 for FY 2016. The DDA current year millage rate is 1.0000. The DDA Board will vote on their proposed budget on July 13, 2015. This budget can be made available to the City Commission on July 13, 2015 or handed out at the meeting on July 14th. RECOMMENDATION Staff recommends that the City Commission approve the DDA millage rate at 1.0000 for FY 2016. DOWNTOWN DEVELOPMENT AUTHORITY m Downtown Del rayBeach.com BOARD OF DIRECTORS June 8, 2015 David Cook Chair Hand's Stationers To: Jack Warner, Chief Financial Officer Seabron A.Smith City of Delray Beach Vice-Chairman TED Center RE: Delray Beach Downtown Development Authority Bonnie Beer Meeting—June 8, 2014 Treasurer The Fairfield Inn, DelrayBeach Caffe Luna Rosa Albert Richwagen Secretary Richwagen's Bicycles At the regular Downtown Development Authority (DDA)meeting held June 8, Ryan Boylston 2015 the Board unanimously approved the 1 mil Valuation Assessment request. Woo Creative At the Goals and Budget Setting Workshop was held earlier in the day; and the Vince Canning Shoes was scussebudget approved Mark nklbudget did. The 2015-2016 bud et will broved at the next Frank Frione regular Board meeting to be held on July 13, 2014 then forwarded to the City. GFA international, Inc. The DDA budget is part of the City budget and as such is advertised for public hearing and then forwarded to the City Commission for approval. David Cook, Chair Date cc: DDA Board of Directors Marjorie Ferrer, Executive Director Laura Simon, Associate Director Donald Cooper, Delray Beach City Manager 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 • (561) 243-1077 Fax: (561) 243-1079 III DOWNTOWN DEVELOPMENT AUTHORITY AGENDA DOWNTOWN DEVELOPMENT AUTHORITY Monday—June 8, 2015—12 NOON Fairfield Inn, Delray Beach 1. Call to Order/Roll Call 2. Approval of Agenda—June 8,2015,2015 ACTION 3. Approval of Minutes—May 11,2015 ACTION 4. Approve Financial Report a. Finances of May 2015 ACTION b. Request for 1 Mil ACTION c. WARC Line Items Request—Kristyn Cox ACTION 5. Public Comments—Comments will be limited to 3 Minutes 6. Committee Reports—please limit comments to 3 Minutes; provide written reports before meeting A. Public Safety/Clean &Safe—DB Police Dept B. Pineapple Grove Arts District—Ryan Boylston C. Economic Development—Joan Goodrich D. Parking Management Advisory Board—Albert Richwagen E. Downtown Merchant Advisory Board—Mark Denkler F. Chamber of Commerce—Karen Granger G. Delray Beach Marketing Cooperative—Stephanie Immelman H. City Committees—Construction&SOFA Updates—Marjorie Ferrer 7. City Reports ACTION ITEMS A. Planning&Zoning—Mark McDonnell i. Amendments to Previously Adopted Central Business District Regulations ii. Uptown Atlantic—conditional Use Request iii. Samar Mixed Use—Class V Site Plan iv. S& H Exxon—Conditional Use Modification&Class III Site Plan 8. New Business A. 2015-2016 Goals& Budget Decisions 9. Old Business—None 10. Non-Agenda Items 11. Board Comments 12. Adjournment A light lunch is available for DDA Board Members. The next DDA Board Meeting, Monday,July 13,2015. 85 Southeast 4th Avenue, Suite 1o8, Delray Beach, FL 33483 Tel: 561-243-1077 Fax: 561-243-1079 III DOWNTOWN DEVELOPMENT AUTHORITY DRAFT MINUTES DOWNTOWN DEVELOPMENT AUTHORITY BOARD MEETING Monday—June 8, 2015— 12:00 Noon First Floor Conference Room, Delray Beach City Hall 1. Call to order/Roll Call — 12:00 Noon Members Present: Bonnie Beer, David Cook, Ryan Boylston, Mark Denkler, Frank Frione, Albert Richwagen, Seabron A. Smith Staff: Marjorie Ferrer, Laura Simon, Gail-Lee McDermott, Elaine Angles Guests: Calisha Anderson, Choli Aronson, Keith Beal, Kristyn Cox, Bob Currie, Jose G. Fernandez, Anthea Giannottes, Karen Granger, Lori Hayward, Stephanie Immelman,Jim Knight, Mark McDonnell, Scott Pape, Jacquelyn B. Patrick, Ms. McDermott pronounced the requirements of the Florida "Sunshine Law" regulations and Palm Beach County Commission on Ethics Antitrust, Conflict of Interest compliance requirements. All Board Members confirmed compliance. Chairman invites guests to introduce themselves. 2. Agenda: Changes &Additions M. Ferrer: There are items to add to the Agenda: in New Business, the Special Events Letter, now 8B and the Board election of officers, now 8C. Also, move P & Z Report of 7.A.i. the LDR Amendments to follow the Public Comments. G-L. McDermott: There is an item coming off the Agenda: 7.A.iv. S & H Exxon. ACTION — Motion to approve the Amended Agenda: A. Richwagen; 2nd: F. Frione. Motion carries unanimously. 3. Minutes for May 11, 2015 ACTION — Motion to approve the Minutes as presented: F. Frione; 2nd: M. Denkler. Motion carries unanimously 4. Financial Report of May 2015— Bonnie Beer A. Finances of May 2015 • Total for both operations and Money Market: $242,594.48 o Money Market - $205,839.39 o Checking - $36,755.09 • Almost all of the money is in for the year • Our income $147,826 that will I be spent between now and the end of September. ACTION — Motion to approve the Financial Report as presented: S.A. Smith; 2nd: F. Frione. Motion carries unanimously. 