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04-19-16 Regular Meeting AgendaTuesday, April 19, 2016 City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Mayor Cary Glickstein Commissioner Shelly Petrolia Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz Regular Commission Meeting Public Hearings 7:00 p.m. Commission Chambers RULES FOR PUBLIC PARTICIPATION 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. All persons desiring to do a presentation on agenda or non -agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. 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 to speak, please complete the sign -in sheet if you have not already done so. 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. City Commission Regular Commission Meeting April 19, 2016 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRESENTATIONS: 3.A. PRESENTATION FROM THE FLORIDA GREEN BUILDING COALITION CERTIFYING THE CITY OF DELRAY BEACH AS A GREEN LOCAL GOVERNMENT AT THE SILVER LEVEL Sponsors: Environmental Services Department 3.13. SPOTLIGHT ON EDUCATION - ORCHARD VIEW ELEMENTARY Sponsors: Community Improvement and Quinlan 3.C. "NATIONAL NIGHT OUT" OUTSTANDING PARTICIPATION AWARD Recommendation: Sponsors: Police Department 3.1). EMPLOYEE OF THE MONTH - MARCH Recommendation: Motion to Approve Jamael Stewart as employee of the month. Sponsors: Human Resources Department Attachments: Recognition Program 4. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5. AGENDA APPROVAL 6. CONSENT AGENDA: City Manager Recommends Approval 6.A APPROVAL OF MINUTES Recommendation: Motion to approve various sets of City Commission Meeting Minutes as listed below: January 5, 2016 Regular Meeting February 2, 2016 Regular Meeting March 8, 2016 Workshop Meeting March 29, 2016 Special Meeting (Closed Attorney/Client Session) March 29, 2016 Special Meeting March 29, 2016 Annual Organizational Meeting April 12, 2016 Joint Session with CRA/Workshop Meeting April 21, 2015 Regular Meeting May 5, 2015 Regular Meeting City of Delray Beach Page 3 Printed on 4/13/2016 City Commission Regular Commission Meeting April 19, 2016 May 20, 2015 Regular Meeting Attachments: 01-05-2016 Regular Meeting 02-02-2016 Regular Meeting 03-08-2016 Workshop Meeting 03-29-2016 Special Meeting (Closed Attorney/Client Session) 03-29-2016 Special Meeting 03-29-2016 Annual Organizational Meeting 04-12-2016 Joint Session/Workshop Meeting 04-21-2015 Regular Meeting 04-21-15 Board Order Item 9.13 04-21-15 Board Order Item 9.0 04-21-15 Board Order Item 9.D 05-05-2015 Regular Meeting 05-20-2015 Regular Meeting 05-20-15 Board Order Item 9.A. 05-20-15 Board Order Item 9.B. 6.113. RESOLUTION NO. 08-16 CITY OF DELRAY BEACH SIDEWALK POLICY Recommendation: Motion to Approve Resolution No. 08-16 establishing the Delray Beach Sidewalk Policy. Sponsors: Planning & Zoning Department Attachments: Resolution No. 08-16 Sidewalk Policy City of Delray Beach Sidewalk Policy DRAFT 3.21.16 FINAL 6.C. SERVICE AUTHORIZATION NO. 12-22 WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE WARRANT STUDY LOCATED AT THE INTERSECTION OF: (1) S.W. 4TH STREET AND S.W. 7TH AVENUE AND (2) S.W. 9TH STREET AND S.W. 2ND AVENUE Recommendation: Motion to approve Service Authorization No. 12-22 to Kimley-Horn and Associates, Inc. in the amount not to exceed $8,000 for professional design services to conduct a warrant study located at the intersection of: (1) SW 4th Street and SW 7th Avenue and SW 9th Street and SW 2nd Avenue (Project #16-087). Sponsors: Environmental Services Department Attachments: Service Authorization No. 12-22 Consultant Service Agreement Spreadsheet Location Maps 6.11). HOUSING REHABILITATION GRANT AWARD FOR 117 N.W. 11th Avenue (QUOTE 2016-066) Recommendation: Motion to Approve acquisitions of services in the amount of $26,372.20 City of Delray Beach Page 4 Printed on 4113/2016 City Commission Regular Commission Meeting April 19, 2016 from Cordoba Construction Co. for work being conducted at 117 N.W. 11th Avenue. This acquisition 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". Sponsors: Community Improvement Attachments: Barr Information Sheet Packet for Bid 2016-066 Contract - Barr Lien Agreement (CDBG) Lien Agreement -(RCMP) Memorandum of Understanding Notice to Proceed 6.E. INTERLOCAL AGREEMENT BETWEEN CITY OF DELRAY BEACH AND DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING HOUSING STUDY Recommendation: Motion to Approve an Interlocal Agreement between the City of Delray Beach and Delray Beach Community Redevelopment Agency (CRA) in the amount not to exceed $15,000 for current housing stock review and analysis within the CRA District and the City limits (incorporated areas) of Delray Beach. Sponsors: Community Improvement Attachments: Interlocal Agreement CRA & City for Housing Study 03-24-16 Interlocal Agreement - Housing Study CRA Board Summary 6.F. ACCEPTANCE OF A 10 -FOOT DRAINAGE EASEMENT DEED FOR 617 PALM TRAIL Recommendation: Motion to Approve and accept a 10 -foot drainage easement deed at 617 Palm Trail. Sponsors: Environmental Services Department Attachments: Easement Deed Exhibit A - Sketch of Description Map Location PAPA Sunbiz Owner Azure Palm Trail Preserve LLC. Survey Azure Registered Agent 6.G. ACCEPT A LANDSCAPE MAINTENANCE AGREEMENT AND HOLD HARMLESS AGREEMENT FOR PLANTINGS PROPOSED IN THE STATE RIGHT-OF-WAY OF ATLANTIC AVENUE AND CITY RIGHT-OF-WAY OF NW 6TH AVENUE, NW 7TH AVENUE, NW 8TH AVENUE, AND NW 9TH AVENUE IN ASSOCIATION WITH THE City of Delray Beach Page 5 Printed on 4/13/2016 City Commission Regular Commission Meeting April 19, 2016 Lola r91Ti9ilk I:TAIW_1Ilk 10"Z! 00110111)"1 Recommendation: Motion to accept the Landscape Maintenance and Hold Harmless Agreements to allow landscaping in the State Right -of -Way of Atlantic Avenue and City Right -of -Way of NW 6th Avenue, NW 7th Avenue, NW 8th Avenue, and NW 9th Avenue. Sponsors: Planning & Zoning Department Attachments: UptownAtlantic memo 4-6-16.pdf Uptown Atlantic Hold Harmless.pdf Uptown Atlantic signed LMA.pdf Uptown Atlantic Ex B.pdf Uptown Atlantic Ex A.pdf 6.H. APPROVE SELECTION COMMITTEE'S RANKING AND ENTER INTO CONTRACT NEGOTIATIONS WITH EDSA, INC. FOR DESIGN SERVICES AND CONSTRUCTION ADMINISTRATION FOR THE BEACH AREA MASTER PLAN (RFQ 2016-56) Recommendation: Motion to Approve the Selection Committee's ranking of responses for RFQ 2016-056 for Design Services and Construction Administration for the Beach Area Master Plan and to authorize staff to enter into contract negotiations with the top ranked firm, EDSA, Inc. (Project No. 2015-008) Attachments: Location Map - Beach Area Master Plan 6.1. PROCLAMATIONS: 6.1.1 WE v SMALL BIZ MONTH PROCLAMATION Recommendation: Proclaim May 2016 as "We V Small Biz" Month in Delray Beach, Florida Sponsors: Economic Development Department Attachments: Proclamation - 2016 We Heart Small Biz Month We Heart Small Biz Month Flyer 6.1.2. KIDS TO PARK DAY- MAY 21, 2016 Recommendation: Proclamation for Kids to Park Day Sponsors: City Clerk Department Attachments: Kids To Parks Day 6.J. REPORT OF APPEALABLE LAND USE ITEMS MARCH 21, 2016 THROUGH APRIL 1, 2016 Recommendation: By motion, receive and file this report. Sponsors: Planning and Zoning Board and Allen City of Delray Beach Page 6 Printed on 4/13/2016 City Commission Regular Commission Meeting April 19, 2016 Attachments: Location Map Tattoo Establishment- Similarity of Use Determination Patio Beach Delray Purlife Fitness Center Brighton Beach Bagel & Bakery Sign Brighton Beach Bagel & Bakery Awning Banyan Restaurant Delray Square II Cut 432 198 NE 6th Avenue 6.K. AWARD OF BIDS AND CONTRACTS: 6.K.1. PURCHASE AWARD TO ALAN JAY FOR ONE (1) 2016 NISSAN FRONTIER, UTILIZING FLORIDA SHERIFF'S ASSOCIATION BID # 15-23-0904, IN AN AMOUNT NOT TO EXCEED $19,934.25. Recommendation: Motion to award a purchase to Alan Jay for one (1) 2016 Nissan Frontier, utilizing Florida Sheriff's Association Bid # 15-23-0904, in an amount not to exceed $19.934.25. Sponsors: Purchasing Department Attachments: Purchasing Checklist D-,+ I),;- , I -++-, Alan Jay Quote -Nissan Frontier 3-31-16 Bid Award Announcement 15-23-0904 7. REGULAR AGENDA: 7.A. ROUTINE BUSINESS: (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration): 7.A.1. PURCHASE AWARD TO EMERGENCY VEHICLES INC. FOR ONE (1) MOBILE COMMAND CENTER VEHICLE Recommendation: Motion to Award a purchase to Emergency Vehicles, Inc. in the amount of $581,334 for one (1) Mobile Command Center vehicle utilizing General Services Administration (GSA) Disaster Purchasing Program contract #GS -30F -0005R in accordance with Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contracts". Sponsors: Purchasing Department City of Delray Beach Page 7 Printed on 4/13/2016 City Commission Regular Commission Meeting April 19, 2016 Attachments: Purchasing Checklist GSA Terms and Conditions Best Price Letter Proposal Quotation Drawings 7.A.2. CONTRACT AWARD TO ACCOUNTS RECEIVABLES, INC. DBA ARI FOR COLLECTION OF THE CITY'S CONSUMER DEBT (2016-040) Recommendation: Motion to Approve the Selection Committee's ranking and award a contract for RFP NO. 2016-040 to Accounts Receivables, Inc. d/b/a ARI, for collection of the City's past due consumer debt, for a two year term with two additional one year renewal options. Sponsors: Purchasing Department Attachments: Purchasing Checklist 2016-040 Score Card 2016-040 Scoring Sheets Accounts Receivables 2016-040 RFP with Addendums 2016-040 Tab Sheet 7.A.3. RENEWAL OF CONTINUING CONTRACTS FOR SURVEYING CONSULTING SERVICES WITH MULTIPLE VENDORS FOR SURVEYING SERVICES FOR PROJECTS INCLUDED IN THE APPROVED FIVE YEAR CAPITAL IMPROVEMENTS PLAN Recommendation: Motion to Approve renewal of the agreements of (1) Wantman Group, Inc. and (2) Dennis J. Leavy & Associates, Inc. and to approve the amendments for retroactive nunc pro tunc renewal of (3) Avirom & Associates, Inc., and (4) Caulfield & Wheeler, Inc., for a period of one (1) year. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". Sponsors: Environmental Services Department City of Delray Beach Page 8 Printed on 4/13/2016 City Commission Regular Commission Meeting April 19, 2016 Attachments: Executed Agreement Avirom Avirom Renewal Ltr Executed Amendment 1 for Avirom Executed Amendment 2 for Avirom Caulfield Renewal Ltr Executed Agreement Caulfield Wheeler Executed Amendment 1 for Caulfield Wheeler Executed Amendment 2 for Caulfield Wheeler Dennis Levy Renewal Ltr Executed Agreement Dennis Leavy Executed Amendment 1 for Dennis Leavy Executed Amendment 2 for Dennis Leavy Wantman Renewal Ltr Executed Aareement Wantman Grouo Executed Amendment 1 for Wantman Group Executed Amendment 2 for Wantman Third Amendment to Agreement for Land Surverying Consulting Services Caulfi Third Amendment to Agreement for Land Surverying Consulting Services Aviror 7.A.4. STATE HOUSING INITIATIVES PARTNERSHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FY2016-2019 Recommendation: Motion to authorize and approve the Local Housing Assistance Plan (LHAP) for Fiscal Years 2016-2019, by adopting Resolution #13-16, pursuant to Title 67-37 of the Florida Administrative Code. Sponsors: Community Improvement Attachments: 2016-2019 LHAP FINAL 040616 Administrative Budget -Exhibit A Timeline Exhibit B Housing Delivery Goals Chart Exhibit C Certification Form - Exhibit D Resolution # 13-16 Exhibit E Subordination Policy Exhibit H 7.113. S.W. 2ND AVENUE ABANDONMENT - RESOLUTION NO. 17-16 Recommendation: Motion to Approve Resolution No. 17-16 *(Formerly Resolutuon No. 25-14) to abandon a portion of the road right-of-way of SW 2nd Avenue, and finding that the privately initiated request and approval is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Sponsors: Planning & Zoning Department City of Delray Beach Page 9 Printed on 4113/2016 City Commission Regular Commission Meeting April 19, 2016 Attachments: Resolution No. 17-16 Location Map Aerial Location Map Planning and Zoning Board Staff Report Dated May 19, 2014 Memo from Suzane Fisher, Director of Parks and Recreation Regular City Commission Meeting Minutes of July 1, 2014 Draft Planning and Zoning Board Minutes - May 19, 2014 7.C. SALE OF (SURPLUS) MUNICIPAL PROPERTIES Recommendation: Motion to authorize the sale of properties listed March 29, 2016 in the City Manager's memorandum pursuant to recommended procedure in accordance with Section 36.12 (A) of municipal code. Sponsors: City Manager Department Attachments: 03292016 - Memo - Sale of (Surplus) Municipal Properties 7.D. PALM BEACH COUNTY ILA INFRASTRUCTURE SURTAX Recommendation: Motion to Approve an Interlocal Agreement (ILA) with Palm Beach County regarding the Infrastructure Surtax. Attachments: Interlocal Agreement ONE CENT 10 04052016 Email 03292016 - Initial Memo and backup - Palm Beach County ILA Infrastructure SL 7.E. APPROVAL OF SELECTION COMMITTEE RANKINGS FOR AN ENTERPRISE RESOURCE PLANNING SOLUTION (RFP 2016-069L) Recommendation: Motion to Approve Selection Committee rankings of RFP No. 2016-069L and for staff to enter into negotiations for a contract which will be brought before the Commission for final approval. Sponsors: Purchasing Department Attachments: 2016-069L ERP Packet 2016-069L Addendum 1 Purchasing Checklist Quintel Tyler (2) - New World Response New World Schedule of Pricing Quintel Schedule of Pricing Phase 3 Score Cards 2016-069L Corrected Phase 2 Score Cards 2016-069L Phase 2 Evaluations Phase 3 Summa 7.F. CONTRACT AWARD TO TROXELL COMMUNICATIONS, INC. TO UPGRADE THE TECHNOLOGY IN THE COMMISSION CHAMBERS AND CONFERENCE ROOM City of Delray Beach Page 10 Printed on 411312016 City Commission Regular Commission Meeting April 19, 2016 Recommendation: Motion to approve an award to Troxell Communications, Inc., utilizing Lee County School District Contract R127035JM, for technology upgrades in the Commission Chambers and Conference Room of City Hall, at a cost not to exceed $58,895.00. Sponsors: Purchasing Department Attachments: Chambers Update Purchasing Checklist Quote Bid Renewal Tab Sheet Best Price Statement 7.G. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Sponsors: City Clerk Department Attachments: Exhibit A Code Enforcement Board Members List Code Enforcement Attendance List 7.H. AWARD BID (2016-004) TO WEST CONSTRUCTION, INC. FOR THE N.W. 12TH AVENUE IMPROVEMENTS PROJECT AND N.W. 2ND STREET (MILK DRIVE) PHASE II IMPROVEMENTS PROJECT Recommendation: Motion to Award Bid No. 2016-004 to West Construction, Inc. in the amount of $1,450,956.96 for the N.W. 12th Avenue Improvements Project (Project No. 10-041) and N.W. 2nd Street (MILK Drive) Phase II Improvements Project (Project No. 15-004). Sponsors: Environmental Services Department Attachments: Bid Tabulation MLK Location Map N.W. 12th Avenue Location Map 7.1. CONTRACT AWARD/TASER INTERNATIONAL INC./BODY-WORN CAMERAS & TASERS Recommendation: Motion to Approve TASER, Axon Equipment and Evidence.com under Section 36.03(C)(6)(b) as a City Standard and to approve the first phase of the body camera program with the initial purchase of 20 body -worn cameras and Tasers in the amount of $34,260 from Taser International, Inc. in accordance Section 36.02 (A)(6)(a), "Sole Source". Sponsors: Purchasing Department City of Delray Beach Page 11 Printed on 411312016 City Commission Regular Commission Meeting April 19, 2016 Attachments: Purchasing Checklist TaserBody Camera Delray Sole Source Letter Delray Beach PD - OSP FY Delray Beach MSPA (Final) 2016-04-08 7.J. ATLANTIC CROSSING PROJECT Recommendation: WITH RESPECT TO THE ATLANTIC CROSSING PROJECT; MOTION TO EXERCISE THE CITY'S RECONVEYANCE RIGHTS PURSUANT TO THE "DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER THE ABANDONED ALLEY", BY APPROVING THE EXECUTION OF THE "RELOCATED 7TH AVENUE EASEMENT TERMINATION CERTIFICATE" TERMINATING THE RELOCATED 7TH AVENUE EASEMENT, AND AUTHORIZING THE CITY MANAGER TO SEND THE REQUIRED NOTICE TO DEMAND THE RELEASE OF THE ALLEY DEED, AND MOTION TO AUTHORIZE THE FILING OF COUNTERCLAIMS FOR DECLARATORY RELIEF DECLARING THE CITY IS ENTITLED TO OWNERSHIP OF THE ALLEYWAYS AND TO AUTHORIZE THE CITY ATTORNEY AND SPECIAL COUNSEL TO TAKE SUCH FURTHER ACTIONS AS MAY BE NECESSARY AND APPROPRIATE WITH RESPECT TO THESE ISSUES. Sponsors: City Attorney Department Attachments: Demand Letter Relocated 7th Avenue Easement Termination Certificate Declaration of Reserved Riahts and Aareement Not to Encumber the Abandone 7.K. UPTOWN ATLANTIC (GENERALLY LOCATED WITHIN THE 600, 700, 800 BLOCK OF WEST ATLANTIC AVENUE) IN LIEU PARKING FEE REQUEST AND AGREEMENT (QUASI-JUDICIAL HEARING) Recommendation: Motion to Approve parking in -lieu fee request in the amount of $87,400.00 for 19 parking spaces (including the 19 -space credit for parallel spaces in the public rights-of-way) subject to the condition that the In -Lieu of Parking Fee Agreement be recorded and the first installment paid prior to issuance of a building permit, 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 for the property Uptown Atlantic located on the south side of West Atlantic Avenue, between S.W. 9th Avenue and S.W. 6th Avenue. (Quasi -Judicial Hearing) Sponsors: Planning & Zoning Department City of Delray Beach Page 12 Printed on 411312016 City Commission Regular Commission Meeting April 19, 2016 Attachments: Location Map Revised Uptown Atlantic Site Plan Uptown Atlantic Director Memo - Revised Proposal - 38 Spaces Tri -Party Agreement - In Lieu - 38 spaces First Amendment to In Lieu Parking Agreement City Commission Draft Minutes Nov 16 2015 Uptown Atlantic PMAB Staff Report 07.18.15 PMAB Minutes July 28 2015 7.1L. REQUEST FOR A WAIVER TO LDR SECTION 4.4.13(F)(4)(B)(2) TO ALLOW REDUCED SETBACKS FOR UPPER FLOORS ABOVE 37 FEET, AND A WAIVER TO LDR SECTION 4.4.13(F)(4)(C)(1) TO ALLOW SETBACKS GREATER THAN ALLOWED FOR LOWER LEVELS ALONG THE SIDE STREETS, FOR THE UPTOWN ATLANTIC MIXED USE DEVELOPMENT LOCATED ALONG THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN SW 6TH AND SW 9TH AVENUES. (QUASI-JUDICIAL HEARING) Recommendation: Motion to approve the waiver requests to LDR Section 4.4.13(F)(4)(B)(2) to allow reduced setbacks for upper floors above 37 feet, and to LDR Section 41.4.13(F)(4)(c)(1) to allow setbacks greater than allowed for lower levels along the side streets for Uptown Atlantic. (Quasi -Judicial Hearing) Sponsors: Planning & Zoning Department and McDonnell Attachments: Location Map SPRAB Staff Report Dec 19 2015 - Uptown Atlantic SPRAB Minutes - December 19, 2015 March 21, 2016 Uptown Atlantic Uptown Atlantic Waiver City Commission Board Order 7.M. RESOLUTION NO. 14-16: ABANDONMENT OF TWO UNIMPROVED PUBLIC ALLEYS AND THE ASSOCIATED RIGHTS-OF-WAY ASSOCIATED WITH THE UPTOWN ATLANTIC MIXED-USE DEVELOPMENT Recommendation: Motion to approve Resolution No. 14-16 to abandon two public alleys and associated rights-of-way. Sponsors: Planning & Zoning Department Attachments: Location Map Resolution No. 14-16 EXHIBIT "A" Alley Legal descriptions Preliminary Plat for Alley Abandonment Uptown Atlantic Planning & Zoning Board Staff Report 7.N. WORKFORCE HOUSING COVENANT FOR UPTOWN ATLANTIC Recommendation: Motion to Approve the Workforce Housing Covenant between the City of City of Delray Beach Page 13 Printed on 411312016 City Commission Regular Commission Meeting April 19, 2016 Delray Beach and Equity Delray LLC., pursuant to the requirements under Section 4.7 of the Land Development Regulations, Section 4.4.13(1)(1), "Central Business District - West Atlantic Neighborhood". Sponsors: Community Improvement and Planning & Zoning Department Attachments: Workforce Housing Covenant 7.0. RESOLUTION NO. 16-16 - REQUEST FOR ABANDONMENT OF FOUR PUBLIC UTILITY EASEMENTS AND ONE SEWER EASEMENT Recommendation: Motion to approve Resolution No. 16-16 to abandon a five easements dedicated to the City via Easement Deeds recorded in Official Records Book 1162, Page 568; 1006/262; 1031/195; 23/72; and 8743/1125. of the Public Records of Palm Beach County, Florida, based upon findings that the abandonment requests and approval thereof are consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N) (5), Abandonment of Public Easements, of the Land Development Regulations. Sponsors: Planning & Zoning Department Attachments: Location Map - Uptown Atlantic Resolution No. 16-16 Uptown Atlantic Easement Abandonment Uptown Atlantic Easement Sketch and Legals Exhibit "B" 7.P. FINAL PLAT APPROVAL FOR UPTOWN ATLANTIC (QUASI-JUDICIAL HEARING) Recommendation: Motion to approve the Final Plat for Uptown Atlantic 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. (Quasi -Judicial Hearing) Sponsors: Planning & Zoning Department Attachments: Location map - Uptown Atlantic 2016-1-25 Plat - Uptown Atlantic Uptown Atlantic Final Plat PZB Staff rpt 201603111421 CIVIL 12-18-15 Uptown Atlantic Uptown Atlantic - Site Plan - 1 -121108 -SITE SHEETS COMPLETE Uptown Atlantic Plat Board Order 8. PUBLIC HEARINGS: 8.A. DEVELOPER'S AGREEMENT FOR UPTOWN ATLANTIC (SECOND PUBLIC HEARING) Recommendation: Motion to approve Developer's Agreement for Uptown Atlantic. Sponsors: City Attorney Department City of Delray Beach Page 14 Printed on 4113/2016 City Commission Regular Commission Meeting April 19, 2016 Attachments: Development Agreement - Equity Delray LLC CBA Compliance Support Letter 9. FIRST READINGS: 9.A. ORDINANCE NO. 10-16; PRIVATELY INITIATED VOLUNTARY ANNEXATION, FUTURE LAND USE MAP (SMALL-SCALE) AMENDMENT FROM COUNTY MR -5 (MEDIUM DENSITY 5 -UNITS PER ACRE) TO CITY LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) AND INITIAL CITY ZONING OF R -1 -AAA (SINGLE FAMILY RESIDENTIAL) FOR 14461 BARWICK ROAD. (FIRST READING) Recommendation: Motion to Approve Ordinance No. 10-16 on First Reading, for the Annexation, Future Land Use Map Amendment (Small -Scale) from County MR -5 (Medium Density 5 -units per acre) to City LD (Low Density Residential 0-5 du/ac) and initial City Zoning of R -1 -AAA (Single Family Residential) for 14461 Barwick Road. Sponsors: Planning and Zoning Board Attachments: Ordinance No. 10-16 - Annexation of 14461 Barwick Road Planning and Zoning Board Staff Report of March 21, 2016 Planning and Zoning Board March 21, 2016 Minutes -14461 Barwick Road -Anne 10.A. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: 10.A. City Manager 10.B. City Attorney 10.C. City Commission City of Delray Beach Page 15 Printed on 411312016 00 st nue City of Delray Beach 1lrayBe Beach, 34 Delray Beach, FL 33444 Legislation Text File M 16-330, Version: 1 City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by LegistarTM File #: 16-357, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 SPOTLIGHT ON EDUCATION - ORCHARD VIEW ELEMENTARY 100 N.W. 1 st Avenue Delray Beach, FL 33444 City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by LegistarTM venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-364, Version: 1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Police Department THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 "NATIONAL NIGHT OUT" OUTSTANDING PARTICIPATION AWARD Recommended Action: Background: Chief of Police, Jeffrey S. Goldman wishes to provide information to the City Commission about National Association of Town Watch' award recognizing outstanding participation in "America's Night Out Against Crime". The National Association of Town Watch (NATW) has sponsored a unique, nationwide crime, drug, and violence prevention program on August 4t", 2015 entitled "National Night Out". This "32nd Annual National Night Out" provided a unique opportunity for the City of Delray Beach to join forces with thousands of other communities across the country in promoting cooperative, police -community crime prevention efforts. This free event included entertainment, music, food, demonstrations by Delray Beach Police Department SWAT Team, K-9 Officers, Traffic Unit (Motorcycles) and Police Explorers. Great prizes were given away along with back -to -school back sacks and supplies. The National Association of Town Watch' National Awards Program honors registered communities for participation in the "National Night Out" campaign. The City of Delray Beach has been recognized in the 50,000 to 100,000 residents' category for the outstanding participation in this event. Chief Jeffrey S. Goldman would like to thank the City Commission, City Staff, sponsors, and the community for strengthening neighborhood spirit and police -community partnership by supporting this event and making it a success. City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by Legistar'"^ File #: 16-369, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Tennille Decoste, Director of Human Resources THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 EMPLOYEE OF THE MONTH - MARCH Recommended Action: Motion to Approve Jamael Stewart as employee of the month. 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: The City of Delray Beach Employee Recognition Program is to award and recognize employees who provide outstanding service to our City and whose performance is truly exceptional and extraordinary in following the City's core beliefs of exceptional service through performance by acting with integrity, being responsible, taking innovative action and practicing teamwork. City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by LegistarTM Employee of the Month Nomination Form Date: 4/1/16 Monthly Award Ballot NOMINEE'S NAME DEPARTMENT 1. jamael Stewart CITY OF DELRAY BEACH EMPLOYEE OF THE MONTH NOMINATION FORM (MUST BE SUBMITTED TO THE NOMINEE'S DEPARTMENT HEAD BY THE LASTFRIDAY OF THE MONTM Name of nominated employee: Jamael Stewart Job Classification: Downtown Manager Dept./Division: Community Improvement Please select one or more of the following guidelines applicable to the nomination: ❑ Action, service, idea or method that resulted in organizational improvements (saved the City time or money by streamlining a process such as eliminating waste, significantly decreasing expenses or increasing efficiency), and/or; MOutstanding action that brought public recognition to the City or enhanced the city or department's professional image (returned a citizen's personal properly; recognized in the media for "going above and beyond" routine job responsibilities), and/or; ❑ Displaying overall excellent cooperation toward City goals and objectives (effectively communicating or sharing information/knowledge to other departments/co-workers to achieve a common goal), and/or; ❑ Going "above and beyond the call of duty" that exceeds nominee's job description (exemplary action outside of work routine that prevented a citizen or co-worker from serious injury or death), and/or, ❑ Other action warranting city wide recognition. Please justify the nomination by providing specific details (use additional sheets if necessary): For some children, spring break means camping trips family vacations or visits to theme parks. For others, it may be a week of idle time with little to do. Jamael Stewartdowntown manager for the City of Delray Beach, saw an opportunity to chance idle time into fun time. With the support of generous individuals and a sponsorship by Under Armour, 25 local children are embarking on a new adventure during a week-long fishing camp. In partnership with professional fisherman Seth Funt, the Delray Beach Police Department and the Achievement Centers for Children and Families Jamael organized daily outings for the children including outdoor activities educational and the Environmental Resources Pro to MacArthur Beach State Park, Lake Worth Pier and the Arthur R. Marshall Loxahatchee National Wildlife Refuge are also scheduled throughout the wee . In addition, children will enjoy a fishinq excursion donated by Captain John and Sandra Shur Coleman, Michael �d / March 23, 2016 Submitted by: (Print Name) / ' ature Date Community Improvement Coleman@mydelraybeach.com Department / Division Email Address Oe CITY OF DELRAY BEACH EMPLOYEE OF THE MONTH NOMINATION FORM (THIS SECTION TO BE COMPLETED BY DEPARTMENT HEAD) R L O T "(Q4Y 042 Instructions: Select yes or no after each question and provide an explanation or comment. The Department Head is responsible to ensure the form is returned to the Human Resources Department by 5:00pm on the first business day of the month. DESCRIPTION YES No Has the employee completed all regular and special duties as required including adherence to the X City's Rules and R ulations? Has the employee maintained a positive attitude and overall excellent spirit of cooperation toward City X gals and objectives? Has the employee been involved in any safety incident during this nomination year in which she/he X was at fault? Are there any disciplinary action pending involving this employee? X Department Head Comments: (use additional sheets if necessary) Mr. Stewart goes over and beyond to mentor kids and assist families in Delray Beach Coleman. Michael z // / A / March 23.2016 Department Head ���'Sgnature Date This Area To Be Completed By Human Resources Human Resources will reviewed the employee's file to verify eligibility App oved ❑ Disapproved Human R urces Director fure Date GA -11.0 PURPOSE: The City of Delray Beach Employee Recognition Program is to award and recognize employees who provide outstanding service to our City and whose performance is truly exceptional and extraordinary in following the City's Core Beliefs of Exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. GA -11.1 Employee of the Month A. Nomination Criteria A nomination for Employee of the Month must meet the following criteria: Employee must not have received any documented disciplinary action during the nominating year, nor have any disciplinary action pending. 2. Employee must have a performance evaluation rating of satisfactory or higher on their last evaluation. 3. Employee must not have been found negligent in a safety accidentlincident during the nominating - year, or be involved in a pending safety accidentlincident in which negligence appears to be a factor. 4. Employee can only win the award one time during the nominating year, and therefore cannot be nominated again during the same year in which they have won. 5. Employee must have completed all special and regular duties as required, including adhering to the City's Rules and Regulations, maintained a positive attitude and overall excellent spirit of cooperation toward City goals and objectives, and displayed courteous service dealing with the public, co- workers, and outside agencies. 6. The nomination must clearly identify and describe the specific incident, action, completed project, or extended period in which the employee's involvement exceeded the job description in a manner warranting recognition. ADMINISTRATIVE SUBJECT: City Of POLICIES AND PROCEDURES Employee Recognition Program MANUAL Delray NUMBER REVISIONS EFFECTIVE PAGE 1 OF 4 Beach GA -11 5 DATE: 01/01/2016 SUPERSEDES APPROVED BY: Rev. 4 /, Donald Cooper, City Manager GA -11.0 PURPOSE: The City of Delray Beach Employee Recognition Program is to award and recognize employees who provide outstanding service to our City and whose performance is truly exceptional and extraordinary in following the City's Core Beliefs of Exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. GA -11.1 Employee of the Month A. Nomination Criteria A nomination for Employee of the Month must meet the following criteria: Employee must not have received any documented disciplinary action during the nominating year, nor have any disciplinary action pending. 2. Employee must have a performance evaluation rating of satisfactory or higher on their last evaluation. 3. Employee must not have been found negligent in a safety accidentlincident during the nominating - year, or be involved in a pending safety accidentlincident in which negligence appears to be a factor. 4. Employee can only win the award one time during the nominating year, and therefore cannot be nominated again during the same year in which they have won. 5. Employee must have completed all special and regular duties as required, including adhering to the City's Rules and Regulations, maintained a positive attitude and overall excellent spirit of cooperation toward City goals and objectives, and displayed courteous service dealing with the public, co- workers, and outside agencies. 6. The nomination must clearly identify and describe the specific incident, action, completed project, or extended period in which the employee's involvement exceeded the job description in a manner warranting recognition. SUBJECT: GA -11 —Employee Recognition Program, Rev. 5 Effective: Page 2 of 4 B. Nomination Procedure 1. Any current non -supervisory employee may be nominated by any other current employee by completing the Employee of the Month Nomination Form. 2. Nominations must be submitted to the nominee's Department Head no later than 5:OOpm on the last business day of the month. 3. The Department Head will ensure the nominee meets all of the criteria listed in Section A of this policy. If approved, the nominations are forwarded to Human Resources. 4. Human Resources will compile the nominations and assemble the Selection Committee to meet during the first week of each month. C. Selection Committee and Process 1. The Selection Committee will consist of all Department Heads or their designees, chaired by a representative from Human Resources. 2. The committee members will discuss the nominations and by paper ballot, the members will vote for one nominee for Employee of the Month. 3. The employee with the most votes will be declared the Employee of the Month. 4. In the event of a tie, another vote will be taken with only those nominees who are tied until one winner is achieved. D. Award Process I. The Human Resources representative will notify the Employee of the Month of their award and schedule a presentation at the next available City Commission meeting. 2. The Employee of the Month's Department Head will speak on their behalf and present them with a plaque at the Commission Meeting. 3. The Employee of the Month will receive a voucher for eight (8) hours off, which must be used within one year and scheduled with supervisor approval. SUBJECT: GA -11 - Employee Recognition Prograip 'Rov. 5 Effective: Page 3 of 4 GA -11.2 Employee of the Year Award A. Selection and Process 1. By January 15 of each year, the Selection Committee will convene to select an employee of the year. 2. All winners of the Employee of the Month award during the previous calendar year will be reviewed and considered. The committee members will discuss the nominations and by paper ballot, the members will, vote for one nominee for Employee of the Year. 3. The employee with the most votes will be declared the Employee of the Year. 4. In the event of a tie, another vote will be taken with only those nominees who are tied until one winner is achieved. 5. The results of the selection will be kept secret until the Employee of the Year presentation and/or celebration. B. Award Process 1. Human Resources Department will coordinate the Annual Award Event, which will be scaled to fit available funding. The event will feature the announcement of the Employee of Year and honor all the monthly award winners. 2. City Commission and Department Heads will present the awards to the honored employees. 3. The Employee of the Year will receive a voucher for twenty-four (24) hours off, which must be used within one year and scheduled with supervisor approval. 4. All employees being honored will receive a trophy. 5. A formal presentation of the Employee of the Year Award will be scheduled for the next scheduled City Commission Meeting. GA -11.3 Instant Recognitions A. Any supervisor may recognize an employee for doing an outstanding job and exceeding expectations, but not necessarily meeting the guidelines to receive a nomination for Employee of the Month. When such an occasion happens, the supervisor will complete the "SPIRIT Instant Recognition Form" (Exhibit B) and SUBJECT: GA -11 — Employee Recognition Program, Rev. 5 Effective: Page 4 of 4 include a brief explanation as to why the employee qualifies to receive such recognition. B. The employee receiving the award will take the completed form (4 parts) to the Human Resources Department. The Human Resources Department will issue a $25 gift card to the employee, give the employee the white copy, and forward one copy to the Department Head and one copy to Payroll. Gift cards will be taxed as income. C. Human Resources will be responsible for maintaining a supply of gift cards according to the budgeted funds and providing a monthly report to the City Manager listing the names of employees who received recognition. D. If an employee receives an Instant Recognition, he/she will not be eligible for an Employee of the Month award involving the reason they received the Instant Recognition. GA -11.5 SPIRIT Comment Cards SPIRIT Comment Cards (Exhibit C) are available at various locations throughout the City and provide the opportunity for anyone to report a SPIRIT sighting to an employee's supervisor. SPIRIT Comment Cards may be used as supporting documentation for an Employee of the Month nomination or a SPIRIT Instant Recognition. File #: 16-411, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 APPROVAL OF MINUTES Recommended Action: 100 N.W. 1 st Avenue Delray Beach, FL 33444 Motion to approve various sets of City Commission Meeting Minutes as listed below: January 5, 2016 Regular Meeting February 2, 2016 Regular Meeting March 8, 2016 Workshop Meeting March 29, 2016 Special Meeting (Closed Attorney/Client Session) March 29, 2016 Special Meeting March 29, 2016 Annual Organizational Meeting April 12, 2016 Joint Session with CRA/Workshop Meeting April 21, 2015 Regular Meeting May 5, 2015 Regular Meeting May 20, 2015 Regular Meeting City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by LegistarTM City of Delray Beach 100 NW 1 st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com �n Minutes - Draft Tuesday, January 5, 2016 6:00 PM Delray Beach City Hall City Commission City Commission Minutes - Draft January 5, 2016 1. ROLL CALL A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, January 5, 2016. Roll call showed: Present: Vice -Mayor Shelly Petrolia Deputy Vice Mayor Jacquet Commissioner Mitchell Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent: None Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney, and Chevelle D. Nubin, City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that the minutes be approved. The motion carried by the following vote: Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 3.A. 16-067 APPROVAL OF MINUTES 4. PRESENTATIONS: 4.A. 16-072 LEGISLATIVE UPDATE - SENATOR JEFF CLEMONS Senator Clemons introduced himself and spoke regarding his district and committees that he serves on. He stated he is the Senate sponsor of sober home legislation. He referenced other bills that he has sponsored. Senator Clemons discussed two projects that he will look out for regarding Delray City of Deiray Beach Page 1 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 4.113. 16-038 Beach and provided his contact information. He stated it will be an interesting legislative session and they are starting early. Senator Clemons stated the focus will be the budget completed on time. Deputy Vice Mayor Jacquet commented regarding Palm Beach County Day and asked that Senator Clemons let the Commission know when the date is. Senator Clemons stated it is next week. Mayor Glickstein thanked Senator Clemons for coming and stated he appreciates his efforts. Mr. Jack Warner, Chief Financial Officer, conducted this presentation and stated this is the City Commission's opportunity to frame the budget and provide direction to staff on how to put the budget together for the year. He discussed the FY 2017 Budget Assumptions -Revenue, Operating Expense and Capital. Vice Mayor Petrolia spoke regarding the millage and stated the city does not know the forecast of what the city will receive. She spoke about a two percent (2%) increase in expenses across the board for the departments. Vice Mayor Petrolia also commented regarding seawalls and surface parking. Commissioner Jarjura stated the City Commission needs to give direction regarding the millage and stated the maintenance costs are going up every year. She stated the City Commission should take a vote and tell staff what the City Commission's priorities are. Commissioner Jarjura commented regarding surplus properties. Commissioner Katz asked about non profit funding and commented regarding the library. He stated he is okay with funding non profits as long as it is done for the right reason. Mr. Warner provided clarification regarding the non profit funding. Commissioner Katz spoke regarding the millage and stated the departments need to see exactly where they are spending. He stated goals need to be set for each department to review their budgets. Deputy Vice Mayor Jacquet commented regarding every department reviewing their budgets so that the City Commission can then set the goals. Mr. Warner discussed the budget submissions from departments and the process for the review of budgets. City of Delray Beach Paye 2 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 Deputy Vice Mayor Jacquet asked about the one tenth mil and asked for an explanation of how staff came to this conclusion. Mr. Warner stated staff is trying to get to a sustainable operating plan for the city. Commissioner Katz asked if staff has done an analysis regarding charging for parking on Thursday nights as the city does on Friday and Saturday nights. Vice Mayor Petrolia stated she agrees with staff suggestions for parking if the residents are provided the opportunity to park for free. She spoke regarding the reduction of millage and one tenth of a mil as suggested by staff. Discussion ensued regarding millage and revenues. Commissioner Jarjura asked about the General Fund and how much the city receives from ad valorem taxes. She also asked about the cost of public safety. She stated not everyone understands the numbers in the budget. Mr. Donald B. Cooper, City Manager, spoke and stated staff will be coming back to the City Commission in the next six to eight months regarding the budget. He stated this is a follow up to the October 2015 Goal Setting Session. Mayor Glickstein stated the goal has always been and is a sustainable financial plan. He commented regarding the goal of a tenth of a mil. He commented regarding maintenance and capital improvements; and the reduction of costs and what is needed in various departments. He stated he appreciates the work that has been done. He stated the process is still not perfect and the City Commission is still receiving information to late. He stated he is comfortable with what staff has presented tonight. Mayor Glickstein commented regarding the Community Redevelopment Agency (CRA). He stated he would like to see meaningful reductions without sacrificing levels of service. Mr. Jeff Snyder, Assistant Chief Financial Officer, discussed the budget calendar and stated they plan to have the proposed budget to the City Commission earlier and stated they are looking to have a workshop on July 12, 2016. Commissioner Jarjura asked about the status of OpenGov. Mr. Snyder City of Delray Beach Page 3 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 stated the goal is to have it ready by February 2016. Discussion regarding the millage and goals continued between the City Commission and staff. The direction of the City Commission was to obtain the maximum amount of services for the lowest cost possible. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: Mr. Cooper had no responses to previous comments. Public Comments: 1. Margie Walden read a statement into record regarding Matchpoint and the Tennis Center. 2. Jervonte Edmonds spoke about a program he has created regarding suits for seniors in high school and gave an overview of the program. The City Commission expressed support of the program and gave comments. 3. Yvonne Odom spoke regarding youth in Delray Beach and stated she is here regarding investing in Parks and Recreation as well as the Police and Fire -Rescue Departments. She stated Delray Beach is the talk and envy of the country because of how Delray handles its youth. She asked Commission to support the public schools, recreation and investing in the youth. 4. Steven Cashen (sp) spoke regarding the parking situation and provided suggestions regarding parking and generating cashflow. 5. Victor Kirson spoke regarding the Tennis Tournament and the corresponding contract. 6. Reverend Prince Arafat spoke regarding a program he has initiated regarding previous felons working for the city. He stated they are redirecting their path. He commented about a previous reentry program and thanked the city and Mr. Coleman. He urged the Commission to come out and see what is being done with the men and women. 7. Jarred Moscowitz spoke regarding disaster debris management and discussed their contract with the city and stated it had an extension built into it and stated they repeatedly reached out to the city for two months without any response from the city. He provided the City Commission with City of Delray Beach Page 4 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 an overview of a meeting that finally occurred. He asked the Commission to discuss this at a future meeting. 6. AGENDA APPROVAL There were no staff requested agenda changes. Mayor Glickstein noted that Items 7.C. and 8.C.14. are to be pulled. Commissioner Jarjura asked to pull Item 7.J.0 to become Item 8.A.A. Later, Vice Mayor Petrolia stated she would like to pull Items 8.C.12, 8.C.13 and 8.C.15. A motion was made by Commissioner Jarjura, seconded by Vice -Mayor Petrolia, that the Agenda be approved as amended. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Jarjura Absent: 1 - Commissioner Katz 7. CONSENT AGENDA: City Manager Recommends Approval A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Jarjura, that the Consent Agenda be approved as amended. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 7.A. 16-009 FINAL PLAT FOR BOND PLAT This Request was approved. 7.113. 16-028 ACCEPTANCE OF WATER EASEMENT DEED FOR THE PROPERTY LOCATED AT 526 NORTH OCEAN BOULEVARD This Request was approved. 7.C. 16-013 ACCEPTANCE OF A SIDEWALK EASEMENT DEED AND A RIGHT OF WAY DEED FOR AN ALLEY DEDICATION LOCATED AT 227 N.W. 1 ST AVENUE This Request was approved. City of Deiray Beach Page 5 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 7.113. 16-012 ACCEPTANCE OF A RIGHT OF WAY DEED FOR 101 S.E. 7TH AVENUE This Request was approved. 7.E. 16-021 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR 717 S. OCEAN BLVD. This Request was approved. 7.F. 16-010 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR 526 N. OCEAN BLVD. This Request was approved. 7.G. 16-033 RATIFICATION OF CHANGE ORDER 1 AUTHORIZED BY THE CITY MANAGER FOR THE PRODUCTION WELL REHABILITATION PROJECT (PROJECT NO. 2015-019). 7.H. 16-066 This Ratification was approved. RESOLUTION 05-16 SUPPORTING SENATE BILL 904 SPONSORED BY FLORIDA STATE SENATOR MARIA SACHS FOR DISTRICT 34 THAT AMENDS CHAPTER 335, SECTION 65, FLORIDA STATUTES TO REQUIRE INSTALLATION OF SOLAR -POWERED, IN -ROAD LIGHTS IN CERTAIN BICYCLE WAYS This Resolution was adopted. 7.1. PROCLAMATIONS: 7.1.1. 16-076 Mayor Glickstein read the proclamation into the record. 7.J. 16-063 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: This became Item 8.A.A. Commissioner Jarjura stated she pulled Item C of the appealables report. City of Deiray Beach Page 6 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 Mr. Cooper spoke regarding this item and stated they requested an extension and the question before Commission is to approve SPRAB's decision or to pull it off. Commissioner Jarjura stated she would like to see the staff report and full backup. She asked if Commission supports pulling Item C. It was the consensus of the Commission to appeal this. A motion was made by Commissioner Jarjura, seconded by Vice -Mayor Petrolia, to Appeal Item 7.J. C.. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 7.K. AWARD OF BIDS AND CONTRACTS: 7.K.1. 16-020 BID AWARD TO MULTIPLE VENDORS FOR TEMPORARY STAFFING SERVICES (BID NO. 2016-025) This Item was approved. 8. REGULAR AGENDA: 8.A. 16-026 APPEAL OF SPRAB APPROVAL OF A CHANGE OF USE FROM PROFESSIONAL OFFICE TO MEDICAL OFFICE AT 830-836 SE 5TH AVENUE FOR SOBER LIVING OUTPATIENT. Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into the record for Items 8.A. and 8.13. Chevelle Nubin, City Clerk swore in those individuals who wished to give testimony on Items 8.A. and 8.B. Mayor Glickstein asked the Commission to disclose their ex parte communications. Commissioner Katz stated he has received emails, had meetings and a site visit, Commissioner Jarjura stated she has emails on the server and had a site visit. Vice Mayor Petrolia, Deputy Vice Mayor Jacquet and Mayor Glickstein all stated they received emails on the city server. Mr. Stillings entered project file #2015-242-SPM-SPR-CL3 into the record and presented this item. He stated staff recommends approval subject to the six conditions listed in the staff report. Mayor Glickstein stated the applicant has requested a twenty minute presentation time and a five minute cross examination/rebuttal time. The City Attorney suggested that the City Commission allow this time as City of Deiray Beach Page 7 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 requested. It was the consensus of the Commission to allow the twenty minute presentation time and to keep the cross examination and rebuttal time at two minutes each. Mr. Michael Weiner, Applicant Attorney, provided handouts to the City Commission and spoke regarding the application, the Land Development Regulations and Florida State Statutes. He also commented regarding requirements that have been met. Mayor Glickstein stated the applicant also requested that the cross examination not go through the chair and that he conduct his own cross examination. It was the consensus of the Commission to allow the cross examination as the applicant requested. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of this Item, to come forward at this time. Public Comment: 1. James Quillien spoke regarding the project and parking. He provided pictures to the City Commission. He stated has not been contacted by Mr. Weiner or the applicant regarding the project. 2. Gail Lee McDermott spoke regarding the project and read a statement into record. 3. Suzanne Spencer, President of the Delray Beach Drug Task Force, spoke regarding the project. There being no one else from the public who wished to address the Commission regarding this Item, the public comment was closed. Mr. Stillings had no cross examination. Mr. Weiner conducted cross examination. Mr. Stillings had no rebuttal. Mr. Weiner provided a rebuttal. Vice Mayor Petrolia stated it was a very thorough presentation. City of Delray Beach Paye 8 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 Commissioner Jarjura commented regarding the photos and asked for clarification that they are in fact photos of the property. She thanked Mr. Weiner for the presentation. Commissioner Katz thanked Mr. Weiner for the presentation. Deputy Vice Mayor Jacquet commented and stated he is ready to move forward. Mayor Glickstein thanked Mr Weiner for the presentation and stated he is ready to move forward. Mr. Pfeffer went through the board order with the City Commission. A motion was made by Commissioner Jarjura, seconded by Commissioner Katz, that this Appeal be denied. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz No: 1 - Deputy Vice Mayor Jacquet 8.113. 16-082 APPEAL OF PROTEST COMMITTEE DECISION/ RFP NO. 2015-61 Mr. Pfeffer discussed the memo previously provided by the City Manager and provided background information. Ms. Lisa Colon -Heron, Smith Currie Attorney representing Blake's Towing, provided handouts (a numbers sheet and a city email) to the City Commission and presented this item. Ms. Colnon asked that the RFP process be started over. Mr. David Scott, Assistant City Manager, presented this item as the Chair of the Protest Committee. Mr. Scott provided an overview of the protests that were heard by the Committee. Ms. Colnon gave rebuttal. Vice Mayor Petrolia stated this bothered her when the city was doing this and asked the City Attorney if the city is legally required to follow the percentage spelled out in the RFP. Mr. Pfeffer spoke regarding weighted criteria and ranking. Vice Mayor Petrolia asked what was done with Waste Management and spoke regarding the number of tows and the ranking. City of Deiray Beach Page 9 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 Mr. Cooper spoke regarding the rate that the city will receive. Vice Mayor Petrolia commented regarding inspections. Deputy Vice Mayor Jacquet asked about the number of tows used and the condition of facilities. He asked if the inspections were required prior to the ranking. Mr. Scott stated the inspections were required prior to the award. Deputy Vice Mayor Jacquet commented about the rankings. Mr. Scott provided responses. Deputy Vice Mayor Jacquet commented regarding the City Commission's rankings of the companies and the appeal. Vice Mayor Petrolia commented regarding the numbers and the information. Ms. Vath spoke regarding the numbers provided by the Police Department. Discussion ensued regarding the number of tows. Mayor Glickstein asked if there was an advantage to the current vendor regarding the numbers. Mr. Scott spoke regarding the Protest Committee perspective. Mayor Glickstein asked how the selection committee compared the proposers. Commissioner Katz asked about the RFP and the option. He stated this made it impossible to compare. He stated he feels this is flawed. Mr. Pfeffer commented regarding the RFP and the estimate. Discussion ensued regarding this item. Mr. Pfeffer provided the City Commission with direction regarding the appeal. Commissioner Jarjura spoke regarding the RFP and the process. City of Deiray Beach Page 10 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 B.C. 1 a r)77 Commissioner Katz asked about the option that was added later as an addendum and asked who requested this. The City Commission continued to discuss this appeal. A motion was made by Deputy Vice Mayor Jacquet, seconded by Vice -Mayor Petrolia, that the Appeal be denied. The motion failed by the following vote: Yes: 2 - Deputy Vice Mayor Jacquet, and Commissioner Jarjura No: 3 - Mayor Glickstein, Vice -Mayor Petrolia, and Commissioner Katz A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Appeal be approved. The motion carried by the following vote: Yes: 3 - Mayor Glickstein, Vice -Mayor Petrolia, and Commissioner Katz No: 2- Deputy Vice Mayor Jacquet, and Commissioner Jarjura A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, to continue with the three vendors currently in place and to prepare a new, clear and concise RFP as soon as possible. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that the Items under Routine Business be approved. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 8.C.1. 15-246 BID AWARD TO MULTIPLE VENDORS FOR JANITORIAL SUPPLIES (BID 2016-014) This Item was was approved. 8.C.2 16-019 BID AWARD TO MAN -CON INC. FOR LAKE IDA DRAINAGE IMPROVEMENTS (BID 2016-002) This Item was approved. 8.C.3. 16-017 BID AWARD FOR CHEVROLET PARTS TO MULTIPLE VENDORS (BID 2016-036) This Item was approved. 8.C.4. 15-282 BID AWARD FOR FERTILIZER AND CHEMICALS TO MULTIPLE VENDORS (BID 2016-018) This Item was approved. 8.C.5. 16-016 BID AWARD FOR UNIFORM AND FLAT SUPPLIES RENTAL SERVICES City of Delray Beach Page 11 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 TO UNIFIRST CORP. (BID 2016-028) This Item was approved. 8.C.6. 16-059 BID AWARD TO GORACK LLC FOR DATA CENTER COLOCATION (BID 2016-038) This Item was approved. 8.C.7. 16-054 BID AWARD TO ALTRA MEDICAL CORP. FOR NINETY (90) PHILIPS FRx AUTOMATED EXTERNAL DEFIBRILLATORS AND ACCESSORIES (BID 2016-037) This Item was approved. 8.C.8. 16-018 BID AWARD FOR UTILITY PARTS TO MULTIPLE VENDORS (BID 2016-021) This Item was approved. 8.C.9. 16-022 PURCHASE AWARD TO ALAN JAY FLEET SALES FOR ONE (1) FORD F550 TRUCK WITH A ALTEC AERIAL BUCKET FOR CLEAN AND SAFE This Item was approved. 8.C.10. 15-244 PURCHASE AWARD TO ALAN JAY FLEET SALES FOR ONE (1) FORD F550 TRUCK WITH A DIAMOND BACK REFUSE BODY FOR PARK MAINTENANCE This Item was approved. 8.C.11. 16-032 PURCHASE AWARD TO AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS, INC FOR WELL REHABILITATION SERVICES This Item was approved. 8.C.12. 16-025 PURCHASE AWARD TO TEN -8 FIRE EQUIPMENT INC. FOR ONE(1) VELOCITY PUMPER FIRE TRUCK This became Item 8.B.B. Ms. Holly Vath, Chief Purchasing Officer, presented this item. Vice Mayor Petrolia commented regarding the background information of the lifespan of these vehicles. She also spoke about the financing or leasing of these types of vehicles. Ms. Vath stated it is a financing mechanism i.e. lease purchase. Fire Rescue Chief Danielle Connor spoke regarding the vehicles and City of Deiray Beach Page 12 Printed on 4/12/2016 City Commission Minutes - Draft January 5, 2016 discussed the NPA standards and guidelines regarding apparatus and provided information regarding the number of calls the Fire Rescue department receives and stated the trucks are on the road more. Vice Mayor Petrolia asked how often the trucks are out and why are we not utilizing a less expensive vehicle in certain instances to follow certain vehicles. Discussion ensued regarding this topic. Mr. Cooper stated that staff will try to get under the pricing guidelines for Highland Beach as well. Mayor Glickstein stated he has had many conversations regarding this and stated there has been a cost benefit analysis to justify the cost and asked if this is how the city got to where it is at this time. He stated the issue before Commission tonight is the purchase of the vehicles. He commented regarding personnel. A motion was made by Vice -Mayor Petrolia, seconded by Deputy Vice Mayor Jacquet, that this Item be approved. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 8.C.13. 16-007 PURCHASE AWARD TO TEN -8 FIRE EQUIPMENT INC. FOR ONE(1) 75 FOOT FIRE LADDER TRUCK A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Item be approved. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 8.C.14. 16-015 AMENDMENT TO SHI FOR MICROSOFT OFFICE 365 LICENSES This Item was approved. 8.C.15. 15-311 PURCHASE AWARD TO HALL -MARK FIRE APPARATUS FOR A RESCUE TRANSPORT VEHICLE A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that this Item be approved. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 8.C.16. 16-042 RENEWAL OF CONTINUING CONTRACTS FOR ENGINEERING SERVICES WITH MULTIPLE VENDORS This Item was approved. 8.D. 16-039 RESOLUTION NO. 03-16 - BEST INTEREST/NORITSU AMERICA City of Deiray Beach Page 13 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 CORPORATION Ms. Vath presented this item. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Resolution be adopted. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 8.E. 16-046 APPROVAL OF TERMINATION OF LAND USE RESTRICTION AGREEMENT AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE, AS APPROPRIATE, SATISFACTIONS OF MORTGAGES, AND OTHER REQUIRED CITY DOCUMENTS IN CONNECTION WITH THE SALE OF AUBURN TRACE APARTMENTS 8.F. 16-065 Mr. Pfeffer presented this item. Discussion ensued regarding this item. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that a Notice Of Termination of the June 29, 1989 Land Use Restriction Agreement for the Auburn Trace Apartments and to authorize the City Manager to execute Satisfactions of Mortgages and to authorize the City Attorney and City Manager to execute closing documents in connection with the sale of the Auburn Trace Apartments, be approved. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz DISCUSSION: LEGAL STATUS OF AGREEMENT BETWEEN THE CITY AND MATCH POINT, INC., GRANTING MATCH POINT, INC. A LICENSE FOR PROFESSIONAL TENNIS TOURNAMENT EVENTS AT THE CITY'S TENNIS CENTER Mr. Pfeffer presented this item and stated he will come back to the City Commission with this before taking any action. Commissioner Jarjura stated her issue is the length and amount of this contract and that the Tennis Center be used to its best and highest potential. She asked if this falls under the procurement process and if the city can look at working together with the current party to the contract to discuss the vision for utilization. Commissioner Katz referenced Jamie Cole's letter and stated he did not know the letter had been requested. He stated the biggest issue is payment. Vice Mayor Petrolia discussed options referenced in the letter. City of Deiray Beach Page 14 Printed on 4/12/2016 City Commission Minutes - Draft January 5, 2016 8.G. 16-071 Mr. Pfeffer stated this should not be the final conversation regarding this issue. He stated he, Mr. Cole and Mr. Cooper should have a meeting and he will report back to the City Commission regarding the meeting. Discussion continued regarding this item. A motion was made by Commissioner Jarjura, seconded by Vice -Mayor Petrolia, to authorize the engagement of special counsel and as appropriate to file declaratory relief in connection with this agreement and to begin discussions. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz Mr. Cooper presented this item. Vice Mayor Petrolia discussed the health of the building and the acquisition. She also asked about the costs. Mr. Cooper stated he is asking for authorization to start the process regarding the properties. He referenced the public hearings and the contract. A motion was made by Commissioner Jarjura, seconded by Commissioner Katz, that this Request be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz No: 1 - Vice -Mayor Petrolia 8.H. 16-047 NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCMENT BOARD Vice Mayor Petrolia nominated Pearl Markfield Elrod as a Regular Member; the nomination was approved, 5-0. Deputy Vice Mayor Jacquet nominated Kevin Homer as a Regular Member; the nomination was approved, 5-0. Commissioner Jarjura nominated Jason Dollard as an Alternate Member; the nomination was approved, 5-0. 9. PUBLIC HEARINGS: 9.A. 16-044 RESOLUTION NO. 01-16: APPROVAL OF THE CONTRACT FOR THE SALE AND PURCHASE OF A PORTION OF "BLOCK 13" LOCATED IN City of Deiray Beach Page 15 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 THE 600 BLOCK OF WEST ATLANTIC AVENUE TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (PUBLIC HEARING) Mr. Noel Pfeffer, City Attorney, presented this item. Commissioner Jarjura asked that staff not deliver the deed until the City Commission approves the development agreement. Vice Mayor Petrolia asked why was this not done prior to this point. Mr. Pfeffer spoke regarding the quiet title action. A motion was made by Commissioner Katz, seconded by Commissioner Jarjura, that this Resolution be adopted; and the deed not be delivered until the City Commission approves the development agreement. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 9.113. 16-027 RESOLUTION NO. 02-16 BUDGET AMENDMENT FOR FY 2015/2016 (PUBLIC HEARING) Mr. Jeff Snyder, Assistant Chief Financial Officer, presented this item. A motion was made by Commissioner Katz, seconded by Commissioner Jarjura, that this Resolution be adopted. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 9.C. 16-024 ORDINANCE NO. 25-15 (SECOND READING) Mr. Pfeffer read the caption of this ordinance. Mr. Tim Stillings, Planning and Zoning Director, presented this item. A motion was made by Commissioner Jarjura, seconded by Vice -Mayor Petrolia, that this Ordinance be adopted. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 10. FIRST READINGS: 10.A. 16-023 ORDINANCE NO. 01-16 - 102 SW 12TH AVENUE, LOCAL REGISTER OF HISTORIC PLACES DESIGNATION Mr. Stillings presented this item. City of Delray Beach Paye 16 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 Deputy Vice Mayor Jacquet asked why is the city including the empty lots as part of the designation and who initiated it and do they understand what the process will be at this point. Ms. Joyce Moore, discussed their request and stated they wanted their property designated. She discussed what their plans are for their property. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Ordinance be approved on first reading. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 10.113. 16-040 ORDINANCE NO. 04-16: CONSIDERATION TO APPROVE AMENDING TITLE XI, "BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY CREATING CHAPTER 120, "OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS (FIRST READING) Recommended Action: Ms. Janet Meeks, Assistant Community Improvement Director, presented this ordinance. Commissioner Jarjura asked about the section regarding canteen trucks. She referenced page 5 of the ordinance. She asked if it will say "Class II Canteen Trucks". Mayor Glickstein asked that the canteen trucks not be allowed to use their horns in a residential section. Ms. Meeks stated that under this ordinance ice cream and vegetable trucks are prohibited. The City Commission stated to allow the ice cream trucks. A motion was made by Commissioner Jarjura, seconded by Vice -Mayor Petrolia, that this Ordinance be approved on first reading. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 10.C. 16-049 ORDINANCE NO. 05-16 CONSIDERATION TO APPROVE AMENDING SECTION 37.45(Q), "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", OF THE CODE OF ORDINANCES, TO INCLUDE ASSOCIATED CIVIL PENALTIES FOR VIOLATIONS OF ORDINANCE 04-16, WHICH IF APPROVED, WILL ALLOW THE OPERATION AND SALE OF FOOD FROM A MOBILE FOOD TRUCK (FIRST READING) City of Deiray Beach Page 17 Printed on 4/12/2016 City Commission Minutes - Draft Recommended Action: January 5, 2016 A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Jarjura, that this Ordinance be approved on first reading. The motion carried by the following vote: Yes: 5 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney Mr. Cooper spoke regarding the public comment about the debris management contract. The City Attorney had no comments. C. City Commission Commissioner Jarjura stated she spoke with Steve Hynes and David Scott earlier. She asked what happens if a disaster occurs. Discussion ensued regarding best interest for the Debris Management Contract. It was consensus of Commission to pursue the best interest option. Commissioner Jarjura discussed the beach master plan and referenced Spanish River Beach as a natural beach. She asked that staff look at that beach. She referenced the RFP regarding the meters, smart parking technology and management of the garages. She stated she does not know if this would be too exhaustive. Discussion continued regarding the RFP. Commissioner Katz referenced a community meeting with Mr. Costello and having Mr. Rob Steele facilitate it. Deputy Vice Mayor Jacquet wished everyone a Happy New Year. Vice Mayor Petrolia stated she received some not so great feedback regarding first night and not closing Atlantic Avenue and some safety issues. She stated the city is finding themselves in a situation again where the city is needing more help from the outside legally than the city should. She stated this is an opportunity to find out what is being spent and wished everyone a Happy New Year. City of Delray Beach Paye 18 Printed on 411212016 City Commission Minutes - Draft January 5, 2016 Mayor Glickstein asked the City Attorney and the Planning and Zoning Director to look at the rise of rentals/transient housing element and mentioned the Organizational Meeting date and suggested that it be moved due to that being the week of spring break. He asked that staff check for conflicts and bring that back to Commission. He also mentioned the proposed Tennis Center letter from Leviathan and stated until we figure out what is happening with Matchpoint to hold off on this. Commissioner Jarjura asked for a status update regarding the Arts Garage. Mayor Glickstein wished everyone Happy New Year. Mayor Glickstein adjourned the meeting at 12:13 a.m. Prior to the end of City Commission Comments, A motion was made by Commissioner Katz, seconded by Commissioner Jarjura, that the meeting be extended past midnight. The motion carried by the following vote: Yes: 3 - Mayor Glickstein, Commissioner Jarjura, and Commissioner Katz No: 2 - Vice -Mayor Petrolia, and Deputy Vice Mayor Jacquet City of Delray Beach Paye 19 Printed on 411212016 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE AND WAIVER REQUEST FOR THE METROPOLITAN AT THE NORTHEAST CORNER OF SE 3RD AVENUE AND SE 1sT STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request and waiver request for The Metropolitan mixed-use development came before the City Commission on April 21, 2015. The conditional use request is to allow an increase in building height to 57 feet and an increase in residential density of the project to 51.67 dwelling units per acre. The waiver request is to allow a 50% one -bedroom unit mix. 2. The City staff and Applicant presented documentary evidence and testimony to the City Commission pertaining to the conditional use request and the waiver request for The Metropolitan mixed-use development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Sections I and Il. A. CONDITIONAL USE FOR HEIGHT I. COMPREHENSIVE PLAN a. Comprehensive Plan — Future Land Use Element Objective A-1: This objective requires that the property 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. City Commission Regular Meeting 04/21/15 Item 9.C. Is Future Land Use Element Objective A-1 met? Yes 5 No 0 b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Central Core (CC) and is zoned Central Business District (CBD). Is the project's proposed location consistent with the Future Land Use Map? Yes 5 No 0 C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes 5 No 0 2 City Commission Regular Meeting 04/21/15 Item 9.C. d. Consistency: The granting of the conditional use must be consistent with and further the goals and policies of the Comprehensive Plan. Are the consistency requirements met? Yes 5 No 0 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings (Conditional Usel: Pursuant to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission must determine that the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Are the requirements of LDR section 2.4.5(E)(5) met? Yes 5 No 0 b. Increase in Height.: Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District). The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed in LDR section 4.3.4(J)(4)(b)(ii)-(iv), as listed below: LDR 4.3.4(J)(4)(b)(ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) 3 City Commission Regular Meeting 04/21/15 Item 9.C. beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in height is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in height is only for the added residential use area. LDR 4.3.4(J)(4)(b)(iii): Workforce housing units, equal to at least twenty percent (20%) of the residential units on the top floor, shall be provided within the development onsite, offsite, or through monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. LDR 4.3.4(J)(4)(b)(iv): That the increase in height shall be allowed if two or more of the following subsections, LDR 4.3.4(J)(iv)(1), (2) or (3), are met: (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48 -foot tall structure. The additional setback is required from all setback liens (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district; 4 City Commission Regular Meeting 04/21/15 Item 9.C. (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards, plazas, and landscape setbacks, be provided in order to add interest and provide relief from the building mass. Are the requirements of LDR sections 4.3.4(J)(4)(b)(ii)-(iv) met? Yes 5 No 0 B. CONDITIONAL USE FOR DENSITY I. COMPREHENSIVE PLAN a. Comprehensive Plan — Future Land Use Element Obiective A-1: This objective requires that the property 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. Is Future Land Use Element Objective A-1 met? Yes 5 No 0 b. 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 5 City Commission Regular Meeting 04/21/15 Item 9.C. Map. The subject property has a Future Land Use Map designation of Central Core (CC) and is zoned Central Business District (CBD). Is the project's proposed location consistent with the Future Land Use Map? Yes 5 No 0 C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes 5 No 0 6 City Commission Regular Meeting 04/21/15 Item 9.C. d. Consistency: The granting of the conditional use must be consistent with and further the goals and policies of the Comprehensive Plan. Are the consistency requirements met? Yes 5 No 0 11. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission must determine that the conditional use will not: iii. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, iv. Hinder development or redevelopment of nearby properties. Are the requirements of LDR section 2.4.5(E)(5) met? Yes 5 No 0 b. Increase in Density: Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. FA City Commission Regular Meeting 04/21/15 Item 9.C. The applicable performance standards for development under this section are met if the standards as described in LDR section 4.4.13(I)(2)(a)-(i), as described below, are met: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. 8 City Commission Regular Meeting 04/21/15 Item 9.C. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1st Street or SE 1 st Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are the performance standards of LDR sections 4.4.13(I)(2)(a)-(i) met? Yes 5 No 0 C. WAIVER Pursuant to LDR Section 2.4.7(6)(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, 9 City Commission Regular Meeting 04/21/15 Item 9.C. (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.7.90) Pursuant to LDR Section 4.7.9(1), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The applicant is requesting a waiver to allow an increase in the percentage of one bedroom units from the 30% maximum allowed to 50%. Should a waiver to LDR section 4.7.9(1) be granted to allow the number of one bedroom units equal 50% of the total units of the project? Yes 5 No 0 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request and waiver request were submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies this conditional use request for increased height. 7. Based on the entire record before it, the City Commission approves ✓ denies this conditional use request for increased density. 10 City Commission Regular Meeting 04/21/15 Item 9.C. 8. Based on the entire record before it, the City Commission approves ✓ denies this waiver request. 9. Based on the entire record before it, the City Commission hereby adopts this Order this 21st day of April 2015, by a vote of 4 in favor and 1 opposed. ATTEST: \ \ p Chevelle Nubin City Clerk 11 Cary"06-1-111 i l ai y City Commission Regular Meeting 04/21/15 Item 9.C. EXHIBIT A TO THE CONDITIONAL USE REQUEST FOR THE METROPOLITAN Conditional Use For He4ght: 1. That the applicant submit a revised application for Class V Site Plan approval which at a minimum addresses the following issue identified in the staff report: a. That the required number of workforce housing units is noted on the proposed floor plans and the 50%/50% matching ratio of the market rate to workforce housing units is met. Conditional Use For Density: 1. That the applicant submit a revised application for Class V Site Plan approval which is generally consistent with the conditional use exhibits. 2. That the applicant submit a revised application for Class II Site Plan modification approval which at a minimum addresses the following issues identified in this staff report: a. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a three foot (3') landscape buffer at the south property line, which is two feet (2') less than the minimum requirement. 3. Verification from the Palm Beach County School District that the revised project containing 48 units will meet school concurrency. 12 City Commission Regular Meeting 04/21/15 Item 9.C. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMSSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR JTS WOODWORKING AT 71 NW 18rn AVENUE This waiver request came before the City Commission on April 21, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for TTS Woodworking at 71 NW Ie Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(13)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.. A. Waiver to LDR Section 4.4.19(H)(3) Pursuant to LDR Section 4.4.19(H)(3), in the MIC (Mixed Industrial and Commercial) zoning district, overhead doors shall be prohibited from facing a public right-of-way. The applicant is requesting an overhead door on the northwest side of the building that is facing the NW 18th Avenue right-of-way. Should the waiver to Section 4.4.19(H)(3) allowing an overhead door that faces a public right-of-way be granted? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 1 City Commission Regular Meeting 04/21/15 Item 9.D. 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 this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21st day of April 2015, by a vote of _5 in favor and s ATTEST: Cary i e or Chevelle Nubin, City Clerk 2 City Commission Regular Meeting 04/21/15 Item 9.D. MAY 5, 2015 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 5, 2015. 1. Roll call showed: Present- Vice Mayor Shelly Petrolia Deputy Vice Mayor Alson Jacquet Commissioner Mitch Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent - None Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Kathleen Gannon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Vice Mayor Petrolia moved to approve the Minutes of the Regular Meeting of December 2, 2014, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. Vice Mayor Petrolia moved to approve the Minutes of the Regular Meeting of December 9, 2014, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: S.A. Update on the Legislative Session — Representative Bill Hager Representative Bill Hager gave a brief update on the Legislative Session and explained a bill he worked on for three (3) years relating to the registration of sober 05/05/15 homes which passed successfully; he worked on a military bill and stated in the United States you can join the military at age 17, however, the minimum age to check into a hotel/motel is 25 and this will change under this law which facilitates check-in of anyone who holds a military ID; they have decreased taxes two-thirds of a billion dollars; a bill will be signed that caps the amount of time at 5% for students in terms of standardized tests; they will be funding K-12 at the highest per pupil basis; they have cut business tax on 70% of their businesses and continue to focus on tax cuts; Florida has the second highest job growth in the United States and Chief Executive Officers 500 in a survey throughout the United States declare Florida the No. 2 state in the United States as a place to start and grow a business. Representative Hager stated they will convene between now and June 30th and finalize the budget. On behalf of Delray Beach, Mayor Glickstein thanked Representative Bill Hager for his presentation. S.C. Update on the Lejislative Session — Senator Maria Sachs Senator Maria Sachs gave a brief update on the Legislative Session and stated the City of Delray Beach was the first city in Palm Beach County to come out with a resolution for a ban on texting and driving. Senator Sachs commented about the sober home bill and thanked Representative Bill Hager because he was very proactive in the Florida House in getting it passed and Senator Clemons and she carried it through the Senate where it passed. Senator Maria Sachs thanked the City Commission for taking a lead role in this and provided the City Clerk with the "enrolled bill" that passed the Senate and noted she does not have the "engrossed bill" until it is signed by the Governor. S.B. We Love Small Biz Month — May 2015 Joan Goodrich, Economic Development Director for the City and the Community Redevelopment Agency (CRA), and stated the local team is comprised of more than eighteen (18) plus professionals from the City, the CRA, Delray Beach Chamber of Commerce, DDA, the DBMC, and the West Atlantic Redevelopment Coalition (WARC) who works with regional and state partners at the Small Business Development Center at Palm Beach State, the Business Development Board of Palm Beach County, Palm Beach County of Economic Development, Career Source, Enterprise Florida, etc. She stated this is their first initiative where they will hold workshops, seminars, mini conferences, business walks in Osceola Park and down West Atlantic Avenue, etc. Ms. Goodrich urged everyone to go to their website (www.welovesmallbiz.org) to obtain a full list of schedules and activities. Deputy Vice Mayor Jacquet thanked Ms. Goodrich for what she is doing with the "We Love Small Biz" and thanked Ms. Elizabeth Burrows for taking the time to go to radio stations and media outlets throughout the community this week and weeks 2 05/05/15 coming to promote this and let the people know. At this point, the Commission moved to Comments and Inquiries on Agenda and Non -Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. The City Manager introduced the new Planning and Zoning Director Mr. Tim Stillings. Mr. Stillings came forward to explain his credentials and gave a few brief comments. Mr. Stillings stated he will begin employment with the City on June 15, 2015. 6.13. From the Public. 6.13.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), briefly spoke about a bill that was passed waiting the Governor's signature that would help the City with its issue with the sober houses. Dr. Kirson stated to his knowledge this is still voluntary compliance, and in his opinion that bill means. Dr. Kirson stated he knows the people that buy these sober houses and he feels they are only interested in the bottom dollar. In addition, Dr. Kirson commented about the armed drug dealers in the community. Dr. Kirson stated we need a very strong Police force but the City does not have the money to build up such a Police force. 6.13.2. Charlie Bonfield, 220 MacFarlane Drive, Delray Beach, FL 33483 (President of S.A.F.E.), read a brief statement into the record and stated the City approved LDRs increased the free space from five (5') feet to six (6') feet to allow for the throng of people that are here in the daytime. Mr. Bonfield stated increasing the free space on the City sidewalks would impact some of the restaurants who offer sidewalk dining. He stated the City should not compromise or change the decisions that have been made now that some of the restaurants will have to make changes in their table and chair setups. Mr. Bonfield urged the City Commission not to approve any waivers or special accommodations to the new sidewalks LDRs. 6.13.3. Trey Kauffman, 235 N.E. 1st Avenue, Delray Beach, FL 33444, stated the plan to extend the five (5') feet to six (6') feet will help a lot; however, the City will still need to get some restaurants on board with this. He stated it gets very congested around some of these sidewalk caf6s and it is impossible to get through. Mr. stated he likes these caf6s and enjoys the bars on Atlantic Avenue but reiterated it is too congested. 6.13.4. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843, stated the beach pavilion is one year old and the tie -downs are rusting/staining, the large bolts are rusting and causing stains, the paint is peeling on all four sides, the paint is fading in large sections, some of the slats are leaning, the wooden boards in areas are separating, and the wooden deck is showing signs of wear. 3 05/05/15 Secondly, Mr. Blum stated construction will begin this month on two (2) new mini -me gazebos to the north and south that will complement the original structure. He stated even though the cost will come from private donations the City has a fiduciary responsibility not to make the same mistakes on the new structures. Mr. Blum suggested that an outside contractor assess the damage to the new pavilion and offer a plan to correct the original mistakes before the City continues with the planned construction of the mini gazebos. Vice Mayor Petrolia stated when the City Commission was going through the process of approving this, there was a time period that they had to re -negotiate and it was something to do with the nails/bolts not able to withstand the salt air. Mayor Glickstein stated they were supposed to be galvanized and/or stainless connections. 6.B.5. Karen Granger, Greater Delray Beach Chamber of Commerce, 140 N.E. 1St Street, Delray Beach, FL 33444, stated they have an advocacy group at the Delray Beach Chamber that is gathered to meet fairly often to follow some of the issues and vet them. Ms. Granger stated the issue of All Aboard Florida is lengthy and complicated; however, she encouraged the Commission to engage with the people from All Aboard Florida because they are will to make things work for Delray. Secondly, with respect to the Preference for Local Business the Chamber of Commerce wants to advocate for the local businesses. Lastly, with respect to sidewalk cafes, Ms. Granger stated the landscape of the sidewalk varies in different areas of the city. She stated if a blanket decision is made, some of the local businesses are going to hurt and she feels we should be supporting them. Ms. Granger stated in speaking to the local businesses there is a way that they can keep to that five foot (5') regulation that honors ADA legal requirements to make it accessible. Ms. Granger encouraged a sensitivity to ADA but something that also makes sense for the particular blocks that the businesses are in. 6.B.6. Ali Soule, Public Affairs Manager for All Aboard Florida, stated since last September they have been working with City staff finalizing their 90% plans while continuing to coordinate with Nick Uhren with the Palm Beach Metropolitan Planning Organization (MPO) and Jack Stephens with the South Florida Regional Transportation Authority (SFRTA). Ms. Soule stated when their downtown Miami station opens Tri - Rail is looking to have 26 of its 52 trains come into Miami Central so a resident living in Delray Beach could take a one seat ride to Delray Beach and take the trolley over to Atlantic Avenue. She stated All Aboard Florida is paying for safety improvements required for its system this covers the majority of the costs needed to build the quiet zones in Delray Beach. The Palm Beach MPO is funded the additional amount to reach that level (approximately $1.25 million in Delray Beach). She stated All Aboard Florida will construct these improvements at the same time as they make their safety 4 05/05/15 improvements as well as the pedestrian improvements. 6.B.7. Jose Gonzalez, Senior Vice President with Florida East Coast Industries (parent company of All Aboard Florida), specifically addressed the financing of the project and explained that the resolution requires All Aboard Florida to pay for the cost of the project. Mr. Gonzalez reassured the Commission that they will be paying for the cost of the project and stated that All Aboard Florida is a privately funded company and will be financed through a mix of debt and equity. He stated they invested their own capital and have raised more than $400 million in private bonds to date. 6.B.8. Michael Lefever, Manager of Operations Planning for All Aboard Florida, briefly explained the specific improvements will be made at the eleven (11) grade crossings in Delray Beach expanding from N.E. 14th Street to Lindell Boulevard. Mr. Lefever stated All Aboard Florida has made a voluntary commitment to fund the related projects at each of those grade crossings which are in the millions. 6.B.9. Jack Stephens, Executive Director of the South Florida Regional Transportation Authority (SFRTA), stated they had some serious concerns which they took to Washington, D.C. and as a result of that they received all kinds of assurances in terms of the Federal Government and their procedures in order to protect the commuter rail service. Mr. Stephens stated All Aboard Florida particularly in Palm Beach and throughout the rest of the corridor in order to their business on the corridor are going to have to double track it and now he has to negotiate for access to it. He stated All Aboard Florida is critical in terms of moving forward with this. Mr. Stephens stated with FDOT's support, they have a $47 million project fully funded. He stated some of the money is coming from All Aboard Florida, some from the South Florida Regional Transportation Authority (SFRTA), most of it coming from FDOT and the Federal Government that are going to connect the two (2) corridors for the first time in history; one on the south (downtown Miami) and one on the north end. Mr. Stephens stated what that will create for the City, SFRTA, and South Florida is the opportunity to divert some of the freight whenever it is appropriate and proper to the South Florida Rail Corridor which the South Florida Regional Transportation Authority now controls. Therefore, Mr. Stephens stated they will be able to assume some of those freight responsibilities. 6.B.10. Nick Uhren, Director of the Palm Beach Metropolitan Planning Organization (MPO), speaking on behalf of the 19 locally elected officials that make up the MPO Board of which Mayor Glickstein is one, stated the communities throughout Palm Beach County have had a long standing desire to introduce a quiet zone designation to the FEC Corridor to minimize the noise impacts of trains running on that corridor, in September 2013 the MPO Board voted to adopt a designation of a quiet zone and funding of the needed improvements to support a quiet zone designation on the FEC as an MPO priority. Mr. Uhren stated that vote authorized the use of Federal gas tax revenue under the discretion of the MPO Board to be allocated to the additional safety improvements at individual crossings that would be needed to support the quiet zone designation. He stated the MPO has identified eight (8) crossings within the city that will be receiving additional safety gates/exit gates and the construction of these gates will be 5 05/05/15 funded with the MPO Federal gas tax revenue. Mr. Uhren stated the total cost for the quiet zone required exit gates is $930,000; the additional $325,000 that will be spent in Delray Beach will be accomplishing the pedestrian improvements. He stated the All Aboard Florida Project double tracking does allow them to advance the Tri -Rail Coastal Link Project and noted there was TIGER grant that was awarded to southeast Florida to make a connection between the FEC and CSX rail corridors in West Palm Beach and Miami. Mr. Uhren stated the $1.25 million in Federal gas tax funding that the MPO prioritized for quiet zone designation and safety improvements in Delray Beach allows them to provide a safer quieter rail corridor at a faster timeframe and a lesser expense for city residents. 6.B.11. Mike Campbell, Habitat for Humanity South Palm Beach, thanked the City Commission for their work in the last six (6) weeks on the inclusionary zoning opportunities for off-site units. Mr. Campbell stated Habitat for Humanity works with off-site units and provides housing for the low and very low income in single family homes. He asked the Commission to consider the opportunities that Habitat for Humanity can provide. Mr. Campbell stated with regard to workforce housing what was approved was for families and/or individuals who qualify for bank loan mortgages; Habitat for Humanity does non-traditional/non-bank loans at zero interest which allows them to serve a 40% median income family or individual all the way up to 60%. 6.B.12. Mitzi Kaitz, 331 N.E. 8th Avenue, Delray Beach, FL 33483, the benches on Federal Highway have been installed backwards. 6.B.13. Peter Humanik, 704 N.E. 5tb Street, Delray Beach, FL 33483, briefly spoke about the sidewalks downtown and stated a couple cannot walk down the street. He stated it is keeping the people who live here away. Secondly, Mr. Humanik stated with respect to the pavilion if the City has to bear the brunt of the insurance and the maintenance the Commission may want to look into this. Mr. Humanik stated it is a start with respect to the Bill for the sober houses. Mr. Humanik stated with regard to the Rail Project people do not want double tracks or sound crossings but what they would like is the freight traffic to move to the west where the lines are and at best keep the Tri -Rail Station on the east track. He stated the problem is the noise and it will not get better no matter what the City decides to do. Lastly, Mr. Humanik commented about the parking and asked if there is a parking problem from May through December. He urged the City Commission to not approve putting meters on Atlantic Avenue; however, if the City has to for a certain number of days to do that but exclude May through December. Mr. Humanik stated the City has a good parking permit program and suggested that this program be expanded to 6 05/05/15 make a lot more parking for Delray Beach residents only and designate certain parking lots for Delray Beach residents only. He suggested that the cost for people who do not live here be higher and that the City encourage the people who do live here to come into town by making it free. 6.B.14. Kim Coe, 1111 N.W. 311 Avenue, Delray Beach, FL 33444 and a native Floridian from Miami, supports All Aboard Florida because she has commuted to Miami for 35 years and urged the City Commission to work with All Aboard Florida to make this happen. She stated for future generations we have to look forward 20-30 years because Delray Beach is not a small sleepy town but it is a hub and it needs to be connected, especially for travel. 6.B.15. Evelyn Dobson, Executive Director of the Delray Beach Community Land Trust (CLT), stated the Workforce Housing ordinance and the Housing Trust Fund were designed to expand the opportunity for residents to acquire homeownership in Delray Beach primarily essential service workers, Police Officers, teachers, etc. Ms. Dobson stated it is not the intentions of the CLT to try to use up all the funds because there are other entities in Delray Beach such as the CDC which was designed for them to use the program and the Delray Beach Housing Authority also provides housing; the cap for workforce housing is 140% of the AMI (Average Median Income) and for household of four (4) that household income cannot exceed $93,000.00. She stated even with the Coda Homes at $200,000 and $235,000 they could still not secure enough of a loan without some sort of subsidy or soft second to satisfy that gap. Ms. Dobson emphasized that the Workforce Housing Program is to expand housing primarily for that group of people. 6.B.16. Ron Nobili, 159 Marine Way, Boat Slip #15, Delray Beach, FL 33483 (lives in the Marina Historic District), read a brief statement into the record and stated he is being discriminated against because he and his significant other is only permitted to utilize only two (2) vacant on -street parking spaces whereas married non -Marina Historic District resident slip occupiers are permitted to utilize up to three (3) on -street parking spaces. 6.B.17. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, commented about a recent incident in Delray where someone committed suicide by jumping off the parking garage. She requested that at the next regular meeting that the City Manager addresses this incident for the benefit of the public. Secondly, Ms. Moody commented about All Aboard Florida and urged the City Commission to wait until they have some literature from Amtrak and have someone here from Amtrak to discuss this. At this point, the time being 7:18 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 7 05/05/15 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 11-15 (SECOND READING): Motion to Approve Ordinance No. 11-15, amending Chapter 36, "Acquisition of Goods and Services and Disposal of City Property"; amending Section 36.02, "Method of Acquisition," Subsection (A), "Sealed Competitive Method"; Creating Section 36.14, "Local Business Preference"; Establishing a Local Business Preference in the Acquisition of Goods and Services; Providing Definitions and Certification Requirements for same; Providing for Exclusions from and Waiver of Local Business Preference. The caption of Ordinance No. 11-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY"; AMENDING SECTION 36.02, "METHOD OF ACQUISITION," SUBSECTION (A), "SEALED COMPETITIVE METHOD"; CREATING SECTION 36.14, "LOCAL BUSINESS PREFERENCE"; ESTABLISHING A LOCAL BUSINESS PREFERENCE IN THE ACQUISITION OF GOODS AND SERVICES; PROVIDING DEFINITIONS AND CERTIFICATION REQUIREMENTS FOR SAME; PROVIDING FOR EXCLUSIONS FROM AND WAIVER OF LOCAL BUSINESS PREFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-15 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Holly Vath, Chief Purchasing Officer, presented this item to the Commission and stated Ordinance No. 11-15 amends Chapter 36 of the City Code by adding a Local Business Preference to the City's Purchasing Code. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 11-15, the public hearing was closed. 8 05/05/15 Ms. Jarjura moved to adopt Ordinance No. 11-15 on Second and FINAL Reading, seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Glickstein thanked Commissioner Jarjura for bring this forward. 7. AGENDA APPROVAL. The City Manager requested that Item 8.E., Review of Appealable Land Development Board Actions, (Item "A" Under Planning and Zoning Board Meeting of April 20, 2015) be deferred to the first meeting in June. Vice Mayor Petrolia requested that Item 8.F., Award of Bids and Contracts to ALSCO (Bid No. 2015-14) be moved to the Regular Agenda as Item 9.A.A. Ms. Jarjura moved to approve the Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPT FUNDING FOR TROLLEY SERVICES FROM SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY (SFRTA): Motion to Approve an agreement with the South Florida Regional Transportation Authority (SFRTA) for funding in an amount not to exceed $75,000.00 for trolley services for the period of July 1, 2015 through June 30, 2016. 8.B. RETROACTIVE APPROVAL OF AGREEMENT/FATKING FILMS, LLC./USE OF TENNIS STADIUM: Motion to Approve a retroactive agreement with Fatking Films, LLC., for use of the Tennis Stadium on April 8, 2015 for the filming of a television commercial. 8.C. GRANT APPLICATION/DEPARTMENT OF JUSTICE BULLETPROOF VEST PROGRAM: Motion to Approve a grant application to the Department of Justice's Bulletproof Vest Program. If awarded, the program reimburses 50% of the costs associated with purchasing bulletproof vests. 8.D. PROCLAMATIONS: 1. Lyme Disease Awareness Month — May 2015 2. Better Hearing Month — May 2015 9 05/05/15 3. Civility Month — May 2015 4. National Safe Boating Week — May 16-22, 2015 5. Water Reuse Week — May 17-23, 2015 6. Trauma Awareness Day — May 18, 2015 8.E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. Vice Mayor Petrolia moved to approve the Consent Agenda as amended, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jar ura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AWARD OF BIDS AND CONTRACTS: Motion to Approve a Bid Award to ALSCO (Bid No. 2015-14) in an annual amount not to exceed $27,000.00 for linen rental services at the Municipal Golf Course. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 445-4715- 572-52.22 (Delray Beach Municipal Golf Course: Operating Supplies/Uniforms/Linen Service). Vice Mayor Petrolia asked where this is being advertising it in order to be able to ensure that the City is getting it to the people who would normally come in and bid. Holly Vath, Chief Purchasing Officer, stated all the City's bids are advertised in The Palm Beach Post as well as on Demand Star and is also on the City's website. BidSync. Ms. Jarjura inquired if there is a reason the City use DemandStar and not Ms. Vath stated some websites do both BidSync and DemandStar. Vice Mayor Petrolia moved to approve a Bid Award to ALSCO (Bid No. 2015-14) in an annual amount not to exceed $27,000.00 for linen rental services at the Municipal Golf Course, seconded by Mr. Katz. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10 05/05/15 9.A. RESOLUTION NO. 28-15/ALL ABOARD FLORIDA: A Resolution expressing concern that All Aboard Florida will have an adverse impact on the City; stating that the City cannot support the All Aboard Florida Project unless the City's concerns are adequately addressed; encouraging the Federal Rail Administration and all other Federal, State and local agencies to require All Aboard Florida to pay for the cost of constructing Quiet Zones, pedestrian sidewalks, required safety devices, right-of-way improvements, and other improvements to the Florida East Coast Industries at -Grade Railroad Crossings located within the City. The caption of Resolution No. 28-15 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING CONCERN WHETHER ALL ABOARD FLORIDA WILL HAVE AN ADVERSE IMPACT ON THE CITY; STATING THAT THE CITY WITHHOLDS ITS SUPPORT FOR THE ALL ABOARD FLORIDA PROJECT UNTIL CERTAIN REQUIREMENTS ARE MET; ENCOURAGING THE FEDERAL RAILROAD ADMINISTRATION AND ANY OTHER FEDERAL, STATE OR LOCAL AGENCY TO REQUIRE ALL ABOARD FLORIDA TO PAY FOR THE COST OF CONSTRUCTING QUIET ZONES AND OTHER IMPROVEMENTS TO THE FLORIDA EAST COAST RAILWAY AT -GRADE RAILROAD CROSSINGS LOCATED WITHIN THE CITY; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 28-15 is on file in the City Clerk's office.) At this point, Commissioner Jarjura declared a conflict of interest and recused herself from the dais. The City Attorney presented Resolution No. 28-15 to the Commission. Brief discussion by the Commission followed. A representative from All Aboard Florida briefly spoke regarding the quiet zones and noted that All Aboard Florida will pay for the safety improvements that are the responsibility of the local cities and counties, but if a quiet zone is wanted then that has to be paid for by the locals. All Aboard Florida has been committed to working with the MPO to fund these improvements. Mr. Katz moved to approve Resolution No. 28-15, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — No. 11 05/05/15 Said motion passed with a 3 to 1 vote, Deputy Vice Mayor Jacquet dissenting. At this point, the time being 8:02 p.m., Commissioner Jarjura returned to the dais. 9.B. BID AWARD/ROSSMAN ENTERPRISES INCORPORATED D/B/A CLEAN AIR CONCEPTS/FIRE APPARATUS DIESEL EXHAUST SYSTEM REPLACEMENT: Motion to Approve a Bid Award (Bid No. 2015-22) to Rossman Enterprises Incorporated d/b/a Clean Air Concepts, the lowest responsive bidder, in the amount of $301,179.00 for the fire apparatus diesel exhaust system project (Project No. 2014-089). This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 334-2311-522-64.90 (General Construction Fund: Fire Control/Other Machinery & Equipment). Randal Krejcarek, Director of Environmental Services, presented this item to the Commission. Brief discussion between Chief Conner and the Commission followed. Mr. Katz moved to approve a Bid Award (Bid No. 2015-22) to Rossman Enterprises Incorporated d/b/a Clean Air Concepts, the lowest bidder, in the amount of $301,179.00 for the fire apparatus diesel exhaust system project, seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote. 9.C. PURCHASE AWARD/HALL-MARK FIRE APPARATUS/HORTON ALS RESCUE AMBULANCE: Motion to Approve a purchase award to Hall- Mark Fire Apparatus in the amount of $284,015.00 through the Florida Sheriff's Contract No. 15- 11-0116 for one (1) new Horton ALS Rescue Ambulance Specification No. 2. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is available from 501-3312-591-64.25 (Garage Fund: Vehicle Replacement/ Machinery/Equipment/HeavyEquipment). Randal Krejcarek, Director of Environmental Services, presented this item to the Commission. Mr. Katz moved to approve the purchase of a new 2016 Horton Model 623 Rescue Ambulance from Hall -Mark Fire Equipment in the amount of $284,015.00, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia - Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote. 12 05/05/15 9.D. APPROVAL OF SPENDING GREATER THAN $25,000.00 AND PURCHASE AWARD/FLORIDA BULLET, INC: Motion to Approve a purchase award to Florida Bullet, Inc., in an amount not to exceed $65,000.00 for acquisitions of ammunition with Florida Bullet, Inc. for the Police Department. 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". Funding is available from 001-2111-521- 52.20 (General Fund: Police/Public Safety/Operating Supplies/General Operating Supplies). Kristina Maricic, Administrative Officer/Police Department, presented this item to the Commission. Ms. Maricic stated in this fiscal year staff anticipates to not go over the total amount of $65,000.00; the amount currently spent with the vendor is $18,426.00 is from the purchases of ammunition that were previously approved by the Commission in prior fiscal years. Deputy Vice Mayor Jacquet asked staff for a comparison of other agencies of Delray's size with respect to how much ammunition Delray purchases. The City Manager stated it varies across jurisdictions. Jeffrey Goldman, Police Chief, stated every organization does it differently. Chief Goldman stated by law you have to qualify once every two (2) years and Delray qualifies every year. Mr. Katz moved to approve purchase with Florida Bullet, Inc., in the amount of $18,628.20 as a Sole Source purchase in compliance with Chapter 36, Section 36.02 (C) 6 0 (a) Sole Source, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 25-15/BANC OF AMERICA/PUBLIC CAPITAL CORPORATION MASTER LEASE PURCHASE AGREEMENT: Motion to Approve Resolution No. 25-15; approving the form and authorizing the execution and delivery of a Master Equipment Lease/Purchase Agreement in an aggregate principal amount not to exceed $10,000,000.00 with Banc of America Public Capital Corporation. The caption of Resolution No. 25-15 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH BANC OF 13 05/05/15 AMERICA PUBLIC CAPITAL CORP., AS LESSOR, TOGETHER WITH SEPARATE SCHEDULES THERETO; AUTHORIZING THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT FROM TIME TO TIME, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000; NO GENERAL OBLIGATION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE TO CONSUMMATE THE TRANSACTION CONTEMPLATED HEREIN; SEVERABILITY OF INVALID PROVISIONS AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 25-15 is on file in the City Clerk's office.) Jack Warner, Chief Financial Officer (CFO) and Teresa Cantore, Treasurer, presented this item to the Commission. The City Attorney stated every time the City makes a draw the Commission has to execute a new set of exhibits to the agreement and suggested that the Commission delegate to the City Manager authority to make subsequent draws on the $10 million loan so that this would not have to come before the Commission again and again. Furthermore, the City Attorney suggested that the City Manager give the Commission a written memorandum no later than three (3) days after subsequent draw that he makes. The City Manager stated this will primarily be used for equipment and should not be used for maintenance. It was the consensus of the City Commission to support the City Attorney's recommendation to give the City Manager authority to make subsequent draws on the $10 million loan and that the City Manager provide a written memorandum to the City Commission within three (3) business days of making that draw. Ms. Jarjura moved to approve Resolution No. 25-15 as amended as discussed by the City Attorney, seconded by Mr. Katz. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 26-15/BANG OF AMERICA/CAPITAL CORPORATION REIMBURSEMENT AGREEMENT: Motion to Approve Resolution No. 26-15; to consider approval of reimbursement for certain Capital Expenditures by incurring debt; maximum principal amount of debt; nature of project costs; authorizing incidental action; and repeal of prior inconsistent Resolutions. 14 05/05/15 The caption of Resolution No. 26-15 is as follows: DECLARATION OF OFFICIAL INTENT OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO REIMBURSE ITSELF FOR CERTAIN CAPITAL EXPENDITURES BY INCURRING DEBT; MAXIMUM PRINCIPAL AMOUNT OF DEBT; NATURE OF PROJECT COSTS; AUTHORIZING INCIDENTAL ACTION; AND REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. (The official copy of Resolution No. 26-15 is on file in the City Clerk's office.) Jack Warner, Finance Director stated Teresa Cantore, Treasurer presented this item to the Commission. The City Attorney gave a brief explanation of this resolution and stated this is a requirement of the IRS. Vice Mayor Petrolia asked what will determine what equipment this will be used for versus what the taxpayers have already paid for through tax dollars. Mr. Warner stated there are two (2) principal criteria those being as follows: (1) general financial principle of aligning expenses with the useful life of an asset; (2) what are the alternative methods other financing. Brief discussion followed by staff with respect to this being a conventional line of credit which the City has been using. The City Manager stated this is a better use of cash given the low interest rates and the low inflationary environment. Mr. Katz moved to approve Resolution No. 26-15, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.G. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD: Nomination for appointment of one (1) regular member to serve on the Education Board to serve an unexpired term plus an additional full term ending July 31, 2017. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat #1). At this point, Deputy Vice Mayor Jacquet stepped away from the dais. 15 05/05/15 Prior to the vote, Vice Mayor Petrolia stated she selected Harold Van Arnem because he has been a tremendous asset to this board previously and he is a CEO Commercial Real Estate and Developer background which she feels would be a great way to diverse the board. In addition, Vice Mayor Petrolia stated there are a lot of women on this board and they just lost a gentleman who had recently been appointed to that board. Vice Mayor Petrolia moved to nominate Harold Van Arnem to serve on the Education Board as a regular member to serve an unexpired term plus ending July 31, 2017, seconded by Mr. Katz. Upon roll call the Commission as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Katz — Yes. Said motion passed with a 4 to 0 vote. 9.11. NOMINATION FOR APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Nomination for appointment of one (1) regular member to serve on the Police and Firefighters Retirement System Board of Trustees to serve a two-year (2) term ending April 22, 2017. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat #4). At this point, Deputy Vice Mayor Jacquet returned to the dais. After brief discussion, Ms. Jarjura stated she would like to defer her appointment to the next regular meeting. Mr. Katz moved to defer Item 9.11. until staff brings this back to the City Commission, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote. 9_I. DISCUSSION REGARDING PEDICABS AND PEDAL TROLLEYS: Provide direction from the Commission on whether to allow Pedicabs and Pedal Trolleys. After brief discussion, it was the consensus of the Commission to hold off on this item for six (6) months. 9.J. ENGAGEMENT OF SPECIAL COUNSEL FOR LEGAL OPINION, RE: ATLANTIC CROSSING PROJECT/ATLANTIC COURT: The City Attorney proposes that the City retain special counsel to obtain a legal opinion in connection with the proposed Atlantic Crossing Project. The City Attorney presented this item to the Commission. Mayor Glickstein stated he has had two meetings with the Atlantic Crossing developer impressing upon them that putting a road back in to the project is not only perhaps a faster way to get their project started, but instead of being a divisive 16 05/05/15 project, would engender community support on some level. Mayor Glickstein stated he met 2-3 weeks ago with the developer who indicated they would give it consideration and they produced two conceptual site plans which he felt were a vast improvement on the project site plan in general and the road possibilities that they have added, in his opinion, are better solutions than the previous that what was largely a service road known as Atlantic Court. Mayor Glickstein stated the developer is acting in good faith and has produced a site plan with the road in it, he does not feel it is appropriate to be engaging a lawyer today when he sees meaningful progress in regard to what he understands peoples primary concern to be. Mayor Glickstein stated he does not support engaging special counsel at this time. The City Attorney stated from his conversation with the developer he sees an attempt to come to a potential solution with respect to this matter. Ms. Jarjura concurs with Mayor Glickstein's comments that it would be wasteful to engage outside counsel right now when the whole point is to get Atlantic Court back in. Ms. Jarjura stated she recognizes it would be a huge improvement to have Atlantic Court in and she is happy to hear that they are moving forward and trying to find a way to do that. In his opinion, Mayor Glickstein stated what he saw in terms of how he viewed the previous plan and what Atlantic Court did for the project, he felt one of the designs subject to their further development, may be an improvement on what was Atlantic Court relative to the circulation of the project. Vice Mayor Petrolia stated she does not understand why this is being dropped right now because the last time the City Commission met, they deiced that this would be the right way to go. Vice Mayor Petrolia questioned the integrity of this recognizing what has happened in the past as a predictor as to what may happen in the future. Vice Mayor Petrolia asked, "What would be the downside of Atlantic Crossing proceeding with a lawsuit against the City?" Vice Mayor Petrolia stated she is going by the basis that the developer is not putting a road back in and looking at it from the perspective of what rights does the City have to put that road back in. The City Attorney stated whatever remedies that the City feels are appropriate or available the Commission could raise them in that lawsuit, and a lawsuit is a potential vehicle for a settlement as well. The City Attorney stated the City can do what is authorized by Statute, ordinance, or by Order by the Court and it gives the City to pursue their legal grievance if things do not work out well, but the City also has a forum for a potential settlement as well. The City Attorney stated the reason for the discussion now is because there is a substantial change in facts, where in concept the developer seems to be agreeable without exploring a method to put Atlantic Court back in and they seem to be agreeable to do that on a very fast track and the developer is backing that by deferring an item that they have the right to request be put on the Planning and Zoning Agenda. The City Attorney stated these events unfolded rapidly during the course of 17 05/05/15 today and thus the reason he was not able to speak to the City Commission prior to that. The City Attorney stated those are new facts that the Commission needs to consider. Mr. Katz commented on this project and thanked Mayor Glickstein for his leadership in this. However, Mr. Katz expressed concern that the developer would need to delay this for one (1) month. Mayor Glickstein stated the fact that the developer was agreeable to do this in thirty (30) days to him is meaningful. In his opinion, Mayor Glickstein stated the objective is to get the best possible plan and the developer has demonstrated good faith. Mayor Glickstein stated their remedies and rights are going to be unchanged by the fact that they have agreed to freeze their project. Mr. Katz asked if the developer is also going to freeze the infrastructure work. Mayor Glickstein stated he believes the only reason that work was accelerated in advance was to tie-in with the work the City was doing on Atlantic Avenue. The City Manager stated he has not seen the proposal; however, he believes the water/sewer infrastructure is not going to change. Brief discussion between the City Attorney and the City Commission followed. Vice Mayor Petrolia stated she is prepared to support the Mayor's movement for one (1) month; however, she would like to make a selection only to be exercised in the event that this does not come to fruition. Vice Mayor Petrolia moved to approve that should the City Commission elect to engage special counsel with respect to any issue regarding Atlantic Court, the law firm that the City Commission is identifying as that special counsel is Weiss, Serota, Helfman, Cole & Bierman, seconded by Mr. Katz. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:30 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 11.A. ORDINANCE NO. 07-15 (FIRST READING): Motion to Approve Ordinance No. 07-15, an amendment to Chapter 51, "Garbage and Trash", of the Code of Ordinances Section 51.70, "Regular Charges Levied", to provide for new Residential Collection Service Rates for the remaining Fiscal Year 2015. If passed, a 18 05/05/15 public hearing will be held on May 19, 2015. office.) The caption of Ordinance No. 07-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR NEW RESIDENTIAL COLLECTION SERVICE RATES FOR THE REMAINING FY 2015; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 07-15 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Jack Warner, Chief Financial Officer (CFO), presented this ordinance to the Commission. Mr. Warner stated this is the first reading of the ordinance that implements the rates that are contained in the contract with SWS and the rates become effective June 1, 2015 with seconding reading on May 19, 2015. Mr. Warner stated the second part of this is staff is requesting direction from the Commission on how to implement returning back the excess cart replacement fee to the residents that have been collected since 1997. Vice Mayor Petrolia moved to approve Ordinance No. 07-15 on FIRST Reading, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mr. Warner stated that the change the City made in this contract was to make the hauler responsible for providing the carts. Vice Mayor Petrolia inquired about the contingency fund. Mr. Warner stated the contingency is not something that is in place when everything is smooth, but it is there if something goes wrong. The City Attorney stated the ordinance breaks down 8-9 different cost categories and cart replacement is .90 therefore that money needs to be used exclusively for that purpose. In addition, Mr. Katz suggested that there be a brief explanation to all the customers on their water/garbage bill that they are getting a new trash customer and the reason for the credit. 19 05/05/15 The City Attorney stated he will work with Mr. Warner on this. Mr. Warner asked the Commission if the credit somehow cannot be used against the other line items on the bill (which would mean that people would receive the credit and earn it off over a period of months) would the Commission still want to proceed forward on that basis. It was the consensus of the Commission to refund customers in the form of a credit on their utility bill and to not issue the credit in the form of a check. In addition, Mr. Katz suggested that there be a brief explanation to all the customers that they are getting a new trash customer and the reason for the credit. Vice Mayor Petrolia moved to refund the $1.7 million collected for cart fees to customers in the form of a credit on their utility bill within four (4) months, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 11.B. ORDINANCE NO. 09-15 (FIRST READING): Motion to Approve Ordinance No. 09-15, an amendment to Land Development Regulations Section 4.6.9, "Off -Street Parking Regulations", Subsection 4.6.9 (E), "Locations of Parking Spaces", Paragraph 3, "In Lieu Fee", to create two new areas. If passed, a public hearing will be held on May 19, 2015. office.) The caption of Ordinance No. 09-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9 (E), "LOCATIONS OF PARKING SPACES", PARAGRAPH 3 "IN LIEU FEE" TO CREATE TWO NEW AREAS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 09-15 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Randal Krejcarek, Director of Environmental Services, presented this item to the Commission. Deputy Vice Mayor Jacquet asked where the northern tip of Area 5 starts. 20 05/05/15 Mr. Krejcarek stated this street is 2nd Street. Ms. Jarjura moved to approve Ordinance No. 09-15 on FIRST Reading, seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 12.A. City Manager 1. Workforce Housing Trust Fund Mr. Cooper stated this item is just a matter of information. Commissioner Jarjura stated saying that there have only been two (2) in - lieu payments made versus only two (2) applicants committed to due in -lieu payments. She stated Don has directed Francine to pull all the Workforce Housing agreements and all the conditional use approvals because going back to comments the City Commission made before there is not a master list that lists what the obligations were and whether or not staff is performing on those obligations. Commissioner Jarjura stated staff needs to find out whether people committed to off-site, on-site, and in -lieu payments; and, if they committed to in -lieu payments why has the City not received them. The City Manager stated he received a list late this afternoon but has not had the chance to review it. Mayor Glickstein confirmed that at some point there is going to be a discussion on what to do with the money that the City does have. The City Manager stated at some point the City will have to make that decision because it is sitting in the Housing Trust Fund right now. Commissioner Jarjura stated with regard Mr. Campbell's comments, Habitat for Humanity and stated when looking at spending these funds a strong city provides mixed income housing opportunities for everyone not just a certain market. Commissioner Jarjura stated she understands the City is trying to find appropriate housing for teachers and firefighters but we also need to find appropriate housing for people that are below that level and not limit it to any one market. She stated parts of the City's Code considers it low and moderate and parts of the Code considers it very, very low which is what Habitat for Humanity provides. Vice Mayor Petrolia stated she had questions addressing some of the same issues that Commissioner Jarjura has commented about (i.e. how many developers have used the in -lieu, where is the money, and who is accounting for it). Also, Vice Mayor Petrolia stated she has asked that the City Attorney look into the possibility of if there was a legal way of being able to hold back maintenance fees on those few units that would be built into Workforce Housing units like in the downtown situation. 2. Update on Impacts of New LDR Requirements for five (5) feet and six (6) feet Clearance on Pedestrian Access and Impacts on Various Restaurants within the City of Delray Beach 21 05/05/15 Mr. Cooper stated this item is a matter of anticipation and information responding to Commissioner Jarjura's request. Mayor Glickstein commented about a place that has zero percent loss and the restaurant next to it has a high percentage of loss; Lemon Grass was in complete compliance and yet Orange Leaf was 30% outside it and they occupy the exact same storefront. Captain Michael Coleman, Interim Community Improvement Director stated there are obstructions such as light poles right in the middle of the sidewalk and trash cans. Commissioner Jarjura stated there are obstructions even for the new infrastructure for Federal Highway and the City is putting tree boxes in that are only going to allow for a 21/2-3 foot pedestrian clearance. Commissioner Jarjura stated obstructions such as garbage cans, signage, etc. are impacting that and noted that the City needs to provide a clear zone for ADA compliance. She stated it is not just the tables but the infrastructure that is put in. Mr. Coleman stated with the way some of the sidewalks are designed downtown, they cannot get the six (6) foot rule no matter what they do because the sidewalks are not configured throughout the city the same. Mayor Glickstein stated Pineapple Grove does not have the pedestrian impact that Atlantic Avenue has. Brief discussion by the Commission followed regarding the restaurants on Atlantic Avenue versus those in Pineapple Grove. Commissioner Katz suggested that maybe the CRA could use some capital to remove some of the infrastructure (i.e. one of the poles) to help save a business especially if it means losing a business it might be worth the investment in the business (i.e. J&J Seafood Bar and Grill). Commissioner Jarjura stated if it is a four (4) foot sidewalk it probably should have never been approved for outdoor dining because there is no clearance; however, if it is in an area that has adequate room to have those sidewalks but has obstructions. Mr. Coleman stated the sidewalk from Federal Highway to the beach belongs to FDOT. The City Manager stated per the direction of the Commission the City will enforce the ordinance and when those people come before the Commission then the City can look at those individual circumstances particularly if there is infrastructure that is creating situations that make being in compliance impossible. Brief discussion followed by the Commission regarding Prime restaurant and the planters. Mr. Coleman explained that the planters are on private property. Mr. Coleman stated the City is trying to work with some of the restaurants to get voluntary compliance and if they do not have everything approved by July 31, 2015 after that they will get fined 10% of their permit fees, after that it will be 15%, and after that it will be 20%. 22 05/05/15 Mayor Glickstein stated on numerous occasions he has seen people have to walk out into the road to get by restaurants and has seen handicapped people forded (in particular at The Office). Mayor Glickstein stated the only possible hardship he would be looking is if there is enough right-of-way but there is some movable fixture and would look to the DDA or the CRA to look to work with that if it is workable. He stated if a light pole can be shifted five (5) feet or some other fixture that the Commission can look at providing that the restaurant has the adequate space. Mr. Coleman stated the City is making some adjustments by moving trash cans around; however, other fixtures are going to be hard. Mr. Coleman pointed out that if tables are removed some restaurants have bars and this could free up space for those people standing at the bar to stand on the sidewalk. Vice Mayor Petrolia stated it should be that the restaurant understands that they are about ready to lose their spot with respect to having a bar if they are going to encroach on the sidewalk. Mr. Jacquet stated it is a legitimate concern but feels a group of people standing can move out of the way versus tables, people walking, and strollers is different. After brief discussion, Mayor Glickstein stated the restaurant would have to be cited and management would have to control it because that would still be blocking the right-of-way. Mayor Glickstein stated the encroachments have increased well beyond what the original intention was and emphasized that this is supposed to be a pedestrian walkable city. The Commission thanked Captain Coleman for the great job he did on the report. 3. Report Regarding Meeting with All Aboard Florida Mr. Cooper stated he will be meeting with All Aboard Florida. 4. Commission Direction Regarding Fire Department Mr. Cooper stated he met with Deputy County Administrator Brad Merriman who briefed him on past events. Mr. Cooper stated he is looking for direction on whether to explore further. Mayor Glickstein stated he would like to know his options. Commissioner Jarjura stated if it improves or maintains response times, level of service, pay, benefits, and equipment and cannot make that decision without knowing what the costs are and the financial impacts are. Commissioner Katz asked if the City Manager would like more time before the Commission gives him direction to work on this. The City Manager stated it is a fairly simple contract negotiation with the exception of the pension issue. Deputy Vice Mayor Jacquet stated this is crucial for the City Manager to get as much information as possible and he feels this is great leadership. Deputy Vice Mayor Jacquet stated considering the Commission spoke about this last year at a Workshop meeting and though the City Commission had already given direction to staff to come back with the information that they had asked. Therefore, Deputy Vice Mayor 23 05/05/15 Jacquet asked the City Manager to get the information that he needs to be able to know whether this is something the Commission wants to do or not. It was the consensus of the Commission to direct the City Commission to have the County to provide options and come back with the information that the Commission needs to make a policy decision. 5. Creation of Purchasing Department The City Manager stated it is prudent and necessary to create a Purchasing Department to control all purchases over $2,500.00. The City Manager stated there are significant problems with purchasing and he wants clear accountability and in his opinion the only way to do that is to put this under one roof and control the warehouse. He stated it will require two (2) additional buyers for the high volume departments so that the City can expeditiously acquire goods and services that they acquire. The City Manager stated this will start to bring a level of control that the City Commission desires and he feels is necessary. The City Manager stated staff is going to implement best practices. Mayor Glickstein stated he appreciates the City Manager taking care of this and he likes the organizational chart. The City Manager stated with regard to Purchasing he will bring a resolution to the City Commission at the first meeting in June and implement immediately. 6. Proposed Staff Reorganization The City Manager stated he will implement the new organizational chart in fiscal year 2016 and some of those issues (i.e. additional Code Enforcement Officers will be implemented in the mid -year budget and then if the City can afford it additional Code Enforcement Officers to bring it up to what it used to be beginning of fiscal year 2016). Based on the organizational chart, the City Manager stated he is advertising for the Assistant City Manager (ACM) for Operations and hopes to have that person selected and on board by the commencement of fiscal year 2016. The City Manager stated there are certain core services that as a City Manager you want to make sure that they report directly to you. 12.B. City Attorney The City Attorney suggested that the City have a policy with respect to invocations at City Commission meetings. The City Attorney stated there has been recent Case Law with respect to this subject matter and although invocations must be solemn and respectful Case Law provide that those people who can be permitted to speak at the invocation the policy would have to be non-discriminatory so any recognized religious group or secular group has the right to request that they speak at the invocation. The City Attorney stated this has been a problem in other communities in the State of Florida and requested to amend the Parliamentary Rules to eliminate the Invocation from the City Commission meetings. He stated it is a source of controversy with people who 24 05/05/15 have deeply held beliefs and you cannot screen or pre -filter what someone is going to say at the dais. Although it has not been problem here, it has been a problem elsewhere. The City Attorney stated a lot of cities are doing this as a matter of practicality and as part of the amendments he is going to put this in. Mayor Glickstein, Commissioner Jarjura, and Commissioner Katz agreed with the City Attorney; Commissioner Jacquet stated he does like it and Vice Mayor Petrolia stated she is neutral. Commissioner Jarjura stated given the Supreme Court's ruling this past summer she feels this is necessary. Deputy Vice Mayor Jacquet stated it is addressing a legitimate concern that some have had with certain invocations. In his opinion, Deputy Vice Mayor Jacquet stated it is not necessarily the individual invocation, what words the individuals choose to use, or whom they choose to consider as their creator. Deputy Vice Mayor Jacquet stated he does understand the concern and feels it is appropriate that it is coming from legal considering the Court cases and issues that other municipalities are dealing with. However, Deputy Vice Mayor Jacquet stated in his opinion, it is allowing people to express themselves freely regardless of who they choose to make their pray to. 12.C. City Commission 12.C.1. Commissioner Katz Commissioner Katz stated he is really pleased with the meeting the Commission had with the CRA last week and he hopes that everyone follow-up with that soon because it was very productive. He stated at the end of the meeting there was a discussion about Old School Square and he has been receiving feedback from residents. Commissioner Katz asked Old School Square to do some more public outreach and get more opinions. Secondly, Commissioner Katz stated the Boca Council members have started something called "Coffee with a Council Member" (the Delray Beach Police Department does something similar). Commissioner Katz stated he would like to try to this a least for himself and would like to hold the first "Coffee or Chat with a Commissioner" in the western part of the community. He stated people want to have a voice and not everyone can attend a Commission meeting. 12.C.2. Commissioner Jariura Commissioner Jarjura stated Patrick Murphy raised this during public comments and it was also raised during the CRA meeting that maybe other areas would want to pick up an event. She states when looking at the rules, procedures event. For example, Commissioner Jarjura stated a 5-K event that stops traffic on A -1-A from 6:30- 7:30 a.m. is very different from closing roads down for three (3) days. Commissioner 25 05/05/15 Jarjura stated when looking at making rules and procedures staff has to weigh the area, what neighborhood, and the type of event. She stated there may be some events that the City may want to move to other areas that would invite that type of activity. Commissioner Jarjura reiterated for staff to consider the following three (3) things: (1) type, (2) impact and (3) location when doing this. 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia asked if the DDA if the City is in the process of sending out a survey to find out that those paying that 1% feel about how it is being spent. She stated every year the Commission is asked to approve this 1% but have no idea if those people that are actually paying for it feel like it is being spent properly. She asked the City Manager to look into this. Secondly, Vice Mayor Petrolia commented about the Police and Fire Actuarial Report and what is coming tomorrow is the City's ability to withdraw (written documentation for the 175/185 withdrawal). She stated the Police and Fire Actuarial Report was promised in April but as of this date the Commission still does not have it. Vice Mayor Petrolia stated the bond default penalty interest and rectification statement for the City's Comprehensive Annual Financial Report (CAFR) and noted this should be forced to be made proper because they are saying that the City had a late fee. The City Manager stated he will have Mr. Warner respond to that because that should have been responded to as part of the response to the management letter. Also, Vice Mayor Petrolia asked the City Manager about information with respect to the DROP Plan accounts and paying their fair share of the Plan investment expenses. Vice Mayor Petrolia thanked staff for the Performance Evaluation paperwork and the Workforce Housing update. Vice Mayor Petrolia stated there is such a minimal amount of people that are applying for the boards and found out that it is a cumbersome process because you have to download the board application, fill it out, and then bring it in or send it to the City Clerk's office. Vice Mayor Petrolia suggested that this all be online to get this entire process computerized so that it would be easier for people to apply for the board positions. Lastly, Vice Mayor Petrolia stated the children's garden behind St. Paul's Episcopal Church was dedicated last Friday. She stated from the Charrettes to the Groundbreaking she has been somewhat involved in being an observer and the children designed and planted this garden, and will eventually enjoy the fruits of their imagination and their labor. 26 05/05/15 12.C.4. Deputy Vice Mayor Jacquet Deputy Vice Mayor Jacquet stated on Earth Day event he attended by the Delray Students First, the Boys and Girls Club, and Lowe's. He stated it was a great partnership of people who came together to plant trees and get the students involved. Deputy Vice Mayor Jacquet presented a framed photo to the City Commission with the students' signatures and thanked each Commission member for their continued support. 12.C.5. Mayor Glickstein Mayor Glickstein stated Dolores Rangel contacted the rest of the Commission about a conflict that he and Vice Mayor Petrolia have on May 19, 2015 and requested to move the City Commission meeting to Wednesday, May 20, 2015. Commissioner Katz stated he will be out-of-town May 20-22, 2015. It was the consensus of the City Commission to move the regular meeting from Tuesday, May 19, 2015 to Wednesday, May 20, 2015. Secondly, Mayor Glickstein expressed concern over the comments about the pavilions in particular because the City is about to embark on building two (2) more pavilions using the same architect specifications, etc. Mayor Glickstein stated when the City gets to the next stage of doing the licenses for the outdoor cafes he would like to look at marking that to market for that space. He inquired about when was the last time that was looked at in terms of what is the value of that space and asked that staff analyze that and does not believe the City is getting fair market value for that very valuable space. Mayor Glickstein stated the City Manager made mention at a Commission meeting that the City's hiring practices were not conducive and there were structural problems. It was the consensus of the City Commission to change the City's hiring process to make it work. The City Manager stated it takes too long to get things done; however, he has been informed by the City Attorney that the Civil Service rules were set by Special Act in 1949 and the ability to change these rules may be limited. The City Manager stated he is running into a problem with the recruitment part of the process along with some other issues. The City Manager stated when a new Human Resources Director begins employment he will ask this person to do a complete system analysis. The City Attorney stated as he researches the issue of Civil Service amendments he was surprised to learn that the Civil Service rules were created by a Special Act enacted in 1949 and Home Rule powers give the City Commission all powers of self-government except for prior special acts with respect to employees. The City Attorney stated over time there has been several special acts amending those Civil Service rules most recently in 1997 when some positions were made exempt. Lastly, with respect to Commissioner Katz's comments regarding the Workshop meeting, Mayor Glickstein stated the follow-up direction was the City was 27 05/05/15 going to work with the CRA to look at incremental boundary changes; the suggestion was A -1-A to Intracoastal and then Intracoastal to US -1. There being no further business, Mayor Glickstein declared the meeting adjourned at 11:00 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 5, 2015, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 28 05/05/15 MAY 20, 2015 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Wednesday, May 20, 2015. 1. Roll call showed: 2. Present- Vice Mayor Shelly Petrolia Deputy Vice Mayor Alson Jacquet Commissioner Jordana Jarjura Mayor Cary Glickstein Absent - Commissioner Katz Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Kimberly Wynn, Acting City Clerk 2. INVOCATION — None. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Ms. Jarjura moved to approve the Minutes of the April 3, 2014 City Commission Special Meeting, October 21, 2014 City Commission Special Meeting, November 18, 2014 City Commission Regular Meeting, and May 12, 2015 City Commission Workshop Meeting, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. 5. PRESENTATIONS: 5.A. Spotlight on Education — Pine Grove Elementary Joe Peccia, Principal, gave a brief Powerpoint presentation and highlighted Pine Grove Elementary School's accomplishments and stated the school was 4 points from an "F" school and it is now 16 points from an "A". On behalf of the City Commission, Mayor Glickstein thanked Mr. Peccia for all his hard work. 05/20/15 Deputy Vice Mayor Jacquet stated he is excited to see that this is the second year in a row that the students get the opportunity to go to Washington, D.C. and he is impressed with the way that Mr. Peccia has embraced the community and the parents. Deputy Vice Mayor Jacquet stated he is very proud of Mr. Peccia for being a great leader. S.B. Gift Presentation from Sister Cities David Schmidt, Sister Cities President, gave a brief presentation and stated last October he had the opportunity to represent the City at Miyazu's Anniversary Celebration and the Mayor there announced that he was going to present a copy of a very famous painting in Japan to each of their three sister cities. Mr. Schmidt presented a reproduction of this famous painting to the City Commission. In addition, Mr. Schmidt stated Sister Cities is hosting a young artist contest exhibit and the two local winners are from Unity School. Mr. Schmidt stated Sister Cities is also hosting last year's international winners for art, poetry, and essay contests which will be on display in the lobby until the end of June. Mr. Schmidt also presented a plaque to the City Commission which can be mounted by the painting as well as a book. S.C. Design Guidelines Update — Anthea Gianniotes, Treasure Coast Regional Planning Council Anthea Gianniotes, Treasure Coast Regional Planning Council, gave a brief update on the Central Business District (CBD) Design Guidelines. At this point, the Commission moved to Comments and Inquiries on Agenda and Non -Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. The City Manager made a brief statement regarding his memorandum to the City Commission concerning the alleged Purchasing violations that the City believes they have uncovered in the criminal investigation that is ongoing. The City Manager assured the City Commission and the public that this is a matter of utmost seriousness and reflects the failure of management from the City Manager's office down to the line level and reflects a culture that is unacceptable and will be changed regardless of where it goes. The City Manager stated there are multiple investigations underway both at the administrative level and at the OIG's level Commission on Ethics, and the State Attorney's office and those investigations will be followed to wherever they lead. As a result of that, the City Manager stated the City intends to change the culture of the organization, ensure that there is the appropriate training and understanding from all levels from the City Manager's office down to the lowest employee, and to institute and implement Best Management Practices not only in Purchasing but across the board. The City Manager stated he feels the City is going to run into other issues similar to this in various business processes and how the City has done business on a variety of issues and 2 05/20/15 he finds it is one of the most disheartening things that he has personally had to deal with in his career. The City Manager stated the City will follow this to the ultimate end and it will be changed. In response to previous comments from the May 5, 2015 City Commission meeting with respect to beach pavilion, the City Manager stated it appears the materials that were used to fasten the beach pavilion to its foundation and other areas were not of marine grade and may not have been up to par. The City Manager stated City staff is working with the City Attorney to see if the City has recourse against the contractor. The City Manager stated he went to inspect it and in some areas there are marine grade material and some parts they do not. He stated they have placed that on an annual maintenance program and are in the process of correcting those problems and will correct them on an annual basis as part of a high maintenance environment that the beach represents. In response to the improvements that were made on US -1, the City Manager stated the improvements do not meet in many of the areas the five foot (5') clear space. For example, the City Manager stated where the Royal Palms are placed it is between 4'/2 feet and 43/4 feet from the back of the tree to the edge of the building. Based upon personal inspection, the City Manager stated there are numerous intersections that are like an obstacle course because it appears that the designers of the project took the existing facilities, used FDOT standards which are from the front of the curb and measured everything and simply put them in place. The City Manager stated some of these can be corrected easily and some will take time over the years to correct. The City Manager stated he believes it is important to complete the project and go into corrective mode after that based upon the City's financial ability and the difficulty of correcting the issue. The City Manager stated some of this involves utility movement. Vice Mayor Petrolia asked if there are any more plantings that are in the process of going in that could be changed right now. The City Manager stated almost all of them are done and it would require further delays of the project and further change orders. Given the inconvenience associated with the project, the City Manager stated he would not recommend that at this point in time. Commissioner Jarjura stated since they project is in process it seems to be a waste to do it improperly rather than correct the problem now; however, the City Manager has indicated that funding would be impacted. The City Manager stated the City is in the final stages of the project 75-80% complete; there is rationalization that the material that is being laid around the plantings you can walk over it and therefore you can indicated that there is the five foot (5') clear space or close to it. However, the City Manager stated it is between 41/2 and 43/4 inch; Commissioner Jarjura stated there are some areas where it is 21/2 feet. With respect to the City Manager's comments, Vice Mayor Petrolia asked if these multiple investigations going on are regarding one issue or is it regarding 3 05/20/15 multiple issues. In response, the City Manager stated it is multiple employees or multiple instances of the same issue. Mayor Glickstein stated he would like to put on notice the designer because regardless of who prepared it in particular if it was FDOT consultants who is a sister agency to a Federal Agency and to the extent that they are designing something or approving something that does not meet ADA requirements is close to gross negligence. Mayor Glickstein asked why City staff was not involved in that design in particular the Planning Department which is tasked with reviewing development projects for that type of compliance and were they at all consulted on any section of this roadway. Mayor Glickstein stated that the City Manager knew that coming into this position and the reason he was being interviewed was because the three (3) predecessors before him neither understood the gravity of the problem nor did they understand the sense of urgency to correct it and the City Commission made this very clear to the City Manager upon his hiring. Mayor Glickstein stated he appreciates the depth of the investigation, he presumes it will be a while before the State Attorney and the other investigating agencies reach their conclusion. Mayor Glickstein stated criminality is not the standard by which the City should be determining whether somebody is an employee of this city. The City Manager stated he fully agrees with Mayor Glickstein and staff is moving rapidly now. Mayor Glickstein stated the Commission was informed on a few different occasions that the procurement issues were handled none of which have proven to be accurate and the Commission is looking for results at this point; with regard to the structural changes, people need to see action. 6.B. From the Public. 6.B.1. Ed McCall, 950 S.W. 17' Avenue, Delray Beach, FL 33444, urged the City Commission to vote "no" on Item 8.G. which is for a sidewalk project on S.W. 17a' Avenue. Mr. McCall stated this is a very active industrial zone with marble vendors, semi -trucks, automobile repair shops, body shops, metal recycling business, constant trucks, heavy equipment, etc. Mr. McCall stated he was told the sidewalks are being installed there is because kids from tri -rail walk to Village Academy on S.W. 14th Avenue and he feels installing sidewalks on this street is not going to protect anybody and noted S.W. 14th Avenue has a sidewalk from the school to S.W. I 01 Street. He stated this is a waste of taxpayers' money and inquired why the City promoting pedestrian traffic to a heavily used industrial zone. He stated S.W. 10th Street is in dire need of sidewalks. Mr. McCall urged the City to direct the CRA to reallocate this money elsewhere in the city and he entered photos of properties on S.W. 10th Street and North side of S.W. 17th Avenue. 6.13.2. Bob Gamer, Florida Coalition, stated he has confidence in the Commission to get through the issues the City is currently facing. Secondly, Mr. Ganger commented about the Atlantic Crossing project and Item 9.0. Mr. Ganger stated if the design coming forward is satisfactory and meets the criteria of being better than the original Atlantic Court concept or better than the site plan 4 05/20/15 that was approved, the City would want a very skilled attorney (Mr. Steve Rubin) to review the settlement agreement and the developer agreement assuming there is one. He suggested that the Commission contact the attorney who actually wrote the last development agreement and engage him in a briefing. Mr. Ganger stated if there is a settlement it has to be between the City and the developer but the City would not have a settlement if it had not been for the public. Mr. Ganger stated many residents spent $30,000 of their own money for a traffic study, etc. to get to where they are today. 6.B.3. Ed McDonald, 314 East Mallory Circle, Delray Beach, FL 33483, stated he feels this is being rushed tonight when Commissioner Katz is not present because he was the one that proposed that the City look retain special outside counsel. Therefore, Mr. McDonald requested that the Commission delay the decision until Commissioner Katz is present. Secondly, Mr. McDonald stated yesterday he was taking a walk and passed by a bumper sticker which said "We the People" and under it said "Defend Liberty". Mr. McDonald stated at the City Commission meeting of May 5, 2015, the City Attorney recommended that all invocations will be eliminated from future City Commission meetings. Mr. McDonald stated it removes the opportunity for the public to hear the invocation of a blessing by some person from the clergy asking God's blessing on what is taking place right now; secondly, Mr. McDonald is stated he can pray but he would like to hear what is said. Mr. McDonald stated he feels this country is losing liberties right before our eyes and he does not understand why we have to do this. Mr. McDonald recommends that the Commission put this proposal on the Agenda for discussion and list this issue on the Agenda for subsequent public vote by all Commissioners. He stated "All future Commission meetings will continue to permit invocations and follow a rotation system overseen by the Mayor whereby a different member of the clergy is permitted to issue an invocation once in any calendar year. There shall be no repetition among this group of clergy; only one person in any calendar year." 6.B.4. Gary Brandenburg, 11891 U.S. Highway 1, Delray Beach, FL 33408 (represents Lakmichand Kalra), commented about the Lake Ida property that the City is acquiring from Palm Beach County and proposed that Mr. Kalra would pay Palm Beach County $250,000.00 for the property, obtain the property, and then give the City a bicycle easement through that property as well as the adjoining 23 acre property, and give the City of Delray $250,000.00 to utilize for bike trail improvements along that property. 6.B.5. Mariorie Ferrer, Downton Development Authority (DDA) 85 S.E. 4 t Avenue Suite #108, Delray Beach, FL 33483, distributed a "Who Can You Call" brochure and the DDA's Annual Report. 6.B.6. Tony Chapital, 110 S.W. 11t Avenue, Delray Beach, FL 33444, read the following mission statement into the record "To encourage all dog owners to know, abide, and pass on the laws/requirements and overall proper responsible adequate to enjoy and prolong our already dog -friendly community. Mr. Chapital stated he watched 5 05/20/15 4 hrs. and 44 minutes of the City's Goal Setting for 2015 the other day. For the last thirty (30) years, he stated some dog owners have been accessing the North end of the beach with their dogs and noted some of these people have health issues. Secondly, Mr. Chapital stated he watched the beautiful ceremony for the two fallen Police Officers. He stated this made him think of the City's Police force having to write a ticket and be forceful to some of the sweet people that are dealing with their minor health issues that they may or may not want to share. Mr. Chapital stated he is certain that the City has better things to do with its time and budget and is open for discussion. He urged the Commission to allow the responsible dog owners group access to that North section of the beach. 6.B.7. Arie Whiteman, 5091 Washington Road, Delray Beach, FL 33484, stated this City Commission hired Mr. Cooper as the City Manager which means they have the confidence in him to run this city. Mr. Whiteman urged the Commission to let Mr. Cooper do his job versus trying to micro -manage him. Secondly, Mr. Whiteman stated that the Commission commented about the Federal Highway project and that it is the developer's fault and the architects fault and feels there are other people that should have caught this as well. 6.B.8. Ron Nobili, 159 Marine Way, Slip #15, Delray Beach, FL 33483 (member of the discriminated class of residents living within the Marina Historic District), stated at the last Commission meeting discrimination was highlighted and noted that Easter Sunday the adult children of his significant other nor his uncle and uncle's wife were able to conveniently visit them because his significant other was utilizing his one and only guest pass. Mr. Nobili stated an identical illustration manifested itself on Mother's Day exhibiting twenty-two (22) vacant on -street parking spaces at 8:30 a.m., twenty (20) at 1:45 p.m., and seventeen (17) at 8:30 p.m. In his opinion, Mr. Nobili stated further highlighting the inequity of Ordinance No. 05-15, recently he had a friend stay with him for a week and his significant other could not visit him because his visitor was utilizing his one and only obtainable guest pass. He stated recently he had a computer specialist assist him and his significant other had to leave and noted if he required the services of a medical professional/physical therapist, then his significant other would have to leave. Mr. Nobili stated there were on average twenty (20) vacant on -street parking spaces on Marine Way each day his vehicle was incapacitated and each of the former situations illustrated married couples (some who do not live in Delray Beach) with two permitted vehicles and a guest pass do not suffer such diminished quality of life as they are able to utilize up to three (3) on -street parking spaces. 6.B.9. Pauline Moody, 609 S.W. 811 Avenue, Delray Beach, FL 33444, entered a new Field Report from the Delray Beach Police Department and a lease from the Caring Kitchen. Ms. Moody commented about alleged situations of ethical violations. 6 05/20/15 6.B.10. Cindi Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483, urged the Commission to defer the discussion and decision on special counsel for Atlantic Crossing to review the possible settlement. Ms. Freeburn stated Commissioner Katz requested that and everyone knew since the meeting was moved from its regularly scheduled night, for good reason, that he would be present tonight. Therefore, Ms. Freeburn feels Commissioner Katz should have the opportunity to weigh in on that. Ms. Freeburn stated there is a public perception problem with this project and it is important that everything going forward with the project is "squeaky clean." Ms. Jarjura moved to approve to continue public comment until the Commission gets through public comment and the Agenda before moving to public hearings, seconded by Vice Mayor Petrolia. Upon roll call the Commission moved to approve as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote. 6.B.11. Bob Brewer, 3822 South Lancewood Place, Delray Beach, FL 33445 (a member of Friends of Delray Doe Beach), stated they would like to make a small section of the public beach dog friendly. Mr. Brewer stated for the last fifteen (15) years he and many other dog owners have taken their dogs to the beach and occasionally it has been enforced as "No Dogs Allowed". He stated he had extensive discussions with Suzanne Davis, Director of Delray Beach Parks and Recreation and with the Executive Director of Friends of Jupiter Beach getting their input on the issues and as a group have been studying what has worked in surrounding municipalities. Mr. Brewer stated Friends of Delray Dog Beach currently has over 300 members with a petition circulating with over 1,800 signatures. He stated monthly their volunteers would do a major cleanup of the dog area and the Friends of Delray Dog Beach would sell advertising on the dog supplies to help defray the cost that the City is currently occurring. Mr. Brewer stated they would purchase an annual permit and there would be an additional fee for non- residents; only dogs current on their tags would be allowed to be permitted and would increase the registration of the dogs (250 dogs @ $25.00 each 50 non-residential dogs @ $75 = $10,000 income for the City; 40 dogs per day 11/z hrs. average visit would increase parking meter revenue by $32,850.00 a year). Mr. Brewer stated many of them have breakfast downtown after being on the beach bringing in additional revenue. He urged the City to work with them to help find a solution. 6.B.12. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about the Planning and Zoning Board for postponing the iPic movie theatre again. Dr. Kirson stated he lives at S.W. 10th Street and Linton Boulevard and it used to take him 4 or 5 minutes to get to Federal Highway and Linton Boulevard, but now it takes him 12-15 minutes. He commented about the numerous new places to eat on Linton Boulevard and feels this is progress. 7 05/20/15 7. AGENDA APPROVAL. The City Manager requested that Item 9.L., Resolution No. 30-15 — Mid Year Budget Amendment be removed. Vice Mayor Petrolia requested that Item 8.G., Bid Award/Complete Property Services of South Florida /Landscape Maintenance Bid No. 2015-40 be moved to the Regular Agenda as Item 9.13.13. Deputy Vice Mayor Jacquet requested that Item 8.L1., Proclamation — Ome2a Psi Phi Lambda Alpha Alpha Chapter — 35 years of service be moved to the Regular Agenda as Item 9.A.A. Vice Mayor Petrolia moved to approve the Agenda as amended, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLATBORDERLINE/2200 LAKE DRIVE: Motion to Approve a final boundary plat for a two lot single-family subdivision platted as Borderline located at the northwest corner of N.W. 22 Street and Lake Drive. 8.13. ACCEPTANCE OF WATER EASEMENT DEED/CLEMENT COTE AND NANCY TESSIER/LATITUDE DELRAY LOT 6: Motion to Accept a Water Easement Deed with Clement Cote and Nancy Tessier at Latitude Delray, Lot 6, Building No. 2 located at 222 S. Latitude Circle. 8.C. ACCEPTANCE OF WATER EASEMENT DEED/LATITUDE OASIS, LLC/LATITUDE DELRAY LOT 22: Motion to Accept a Water Easement Deed with Latitude Oasis, LLC at Latitude Delray, Lot 22, Building No. 4 located at 227 N. Latitude Circle. 8.D. ACCEPTANCE OF WATER EASEMENT DEED/LATITUDE OASIS, LLC/LATITUDE DELRAY LOT 7: Motion to Accept a Water Easement Deed with Latitude Oasis, LLC at Latitude Delray, Lot 7, Building No. 3 located at 228 S. Latitude Circle. 8.E. ACCEPTANCE OF WATER EASEMENT DEED/GARRETT AND NANCY SCHULTZ/LATITUDE DELRAY LOT 23: Motion to Accept a Water Easement Deed with Latitude Oasis, LLC at Latitude Delray, Lot 23, Building No. 5 located at 221 N. Latitude Circle. 8.F. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION 12- 03.1/WANTMAN GROUP, INC./FORCE MAIN 58A REPLACEMENT PROJECT: Motion to Approve Service Authorization No. 12-03.1 (Amendment No. 1) 8 05/20/15 with Wantman Group, Inc. in the amount of $27,492.56 for professional engineering services (RFQ 2012-06) related to the replacement of force mains at Systems 58A and 87 (Project No. 2014-039); providing design, a lift station electrical control panel and construction administration services during project construction. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), "Beyond the Scope of Work". Funding is available from 442-5178-536.63-88 (Water and Sewer Renewal and Replacement Fund: Improvements Other/Force Main Replacement). 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.B.B. 8.11. HOLD HARMLESS AGREEMENT/DELRAY PRESERVE/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY: Motion to Approve a Hold Harmless Agreement with Delray Preserve for work in the Florida Department of Transportation (FDOT) Right -of -Way. 8.I. PROCLAMATIONS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 2. Clean Air Challenge Month — May 2015 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: No appealable reports for the period of April 27, 2015 through May 1, 2015. 8.K. AWARD OF BIDS AND CONTRACTS: 1. NONE Vice Mayor Petrolia moved to approve the Consent Agenda as amended, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes. Said motion passed with a 4 to 0 vote. 9.A.A. Proclamation - Omega Psi Phi Lambda Alpha Alpha Chapter — 35 Years of Service Mayor Glickstein read a proclamation into the record recognizing and commending Lambda Alpha Alpha Chapter of Omega Psi Phi for thirty-five (35) years of service and encouraged all of our residents to join in this recognition and congratulate the members of the Lambda Alpha Alpha Chapter of Omega Psi Phi Fraternity, Inc. for their support to youth and the community. The members of the Lambda Alpha Alpha Chapter of Omega Psi Phi Fraternity, Inc. came forward to accept the proclamation. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 9 05/20/15 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 27-15: CONTRACT FOR SALE AND PURCHASE OF THE PROPERTY LOCATED AT 510 S.W.141H AVENUE: Motion to Approve Resolution No. 27-15 authorizing the sale of the Neighborhood Stabilization Program property located at 510 S.W. 14th Avenue to Patricia Green for the purchase price of $115,000.00, or appraised value and provide subsidy up to $25,000.00 secured by promissory note and second mortgage. The caption of Resolution No. 27-15 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 27-15 is on file in the City Clerk's office.) Ferline Mesidort, Neighborhood Services Administrator, presented this item to the Commission. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 27-15, the public hearing was closed. Deputy Vice Mayor Jacquet moved to approve Resolution No. 27-15, seconded by Ms. Jarjura. Upon roll call the Commission as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 07-15 (SECOND READING): Motion to Approve Ordinance No. 07-15, an amendment to Chapter 51, "Garbage and Trash", of the Code of Ordinances Section 51.70, "Regular Charges Levied", to provide for new Residential Collection Service Rates for the remaining Fiscal Year 2015. The caption of Ordinance No. 07-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF 10 05/20/15 office.) DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR NEW RESIDENTIAL COLLECTION SERVICE RATES FOR THE REMAINING FY 2015; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 07-15 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Jack Warner, Chief Financial Officer (CFO), presented this item to the Commission and urged the Commission to approve this ordinance so that it can go into effect June 1, 2015. Mayor Glickstein declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance 07- 15, the public hearing was closed. Vice Mayor Petrolia moved to adopt Ordinance No. 07-15 on Second and FINAL Reading, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Glickstein thanked Vice Mayor Petrolia for her work on this and he appreciates the tenacity. In addition, Mayor Glickstein thanked Mr. Warner for his work on this as well. 10.C. ORDINANCE NO. 09-15 (SECOND READING): Motion to Approve Ordinance No. 09-15, an amendment to Land Development Regulations Section 4.6.9, "Off -Street Parking Regulations", Subsection 4.6.9 (E), "Locations of Parking Spaces", Paragraph 3, "In Lieu Fee", to create two new areas. The caption of Ordinance No. 09-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9 (E), "LOCATIONS OF PARKING SPACES", PARAGRAPH 3 "IN LIEU FEE" TO CREATE TWO NEW AREAS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 11 05/20/15 office.) (The official copy of Ordinance No. 09-15 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Victor Majtenyi, Deputy Director of Public Utilities, presented this item to the Commission. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 09-15, the public hearing was closed. Vice Mayor Petrolia expressed concern that by creating these incentives it could possibly be creating more problems and that the city may be under valuing what the cost of a space. She is concerned how this will affect the future. Mayor Glickstein stated the incentives for West Atlantic Avenue and Osceola Park need to remain in place; however, he does not feel the need for incentives in Pineapple Grove relative to parking. The City Manager stated this ordinance is a corrective ordinance based upon previous direction of the City Commission (Ordinance No. 09-15 corrects Ordinance No. 03-15 which inadvertently repealed this) and staff can look into whether these rates need to be adjusted. Mayor Glickstein suggested that staff can bring something back regarding why the City is reducing the in -lieu cost in an area that is parking constrained now for Pineapple Grove. Deputy Vice Mayor Jacquet asked if incentives are needed in the bottom piece of Old School Square Historic Arts District (OSSHAD) along South Swinton on the first block. Deputy Vice Mayor Jacquet stated he concurs with Mayor Glickstein that incentives for both Osceola Park and West Atlantic Avenue is appropriate. Ms. Jarjura stated she too concurs that Pineapple Grove does not need as much incentive. Vice Mayor Petrolia moved to adopt Ordinance No. 09-15 on Second and FINAL Reading, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.B.B. SERVICE AUTHORIZATION NO. 12-06/CALVIN GIORDANO AND ASSOCIATES INC./COMMUNITY REDEVELOPMENT AGENCY (CRA) SIDEWALKS FISCAL YEAR (FY) 2015: Motion to Approve Service Authorization No. 12-06 to Calvin, Giordano and Associates, Inc. in the amount of $19,830.24 for 12 05/20/15 professional design services related to the CRA Sidewalks FY15, Project No. 2015-002. Funding is available from account 334-3162-541-63.11 (General Construction Fund: Public Works/Improvements Other Than Buildings/Bike Paths/Sidewalks). The City Manager stated he has looked at this with Randal Krejcarek on two (2) occasions and he indicated that the 17th Street issue can be dropped; however, that the 0 Street improvement is a necessary improvement. Vice Mayor Petrolia stated the priority is to get sidewalks in this area first, and then address S.W. 17th Avenue. Vice Mayor Petrolia commented about the photos of S.W. 10th Street and stated a walkway is needed because you can see the foot traffic path. Mayor Glickstein commented about the gap in front of the church where there is no sidewalk. Deputy Vice Mayor Jacquet stated he too encouraged staff to make it a first priority to put a sidewalk in this area of town. Ms. Jarjura stated she believes that the Commission has made the direction that if it is adjacent to a school or a park that people use that they would like to see the sidewalks there first because it is a safety issue because children are walking in the street. Ms. Jarjura stated she is not sure how staff makes the determination of what gets priority on that list. The City Manager stated staff will bring back the issue of S.W. 10th Street back to the City Commission at a later date. Vice Mayor Petrolia moved to amend the amount of Service Authorization No. 12-06 accordingly, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes. Said motion passed with a 4 to 0 vote. 9.A. SIDEWALK IN -LIEU FEE/962 BOLENDER DRIVE: Consider a request from the property owner of 962 Bolender Drive to pay a fee in -lieu of sidewalk installation. (Quasi -Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi -Judicial Hearing rules into the record for this item and all subsequent Quasi -Judicial items. Kimberly Wynn, Acting City Clerk, swore in those individuals who wished to give testimony on this item and all subsequent Quasi -Judicial items. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Victor Majtenyi, Deputy Director of Public Utilities, entered the project file into the record and presented this item to the Commission. 13 05/20/15 Andre Colombo, Builder, stated they would rather not put the sidewalk in as there are no sidewalks in that part of Tropic Isle. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public comment was closed. There was no cross-examination or rebuttal. Ms. Jarjura complimented staff for getting this done in such a timely manner (the application was applied for on April 10, 2015, the Development Services Management Group (DSMG) approved it on April 16, 2015, and it is now on the City Commission agenda within a month's time period). The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Ms. Jarjura moved to approve a sidewalk in -lieu payment in the amount of $4,200.00 for relief of sidewalk installation by the owner of 962 Bolender Drive, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9.B. SIDEWALK IN -LIEU FEE/3021 JASMINE COURT: Consider a request from the property owner of 3021 Jasmine Court to pay a fee in -lieu of sidewalk installation. (Quasi -Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Victor Majtenyi, Deputy Director of Public Utilities, entered the project file into the record and presented this item to the Commission. The applicant was not present. There was no cross-examination or rebuttal. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public comment was closed. Ms. Jarjura asked if the money from the in -lieu fees is going into the General Fund. The City Attorney stated this is not General Fund money; it is in a segregated sub account just for this purpose. 14 05/20/15 The City Manager stated this money is set in separate trust account. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Prior to the vote, Deputy Vice Mayor Jacquet asked when the City decides it is time or that there is a need for a continuous sidewalk down a particular street. Mr. Majtenyi stated the need may not actually be there. Vice Mayor Petrolia moved to approve the Board Order approving a sidewalk in -lieu payment of in the amount of $3,800.00 and relief of sidewalk installation by owner of 3021 Jasmine Ct., seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.C. FINAL SUBDIVISION PLAT/CANNERY ROW: Motion to approve a final boundary plat for Cannery Row Replat of Lots 11 through 13, located on the west side of Pineapple Grove Way, between N.E. 3rd Street and N.E. 0 Street. Mayor Glickstein declared a conflict of interest and recused himself from the dais for reasons previously disclosed, and passed the gavel to Vice Mayor Petrolia. For the record, the City Attorney stated normally this item would have appeared on the Consent Agenda; there is no issue that would have caused this to be placed on the Regular Agenda. However, the City Attorney stated by placing this on the Regular Agenda it enables the Mayor who otherwise had a conflict, to then vote affirmatively with respect to the Consent Agenda. Mark McDonnell, Assistant Director of Planning and Zoning, presented the Commission with this item. Ms. Jarjura moved to approve the final boundary plat for Cannery Row Replat of Lots 11 through 13, 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(x), Section 3.2.3., and Section 3.1.1 of the Land Development Regulations, seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 3 to 0 vote. At this point, Mayor Glickstein returned to the dais. 9.D. AMENDMENT NO. 2/R.J. BEHAR AND COMPANY, INC./ FEDERAL HIGHWAY BEAUTIFICATION PROJECT NO. 2009-009: Motion to Approve Amendment No. 2 to the agreement with RJ. Behar & Company, Inc. in the amount of $151,358.00 for Construction Engineering and Inspection Services (CEI) for 15 05/20/15 the Federal Highway Beautification Project No. 2009-009. Funding is available from 334-3162-541.68-52 (General Construction Fund: Public Works/Road and Street Facilities/Other Improvements/Federal Highway Beautification). Victor Majtenyi, Deputy Director of Public Utilities, presented this item to the Commission. Ms. Jarjura commented about the scope of services and asked how plans could be designed inconsistent with ADA compliance. The City Manager stated this contractor is to ensure that the construction phase of the project is done according to the design plans and confirmed that staff is anticipating that this will cover the City through the end of this project for Construction Engineering and Inspection Services (CEI). Vice Mayor Petrolia moved to approve Amendment #2 in the amount $151,358.00 to the Agreement with R.J. Behar & Company, Inc. for Construction Engineering and Inspection Services (CEI) for the Federal Highway Beautification Project #2009-009, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote. 9.E. RESOLUTION NO. 32-15/ BEST INTEREST RESOLUTION - ELECTRIC MOTOR OF PALM BEACH: Motion to Approve Resolution 32-15 approving FY 2015 acquisitions for repairs, rehabilitation, and parts related to submersible pumps for raw water wells from Electric Motors of Palm Beach not to exceed $50,000.00; declaring by a four-fifths affirmative vote that the City's "Sealed Competitive Method", or "Written Quotations Procurement Method" for the purchase is not in the Best Interest of the City. Funding is available from 441-5144-536-46.20 (Water and Sewer Fund: Lift station Maintenance/Repair and Maintenance Service/Equipment Maintenance). 