85 Southeast 4th Avenue, Suite 1o8, Delray Beach, FL 33483 Tel: 561-243-1077 Fax: 561-243-1079 B. Request for 1 Mil M. Ferrer: This is the request for the 1 Mil; we send a letter to the City. ACTION — Motion to approve the request for 1 Mil: S.A. Smith; 2nd: A. Richwagen. Motion carries unanimously. C. WARC Line Items Request for 2014-2015 M. Ferrer: The WARC grant request discussed during the Goals Workshop is for 2015-2016. This request reflects the request for the current year's$5,000. Remember we have the line item, then, the project comes before you (DDA Board) for approval. Phase One is $4,500 for the branding. That is here for your approval. The balance of $500 will come before you before the end of September. ACTION — Motion to approve the 2014-2015 grant request of$4,500 from the West Atlantic Redevelopment Coalition: S.A. Smith; 2nd: A. Richwagen. Motion carries unanimously. K. Cox: Point of clarification for the $500 balance: we will need to spend that money before we can receive it. M. Ferrer: We will need a receipt. K. Cox: Thank you. 5. Public Comments There were no Public Comments. Moved Forward: 8C. Board Officer Election M. Ferrer: I don't have the Election Roster printed for you. I have talked to Board Members about stepping up as we are losing David (Cook). S. A. Smith: I'd like to offer the slate for Board Officers: Ryan Boylston for Chair, Frank Frione for Vice-chair, Albert Richwagen for Secretary, Bonnie Beer for Treasurer. M. Ferrer: Is there any discussion? D. Cook: It's open for discussion. A. Richwagen: I'd like to nominate Mark Denkler for Chair. S. A. Smith: There are two for Chairman — nominations on the floor. We should do them individually. M. Denkler: No. I'd rather not. S. A. Smith: So you (Mark Denkler) decline. Let me name them: Ryan Boylston for Chair, Frank Frione for Vice-Chair, Albert Richwagen for Secretary, and, Bonnie Beer for Treasurer. That's the slate. M. Ferrer: Hopefully Bonnie will be reappointed. If that doesn't happen, we'll re-adjust. S.A. Smith: We have a slate on the floor; I move to approve that slate as presented. ACTION — Motion to approve the slate of Board Officers for election: S. A. Smith; 2nd: M. Denkler. Motion carries unanimously. PLEASE NOTE: The Election of DDA Board Officers can only be held at the regular August meeting as designated by the DDA By-Laws. The action of the election is therefore null and void. The slate of officers can stand as nominees only, it can also be changed prior to the election. Moved Forward: 7AL City Reports Planning & Zoning Amendments to Previously Adopted Central Business District Regulations—Anthea Giannottes, Treasure Coast Regional Planning �p„„. :... DDA Board Meeting Minutes for Monday,June 8,2015 PowerPoint Presentation • Appropriate architecture for Delray Beach — LDR Adjustments o Limited height o Limited finished floor height—for Fair Housing o Mezzanine uses same rules and Florida Building Code o Maintain street and alley networking— bridging over an alley stays on the table but needs clarification o Frontage standards • Commercial Parking— Lots and Garages o Use as commercial use—advise a yes vote for staff evaluation o Use when not in use — banks close at SPM, then use their parking • Bicycle Parking needs clarification Discussion ensued concerning parking issues: addition use opens property liability issues; statement that property owners are already renting their open lots; query as to the maximum rate for parking; query of who polices when an owner rents out a parking lot and tenets then have no parking spaces. • Parking lot license would be renewed annually • Architecture Guidelines—survey concerned what is appropriate • Public workshop on June 23rd Further discussion ensued concerning commercial parking: people displaced when paid valet comes in; statement that there should be an agreement with the City; opinion that if more parking is available the cost could be less— a reason not to charge; statement that some lots have their own pay stations; statement that no one said it was a good thing; statement that SunTrust leases out during the day. • Commercial Parking was possibly engendered by a person coming in to City Hall to ask for a permit; working with Staff to figure it out Amendments that were discussed by the DDA Board for the CBD were: 1. Use of Private Property for Commercial Parking Use 2. Retail/Restaurant Bicycle Parking Requirements 3. Frontage Standards for Building Lobby Access 1. ACTION — Motion to recommend the City review of liability issues, insurance requirements, processing regulations and enforcement before private property can be licensed as a commercial parking lot. Motion made by: Albert Richwagen; 2nd: Bonnie Beer. DDA Board Consensus of Agreement carried unanimously. 2. ACTION — Motion to accept the designated recommendation to accept the bicycle parking lots at locations designated by P & Z and to reduce the requirements for bicycle parking. Motion made by: Ryan Boylston; 2nd Albert Richwagen. DDA Board Consensus of Agreement carries unanimously. 3. ACTION — Motion to accept the recommendation of the various styles of lobby entrees for the CBD. Motion made by: Albert Richwagen; 2nd: Mark Denkler. DDA Board Consensus of Agreement carries unanimously. 83 3 ._...__._... DDA Board Meeting Minutes for Monday,June 8,2015 6. DDA Staff and Progress Report for May 2015— Marjorie Ferrer & Laura Simon DDA Staff referred to the Workshop presentation and distributed a May 2015 Recap. 7. Committee Reports A. Public Safety—Sgt. Jason Jabcuga, DBPD There was no report and no representative present. B. PGAD — Pineapple Grove Arts District— Ryan Boylston • Gateway Feature Update o North entryway going through refining o Possibly 30 days due to lights that are coming in from China, due July 16th • Banners Project Update o Finished banner shows name of person in photo and company name when the mock up showed a photo and statement of kind of business o Banners now need to go before the City Commission as signage o Hopefully they will be on the July Agenda • Hope to unveil all on the third Thursday in July C. WARC—West Atlantic Redevelopment Coalition — Kristyn Cox There was no report and no representative present. D. Economic Development There was no report and no representative present. M. Ferrer: there was a successful Business Walk-Around for Small Business Month in May for WARC. There was one for Osceola Park too. E. PMAB— Parking Management Advisory Board —Albert Richwagen • There is nothing new on the parking issue • PMAB approved an in-lieu request F. Downtown Merchant Advisory Board — Mark Denkler • The orchid give-away was very successful. • There was no meeting in May. • There will be a Merchant Social on June 24th at N2Wine Bar G. Greater Delray Beach Chamber of Commerce — Karen Granger • 1 like the orchid give-away— I earned a few myself; it's fun to collect the receipt to get flowers • Chamber is in its 90th Year—celebrate at the October 9th Luminary Gala Awards Dinner • We celebrated chamber members in their 50th year of membership • We also celebrated a 25th anniversary membership luncheon for Chamber members • Programs for business—more for entrepreneurs, small groups, to work up to the next level, working to offer services R. Boylston: Are there any materials for that? DDA Board Meeting Minutes for Monday,June 8,2015 K. Granger: I have materials related to SCORE and their services, I have materials related to SBDC; I have a whole packet soon what kind of companies they are looking for. M. Ferrer: Is there any information as to why it's a benefit to merchants to be a member of the Chamber? K. Granger: I can flood you with all kinds of information. I think a lot of the merchants, and we need you to help us, there is a very old school thought —Chamber 1970, they think it's like a leads group on steroids. Anyone with that thought, send them my way. • New businesses are opening up in Downtown and other area; the pockets are filling up • Speakers: o Chairmen's' Club—June 17th Leadership Delray Tourism o Government Affairs—June 19th, the new P & Z Staff Member H. DBMC— Delray Beach Marketing Cooperative —Stephanie Immelman • Budgeting season —we do not anticipate any difficulties • Relationships are good • Caution the DDA on their line item for destination marketing as it might be perceived as a duplication • The last night of the series we finally got to where we expected it to be • August 4th is Night Out on Crime • DBMC is busy with the July 4th celebration M. Denkler: The West Atlantic Avenue Off the Ave was good. 1. City Committees—Construction Updates— Marjorie Ferrer • Construction o Paving started between 5th Avenue and George Bush o CRA will plan a ribbon cutting • SOFA o There has been no meeting 8. City Reports A. Planning & Zoning— Mark McDonnell and Scott Pape The Planning and Zoning Department is processing the following petitions, which pertain to properties located within the Downtown Development Authority Area. Pursuant to LDR Section 2.4.2(C), this is your notice of our receipt of the applications. i. Amendments to Previously Adopted Central Business District Regulations—Anthea Giannottes Moved Forward. ii. Uptown Atlantic—Conditional Use Request The property is located on the south side of West Atlantic Avenue, between SW 6th Avenue and SW 9th Avenue. The subject properties are located within the West Atlantic Overlay and are zoned CBD and RM. The properties contain a 4,854 sq. ft. funeral home with a 957 sq. ft. apartment; a 6,320 sq. ft. retail building, and two single-family homes of 1,068 sq. ft. and 864 sq. ft. respectively. s �^ DDA Board Meeting Minutes for Monday,June 8,2015 The site also contains parking areas and vacant land. A conditional use application has been submitted to allow the density to exceed 12 units per acre (proposed 18 units per acre) in connection with the construction of 112 dwelling unit. The conditional use request is in conjunction with Uptown Atlantic, a proposed mixed-use that measures approximately 6.21 acres. The development proposal incorporates the following: ➢ Construction of a two three-story, and one four-story mixed use buildings; and three freestanding townhome buildings. The commercial component of the development consists of 17, 267.3 square feet of office use; 6,250.6 square feet of restaurant use; 44,841 square feet of commercial/retail use. The residential portion of the development includes 112 dwelling units composed of 15 efficiency units, 18 one-bedroom units, 75 two bedroom units, and 4 three-bedroom units. ➢ The recreational amenities include a swimming pool, a tot lot, a public pocket park, and a dog walking area. ➢ Installation of sidewalks, walkways, and associated landscaping. • Project has gone to Planning & Zoning for approval • Properties between West 6th and 9th Streets and West Atlantic Avenue B. Currie: This project unifies the town from the beach to 1-95; the buildings are four (4) stories, three (3) stories, and two (2) stories. M. Denkler: The grocery store is (shown at) 20,000 square feet. • Publix is 25,000 square feet. This grocery store would be comparable. • Ability to go through the middle of the project • Townhouses on the ground level —ADA Accessible, both one (1) and two (2) stories and one (1) and two (2) bedrooms • It is allowable to go to thirty (30) units per acre • Agreement with SAFE for bicycle room and racks— buying 12 to 20 bicycles for community use • This is an increase in density from 12 units to 18 units per acre. ACTION — Motion for a recommendation to approve the Conditional Use plan as presented: R. Boylston; 2nd: F. Frione. Motion carried unanimously. iii. Samar Mixed Use— Class V Site Plan The property is located on the west side of SE 5th Avenue, between SE 2nd Street and SE 3rd Street. The development proposal involves the demolition of the existing improvements and construction of a 4-story mixed-use development that includes a 122-room hotel on the north half of the site and 35 condominium units on the south half of the site. The condominium units will be located on the upper levels of the building with 6,280 q. ft. of retail space on the ground level. Vehicular access is proposed via SE 5th Avenue and the alleyway to the rear of the property. Lighting and Refuse collection: Lighting: The proposal was evaluated as a part of the staff's CPTED (Crime Prevention Through Environmental Design) review. A photometric plan was submitted and staff is requesting that the as 6 p- ::^ DDA Board Meeting Minutes for Monday,June 8,2015 plan is revised to demonstrate the minimum foot candle illumination of 1.0 foot candles on-site and a maximum spillage of 0.25 foot candles. Refuse Collection: The proposal indicates the provision of two trash receiving areas which are located at the northwest corner and southwest area of the building. • 122 hotel room and 35 condos on third floor, 6,282 sq. ft. of retail space • Access through the alley • Lighting—Staff requires an increase • Refuse Collection —Southwest and Northwest alley corners ACTION - Motion for a recommendation to approve the Class V Site Plan providing an updated and revised photometric plan in accordance with CPTED review and update the plan to provide that the garage meets the SWS requirements for the two (2) trash receiving areas: A. Richwagen; 2nd: R. Boylston. Motion carried unanimously. 9. New Business A. 2015-2016 Goals & Budget Decisions— Marjorie Ferrer & Laura Simon M. Ferrer: The PowerPoint presentation will be e-mailed to all of you. The City Manager and City Finance Director PowerPoints will be sent to you as well so you can compare them and see that we match up. Are there any comments on the budget? Please e-mail them to me possibly by next Friday. We will get more information on the pressure spraying so that we can come back with a number for you. The bids are between $.09 and $.11 per square foot. That seems to be the most urgent request. F. Frione: Laura was also going to get in touch with Assina who has measurements. There is a program that's out there (that measures digitally). L. Simon: Staff will get the measurements. D. Cook: Private Sector should pick up the tab for the cleaning their parking lot. Some of these restaurants literally spill out. M. Ferrer: The Merchant Association and Restaurant are going to have to do one-on-ones, feet on the street, block by block. Restaurant Association needs to re-establish itself. It's been two (2) years since the City pressure sprayed all the sidewalks. R. Boylston: It's similar to the video program offerings. Maybe a similar situation with cleaning. L. Simon: We (DDA) could offset some of the cost. Offer it at a discounted rate. D. Cook: It's tough for them to clean first thing in the morning. I've been stopped —you have to be finished by 9:OOAM —and don't block off any public spots. B. Special Events Letter - David Cook • The "Events are Great Booklet from the City—it was very well done. • The City had a workshop about special events on June 9th • They do not want to have anything that closes Atlantic Avenue. • Savor the Avenue closes Atlantic Avenue. • Fashion Week closes Atlantic Avenue. M. Ferrer: I marked the area that shows no closing of Atlantic Avenue. It comes down to day of the week and time. L. Simon: It's on food trucks as well. Y DDA Board Meeting Minutes for Monday,June 8,2015 R. Boylston: How do the residents feel? It's nice to walk on Atlantic Avenue for an event. This is really important. A. Richwagen: Closing the Avenue is good. Get rid of the tents and food trucks. R. Boylston: We need quality standards. M. Denkler: There should be more events at off times—Savor worked out better on Monday. Why are parades on our best business days—Saturday? Have the parades on Sunday. A. Richwagen: Have the Tree Lighting on Tuesday. L. Simon: We should look at the goal, intent and purpose. Presenters need to look at that— not the person who oversees it. (How do you determine) what is quality? M. Denkler: During tennis tournaments the (Old School Square) garage is closed for five (5) weekends. We are not yet a year round town. A. Richwagen: Confusion is not to get rid of events but to tweak them. M. Denkler: Parades could be rolling. D. Cook: This Draft Report is a great start. Bigger might not be better. We don't want to lose our intermediate events. Close Atlantic and Swinton only. Require presenters to leave area better than they found it— not just pick up trash and replace grass, but clean the sidewalks as well. Rethink Atlantic Avenue, use odd days and nights. ACTION —Consensus to write a letter to the City Commission regarding the DDA issues and concerns for special events. 10. Old Business No Old Business on the Agenda. 11. Non-Agenda Items No Non-Agenda Items brought forward. 12. Board Comments M. Denkler: Thank you, David, for supporting the DDA for the past 9 years! Applause from DDA Board and Staff. 13. Adjournment Meeting adjourned at 2:20PM. Respectfully submitted, Gail-Lee McDermott Albert Richwagen, DDA Secretary DATE ^- DDA Board Meeting Minutes for Monday,June 8,2015 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeff Costello, CRA Executive Director THROUGH: Donald B. Cooper, City Manager DATE: July 9, 2015 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF JULY 14,2015 NOMINATION FOR APPOINTMENT OF A CHAIRPERSON AND VICE-CHAIRPERSON TO THE CRA BOARD BACKGROUND Florida Statutes Chapter 163.356(c) states that the governing body of a municipality (i.e. the City Commission) is to designate the Chair and Vice Chair of the Community Redevelopment Agency (CRA) Board. The CRA Board appoints its own First Vice Chair and Treasurer. The City's LDRs, Section 8.1.1(B)(3) state that the Commission shall designate the Chair and Vice Chair on an annual basis, with the terms beginning on August 1 st and ending July 31 st CRA Vice Chair Annette Gray's term on the board ended with the June 25th CRA Board meeting. Herman Stevens is the Chair, Cathy Balestriere, First Vice Chair, and Bill Branning is the Treasurer. Attached is a list of the full CRA Board of Commissioners and their terms (effective July 1, 2015). DISCUSSION The item before the City Commission is the appointment of CRA Chair and Vice Chair. TIMING OF THE REQUEST The office of CRA Vice Chair will be vacant until filled. RECOMMENDATION Appoint a Chair and Vice-Chair of the Community Redevelopment Agency. COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 07/15 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01/2017 Herman Stevens, Chair Attorney Appt 06/16/09 Reappt 06/18/13 07/01/2018 Cathy Balestriere, Vice Chair General Manager Appt 06/17/14 07/01/2016 William Branning, Treasurer Unexp Appt 05/02/06 Contractor Reappt 07/01/08 Reappt 06/05/12 07/01/2017 Joseph Bernadel Chief Operating Appt 06/18/13 Officer 07/01/2017 Reginald Cox Chief Building Appt 07/09/13 Official 07/01/2017 Paul Zacks Attorney Appt 07/25/13 07/01/2019 Daniel Rose Attorney Appt 06/16/15 Contact Person: Jeff Costello (561)276-8640 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: July 2, 2015 SUBJECT: AGENDA ITEM 8.N.-REGULAR COMMISSION MEETING OF JULY 14,2015 NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD BACKGROUND The term for regular members Ms. Cathy DeMatto, Ms. Joyce Warner, Ms. Margarita Kaufman, Ms. Julia Kadel, Mr. Daryl Pauling and student member Miss. Nikkie Dugan will expire on July 31, 2015. Mr. Daryl Pauling, Ms. Cathy DeMatto, Ms. Joyce Warner and Ms. Margarita Kaufman will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Miss Nikkie Dugan will have served an unexpired term, is eligible, and would like to be nominated for reappointment. Ms. Julia Kadel will have served one (1) full term and would not like to be nominated for reappointment. In addition, there is a vacancy due to the resignation of Mr. Harold Van Amem. The term is unexpired ending July 31, 2017. Nominations for appointment are needed for five (5) regular members and for one (1) student member to serve two (2) year terms ending July 31, 2017. One (1) regular member to serve an unexpired term ending July 31, 2017. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Drew Tucker. Based on the rotation system, the nominations for appointment will be made by Deputy Vice Mayor Jacquet (Seat #2), Commissioner Katz (Seat #3), Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat #5) and Vice Mayor Petrolia (Seat #1) for five (5) regular members to serve two (2) year terms ending July 31, 2017. Deputy Vice Mayor Jacquet (Seat #2) will nominate one (1) regular member to serve an unexpired term ending July 31, 2017. Commissioner Katz (Seat #1) will nominate one (1) student member to serve two (2)year terms ending July 31, 2017. DISCUSSION This item is before the City Commission for nominations for appointment to the Education Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for five (5)regular members and one (1) student member to serve on the Education Board for two (2) year terms ending July 31, 2017 and for one (1) regular member to serve an unexpired term ending July 31, 2017. EDUCATION BOARD EXHIBIT A Catherine DeMatto Development Consultant/Incumbent Nikkie Dugan Student/Incumbent Philip Friedman Retired Assistant Director(currently serving on the Nuisance Abatement Board) Sharese Gillard Educator/Mortgage Broker& Real Estate License Margarita Kaufman Educator/Incumbent Daryl Pauling Educator/Incumbent Drew Tucker Director of Education and Outreach Maj orie Waldo Educator/School Principal Joyce Warner Educator/Incumbent Bryan Weber Attorney (currently serving on the Board of Adjustment) Patricia Westall Project Coordinator/Health Administration (also applying to the Police Advisory Board) Edward Whalen Retired Educator EDUCATION BOARD 7/15 TERM EXPIRES NAME &ADDRESS OCCUPATION 07/31/2017 Vacant 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 07/31/2016 Mercie Alcindor Educator Appt 07/15/14 07/31/2016 Angela Burns Educator Unexp Appt 11/15/11 Reappt07/17/12 Reappt07/01/14 7/31/2015 Julia Kadel,Vice Chair Director of Admissions Unexp Appt 12/06/11 Reappt07/25/13 07/31/2015 Cathy DeMatto, 2nd Vice Chair 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 Nikkie Dugan Appt 10/07/14 Student 2 YEAR TERM 7/31/2016 Vacant Student 1YEAR TERM Contact:Janet Meeks 243-7231 S/City Clerk/Board 2015/Education Board d W � 1 O � z w � M V I O / Z Z W W o � o Ln ,M� Mi Mi Mi O M O M O M N M O M N M N M 0 M O M N M O M \O M p M a 00 l� l� � O all un \\ � CL CL CL CL W CL CL W CL CL CL CL � CL � 0 o o L: C�'C .� •� ��I .�.�il BCCI i'" .�:il ►` \"/\z\"/\%\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\:/ i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: July 7, 2015 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF JULY 14,2015 NOMINATION FOR APPOINTMENT TO THE KIDS AND COPS COMMITTEE BACKGROUND The term for Ms. Phyllis Willingham (At-Large Representative) will expire on July 31, 2015. Ms. Phyllis Willingham will have served three (3) consecutive terms and would like to be nominated for reappointment. Section 32.41(B) in the Code of Ordinances, provides for authorization of additional two (2) year terms by a majority vote of the City Commission. Nomination for appointment is needed for one (1)At-Large-Representative to serve two (2)year terms ending July 31, 2017. The Kids and Cops Committee was established as an advisory board to the City Commission in May 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At-Large Representatives" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen-at-Large Representative" and "At Large Representative" category. The other appointments are made by the various groups involved and presented to the Commission for ratification. The following individual has submitted an application and would like to be nominated for appointment: Phyllis Willingham (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)At-Large Representative to serve on the Kids and Cops Committee for two (2)year terms ending July 31, 2017. DISCUSSION This item is before the City Commission for nomination for an appointment to the Kids and Cops Committee. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment for one (1) At-Large Representative to serve on the Kids and Cops Committee for two (2)year terms ending July 31, 2017. KIDS AND COPS 07/15 TERM EXPIRES REGULAR MEMBERS ORGANIZATION REPRESENTED 11/30/2015 Marissa Tata Banyan Creek Elem. Appt11/06/13 11/30/2015 Vacant Carver Middle PBC School District 11/30/2015 Tosi Rigby Crosspointe Elem. Appt11/06/13 11/30/2015 Rona Tata SD Spady Elementary Reapptll/06/13 Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 11/30/2015 Danielle Beardsley Parks and Recreation Reapptll/06/13 Ratified 02/07/06 Reapptll/07/07 Ratified 12/11/07 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 11/30/2015 Vacant Police Department 11/30/2015 Adrian Rackauskas, Chair Police Department Reapptll/06/13 Unexp Appt 11/02/11 Ratified 01/03/12 07/31/2017 Jennifer Aracri At-Large Representative Unexp Appt 01/03/12 Reappt07/25/13 Reappt07/07/15 07/31/2015 Phyllis Willingham At-Large Representative Appt 03/03/08(partial term) Reapptll/17/09 Reappt09/06/11 Reappt07/25/13 07/31/2015 Francis Moschette At-Large Representative Reappt02/07/06 Reapptll/11/07 Reapptll/17/09 Reappt08/16/11 Reappt07/25/13 11/30/2015 Sheila Bethel Pinegrove Elem. Reappt11/06/13 Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 11/30/2015 Angelica(Rotondo) Bradford Orchard View Elem. Unexp Appt09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 Rea t11/06/13 07/31/2017 Cory Cassidy Citizen-at-Large Ratified 02/07/06 Representative Reappt12/11/07 Reappt11/17/09 Appt08/16/11 Reappt07/25/13 Rea t07/07/15 11/30/2015 Alissa Broadway Plumosa Elem. Appt11/06/13 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 S/City Clerk/Board 15/Kids &Cops Contact Adrian Rackauskas: 243-7800 d O � z wN o , A H � N ti FVI � o � o N M O M O M N M M M O M p M N M O M O M O M O M N M $" � � � � � � � � •S. V. CC vVi � � � I/ � � � .^'.. F•y '� 0 Z ti � Aav� i� UU � r� zU � wrS.� OF-� U � dO � w � v� w � .� \"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/ i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: July 7, 2015 SUBJECT: AGENDA ITEM S.P.-REGULAR COMMISSION MEETING OF JULY 14,2015 NOMINATIONS FOR APPOINTMENT GREEN TO THE IMPLEMENTATION ADVANCEMENT BOARD BACKGROUND The term for alternate members Ms. Anne Kingsbury and Ms. Katherine Lembovski will expire on July 31, 2015. Ms. Anne Kingsbury and Ms. Katherine Lembovski will have served unexpired terms, are eligible, and would like to be nominated for reappointment. Nominations for appointment are needed for two (2) alternate members to serve two (2)year terms ending July 31, 2017. 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 with the exception of Ms. Sandy Trento and Ms. Katherine Lembovski. Based on the rotation system, the nominations for appointment will be made by Vice Mayor Petrolia (Seat #1) and Commissioner Katz (Seat #3) for two (2) alternate members to serve two (2) year terms ending July 31, 2017. 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 two (2) alternate members to serve on the Green Implementation Advancement Board for two (2)year terms ending July 31, 2017. GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT "A" Anne Kingsbury Paralegal Clerk/Incumbent-Alternate Katherine Lembovski Finance/Incumbent- Alternate Doris Muscarella Public Relations & Marketing Marianne Regan Human Resources Assistant(also applying to the Public Art Advisory Board) Sandy Trento Educator(also applying to the Public Art Advisory Board) GREEN IMPLEMENTATION ADVANCEMENT BOARD 07/15 TERM EXPIRES NAME &ADDRESS OCCUPATION 07/31/2015 Giulia Pace Vice President/Investment Unexp Appt +2 yr.02/19/13 Research 07/31/2016 Bruce Bastian,Vice Chair Business Development Unexp Alt Appt 05/20/14 Manager Appt Reg 07/15/14 07/31/2016 Frederick Kaub President—Environmental Unexp Alt Appt 06/03/2014 Services Reg Appt 07/15/14 07/31/2015 Stephanie "Chloe" Bedenbaugh, Human Resources Unexp Alt 03/02/10 Chair Unexp reg Appt 04/05/11 Reappt06/21/11 Reappt10/15/13 07/31/2016 Nancy Richards Elder Mediation Specialist Appt 7/15/14 ALTERNATE MEMBERS 07/31/2015 Anne Kingsbury Paralegal Clerk Unexp.Appt 10/07/14 07/31/2015 Katherine Lembovski Finance Unexp.Appt 10/07/14 S/City Clerk/Board 15/Green Implementation Advancement Board Contact: John Morgan 243-7324 d U WAN � N � UN w � N R � M 5 F� z x W W U W M N M M O M M O M p M U OF O � o s. C.0nn a� �. .� v v W v p ��" C.0 U • MEMORANDUM r TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: July 7,2015 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF JULY 14,2015 NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD BACKGROUND The term for regular member Mr. Glen Weiss will expire on July 31, 2015. Mr. Glen Weiss will have served one (1) full term and would not like to be nominated for reappointment. Nomination for appointment is needed for one(1)regular member to serve two (2)year terms ending July 31,2017. On February 1,2005,the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection,construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be 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 with the exception of Ms. Sandy Trento. Based on the rotation system, the nomination for appointment will be made by Vice Mayor Petrolia (Seat#1)for one(1)regular member to serve two (2)year terms ending July 31, 2017. DISCUSSION This item is before the City Commission for nomination for an appointment to the Public Art 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 Public Art Advisory Board for two (2)year terms ending July 31, 2017. PUBLIC ART ADVISORY BOARD EXHIBIT A Diane Carter Photography/Artist Amy Holland Retired/Free Lance Designer Neil Ptashkin Marketing& Advertising Marianne Regan Human Resources Assistant(also applying to the Green Implementation Advancement Board) Sandy Trento Educator(also applying to the Green Implementation Advancement Board) Christina Wood Editor Manager of Art & Culture Magazine PUBLIC ART ADVISORY BOARD 07/15 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/2015 Daniel Bellante, Chair Business Owner Unexp Appt 03/20/12 Reappt07/09/13 07/31/2016 Steven Blackwood Sculptor/Artist Unexp Appt 04/06/15 07/31/2015 Glenn Weiss Public Art Consultant Unexp Appt 09/04/14 07/31/2016 Shirl Fields Jewelry Appt 07/15/14 Designer/Retired 07/31/2016 Kevin Rouse Artist/Photographer Appt 07/17/12 Reappt07/01/14 07/31/2016 Carolyn Pendelton-Parker,Vice Chair Landscape Architect Appt 08/07/12 Reappt07/01/14 07/31/2015 Patricia Truscello Public Relations Appt 05/21/13 Unexp Appt+ Specialist 2 yr Contact: Suzanne Davis 243-7151 S/City Clerk/Board 15/Public Art Advisory Board d U QN � ON z \ � N wN O M O M )4d Q O M O p M (V M M O M O O O O O O ,..� Qn ISI � \ G� �. .^' O H ^• � 0.1 O I \ ►` \"/\/\"/'VI/'\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/ i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: July 2, 2015 SUBJECT: AGENDA ITEM 8.R.-REGULAR COMMISSION MEETING OF JULY 14,2015 NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD BACKGROUND The term for regular members Ms. Annette Annechild, Mr. Jack Chadam, Mr. Michael Costin and Mr. John Jackson will expire on July 31, 2015. Ms. Annette Annechild and Mr. Michael Costin will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Mr. John Jackson and Mr. Jack Chadam will have served unexpired terms, are eligible, and would like to be nominated for reappointment. In addition, there are four (4) vacancies due to the resignations of Mr. Matthew Monahan, Mr. Robert Shell, Mr. Alan Siegel and the passing of Mr. Shelly Weil. One term is unexpired ending July 31, 2015. Three terms are unexpired ending July 31, 2016. Nominations for appointment are needed for eight(8)regular members. In order to qualify for appointment, a person shall be either a resident of, own property, own a business, or be an officer, director, or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be 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 with the exception of Ms. Jackie Jones Mr. Jervonte Edmonds. Based on the rotation system, nominations for appointment will be made by Commissioner Katz (Seat #3), Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat #5), Vice Mayor Petrolia (Seat #1) and Deputy Vice Mayor Jacquet (Seat #2) for five (5) regular members to serve two (2) year terms ending July 31, 2017. Commissioner Katz (Seat #3), Commissioner Jarjura (Seat #4) and Mayor Glickstein (Seat #5) will make nominations for appointment for three (3) regular members to serve unexpired 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 five (5)regular members to serve on the Police Advisory Board for two (2) year terms ending July 31, 2017 and for three (3) regular members to serve unexpired terms ending July 31, 2016. City of Delray Beach Police Advisory Board —Applicants Exhibit A 1. Annette Annechild Incumbent Resident 2. Michael Caruso Resident 3. Jack Chadam Incumbent Resident 4. Alexander Christopher Resident 5. Michael Costin Incumbent Resident 6. Jervonte Edmonds Resident 7. Gerald Franciosa Resident 8. John Jackson Incumbent Resident 9. Jackie Jones Resident 10. Steven Mack Resident 11. Ashley Ridley Resident 12. Patricia Westall Resident 13. Harold Van Arnem Resident • Patricia Westall (also applying to the Education Board) POLICE ADVISORY BOARD 07/15 TERM EXPIRES NAME &ADDRESS 07/31/15 Jack Chadam Unexp Appt+2 yr 05/21/13 07/31/16 Wyana Claxton Unexp Appt 08/16/11 Reappt07/17/12 Reappt07/15/14 07/31/16 Lea Anne DeRigne Appt 07/15/14 07/31/16 Vacant 07/31/15 Vacant 07/31/15 Annette Annechild, Chair Unexp Appt 11/01/11 Reappt07/25/13 07/31/16 Vacant 07/31/16 Ellen Major-Hanna Appt 07/15/14 07/31/16 Vacant 07/31/15 Michael Costin,Vice Chair Appt 08/06/13 07/31/15 John Jackson Unexp Appt 12/03/2013 07/31/15 Vacant (Student) 07/31/16 Vacant (Student) Contact: Yolaina Ruiz 243-7056 S/City Clerk/Board 15/Police Advisory Board d w Q � z \ HN W N C7 O \ z j \ Cj Cd o � M M N M W �� M O M M M O M M M M M M •� 1 � �" �C CL �C Yn-• "fes' ¢�, ��i fZ�i �C �f-. Yf-. Yf-. U+ U+ � C� C U U cd i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: July 1, 2015 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF JULY 14,2015 RESOLUTION NO.34-15/STORMWATER 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. 34-15 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. 34-15. RESOLUTION NO. 34-15 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, 2016, 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. 34-15 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 14`h day of July, 2015. ATTEST: MAYOR City Clerk 3 RES. NO. 34-15 EXHIBIT "B"TO RESOLUTION NO. 34-15 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. 34-15 Exhibit"A" FY 2015-16 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 REGULAR SALARIES/WAGES $ 103,600 15-20 CAR ALLOWANCE - 21-10 EMPLOYER FICA 7,720 22-10 GEN'L EMP RETIREMENT 11,510 22-30 ICMA CONTRIBUTIONS - 23-10 LIFE INSURANCE 340 23-20 DISABILITY INSURANCE 250 23-30 HEALTH INSURANCE 18,310 24-10 WORKERS'COMPENSATION 4,950 25-10 UNEMPLOYMENT COMPENSATION 70 25-20 EMPLOYEE ASSISTANCE PROG. 40 * PERSONAL SERVICES 146,790 31-30 ENGINEERING/ARCHITECT 31,970 31-90 OTHER PROFESS SERVICES 46,930 32-10 AUDIT/ACCOUNTING FEES 2,010 40-10 TRAVEL&TRAINING 1,100 41-10 TELEPHONE EXPENSE 320 41-15 PORTABLE PHONE/MDD 270 42-10 POSTAGE 800 43-10 ELECTRICITY 1,780 43-50 STORMWATER CHARGES 1,130 44-30 EQUIPMENT RENTAL/LEASE 980 44-45 VEHICLE RENTAL-GARAGE - 45-10 GENERAL LIABILITY 7,840 46-20 EQUIPMENT MAINTENANCE - 46-30 VEHICLE MAINT-GARAGE - 46-90 OTHER REPAIR/MAINT COST - 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 231,080 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 $ 746,350 Exhibit"A" FY 2015-16 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 MAINTENANCE 12-10 REGULAR SALARIES/WAGES $ 244,550 14-10 OVERTIME 14,000 13-10 OTHER PAY 300 21-10 EMPLOYER FICA 18,540 22-10 GEN'L EMP RETIREMENT 12,090 22-30 ICMA CONTRIBUTIONS 23-10 LIFE INSURANCE 970 23-20 DISABILITY INSURANCE 580 23-30 HEALTH INSURANCE 60,020 24-10 WORKERS'COMPENSATION 14,790 25-10 UNEMPLOYMENT COMPENSATION 220 25-20 EMPLOYEE ASSISTANCE PROG. 120 * PERSONAL SERVICES 366,180 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 2,580 43-10 ELECTRICITY 12,410 43-25 IRRIGATION WATER 6,430 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 14,660 46-20 EQUIPMENT MAINTENANCE 1,450 46-30 VEHICLE MAINT-GARAGE 95,500 46-90 OTHER REPAIR/MAINTCOST 112,100 47-10 PRINTING/BINDING SERVICES - 49-16 COMML DRIVERS LIC RENEWAL 240 51-10 STATIONERY/PAPER/FORMS 100 51-20 OFFICE EQUIPMENT 2,290 51-90 OTHER OFFICE SUPPLIES 500 52-10 FUEL/LUBE VEHICLES 33,950 52-20 GEN'L OPER SUPPLIES 8,000 52-22 UNIFORMS/LINEN SERVICE 3,000 52-24 BUILDING MATERIALS 700 52-26 GARDENING SUPPLIES 9,380 52-27 EQUIPMENT<$1,000 10,000 53-10 REPAIRS-ROADS 4,430 53-20 REPAIRS-DRAINAGE 11,200 53-90 OTHER ROAD MATERIALS 11,500 54-20 MEMBERSHIPS - 54-30 TRAINING/EDUCATION COSTS 480 * OPERATING EXPENSES 484,050 64-90 OTHER MACHINERY/EQUIPMENT * CAPITAL OUTLAY - ** STORMWATER SYSTEM MAINTENANCE S 850,230 Exhibit"A" FY 2015-16 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 CAPITAL 46-43 Drainage Swales $ 68-18 Pump Station Rehab 68-86 Swinton and Atlantic Inters XX-XX ***L-33 Culvert Rehabilitation XX-XX *** Lakeview Drainage Improvements XX-XX *** Stormwater Improvements XX-XX *** NE 2 Ave/Seacrest PH 3 XX-XX *** NE 6th Alley Improvements XX-XX *** NE 8th Ave Paving XX-XX *** Palm Trail South Drainage XX-XX *** Rainberry Woods Drainage XX-XX *** Reclaim Water Area 12B XX-XX *** SE 4th Ave XX-XX *** Storm Sewer Cleaning XX-XX *** SW ltth Ave WM XX-XX *** Thomas Pump Sta Upgrade * 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 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E 1 00 00 00 00 00 00 00 00 00 00 00�--1'td1—1 MMN •OO't'tN-1 (Ili NI�MM 0),Ln, 00 N Lr)N N M O O-1O, 't 1 M O,M r'1-1't n Ol O M Lr) V1 1 -4 N N N r'1 l0 N rl N Ln M-4 r-I 4J N 00 N O Q N •• U N 0 M L •• OOOOOOOOOOOOOOOr-INOOOOOOOa)OOOOOOOOOr-1 Q N I I NM'tLn 1.0 I"000)C)--INO,'tLn lO Ln 00't00 N-IN MM r-10 Ln r-1m--1-IN't6l r I OOOOOOCDCD-4 4-4("j�r IOOOOOOOOr IOOOONMO00000 +J N J 1 1 OOOOOOOOOCDCD-4 -IOOOOOOr-Ir-IMLr)N000000000 u1O 1 1 OOOOOOOOOOOOOOOONr-ILr)m -IOOOONr-4-4-I000)00-4400 E=- O r-1 C� I I OOOOOOOOOOOOOOOOOOOOOOOOOr-IOOOOOr-IN NO N U \r O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N W O 4J C� r1 H I 1 00 00 00 00 00 00 00 00 00 00 00 O O O O N i.0 m N M r�O O O O n r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-11.0 N n3i Lr)Lr)Lr)Lr)Lr)Lr)Lr)Lr)LnLnLn00000NN��.00000Nj-00000000 V) m V1 I�I�I�I�I�I�I�I�I�n n 0000000000000000000001 0,0)dl 414100000000 N H rl r-I r-I r-I r-1 r-1 r-1 r-1 r-1-4-4-4-4-4-4-4 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 N N N N N N N N r •• (d •• >, lO lO lO lO lO CO lO lO lO lO lO lO CO lO lO C0 lO lO CO lO lO CO lO lO lO lO lO lO CO lO lO CO lO lO CO 4-1 (d L I 4J I M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M 4J 0 1 0 1 L L I L I 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 N N N N N N N N N N d Q_ 1 a 1 ,-1,-1,-1,-1,-1,-1,-1,-1,-1,-1-4-4-4-4-4-4-4-4-4-1,-1,-1,-1,-1,-1,-1,-1,-1,-1,-1,-1,-1,-1r-r, i MEMORANDUM r TO: Mayor and City Commissioners FROM: Michael Coleman, Director, Community Improvement Department THROUGH: Donald B. Cooper, City Manager DATE: July 10, 2015 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF JULY 14,2015 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)FIVE YEAR CONSOLIDATED PLAN FISCAL YEARS(FY)2015-2019 AND ANNUAL ACTION PLAN BACKGROUND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE YEAR CONSOLIDATED PLAN FISCAL YEARS (FY) 2015-2019 AND ANNUAL ACTION PLAN FY 2015-2016: Motion to Approve the Five Year Consolidated Plan FY 2015-2019 and Annual Action Plan FY 2015-2016 required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds.(STAFF HAS REQUESTED THAT THIS ITEM BE POSTPONED TO AUGUST 11, 2015)