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". Victor Majtenyi, Deputy Director of Public Utilities, presented this item to the Commission. Vice Mayor Petrolia moved to approve Resolution No. 32-15, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes. Said motion passed with a 4 to 0 vote. 9.F. INTERLOCAL AGREEMENT AND AMENDMENT NO. 1 TO MICROENTERPRISE LOAN PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/COMMUNITY REDEVELOPMENT AGENCY(CRA)/ PROGRAM GUIDELINES: Motion to Approve an Interlocal Agreement with the Community Redevelopment Agency nunc pro tune October 1, 2014 until September 30, 16 05/20/15 2015 and Amendment No. 1 of the MicroEnterprise Loan Program guidelines for the MicroEnterprise Loan Program. Ferline Mesidort, Neighborhood Services Administrator, presented this item to the Commission. Brief discussion between staff and the Commission followed. Brief discussion followed by Ms. Joan Goodrich and Ms. Lia Gaines. Ms. Jarjura stated she understands that this is retroactive approval and that it is now May and this was supposed to be approved October 1St; however, she feels it should be presented to the Commission as an Agreement and then an Amendment to the agreement not as one document. For clarification, Mayor Glickstein stated there is no point of reference because normally you would have the original agreement and all the parts to that original agreement and a subsequent amendment with all the parts to that amendment. Mayor Glickstein stated what is before the City Commission is one document that is merging parts of what was already approved to an amendment. Mayor Glickstein stated the CRA attorney should have bifurcated this so that someone picking up this would be able to see the sequence of events which is not clear by the way the document is drafted now. The Commission gave direction to the City Attorney to work this out with the CRA attorney. Prior to the vote, Deputy Vice Mayor Jacquet stated when the Commission first approved there were discussions that since this is a pilot program the City wanted to make sure that it is working. Ms. Mesidort stated Ms. Jarjura moved to approve the Interlocal Agreement with the Community Redevelopment Agency (CRA) and the City of Delray Beach subject to the approval of the City Attorney based on a review and the appropriate revisions to reflect the guidelines being incorporated into the Agreement properly; and, to approve Amendment No. 1, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9.G. BID AWARD/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA/LANDSCAPE MAINTENANCE BID NO. 2015-40: Motion to Approve a bid award to Complete Property Services of South Florida, the third lowest bidder, in the amount of $14,330.00 for a one-year term, with two additional one-year renewal options, to provide landscape maintenance in the Atlantic Avenue Greenway Plan, Vacant Lots. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund: Parks and Recreation/Beautification Maintenance). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". 17 05/20/15 Suzanne Davis, Director of Parks and Recreation, presented this item to the Commission. Ms. Jarjura moved to approve the award bid to Bid No. 2015-40 landscape maintenance contract for the Atlantic Avenue Greenway Plan, Vacant Lots to Complete Property Services of South Florida (third lowest bidder) for a one (1) year term with two (2) additional one (1) year renewal periods and that the annual spending to Complete Property Services of South Florida not to exceed $44,500 in accordance with Code Section 36.03(B), seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.11. PURCHASE AWARD/MANSFIELD OIL COMPANY: Motion to Approve utilization of Mansfield Oil Company via Florida State Contract No. 405-000- 01-1, for the purchase of fuel in an amount not to exceed $1,500,000.00 per year. Funding is available from 501-3311-591-52-51 (Garage Fund: Operating Supplies/City Garage (CG) Inventory -Fuel). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contracts". Victor Majtenyi presented this item to the Commission. Prior to the vote, Deputy Vice Mayor Jacquet asked if staff is considering any alternatives to cut down on fuel expenses and help save the environment at the same time. Mr. Majtenyi stated the City's Sustainability Officer is looking into the following alternatives: golf carts, electric vehicles, charging stations. Ms. Jarjura stated when looking at adding new Code Enforcement Officers or if the City converts to a parking paid -for system that the City employees rather than getting a vehicle would get electric cars. She stated if the City is going to mandate it to businesses and residents this would be a way the City could lead by example. The City Manager stated the City will look at alternate fuel type or alternate power type vehicles based upon the cost efficiency associated with them and the environmental impacts. Ms. Jarjura moved to approve utilization of Mansfield Oil Company in addition to McMillian for the purchase of fuel up to the cumulative amount of $1.5 million for fiscal year 2014/2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote. At this point, Deputy Vice Mayor Jacquet left the dais and the Commission moved to Item 9.J. 18 05/20/15 9_J. AGREEMENT FOR USE OF ROBERT P. MILLER PARK/SOUTH FLORIDA COLLEGIATE BASEBALL LEAGUE INC.: Motion to Approve an Agreement for use of Robert P. Miller Park with the South Florida Collegiate Baseball League, a 501c(3) not-for-profit organization, in the amount of $1.00 per year, for a one- year (1) term from June 1, 2015 through May 31, 2016; with the option to extend for one (1) consecutive one (1) year period; and delegating authority to the City Manager to issue such consent for extension. Suzanne Davis, Director of Parks and Recreation, presented this item to the Commission. Brief discussion followed between Mayor Glickstein and a representative from the South Florida Collegiate Baseball League. Vice Mayor Petrolia moved to approve an Agreement for the use of Robert P. Miller Park with the South Florida Collegiate Baseball League for a one-year (1) term from June 1, 2015 through May 31, 2016; with the option to extend for one (1) consecutive one (1) year period, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote. 9.I. RESOLUTION NO. 31-15/BEST INTEREST RESOLUTION — ELEV8 SPORTS INSTITUTE INC./FIELD MAINTENANCE OF POMPEY PARK: Motion to Approve Resolution No. 31-15 approving the renewal of Contract #2013-16 with Elev8 Sports Institute Inc. for Pompey Park Baseball Field Maintenance; declaring by a four-fifths affirmative vote that the City's "Sealed Competitive Method", or "Written Quotations Procurement Method" for the purchase is not in the Best Interest of the City. Funding is available from 001-4131-572-34.90 (General Fund: Parks and Recreation/Parks Maintenance/Other Contractual Service). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(11), "Best Interest Acquisitions". The caption of Resolution No. 31-15 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE RENEWAL OF CONTRACT #2013-16 WITH ELEV8 SPORTS INSTITUTE INC. FOR POMPEY PARK BASEBALL FIELD MAINTENANCE; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. 19 05/20/15 (The official copy of Resolution No. 31-15 is on file in the City Clerk's office.) Suzanne Davis, Director of Parks and Recreation, presented this item to the Commission. Ms. Jarjura moved to approve Resolution 31-15 for ELEV8 to maintain Pompey Park Baseball Field Maintenance through January 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes. Said motion passed with a 4 to 0 vote. 9.K. RETROACTIVE AGREEMENT RENEWAL WITH XEROX GOVERNMENT SYSTEMS, LLC./FIREHOUSE SOFTWARE: Motion to Approve a retroactive six-month renewal from April 1, 2015 through September 30, 2015, of the support service agreement with Xerox Government Services, Inc. for Firehouse Software in the amount of $14,522.50. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source". Funding is available from 001-2315-526-46.90 (General Fund: Fire Operations/Ambulance & Rescue Services/Other Repair/Maintenance Costs). Danielle Connor, Fire Chief, presented this item to the Commission. Vice Mayor Petrolia moved to approve the Delray Beach Fire -Rescue Department's request to renew its support service agreement with Firehouse Software for the period of 4/1/2015 through 9/31/2015 (6 Months) at a cost of $14,522.50, seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9.L. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.M. BID AWARD/ GRANICUS, INC. FOR VIDEO/AUDIO STREAMING: Motion to Approve a Bid Award (RFP 2015-27) for video/audio streaming, paperless agenda and civic engagement software to Granicus, Inc., the second lowest bidder, for a one year agreement with an option to renew for two (2) additional one-year periods in the amount of $42,640.00 for the year and $33,840.00 for the renewal periods. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(2), "Requests for Proposals". Holly Vath, Chief Purchasing Officer, presented this item to the Commission. Charles Furment, Technical Multimedia Specialist/IT Department, came forward and gave a few brief comments. Brief discussion between Holly Vath, Commissioner Jarjura and Mayor Glickstein followed. 20 05/20/15 Ms. Jarjura moved to approve an award for video/audio streaming, paperless agenda and civic engagement software to Granicus, Inc. for a one year agreement with an option to renew for two additional one year periods in the amount of $42,640 for the first year and $33,840 for the renewal periods, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.N. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY BOARD: Nomination for appointment of one (1) regular member to serve on the Delray Beach Housing Authority Board to serve an unexpired term ending July 14, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Katz (Seat #3). Mayor Glickstein stated due to Commissioner Katz's absence and given that this meeting was postponed, that he would have two (2) meetings to make his selection. Mayor Glickstein moved to approve to defer this item to the next regular meeting of June 2, 2015 giving Commissioner Katz his first opportunity for a nomination, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 0 vote. 9.0. RETENTION OF SPECIAL COUNSEL FOR ATLANTIC CROSSING PROJECT: Motion to approve the City Attorney's recommendation to retain Ms. Debbie Orshefsky as special counsel in connection with the proposed Atlantic Crossing project. The City Attorney briefly discussed of what happened since last Tuesday through tonight. The City Attorney stated this was a non -agenda item that occurred during a Workshop, he understand the consensus to say that this City Commission was looking for a pre-eminent land use lawyer, large project experience, drafting expertise with development agreements; not a government attorney that's duplicative of the City Attorney's office and that there was an urgency of time in completing this task. The City Attorney stated during the next few days he received additional feedback from Commission; some Commissioners wanted confirmation that there would be a list; some Commissioners wanted to know that there would be some direction with City Attorney preference, and some Commissioners directed him to add a specific firm. The City Attorney stated Debbie Orshefsky had a conflict and dropped out on Monday. Brief discussion by the Commission followed. Mayor Glickstein moved to approve to retain Steve Rubin (Real Estate Lawyer) as Special Counsel to work collaboratively with the City Attorney on the Developer Agreement for the Atlantic Crossing project; and, if there is some other type 21 05/20/15 of document that is memorializing what they are trying to affect here, then Mr. Rubin can be used for that as well, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to vote. 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 12.A. City Manager 1. County Deed Transferring Lake Ida Property The City Manager stated he has a meeting this Friday with County staff to try to finalize this item and if the deed is acceptable with the City Commission then he will proceed. The City Attorney stated this is not the first deed sent from the County; the first deed he found far too restrictive so he sent a redline markup to the County and the County incorporated many of his changes but not all of his changes. The City Attorney stated the County agreed to was he expanded the City's potential uses of the property to include Passive Park, accessory structures, the temporary docking, and the pedestrian pathways. The City Attorney asked the County to remove the automatic reverter and instead put in a writ of reverter so it provides some opportunity for discussion rather than to have the trigger as an operation of law but they rejected that comment. Commissioner Jarjura commented about Mr. Bradenburg's comments to allow the City to have an easement while his client develops his high-end lakefront residential home for the offer of $250,000.00. Commissioner Jarjura stated she does not support that and the City Commission has already expressed they do not support developing that property. The City Attorney stated before the City closes on the property to get a survey, title policy, and do some basic due diligence before taking title. Deputy Vice Mayor Jacquet stated one of things he spoke about to the gentleman who approached him about this particular transfer of property was the use of it in the future and Deputy Vice Mayor Jacquet stated he supports the County's rejection of the reverter clause because he would not want discussions and if the City decides to develop it the County should take it back. Deputy Vice Mayor Jacquet stated the only reason he has supported this is because this is to be preserved to be natural. 12.B. City Attorney The City Attorney stated he informed Mr. Warner that the City expects to close next week with Iberiabank and he has a draft closing statement. 22 05/20/15 12.C. City Commission 12.C.1. Commissioner Jariura Commissioner Jarjura stated part of Delray Beach's character is the ecliptic architecture and designs. In addition to preserve mass and scale in the city, Commissioner Jarjura suggested that we also preserve incentives to property owners to preserve the architectural design. Commissioner Jarjura stated Caffe Martier and the fresh produce block, the improved the aesthetics but kept the character and she feels it is important for the city to encourage that so that we do not lose the architectural features of these buildings both at a commercial standpoint and residential standpoint. Commissioner Jarjura suggested that staff look into amending the Code to have administrative approval and review for when property owners are looking at preserving the original building's design and basic fagade changes that do not change material and keep with the architecture integrity. She asked for the consensus of the Commission for expedited permitting through administrative review or incentives. The City Manager stated this will be one of the first things that will be assigned to the new Planning and Zoning Director. Commissioner Jarjura encouraged staff to reach out to the property owner or the developer of that in looking at keeping the 710 house and moving it to the front and doing the new construction behind it so that the front of Swinton stays the same. Commissioner Jarjura stated she is happy to meet with him and asked staff to set this up. Commissioner Jarjura stated in many cities staff sits in the Commission Chambers and some of issues that this Commission often has is that the message is not trickling down to who needs to know about it. For example, Commissioner Jarjura stated the sidewalk issue that was discussed earlier today; she noted that the Commission has stated multiple times that they want to prioritize certain streets and areas of the city where there are safety concerns with children, parks, and schools. Commissioner Jarjura suggested that if the Department Heads were all present in the Commission Chambers at the Commission meetings then it would maybe produce better results. Commissioner Jarjura stated if there is a vote taken or a consensus taken she requests (even if the Commission is divided) that staff, the City Manager, and the City Attorney follow the direction of the majority or the consensus of the City Commission. Deputy Vice Mayor Jacquet stated individual direction is different from Commission direction. Deputy Vice Mayor Jacquet if states he wants to see something but if he does not look over to ask for consensus, then he feels it is the City Manager's job or City Attorney's job to make sure that they get consensus before moving forward with it. 23 05/20/15 Also, Commissioner Jarjura asked her colleagues that once the Commission votes on something or give direction, that they respect one another's decision even if it is different from what the majority has decided on that the Commission not revisit issues but that they can move on to the next order of business. Mayor Glickstein stated at the end of the Workshop meeting the City Manager stated to him that he was not sure what was decided but feels it is the City Manager's responsibility and the City Attorney's responsibility that if there is something that is not clear that they ask the Commission for the clarity. 12.C.2. Vice Mayor Petrolia Vice Mayor Petrolia stated she had a conversation with Mr. Pfeffer earlier today about making sure that each Commission member has the same information when they are making decisions in the Commission Chambers. Secondly, with respect to the systems and procedures the City has in place, Vice Mayor Petrolia stated she believes that the City does have the systems in place but she believes it is the procedures and more of a procedural problem that the City is having. Lastly, Vice Mayor Petrolia stated she has received several telephone calls from the Marina Historic District asking whether live-aboards are permitted at the marina. Vice Mayor Petrolia commented that the price that they are getting is not a normal live -aboard rate but is just a dockage fee and asked that the City Manager look into whether the City's Code states that live-aboards are prohibited. The City Manager stated he will research this matter. 12.C.3. Deputy Vice Mayor Jacquet Deputy Vice Mayor Jacquet stated with the numerous construction projects going on in particular where the SOFA project is located he stated there is a problem with the visibility He stated there are cars parked all over those streets and residents cannot see when pulling out of the side streets. Deputy Vice Mayor Jacquet stated you have pull out to the middle of the road just to be able to see oncoming traffic and suggested that a Police Officer start issuing tickets to those parked cars or that the City have discussion with the developers to make sure they have a place to park. Deputy Vice Mayor Jacquet stated something needs to be done because it is affecting the quality of life in that neighborhood. Mayor Glickstein stated the developer is bringing the fence out on a 45 degree angle; they are not following the City's requirements of a clear angle. He stated if they did this then it would push the parking back in each direction. The City Manager stated the City has to maintain the sidelines on the corners just for public safety factors because that is a requirement. 24 05/20/15 Deputy Vice Mayor Jacquet stated he had the opportunity to attend Atlantic High School's Graduation and it was awesome. Deputy Vice Mayor Jacquet stated he had the opportunity to attend Career Day at Orchard View Elementary School and it was phenomenal. In addition, he stated he attended Career Day today at Village Academy which was also phenomenal. Deputy Vice Mayor Jacquet stated tomorrow he will be attending Daughter of Zion School for their graduation. 12.C.4. Mayor Glickstein Mayor Glickstein stated with respect to the City Manager's memo regarding the solar belly's (solar powered trash compactor) and if possible the City would like to purchase a minimum of twenty-five (25) cans. The City Manager stated at this point in time there is still some internal debate regarding those. Secondly, Mayor Glickstein requested that when staff comes forward that they introduce themselves and state their position/title. With respect to the trees on US -1 in the actual medians, Mayor Glickstein stated he would like the City Horticulturist to look at the quality control issue in particular some of the sabal palms there is a very curved tree right next to a straight tree and it looks sloppy. Mayor Glickstein stated there are places where they have purposely curved the tree away from overhead lines and those are staked accordingly. However, he stated there is a haphazard way that they have planted some of these sabal palms. In addition, Mayor Glickstein requested that the City Horticulturist look at the specification on southbound Federal Highway towards Publix further south where they have planted a variety of palms where there is only six (6) inches or a foot of clear trunk. Mayor Glickstein stated he would like a thorough analysis completed to ensure that the City is getting the quality that the Commission specified, etc. Lastly, Mayor Glickstein stated with respect to Delray Place on Federal Highway and Linton Boulevard, aesthetically there is a retaining wall at the corner and they spent a lot of money on the detailing on the actual architecture but in front that is a very cheap pressure treated dowse that they have driven into the ground to retain the earth in front of the actual structural feature. He expressed concern about whether or not it is going to be covered by landscaping. However, Mayor Glickstein stated he would like staff to look into this as to whether or not that should have been something architectural or if someone just decided that this is an easy way to finish this corner off because in his opinion it does not look attractive now. Mayor Glickstein stated also related to the property there is a lot of landscaping material in that corner that appears to be jumbled together. He stated when this project was approved there was a lot of concern about the parking and with the number of restaurants that are being introduced to this, he would like staff to stay on top of this before the season starts because the developer was required to report back to the City Commission about the uses. Mayor Glickstein stated when they were representing the project they were representing that 25 05/20/15 many of those outparcels would be non -restaurant (i.e. retail) and he requested an update. The Commission agreed that there was a condition of approval and a look back to determine whether or not there was enough space at a certain point. There being no further business, Mayor Glickstein declared the meeting adjourned at 9:25 p.m. ATTEST: MAYOR Acting City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 20, 2015, which Minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 26 05/20/15 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 SIDEWALKD R STRUCTiON REQUIREMENTS FOR 962 BOLEN DRIVE 1 This request for relief from sidewalk construction requirements came before the City Commission on May 19, 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 962 Bolender Drive. All of the evidence is a part of the record in this case. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be on constructed ch they prior to the In issuance of a certificate of occupancy for the property p situations where it is inappropriate to install walk requirements. wl ent with development, the applicant may obtain relief from sidewalk cons Should the relief from the sidewalk construction requirements of 6.1.3(0) for 962 Bolender Drive be granted? Yes 4 No— 0 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 sidswalk construction requirements, relief may be granted by only one of the following fo 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 City Commission Regular Meeting 05/20/2015 Item 9.A. 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 wavier 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 $4200.00 may be paid in lieu of installing 105 linear feet of sidewalk in the right of way adjacent to 962 Bolender Drive. The fee shall be due upon issuance of a building permit Should an in -lieu sidewalk installation fee of $4200.00 for 962 Bolender Drive be charged to the applicant? Yes 4 No 0 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 Flan. 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 2 City Commission Regular Meeting 05/20/2015 Item 9.A. in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves V denies the request for relief from the sidewalk construction requirements for 952 Bolender Drive and hereby adopts this Order this 20th day of May, 2015, by a vote of 4 in favor and _ Q_ opposed /ATTEST: f,A Chevelle Nubi , City lerk �i 1 C D. Glickstein, Mayor City Commission Regular Meeting 05/20/2015 Item 9.A. 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 3021 JASMINE COURT 1. This request for relief from sidewalk construction requirements came before the City Commission on May 20, 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 3021 Jasmine Court. All of the evidence is a part of the record in this case. 1. 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 3021 Jasmine Court be granted? Yes 4 No—O 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) 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 City Commission Regular Meeting 05/20/2015, Item 9.13. 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 wavier 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 $3800.00 may be paid in lieu of installing 95 linear feet of sidewalk in the right of way adjacent to 3021 Jasmine Court. The fee shall be due upon issuance of a building permit Should an in -lieu sidewalk installation fee of $3800.00 for 3021 Jasmine Court be charged to the applicant? Yes 4 No 0 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 City Commission Regular Meeting 05/20/2015, Item 9.13. in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves ✓ denies the request for relief from the sidewalk construction requirements for 21 Grove Way and hereby adopts this Order this 20th day of May, 2015, by a vote of 4 in favor and 0� opposed. ATTEST- Chevelle N in, CiVy Clerk Glickstein, Mayor 3 City Commission Regular Meeting 05/20/2015, Item 9.13. City of Delray Beach 100 NW 1 st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com �n Minutes - Draft Tuesday, February 2, 2016 6:00 PM Delray Beach City Hall City Commission City Commission Minutes - Draft February 2, 2016 1. ROLL CALL A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, February 2, 2016. Roll call showed: Present: Vice -Mayor Shelly Petrolia Commissioner Mitchell Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent: Deputy Vice Mayor Jacquet Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney, and Chevelle D. Nubin, City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: 4. PRESENTATIONS: 4.A 16-126 RESOLUTION NO. 07-16 TOBY RUBIN 30 YEARS OF SERVICE Mayor Glickstein read Mr. Rubin's resolution into the record and presented the resolution to him. Chief Goldman gave comments regarding Mr. Rubin. Mr. Rubin gave brief comments. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Resolution be adopted. The motion carried by the following vote: Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: City of Deiray Beach Page 1 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 5.A City Manager's response to prior public comments and inquiries 5.13 From The Public Mr. Donald B. Cooper, City Manager, commented regarding the broken light pole issue. Public Comments: 1. Cindi Freeburn spoke regarding Ordinance No. 3-16. 2. Carolyn Simmons spoke regarding the raising of the Marina rates. 3. Richard Simmons spoke regarding the Marina rates. 4. Pauline Moody stated she would like to have the garbage picked up and spoke regarding the Garlic Fest, special events, roads and bus routes. 5. Sharon L'Herrou thanked the City Commission for the proclamation and gave comments regarding 2-1-1 Awareness Week. 6. Karen Granger, Delray Beach Chamber of Commerce Executive Director, spoke regarding their 90th year in Delray Beach and provided statistics and highlights regarding the Delray Beach Chamber of Commerce. She thanked Mayor Glickstein and Commissioner Katz for participating in the Dunk Tank and discussed the amount raised from the Dunk Tank which goes to back to Delray Beach for education programs. Ms. Granger also thanked Vice Mayor Petrolia for attending the "Brain Matters" event regarding Alzheimer's. 7. Jim Chard spoke regarding the Institute for Regional Conservation (IRC) that is now on Linton Boulevard. 8. James Quillien spoke regarding improving alleyways and features in the neighborhoods. He provided a picture to the City Commission. 9. Ken Ropp spoke regarding the same alleyway as the previous speaker. 10. Ari Whiteman stated last week he attended the Community Redevelopment Agency (CRA) meeting and spoke regarding the Arts Garage agreement. 11. Kurt Grimmsgard spoke regarding the Marina rates. 12. Tom Geimrich spoke regarding the Marina rate increase and asked the City Commission to reconsider the rate increase. City of Delray Beach Paye 2 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 13. Siegfried Horn spoke regarding the Marina rate increase and stated he is there on a seasonal basis. He inquired about the adjustment of rates. 14. Don Henderson read a statement into the record regarding the Marina rates. 15. Randolph Dallai spoke regarding the Marina rates and stated the rates are suddenly very high. 16. Michael Moscowitz, representing Ashbritt, spoke regarding Item 8.A.4. and stated they support the City Manager's recommendation and is present for questions. 17. Ray ? spoke regarding the Marina rates and the thirty day notice. 18. Victor Kirson spoke regarding the Highland Beach contract and stated he cannot find the figures in the agenda backup. He also commented regarding the Marina rates. 6. AGENDA APPROVAL No staff requested agenda changes. A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that the Agenda be approved as amended. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 7. CONSENT AGENDA: City Manager Recommends Approval A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that the Consent Agenda be approved. The motion carried by the following vote: Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 7.A. 16-117 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) WITH MBR CONSTRUCTION, INC. FOR THE FIRE RESCUE HEADQUARTERS PLAZA This Change Order was approved. 7.113 16-123 ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR 615 ENFIELD ROAD City of Deiray Beach Page 3 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 This Request was approved. 7.0 16-083 LANDSCAPE MAINTENANCE AGREEMENT FOR THE METROPOLITAN. This Request was approved. 7.D 16-037 SERVICE AUTHORIZATION NO. 12-12 WITH WANTMAN GROUP, INC. FOR THE VETERANS PARK, MARINE WAY, AND THE CITY MARINA SEAWALL, BULKHEAD AND PUBLIC DOCK STRUCTURAL INVESTIGATION AND ANALYSIS. This Request was approved. PROCLAMATIONS: 7.E 16-150 PROCLAMATION FOR 211 AWARENESS WEEK FEBRUARY 11 - 17, 2016 7.F 16-134 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS 7.G AWARD OF BIDS AND CONTRACTS: 7.G.1 None 8. REGULAR AGENDA: 8.A.1 15-145 INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR CAPITAL PROJECTS - FY 2015-2016 This Request was approved. 8.A.2 15-345 FIRST AMENDMENT TO THE THE INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR FY 2014-2015 This Request was approved. 8.A.3 16-014 LEASE AWARD TO CLUB CAR FOR USED GOLF CARTS City of Deiray Beach Page 4 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 8.A.4 8.A.5 8.A.6 This Request was approved. 16-155 FIRST AMENDMENT DEBRIS REMOVAL CONTRACT PROJECT #2012-078 (ASHBRITT CONTRACT) (REVISED COVER MEMO 1/29/2016). This Request was approved. 16-132 SERVICE AUTHORIZATION NO. 12-19 WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE DESIGN OF SIDEWALK IMPROVEMENTS WITHIN THE COMMUNITY REDEVELOPMENT AREA BOUNDARIES This Request was approved. 16-031 APPROVE SERVICE AUTHORIZATION NO. 12-08 WITH CALVIN GIORDANO AND ASSOCIATES, INC. OSCEOLA NEIGHBORHOOD IMPROVEMENTS FY2015 - 2016 This Request was approved. 8.A.7 16-148 BID AWARD FOR IT EQUIPMENT TO MULTIPLE VENDORS (BID 2016-050) 8.A.8 8.A.9 This Item was approved. 16-137 BID AWARD NO. 2016-032 TO SHENANDOAH GENERAL CONSTRUCTION COMPANY FOR THE CLEANING OF LAKE WORTH DRAINAGE DISTRICT CULVERT L-33 LOCATED AT ATLANTIC HIGH SCHOOL This Item was approved. 16-089 RENEWAL OF CONTINUING CONTRACTS FOR ARCHITECTURAL SERVICES WITH MULTIPLE VENDORS FOR DESIGN SERVICES FOR PROJECTS INCLUDED IN THE APPROVED FIVE YEAR CAPITAL IMPROVEMENTS PLAN Mr. John Morgan, Environmental Services Director, presented this item. Vice Mayor Petrolia spoke regarding the costs and stated they did not receive a list of fees. A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Jarjura, that this Item be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet City of Deiray Beach Page 5 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 8.A.10 16-093 SERVICE AUTHORIZATION NO. 12-03.2 WITH CALVIN, GIORDANO AND ASSOCIATES, INC. FOR ADDITIONAL SERVICES RELATED TO THE NE 3RD STREET STREETSCAPE PROJECT. (PROJECT NO. 11-024) Vice Mayor Petrolia discussed her reasons for pulling this item to the Regular Agenda. Jeff Costello, CRA Executive Director, discussed the streetscape improvements. Vice Mayor Petrolia asked about the design. Commissioner Jarjura asked about the costs. Mayor Glickstein stated he is not supportive of improvements to Artists Alley in that they benefit a private developer. Discussion ensued regarding taxpayer money being utilized for private property. This item was approved with the exception of streetscaping adjacent to Artist Alley. A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Jarjura, to approve Service Authorization No. 12-03.2 with Calvin, Giordano and Associates, Inc. in the amount not to exceed $25,421.03 for additional professional design services related to the NE 3rd Street Streetscape Project (Project No. 11-024); with the exception of the streetscaping adjacent to artists alley. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 8.A.11 16-070 STREET LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) FOR THE NE 3RD STREET STREETSCAPE PROJECT Commissioner Katz asked why certain items need to be moved. Mr. Jeff Costello discussed the fixtures and stated this completes the Pineapple Neighborhood Plan. A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Jarjura, that this Request be approved. The motion carried by the following vote: Yes: 3 - Mayor Glickstein, Vice -Mayor Petrolia, and Commissioner Jarjura City of Deiray Beach Page 6 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 No: 1 - Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 8.6 16-118 INTERLOCAL AGREEMENT WITH THE TOWN OF HIGHLAND BEACH Fire Rescue Chief Danielle Connor presented this item. She stated Highland Beach has already agreed to the agreement. Mr. Noel Pfeffer, City Attorney, spoke regarding indemnification and how the agreements are typically handled. Mr. Jack Warner, Chief Financial Officer, spoke regarding the current agreement that is in place and stated he did not like the agreement. He stated the proposed agreement fixes the money issues and referenced the rates. Commissioner Jarjura spoke regarding the agreement and referenced the equipment. She stated there are a few areas of the contract where she had concerns on whether the city is recouping its costs. She gave recommendations for recouping the city's costs. Vice Mayor Petrolia stated she cannot support this agreement and provided reasons. She discussed the administrative costs. She commented regarding the term of the agreement being ten (10) years. She stated the city needs to have an "out" clause and an administrative fee of twenty five percent (25%). Commissioner Katz referenced level of service changes and asked if this has been configured in the proposed contract. He stated there is a bill in the legislature right now that will affect municipalities in the future regarding fire fighters obtaining cancer. He asked how this will affect the city. City Manager Cooper spoke regarding full cost methodology. Discussion ensued regarding administrative costs and overhead. Commissioner Katz stated he cannot support the contract without some sort of cost premium. Mayor Glickstein inquired as to why the contract is for a ten (10) year term. Chief Connor stated the term length was tied to the lease. Mayor Glickstein stated the city should have the right to assign the contract. He referenced pension costs and asked if there is a way the city would be City of Delray Beach Page 7 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 8.0 8.D 8.E 1 C 1 Go -10 1 F7 10- 1 77 able to recapture pension costs. Discussion continued regarding actuaries and unfunded liabilities. Mayor Glickstein stated he would like to see more clear crisp language in a broad sense regarding "clawback" which includes recapturing of pension costs in terms of unfunded liabilities. Discussion ensued regarding whether or not the city benefits from the agreement. The City Attorney discussed what he listed as a result of City Commission comments regarding this item. A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Jarjura, that this Request be approved as stated by the City Attorney. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet PURCHASE AWARD TO TEN -8 FIRE EQUIPMENT INC. FOR ONE (1) 75 FOOT FIRE LADDER TRUCK FOR FIRE STATION #6 A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Item be deferred. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet PURCHASE AWARD TO HALL -MARK FIRE APPARATUS FOR A RESCUE TRANSPORT VEHICLE FOR FIRE STATION #6 A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Item be deferred. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet BID AWARD TO FOSTER MARINE CONTRACTORS, INC. FOR THE NE 2ND AVENUE / SEACREST BOULEVARD BEAUTIFICATION PROJECT Mr. John Morgan presented this item. Vice Mayor Petrolia discussed the bid process. Commissioner Katz concurred with comments expressed by Vice Mayor Petrolia. City of Deiray Beach Page 8 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 Mr. Cooper discussed FDOT requirements. A motion was made by Commissioner Katz, seconded by Commissioner Jarjura, that this Item be approved. The motion carried by the following vote: Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 8.F 16-092 RESOLUTION NO. 04-16 AUTHORIZING THE LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NE 2ND AVENUE / SEACREST BOULEVARD BEAUTIFICATION PROJECT Mr. Morgan presented this item. A motion was made by Commissioner Jarjura, seconded by Vice -Mayor Petrolia, that this Resolution be approved. The motion carried by the following vote: Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 9. PUBLIC HEARINGS: 9.A None 10. FIRST READINGS: 10.A 16-094 ORDINANCE NO. 03-16, REZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR THE PROPERTY LOCATED AT 2455 OLD DIXIE HIGHWAY (FIRST READING) The City Attorney read the caption of the ordinance. Mr. Mark McDonnell presented this item and stated staff recommends approval. Commissioner Jarjura stated she is in support of the rezoning and expressed her initial concerns. She discussed when Exhilaride was first looking for a location and the zoning district they were placed in and asked that staff look at this for future industry. Commissioner Katz stated he is in support and does not feel a condition should be placed on the owner. He asked that the city look at this for businesses. City of Deiray Beach Page 9 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 Vice Mayor Petrolia stated she is in agreement with her colleagues regarding this ordinance. She stated staff should be looking at this regarding businesses. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Ordinance be approved. The motion carried by the following vote: Yes: 4- Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 10.113 16-124 ORDINANCE NO. 07-16 RESTRICTING THE RETAIL SALES OF CATS AND DOGS (SECOND READING) 10.0 16-125 ORDINANCE NO. 06-16 AMENDING THE CITY'S POLICE AND FIREFIGHTERS RETIREMENT SYSTEM PENSION (FIRST READING) The City Attorney read the caption of the ordinance and presented this item. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Ordinance be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Commissioner Jarjura, and Commissioner Katz Absent: 1 - Deputy Vice Mayor Jacquet 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney None. He will prepare a memo to board and staff regarding sunshine law. He stated the quasi judicial rules are cumbersome and can be streamlined. He stated he will also address how elected officials do disclosures. Mr. Pfeffer provided an update regarding the closing of Auburn Trace. C. City Commission Commissioner Katz commented regarding the Arts Garage and what he stated to Mr. Cooper. He conveyed what his thoughts were for clarification. He spoke regarding a letter from a person who is interested in purchasing city property and stated the parcel is near him. He stated the person has not heard back from the City Manager. He asked what needs to be done to City of Deiray Beach Page 10 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 start the process. Discussion ensued regarding an offer that has been made. Commissioner Katz stated this should be a priority. He asked about a shade meeting for Atlantic Crossing. The City Attorney asked for a shade meeting and stated it will be scheduled within the next couple of weeks. Commissioner Katz discussed Commission direction regarding outside counsel regarding the Tennis Center. Commissioner Jarjura spoke regarding code and electric fencing. Vice Mayor Petrolia discussed what just ocurred at the meeting and stated that any Commissioner should be able to speak without feeling attacked. Vice Mayor Petrolia stated regarding the ZIKA mosquito born epidemic that is out now; she feels the city can do something about it. She stated she knows it is not here right now but that it is spreading and she stated she feels there are some simple things we can do as a city such as asking people to empty standing water from around their homes. Vice Mayor Petrolia suggested that maybe the city can see if there are boy scout troops to go throughout neighborhoods to do this; it would be a great project just to be preventive and she also suggested a pamphlet to hand out i.e. standing water She spoke regarding the Fire Rescue Headquarters Plaza and stated it is a great space. Vice Mayor Petrolia commented about a pledge that was made to For Knowledge and Power and stated that the pledge should be kept. She stated she wants to make sure that this will move forward. Vice Mayor Petrolia discussed vehicles that are parked on Dixie Highway and asked that Code Enforcement check on this and referenced City Lofts and the display cases and stated this was not the original purpose of the display cases. She stated she received two copies of public records requests regarding parking tickets and suggested a way to change the dynamic and stated that the person could be charged fifty dollars. She thanked the City Attorney for the Auburn Trace update. She concurred with Mr. Katz that they are getting information from the outside. Vice Mayor Petrolia commented regarding railroad tracks and marina rates. She suggested ways for the monies to be used from the rates. Commissioner Katz commented regarding the thirty day notice for the rates. Vice Mayor Petrolia asked if the city is still accumulating the interest. City of Delray Beach Paye 11 Printed on 4/9/2016 City Commission Minutes - Draft February 2, 2016 Commissioner Katz discussed the direction regarding utilizing outside counsel again for the tennis contract. Mayor Glickstein stated the City is recognized as a Healthy Weight Community Champion by the Surgeon General. He stated attended the Lakeview HOA meeting with Isaac Kovner. He stated there were comments made regarding drainage issues asked that someone follow up with them. He referenced the sustainability officer position. He stated this is the Commission's policy decision. Vice Mayor Petrolia discussed flooding in Lake Ida. She stated there was no standing water. Mayor Glickstein asked about the notice regarding the marina rates. Assistant City Manager David Scott spoke regarding the thirty day notice. The City Manager stated a ninety day notice should be sufficient. He commented regarding lease expiration. It was consensus of the Commission that the notice is ninety days minimum or when the lease expires. Commissioner Jarjura spoke regarding Ellie's Diner and asked the City Manager to discussed this. The City Manager referenced code issues and stated they will be dealt with administratively. Mayor Glickstein adjourned the meeting at 9:33 p.m. City of Deiray Beach Page 12 Printed on 4/9/2016 City of Delray Beach 100 NW 1 st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com �n Minutes - Draft Tuesday, March 8, 2016 6:00 PM WORKSHOP MEETING Delray Beach City Hall City Commission City Commission Minutes - Draft March 8, 2016 Roll Call Present: 5 - Mayor Cary Glickstein, Vice -Mayor Shelly Petrolia, Deputy Vice Mayor Al Jacquet, Commissioner Jordana Jarjura, and Commissioner Mitchell Katz Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney, and Chevelle D. Nubin, City Clerk. PRESENTATIONS: WS1 16-226 PRESENTATION OF CONGRESS AVENUE TASK FORCE REPORT AND RECOMMENDATIONS Ms. Joan Goodrich, Economic Development Director, introduced this item, the Congress Avenue Task Force members and provided an overview of the Task Force. Vice Mayor Petrolia acknowledged Palm Beach County Commissioner Paulette Burdick who was in the audience. Mr. Anuj Grover conducted a presentation regarding Congress Avenue. Ms. Christina Morrison continued with the presentation highlighting the new vision for Congress Avenue. Ms. Shirl Fields discussed the resident's point of view; referenced Abbey Delray and stated she is particularly interested in aesthetics. Mr. Grover discussed the Task Force's thirteen (13) Recommendations: Immediate, Short -Term, Mid -Term and Long -Term. Ms. Joan Goodrich discussed the next steps and stated their collective opinion in terms of the City Commission's objectives. Commissioner Katz thanked the Task Force members for the time and effort they have put into this. He stated it is important that the City Commission accepts the recommendations and act upon them. He referenced public/private partnerships, trolleys, a transportation hub and access. Commissioner Jarjura thanked the Task Force and stated they have exceeded expectations and commented regarding the quality and level of detail in the report. She discussed development and stated what goes there can transform the city's tax base. She stated there are three things that are really important: eco-district/positioning, dedicated impact fee (master plan and code, ground floor uses), two largest sites (possible option for corporate headquarters or higher learning facility). She stated the City of Delray Beach Page 1 Printed on 4/9/2016 City Commission Minutes - Draft March 8, 2016 City Commission has to move on the recommendations rather quickly. Vice Mayor Petrolia stated she is thrilled with the report and the Task Force is to be commended. She stated there has to be ways to do this over time and stated there is enough in the report for the city to get started. She stated the city should take the hanging fruit and move forward with it. She commented regarding the transit systems. She stated the city has to figure out how to make that road a complete street and discussed beautifying the area. She commented regarding branding: eco district, the "Core" and stated it has to be its own place because people are coming there for different reasons. She referenced the catalysts for change: two large areas and concurred with previous comments made by Commissioner Jarjura. Vice Mayor Petrolia commented regarding incentives and urban planning. Deputy Vice Mayor Jacquet stated he would love to see a higher learning institution. He discussed approaches regarding mobility. He stated the Task Force has done an excellent job defining the vision for the area (Congress Avenue). He stated the city should start thinking about what events are being held downtown that can be held along the Congress corridor. He referenced travel lanes. Mayor Glickstein commented regarding the recommendations and next steps. He stated he would like to see some of the mid term goals in front of the short term goals. He commented regarding the two largest sites: Office Depot and the County building. He stated there has to be some very progressive thinking on how to change that facility. Mayor Glickstein challenged everyone to be creative on what to do and referenced dedicated funding sources. He stated he supports the Task Force report. He stated he fully embraces expedited permitting. He stated this is the time to make this happen. Mayor Glickstein stated the next steps would be to synthesize what has been stated here and come back with a timeline. He commended Ms. Goodrich for taking this on. Commissioner Jarjura asked that Ms. Goodrich help with crafting the Request for Proposal (RFP) for this. Ms. Goodrich stated she will work with Mr. Tim Stillings, Director of Planning and Zoning, on the RFP. Vice Mayor Petrolia asked that Ms. Goodrich look into what would be required regarding a CRA for this purpose and asked that a traffic study be conducted. Commissioner Katz asked that research be done regarding funding: whether it should it be a CRA or a bond for this. City of Delray Beach Page 2 Printed on 4/9/2016 City Commission Minutes - Draft March 8, 2016 Commissioner Jarjura asked if Mr. Cooper is interfacing with the county regarding a P3. Mr. Donald B. Cooper, City Manager, stated this has been done on a very preliminary basis. Further discussion ensued regarding a landscape buffer. Deputy Vice Mayor Jacquet acknowledged and thanked Mr. Bill Nix who was in the audience. WS2 16-273 PROPOSED NEW SPECIAL EVENTS ORDINANCE AND POLICY Ms. Francine Ramaglia, Assistant City Manager/Support Services, introduced this item, provided an overview and discussed why they are here tonight, overall goals and recent progress. Ms. Karen Granger, Delray Beach Chamber of Commerce Executive Director, spoke regarding working together, changes and shifts that were completed by Delray Beach Marketing Cooperative (DBMC), Downtown Development Authority (DDA), Delray Beach Chamber, Old School Square (OSS). She stated the biggest "win" was all of the collaboration in this process. In addition, Ms. Granger highlighted a community calendar and access to the same. Ms. Suzanne Fischer, Director of Parks & Recreation, discussed internal repositioning. Mr. Steve Hynes, Director of Emergency Management, discussed emergency management regarding special events. Mr. Mark Stivers, AICP, Principal Planner, discussed new ordinances that will pertain to special events. He provided the proposed special events definition. He discussed the purpose of the new policy that will guide how the city does and manages special events. Mr. Stivers highlighted certain portions of the new policy. He also referenced types of events, proposed approval levels and the proposed application process. Mr. Stivers stated communication is important. In addition, he stated all pertinent staff will be involved and the responsibilities as well as the process will be clear. Mr. Jack Warner, Chief Financial Officer, discussed special events and how certain time spent by employees has not been previously been captured. He stated the reporting system has been enhanced and will have further enhancements. He explained the fees, charges and full costs. Mr. Warner stated the costs that are charged to event producers will likely increase. He highlighted the benefits of working with the Director of Emergency Management and the National Incident Management System (NIMS) framework. City of Deiray Beach Page 3 Printed on 4/9/2016 City Commission Minutes - Draft March 8, 2016 Mr. Rob Steele, Executive Director of Old School Square, stated this was an incredible process. He discussed policy implementation transition. He stated he wanted the City Commission to be aware that all of the partners in the process are committed to improving the special events process for Delray Beach. He asked the City Commission to approve having a community calendar. Mr. Steele stated he is keenly interested in protecting the perimeter of Old School Square as a park. He referenced branding and cost recovery. Ms. Francine Ramaglia discussed the strategic recommendations. She referenced a Special Events Office to be funded in the FY 2017 budget process. She discussed campus management for OSS, restructuring and clarification of the agreement with the DBMC, setting the city brand regarding the types of events that the city wants and the development of key measures and a performance rating system. Ms. Ramaglia highlighted policy recommendations, operations recommendations and next steps. Deputy Vice Mayor Jacquet stated this has been an issue that the City Commission has discussed several times. Vice Mayor Petrolia stated the people in the town have already stated enough is enough regarding special events. She stated she is not sure that the city is meeting the goals that were originally intended. She referenced the doubling of fees. She stated she is not sure that staff has really heard what the City Commission has said and stated she does not know if a Special Events office is needed if the city is going to scale back on events. Vice Mayor Petrolia stated some of the shifts and changes that have taken place have been good but stated for certain events she would like to know where they have been moved to. She stated the city is still dealing with a very intense, major downtown and stated certain events should be moved. She discussed the setting of standards and reiterated what the people in the town have stated they want. Vice Mayor Petrolia referenced the agenda backup information that was provided to the City Commission. She stated this needs more work and she will not support moving forward with this. Ms. Ramaglia provided clarification regarding events. Commissioner Jarjura stated she concurs with certain comments made by Vice Mayor Petrolia. She stated the primary goal is public safety at these events and stated the city has to evaluate whether the events are being good neighbors to residents. She discussed how booths are set up, traffic and having a set of rules and how to follow the process. Commissioner Jarjura stated currently the city has numerous events because there are no regulations are in place. She referenced costs, barriers to entry, vetting and City of Delray Beach Page 4 Printed on 4/9/2016 City Commission Minutes - Draft March 8, 2016 size of events. Ms. Ramaglia discussed certain sections of the code. Commissioner Jarjura stated a special events office should be fully self-sustaining and should not come out of budgetary costs. She referenced the brand, community calendar, spacing the events out properly and decreasing the number of events. She asked about the makeup of the Special Events Technical Advisory Committee and regulations regarding special events. She stated once the procedures and processes are in place it will go a long way in weeding out some of these events. Vice Mayor Petrolia asked about the community calendar. Commissioner Katz thanked Ms. Ramaglia, Ms. Fisher, Ms. Goodrich and the group for leading the charge. He stated he agrees with alot of the statements made by Commissioner Jarjura and Vice Mayor Petrolia. He discussed what he felt was accomplished in this process and commented regarding procedures. He discussed the number of events and stated the events should be made better and not necessarily held in the same place. He referenced event costs and sponsorships. He stated staff has to figure out a balance to make restaurants and retail businesses happy. He referenced incentives regarding events. Commissioner Katz mentioned public safety and emergency management. He stated the city should be able to do events and do them safely and well. He stated there are things that can be put into infrastructure regarding safety. Mayor Glickstein stated he appreciates all of the work that staff and stakeholders put into this. He asked if people from the community were involved in the group. He mentioned public safety, full cost recovery and quality versus quantity. He stated the work product is very productive and will make the process more credible and transparent but it does not distinguish between events or whether they should held. He stated the product ignores whether the residents and businesses want the events. He stated he does not want to be the arbiter of what event is right or not. He asked the fundamental question of who are the events for: the residents or tourists. Mayor Glickstein commented regarding the scale of events and public safety. He reiterated that the work product is good and he likes where this is going. He discussed the twenty-four (24) month moratorium regarding new events. He asked what the assumption is pertaining to the moratorium. Mayor Glickstein stated he received more positive feedback regarding hometown events. Vice Mayor Petrolia commented regarding cars driving on the Old School Square property and events being held on the OSS grounds. City of Delray Beach Page 5 Printed on 4/9/2016 City Commission Minutes - Draft March 8, 2016 Commissioner Katz referenced events being held on certain grounds. He further commented about events and community support. Discussion continued regarding events. COMMISSION COMMENTS Commissioner Jarjura mentioned the Arts Garage and an event that is being held. She also commented regarding a traffic light that is being installed and stated the city should have a master infrastructure plan. Regarding the Marina, she stated she wants to know how quickly staff is going through the wait list to see what the interest is. Commissioner Jarjura commented regarding the Sarasota area and stated the planning is very inspirational. She congratulated Marisa Gottesman on her engagement. Commissioner Katz stated he was moving this weekend and discussed technology and what he was able to do online. He commented that he still had to come into the city for his water. He mentioned the Spady Festival and thanked the Spady Museum for that event. He stated Mt. Zion Church held a community forum last week and alot of people came out for the event. He thanked the Police Chief and the Police Department staff for the support that they give to the community. He referenced the event put together by staff at Catherine Strong Park. Vice Mayor Petrolia had no comments. Deputy Vice Mayor Jacquet had no comments. Mayor Glickstein thanked Senator Sachs, Senator Clemons, Representative Powell and Representative Hager regarding funding. He referenced the letter from Anne Gannon regarding the Police Department. Mayor Glickstein stated he hopes the stakeholders present does not take what they heard tonight harshly regarding what the residents are feeling. Mayor Glickstein adjourned the meeting at 9:32 p.m. City of Delray Beach Page 6 Printed on 4/9/2016 SPECIAL MEETING MARCH 29, 2016 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 5:00 p.m., on Tuesday, March 29, 2016. Roll call showed: Present- Vice Mayor Shelly Petrolia Deputy Vice Mayor Alson Jacquet Commissioner Mitchell Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent - None Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Edwards CDS, LLC v. City of Delray Beach, Florida, Case No. 502015CA007155XXXXMB AE. Attendees: Mayor Cary D. Glickstein Vice Mayor Shelly Petrolia Deputy Vice -Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz City Manager Donald B. Cooper City Attorney Noel Pfeffer Jamie Alan Cole, Special Counsel Matthew Mandel, Special Counsel A certified court reporter Purpose: Discuss settlement strategy related to the above case. Mayor Glickstein gave a brief overview regarding the Closed Attorney/Client Session. He explained that the meeting would include the list of attendees as outlined above. The session would last about sixty (60) minutes. All Attendees met in the First Floor Conference Room for the Closed Door Attorney/Client Session. Mayor Glickstein reconvened the Special Meeting at 6:22 p.m. and stated the Closed Session is terminated. Mayor Glickstein adjourned the Special Meeting at 6:22 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, March 29, 2016, which Minutes were formally approved and adopted by the City Commission on Aril 19, 2016. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. March 29, 2016 SPECIAL MEETING MARCH 29, 2016 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:24 p.m., on Tuesday, March 29, 2016. Roll call showed: Present- Vice -Mayor Shelly Petrolia Deputy Vice Mayor Alson Jacquet Commissioner Adam Frankel Commissioner Jordana Jarjura Mayor Cary Glickstein Absent - None Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. MUNICIPAL ELECTION RESULTS/RESOLUTION NO. 11-16: Motion to Accept the returns, and declare the results of the March 15, 2016 Special Election (Referendum) and approve Resolution No. 11-16. City Clerk Chevelle D. Nubin read the results of March 15, 2016 Special (Referendum) Election. Vice Mayor Petrolia moved to accept the results and approve Resolution No. 11-16, seconded by Commissioner Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Commissioner Katz — Yes; Commissioner Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mayor Glickstein adjourned the Special Meeting at 6:27 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, March 29, 2016, which Minutes were formally approved and adopted by the City Commission on April 19, 2016. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 2 March 29, 2016 MARCH 29, 2016 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order/Roll Call. The annual Organizational Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:28 p.m. on Tuesday, March 29, 2016. Roll call showed: Vice Mayor Shelly Petrolia Deputy Vice Mayor Alson Jacquet Commissioner Mitchell Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent: None Also present were: Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk (2) Pledge of Allegiance to the Flag The Pledge of Allegiance was recited by the Commission and the public. (3) Selection of Vice -Mayor (for the term March 30, 2016 through March 28, 2017) Vice Mayor Petrolia moved to appoint Deputy Vice Mayor Jacquet as Vice -Mayor of the City of Delray Beach for the term March 30, 2016 through March 28, 2017, seconded by Commissioner Katz. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Commissioner Katz — Yes; Commissioner Jarjura— Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion approved with a 5 to 0 vote. (4) Selection of Deputy Vice -Mayor (for the term March 30, 2016 through March 28, 2017) Deputy Vice Mayor Jacquet moved to appoint Commissioner Jarjura as Deputy Vice -Mayor of the City of Delray Beach for the term March 30, 2016 through March 28, 2017, seconded by Commissioner Jarjura. Upon roll call, the Commission voted as follows: Commissioner Katz — Yes; Commissioner Jarjura— Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 5 to 0 vote. (5) Review and Acceptance of regularly scheduled City Commission Meeting dates for the period April 2015 through March 2016 It was consensus of the Commission to hold the Regular Commission Meetings in July on July 5, 2016 and July 12, 2016 and the Regular Commission Meetings in August on August 16, 2016 and August 23, 2016; with no workshop meetings in July or August. The workshop meetings in October and November will be held on October 13, 2016 and November 9, 2016, respectively. The Regular City Commission Meetings in January 2017 will be held on January 10, 2017 and January 24, 2017; the January workshop meeting will be held on January 17, 2017. Regarding March 2017, the Annual Organizational Meeting and 2 Regular meeting will be held on March 28, 2017. Vice Mayor Petrolia moved to approve the Commission Meeting dates as amended, seconded by Commissioner Jarjura. Upon roll call the Commission voted as follows: Commissioner Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Commissioner Katz — Yes. Said motion passed with a 5 to 0 vote. (6) Review and Adoption of Rules of Procedure — Delray Beach City Commission (Local Rules) There was discussion of language changes regarding workshops, no City Commission meetings to be held on any election dates and clarification of time limits for public comment at workshops. Commissioner Jarjura moved to adopt the Rules of Procedure as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Commissioner Katz— Yes; Commissioner Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. (7) Review and Adoption of Procedures for Quasi — Judicial Hearings Mayor Glickstein asked if the rules had been streamlined. The City Attorney stated they are working on the rules. Deputy Vice Mayor Jacquet moved to adopt the procedures for Quasi-judicial Hearings, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Commissioner Katz— Yes; Commissioner Jarjura — Yes. Said motion passed with a 5 to 0 vote. 2 Annual Organizational Meeting March 29, 2016 (8) Commission Comments. Commissioner Katz inquired about "owner built pools" and this not being allowed in the city. He asked the City Manager review this matter. Commissioner Jarjura had no comments. Vice Mayor Petrolia asked about the assignment of contracts. The City Attorney discussed conditions of assignments and assignment clauses. Deputy Vice Mayor Jacquet spoke about Davis Road adjacent to Atlantic Community High School. He stated there have been a number of issues; some of the students are jumping fences, etc. He asked that the City Manager look into this and perhaps speak with Chief Goldman and the high school regarding an officer possibly being assigned to this area. Mayor Glickstein had no comments. There being no further business, the meeting was adjourned at 6:58 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Annual Organizational Meeting of the City Commission held on March 29, 2016, which minutes were formally approved and adopted by the City Commission on April 19, 2016. City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above. 3 Annual Organizational Meeting March 29, 2016 City of Delray Beach 100 NW 1 st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com �n Minutes - Draft Tuesday, April 12, 2016 5:00 PM Workshop Meeting/ Joint Session with the CRA Delray Beach City Hall City Commission Mayor Cary Glickstein Commissioner Shelly Petrolia Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz City Commission Minutes - Draft April 12, 2016 1 16-389 A Joint Session/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the First Floor Conference Room at City Hall at 5:00 p.m., on Tuesday, April 12, 2016. Roll call showed: Present- Commissioner Shelly Petrolia Vice -Mayor Alson Jacquet Commissioner Mitch Katz Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- None Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Joint Session/Workshop meeting to order and announced that it had been called for the purpose of considering the following Items: 1. Joint Session with the Community Redevelopment Agency (CRA): The topics of discussion for the Joint Session were: -Draft List of Potential FY 16/17 Projects and Budget /Amendment -Potential Additional CRA Funding items in FY 2016-17 for City Projects/Programs -Status funding discussions Mr. Jeff Costello, Executive Director of the Community Redevelopment Agency (CRA), Thuy Shutt, Assistant Director of the CRA and board members: Mr. Reginald Cox (CRA Chair), Ms. Cathy Balestriere (CRA Vice -Chair), Mr. Bill Branning, Mr. Daniel Rose, Mr. Joseph Bernadel and Mr. Herman Stevens were present. Mayor Glickstein provided opening remarks concerning fungability and neighborhood plans and congratulated the CRA on its Annual Report. Mr. Donald B. Cooper, City Manager, highlighted some of the items listed in the "Status of Discussions with the CRA" memo. He discussed the City of Delray Beach Page 1 Printed on 4/1312016 City Commission Minutes - Draft April 12, 2016 current focus and commented that there may be some transitional issues. Mr. Costello stated the items as presented in the memo is a beginning point. Discussion ensued between the City Commission and Community Redevelopment Agency regarding implementation of neighborhood plans, priority lists, timing of projects listed in the Capital Improvement Program (CIP), the Clean and Safe area and associated costs. There was also discussion and questions regarding financing for the completion of neighborhoods in terms of the alleys and sidewalks. There was direction provided to both CRA and City Staff to continue to streamline the projects and move them forward. Mayor Glickstein adjourned the Joint Session portion of the Meeting at 6:25 p.m. 2. PRESENTATIONS: Fire Rescue Chief Danielle Connor introduced the new Fire Rescue Chief, Neal De Jesus, who gave brief comments. Mayor Glickstein provided comments. Mr. Cooper stated Ms. Theresa Webb, the city's new Chief Purchasing Officer, started today. 2.A 16-366 POLICE DEPARTMENT LEVEL OF SERVICE PRESENTATION Police Chief Jeffrey Goldman presented the Level of Service Plan for the Police Department and conducted a Power highlighting statistics, services and functions. Mayor Glickstein thanked Chief Goldman for the presentation. Vice Mayor Jacquet thanked Chief Goldman for his presentation and commented regarding the body cameras. He also spoke regarding the operations of the Police Department and community policing. He spoke regarding hiring persons who reflect the community; and stated he would love to see more of this in city departments. Vice Mayor Jacquet commended Chief Goldman on the Criminal Justice Academy held at Atlantic Community High School (ACRS). Further discussion continued regarding the front desk. Commissioner Katz asked about the position for the city's special population and commented regarding providing assistance to help people. He referenced expanding the Clean and Safe area. He thanked Chief City of Delray Beach Page 2 Printed on 4/1312016 City Commission Minutes - Draft April 12, 2016 Goldman and stated the Police Department does a great job. Mayor Glickstein asked about 911 calls and data. He asked how many incident reports are completed in a year. He stated he finds the Chiefs budgetary request fair and reasonable. Mayor Glickstein also commented regarding diversity and getting a message out regarding community policing. Deputy Vice Mayor Jarjura stated one of the essential functions of local government is public safety. She stated she supports the Police Department request for the police having a stronger presence to deal with the city's unique issues. She also commented regarding diversity, the Criminal Justice Institute at ACHS and recommended the institution of an internship program to operate the front desk at the Police Department. 2.113 16-394 EMERGENCY MANAGEMENT LEVEL OF SERVICE At this point, Commissioner Petrolia left the dais. Mr. Steve Hynes, Director of Emergency Management, discussed the Level of Service Plan for emergency management and conducted a presentation. He stated the focus is on emergency preparedness and the utilization of free resources to get the community and staff trained and prepared. He commented regarding city disaster response plans. Mr. Hynes discussed a five year strategic plan and the beginning stages of a plan regarding a multi -use facility to serve the city's needs. Vice Mayor Jacquet commented regarding west of Congress and a safe place to go to in the event of disaster. Deputy Vice Mayor Jarjura stated Mr. Hynes has done a great job of creating what the city did not previously have. She asked about the CERT and employee training programs. Mr. Cooper stated ultimately Emergency Management will be a division under the City Manager's office. Commissioner Katz asked about the cameras downtown. Mayor Glickstein commended Mr. Hynes on the accomplishments that he has made for FY 1516. Mr. Cooper stated emergency management will be an ongoing every year effort. He commented regarding a dual use facility out west. Mayor Glickstein commented regarding the CERT program and stated it is City of Delray Beach Page 3 Printed on 4/1312016 City Commission Minutes - Draft April 12, 2016 a great way to leverage knowledge and ability to increase outreach. 2.0 16-367 FIRE DEPARTMENT LEVEL OF SERVICE PRESENTATION Fire -Rescue Chief Danielle Connor presented the Level of Service plan for the Fire -Rescue Department. She stated the Fire Department's role has changed across the years. She spoke regarding changing demographics of the department. She discussed three LOS goals regarding staffing, adding Rescue Supervisors to Rescue Apparatus and adding a second Training Captain to the Training Division. Deputy Vice Mayor Jarjura asked about an Emergency Operations Center in the west area of the city and stated she concurs with Mayor Glickstein and Vice Mayor Jacquet regarding a multi -use facility. She thanked Chief Connor for the presentation. Commissioner Katz asked for an update regarding the site. He commented regarding the SWOT analysis and the cost listed. Chief Connor explained transporting and response times. Deputy Vice Mayor Jarjura commented about perception and statistics. Mayor Glickstein asked about staff hours and overtime expenditures related to special events. Discussion continued regarding cost savings. Mayor Glickstein stated he appreciates how Chief Connor has presented the LOS plan in terms of what is upcoming. He commented regarding the new Chief and what Chief Connor has gone through over the last three years. He thanked Chief Connor for how she has managed the department over the years. He stated he supports the LOS plan for the Fire rescue department and the City Commission is fully aligned with the importance of public safety and all of the departments that impacts. 2.D 16-376 FINANCE DEPARTMENT LEVEL OF SERVICE PRESENTATION Jack Warner, Chief Financial Officer, introduced Mr. Jeff Snyder, Assistant Chief Financial Officer, who discussed the Level of Service plan for the Finance Department. Mr. Snyder highlighted the goals of the department and stated they are modernizing processes. Mayor Glickstein asked about the departmental weaknesses in terms of manual processes, etc. as represented in the plan. City of Deiray Beach Page 4 Printed on 411312016 City Commission Minutes - Draft April 12, 2016 Ms. Gwendolyn Spencer, Chief Information Technology Officer, spoke regarding automated system changes and IT projects. She stated the timeline is 15-18 months regarding the ERP implementation, integration and training. Commissioner Katz asked if this is a hardware and software upgrade. Ms. Spencer stated the entire system will be new. Mayor Glickstein stated he appreciates the work that has been accomplished in the Finance department. Commissioner Katz thanked Mr. Snyder for the report. 2.E 16-383 CITY CLERK DEPARTMENT LEVEL OF SERVICE Chevelle D. Nubin, City Clerk, presented the Level of Service plan for the City Clerk Department. Ms. Nubin highlighted four pertinent goals for the department regarding minutes transcription, records management, public records and readily available information pertaining to the City Commission meetings and public records being placed on the city's website. Discussion ensued regarding public records requests and records management as well as the cemetery administration. The City Commission thanked Ms. Nubin for the presentation. 3 City Commission Comments Deputy Vice Mayor Jarjura stated what was edifying tonight was knowing what Mr. Cooper has taken on regarding the departments since he has been here and thanked him. She spoke regarding the departments and the needs. She commended the departments who presented tonight. She stated we need to reward and encourage the departments that are performing. Commissioner Katz spoke regarding the morale increasing since he has been elected. He stated he had the honor of presenting an award to Mrs. Kris Buzen, who is a city employee, for the cub scouts and commented on employees who participated in the Dunk Tank for the Delray Affair. He commended employees who give alot back to the community and participate in events outside of their positions. He thanked the employees. Vice Mayor Jacquet stated the Joint Session with the CRA was a great. He stated he is very proud of our Police Department and the Chief is doing a great job. He thanked Deputy Vice Mayor Jarjura for the suggestion to City of Delray Beach Page 5 Printed on 4/1312016 City Commission Minutes - Draft April 12, 2016 implement a program regarding the utilization of students for the Police Department's front desk. He stated he would like to see our internship program to continue to grow. He congratulated and welcomed the new Fire Chief to the City of Delray Beach. Mayor Glickstein spoke regarding the Joint Session with the CRA and stated he feels they have turned the corner and the City and the CRA are working together and can accomplish great things. He stated both boards are fully aligned with that. He commended Mr. Cooper for addressing how to help with the city's fiscal needs. He stated it was impresssive to see the department heads who presented tonight who were so articulate, knowledgeable and succinct and their passion was palpable. Mayor Glickstein stated this is how we move things forward. He asked if the City Commission will see other departmental presentations. Mr. Cooper stated other departments will present and stated the focus is on Level of Service per the City Commission's direction. Mayor Glickstein adjourned the meeting at 9:29 p.m. City of Delray Beach Page 6 Printed on 4/1312016 APRIL 21, 2015 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 21, 2015. 1. Roll call showed: Present- Vice Mayor Shelly Petrolia Deputy Vice Mayor Alson Jacquet Commissioner Mitch Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent - None Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Anthony Cusco. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mayor Glickstein thanked his colleagues, City staff, and the public for their sympathy and support with respect to the loss of his father and stated it meant a lot to him and his family. At this point, Mayor Glickstein stated on December 17, 2014 Officer Rodner Guillaume who responded to a child neglect call regarding a concern that there was no food in the home. Officer Guillaume provided the family with food and returned to the residence to provide the family with Christmas gifts. On behalf of the City Commission, Mayor Glickstein thanked Officer Guillaume for his outstanding actions and professionalism. 4. APPROVAL OF MINUTES: Vice Mayor Petrolia moved to approve the minutes of the Workshop Meeting of April 14, 2015, seconded by Mr. Katz. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 04/21/15 5. PRESENTATIONS: S.A. Recognizing and commending Charles Landford Hanna Mayor Glickstein read a proclamation hereby recognizing and commending Charles Landford Hanna. Marie Hanna came forward to accept the proclamation and gave a few brief comments. S.B. Spotlight on Education — Morikami Park Elementary School The Morikami Park Elementary School Sunshine Chorus (led by Mrs. Michelle King) came forward and sang a song for the Commission. Mrs. Stacey Quinones, Principal of Morikami Park Elementary School, gave a brief presentation on her goals and accomplishments for Morikami Park Elementary School. At this point, the Commission moved to Comments and Inquiries on Agenda and Non -Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to previous comments concerning the Lake Ida property, the City Manager stated staff met with Palm Beach County Commissioners at which time they approved the sale of the Lake Ida piece to the City of Delray Beach to be completed within a 60-90 day period. Secondly, with regard to Ms. Moody's concern about the incident at the Caring Kitchen, the City Manager stated a report was delivered to the City Commission and the Caring Kitchen item is on the Agenda tonight. With regard to Ms. Byron's concerns about parking on Nassau Street, the City Manager stated this issue will be addressed at the City Commission Workshop meeting in May 2015. With regard to Mr. Klein's concern about the Barwick Road pedestrian openings, the City Manager stated there is a change order on the Consent Agenda tonight in the amount of $5,300.00. In response to All Aboard Florida, the City Manager stated he has a meeting with representatives from All Aboard Florida and once he has that meeting he will report back to the Commission as to its results. With regard to previous concerns raised by citizens concerning the condition of Atlantic Avenue, more specifically the cleanliness of the sidewalks, the City 2 04/21/15 Manager stated staff is presently seeking quotations to power wash the entire sidewalk which has not been cleaned for several years and once that is done the City will put it on a regular rotation. In response to public comments from the April 18, 2015 Workshop meeting, the City Manager stated use of Community Service Officers to move traffic was addressed by the Chief of Police and is not recommended; however, improved signage on Atlantic Avenue will be discussed as part of the parking plan. The City Manager stated the issue of no commercial traffic after 11:30 a.m. has not been examined and he expects that would create a significant hardship to a number of businesses in the Central Business District (CBD) and likely to create substantial opposition. 6.B. From the Public. 6.B.1. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33483, stated about three (3) weeks ago he spoke about the change in what people could speak on and that they could speak on agenda items. Mr. Blum stated he had mentioned about the Mayor at the time came on board and one of the Commissioners came on board and you think then everything went right in line and everything was changed. However, Mr. Blum stated a lot of homework went into making that decision. Mr. Blum stated staff polled almost forty (40) municipalities in South Florida and around the state to see what they did and what their viewpoints were on that issue to make sure they were doing the right thing. Mr. Blum recognized and commended Chevelle Nubin, City Clerk for checking all forty (40) municipalities, did the homework, made up a chart, and spent a lot of time finding out what could be done in South Florida and what Delray could do to better themselves. 6.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), thanked Mr. Noel Pfeffer for the outstanding job he did last night at the Planning and Zoning meeting regarding the Atlantic Crossing hearing. Dr. Kirson stated Mr. Pfeffer was professional, factual, and he kept aboard on what they were to decide on. He made reference to previous comments made by Commissioner Jarjura to Louie Chapman and the Mayor's speech on the LDRs. Dr. Kirson stated a while ago he asked for a $1.00 tax per beer and he was informed that only Tallahassee could do that and last week he asked for a tourist tax and it seems that metropolitan areas cannot do that. Dr. Kirson stated Commissioner Jarjura went over joint efforts by economic incentives available outside of taxing authorities. Dr. Kirson stated with the 1,000 units going up with the Atlantic Crossing project he suggested that developer for Atlantic Crossing Project Mr. Carl DeSantis in conjunction with the City help pay for the cost of four (4) police officers and traffic control. 6.B.3. Bob Ganger, Florida Coalition, echoed comments expressed by Dr. Kirson regarding the City Attorney's statement last night at the Planning and Zoning Board meeting regarding Atlantic Crossing. In his opinion, Mr. Ganger stated the 3 04/21/15 Planning and Zoning Board meeting was not a productive meeting and he expressed concern that the citizens do not believe that the developer is living up to his commitments particularly with the traffic situation. Mr. Ganger expressed concern that two Commissioners (none of whom are sitting on the dais now) indicated in public that they had not read the traffic study as part of the appeal for losing the road and not having an ingress or egress into the garage. Mr. Ganger stated he is very concerned with how a road got taken away (Atlantic Court) and no one can explain how that happened. He stated the developer, the citizens, and the City has to come together and make this work for everyone. 6.B.4. Patrick Halliday, 1071 Delray Lakes Drive, Delray Beach, FL 33444 (speaking on behalf of HPD), thanked the City Commission and everyone for all their hard work and stated he attended a Palm Beach County Commission meeting this morning and spoke on behalf of Lake Ida. Mr. Halliday stated it was a wonderful experience to see that although the County would make money on selling the property (i.e. taxes and purchase price) that they listened to the citizens and felt that moving towards saving the green space and giving back to the community was most important. Mr. Halliday stated he looks forward to coming up with a program to name the park. 6.B.5. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, thanked the City for the power washing of the Atlantic Avenue sidewalks and stated the proration of the parking is popular. Secondly, Mr. Humanik stated with respect to the discussion of Atlantic Crossing at the Planning and Zoning Board meeting and commended the Vice Chair Chris Davey for voting "no". Mr. Humanik stated 200 people were present at the Planning and Zoning Board meeting at 10:00 p.m. and 90% were not happy with not having a street. 6.B.6. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 (Chairman of S.A.F.E.), stated it is time for closure for the Atlantic Crossings project and feels it has dragged on much too long. Mr. Smith stated the developer has been working on this for 5-6 years and have reached out to every neighborhood and noted that Palm Tran is getting the street closed; the historic district is getting traffic calming; the City is receiving $500,000 to redo the Lake Ida park; $150,000 or more for a trolley; $250,000 for a traffic signal; and a right turn lane. Mr. Smith stated there are no problems with the Atlantic Crossing site except the ingress/egress from Federal Highway to their parking lot and back. He stated that street will function just the way that it used to function to get people in and to get people out. 6.B.7. Pauline Moody, 609 S.W. 811 Avenue, Delray Beach, FL 33444, stated she submitted the Police report for the last incident at the Caring Kitchen and entered the "No Contact Order". Secondly, Ms. Moody commented about the Atlantic Crossing project and stated that there is no money in the budget for the maintenance upkeep in the downtown 4 04/21/15 area. She asked why the City is allowing developers to build projects yet there is no money for the maintenance upkeep once these projects are built. Ms. Moody stated the City cannot keep building downtown because there are not adequate roads to get to what is being built. She urged the Commission to place a moratorium on all this development. 6.B.8. Ron Nobili, 159 Marine Way, Boat Slip #15, Delray Beach, FL 33444, extended his condolences to Mayor Glickstein on the passing of his father and read a brief statement into the record. 6.A. None 7. AGENDA APPROVAL. The City Manager stated Item 8.C., Resolution 19-15/Local Agency Program (LAP) Supplemental Agreement with Florida Department of Transportation (FDOT)/Fedeal Highway Beautification Proiect which refers to $70,940.00; however, in the backup memo page 1, paragraph 4 has $70,490.00. Secondly, the City Attorney requested that the Commission defer Item W.A., Ordinance No. 10-15 Second Reading of the Police ordinance; prior to the adoption of that ordinance, the City must have and file the actuarial impact statement with the Division of Retirement that was ordered in early April. The City Attorney stated it has not become available as of this date, therefore, he requests that the Commission defer this to a subsequent meeting until they obtain that written report. Ms. Jarjura requested that Item S.A., Final Subdivision Plat/150 Oceanside be moved to the Regular Agenda as Item 9.A.A. and Item 8.H., Contract Extension/Beck's Towing & Recovery, Inc., be moved to the Regular Agenda as Item 9.B.B. Ms. Jarjura moved to approve the Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/DELRAY MODERN, LLC: Motion to Accept right-of-way deeds for five (5) feet of right-of-way dedication for the property located at 318-320 N.E. 7ffi Avenue and 326-330 N.E. 7ffi Avenue. 8.C. RESOLUTION NO. 19-15/LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Motion to Approve Resolution No. 19-15, authorizing the increase in 5 04/21/15 funding for the Local Agency Program (LAP) Agreement with the State of Florida Department of Transportation (FDOT) via a supplemental agreement to provide additional funding in the amount of $70,940.00 for the department's participation in extension of a bike lane along Northbound Federal Highway and additional traffic related to Federal Highway Beautification Project (P/N 2009-011). The caption of Resolution No. 19-15 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO INCREASE FUNDING FOR THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION VIA A SUPPLEMENTAL AGREEMENT TO PROVIDE ADDITIONAL FUNDING IN THE AMOUNT OF $70,940.00 FOR THE DEPARTMENT'S PARTICIPATION IN EXTENSION OF A BIKE LANE ALONG NORTHBOUND US 1 AND ADDITIONAL TRAFFIC SIGNS WITHIN IN THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 19-15 is on file in the City Clerk's office.) 8.D. SIDEWALK IN -LIEU FEE/712 N.E. 3" STREET: Motion to Approve a request from the property owner of 712 N.E. 3rd Street to pay a fee in -lieu of sidewalk installation. 8.E. CHANGE ORDER NO. 1/ SOUTHEAST GUARDRAIL AND ATTENUATORS (SGA)/BARWICK ROAD GUARDRAIL: Motion to Approve Change Order No. 1 to Southeast Guardrail and Attenuators in the amount of $5,300.00 via a contract from Palm Beach County (Project No. 2014-051) for the installation of two (2) additional openings in the Barwick Road Guardrail. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), "Change Orders, Beyond the Scope of Work". Funding is available from 334-3162-541-65.36 (General Construction Fund: Capital Outlay/ Barwick Road). 8.F. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) ARBOR TREE & LAND, INC.: Motion to Approve Contract Closeout (Change Order No. 1/Final) in the amount of $31,836.95 decrease and final payment in the amount of $4,565.40 to Arbor Tree & Land, Inc. (Bid No. 2014-21) for completion of the Drainage Swales FY13 Project No. 13-043. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(2), "Change Orders; Within the Scope of Work". 6 04/21/15 8.G. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) B & B UNDERGROUND CONTRACTORS, INC.: Motion to Approve Contract Closeout (Change Order No. I/Final) in the amount of $727,866.00 decrease and final payment in the amount of $32,204.62 to B&B Underground Contractors, Inc. (Bid No. 2014-17) for completion of the Delray Shores Water Main Project No. 13-028. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(2), "Change Orders; Within the Scope of Work". 8.11. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.11.11. 8.I. MUTUAL AID AGREEMENT/MULTI-AGENCY TRANSPORTATION THEFT TASK FORCE: Motion to Approve a Mutual Aid Agreement between the Florida Department of Law Enforcement, Delray Beach Police Department and multiple agencies throughout Broward, Miami -Dade, and Palm Beach Counties to combat racketeering activity, theft and related criminal violations. 8.J. PROCLAMATIONS: 1. Florida Water Professionals Month — April 2015 2. Administrative Professionals Week — April 19 — 25, 2015 3. Municipal Clerks Week —May 3-9, 2015 4. National Day of Prayer — May 7, 2015 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Motion to Accept the actions and decisions made by the Land Development Boards for the period March 30, 2015 through April 10, 2015. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Motion to Approve a Bid Award to Image Janitorial Services, Inc. (Bid No. 2015-13) in the amount of $32,640.00 for janitorial services at the Municipal Golf Course. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 445-4711-572- 34.90 (Delray Beach Municipal Golf Course: Other Contractual Service). Ms. Jarjura moved to approve the Consent Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote. 7 04/21/15 9. REGULAR AGENDA: 9.A.A. FINAL SUBDIVISION PLAT/150 OCEANSIDE: Motion to Approve the certification of a final subdivision plat for 150 Oceanside, a proposed 6 -unit townhouse development, located at the southwest corner of Thomas Street and Andrews Avenue. Ms. Jarjura stated for a final subdivision plat and the quasi-judicial rules to be waived and for it to be placed on the Consent Agenda that staff needs an affirmative statement from the applicant concurring with the staff report. Richard Jones, speaking on behalf of the applicant, stated the applicant concurs with any conditions in the staff report with regard to the plat. The City Attorney stated the Commission can approve subject to receipt of a signed statement being delivered to the planner. Ms. Jarjura moved to approve the Final Subdivision Plat for 150 Oceanside, subject to a receipt of a signed statement from the applicant being delivered to the planner, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote. 9.B.B. CONTRACT EXTENSIONBECK'S TOWING & RECOVERY, INC.: Motion to Approve a six-month contract extension with Beck's Towing & Recovery, Inc. for wrecker/towing services for the Police Department. Funding is available from account 001-2115-521-52.23 (General Fund: Police/Law Enforcement/Operating Supplies/Investigative Expenses). Ms. Jarjura asked what the projected fiscal year budget will be for fiscal year 2014/2015 with this ninety (90) day extension. Kristina Maricic, Administrative Officer/Police Department, stated according to what the Police Department has currently spent for the six (6) months in the current fiscal year, she can only estimate that there will not be an increase that will put it over $25,000. Ms. Maricic stated staff is working on the new RFP for the wrecker/towing services and they will not know which vendor will bid on that. Vice Mayor Petrolia commented that this was originally extended for three (3) months and now staff is requesting to extend this for an additional six (6) months. Vice Mayor Petrolia inquired about the delay and asked why the City would need an additional six (6) months to get an RFP out for a towing contract. Ms. Maricic stated the delay was because of the turnover in staff and because they wanted to include everyone in the city that is using the towing services. The City Manager stated he believes this timeframe can be shortened; however, he believes they have asked for six (6) months in an abundance of caution. 8 04/21/15 Deputy Vice Mayor Jacquet moved to approve a six (6) month contract award extension to Beck's Towing & Recovery, Inc., seconded by Mr. Katz. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — No; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — No; Mayor Glickstein — Yes. Said motion passed with a 3 to 2 vote, Vice Mayor Petrolia and Ms. Jarjura dissenting. 9.A. CONSIDERATION OF AN APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB) DECISION/ THE CARING KITCHEN: Consider an appeal of a decision of the Site Plan Review and Appearance Board's approval of the Class III site plan modification for The Caring Kitchen located at 196 N.W. 8ffi Avenue. (Quasi -Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into the record for this item and all subsequent Quasi -Judicial items. Chevelle Nubin, City Clerk, swore in those individuals who wished to give testimony on this item and all subsequent Quasi -Judicial items. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Katz stated he has the same ex parte communications he disclosed previously when the Caring Kitchen was before the City Commission for discussion and he spoke to the applicant as well as the appellant. Ms. Jarjura stated she has the same ex parte communications she disclosed previously when the Caring Kitchen was before the City Commission and she also spoke to Reggie Cox, Jocelyn Patrick, City staff, and she received an email from the Caring Kitchen this week. Mayor Glickstein stated he has the same ex parte communications he disclosed previously when the Caring Kitchen was before the City Commission for discussion, and he received a few emails from the Caring Kitchen and Mr. Reggie Cox. Vice Mayor Petrolia stated she has the same ex parte communications she disclosed when the Caring Kitchen was previously before the City Commission in addition to Mr. Reggie Cox. Deputy Vice Mayor Jacquet stated he has the same ex parte communications he disclosed previously when the Caring Kitchen was before the City Commission for discussion. Mark McDonnell, Assistant Planning Director, entered the Planning and Zoning Department project file #2014-215 into the record. Mr. McDonnell presented this item to the Commission. Mayor Glickstein stated if anyone from the public would like to give testimony on this item, to come forward at this time. The following individuals from the public gave a few brief comments: Marie Washington, Deborah Wright, Shirley Johnson, Pame Williams, Reggie Cox, Chuck Ridley, Ruth McGuerrier, Pauline Moody, and Maxine Dupont. There being no one else from the public who wished to give testimony on this item, the public comment was closed. 9 04/21/15 Juanita Bryant, Director of the Caring Kitchen, stated they are going to withdraw the application because they want to work with the task force to come up with a resolution. After lengthy discussion, Mayor Glickstein stated he supports the idea of a task force moving forward so that when the facility study is ready or when there is some preliminary information, they can see about relocating the Caring Kitchen. Mayor Glickstein stated by everyone working together, they can help to find a solution for the relocation of the Caring Kitchen where it is further removed from the impacts that it has on families, children, schools, and people who are in single-family home communities that move there with a an expectation of quiet enjoyment of their neighborhoods. No action taken; the applicant withdrew their application because they would like to work with the task force to come to a resolution. At this point, Ms. Jarjura complimented the City Manager and staff on his memorandum and staff report. 9.B. TEMPORARY USE PERMIT AND WAIVER FOR A MODULAR KITCHEN/ HARBOUR'S EDGE: Consider approval of a request for waiver to Land Development Regulations Section (LDR) 2.4.6(F), "Procedures for Obtaining Permits and Approvals", and a temporary use permit to allow a modular kitchen during building renovations for Harbour's Edge located at 401 East Linton Boulevard. (Quasi -Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2015-124 into the record and gave a brief presentation. The site plan was reviewed by SPRAB staff recommends approval subject to the conditions listed in the staff report. Richard Jones, Applicant, gave a brief presentation. Todd Anthony, 401 East Linton Boulevard, Delray Beach, FL (Architect), speaking on behalf of their client Lifespace Communities, Inc. and Harbours Edge, stated the temporary kitchen trailer is for the residents of both the north and south tower (independent living residence) which will be on site approximately 6-8 months and is completely enclosed and not visible from any of the public right-of-ways. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of this item, to come forward at this time. There being no one from the public who wished to address the Commission, the public comment was closed. There was no cross-examination or rebuttal. 10 04/21/15 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Katz moved to adopt Board Order, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.C. CONDITIONAL USE REQUESTS FOR HEIGHT AND DENSITY AND ONE BEDROOM UNIT MIX WAIVER FOR THE METROPOLITAN AND WAIVER REQUEST: Consider approval of a conditional use request to allow an increase in density in excess of thirty (30) units per acre (51.67 units per acre proposed) and to allow the building height to exceed 48 feet (57' proposed); and a waiver request to Land Development Regulations (LDR) Section 4.7.9(i), "General Provisions", to allow an increase in the percentage of one-bedroom units from the maximum allowed 30% to up to 50% for The Metropolitan, a proposed mixed-use development located at the northeast corner of S.E. 3rd Avenue and S.E. 1St Street. (Quasi-Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Katz stated he met with the applicant and his representatives. Ms. Jarjura stated she had a conference call with the applicant and his representatives and staff. Ms. Jarjura noted anything else is on the City's server. Mayor Glickstein stated he received an email from the applicant's attorney. Vice Mayor Petrolia stated she met with the applicant and their representatives. Deputy Vice Mayor Jacquet stated he met with the applicant and his representative's attorney. Mark McDonnell, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2014-250 into the record. For the record, Mr. McDonnell stated this development application was submitted prior to this Commission's establishment of "zoning in progress" that was in place while the new development regulations were being processed for the Central Business District (CBD). Therefore, Mr. McDonnell stated this proposal was reviewed in accordance with the regulations that were in place at that time. Mr. McDonnell gave a brief presentation. Staff recommends approval of height and density and stated with respect to the conditional use for height (condition #l.a.) the applicant may discuss in greater detail how they plan to meet their workforce housing requirement for this development. Richard Jones, Richard Jones Architecture, Applicant, gave a brief presentation and stated they are being reviewed under the applicable LDRs in effect on September 19, 2014. Mr. Jones stated this is the last residential conditional use request for height and density in the downtown core. Mr. Jones stated the conditional use for increased density from thirty (30) units to the acre to 51.6 units to the acre will result in 21 additional "for sale" condo units; the conditional use for height will result in 57 feet tall structure where structures of 48 to 60 feet are considered under the LDRs in affect at the time of this submission. 11 04/21/15 Henry Handler, Weiss, Handler and Cornwell, P.A., 2255 Glades Road, Boca Raton, FL 33431, representing the applicant and for the record the developer preserves its rights under Section 4.7.2.(B) it has a right to build either onsite, offsite, or to make a monetary contribution in -lieu. Mr. Handler stated their suggestion with regard to the mix LDR Section 4.7.9(C) "the developer shall endeavor to provide workforce housing units that include unit types in the same proportion." Mr. Handler stated their proposal to staff was to allocate the five (5) workforce housing (2 would be a two-bedroom; 2 would be a single bedroom and 1 would be one -bedroom with a den) if they elect to construct the workforce on-site that would be the configuration. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of this item, to come forward at this time. The following individuals from the public spoke: Jim Smith, James Quillian, Kevin Warner, Peter DeRosa, Chuck Ridley, Todd Wilson, a business owner, Arie Whiteman, Dr. Victor Kirson, and Kevin Homer. There was no cross-examination. Mr. McDonnell had no rebuttal. Mr. Jones gave a brief rebuttal. Brief discussion by the Commission followed. Mr. Katz stated he likes this project, however, he would like a commitment on record that some of the workforce housing is going to be provided onsite. Vice Mayor Petrolia concurs with comments expressed by Mr. Katz. In her opinion, Vice Mayor Petrolia stated it is not acceptable to allow for additional increases in density if we are not going to be putting the workforce housing where people can afford to live that may not be to otherwise. Vice Mayor Petrolia stated when the Commission was going through the three (3) choices; the option was chosen at the time of the presentation and that is why there was never a discussion prior to this entire situation with SOFA and what is about to happen with Atlantic Crossing. Vice Mayor Petrolia stated she will not approve this unless it is in writing and that in the future she will not support an agreement unless she knows what option is being exercised tonight. Deputy Vice Mayor Jacquet stated this is a beautiful project and supports the density, however, the intent behind the workforce housing rules is to have those individuals who are Police Officers and teachers to live in that area. Deputy Vice Mayor Jacquet stated he does not support to build workforce housing off-site nor does he support a monetary contribution. Deputy Vice Mayor Jacquet expressed concern over the workforce housing and stated he cannot support this if the applicant cannot make this work to have those people living in the project. 12 04/21/15 Ms. Jarjura briefly highlighted some of the design elements and complimented the developer and the architect for their work. Ms. Jarjura asked if the fitness center is private or open to the public. Mr. Jones stated the fitness center will be open to the public through membership. Ms. Jarjura asked under the old code how many studios the applicant would be permitted to do. Mr. Jones stated under the old code it was one -bedroom studios aggregate combined; there was no distinction. Ms. Jarjura stated from a national perspective it is better to have workforce housing units mixed in with regularly priced market units because you want to create mixed income household areas. Ms. Jarjura stated this was something that the Commission was offering to the developers at their option and she stated there is language missing from the Code as to when this requirement should be committed to and is it at the time of conditional use approval or development entitlement approval. With respect to workforce housing, Ms. Jarjura stated that the condo association fees could make or break whether or not someone could live there. Ms. Jarjura stated these are larger policy decisions that the Commission needs to discuss. Mayor Glickstein stated the City is required to add the workforce component if an applicant requested additional height or density. Ms. Jarjura suggested that the Commission also discuss why the City does not require the workforce component for regular site plan approvals because she feels the City is now losing a significant mechanism for the City to provide for mixed income housing opportunities for the CBD. Mayor Glickstein concurs with his colleagues that this project is well thought out. Mayor Glickstein stated coming before the Commission next week is going to be the second part of the LDR work that Treasure Coast was doing that the City is also requiring architectural authenticity. Mayor Glickstein stated he supports the conditional use and asked that Mr. Jones speak with SPRAB. Mayor Glickstein stated SPRAB likes the art deco brand, however, SPRAB wanted to see it carried out throughout the building. Mayor Glickstein commented about workforce housing (basic fundamental information) and stated this should be a cumulative running total with every staff report because it is critical to the decision making body. Mr. Handler stated they are unable to make a commitment that diverges from the language of LDR Section 4.7.2(B) of the City Code that allows the developer to meet the requirement at his election pursuant to other provisions of the Code. In addition, Mr. Handler stated it is unlike City's Code provision LDR Section 2.4.5(1) that with respect to an option on parking, in -lieu of parking or public parking fee requests, that has to be approved at the City Commission level and therefore there is no option available to the developer in the approval process. Mr. Handler stated the City Commission is taking away what is preserved in the Code which is an "election" for the developer to make which has been historically been made by other projects under the prior Code and economic reasons. The City Attorney stated he does not agree with Mr. Handler's position. Brief discussion between the City Attorney and the Commission followed. 13 04/21/15 Vice Mayor Petrolia stated she did not know that this option was extending beyond what was given to the Commission as a presentation. Vice Mayor Petrolia stated if the applicant can assure that there will be workforce housing (five units) in this building then the Commission should not approve this. Brief discussion by the City Commission continued. At this point, the time being 8:55 p.m., Mr. Handler requested a five minute recess to discuss with the City Commission. At this point, the time being 9:06 p.m., the City Commission reconvened the meeting. For clarification, Mr. Handler asked if his client is being asked to make a definitive decision right now as to whether or not workforce housing will be included as a condition on the property or not. The City Attorney stated Mr. Handler asked for a five minute recess as a result of the City Commission's discussion; that recess was granted and the City Commission has now reconvened. Chevelle Nubin, City Clerk, swore in Ms. Evelyn Dobson with the Delray Beach Community Land Trust (DBCLT). Evelyn Dobson, Delray Beach Community Land Trust (DBCLT), stated the original intent of the workforce housing was to stabilize the housing and other areas of Delray Beach (northeast section, southeast section southwest, and northwest section). Ms. Dobson stated if a developer chose not to provide the workforce housing unit because he wanted to benefit from his profit, he could elect to contribute the money to the CDC or the CLT to build a single family home off-site. Ms. Dobson stated the monies would be in a revolving pool once the home was sold and another home was built. Or, the developer could use his own land elsewhere to provide single family homes for sale. Mayor Glickstein asked if the CLT has seen any of the money. The City Manager stated he would have to research to see if the money has been disbursed over the last two (2) years. After a brief discussion, Mr. Handler stated he is prepared to offer as a condition of approval to construct five (5) single family units off-site or six (6) in a combined multi -family unit under the Code and they will not take the election of paying money. The City Commission agreed that their preference would be the construction of five (5) single family units off-site. The City Attorney stated the applicant would have to commit to minimum criteria of a 3 bedroom/2 bath single family home and proceeds of the sale are 14 04/21/15 to be paid to the Delray Beach Community Land Trust (DBCLT) for their affordable housing purposes. Mr. Handler stated the applicant agrees to five (5) bedroom 3 bedroom 2 bath single family homes. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). The City Attorney stated the way to memorialize the workforce housing obligations is he will prepare a Workforce Housing Covenant which is recorded and has duration of forty (40) years. Deputy Vice Mayor Jacquet moved to approve to direct the City Attorney to prepare a Workforce Housing Covenant in the standard form of the City and in addition to specifically include a Workforce Housing requirement of five (5) single family homes having a minimum of three (3) bedroom/two (2) bathroom single family homes and that the sale proceeds from the homes to be paid at closing to the Delray Beach Community Land Trust (DBCLT); and, that the developer and the Delray Beach Community Land Trust (DBCLT) agree to mutually work together to find a suitable location for the construction of the five (5) homes, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Katz — No; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 4 to 1 vote, Mr. Katz dissenting. 9.D. WAIVER REQUEST FOR OVERHEAD DOORS FACING A RIGHT-OF-WAY FOR JTS WOODWORKING: Consider approval of a waiver to Land Development Regulations (LDR) Section 4.4.19(H)(3), "Special Regulations", pertaining to overhead doors facing a right-of-way for JTS Woodworking located at 71 N.W. 18th Avenue. (Quasi -Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2014-226 into the record. Troy Ammons, Architect, 1907 N.E. 411 Street, Deerfield Beach, FL, representing the owner of JTS Woodworking, gave a few brief comments about the aesthetics of the building. There was no cross-examination or rebuttal. Mr. Katz stated having industrial use with a good aesthetic look is going to help bring more industrial into the area. Vice Mayor Petrolia stated she is happy with it. 15 04/21/15 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Katz moved to adopt the Board Order, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote. 9.E. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. (PBA): Motion to ratify the Collective Bargaining Agreement between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. (PBA) for the period of October 1, 2014 through September 30, 2017. Shirley McKennon, Director of Human Resources, presented this item to the Commission and briefly reviewed the highlights of the agreement. Gary Ferreri, PBA, acknowledged and commended the City Attorney for his hard work with respect to the negotiations. Mayor Glickstein commended Mr. Ferreri and the City Attorney for their efforts. Vice Mayor Petrolia asked how this agreement differs from the agreement that was ratified on December 23, 2016. Ms. McKennon stated this is for a different collective bargaining unit (i.e. Police Lieutenants). Ms. Jarjura moved to approve the Collective Bargaining Agreement between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. (PBA) for the period of October 1, 2014 through September 30, 2017, seconded by Mr. Katz. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote. 9.F. SERVICE AUTHORIZATION NO. 12-07/WANTMAN GROUP INC.: Motion to Approve Service Authorization No. 12-07 with Wantman Group, Inc. in the amount of $65,321.70 to provide professional design services (RFQ No. 2012-06) related to the Lewis Cove Road Drainage Project No. 14-065. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 448-5461-538-31.30 (Storm Water Utility Fund: Professional Services/Engineering/Architect). Randal Krejcarek, Director of Environmental Services, presented this item to the Commission. Vice Mayor Petrolia moved to approve Service Authorization No. 12-07 with Wantman Group, Inc. in the amount of $65,321.70 for professional design services, 16 04/21/15 seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.G. PURCHASE AWARD/SOUTHERN SEWER EQUIPMENT SALES/ SCHWARZE STREET SWEEPER: Motion to Approve the purchase of one Schwarze Street Sweeper from Southern Sewer Equipment Sales in the amount of $222,605.10 through the Florida Sheriff's Contract No. 14-12-0904. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is available from 501-3312- 591.64-20 (Garage Fund: Vehicle Replacement/ Machinery/Equipment/Automotive). Randal Krejcarek, Director of Environmental Services, presented this item to the Commission. Mr. Krejcarek stated the City currently has two (2) street sweepers; one is not working and is not repairable and the other one is reaching the end of its useful life. At this point, Ms. Jarjura stated with respect to this item and the next item, she would prefer in the staff reports from now on when the City is piggybacking that staff goes through the elements (i.e. 7.A., B, and C) and respond to them. Mr. Krejcarek stated staff will make sure this is done going forward. Ms. Jarjura moved to approve the purchase award approve the purchase of one (1) Schwarze Street Sweeper from Southern Sewer through the Florida Sheriff's Contract #14-12-0904 in the amount of $222,605.10 in accordance with Code of Ordinance, Section 36.02, (C) (7) Utilization of Other Governmental Entities Contracts., seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.H. PURCHASE AWARD/ STROBES -R -US: Motion to Approve a purchase award to Strobes -R -Us in the amount of $86,820.00 using Broward Sheriff's Office Contract No. 13104030, which is effective August 12, 2013 through August 11, 2015 for fourteen (14) vehicles to be equipped for police service. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contracts". Funding is available from account 501-3312-591- 64.20 (Garage Fund: Vehicle Replacements/ Intra -governmental Services/ Machinery/ Equipment/ Automotive). Randal Krejcarek, Director of Environmental Services, presented this item to the Commission. Deputy Vice Mayor Jacquet moved to approve the purchase and installation of Police Lights and Equipment for fourteen (14) police vehicles, in the amount of $86,820.00 from Strobes -R -Us through the Broward Sheriff's Contract #13104030 in accordance with Code of Ordinance, Section 36.02 (C)(7) Utilization of Other Governmental Entities Contract, seconded by Vice Mayor Petrolia. Upon roll call 17 04/21/15 the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9_I. RETROACTIVE APPROVAL OF SPECIALIZED WATER TREATMENT PLANT SPENDING GREATER THAN $25,000.00 AND ADVANCED AUTHORIZATION OF FUTURE SPENDING LIMIT: Motion to Approve retroactive acquisitions of repairs and maintenance to specialty equipment at the City's water treatment plant from Southland Controls, Inc. in the amount of $38,746.02; and motion to approve advanced FY 2015 expenditures not to exceed $65,000.00 with Southland Controls, Inc. and Water Treatment and Controls, Co. for work related to repairs and maintenance to specialty equipment at the Water Treatment Plant. 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". Randal Krejcarek, Director of Environmental Services, presented this item to the Commission. Vice Mayor Petrolia moved to approve in advance FY 2015 acquisitions of repairs and maintenance to specialty equipment at the City's water treatment plant from Southland Controls, Inc. and Water Treatment and Controls Co. so that total fiscal year spending will not exceed $65,000, and further finds that such acquisitions are in compliance with code section 36.03(B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year, provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above, seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote. 9_J. RETROACTIVE APPROVAL OF AGREEMENT/COMMUNITY CHILD CARE CENTER OF DELRAY BEACH/OUT-OF SCHOOL PROGRAMS AT VILLAGE ACADEMY AND PINE GROVE ELEMENTARY SCHOOL: Motion for Retroactive Approval of the agreement with Community Child Care Center of Delray Beach, Inc., for funding and operating the Out -of -School Services Programs at Village Academy and Pine Grove Elementary School; and consider approval of the Grant Agreement with Community Child Care Center of Delray Beach, Inc. for Out -of -School Services Programs at Village Academy and Pine Grove Elementary School. Janet Meeks, Education Coordinator, presented this item to the Commission. Mayor Glickstein commended Stephanie and Janet for the great job they are doing with these programs. 18 04/21/15 Ms. Meeks stated for Pine Grove Elementary they started with a summer camp program and it is now a year-round program with approximately 250 students being serviced and this would be the first summer for Orchard View Elementary. Vice Mayor Petrolia asked if there was any funding given to the City from SWS (new trash/waste hauler). Michael Coleman, Director of Community Improvement, stated SWS made a pledge of $2,500 for the Washington trip for Pine Grove Elementary School which will go into effect June 1St Mr. Jarjura commended the Achievement Center for the services it provides (i.e. before care/after care facility, services they provide to parents in terms of education, etc.) stated she supports the expansion of it. Ms. Jarjura moved to approve the Funding Agreement between the City of Delray Beach and the Community Child Care Center of Delray Beach, Inc., for Out -of - School Services Programs at Pine Grove Elementary, seconded by Mr. Katz. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote. 9.K. WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF DELRAY BEACH, CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, LTD, AND CDS FREECORE LLC. FOR ATLANTIC CROSSING: Motion to Approve a Workforce Housing Covenant between the City of Delray Beach and CDS Delray Redevelopment, LLC, CDR Atlantic Plaza, LTD, and CDS Freecore LLC., pursuant to the requirements under Section 4.7 of the Land Development Regulations. Michael Coleman, Director of Community Improvement, presented this item to the Commission and stated Atlantic Crossing is looking for approval for twenty- five (25) units under the workforce housing covenant. Mr. Coleman explained that there are three (3) options: (1) on-site, (2) off-site, and (3) monetary contribution and they chose nineteen (19) units on-site all rentals, six (6) units they would like to make a monetary contribution of $960,000.00 ($160,000.00 per unit), and within the units on-site they are looking to build seven (7) two-bedroom units and twelve (12) one -bedroom units. The units will be disbursed throughout the on-site property. At this point, Mayor Glickstein stated for the next meeting he requested that the City Manager provide to the Commission a summary on every project that received conditional use approval; and, if there was not workforce housing built on site, he would like to see an accounting of that funding from approval to date for the last ten (10) years. Mr. Katz expressed concern why this is coming before the City Commission now and not with the development agreement later. The City Attorney stated the Workforce Housing Covenant is a requirement of the site plan certification. Mr. Katz stated nowhere he has seen where the City Commission has approved giving 19 04/21/15 away that tract where the workforce housing was approved is the current plan which is on the City's website which shows Atlantic Court in there. Mr. Katz stated he is uncomfortable approving the map because he has only seen SPRAB approve it, but it is his understanding that the City Commission has never voted to approve a site plan that looks like the site plan before them now. Mr. Katz stated on November 2013 the motion was to deny. Mr. Katz stated the plat shows a street there and now there is not a street. Therefore, Mr. Katz expressed concern that the City approves this tonight, are they conveying that street right now. Mr. Katz stated he does not believe the City has conveyed that land without any compensation (even accidentally) he feels they should fix that possible mistake; he suggested that the City obtain outside counsel. Mayor Glickstein asked if the workforce housing approval can be bifurcated from the site plan. The City Attorney stated the way to correct this to replace the site plan with a legal description (i.e. a boundary survey/the four corners of that property). Mr. Katz stated he would support this. The City Attorney stated the workforce housing was initially approved in connection with the conditional use modification request. Brief discussion between the City Attorney and the City Commission ensued. Vice Mayor Petrolia asked why this is coming before the City Commission now. The City Attorney stated this is a condition of site plan certification and the developer is trying to satisfy its requirements so that it can move forward with the site plan certification. The City Attorney stated this is a covenant requiring workforce housing and it can be made neutral with respect to the issue of the abandonment of the road (Atlantic Court) by providing a generic legal description of the development. Vice Mayor Petrolia stated she supports obtaining outside counsel opinion and have it looked at before the City Commission starts signing more documents. The City Attorney suggested that the City Commission move approval of the Workforce Housing Covenant but specifically reserve any rights they may have with respect to the site plan approval process and that by approving this Workforce Housing Covenant the City Commission is not waiving their right to assert whatever rights they may have with respect to the prior site plan approval. Mayor Glickstein stated it is not tied to this site plan but it is tied to whatever density was approved in that conditional use and it is tied to the four corners of the property; it is not tied to any specific site plan; and, that the City is not waiving any rights it may otherwise have in contesting the existing site plan when it comes before the City Commission in connection with a final plat. 20 04/21/15 Deputy Vice Mayor Jacquet moved to table Item 9.K. until after the next item, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.L. DISCUSSION REGARDING THE POLICE ADVISORY BOARD: Staff will discuss the history and future direction of the Police Advisory Board. Jeffrey Goldman, Police Chief, presented this item to the Commission and provided a brief overview of the history of the Police Advisory Board (PAB). After brief discussion, it was the consensus of the City Commission to continue with the board and give Chief Goldman direction to rewrite the qualifications of the board members to serve on the Police Advisory Board and have a reach out to different parts of the community so that the City is geographically represented. Mr. Katz moved to approve the Workforce Housing Covenant, replacing Exhibit "A" with a written legal description of the development (no site plan no sketch); the approval by the City specifically reserves any rights the City may have with respect to site plan certification and the prior site plan approval; and, approval of this Workforce Housing Covenant shall not be construed as a waiver of any rights of the City, that the Workforce Housing obligations shall be as stated in the Workforce Housing Covenant or alternatively in the event the developer either elects to or is required to proceed with the previously approved site plan, in such event the developer shall provide the same proportion of workforce housing units pursuant to the LDRs (Land Development Regulations), seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — No. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting. At this point, the time being 10:27 p.m., the Commission returned to Item 9.K. Mr. Katz moved to approve the Workforce Housing Covenant, replacing Exhibit "A" with a written legal description of the development (no site plan no sketch); the approval by the City specifically reserves any rights the City may have with respect to site plan certification and the prior site plan approval; and, approval of this Workforce Housing Covenant shall not be construed as a waiver of any rights of the City, that the Workforce Housing obligations shall be as stated in the Workforce Housing Covenant or alternatively in the event the developer either elects to or is required to proceed with the previously approved site plan, in such event the developer shall provide the same proportion of workforce housing units pursuant to the LDRs, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — No. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting. 21 04/21/15 10. PUBLIC HEARINGS: 10.A. THIS ITEM HAS BEEN DEFERRED. 11. FIRST READINGS: 11.A. ORDINANCE NO. 11-15 (FIRST READING): Motion to Approve an amendment to Chapter 36, "Acquisition of Goods and Services and Disposal Of City Property"; amending Section 36.02, "Method of Acquisition," Subsection (A), "Sealed Competitive Method"; Creating Section 36.14, "Local Business Preference"; Establishing a Local Business Preference In The Acquisition of Goods And Services; Providing Definitions and Certification Requirements for same; Providing for Exclusions from and Waiver of Local Business Preference; Providing a Saving Clause, a General Repealer Clause, and an effective date. If passed, a public hearing will be held on May 5, 2015. office.) Commission. The caption of Ordinance No. 11-15 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY"; AMENDING SECTION 36.02, "METHOD OF ACQUISITION," SUBSECTION (A), "SEALED COMPETITIVE METHOD"; CREATING SECTION 36.14, "LOCAL BUSINESS PREFERENCE"; ESTABLISHING A LOCAL BUSINESS PREFERENCE IN THE ACQUISITION OF GOODS AND SERVICES; PROVIDING DEFINITIONS AND CERTIFICATION REQUIREMENTS FOR SAME; PROVIDING FOR EXCLUSIONS FROM AND WAIVER OF LOCAL BUSINESS PREFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-15 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Holly Vath, Chief Purchasing Officer, presented this item to the 22 04/21/15 Ms. Jarjura stated she applauds this program because when she came into office it was surprising to her that the City of Delray Beach which has such a strong local business community did not have a Small Business Preference Program. In addition, Ms. Jarjura stated in trying to create a minority or woman owned business program there are certain thresholds to meet by case law under strict scrutiny. She stated WARC has communicated on February 27, 2015 some recommendations and are providing her with some examples of other cities and counties that have instituted different ways that we can encourage and provide economic incentive to our local businesses. Ms. Jarjura stated she supports this ordinance going forward because she feels this is a landmark ordinance in the history of this city. However, Ms. Jarjura stated she would like to also direct the City Manager to do on a more accelerate basis some minor changes or tweaks to internal processes that do not require a code amendment or an ordinance that would also further the encouragement of Local Small Business Preference Program. For example, Ms. Jarjura stated restructuring internal pay processes and practices to expedite timely invoice approval and to enforce contract provisions that require a contractor to promptly pay their respective small subcontractors, and developing a structure system of accountability where it comes to tracking and reporting. Ms. Vath stated as part of the certification process staff can add a survey to some of the City's required documents (i.e. quarterly, yearly, or bi-yearly reports) in an effort to obtain additional data because this would provide certain demographic information. Brief discussion followed by Vice Mayor Petrolia and staff regarding the 5% standard. Vice Mayor Petrolia stated she is happy to see this moving forward and is in full support inclusive of the addition to internal processes that do not require a code amendment or an ordinance that would also further the encouragement of Local Small Business Preference Program (i.e. restructuring internal pay processes and practices to expedite timely invoice approval/payment and to enforce contract provisions that require a contractor to promptly pay their respective small subcontractors), and data collection and developing a structure system of accountability where it comes to tracking and reporting. After brief discussion, it was the consensus of the Commission restructuring internal pay process and the data collection. Mayor Glickstein commended Commissioner Jarjura for championing this issue from the start through fruition. Ms. Jarjura moved to approve Ordinance No. 11-15, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion passed with a 5 to 0 vote. 23 04/21/15 12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 12.A. City Manager None. 12.B. City Attorney The City Attorney stated he would like to bring a subsequent agenda item with respect to this issue of special counsel on Atlantic Crossing and the status on the Atlantic Avenue core. The City Attorney stated this issue has become volatile and controversial this issue has become and by obtaining and outside opinion it might take a volatile situation and it may help the situation. The City Attorney stated for the next meeting he can frame the legal question that the City Commission would ask counsel and that the question be done as a fixed fee basis. The City Attorney stated he is prepared to recommend to the City Commission several counsel that have that expertise in land use and could render that opinion and the City Charter provides that the City Commission select that counsel. Mayor Glickstein stated he supports special counsel for the Atlantic Crossing project for the reasons stated by the City Attorney. In addition, Mayor Glickstein stated he finds it appalling the way that the public has maligned the City Attorney's character because they have a difference of opinion. Ms. Jarjura stated at first she was not in support of it because she felt that it was opinion shopping and noted that the City Attorney was not part of this city when this project came aboard and some of the allegations that are being lodged against him when he was not here when the site plan was approved. Deputy Vice Mayor Jarjura stated if the City Commission is going to move forward with an opinion letter she would hope that the City would seek a land use counsel and to render an opinion she also would like a flat fee because she does not want this to go on forever or be a huge expense. Mayor Glickstein suggested narrowing the scope to a land use litigator not someone who does rezoning and platting. For clarification, Mr. Katz stated his request for special counsel is nothing personal towards the City Attorney but it is just a second opinion. Mayor Glickstein stated this is more about the steps that were taken, the disclosures that were made, and the notice that was made and whether there is a distinction between a public right-of-way and a private road with public access for purposes of notice and abandonment. 24 04/21/15 Vice Mayor Petrolia stated she too supports the City obtaining special counsel for the Atlantic Crossing project because she feels it will also provide cover for this Commission going forward. The City Attorney stated he will come back to the City Commission with his proposal and a definitive recommendation at the next meeting. 12.C. City Commission 12.C.1. Deputy Vice Mayor Jacquet Deputy Vice Mayor Jacquet asked if a Planning and Zoning Director has been hired yet. The City Manager stated he is in the process of interviewing this week and if that process goes as expected he hopes to make an offer to somebody on Friday. Deputy Vice Mayor Jacquet asked how many candidates he is interviewing and if he interviews them alone. The City Manager stated he has interviewed three (3) candidates and they have gone through a selection committee. Ms. Jarjura asked how many candidates applied for the Planning and Zoning Director position. The City Manager stated there were over 100 which was called down to 100 and then called to 5 then to 3. The City Manager stated from 5 to 3 for interview staff did a very active recruitment and tried to get people to apply for the position. 12.C.2. Vice Mayor Petrolia Vice Mayor Petrolia stated there are numerous violations throughout the city that Code Enforcement needs to address immediately. She stated Commissioner Jarjura discussed at one time that there should be some way that these departments pay for themselves and Code Enforcement is one of those. Vice Mayor Petrolia reiterated that Code Enforcement needs to start issuing fines to everyone who is violation because it is going to pay for the positions. Secondly, Vice Mayor Petrolia stated with respect to the Police and Fire Pension Board and the City has the ability to get off the 175/185. She stated the City is losing money on a daily basis on that board. The City Attorney stated this is a very technical complex area of law and noted he will ask Mr. Linn for a definitive opinion on this and that the Commission has it by the next meeting to discuss. Vice Mayor Petrolia stated she would like to see the garbage cart refund and some of the developments that have come on board late that also need to be looked at. Vice Mayor Petrolia requested that a survey be sent to the residents that are paying this I% to see if they are happy with it or not happy with it. 25 04/21/15 Vice Mayor Petrolia commented about the City Attorney and City Manager's performance evaluations. The City Attorney stated according to the Rules of Procedure, the City Attorney's performance evaluation is due in May and the City Manager's performance evaluation is due on his one year anniversary (Hire Date: January 5, 2015). With regard to the decision made at the County Commission meeting about the Lake Ida parcel, Vice Mayor Petrolia stated the vote was 6 to 1 vote in favor. Vice Mayor Petrolia stated it is Earth Day tomorrow and she feels it goes in sync with that. She stated this entire situation that unfolded explains how incredibly special the people who live here are and noted that people came up and gave money to the City. Vice Mayor Petrolia stated there is no other city that she knows of with standing room only at a Planning and Zoning Board meeting that has that kind of passion. She commented about the letters from the public with personal attacks and stated she agrees that they are awful. However, Vice Mayor Petrolia stated the people are interested and passionate so she never takes it personal. She stated these people are very special and it is not that people do not want the Atlantic Crossing project, they just want the project to work and they do not want it to ruin this beloved town. Vice Mayor Petrolia stated the Lake Ida parcel was just one of those situations where it let her know what kind of people the city has here and she is proud of them. Lastly, Vice Mayor Petrolia wished the City Clerk a very Happy Birthday. 12.C.3. Commissioner Jariura Ms. Jarjura stated tomorrow is Earth Day and Mayor Glickstein and Vice Mayor Petrolia has talked about Styrofoam. Secondly, Ms. Jarjura commented about the Lake Ida decision and stated it is a great testament to the positive and amazing people that make up the community. Furthermore, Ms. Jarjura commended those individuals who spent countless energy and time advocating for this position and thanked the Palm Beach County Commissioners who went against contrary to the staff recommendation and supported the City Commission's request to purchase the property with Mr. Levy and the other residents' money and Commissioner Fitzpatrick with Boynton Beach. Ms. Jarjura stated she has discussed with the City Manager about Delray Beach being a host for a half marathon event here in the city and goes to her previous comments about rebranding as beyond food and beverage. Ms. Jarjura stated when trying to attract businesses and families they look at different quality of life. She stated these regional, statewide and national races bring a different element to the city. Ms. Jarjura stated to get on the race calendar staff needs to start planning now because it takes approximately 8-9 months and with the completion of Federal Highway she can envision utilizing that as part of the track. Ms. Jarjura stated she connected John Morgan with some national race sponsors that would be interested in potentially looking in Delray Beach. 26 04/21/15 Ms. Jarjura complimented the Federal Highway Beautification Project and the trees are impressive. Lastly, Ms. Jarjura wished the City Clerk a very Happy Birthday. 12.C.4. Commissioner Katz Commissioner Katz thanked the Woman's Club of Delray Beach for inviting him to participate in their "Real Men Bake" fundraiser event. He stated yesterday there were storm warnings and from his understanding the Commission Chambers was filled with people who are passionate about their city. Commissioner Katz stated this non-profit event was a success and many people attended. Secondly, with respect to the Lake Ida parcel and Earth Day, Commissioner Katz stated the County Commission had the opportunity today to leave a legacy with Delray Beach. Commissioner Katz stated today he explained to his children about Earth Day and showed them the Lake Ida parcel that has been saved and the green space. Commissioner Katz stated it was a teachable moment and tomorrow his son is going to bring this up on Google maps and show his class. Commissioner Katz thanked the citizens for showing up in force and showing the County Commission that citizens want this. Commissioner Katz stated with the budget process coming up and evaluations with previous City Manager's a lot of times employees were not being evaluated so they did not know how to improve, etc. He stated the previous City Manager was directed to come up with some good evaluation processes for employees. Commissioner Katz asked if that ever take place and are employees being evaluated on a regular basis so that they can improve so they can get merit opportunities if applicable for their position. He asked if can have a form that the Commission can keep so that he can keep track throughout the year. For the record, Commissioner Katz gave a brief explanation as to why he voted "no" on the workforce housing for Item 9.C. (The Metropolitan). He stated fundamentally the workforce housing system is flawed and he voted against it because he is not comfortable with not giving those people in the workforce housing that are single and do not want to have families an option. Commissioner Katz requested an update from the City Manager with regard to the Code Enforcement issues in certain areas of the city and whether something is being done. With regard to Mayor Glickstein's comments about people that are passionate and taking things personal, Commissioner Katz stated in his short time in office he has received has plenty of hate mail because he made a suggestion at the meeting of March 31, 2015 to explore some annexation areas throughout the city. 27 04/21/15 Commissioner Katz stated he has answered every person that has emailed him whether negative or positive. He stated the City Commission wants to know if it is a mutually good benefit for an area to be a part of this city or not. Commissioner Katz stated if someone is not willing to pay Delray's millage rate then the city either needs to lower the millage or improve its services. He stated all the negative emails has come from Kingsland; however, three (3) streets south of Bexley Park has been positive feedback and feels if the City takes a small tract and it all works out for their mutually benefit, then that is a good selling point to larger tracts that can help expand the city's base. Lastly, Commissioner Katz stated he had a request to the Police and Fire Pension Board. The City Manager stated he is working on this. 12.0.5. Mayor Glickstein Mayor Glickstein suggested with regard to Commissioner Katz's comments about the annexation issue that the Commission be cognizant of the choice of words they are using on the dais. Secondly, Mayor Glickstein stated he attended the Volunteer Lunch today and noted the City has over 400 volunteers for the Police Department and feels there is no reason why the City cannot get 10-15 working for Code Enforcement. Mayor Glickstein stated they can walk up and down Atlantic Avenue and write violations because what the City currently has in place is not working. He stated like the procurement issues, Code Enforcement problems has been festering since the day he got here and there has been nothing that has changed where we are. Mayor Glickstein stated so many things are not getting corrected even after the Commission has given direction to do so. Ms. Jarjura stated even things that the City Commission has articulated as priorities whether it is historic resources or outdoor dining deviations those are not getting Code violations. Mayor Glickstein stated the City passed an ordinance restricting tables and chairs on Atlantic Avenue and a new restaurant opened directly across the street from The Office and put tables and chairs across from each other. He expressed concern that it is everything from landlord tenant permits, sober homes, etc. and emphasized that this has to be prioritized. The City Manager stated he does not believe the City can put Code Enforcement on a fee based schedule based upon fines; they can generate revenue but we cannot budget for it. Mayor Glickstein stated to the Commission goal of diversifying revenue that is diversifying revenue and solving problems and the City is not doing either. Mayor Glickstein stated the City cannot stop commercial trucks on Atlantic Avenue for the reasons stated; however, the City can keep construction traffic off that street. 28 04/21/15 Mayor Glickstein stated the workforce housing issue needs to be modified to be Commission discretion and that the applicant has to commit to one of those three (3) options and that there is conditional use approval. Lastly, Mayor Glickstein stated Vice Mayor Petrolia is correct about the comments and personal attacks from the public directed toward the City Commission; however, he stated that he takes personal offense when he sees these comments from the public directed toward City staff and feels it is uncalled-for. There being no further business, Mayor Glickstein declared the meeting adjourned at 11:13 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 21, 2015, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 29 04/21/15 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR HARBOUR'S EDGE AT 401 EAST LINTON BOULEVARD 1. This waiver request came before the City Commission on April 21, 2015, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Harbour's Edge at 401 E. Linton Boulevard. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(3)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 2.401) Pursuant to LDR Section 2.4.6(F), no temporary use shall be allowed except as provided in the LDRs. The specific use of a mobile kitchen is not listed as a permitted temporary use_ The applicant is requesting a temporary use kitchen facility for the Harbour's Edge health care facility through November 15, 2015. Should the waiver to Section 2.4.6(F) allowing a temporary use kitchen facility be granted? Yes 5 No 0 3_ The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. City Commission Regular Meeting 04/21/15 Item 9.13. 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 this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21st day of April 2015, by a vote of 5 in favor and op e AT11TEST:���� A �\ Cary D. Glicl4Ley,_May,or Chevelle Nubin, City Clerk 2 City Commission Regular Meeting 04/21/15 Item O.B. venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-229, Version: 1 TO: Mayor and Commissioners FROM: Timothy R. Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 RESOLUTION NO. 08-16 CITY OF DELRAY BEACH SIDEWALK POLICY Recommended Action: Motion to Approve Resolution No. 08-16 establishing the Delray Beach Sidewalk Policy. Background: On October 20, 2015, the City Commission adopted Ordinance 21-15. This ordinance amended Section 6.1.3 Sidewalks to change the language in this section to clarify when the construction of new sidewalks would be required and the process for paying a fee in -lieu of construction. Section 6.1.3(D)(2)(d) stated "The fees collected [in -lieu fees] by the City shall be specifically identified and maintained in a separate account within the City's General Fund and may only be used by the City for the construction of public sidewalks, anywhere within the City, in furtherance of the City's sidewalk policy." The Planning and Zoning Department and Environmental Services Department have been working together to develop the stated policy for the maintenance and construction of sidewalks within the City of Delray Beach. The proposed sidewalk policy is intended to guide the construction and maintenance of sidewalks within the city as well as provide clear direction on the collection and expenditure of the in lieu funds collected. It will also serve as the guiding policy for the ranking of construction and maintenance sidewalk projects within the City. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Finance will invoice and collect in lieu fees, and will maintain the separate account required by Section 6.1.3(D)(2)(d). Timing of Request: Ordinance No. 21-15 was adopted on October 20, 2015. The proposed sidewalk policy is required to effectively administer the adopted Land Development Regulations and sidewalk maintenance and construction program. City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by Legistar'"^ RESOLUTION NO. 08-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SIDEWALK POLICY FOR THE CITY OF DELRAY BEACH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, wishes to promote the health, safety and welfare of the residents of the City of Delray Beach; and, WHEREAS, the City wants to ensure there are adequate there are that alternatives to use of the automobile through the provision of a safe, convenient and energy efficient integrated multimodal transportation system shall be made available; and, WHEREAS, the City want to provide for a clear policy for the expenditure of funds collected in lieu of the construction of sidewalks in accordance with Section 6.1.3 (D) (2) of the City of Delray Beach Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby adopts the City of Delray Beach Sidewalk Policy as follows: See Exhibit "A" attached hereto. Section 2. That the policy will guide the City in its expenditure of funds for the construction, repair, and replacement of sidewalks with the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on the day of , 2016. MAYOR ATTEST: City Clerk City of Delray Beach Sidewalk Policy . PURPOSE: The purpose of this Policy is: A. To promote the health, safety and welfare of the residents and visitors of the City of Delray Beach by ensuring that a safe, complete sidewalk system in established and maintained within the city; B. To ensure that alternatives to use of the automobile through the provision of a safe, convenient and energy efficient integrated multimodal transportation system shall be made available; and C. To provide for a clear policy for the expenditure of funds collected in lieu of the construction of sidewalks in accordance with Section 6.1.3 (D) (2) of the City of Delray Beach Land Development Regulations. GENERAL: • The building of sidewalks will be prioritized according to need, be limited to rights of way owned by the City of Delray Beach, and shall be subject to annual budget appropriations. • Sidewalks will be constructed along arterial and collector roadways with pedestrian traffic within two (2) miles of a school. The priority will be to start at the school and work out to the outer boundary, or where considered necessary for pedestrian safety. • Sidewalks will be required within the CBD zoning district. • Sidewalks will be constructed along any public roadways with pedestrian traffic en route to parks and greenways/trail systems and other public spaces or facilities. • Sidewalks will be constructed along any public roadways with pedestrian traffic en route to transit facility locations. • In Community Development Block Grant areas, sidewalks will be constructed so as to provide neighborhood improvements in targeted areas. • Sidewalks shall be placed in the right-of-way, parallel to the street, unless an exception has been permitted to preserve topographical or natural features or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation. • Special considerations will be given along roadways where circumstances or changes in development or use warrant construction of sidewalks. • Special consideration shall also be given to neighborhoods that, due to the desire to maintain the character and nature of the neighborhood, do not wish to have sidewalks constructed unless they are deemed necessary for the safety of pedestrians. City staff will work with the residents, the neighborhood associations, and other neighborhood groups to solicit their input before they determine if and when sidewalks shall be required. 11 Page Delray Beach Sidewalk Policy • The City Finance department will issue invoices and collect all funds, as well as serve as the official financial record keeper for the fees collected for in -lieu payment as noted in Section 6.1.3 (D) (2) of the City of Delray Beach Land Development Regulations. These fees shall only be used for the construction of sidewalks within the City of Delray Beach in accordance to this policy. SIDEWALK ASSESSMENTS: The City may, at its discretion, construct a sidewalk along any street or roadway it feels is needed and appropriate for the health, safety and welfare of its citizens. In doing so, the City reserves the right to assess each property owner on a street frontage basis. Those properties that have paid a fee in -lieu in accordance with Section 6.1.3 (D) (2) of the City of Delray Beach Land Development Regulations will be exempt from the assessment. PRIORITIZATION: The following criteria will be used in the ranking of sidewalk projects for the Capital Improvement Plan (CIP) and the Capital Improvement Budget (CIB) by the City. The method of determining the priority for the construction of new sidewalks, the replacement of existing sidewalks and/or maintenance of existing sidewalks with the City shall be based upon the following criteria and budgeted each fiscal year: A. Level of Service (LOS): LOS shall be based upon the following criteria: a. Sidewalks inside the Community Redevelopment Agency (CRA) Boundary i. Schools — both sides of the roadway ii. Parks — both sides of the roadway iii. Neighborhoods — both sides of the roadway b. Sidewalks outside the CRA Boundary i. Schools — both sides of the roadway ii. Parks — one side of the roadway iii. Neighborhoods — one side of the roadway c. Neighborhoods with adopted Redevelopment Plans i. Schools — both sides of the roadway ii. Parks — both sides of the roadway iii. Neighborhoods — both sides of the roadway d. Completing sections of sidewalks to fill in gaps in areas where there are existing sidewalks. B. ADA Compliance: a. All new sidewalks constructed within the City shall comply with Federal Law under the Americans with Disabilities Act. 21 Page Delray Beach Sidewalk Policy b. The City shall develop and maintain a database of all existing sidewalks including ADA Ramps c. Priority ranking for each fiscal year shall be conducted for the installation of ADA Sidewalk and Ramps as well as filling in gaps in areas as noted above. C. Maintenance, Replacement and Repairs The Maintenance and replacement of existing sidewalks shall be based upon the following criteria: a. Cleaning and pressure washing i. Database of All Existing Sidewalks Shall be Conducted ii. Priority Ranking for Each Fiscal Year shall be Conducted for Maintenance b. Repairs due to Settlement, Cracks, and Root Intrusion i. Database of All Existing Sidewalks Shall be Conducted ii. Priority Ranking for Each Fiscal Year shall be Conducted for Repairs to the Sidewalks 31 Page Delray Beach Sidewalk Policy venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-322, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 SERVICE AUTHORIZATION NO. 12-22 WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE WARRANT STUDY LOCATED AT THE INTERSECTION OF: (1) S.W. 4TH STREET AND S.W. 7TH AVENUE AND (2) S.W. 9TH STREET AND S.W. 2ND AVENUE Recommended Action: Motion to approve Service Authorization No. 12-22 to Kimley-Horn and Associates, Inc. in the amount not to exceed $8,000 for professional design services to conduct a warrant study located at the intersection of: (1) SW 4th Street and SW 7th Avenue and SW 9th Street and SW 2nd Avenue (Project #16-087). Background: In December 2015 residents from the neighborhoods served by SW 9th Street spoke during public comment at a City Commission meeting and expressed their concern for the safety of pedestrians due to speeding vehicles. In addition, residents from neighborhoods served by SW 4th Street contacted the City Engineer and expressed similar concerns. Providing an acceptable level of service for traffic calming within the City is an objective of the City's Comprehensive Plan. The residents specifically requested that the City install additional stop signs at intersections in their neighborhoods for added safety protection (children are playing in the streets). The City has collected traffic and speed count data for these areas and the warrant study is the next step in the evaluation process. The City uses best engineering practices such as the Manual on Uniform Traffic Control Device (MUTCD) for this evaluation. The MUTCD recommends that prior to any additional stop signs being installed at an intersection a warrant study must be conducted to evaluate whether or not the additional stop signs are in fact warranted. This Service Authorization with Kimley-Horn and Associates, Inc. (KHA) authorizes the completion of a four-way stop sign warrant study at the intersections listed below: 1) SW 4th Street and SW 7th Avenue 2) SW 9th Street and SW 2nd Avenue The total cost of Service Authorization No. 12-22 is a not to exceed amout of $8,000. To date the City has spent $212,857.19 to KHA (FY 15/16) for professional engineering services. City of Delray Beach Page 1 of 2 Printed on 4/13/2016 powered by Legistar'"^ File #: 16-322, Version: 1 KHA was retained by the City via RFQ #2012-06. The original agreement with KHA was executed in February 2012 and Amendment No. 3 has extended their contract to January 2017. KHA is one of the City's retained consulting engineering firms and this request is within their scope of work. Since expenditures with KHA have exceeded the $25,000 threshold, this item is before Commission for approval. The recommendation for award is in compliance with 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. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting held April 1, 2016. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from following account: 001-2911-519.31-90 (General Fund Engineering: Professional Services). City of Delray Beach Page 2 of 2 Printed on 4/13/2016 powered by Legistar'"^ CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Kimley Horn and Associates, Inc. SERVICE AUTHORIZATION NO. 12-22 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: Stop Control Warrant Analyses CITY PROJECT NO. 16-087 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-Hord') is pleased to submit this service authorization request to the City of Delray Beach ("Client") for traffic engineering services. Our project understanding, scope of services and fee follow. The City wants to evaluate existing intersections which are currently controlled by 2 -way stop for all -way stop control. The locations of study are as follows: 1) SW 4`s Street and SW 7d' Ave. 2) SW 9a' Street and SW 2°d Ave. II. SCOPE OF SERVICES Phase I — Study and Report Phase 1. Traffic Data Collection In this data collection phase, KHA will collect traffic volumes on all four approaches at each intersection for 8 hours during a typical weekday. In addition to vehicular volumes, pedestrian and bicycle volumes will be collected during the 8 -hour timeframe. KHA will also obtain any available crash history from the Palm Beach County Traffic Division at the subject locations. 2. Traffic Analysis KHA will conduct an all -way stop control warrant analysis at each subject intersection in the City of Delray Beach, Florida. The data will then be compared to the all -way stop control warrant criteria reported in the 2009 MUTCD. KHA will prepare a memorandum describing the data collection, analysis, and conclusions. The engineer will conduct up to one field visit per intersection to evaluate existing and sight distance conditions. The scope of services includes up to one meeting per intersection with the City. Deliverables: One warrant study memorandum per intersection. Phase II — Preliminary Desien Phase Preliminary Design Phase Services are not included in this Service Authorization Phase III — Final Design Phase Final Design Phase Services are not included in this Service Authorization Phase IV — BiddinWNegotiating 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, KHA 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: Additional traffic data collection and studies Additional meetings, exhibits, deliverables SCHEDULE KHA will begin work upon receiving authorization from the City in accordance with a mutually agreed upon schedule. III. BUDGET Fee and Expenses KHA will perform the Services in tasks 1 - 2 on an hourly basis not to exceed $4,000.00 per intersection and not to exceed $8,000.00 for two intersections. 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, construction drawing printing, specification printing, and other out -of house printing. Optional services will be billed on a lump sum basis after written authorization from City to start those services or a portion thereof Additional services which maybe identified as needed at a later time will be negotiated at that time. IV. 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: Date Cary D. Glickstein, Mayor Witness (Signature) Witness (Printed) KIMLEY-HORN AND ASSOCIATES, INC. Dat( LIN Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this day of 'MOI. Ck 2016was acknowledged by MrwW M*+Lth_ 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 ate` day of IyW do 2016 Notary Public State of Florida N.pYI/ My Commission Expires: 2.) CHRISTINE STRRNG GOSSELLK:\WP8TPTO\85294WK\2616\630916 Qelrsy stops.docx tNotary Public - State o1 FloridaMy Comm. Expires May 17.2018 Commission B FF 098570 Engineering Consultants -Assigned CIP Projects since 2012 Agreement Calvin Giordanoand Associates I SAk I Date jAmountofSA Fire Hdgrtr Public Plaza 12-01 03/16/14 $ 34,977.05 SE2nd Stlmprv-Swntnto SE3Ave 12-02 03/25/13 $ 123,382.42 SE2nd Stlmprv-Swntnto SE3Ave 12-02.1 04/05/13 $ 17,648.70 NE3rd St Streetscape 12-03 01/13/14 $ 160,456.19 NE3rd St Streetscape 12-03.1 8/20/2015 $ 5,786.19 NE3rd St Streetscape 12-03.2 12/27/13 $ 25,421.03 NW 12th Ave - ALI to NW 2nd Ave 12-04 04/22/14 $ 97,117.46 NE 1st Ave Imp, - CA 12-05 03/19/14 $ 4,442.70 CRA District Sidewalks -FY15 12-06. 08/26/15 $ 11,088.44 SE 4th Ave. Beautification 12-07 08/26/15 $ 129,968.16 Osceola Neigh Imp FY 16 12-08 10/02/14 $ 246,888.58 SW 14th Ave SW 2nd St SW 3rd St 12-09 12/22/14 $ 99,986.44 Note: *Estimated Cost ASSIGNED $ 957,163.36 Kimley Horn and Associates SA# Date jAmountofSA NE3rd Ave Streetscape 12-01 05/16/12 $ 55,594.00 Federal Hwy - CA 12-02 05/04/12 $ 98,271.00 Block 117 Garage Study 12-03 04/11/13 $ 24,200.00 Swinton / SE -SW 1st St Signal 12-04 05/22/13 $ 46,857.00 NE 1st St/ NE 2nd Ave Stop 12-05 04/02/13 $ 4,450.00 SW 1st St/ SW 4th Ave Stop 12-06 12/27/13 $ 4,450.00 E. Atlantic Ave Median wal k 12-07 02/25/14 $ 59,704.00 NW 2nd Ave/NW30 Aev stop 12-08 08/16/14 $ 4,450.00 NE 7th Ave Closure Study 12-09 09/25/14 $ 9,600.00 Wtr Facilities Supply Plan Update 12-10 06/17/14 $ 54,916.00 Transportation Element Update 12-11 10/02/14 $ 33,615.00 Swinton/Atlantic lntrsctn Study 12-13 12/22/14 $ 9,900.00 Master Study Traffic MOT 12-14 02/25/14 $ $ 16,000.00 Brant Drive Bridge Repair 12-15 02/25/14 $ $ 1,50D.OD North Dixie Hwy 12-16 05/06/14 $ Inactive Water Dist System Eval FY 15 12-17 09/21/15 $ 199,682.00 ALI Ave. Bronson Ped Analysis 12-18 03/13/14 $ $ 30,000.01) CRASidewalk 12-19 11/17/14 $ $73,966.51 NW 111 Ave NW 2nd Ave WM 12-20 11/17/14 $ $ 130,990.68 NW 17th Street WM Upgrade 12-16 04/15/15 $ 89,925.00 Prospect St WM Upgrade 12-17 11/24/15 $ 90,836.00 SW 11th Ave WM Upgrade 12-18 11/24/15 $ 74,540.00 Warrant Study 12-22 03/29/16 $ 8,000.00 TOTAL $ 866,146.19 Mathews Consulting I SAp I Date jAmountofSA jAmountofSA Congress Ave Force Main 12-01 03/01/12 $ 106,291.00 Congress Ave Force Mai n- CA 12-01.1 02/15/13 $ 47,987.00 NE 1st Ave Improvements 12-02 06/19/12 $ 74,956.00 Mr Mtr/AMI System Eval 12-03 05/31/12 $ 25,910.00 Wtr Mtr/AMI Systm-Bidding 12-03.1 10/01/12 $ 7,991.00 SFWMD Red. Grant App 2013 12-04 08/08/12 $ 5,226.00 Delary Shores WM 12-05 01/17/13 $ 61,732.00 Delary Shores WM-asbestos pipe 12-05.1 08/06/13 $ 14,911.00 Wtr Mtr/AMI Systm-CA 12-06 04/03/13 $ 69,747.00 Lake Ida Area Drng Study 12-07 08/06/13 $ 14,885.00 Reclaimed Wtr-Area 12A/Phs 2 12-08 11/21/13 $ 68,305.00 SFWMD Reclm Grant App 2014 12-09 10/21/13 $ 5,226.00 Delary Shores WM-Phs2 12-10 02/25/14 $ 74,943.00 Tropic Palms 12-11 02/25/14 $ 72,746.00 Lake Ida Drng Imprvmnts 12-13 05/06/14 $ 62,696.00 Lake Ida Drng Imprvmnts-add 12-13.1 02/17/15 $ 14,911.00 Reclaimed Wtr-Area 12B 12-14 03/13/14 $ 178,176.00 Reclaimed Wtr-Area 12B -digs 12-14.1 11/17/14 $ 9,500.00 Stormwater Fee Eval 12-15 11/17/14 $ 6,393.00 Tropic Palms WM Ph 2 12-16 04/15/15 $ 89,925.00 Delray Shores WM Ph 3 12-17 11/24/15 $ 90,836.00 Reclaimed Water Master Plan 12-18 11/24/15 $ 74,540.00 LS. p1 Upgrade Study 12-19 11/24/15 $ 57,559.00 TOTAL 5 1,235,392.00 C:\Granicus\Legistar5\L5\Temp\8662f6ee-bc0e-47de-94c5-a42928f820438662f6ee-bcOe-47de-94c5-a42928f82043 Wantman Group I SAp I Date jAmountofSA Barrier Island Drng Study 12-01 11/20/12 $ 17,987.00 NE2Ave/Seacrest PH1(Ph0) 12-02 05/22/13 $ 149,201.00 System 58A&57FM Rpicmnt 12-03 01/27/14 $ 79,725.00 System 58A & 57 FM Rpicmnt 12-03.1 07/07/15 $ 27,492.56 Block 8, SW 10th Ave, SW 9th Ave 12-04 02/23/14 $ 88,582.00 LWD L-33 Culvert Report 12-05 03/06/15 $ 11,334.00 N E 2 Ave/Seacrest PH 2(Ph1) 12-06 04/27/15 $ 106,607.88 Lewis Cove Drainage 12-07 07/09/15 $ 65,321.70 Block 63 Alley 12-08 09/21/15 $ 34,637.00 Pump Sta Rehab FY15-19 12-09 10/09/15 $ 24,181.00 NE2Ave/Seacrest PH2 12-10 $ 63,448.26 NW/SW Neighborhood Alley 12-11 $ 72,995.00 Seawall and Dock Analysis 12-12 $ 28,850.00 Seawall Repairs 12-13 $ 40,000.00 ADA Beach Access Permitting 12-14 $ 11,929.00 TOTAL $ 822,291.40 -1: 71: 8TH CT. S. W. S. W. SW 10TH STREET SCHOOL N. LONGPORT CIR.. YARD 0 E5 0 HARBOR SW 9TH STRE AND SW 2ND AVE z Li ilmommmilmommolm so 09 Im 11 � Y 1■ 11! 'ILI 17, 11 �111?r7mmmm III VON MANS I ■ W 4TH STREET AND SW 7T E w a z 0 z MERRIT PARK ST. REH ESD COMPLEX CITY of DELRAY BEACH �e ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAPS DATE:03/21/2016 LOCATION MAPS Qp O©p 434 SOUTH SWNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2016-087 File #: 16-340, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 HOUSING REHABILITATION GRANT AWARD FOR 117 N.W. 11th Avenue (QUOTE 2016-066) Recommended Action: Motion to Approve acquisitions of services in the amount of $26,372.20 from Cordoba Construction Co. for work being conducted at 117 N.W. 11 th Avenue. This acquisition 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". Background: The City has been allocated $194,000 of Residential Construction Mitigation Program (RCMP) and $408,124 of Community Development Block Grant (CDBG) funds through the Florida Department of Emergency Management and U.S Department of Housing and Urban Developement to provide for the renovation or repair 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. A Housing Rehabilitation Grant is being awarded to Cordoba Construction Co., for work being conducted at 117 NW 11th Avenue, as they are the lowest responsive bidder as detailed on the attached Information Sheet. This item was bid according to Chapter 36, Section 36.02, "Methods of Acquisition" (B), "Written Quotation Method." Approval is needed for acquisition of services by Cordoba Construction Cp. in accordance with Section 36.03 (B), as this purchase will result in multiple acquisitions for services in the current fiscal year and aggregately exceed $25,000. Vendor's year-to-date purchases are currently $115,462.40 (a total of six separate projects). Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment and recording fees. Additional costs may be incurred for lead clearance test(s). All unused funds will remain with the Housing Rehabilitation Program. Inspection of work is done by the 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 City of Delray Beach Page 1 of 2 Printed on 4/13/2016 powered by Legistar'"^ File #: 16-340, Version: 1 requirements by repairing the roof, electric and plumbing systems. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Residential Mitigation Construction Program: (Funding to be added at mid -year from previous year) 118-1936-554-49.19 $15,349.10 Community Development Block Grant 118-1963-554-49.19 $11,023.10 Timing of Request: Grant agreement(s) have a deadline of June 30, 2016 and September 30, 2016, respectively, to expend and request reimbursement of funds. City of Delray Beach Page 2 of 2 Printed on 4/13/2016 powered by Legistar'"^ CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM INFORMATION SHEET BID # 2016-066 APPLICANT: Trinetta Barr PROJECT ADDRESS: 117 NW 11th Avenue DATE OF BID LETTERS: January 25, 2016 DATE OF BID OPENING: February 23, 2016 GENERAL CONTRACTORS BID AMOUNT BID BOND Cordoba Construction Co. $ 25,080.00 Yes Delmar Construction Inc. $ 25,752.00 N/A In -House Estimate: $ 25,890.84 RECOMMENDED CONTRACTOR: lCordoba Construction Co. FUNDING SOURCE: Community Development Block Grant Residential Construction Mitigation Pro. ACCOUNT # 1118-1963-554-49.19 118-1936-554-49.19 BID/CONTRACT AMOUNT: $ 10,480.00 $ 14,600.00 5% Contingency $ 524.00 $ 730.00 $ 11,004.00 $ 15,330.00 Lead Inspection N/A N/A Lead Clearance N/A N/A Termite Inspection N/A N/A Termite Treatment $ N/A Engineering Plans N/A N/A Recording Fees $ 19.10 19.10 $ 11,023.10 $ 15,349.10 Total Rehab Cost $ 26,372.20 COMMENTS: Staff recommends awarding to the lowest responsive contractor. BID /QUOTE NUMBER: 2016-066 OWNER: Trinetta Barr ADDRESS: 117 NW 11th Avenue BID ADVERTISEMENT DATE: January 25, 2016 BID OPENING DATE: February 23, 2016 0 Q.) \moo Vo Q3o�Q vo 1 Tear Off Existing Roof and Install New RCMP $ 9,922.00 $ 8,800.00 $ 11,000.00 2 Install Exterior Door $ 1,450.00 $ 1,400.00 $ 1,800.00 3 Install Hurricane Clips $ 2,800.00 $ 3,200.00 $ 1,200.00 4 Install Hurricane Garage Door $ 1,360.00 $ 1,800.00 $ 1,500.00 51 Install Impact Windows RCMP $ 6,525.00 $ 5,800.00 $ 6,252.00 6 Install Interior Garage Door $ 450.00 $ 320.00 $ 400.00 7 Repair Drywall $ 920.00 $ 480.00 $ 800.00 8 Replace Base Trim $ 357.84 $ 280.00 $ 300.00 9 Replace Carpet $ 2,106.00 $ 3,000.00 $ 2,500.00 10 $ - 11 $ - TOTAL $ 25,890.84 $ 25,080.00 $ 25,752.00 City of Delray Beach Solicitation 2016-066 Neighborhood Services Division Housing Rehabilitation Program 14-488 Bid Designation: Public City of Delray Beach Bid 2016-066 c. 1/26/2016 8:02 AM P. 1 City of Delray Beach Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program 14-488 Bid Number 2016.066 Bid Title Neighborhood Services Division Housing Rehabilitation Program 14.488 Expected Expenditure $25,890.84 (This price is expected - not guaranteed) Bid Start Date In Held Bid End Date Feb 23, 2016 2:00:00 PM EST Question & Answer Feb 16, 2016 5:00:00 PM EST End Date Bid Contact Ja'Anal Dowdell Buyer 561.243.7161 dowdell@mydeiraybeach.com Contract Duration One Time Purchase Contract Renewal Not Applicable Prices Good for 90 days Pre -Bid Conference Feb 10, 2016 11:00:00 AM EST Attendance is mandatory Location: Delray Beach City Hall 1st Floor Conference Room 100 NW 1st Avenue, Delray Beach, Florida 33444 Bid Comments Housing Rehabilitation Program Item Response Form Item 2016.066.01.01 -Total Bid Prposal Quantity 1 job Unit Price Delivery Location City of Delray Beach Neighborhood Services Community Improvement 100 NW 1ST AVENUE DELRAY BEACH FL 33444 Qty 1 Expected Expenditure $25,890.84 Description Exhibit A must be completed with detailed bid specifications Bid 2016-066 1 1/26/2016 8:02 AM p. 2 City of Delray Beach DO h W&O A 1] 4 R JNfil I.X81 on � 160 NW TEt AVENUE, DELRAY BEACH, FL 33444 Neighborhood Services Division Housing Rehabilitation Program 14-488 Feb 23, 2016 2:00:00 PM EST MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA - AL JACQUET - JORDANAJARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦ (561) 243-7161 ♦ purchasing@mydeiraybeach.com Bid 2016-066 1/26/2016 8:02 AM p. 3 City of Delray Beach Proposal Submittal Signature Page By signing this Proposal/Bid, the Proposer/Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Sianature Name and Title Date By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THE EXECUTION OF THIS CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL/BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL/BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL/BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL/BID. Bid 2016-066 1/26/2016 8:02 AM p. 4 airy or ueiray beacn bIG wi 0-u00 CITY OF DELRAY BEACH 100 NW 1St AVENUE, DELRAY BEACH, FL 33444 � M-Mrq W0'z11TM6ff1100f0V� Neighborhood Services Division Housing Rehabilitation Program (14-488) MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA - AL JACQUET -JORDANAJARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦ (561) 243-7161 ♦ purchasing(a_mydelraybeach.com 1/26/2016 8.02 AM n_ 5 City of Delray Beach CITY OF DELRAY BEACH INVITATION TO BID BID 2016-066 Title: Neighborhood Services Housing Rehabilitation Program (14-488) Vendor Name: Addenda Enclosed thru Submission Deadline: February 23, 2016 2:00 P.M. Submissions Accepted Via: Mail or in Person Submit to: City of Delray Beach Purchasing Division 100 NW 1St Avenue Delray Beach, FL 33444 Bid 2016-066 Comments: A fax or electronic copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: Bid No. 2016-066 1/26/2016 8:02 AM p. 6 City of Delray Beach CITY OF DELRAY BEACH Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program Contents INVITATIONTO BID..................................................................................................................................................2 SECTION 1: GENERAL CONDITIONS.....................................................................................................................6 SECTION 2: SPECIAL CONDITIONS......................................................................................................................23 SECTION3: SCOPE OF WORK................................................................................................................................27 SECTION 4: FORMS FOR BID.................................................................................................................................28 Forml.........................................................................................................................................................................29 Form2.........................................................................................................................................................................30 Form3.........................................................................................................................................................................31 Form4.........................................................................................................................................................................32 Form5.........................................................................................................................................................................33 Form6.........................................................................................................................................................................34 Form7.........................................................................................................................................................................35 Form8.........................................................................................................................................................................36 Form9.........................................................................................................................................................................37 Form10.......................................................................................................................................................................38 Form11.......................................................................................................................................................................39 Form12.......................................................................................................................................................................40 Form13.......................................................................................................................................................................42 SECTION5: WRITE UP............................................................................................................................................43 SECTION 6: ATTACHMENTS...................................................................................................44 Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 1 Bid 2016-066 1/26/2016 8:02 AM p. 7 City of Delray Beach CITY OF DELRAY BEACH TEL: (561) 243-7161 FAX: (561) 243-7166 PURCHASING DEPARTMENT INVITATION TO BID BID NO: 2016-066 TITLE: Housing Rehabilitation Program 14-488 ISSUE DATE: January 27, 2016 DEPARTMENT: Community Improvement (Neighborhood Services Division) DUE DATE: February 23, 2016 TIME: 2:00 PM This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. SCOPE OF SERVICES: Housing Rehabilitation Program MANDATORY PRE-BID CONFERENCE: February 10, 2016 @ 11:00 AM DUE DATE: February 23, 2016 2:OOPM at which time all bids will be publicly opened and read. INSTRUCTIONS BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync — www.bidsVnc.com Request via email purchasinq(�mydelraybeach.com City of Delray Beach — Hard copies are available at City Hall These are the only forms of notification authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. REQUIRED INFORMATION: The City bid packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non-responsive. Vendors may be required to complete and supply all information contained in the "supplemental information" portion of the packet at a date after bid opening. Failure to complete "supplemental information" requirements in a timely manner, prior to council award, may be used by the City in determining a vendor's responsibility. CORRESPONDENCE: The number of this bid packet must appear on all correspondence, or inquiries, pertaining to this bid. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 2 Bid 2016-066 1/26/2016 8:02 AM p. 8 City of Delray Beach PREPARATION COST: The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any solicitation. Bid 2016-066 NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. ADDENDA: Any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Delray Beach Purchasing Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the "specification" or "bid form", bidders shall acknowledge receipt of all addenda or they may be declared non-responsive. SAMPLES: Any catalog, brand names, or manufacturer's reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. PRICING: bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document. BILLING INSTRUCTIONS — AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1 st Avenue, Delray Beach, FL 33444. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. ERROR -QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, vendor expressly guarantees and warrants as follows: a. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. b. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor's own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. c. That the articles to be delivered hereunder will be manufactured, sold and/or installed in Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 3 1/26/2016 8:02 AM P. 9 City of Delray Beach compliance with the provisions of all applicable federal, state and local laws and regulations. d. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage -free shipment and storage. F.O.B./DAMAGE: Items shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Delray Beach assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. PAYMENT TERMS: Payment terms are net 45 unless otherwise specified by the City in the bid packet. ELECTRONIC BIDS: Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this Solicitation document. It is the sole responsibility of the Bidder/Proposer to ensure their bid reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a bid in response to a City of Delray Beach solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. Bid 2016-066 PRESENTATION OF BIDS — PAPER SUBMISSION: Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office,100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposer's name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). ALTERING BIDS — PAPER SUBMISSION: Bid prices cannot be altered or amended after submission deadline. Any inter -lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. LATE BIDS — PAPER SUBMISSION: Bid packets received in the purchasing division after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Delray Beach is not responsible for the lateness of mail carrier, weather conditions, etc. WITHDRAWAL OF BIDS: Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 4 1/26/2016 8:02 AM P. 10 City of Delray Beach BID OPENINGS: All bids submitted will be read at the City's scheduled bid opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Delray Beach purchasing guidelines, and project documents, including but not limited to the bid specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time. Bid 2016-066 MINOR DEFECT: the City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award. EVALUATION: Bids will be evaluated as outlined in the bid document. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. SPLIT AWARD: the City reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The City reserves the right to take into consideration contract administration costs for multiple award contracts when determining low bid. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall, 100 N.W. 1St Avenue, Delray Beach, Florida, first floor Conference Room. Bidders and the general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1sT Avenue, Delray Beach, Florida 33444. Bids time -stamped at TIME or later, will not be considered for award and will be returned to the Bidder INQUIRIES: Questions regarding this solicitation must be sent through email to purchasing, purchasing(c-mydelraybeach.com. To ensure a timely response, inquiries should be made by February 16, 2016 at 5:00 p.m. Information in response to inquiries may be published as an Addendum. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of one hundred eighty days (180) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 5 1/26/2016 8:02 AM P. 11 City of Delray Beach SECTION 1: GENERAL CONDITIONS Bid 2016-066 Housing Rehabilitation Program Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined: DEFINITION: Bid shall mean a bid, proposal, or quotation. Contract means the Contract executed by the City and the Contractor, of which these GENERAL CONDITIONS, PARTS I and II form a part. Bid 2016-066 Contractor means the person, firm or corporation entering into the Contract with the Homeowner to construct and install the Improvements embraced in this Contract. Engineer means the City of Delray Beach's Community Improvement Department, serving the Local Public agency with architectural or engineering services, his successor, or any other person or persons employed by said Local Agency for the purpose of directing or having in charge the work embraced in this Contract, the said engineer acting, directly or having in charge the work embraced in this Contract, the said Engineer acting directly or indirectly through any Assistant Engineer having immediate charge of a portion thereof limited by the particular duties entrusted to him. Local Government means the City (town, borough, or political subdivision) within which the Project Area is situated. Contract Documents means and shall include the following: Executed Contract, Addenda (if any), Invitation to Bid, Instructions to Bidders, Signed Copy of Bid, General Conditions; Parts I and II, Special Conditions, Technical Specifications and Drawings. Technical Specifications means that part of the Contract documents which describes outlines and stipulates; the quality of workmanship required; and the methods to be used in carrying out the construction work to be performed under this Contract. Addendum or Addenda means any changes, revisions or clarifications of the Contract Documents which have been duly issued by the Neighborhood Services Division to prospective Bidders prior to the time of receiving Bids. Secretary means the Secretary of Housing and Urban Development, or other persons who may be at the time acting in the capacity or authorized to perform the functions of such secretary, or the authorized representative thereof. SUPERINTENDENCE BY CONTRACTOR a. Except where the Contractor is an individual and gives his/her personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the City of Delray Beach, on the work at all times during working hours with full authority to act for him/her. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his/her work. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 6 1/26/2016 8:02 AM p. 12 City of Delray Beach b. The Contractor shall lay out his/her work and he/she shall be responsible for all work executed by him/her under the Contract. He/she shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his/her failure to do so. SUBCONTRACTORS Bid 2016-066 a. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he/she has submitted a non- collusion affidavit from the subcontractor in substantially the form as shown elsewhere in these Contract Documents and has received written approval of such subcontractor from the City of Delray Beach. b. No proposed subcontractor shall be disapproved by the Neighborhood Services Division except for cause. C. The contractor shall be as fully responsible to the Neighborhood Services Division for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by them, as he/she is for the acts and omissions of persons directly employed by him/her. d. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the Contract. e. Nothing contained in the Contract shall create any contractual relations between any subcontractor and the City of Delray Beach. OTHER CONTRACTS The City of Delray Beach may award, or may have awarded other contracts for additional work, and the Contractor shall cooperate fully with such other Contractors, by scheduling his/her own work with that to be performed under other Contracts as may be directly by the city of Delray Beach. The Contractor shall not commit, or permit any act which will interfere with the performance of work by any other Contractor as scheduled. FITTING AND COORDINATION OF WORK a. The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractor or material men engaged upon this Contract. He shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work. b. Pre -Construction Conference. At the awarding of the Contract and the issuance of the "Notice to Proceed" order, a pre -construction conference will be held between the Contractor and a representative of the Neighborhood Services Division and any other persons designated by the City of Delray Beach to have a material interest in the work. The time and place of this conference will be set by the Neighborhood Services Division. The Contractor shall bring with him to this conference a copy of his proposed work progress schedule for the job. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 7 1/26/2016 8:02 AM p. 13 City of Delray Beach Bid 2016-066 C. Notice to Proceed. For Contracts bearing a specified number of calendar days to complete, as stated in the bid form, effective date for starting the work shall be so stated in writing by the "Notice to Proceed" issued by the Neighborhood Services Division. The effective date of the beginning of work stipulated in the "Notice to Proceed" shall be set at a date no later than ten (10) calendar days after the date of execution of the Contract Documents, unless otherwise mutually agreed by the Contractor and the Neighborhood Services Division. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the City of Delray Beach on account of any damage alleged to have been so sustained, the City of Delray Beach will notify this Contractor who shall defend at his own expense any suit based upon such claim and, if any judgment or claims against the City of Delray Beach shall be allowed, the Contractor shall pay or satisfy such judgment or claims and pay all costs and expenses in connection therewith. PAYMENTS TO CONTRACTOR Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows: Partial payments of up to 75% of the contract amount with a 10% retention of each draw at the listed percentage work completion of the contract to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Division Office, where the contract amount for an individual project exceeds $7,000. All material and labor used in basing percentage of work completed must be in place and no payment shall be made for stored material. It is agreed that time is of the essence under this Contract, and in the event that the Contractor shall fail in the full performance of the entire work within the specified time limit, said Contractor shall be liable under the Contract for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day the Contract remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, The City of Delray Beach's Neighborhood Services Division shall exercise the right to hold back this sum from compensation otherwise paid to the Contractor for the expressed and sole purpose of authorizing the Neighborhood Services Division to transfer this sum to the appropriate Neighborhood Services Block Grant Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions. CHANGES IN THE WORK a. The Neighborhood Services Division may make changes in the scope of the work required to be performed by the Contractor under the Contract of making the Contract, and without relieving or releasing the Contractor from any of his/her obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 8 1/26/2016 8:02 AM p. 14 City of Delray Beach b. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Neighborhood Services Division authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. Bid 2016-066 C. If applicable unit prices are contained in the Agreement (established as a result of either a unit price bid or a Supplemental Schedule of Unit Prices), the Neighborhood Services Division may order the Contractor to proceed with desired united prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five percent (25%) in accordance with the Section entitled Unit Prices, under SPECIAL CONDITIONS. d. If applicable unit prices are NOT contained in the Agreement or if the total net change increases or decreases the total Contract Price more than twenty-five percent (25%), the Neighborhood Services Division shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows: (1) If the proposal is acceptable, The Neighborhood Services Division will prepare the change order in accordance therewith for acceptance by the Contractor and (2) If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Neighborhood Services Division may order the Contractor to proceed with the work on a cost-plus limited basis. A cost-plus limited basis is defined as the net cost of the Contractor's labor, materials and insurance plus fifteen percent (15%) of said net cost to cover overhead and profit, the total cost not to exceed a specified limit. e. Each change order shall include in its final form: (1) A detailed description of the change in the work, (2) The Contractor's proposal (if any) or a conformed thereof, (3) A definite statement as to the resulting change in the contract price and/or time, and (4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. CLAIMS FOR EXTRA COST a. If the Contractor claims that any instructions by Drawings or otherwise, involve extra cost or extension of time, he/she shall within ten (10) days after the receipt of such instructions and in any event before proceeding to execute the work, submit his/her protest thereto in writing to the Neighborhood Services Division, stating clearly and in detail the basis of his/her objections. No such claims will be considered unless so made. b. Any discrepancies which may be discovered between actual conditions and those Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 9 1/26/2016 8:02 AM p. 15 City of Delray Beach represented by the Drawings and Maps shall at once be reported to the Neighborhood Services Division and work shall not proceed except at the Contractor's risk, until written instructions have been received by him/her from the Neighborhood Services Division. C. If, on the basis of the available evidence, the Neighborhood Services Division determines that an adjustment of the Contract Price and/or time is justifiable, the procedure shall be as provided in Section 108 thereof. TERMINATION OF DELAYS Bid 2016-066 In the event that any of the provisions of this contract are violated by the Contractor, or by any of his/her subcontractors, the Owner, with the approval of the City of Delray Beach's Neighborhood Services Division, may serve written notice upon the Contractor of his/her intention to terminate the contract and said notices will contain the reasons for such intention to terminate the contract. The contract shall, upon the expiration of a ten (10) day period, cease and terminate, unless within said ten (10) day period after serving of notice upon the Contractor, such violation or delay shall cease and satisfactory arrangements for correction be made. In the event of any such termination, the Owner, may, for the purpose of completing the work, take over the work by entering into a subsequent contract. In this event, the Contractor shall be liable to the Owner, as represented by the Neighborhood Services Division, for any costs in excess of the contract amount stipulated herein or as amended by subsequent change orders, which are incurred in the completion of the defaulted work. The Contractor agrees to relieve this liability by providing an amount equal to the excess costs incurred. Payment shall be made to the City of Delray Beach for the expressed and sole purpose of depositing this amount in the appropriate Neighborhood Services Account as a reimbursement to the Program. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any excusable delays due to the following: 1. Acts of the Government restricting labor, equipment or materials by reason of national emergency. 2. Acts on the part of the Owner or the Neighborhood Services Division. 3. Causes beyond the control and without the fault or negligence of the Contractor including but not restricted to the following: Acts of God, acts of the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather. (This does not include stop work orders for code violations.) It shall be the responsibility of the Contractor to notify the City of Delray Beach's Neighborhood Services Division in writing of any such delay within ten (10) consecutive days. Upon receipt of such notification the Neighborhood Services Division will evaluate the cause and extent of delay. If upon the basis of the facts and the terms of this agreement, the delay is found properly excusable, the City of Delray Beach's Neighborhood Services Division shall extend the time for project completion for a period of time commensurate with the period of the excusable delay. In the event of Contract termination, the provisions of this Contract pertaining to: Conflict of Interest, Governmental Audit; and Record Retention shall remain in full force and effect until such time as the provision regarding record retention has elapsed. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 10 1/26/2016 8:02 AM p. 16 City of Delray Beach ASSIGNMENT OR NOVATION The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Neighborhood Services Division, provided, however, that assignments to banks, trust companies, or other financial institutions may be made without the consent of the Neighborhood Services Division. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed services rendered materials, tools and equipment supplied for the performance of the work under this Contract in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools or equipment. DISPUTES Bid 2016-066 a. All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR -STANDARDS PROVISION under GENERAL CONDITIONS, PART II, whether involving law or fact or both, or extra work and all claims for alleged breach of Contract shall within ten (10) days of commencement of the dispute be presented by the Contractor to the Neighborhood Services Division for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt by the Neighborhood Services Division of notice thereof. b. The Contractor shall submit in detail his claim and his proof thereof. Each decision by the Neighborhood Services Division will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to his/her last known address. If the Contractor does not agree with any decision by the Neighborhood Services Division, he shall in no case allow the dispute to delay the work but shall notify the Neighborhood Services Division promptly that he is proceeding with the work under protest and he may then exempt the matter in question from the final release. TECHNICAL SPECIFICATIONS AND DRAWINGS Anything mentioned in the Technical Specifications and not shown in the write-up, or shown in the write-up and not mentioned in the Technical Specifications, shall be of like effect as if shown on or mentioned in both. In case of difference between write-up and Technical specifications, the write-up shall govern. In case of any discrepancy in write-up or Technical specifications, the matter shall be immediately submitted to the Neighborhood Services Division, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 11 1/26/2016 8:02 AM p. 17 City of Delray Beach SHOP DRAWINGS Bid 2016-066 a. All required shop drawings, machinery details, layout drawings, etc., shall be submitted to the Neighborhood Services Division in duplicate for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking, if necessary. The contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc., until they are approved and no claim, by the Contractor, for extension of the Contract time will be granted by reason of his failure in this respect. b. Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him/her for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his/her letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of Contract price and/or time otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. C. If a shop drawing is in accord with the Contract or involves only a minor adjustment in the interest of the City of Delray Beach not involving a change in Contract price or time, the Neighborhood Services Division may approve the drawing. The approval shall be general, shall not relieve the Contractor from his responsibility for adherence to the Contract or for any error in the drawing and shall contain in substance the following: The modification shown on the attached drawing is approved in the interest of the City of Delray Beach and the Neighborhood Services Division to effect an improvement for the Project and is ordered with the understanding that it does not involve any change in the Contract Price or time; that it is subject generally to all Contract stipulation and covenants; and that it is without prejudice to any and all rights of the City of Delray Beach under the Contract and surety bond or bonds. REQUESTS FOR SUPPLEMENTARY INFORMATION It shall be the responsibility of the Contractor to make timely requests of the Neighborhood Services Division for any additional information not already in his possession which should be furnished by the Neighborhood Services Division under the terms of this Contract and which he/she will required in the planning and execution of the work. Such requests may be submitted from time to time as the need is approached, but each shall be filed in amply time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing and list the various items and the latest date by which each will be required by the Contractor. The first shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Neighborhood Services Division may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his/her work or to others arising from his/her failure to comply fully with the provisions of this Section. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 12 1/26/2016 8:02 AM p. 18 City of Delray Beach MATERIALS AND WORKMANSHIP Bid 2016-066 a. Unless otherwise specifically provided for in the Technical Specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the Technical Specifications as "equal to" any particular standard, the Neighborhood Services Division shall decide the question of equality. b. The Contractor shall furnish to the Neighborhood Services Division for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, as to type, performance characteristics, and all other pertinent information as required and shall likewise submit for approval as required full information concerning all other materials or articles which he proposes to incorporate the work. (See Section 117 thereof.) C. Machinery, mechanical and other equipment, materials and articles installed or used without such prior approval shall be at the risk of subsequent rejection. d. Materials specified by reference to the number or symbol of a specific standard such as an A.S.T.M. Standard, a Federal Specification or other similar standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation to Bid, except as limited to type, class or grade or modified in such reference. The standards referred to, except as modified in the Technical Specifications shall have full force and effect as though printed therein. e. The City of Delray Beach may require the Contractor to dismiss from the work such employee or employees as the City of Delray Beach or the Neighborhood Services Division may deem incompetent or careless or insubordinate. SAMPLES, CERTIFICATES AND TESTS a. The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the Contract documents or required by the Neighborhood Services Division, promptly after award of the Contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples of certificates have been approved in writing by the Neighborhood Services Division. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the Contract time. b. Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate of letter from the Contractor shall state that the sample complies with Contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Neighborhood Services Division in passing upon the acceptability of the sample promptly. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. C. Approval of any materials shall be general only and shall not constitute a waiver of the City of Delray Beach's right to demand full compliance with Contract requirements. After actual deliveries, the Neighborhood Services Division will have such check tests made as it deems necessary in each instance and may reject materials and equipment or accessories which for Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 13 1/26/2016 8:02 AM P. 19 City of Delray Beach Bid 2016-066 cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Neighborhood Services Division will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. d. Except as otherwise specifically stated in the Contract, the cost of sampling and testing will be divided as follows: (1) The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Neighborhood Services Division. (2) The Contractor shall assume all costs of retesting materials which fail to meet contract requirements. (3) The Contractor shall assume all costs of testing materials offered in substitution for those found deficient. (4) The City of Delray Beach will pay all other expenses. PERMITS AND CODES a. The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawings, Bid Proposal Work Write-up and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancies to the Neighborhood Services Division. Where the requirements of the Drawings, Bid Proposal Work Write -Up and Technical Specifications fail to comply with such applicable ordinances or codes, the Neighborhood Services Division will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installations is in compliance with the Drawings, Bid Proposal Work Write -Up and Technical Specifications), the Contractor shall remove such work without cost to the City of Delray Beach but a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive, if the change had been made before the Contractor commenced work on the items involved. b. The Contractor shall at his/her expense, secure and pay to the appropriate department of the Local Government the fees or charges for all permits for street paving, sidewalks, sheds, removal of abandoned water taps, sealing of house connection drains, pavements costs, buildings, electrical, plumbing, water, gas and sever permits required by the local regulatory body of any of its agencies. C. The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus, excavation material, debris and rubbish on or off the Project Area and commit not trespassing on any public or private property in any operation due to or connected with the improvements embraced in this Contract. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 14 1/26/2016 8:02 AM p. 20 City of Delray Beach CARE OF WORK Bid 2016-066 a. The Contractor shall be responsible for all damages to person or property that occur as a result of this fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the City of Delray Beach. b. In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the City of Delray Beach and/or Neighborhood Services Division, is authorized to act at his/her discretion to prevent such threatened loss or injury and he shall so act. He shall likewise act if instructed to do so by the City of Delray Beach. Any compensation claimed by the Contractor on account of such emergency work will be determined by the local Public Agency as provided in Section 109 thereof. c. The Contractor shall avoid damage as a result of his/her operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he/she shall at his/her own expense completely repair any damage thereto caused by his/her operations. d. The Contractor shall store up, brace, underpin, secure, and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations of other operations connected with the construction of the improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the City of Delray Beach from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the City of Delray Beach may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. ACCIDENT PREVENTION a. No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. b. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the City of Delray Beach may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. C. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the City of Delray Beach with reports concerning these matters. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 15 1/26/2016 8:02 AM p. 21 City of Delray Beach d. The Contractor shall indemnify and save harmless the claims for damages, resulting from property damage, personal alleged to have been suffered by any person as a result of Contract. SANITARY FACILITIES Bid 2016-066 City of Delray Beach from any injury and/or death suffered or any work conducted under this The Contractor shall furnish, install, and maintain ample sanitary facilities for the workers. As the need arises, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. USE OF PREMISES a. The Contractor shall confine his equipment, storage of materials, and construction operations to the Contract Limits as shown on the Drawings and as prescribed by ordinances or permits, or as may be desired by the Neighborhood Services Division and shall not unreasonably encumber the site or public rights-of-way with his materials and construction equipment. b. The Contractor shall comply with all reasonable instructions of the City of Delray Beach and all existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. REMOVAL OF DEBRIS, CLEANING, ETC. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights-of-way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities debris and unused materials provided for the work, and put the whole site of the work and public rights-of-way in a neat and clean condition. Trash burning on the site of the work is prohibited. INSPECTION a. All materials and workmanship shall be subject to inspection examination, or test by the City of Delray Beach at any and all times during manufacture or construction and at any and all placed where such manufacture or construction is carried on. The City of Delray Beach shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material or specified quality without charge therefore. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the City of Delray Beach may, by Contract or otherwise, have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any monies which may be due the Contractor, without prejudice to any other rights or remedies of the Neighborhood Services Division. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 16 1/26/2016 8:02 AM p. 22 City of Delray Beach b. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. (See Section 117 hereof.) All tests by the City of Delray Beach will be performed in such a manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. Bid 2016-066 c. The Contractor shall notify the Neighborhood Services Division sufficiently in advance of backfilling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Neighborhood Services Division, the Contractor shall uncover for inspection and recover such facilities all at his own expense, when so requested by the City of Delray Beach. d. Should it be considered necessary or advisable by the Neighborhood Services Division at any time before final acceptance of the entire work to make an examination of work already completed by uncovering same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15 percent of such costs to cover superintendence, general expenses and profit shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby be granted a suitable extension of time on account of the additional work involved. e. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or part will be made at the Project Site. f. Neither inspection, testing, approval nor by the City of Delray Beach or its agents shall responsibility for materials furnished or work Contract. REVIEW BY THE CITY OF DELRAY BEACH acceptance of the work in whole or in part, relieve the Contractor or his/her sureties of full performed not in strict accordance with the The City of Delray Beach, its authorized representatives and agents and the Representative for the Secretary, shall, at all time, have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however, that all instructions and approval with respect to the work will be given to the Contractor by the City of Delray Beach through its authorized representatives and agents. DEDUCTION FOR UNCORRECTED WORK If the Neighborhood Services Division deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the City of Delray Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 17 1/26/2016 8:02 AM p. 23 City of Delray Beach Beach and subject to settlement, in case of dispute, as herein provided. INSURANCE Bid 2016-066 The Contractor shall not commence work under this Contract until he/she has obtained all the insurance required under this paragraph and such insurance has been approved by the City of Delray Beach, nor shall the Contractor allow any subcontractor to commence work on his/her subcontract until the insurance required of the subcontractor has been so obtained and approved. a. Compensation Insurance: The Contractor shall procure and shall maintain during the life of this Contract Workmen's Compensation Insurance as required by applicable State or territorial law for all his employees to be engaged in work at the site of the project under this Contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. b. Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of the Contract, Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Special Conditions. c. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his/her subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Special Conditions specified in subparagraph (b) thereof. d. Scope of Insurance and Special Hazards: The Insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him/her and, also against any of the special hazards which may be encountered in the performance of this Contract as enumerated in the Special Conditions. e. Builder's Risk Insurance (Fire and Extended Coverage): Until the project is completed and accepted by the City of Delray Beach, the Contractor (at the Local Public Agency's option as indicated in the Special Conditions) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the City of Delray Beach and its agents, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his/her obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his/her Surety shall be obligated to full performance of the Contractor's undertaking. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 18 1/26/2016 8:02 AM p. 24 City of Delray Beach f. Proof of Carriage of Insurance: The Contractor shall furnish the City of Delray Beach with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Delray Beach." PATENTS The Contractor shall hold and save the City of Delray Beach, its agents, its officers, and employees harmless from liability of any nature or kind, including costs and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured in the performance of the Contract, including its use by the City of Delray Beach, unless otherwise specifically stipulated in the Technical Specifications. WARRANTY OF TITLE Bid 2016-066 No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or in any part thereof is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him/her to the City of Delray Beach free from any claims, liens, or charges. Neither the Contractor nor any person, firm or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement of appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the Contractor for their protection of any rights under any law permitting such persons to look to funds due the Contractor in the hands of the City of Delray Beach,. The provisions of this paragraph shall be inserted in all subcontracts and materials contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal Contract is entered into for such materials. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements embraced in this Contract by the City of Delray Beach of the public shall constitute an acceptance or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting there from which shall appear within a period of twelve (12) months from the date of the final acceptance of the work. The City of Delray Beach will give notice of defective materials and work with reasonable promptness. COMPLIANCE WITH AIR AND WATER ACTS In compliance with the Clean Air Act, as amended, 42 U.S.C. 1857 et. seq., The Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part, as amended from time to time, the Contractor agrees that: Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 19 1/26/2016 8:02 AM p. 25 City of Delray Beach (1) No facility to be utilized in the performance of this Contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. Bid 2016-066 (2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1251) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) He will promptly notify the Owner of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the Contract is under consideration to be listed on the EPA List of Violating Facilities. (4) He will include or cause to be included the provisions of paragraph (1) through (4) of this section in every nonexempt subcontract and that he will take such action as the Government may direct as a means of enforcing such provisions. EQUAL EMPLOYMENT OPPORTUNITY (1) If the Contract amount is $10,000 or less, the following shall apply: During the Performance of..... a. The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Owner setting for the provision of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The Contractor will cause the foregoing provisions to be inserted in all subcontracts, for any work covered by this Contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to Contracts or subcontracts for standard commercial supplies or raw materials. (2) If the Contract amount exceeds $10,000, the following conditions shall apply: During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action will include, but not be limited to the following: employment, upgrading, demotion, or transfer; Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 20 1/26/2016 8:02 AM p. 26 City of Delray Beach Bid 2016-066 recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor will send to each labor union or representative of workers with which he had a collective bargaining agreement or other Contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1865, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the Department and Secretary of Labor for purposes or investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contractor may be declared ineligible for further Government Contracts or Federally assisted construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. the Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to Protect the interests of the United States. (3) Non -Segregated Facilities a. The Contractor certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The Contractor covenants that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 21 1/26/2016 8:02 AM p. 27 City of Delray Beach Bid 2016-066 any location, under his/her control, where segregated facilities are maintained. As used in this paragraph, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating places, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin because of habit, local custom, or otherwise. The Contractor agrees that prior to award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS a. No Members of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Contract or to any benefit to arise from same: Provided, that the foregoing provision of this Section shall not be construed to extend to this Contract if made with a corporation for its general benefit. b. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the Project is located, and no other public official of such locality or localities who exercises any functions or responsibilities in connection with the Project during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in any Contract or Subcontract, or the proceeds thereof, for work to be performed under this Contract. The Contractor will include the provisions of paragraphs (a) and (b) in every Subcontract so that such provisions will be binding upon each Subcontract. SECTION 3 CLAUSE a. The work to be performed under this Contract is on a Project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, Section 3 requires that to be the greatest extent feasible opportunities for training and employment be given lower income residents of the Project area and Contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth is 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other Contract or understanding, if any, a notice advising the said labor organization of workers' representative of his/her commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 22 1/26/2016 8:02 AM p. 28 City of Delray Beach SECTION 2: SPECIAL CONDITIONS Bid 2016-066 INSPECTION OF SITE Bid 2016-066 Each bidder should visit the site of the proposed work prior to pre-bid mandatory conference and fully acquaint himself with the existing conditions there relating to construction and labor and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligations under it due to his failure to received or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the City of Delray Beach will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. 2. ALTERNATIVE BIDS No alternative bids will be considered unless specifically requested by the Neighborhood Services Division. 3. BID GUARANTY a. The Bid must be accompanied by a Bid guaranty which shall not be less than 5 percent (5%) of the amount of the Bids. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bond (at par value), or a bid bond in the form attached. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of the City of Delray Beach. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. b. Revised Bids submitted before the opening of Bids, whether forwarded by mail or fax, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid guaranty adjusted accordingly; otherwise the Bid will not be considered. C. Certified check or bank drafts of the amount thereof, Bid Bonds, and negotiable U.S. Government Bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids. 4. COLLUSIVE AGREEMENTS Each Contractor accepting a contract through the City of Delray Beach for any portion of the work contemplated by the documents on which bidding is based shall execute an affidavit substantially in the form herein provided, to the effect that he/she has not entered into a collusive agreement with any other person, firm or corporation in regard to any Bid submitted. 5. NON -SEGREGATED FACILITIES AGREEMENT Each Contractor accepting a contract through the City of Delray Beach shall execute an affidavit in the form herein providing to the effect that he/she will not maintain or provide for segregated facilities. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 23 1/26/2016 8:02 AM p. 29 City of Delray Beach Bid 2016-066 6. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Neighborhood Services Division, furnish for that purpose (a copy of which is included in the Contract Documents) a statement of the Bidders qualifications, his experience record in constructing the type of improvements embraced in the contract, his organization and equipment available for the work contemplated and, when specifically requested by the Neighborhood Services Division, a detailed financial statement. The Neighborhood Services Division shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City of Delray Beach that the Bidder is qualified to carry out properly the terms of the Contract. 7. PROJECT SITE The Project Area or Areas consists of the following: ----See Exhibit A -- - - - 8. TIME FOR COMPLETION a. The work which the Contractor is required to perform under this Contract shall be commenced at the time stipulated by the City of Delray Beach in the "Notice to Proceed" to the Contractor and shall be fully completed within (60) consecutive calendar days thereafter unless otherwise stated in the bid instructions. 9. COMPENSATION, BASIS FOR PAYMENT, AND LIQUIDATED DAMAGES Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows: a. Partial payments of up to 75% of the contract amount with a 10% retention of each draw at the listed percentage of work completion of the contract to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Office, where the contract amount for an individual project exceeds $7,000. b. All materials and labor used in basing percentage of work completed must be in place and no payment shall be made for stored material. It is agreed that time is of the essence under this Contract, and in the event that the Contractor shall fail in the full performance of the entire work within the specified time limit, said Contractor shall be liable under the Contract for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day the Contract remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, the City of Delray Beach's Neighborhood Services Division shall exercise the right to hold back this sum from compensation otherwise paid to the Contractor, for the expressed and sole purpose of authorizing the Neighborhood Services Block Grant Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions. 10. SPECIAL HAZARDS The Contractor's and his/her subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: NONE Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 24 1/26/2016 8:02 AM p. 30 City of Delray Beach Bid 2016-066 11. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY AND PROPERTY DAMAGE INSURANCE As required under Section 127 of the General Conditions, the Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $100,000 for injuries, including accidental death, to any one person, and subject to same limit for each person, in an amount not less than $300,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $50,000. The Contractor shall either (1) require each of his/her subcontractors to procure and to maintain during the life of his/her subcontract, Subcontractor's Public Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his/her subcontractors in his/her own policy. 12. BUILDER'S RISK INSURANCE As provided in the General Conditions, Section 127 (e), the Contractor will maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portions of the project for the benefit of the City of Delray Beach, the Contractor, and all subcontractors, as their interest may appear. 13. RESPONSIBILITIES OF CONTRACTOR Except as otherwise specifically stated in the Contract Documents and Technical Specifications, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence, temporary construction of every nature charges, levies, fee or other expenses and all other services and facilities of every nature whatsoever necessary for the performance of the Contract and to deliver all Improvements embraced in this Contract complete in every respect within the specified time. 14. COMMUNICATIONS a. All notices, demands, requests, instructions, approvals, proposals and claims must be in writing. b. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the Office of the Contractor stated on the signature page of the Agreement (or at such other office as the Contractor may from time to time designate in writing to the City of Delray Beach), or if deposited in the United States mail in a sealed, postage -paid envelope, or delivered by fax, in each case address to such office. C. All papers required to be delivered to the Neighborhood Services Division shall, unless otherwise specified in writing to the Contractor, be delivered to the Neighborhood Services Division, City of Delray Beach, 100 Northwest 1 st Avenue, Delray Beach, Florida 33444, and any notice to demand upon the Neighborhood Services sufficiently given if so delivered, or if deposited in the United States mail in a sealed, postage -prepaid envelope, or by fax to said Agency at such address, or to such other representatives of the City of Delray Beach may subsequently specified in writing to the Contractor for such purpose. d. Any such notice shall be deemed to have been given as the time of actual delivery of (in the case of mailing when the same should have been received in due course of post, or by fax, at the time of actual receipt, as the case may be.) This section does not apply to decision given pursuant to Section 112 (b) of this Contract. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 25 1/26/2016 8:02 AM p. 31 City of Delray Beach Bid 2016-066 15. JOB OFFICES a. The Contractor and subcontractors may maintain adequate facilities on the project area for a job office and storage facility as it is necessary for the proper conduct of the work, but only with prior approval from the City of Delray Beach. b. Upon completion of the Improvements, or as directed by the City of Delray Beach, the Contractor shall remove all such temporary structures and facilities from the site, same to become his/her property, and leave the site of the work in the condition required by the Contract. 16. PARTIAL USE OF SITE IMPROVEMENTS The City of Delray Beach, at its election may give notice to the Contractor and place in use these sections of the Improvements which have been completed, inspected and can be accepted as complying with the Technical Specifications and if in its opinion, each such section is reasonably safe, fit and convenient, for the use and accommodation for which it was intended, provided: a. The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. b. The Contractor shall not be responsible for any damaged or maintenance costs due directly to the use of such sections. C. The use of such sections shall in no way relieve the Contractor of his/her liability due to having used defective materials or to poor workmanship. d. The period of guarantee stipulated in Section 130 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 17. CONTRACT DOCUMENTS AND DRAWINGS The City of Delray Beach will furnish the Contractor without charge as many copies of the Contract Documents, including Technical Specifications and Drawings, as deemed necessary to carry out the provisions of the Contract. 18. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars $15,000. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1St Ave Delray Beach, FL 33444 Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 26 1/26/2016 8:02 AM p. 32 City of Delray Beach SECTION 3: SCOPE OF WORK Bid 2016-066 A. PURPOSE: Housing Rehabilitation Program Bid 2016-066 B. METHOD OF ORDERING: A Purchase Order will be issued for this request. Invoice(s) for service shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted to the Neighborhood Services Division, 100 NW 1st Avenue, Delray Beach, FL 33444. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Specifications" should be addressed in email to: purchasing(a)-mydelraybeach.com. D. TECHNICAL SPECIFICATIONS:: See Attachments E. BID FORMAT: Chapter 1 Bid Cover Page (Scope of Work) Chapter 2 Bid Submittal Signature Page Form 1 Chapter 3 Exhibit A Chapter 4 Forms 2-12 Chapter 5 Form 13 Acknowledgement of Addenda Chapter 6 Technical Specifications Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 27 1/26/2016 8:02 AM p. 33 City of Delray Beach Bid 2016-066 SECTION 4: FORMS FOR BID Each Proposer must complete and submit the forms included in this Section 4 of the Bid. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1. Proposer's Submittal Form 2. Bid Policy Statement Form 3 Noncollusion Affidavit of Prime Bidder Form 4 Certification Of Non -Segregated Facilities Form 5 Public Entity Crimes Form 6. Drug -Free Workplace Form 7. Conflict of Interest Form 8 Section 3 Clause Form 9 Anti -Kickback Affidavit Form 10. Certification of Eligibility of General Contactor Form 11 Best Management Practices for the Construction Industry Form 12 Generic Regulated Substances List Form 13 Acknowledgement of Addenda Exhibit A Pages (1-5) Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 28 1/26/2016 8:02 AM p. 34 City of Delray Beach Form 1 BID SUBMITTAL SIGNATURE PAGE By signing this Bid, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Signature Name and Title(Print or Type) Date By signing this document, the Proposer agrees to all terms and conditions of this Solicitation. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BIDDER NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY B I D THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS BID. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 29 Bid 2016-066 1/26/2016 8:02 AM p. 35 City of Delray Beach Form 2 BID POLICY STATEMENT 1. Bidders must be qualified, prior to the awarding of Bid. 2. Upon acceptance to the program, should a new contractor be low bidder, that new contractor is subject to being awarded only one pilot job. This pilot job will end upon final payment of project. After which the contractor shall be awarded no more than three jobs at one given time, as determined by Neighborhood Services staff. Bid 2016-066 3. No contractor shall be awarded or have under construction more than three (3) jobs at any one time. Should a contractor be low bidder on more than three (3) bids, he/she will be given the choice of which three (3) jobs he/she wants and the remainder will be awarded to the next low bidder. 4. All bids received shall fall within a 10% range of our in-house bid. Neighborhood Services Division reserves the right to award any bid not within the 10% range to the next lowest bidder within the 10% range, after consultation with the low bidder. 4. Should there be any large difference between any line item on the In-house Estimate and the contractor's bid estimate, the contractor and Neighborhood Services Representative shall meet and make necessary adjustments to insure equitable payments. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 30 1/26/2016 8:02 AM p. 36 City of Delray Beach Form 3 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida} County of Palm Beach} ss. being first duly sworn, deposes and says that: He is of submitted the attached Bid: the Bidder that has Bid 2016-066 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Delray Beach or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed (Title) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20, by Notary Public Personally Known OR Produced Identification Type of Identification Produced: Seal Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 31 1/26/2016 8:02 AM p. 37 City of Delray Beach Form 4 CERTIFICATION OF NON -SEGREGATED FACILITIES Bid 2016-066 The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in the certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The bidder agrees that (excepts where he has obtained identical certification from proposed sub -contractors for specific time periods) he will obtain identical certifications from proposed sub -contractors prior to the award of sub -contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. DATE: 120 Official Address: (zip code) BY: (Title) Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 32 1/26/2016 8:02 AM p. 38 City of Delray Beach Bid 2016-066 Form 5 PUBLIC ENTITY CRIMES NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub -Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Signature Firm Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20, by Notary Public Personally Known OR Produced Identification Type of Identification Produced: SEAL Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 33 1/26/2016 8:02 AM p. 39 City of Delray Beach Form 6 DRUG-FREE WORKPLACE If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: Bid 2016-066 IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name Signature Name and Title(Print or Type) Date Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 34 1/26/2016 8:02 AM p. 40 City of Delray Beach Form 7 CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Bid 2016-066 Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest in the Proposer's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this proposal. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 35 1/26/2016 8:02 AM p. 41 City of Delray Beach Form 8 SECTION 3 CLAUSE Bid 2016-066 A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 36 1/26/2016 8:02 AM p. 42 City of Delray Beach Form 9 ANTI -KICKBACK AFFIDAVIT State of Florida } SS: County of Palm Beach Bid 2016-066 I, the undersigned, herby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Delray Beach, its elected officials, and the Community Improvement Department or its design consultants, as kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. Signature Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20 by Notary Public Personally Known OR Produced Identification Type of Identification Produced: Seal Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 37 1/26/2016 8:02 AM p. 43 City of Delray Beach Bid 2016-066 Form 10 CERTIFICATION OF ELIGIBILITY OF GENERAL CONTRACTOR BEFORE ME, the undersigned authority, personally appeared , who, after being by me first duly sworn, deposes and says of his/her personal knowledge that (1) He/she is the of , hereinafter referred to as the "General Contractor"; who submitted a proposal to perform work for the following project: Project Name: (2) He/she is fully informed that the Proposal submitted for work to be performed under the above mentioned contract, is being funded, in whole or in part, by a Federally -assisted or insured contract; and (3) The General Contractor nor any of its officers, partners, owners or parties of interest is not named on the current General Services Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs prior to award of the contract; and (4) The General Contractor acknowledges that should the contractor be subsequently found ineligible after award of the contract, its Construction Contract shall be terminated and the matter referred to the Department of Labor, the Department of Housing and Urban Development, or the General Services Administration for its action; and (5) The General Contractor acknowledges the responsibility of informing all of its subcontractors that this contract is being funded, in whole or in part, by a Federally - assisted or insured contract; and (6) The General Contractor acknowledged the responsibility that all of its subcontractors are to sign a "Certification of Eligibility of Subcontractors: as a part of its contract with such subcontractors, and that the "General Contractor" will retain such certifications in its files. Furthermore, should the subcontractor be subsequently found ineligible after award of the Construction Contract, its contract with the "General Contractor" shall be terminated and the matter referred to the Department of Labor, the Department of Housing and Urban Development, or the General Services Administration, for its action. Signature STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20, by Notary Public Personally Known OR Produced Identification Type of Identification Produced: Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 38 1/26/2016 8:02 AM p. 44 City of Delray Beach Form 11 CERTIFICATION OF ELIGIBILITY OF SUB -CONTRACTORS (for use by Subcontractors) Bid 2016-066 Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion -Lower -Tier Covered Transactions pursuant to 24 CFR, Code of Federal Regulations, Part 24.510(b) and HUD Handbook 1300.13 REV.1: (1) By signing and submitting this proposal, the prospective lower -tier participant, certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transition by any Federal department or agency. Further, I, we, provide the certification set out below: I, and any principals of my firm, understand that the certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that I, we, knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies. (2) Further, I, and any principal of my firm, shall provide immediate written notice to the person to which this proposal is submitted if at any time I, we, learn that my/our certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (3) By submitting this proposal, I, and any principals of my firm, agree that should the proposed covered transaction be entered into, I, we, will not knowingly enter into any lower -tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction unless authorized by the agency with which this transaction originated. (4) I, and any principals of my firm, further agree by submitting this proposal that I/we, will include this Certification, without modification, in all lower tier covered transactions and in all solicitations for lower -tier covered transacting. Firm Name Signature Name and Title(Print or Type) Date Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 39 1/26/2016 8:02 AM p. 45 City of Delray Beach Form 12 BEST MANAGEMENT PRACTICES FOR THE CONSTRUCTION INDUSTRY Bid 2016-066 A. The general Contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for the handling of any Regulated Substances. For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. B. If any regulated substances are stored on the construction site during the construction process, they shall be stored in a location and manner which will minimize any possible risk of release to the environment. Any storage container of 55 gallons, or 440 pounds, or more containing Regulated Substances shall have constructed below it an impervious containment system constructed of materials of sufficient thickness, density and composition that will prevent the discharge to the land, groundwater, or surface waters, of any pollutant which may emanate from said storage container or containers. Each containment system shall be able to contain 150% of the contents of all storage containers above the containment system. C. Each contractor shall familiarize him/herself with the manufacturer's safety data sheet supplied with each material containing a Regulated Substance and shall be familiar with procedures required to contain and clean up any releases of the Regulated Substance. Any tools or equipment necessary to accomplish same shall be available in case of a release. D. Upon completion of construction, all unused and waste Regulated Substances and containment systems shall be removed from the construction site by the responsible contractor and shall be disposed of in a proper manner as prescribed by law. Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 40 1/26/2016 8:02 AM p. 46 City of Delray Beach Bid 2016-066 GENERIC REGULATED SUBSTANCES LIST Regulated Substances are substances that may cause significant harm to human health and the environment (including surface and groundwater). The Palm Beach County Unified Land Development Code (ULDC) Article 14 Chapter, Wellfield Protection, regulates that storage, handling, use and production of Regulated Substances within wellfield zones which may impair present and future drinking water supplies. In addition, the ULDC, Article 4 Chapter D. Excavation requires that Best Management Practices for the Construction Industries be followed for Agricultural, West County Agricultural Area, TYPE II, TYPE IIIA and TYPE IIIB excavation activities. Substances and materials from the following categories that are stored, handled, used or produced, and located within a wellfield zone or located on property as part of excavation activities are considered to be Regulated Substances. Acid and basic cleaning solutions Antifreeze and coolants Arsenic and arsenic compounds Bleaches and peroxides Brake and transmission fluids Braine Solution Casting & Foundry chemicals Caulking agents and sealants Cleaning solvents Corrosion and rust prevention solutions Cutting fluids Degreasing and parts cleaning solvents Disinfectants Electroplating solutions Explosives Fertilizers Fire extinguishing chemicals Food processing wastes Formaldehyde Fuels and fuel additives Glues, adhesives and resins Greases Hazardous waste Hydraulic fluid Indicators Industrial and commercial janitorial supplies Industrial process chemicals Industrial sludge and still bottoms Inks, printing and photocopying chemicals Laboratory chemicals Liquid storage batteries Bid 2016-066 Medical, pharmaceutical, dental, veterinary and hospital solutions Mercury and mercury compounds Metal finishing solutions Oils Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds Painting solvents PCB's Pesticides and herbicides Plastic resins, plasticizers and catalysts Photo development chemicals Poisons Polishes Pool chemicals Processed dust and particulates Radioactive sources Reagents and standards Refrigerants Roofing chemicals and sealers Sanitizers, disinfectants bactericides and algaecides Soaps, detergents and surfactants Solders and fluxes Stripping compounds Tanning industry chemicals Transformer and capacitor oils/fluids Waste oils and antifreeze Water and wastewater treatment chemicals Neighborhood Services Division Housing Rehabilitation Program (14-488) 41 1/26/2016 8:02 AM p. 47 City of Delray Beach Bid 2016-066 Form 13 ACKNOWLEDGMENT OF ADDENDA The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this Bid. The Proposer acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF TITLE OFSIGNATURE OF NUMBER RECEIVED PROPOSER'S PROPOSER'S PROPOSER'S AGENT AGENT AGENT Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 42 1/26/2016 8:02 AM p. 48 City of Delray Beach SECTION 5: WRITE UP Bid No. 2016-066 Housing Rehabilitation Program A. COST: Complete Exhibit A • Case 14-488 — 117 NW 11th Avenue, Delray Beach, FL 33444 Bid 2016-066 B. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? ❑ Yes ❑ No C. BID INFORMATION WAS OBTAINED FROM: Bid 2016-066 ❑ BidSync ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Neighborhood Services Division Housing Rehabilitation Program (14-488) 43 1/26/2016 8:02 AM p. 49 City of Delray Beach SECTION 6: ATTACHMENTS Bid No. 2016-066 Housing Rehabilitation Program EXHIBIT A Contractor Bid Proposal Pages (1-5) Technical Specifications Pages (1-31) Bid 2016-066 Neighborhood Services Division Housing Rehabilitation Program (14-488) 44 Bid 2016-066 1/26/2016 8:02 AM p. 50 Neighborhood ood Services Division City of Delray Beach Cit -Y of Delra-Y Beach 100 NAI 1st. -venue; Delra�Beech; FL 334 1 Phone: 561-243-7200 Fax_v' 561-243-7221 Contractor Quote Proposal Property Information: 117 NW 11th Avenue Delray Beach FL 33444 - Owner: Trinetta Barr 117 NW 11th Avenue Delray Beach FL 33444 - Signed: Case Number QUOTE TOTAL $: 14-488 QUOTE OPENING DATE See Instructions to Bidder CONTRACTOR INFORMATION Name: Contact Person: Address: Voice: Cell: email: Dake: 2016 The above contractor's signature hereby declares he/she has received a copy of the Neighborhood Services Division's Instructions to Bidders which includes General Conditions, Parts I and II as well as Special Conditions. By signing this proposal the contractor is asserting he/she has made a full examination of the existing condition of the location of where the scope of work on this project is to be performed. The contractor hereby also declares that in order to complete the full scope of work he/she agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and all other necessary items which are to be included in the quote amount submitted above within the following time frame: Quoted work will start permit process within five (5) days of the date on the Notice to Proceed. The notice establishes that the work be completed within forty five (45) days of permit issuance. The contractor understands that the right is reserved by the property owner and the City of Delray Beach, Neighborhood Services Division to reject any and all quotes. 1/26/2016 8:02 AM p. 51 Contractor Quote Case# 14-488 City of Delray Beach Exterior Roof Coveri 1 Tear Off Existing Roof and Install New 2200 SF 16 RCMP $ Bid 2016-066 Remove enure sloped roof covering- Replace damaged sheathing, replace repair damaged rafters and related roof components- Contractors shall include in their bid replacing up to 48 If of rafter/trusses top chards, and up to "55" full sheets of sheathing or 160 sq ft of exposed planking if needed Damage in excess of " Sheets of sheathing or 160 sq ft of planking and up to 48 if of rafter truss top chords shall be addressed in a change order - Replacement sheathing shall be minimum 19 32" p y-�vood but mai- be thicker to match existing sheathing- In instances -where the sheathing is an exposed ceiling, replacement sheathing shall match existing and mai be planks - Contractors shall submit the installed Lunt cost for change order material above the covered damage as folloNvs: Sheet ofpl�7vood sheathing (each) above the covered ; sheets Square foot of planking above the covered 166 sq ft Liner foot of raftertrusses top chords above the covered 48 1f Plywood sheathing joints shall be covered with a 4"-6" self -adhering bitumen.. and plank or tongue and groove sheathing shall be covered with a doable laver of AST' -Ni 30 lb. felt paper. Secondarywater barrier ) ill be auulied dir•ectiv to the til hood sheathing. Contractor shall submit uhctos of the secondar v water barrier when requesting payment for this item. _Al roof sheathing decking nailing shall be brought up to meet the 2014 Florida Building Code- Existing fasteners may be used to partially satis6- this requirement and additional nailing shall consist of the required ring shank nails - Install m -c (2) lavers of AST -M 30 lb- telt paper for roof vith a slope of less than 4" to 1'- Then install 40 year rated quality or equal laminated (dimensional) shingle- self-sealing: fuungus resistant fiberglass shingles, to meet the 2014 Florida Building Code- Install new ridge vent per shingle manufacturer's specifications over all roofridge- Neiw 3" 3" metal drip edge (see note below) and flashing shall be installed throughout the entire: roof system- The entire new roof system shall conform to building code of the Citi.- ofDelraty Beach Building Department - Note 1: Contractor shall submit an at-idavit to Citi" of Delray Beach Neighborhood Services Division to the at'tect that the sheathing'decking nail fastening specification described in this line item has been met - Note 2: Contractor shall replace exiting 1 "x 2" build -out for the drip edge at the top of fascia- If no 1 "m 2" exists at the top of the fascia, the contractor shall install all nein- 1 "x 2" primed and painted to match existing fascia color - Note 3: The metal drip edge shall be a minimum 3""x 3""- Fastening of the drip edge shall be -,with nails placed into the sheathing, roof rafter, truss, or sub -fascia- No fasteners shall penetrate into the fascia or 1x2 good drip edge nailer- ote 4: Thus item wll hare: a mandator- inspection-,vithl the rehabilitation inspector. Note 5: 0,;vner shall have choice of shingle color - **Note 6: One 36" laver of self -adhering modified underlayment shall be placed Aove flashing in all valleys. Side Walls 2 Install Exterior Door 2 EA 16 RCMP $ Remove the existing front and garage door andjamb-. prepare sufficient door bucks, and install a pre -hung metal clad six (6) panel doors. The doors must be Hurricane Impact Test Rated. Patch to match interior and exterior ;,-,-all%, install nev- interior wood casing and exterior '�E-ood brick mold. Pre=pare ne-,i- door assembly for painti g b�- 1 /26/2016 8:02 AM p. 52 Contractor Quote Case# 14-488 City of Delray Beach semi -gloss paint to match existing finishes - Bid 2016-066 Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F-51 and matching deadbolt or approved equal deadbolt keyed one side to the locl-et, peep hole, vinyl bubble-.veatherstripping.'yind crash chain stop, and alLuninum threshold_ Note 1: Door paint color choice shall be by ov,-ner in accordance deed restrictions. homeo-,%-tier's association and building code of jurisdiction- Contractor shall oomph- -,with manufacturer recommended time intervals; bet ,-een coats of paint and _hall deliver a smooth full paint coverage- Roller and brush marks. runs; orange peels, and other defective paint application shall not be accepted. Note 2: Touch-up paint affected banishes resulting from the replacement of the door(s)- to match existing as close as possible- Ituspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 3: Contractor shall submit Impact Resistant Rated --\Ltami-Dade Count- or current 0,14 Florida Building Code product approvals.' stamped by the Delray.- Beach Building Department, -,yith this Project'sclose-out package. Door assembly- shall meet Dade County and Florida Building Code product approval v%ithout using interior slide bolts. Note 4: A landing is required according to code- In the absence of a landing, Contractor shall construct a concrete landing in front of the door as required by code, (or-,vhere: a larAiing exists; Contractor shall re-construct'modif,- the 3 Install Hurricane Straps/Clips 16 RCMP $ Remo -e sheathing. platildng to expose trtss'�vall connection prepare area and install Simpson hurricane clips "HO.k16" or equal ivith a minimum 520 lb up lift on side, oftruss-replace sheathing: re -nail to 22014 Florida Building Code and install secondary- v-ater barrier and corer Nyith nevy felt.tin tag, and roofing material to match existing as chose as possible when needed - Note: Inspector must be called v, -hen clips are installed before opening is closed- Or the contractor will be responsible for the cost exposing clips and re -closing opening as determined by the inspector. 4 Install Impact Garage Door 1 Ea 16 RCMP $ Install ne-,-,- corrispondingly sized steel door complete v ith all springs: pullys and rollers needed to be operate..The door -vill be 'Hurricane Impact Resistant"- In= -tall Folloiving the manufactures instructions -Repan- all damage to finish of opening theta paint garage door ivith one coat of primer and nvo coats of base to home oivners preference - Contractor shall submit Impact Resistant Rated Miami -Dade Count- or Florida BLulding Code product approvals. stamped by the Delray Beach Building Department -,yth this Project's close-out package- Door assembly shall meet Dade Count- and Florida Building Code - 5 Install Impact Windows 9 NO 16 RCMP $ Remove XLL existing v indo-,ys- Replace ivindows, wall int=rile resistant jingle hung Vindows v ith aluminum framed screen- Bathrooms shall have obscure ==las_- One egress -,window shall be installed in each sleeping room- If existing-,vindo-vv sills are disturbed-. replace vnth bull nose the or marble sill(s)- Provide Modifications to openings and electric if necessary to accommodate the ne-,a- �vindo-,vs. _fissile resistant ivindows must be D_ DE COUNTY CER111FIED. Contractor to conform to the RRP rule inculdML7 all tesHn2 and clearances deeded Note 1: Contractor shall sLubrnit Dade C.oLinty Product approvals, stamped by the Building Department of jurisdiction vith this. Project's close-out package. 1/26/2016 8:02 AM p. 53 Contractor Quote Case# 14-488 City of Delray Beach Bid 2016-066 Note ?: Patch holes and touch up the paint patches and discolored finish resulting from the removal of existing to match existing as close as possible Inspector shall be responsible for determining if the touch- up paint matches as close as possible_ Total for: Exterior 1/26/2016 8:02 AM p. 54 Contractor Quote Case# 14-488 City of Delray Beach Infarinr Interior Walls Bid 2016-066 6 Install Interior Garage Door 1 NO 0 $_____ Provide and install flush door of same tape and dement ons complete -,with lockset and doorstop_ Include any repair to walls to bring to original condition - 7 Repair Drywall 160 SF 0 $_____ Cut out affected area square:, install nevv material flush -,with existing surface-. tape all joints and finish ,vith 3 coat process Location: Front bedroom East liking room �val1 master bedroomEast wall - 8 Replace Base Trim 72 LF 0 $_____ Replace base trim throughout the house including the bathroom Fill all nail holes and joints; apple one (1) coat of primer sealer and m -c (-) j coats of semigloss paint. Paint calor shall be the wvner's choice - 9 Replace Carpet 900 SF 0 $____ Scrape and clean floor free of all debris_ Patch all cracks anduneven sub -floor in the affected areas to ensure smooth uniform surface to ensure smooth uniform surface_ Remove all shoe molding and touch up paint on baseboards_ Install ne-,v carpet CoronetNev,- Yorker or pre approved equal_ Specs- Face Weght: 25_5 Cbz_, T -vi st: 4_00, P_A_R_ Rating: 3.75, install over a 6 lb_ "Rebound" padding- Colors: Choice by o-vner from contractor supplied sample boards_ Note: Remove any exists T shoe molding: till nod holes, and touch up base molding ,�{Aith paint to matching match existing �as close as possible_ Location Front and rear bedroom Total for: Interior $ Quote Total Cost: $ 1/26/2016 8:02 AM p. 55 City of Delray Beach Bid 2016-066 [IN OF DELRAY BENIN tto NEIGHBORHOOD SERVICES DIVISION TECHNICAL SPECIFICATIONS 9 tHSYG�rtv o ftesea�s�i£ a I O F Fps IrS 7N THE PE©Q1� 1/26/2016 8:02 AM p. 56 SPECIFICATION NO. City of Delray Beach TECHNICAL SPECIFICATIONS TABLE OF CONTENTS MATERIALS AND PRODUCTS rFNFRAI 1 Concrete - General Specifications 2 Piers - Bases 3 Steps 4 Footings/Foundations 5 Masonry Walls 6 Concrete Block Walls 7 Handrails, Columns and Posts 8 Concrete Slab 25 FRAMING 9 Carpentry - General Specifications 10 Floor Framing 11 Wall Framing Specifications 12 New Stud Wall 13 Roof Framing - General Specifications (Rafters) 14 Roof Framing - General Specifications 15 Attic Ventilation 16 Under - Floor Space Ventilation FLOORING 17 Flooring - Repair 18 Plywood Flooring and Repairs 19 Floors, Sand and Varnish 20 Exterior Flooring 21 Oak Flooring 22 Pine Flooring 23 Floor Covering 24 Flooring Covering - Tile and Underlayment 25 Floor Covering - Sheet Vinyl 26 Floor Covering - Ceramic 27 Base and Shoe Molding Bid 2016-066 1/26/2016 8:02 AM p. 57 City of Delray Beach SPECIFICATION NO. WALL FINISH 28 Wall Finish - Plaster/Drywall 29 Wall Finish - Drywall 30 Wall Finish - Drywall over Furring Strips 31 Wall Finish - Paneling 32 Wall Finish - Ceramic Tile - Thick Bed 33 Wall Finish - Ceramic Tile - Thin Set 34 Fixture Set 51 CEILING FINISH 35 Ceiling Finish - Drywall 36 Ceiling Finish - Drywall over Furring Strips 37 Drop Ceiling - Drywall 38 Ceiling Finish - Tile 39 Suspended Ceiling 40 Ceiling Finish - Plaster/Drywall 41 Scuttle Holes Window Screen - Aluminum Frame 51 WINDOWS AND DOORS 42 Windows and Doors — Repair 42a Hurricane Shutters 43 Doors - General Specifications 44 Wood Screen Door 45 Aluminum Screen Door 46 Garage Door and Framing - New 47 Window - General Specifications 48 New Window Installations (Framing) 49 Window - Wood - New Sash 50 Window Screen - Aluminum Frame 51 Screen — Re -screen EXTERIOR SIDING AND TRIM 52 Exterior Siding and Trim Replacing 53 Exterior Siding and Grim - Novelty 54 Exterior Siding - Asbestos and Trim 55 Exterior Siding - Aluminum 56 Trim and Aluminum 57 Exterior Siding - Stucco 58 Soffit and Fascia - Aluminum 59 Soffit and Fascia - Framed Aluminum 2 Bid 2016-066 1/26/2016 8:02 AM p. 58 City of Delray Beach SPECIFICATION NO. ROOFING AND TRIM 60 Eaves Repair 61 Soffit - Eaves 62 Soffit - Framed 63 Gutter, Downspouts - Aluminum Baked Enamel 64 Roof - General Specifications 65 Roofing - Selvedge Edge 66 Roofing - Built-up (Tar and Gravel) 67 Roofing - Metal 68 Roofing - Strip Shingles (Asphalt) CABINETS 69 Cabinet - Vanity 70 Cabinet - Medicine 71 Cabinet - Kitchen Base 72 Cabinet- Kitchen Upper 73 Counter Top 74 Closets 75 ELECTRICAL 76 APPLIANCES 77 HEATING 78 PLUMBING 79 FENCES 80 DEBRIS - Demolish and Remove from Premises Haul Away Debris 81 PEST EXTERMINATION 82 PAINTING - General Specification 83 LANDSCAPING (Single Family) 84 WALKS 3 Bid 2016-066 1/26/2016 8:02 AM p. 59 City of Delray Beach SPECIFICATION NO. 85 BLACKTOP DRIVES 86 CONCRETE DRIVES 87 CARPETING 88 INSULATION 89 LANDSCAPING CONTINUED (ADDENDUM) 90 LAWN SPRINKLERS 91 WELLS FOR NON -POTABLE WATER; SPRINKLER SYSTEMS 92 ACCEPTABLE MATERIALS FOR WELL SYSTEMS Bid 2016-066 1/26/2016 8:02 AM p. 60 City of Delray Beach Bid 2016-066 TECHNICAL SPECIFICATIONS These specifications are intended to be used with a "Bid Proposal Work Write-up". Specific items on these sheets intended to be used for bidding will be referred to on the "Work Write-up Sheet". The phrase "or equal" shall be interpreted to mean equal in quality and integral properties and similar in design. All materials and workmanship shall comply with applicable codes and requirements of the International Construction Code. All necessary permits, as determined by the Building Department, are to be properly displayed and posted on the job site. The Building Inspector is to be given a copy of the approved set of plans, if any, prior to the commencement of work. Substitutions will be accepted at the discretion of the Department. MATERIALS AND PRODUCTS OBJECTIVE To provide materials of such kind and quality as to assure that the dwelling will provide: a. appropriate structure strength b. adequate resistance to weather and moisture C. reasonable durability and economy of maintenance LITY OF MATERIALS AND PRODUCTS All materials and products used as replacements or additions in rehabilitation construction shall be of good quality conforming to generally accepted good practice. The suitability of special materials and products not conforming to a national standard shall be determined by proper authority, after an evaluation of its properties and performance characteristics. STANDARDS FOR MATERIALS AND PRODUCTS For specific requirements of new materials and products used as replacements or additions to dwellings being rehabilitated, reference shall be made to the South Florida Building Code, International Construction Code and the standards of the American Society for Testing Materials. CONCRETE - GENERAL SPECIFICATIONS These general specifications are mandatory where applicable. a. No concrete is to be placed over grass, roots or foreign material. b. All reinforcing shall be free of scale, rust or coatings that reduce concrete bond. C. All reinforcing rods shall be deformed, as per A.S.T.M. Designation A305. 5 1/26/2016 8:02 AM p. 61 City of Delray Beach d. All concrete slabs shall be separated from existing construction by 1/2" asphalt - impregnated expansion joint materials. e. Fill dirt shall be clean, compacted and free of deleterious material. See Table 6. f. All materials used for concrete forms shall be removed after concrete has set. Voids in exposed concrete surfaces will be filled with cement paste and dressed smooth. 2. PIERS - BASES Piers shall be solid, one-piece, reinforced concrete (2500 psi) minimum dimension 8"x8" - height equal to distance from bottom of joist or sill to existing ground surface. See Table 5. Bases shall be minimum 8" thick concrete (2500 psi 16"x16") or larger. Bases must be set on firm soil below existing ground level. See Table 6. 3. STEPS a. Steps shall be standard size on a concrete 8"x16" footer b. Hollow Poured - Steps shall be formed and poured over 8"x16" footer. Wall thickness shall be minimum 4". C. Frame - Steps shall be P.T. 2"x12" stringer, 1"x8" riser, 1-1/8"x12" bull nose, P.T., stair stock tred, 8"x16" footer. d. Other - Any other type steps not listed will be written in detail on Bid Specifications. e. Minimum tread size 12". Maximum riser height 8" on all steps. f. Supply handrails as required by any applicable codes. 4. FOOTINGS/FOUNDATIONS Footings shall be minimum 2500 psi reinforced concrete. Reinforcing steel shall be deformed 20,000 psi, minimum lap of 19 bar diameters. Footing reinforcement per Building Code, The form work shall be used when existing soil is not sufficiently firm to retain concrete pour. No concrete shall be poured over grass, roots or foreign matter. See Table 5. 5. MASONRY WALLS a. Masonry walls shall be nominal 8"x8"x16" hollow masonry block laid with full mortar bedding in a running bound, per Building Code, and any applicable local amendments. For types of mortar, see Tables 1 and 2. b. Masonry walk repair shall be finished in a workmanship like manner. L Bid 2016-066 1/26/2016 8:02 AM p. 62 City of Delray Beach 6. CONCRETE BLOCK WALLS Exterior shall be constructed on 10"x16" continuous footer with 2, 5/8" deformed steel rods, hung per Building Code, and any applicable local amendments 8"x8"x16" masonry blocks set in approved mortar mix, top course shall be "U" lintel blocks with one (1) 5/8" deformed steel rod hung and rebared per Building Code, and any applicable local amendments, and filled with 2500 psi concrete or equal. See Table 4. 7. HANDRAILS. COLUMNS AND POSTS a. Wooden posts, handrails and columns shall be equipped with metal plinth. Wrought iron of 4"x4" pressure treated posts as specified. b. Handrails shall be as specified. 8. CONCRETE SLAB All concrete slabs shall be minimum 4" thick, 2500 psi concrete. Reinforcing shall be 6"x6" No. 10/10 welded wire fabric. No concrete to be placed on grass, roots, or foreign matter. All back fill shall be well tamped and level before placing of concrete. Top of slabs poured on existing grade shall be minimum of 4" above surrounding soil. Comply to any local applicable amendments pertaining to reinforcement or design. 9. CARPENTRY - GENERAL SPECIFICATIONS These general specifications are mandatory where applicable. a. All wood in contact with concrete, earth, or within 12" of ground shall be pressure treated. b. Furring strips applied to masonry shall be 1 "x2" pressure treated No. 2 yellow Pine or other approved materials. C. All structural timbers shall be No. 2 yellow Pine, or other approved materials. d. All studs shall be No. 2 grade Fir or No. 2 Yellow Pine, or other approved materials. e. Exterior exposed woodwork: "C" and better grade Douglas Fir, Cypress, Redwood or Cedar. f. Interior wood work and trim: "C" or better grade Douglas Fir, Ponderosa Pine or clear, ship grade pine, or other approved materials. g. All studs shall be 16" o.c. All load bearing stud walls shall have double top plates of equal quality to studs. 7 Bid 2016-066 1/26/2016 8:02 AM p. 63 City of Delray Beach 10. FLOOR FRAMING All new or replaced floor joists shall be supported at their extreme ends by either a 2" or 4" ledger or metal joist hanger. Toe nailing only will not be acceptable. No splicing of floor joists between supports will be permitted. All floors shall be properly reinforced as per building code. Remove deteriorated floor joists and replace with new joists of No. 2 Southern Pine, construction Fir or other approved materials and have same dimensions as old joists. 11. WALL FRAMING SPECIFICATIONS a. Unless plywood sheathing or other approved materials are used, new corner posts on exterior wooden walls shall be diagonally braced with 1 "x4" ledger bracing on both sides of corners at a 45 degree angle. New studs in existing or new walls shall be spaced on 16" centers. b. All load bearing stud walls shall have double top plates. All headers and Lintels over doors and window openings shall be double, as per Building Code and any applicable local amendments. 12. NEW STUD WALLS Build a new stud wall as described in specifications. Studs shall be nominal 2"x4" on 16" centers. Sole plates shall be pressure treated if laid on masonry or concrete and anchored at 4'-0" with 1/2" anchor bolts or acceptable equal. 13. ROOF FRAMING - GENERAL SPECIFICATIONS (RAFTERS All damaged or deteriorated rafters shall be removed entirely. No splicing of any rafter will be permitted, unless specified. When rafter tails are to be replaced, they shall be cut back and replaced with a new tail which extends back a distance equal to the overhang. New rafter tails shall be of same dimension as the old and attached by nails driven through roof sheathing from top side. All work to be as per code. No toe nailing will be allowed. Approved trusses may be used when specified. Collar ties shall be installed on all new rafters. Ties shall be 1 "x6" Pine or Fir and located in the middle third of the rafter length. All saw cuts on roof framing and rafters shall be to the line and closely fitted. 14. ROOF FRAMING - GENERAL SPECIFICATIONS When a ridge board is to be installed, it shall be a minimum of 1" in thickness and not less in depth than the cut end of the rafters it joins. :V Bid 2016-066 1/26/2016 8:02 AM p. 64 City of Delray Beach Ceiling joists and rafters shall be nailed to each other where possible. Ceiling joists shall be continuous or joined together over a partition to provide a continuous tie across the building. Plywood sheathing shall be a minimum 4"x8"x1/2" thick with butt clip between rafters when on 24" centers. Solid sheathing shall be 1"x6" minimum. Strip sheathing shall be 1"x4" on 12" centers. All end joints shall be made over rafter. Sheathing supporting verge or trim rafter shall extend back onto roof minimum of 4". Other approved materials acceptable per code. When replacing a fascia board, its length shall be sufficient to reach a minimum of 3 rafter ends with the remaining pieces not being less than 6 feet. 15. ATTIC VENTILATION All roofs with attic space should be adequately vented as per code. by one or more of the following means: a. Gable Vents Soffit Vents C. Re -screening d. Roof Turbine Ventilator 16. UNDER -FLOOR SPACE VENTILATION a. Vent Covering Cover vents indicated on work write-up by covering with a corrosion -resistant wire mesh not greater than one-half (1/2) inch nor less than one-fourth (1/4) inch in any direction. New Vents The minimum total area of ventilating openings shall be proportioned on the basis of 1 square foot for each 150 square feet of floor plan. One such ventilating opening shall be within 3 feet of corner of said building. 17. FLOORING - REPAIR All damaged, loose or broken sub -flooring shall be repaired or replaced before installation of a finished floor. Spot repairing on existing tongue and groove flooring which shall be made so that end joints occur over floor joists. Adjacent end joints shall be staggered. Replaced flooring shall match existing in size, quality and finish unless otherwise specified. Flooring and floor covering, when repairing, shall extend into closets and storage area. Bid 2016-066 1/26/2016 8:02 AM p. 65 City of Delray Beach Three-fourths (3/4) inch exterior Grade Plywood, or 5/8" approved underlayment grade per code may be used as a substitute when underlayment of floor covering is to be applied. Interior Plywood with Exterior Glue also acceptable. Replaced Shoe Mould. When necessary to remove existing base and/or shoe mould in order to repair damaged flooring, new base and/or shoe mould shall be installed and finished to match existing base and/or shoe mould. 18. PLYWOOD FLOORING AND REPAIRS a. Replacing with New Replacement shall be 3/4" underlayment Grade Plywood, or 5/8" when specified. End joints shall be staggered and occur over floor joists. Interior Plywood with Exterior Glue also acceptable, or other approved materials. Sub -Flooring Sub -flooring shall be the same as above, or other approved materials. Diagonal end joints to occur over floor joist. 19. FLOORS. SAND AND VARNISH To be sanded, apply wood filler where needed, sealed and two coats of varnish and waxed. NOTE: Replace exceptionally damaged boards and stain to match existing. 20. EXTERIOR FLOORING a. Tongue and groove flooring for exterior porches or enclosed utility rooms shall be 1 "x4" - "C" grade or better. when the width of an existing wooden porch is 9 feet or less, flooring shall extend from main body of structure to outer extremity of porch. No splicing will be permitted. When the width of an existing wooden porch is more than 9 feet, one splice per run will be permitted, provided the spliced flooring is 4 feet or more in length. Adjacent end joints in runs of flooring must be staggered. Exception: 1 "x4" approved materials for flooring applied with 8 penny galvanized, finished nails set and caulked. All exterior wood flooring shall be pre -primed both sides, end and edges before installation by General Contractor. 21. OAK FLOORING Install Oak Flooring in indicated rooms. Flooring shall be 25/32"x2-1/4", end matched, tongue and groove (Select Red Oak - Select White Oak), sanded, sealed, two coats of varnish and waxed. New floors shall be completed with new shoe mould, and/or base finished to match floor, except spot repair. 10 Bid 2016-066 1/26/2016 8:02 AM p. 66 City of Delray Beach 22. PINE FLOORING Install pine flooring in indicated rooms. Flooring shall be nominal 1"x4" tongue and groove, "C" grade pine, sanded, and sealed, with two coats of varnish. New floors shall be completed with new shoe and/or base mould finished as designated by Owner. 23. FLOOR COVERING a. All Vinyl Tile will be of good quality and a No -Wax finish unless otherwise specified. b. Pure Vinyl Tile (1/8" thickness, use Industrial glue only) Armstrong "Excelon" or equal. C. All floor covering shall be applied over existing floors or over 30 Ib. minimum felt covering, if necessary. 24. FLOOR COVERING - TILE AND UNDERLAYMENT Install underlayment plywood, "C" or "D" grade, commercial, standard interior3/4" thick. Install with screw type nails. Over underlayment install indicated tile using adhesive recommended by manufacturer. When installing new floor covering, all shoe mould and/or base shall be removed and replaced with new mould and/or base, finished with 2 coats of paint or varnish as designated by Owner. 25. FLOOR COVERING - VINYL Install underlayment plywood, "C" or "D" grade, commercial, standard interior 1/4" thick. Over underlayment install indicated vinyl laid in strict compliance with manufacturer's specifications. When installing new floor covering, all shoe mould and/or base shall be removed and replaced with new mould and/or base, finished with 2 coats of paint or varnish as designated by Owner. 26. FLOOR COVERING - CERAMIC Ceramic floor tile shall equal or exceed the Standard Grade requirements of U.S. Department of Commerce Simplified Practice Recommendation R-61-62 and Federal specification SST -308b. Floor tile shall be standard grade, selected by Owner, set in cement mortar "thick -bed" base. All ceramic floors shall be finished with ceramic cove base tile and metal lath and vapor barrier if wood floor. 27. BASE AND SHOE MOULDING a. Ranch Style Base Moulding b. Vinyl Base Moulding Bid 2016-066 1/26/2016 8:02 AM p. 67 City of Delray Beach C. Shoe Moulding d. Square Cute Base Moulding e. Standard to Match Existing 28. WALL FINISH - PLASTER/DRYWALL Rake crack clean, remove loose plaster or drywall and fill with patching plaster. New repair shall be struck level with surrounding surface and finish to match existing walls. 29. WALL FINISH - DRYWALL One-half (1/2) inch sheetrock shall be taped, bedded and sanded smooth. Existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to texture coat. No gaps over 1/2" will be accepted on walls or at ceiling. When installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead and imitation marble sills or other specified materials. All openings without doors shall be finished with metal corner bead. Any drywall which will be subject to moisture must be Durra Rock or Dens Shield or equal. 30. WALL FINISH - DRYWALL OVER FURRING STRIPS Walls shall be 1/2" sheetrock, taped, bedded and sanded and installed over 1"x2" furring strips 16" on center. Any existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to texture coat. When installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead and imitation marble sills or other specified materials. All openings without doors shall be finished with metal corner bead. 31. WALL FINISH - PANELING a. Over clean, smooth, flat surface in accordance with good standard practice. Nailed in the grooves with colored nails to match color of groove and adhesive as needed. All joints to be tight to eliminate crack from showing. b. On furred walls, 1x2 P.T. strips 16" O.C., with one piece running horizontal to the floor so that base can be nailed to it and keep the paneling from warping. At the ceiling provide horizontal strip for nailing of ceiling cove and stop panel warpage. 12 Bid 2016-066 1/26/2016 8:02 AM p. 68 City of Delray Beach C. All trim to be prefinished wood moulding to match paneling. Installed with tight -fitting mitered cuts and nailed with matching color panel nails. 32. WALL FINISH - CERAMIC TILE - THICK BED Remove existing material on indicated walls and replace with ceramic tile using thick -bed method over wire lath. Trim edges with bullnose tile. Wall tile shall equal or exceed the Standard Grade requirements of U.S. Department of Commerce Simplified Recommendation R61-62 and Federal Specification SST -308b. Wall tile shall be standard grade 4"x4"x1/4". 33. WALL FINISH - CERAMIC TILE - THIN SET Apply ceramic the on new drywall or existing drywall, remove existing material on indicated walls and replace with ceramic tile using thin -set method of drywall. Trim edges with bullnose tile. Wall tile shall equal or exceed Standard Grade Requirements of U.S. Department of Commerce. Wall tile shall be Standard Grade 4"x4"x1/4". 34. FIXTURE SET Set shall include paper holder, toothbrush holder, two (2) towel bars, soap dish and grab bar. 35. CEILING FINISH - DRYWALL Ceiling shall be 1/2" sheetrock taped, bedded and sanded. Latex paint shall be added to texture coat and ceiling textured 2 coats. Drywall shall be applied directly to existing ceiling. Three -fourth (3/4) inch to 1-1/2" cove moulding shall be used only when ceiling butts to wood or paneled walls. Heavy textured spray (popcorn type) finish with paint added. 36. CEILING FINISH - DRYWALL OVER FURRING STRIPS Ceiling shall be 1/2" sheetrock, taped, bedded and sanded. Latex paint shall be added to textured coat and ceiling textured 2 coats. Install over 1"x3" furring strips, 16" on center. Three -fourth (3/4) inch to 1-1/2" cove moulding shall be used only when ceiling butts to wood or paneled walls. Heavy textured spray (popcorn type) finish with vinyl added. 13 Bid 2016-066 1/26/2016 8:02 AM p. 69 City of Delray Beach 37. DROP CEILING - DRYWALL Ceiling shall be 1/2" sheetrock, taped, bedded and sanded. Latex paint shall be added to textured coat and ceiling textured 2 coats. New ceiling shall be installed over new specified ceiling joist spaced 16" on center. Three -fourth (3/4) inch to 1-112" cove moulding shall be used only when ceiling butts to wood or paneled walls. Heavy textured spray (popcorn type) finish with vinyl added. 38. CEILING FINISH - TILE Install 1"x3" furring strips, 12" on center, on ceilings indicated. Over furring strips, install 12"x12"x1/2" acoustical ceiling tile. Tile shall be of the interlocking type; pattern and color as selected by the Owner. Perimeter of ceiling shall be furnished with manufacturer's recommended ceiling moulding. 39. SUSPENDED CEILING a. Exposed T -bar, as specified. Installed in strict accordance with manufacturer's recommendations. b. Unexposed T -bar, as specified. Installed in strict accordance with manufacturer's recommendations. 40. CEILING FINISH - PLASTER/DRYWALL One-half (1/2) inch sheetrock shall be taped, bedded and sanded smooth. Existing trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to textured paint. All openings shall be finished with metal corner bead or trim. 41. SCUTTLE HOLES Shall be installed in area indicated on Bid Specifications (size 22"x36") and trimmed to conform to ceiling surfaces. 42. WINDOWS AND DOORS - REPAIR When installing or repairing windows or doors, Contractor shall repair any surrounding area affected by this work. The repair work shall be finished so as to conform to the surrounding surfaces, texture and color. 14 Bid 2016-066 1/26/2016 8:02 AM p. 70 City of Delray Beach 42a. HURRICANE SHUTTERS All Hurricane shutters shall consist of Aluminum and shall meet all necessary codes and wind load ratings, Accordion shutters (sliding) or Bahamian and fixed panel shutters shall be fitted on all windows for inspection. 43. DOORS - GENERAL SPECIFICATIONS All doors specified as new shall be complete with new hardware and new lock -set. After trimming and fitting of door, all edges shall receive same finish as sides of door. A door bumper must be added to all doors. Include all trim and moulding necessary to finish both sides of the jamb. Acceptable locks only are Kwikset, Schledge or Wiser. Threshold to be included, exterior doors only. a. Interior doors shall be 1-3/8" flush, hollow core, Lauan or Beech, finish as designated by Owner, unless otherwise specified. b. Exterior doors shall be 1-3/4" minimum with weather stripping, flush steel door and matching jamb. Pease, Therma-tru, Stanly or equal unless otherwise specified. Door to include storm chain. C. Exterior combination door shall be 1-3/4" minimum with weather stripping, solid lower half, with window and screen insert upper half, finished as designated by Owner. Deadbolt shall be single cylinder. d. Observer scope. e. All new exterior keyed lock shall be keyed alike. 44. WOOD SCREEN DOOR Furnish and install new screen door at indicated location. Screen door shall be wood, 2 panel, 1-1/8" complete with aluminum screen wire, closer, latch and 2 coats of paint or varnish (Owner's choice). 45. ALUMINUM SCREEN DOOR Furnish and install new screen door at indicated location. Screen door shall be 1" all - aluminum prehung, with metal jamb, lock and closer. Model M-325 "Featherlite" as manufactured by Featherlite Co., or equal in quality. 46. GARAGE DOOR AND FRAMING - NEW As specified, doors shall be installed per manufacturer's recommended specifications. Remove and replace all broken or cracked glass. 15 Bid 2016-066 1/26/2016 8:02 AM p. 71 City of Delray Beach 47. WINDOW - GENERAL SPECIFICATIONS When installing a new type window in an existing wooden frame, all groves, off sets and projects on the side and head, jambs and sills shall be finished flush and smooth. These windows: aluminum awning, aluminum single hung, jalousie, casement, when specified new shall include new aluminum or fiberglass screens, permanent stripping, positive lock device, nylon or stainless bushings and aluminum glazing bead. The awning window shall have a torque -bar operator. All window and frames shall be thoroughly caulked at time of installation. Replace all broken or cracked glass in all existing windows. 47. WINDOW - GENERAL SPECIFICATIONS (continued) When installed in masonry openings, windows to be set on 1 " x 2" p.t. furring bucks. When replacing damaged headers in frame walls: See Table 7. NOTE: Bathroom windows shall be obscured tempered glass. NOTE: Clean all windows free of paint, decals, stucco, etc. 48. NEW WINDOW INSTALLATION (FRAMING Window opening shall be framed to fit standard size windows and new casings and trim applied to match existing surfaces. 49. WINDOW - WOOD - NEW SASH New wooden sash shall be fitted to window opening so as to operate freely, lock properly and be reasonably weathertight. 50. WINDOW SCREEN - ALUMINUM FRAME Replace existing screen frames with new aluminum frames and 18 x 14 mesh screen complete with new latch and hangers. 51. SCREEN — RE -SCREEN Re -screen indicated area using 18 x 14 mesh aluminum screen wire. Replace screen moulding with new matching moulding. Replace all damaged or missing hooks and hangers. 52. EXTERIOR SIDING AND TRIM REPLACING Replace damaged siding as described. New siding shall blend and conform with surrounding area. Adjacent end joints shall be staggered at a distance of at least 2 studs. 16 Bid 2016-066 1/26/2016 8:02 AM p. 72 City of Delray Beach 53. EXTERIOR SIDING AND TRIM -NOVELTY Cover indicated sections of structure with new wood novelty siding or other specified material. All joints shall be tight and adjacent end joints shall be staggered. Sidings shall be installed over vapor barrier, blend and conform with existing structure. Al horizontally applied siding shall be staggered a minimum of 2 stud spaces. 54. EXTERIOR SIDING - ASBESTOS AND TRIM Asbestos siding and trim is no longer acceptable for use. No asbestos materials of any kind is allowed for use. 55. EXTERIOR SIDING - ALUMINUM Cover indicated area of structure with minimum of .024" aluminum siding. Quality to be called for on Bid Specification. Siding shall be installed over a vapor barrier or reflective type insulations as recommended by manufacturer. Installation shall include window J channel, door channel, inside and outside corners, starter strip and finish mould. Installation per manufacturer's recommendations. 56. TRIM FOR ALUMINUM Cover all window, door trim and sills with baked enamel, coil stock minimum .019". 57. EXTERIOR SIDING - STUCCO Cover designated sections of structure with cement stucco finish. If stucco is to be applied over frame construction, vapor barrier must first be applied to siding. Over vapor barrier nail metal reinforcement. Over reinforcement, apply one 3/8" brown coat and one 1/4" finish coat. 58. SOFFIT AND FASCIA - ALUMINUM Enclose all eaves indicated. This shall be done by installing baked enamel, aluminum, ventilated soffit material to underside of rafters. Enclosing of eaves shall include installation of fascia board and application of baked enamel aluminum over same. Soffit material shall be not less than .024" thickness, baked enamel aluminum. 59. SOFFIT AND FASCIA - FRAMED ALUMINUM Build soffit under roof overhang by installing baked enamel, aluminum soffit material over wooden soffit framing. Aluminum soffit material shall be either - ventilated, ribbed or v -grove, as selected by Owner. Aluminum for soffit shall be minimum thickness of 0.19" moulding, and trim shall be baked enamel aluminum. A fascia board shall be installed on rafter ends and covered with baked enamel aluminum with minimum thickness of 0.24". Soffit shall be constructed 90 degrees to wall, parallel to ground and soffit supporting "look -out" members shall be maximum 24" center to center. 17 Bid 2016-066 1/26/2016 8:02 AM p. 73 City of Delray Beach 60. EAVES - REPAIR Remove deteriorated section of eaves as indicated and replace with new section of approved materials to match existing. 61. SOFFIT - EAVES Eaves: Enclose all eaves indicated on work write-up sheet. This shall be done by applying 3/8" exterior plywood to underside of rafters. Enclosing of eaves shall include installation of fascia board. Soffit shall be solid, continuous vent or spot vented as indicated on work write-up sheet. Screen wire used shall be aluminum and fiberglass 18x14 mesh. 62. SOFFIT - FRAMED Build soffit under roof overhang as indicated on work write-up sheet. This shall be done by installing 3/8" exterior plywood from end of rafter to wall of structure. Soffit shall be constructed at 90 degrees to wall, parallel to ground, and shall not be attached to bottom of rafters. Maximum spacing for soffit supporting members shall be 24" center to center. Soffit shall be finished at wall with moulding strip and at end of rafter with a fascia board. Soffit shall be solid, continuous vent or spot vented as indicated on work write-up sheet. Screen wire used shall be aluminum 18/14 mesh. NOTE: All newly installed wooden soffit shall receive one coat primer and one coat of exterior oil base semi gloss. Nails used shall be galvanized type and countersunk and holes to be filled with putty. 63. GUTTER. DOWNSPOUTS - ALUMINUM BAKED ENAMEL OR GALVANIZED a. Aluminum shall be installed over existing fascia or back -stop with hangers recommended by manufacturer. Downspouts shall be placed over concrete splash box. b. Galvanized installation shall be same as above. 64. ROOF - GENERAL SPECIFICATIONS All roofing shall be applied in good workmanship -like manner and according to the work write-up and meet Southern standard Building Code, 1976 Edition and any applicable local amendments. All valleys, flashings and eave drips shall be replaced with standard galvanized metal, a minimum of 20 gauge. Eave drips to be backed by 1 "x2" P.T. strip from rafter ends of fascia. All vent pipes shall be properly flashed with approved lead, sleeve type flashings, pitch pans or other approved methods. 18 Bid 2016-066 1/26/2016 8:02 AM p. 74 City of Delray Beach All damaged or rotted sheathing boards shall be replaced with new. End joints shall be made over a rafter. Sheathing supporting verge rafters shall extend back onto the roof at least 4 feet. Any repair work on roof covering shall match existing as close as possible. Roof tile shall not be applied to the surface of roofs having an incline of less than 2-112 in 12. Tile shall be stacked on roof for a period of seven days before laying in setting bed. Tile is to be wet down before applied. See Table 8 for fastener schedule. Smaller size head nails may be used provided metal discs are used with them. 64. ROOF - GENERAL SPECIFICATIONS (continued) When new roofing is installed in conjunction with aluminum fascia, eave drips, gravel stops and flashing shall be matching aluminum. When new roofing is installed, sagging portions of roof shall be corrected. Purlins or sole plates shall be used when necessary. 65. ROOFING - SELVEDGE EDGE Remove existing roof, repair all damaged sheathing, rafters and related roof components. Install new flashing and eave drip and a 30 -pound asphalt saturated felt. Over felt, apply Barrett SIS, or GAF Double Coverage, or equal. 66. ROOFING - BUILT-UP (TAR AND GRAVEL) Remove existing roof covering and replace damaged sheathing, rafters and related roof components. Apply one 30# layer of felt tin tacked and then apply two layers of 15# felt mopped on. Flood coat and apply gravel. 67. ROOFING - METAL Remove existing roof, repair sheathing and rafters. Install metal starting strip on verge rafters and roof indicated sections with 5 -V -Crimp metal roofing and FHA type metal drip edge. 68. ROOFING - STRIP SHINGLES (ASPHAL Remove existing roof covering and replace damaged sheathing, rafters and related roof components. Apply one 30# layer of felt and then apply one layer 15# felt mopped on. Install 240# 3 -TAB self-sealing asphalt shingles. Install new flashing and eave drip. 19 Bid 2016-066 1/26/2016 8:02 AM p. 75 City of Delray Beach MGA OLl:3101: k MITI 0111WA Base cabinets shall be made of 5/8" to 3/4" Veneer grade A -B plywood. Finish shall be of furniture quality or Formica clad minimum 1/32" thickness over 5/8" to 3/4" CC grade plywood or imitation molded marble top and doors to self closing hinges. 70. CABINET - MEDICINE Shall be standard size, recessed, with minimum three (3) shelves, a mirror, unless otherwise specified on Bid Specifications. 71. CABINET - KITCHEN BASE a. Base cabinets shall be made of 5/6" to 3/4" Veneer grade A -B plywood. Finish shall be of furniture quality or Formica clad minimum 1/32" thickness over 5/8" to 3/4" C -C grade plywood. No wafer board, structural particle board or oriented strand board shall be used. Top of cabinet shall be approximately 25" wide with 4" minimum back splash Formica Curv-a-Top(.052) minimum thickness or equal. Over 5/8" to 3/4" C -C grade plywood, self-closing hinges and side mounted drawer guides and all hardware to be included. b. Include a fixed shelf where possible. 72. CABINET - KITCHEN UPPER Upper kitchen cabinets shall be made of 5/8" to 3/4" Veneer grade A -B plywood. Finish shall be of furniture quality or Formica clad minimum 1/32" thickness over 5/8" to 3/4" C -C grade plywood. Adjustable shelves in single door wall cabinets and self closing hinges. 73. COUNTER TOP Shall be approximately 25" wide or greater with minimum 4" backsplash Formica Curve -a - Top (.052) minimum thickness or equal over 5/8" to 3/4" C -C grade plywood. 74. CLOSETS Build a clothes closet in the indicated room by installing 2" x 4" studs, 16" on center, from floor to ceiling. Inside dimensions to be 2" - 0 by specified length. Closet shall be finished inside and out to conform with room. Baseboard, Louvered doors and trim out, clothes shelf and rod inclusive. 75. ELECTRICAL Electrical Contractor shall verify adequacy of existing electrical service for adding electrical devices. All electrical work shall comply to applicable codes. Contractor shall pay for all charges, for new connections or services increase by F.P.L. all Bid 2016-066 1/26/2016 8:02 AM p. 76 City of Delray Beach The electrical Contractor shall notify Building Inspector of any unsafe or inadequate wiring before submission of his bid to the General Contractor. Once electrical Contractor has submitted his bid and it has been accepted by the General Contractor, the General Contractor will be held responsible for the acceptance of al the wiring by the electrical inspector. When specified, the following items shall consist of: a. Service shall include increasing capacity to indicated amps, grounding and lightning arrester. b. Service and panel box shall include increase of service as indicated, box with number of circuits as indicated, lightning arrester and ground, distribute all circuits to avoid overload of service. C. All appliance circuits shall be separate circuits and as required, G.F.C.I. outlets in bath, kitchens and exteriors. d. When light fixtures are called for, the following Hampton Bay "Thomas" fixtures shall be used unless otherwise specified: (1) L.R., D.R., B.R. Ceilings.......................................Model No. SL7510 (2) Kitchen.................................................................Model No. SL468-4 (3) Bath ........................................................Model Nos. SL282 or SL286 (4) Hall Ceiling ........................................................Model No. SL8436-8 (5) Outside Entrance "Hampton Bay" .....Model Nos103-228 Wall and 385-589 Ceiling e. New receptacles to be duplex ivory, 15A-20 amp units as per code. 76. APPLIANCES General - All new appliances to be specified in work write-up as to model, color and location. Contractor is to provide the Department of Community Improvement with all warranties and/or guarantees. a. Electrical Ranges shall be G.E. 30" Free Standing Electric Range Model # JPB68HK installed and tested for proper operation. b. Gas Ranges shall be connected to gas supply and tested for proper operation. Duplex receptacle shall included with range when needed for range accessories. C. Range Hoods shall match range quality. d. Refrigerator shall be installed in level position with duplex receptacle no more than one (1) foot from unit. 21 Bid 2016-066 1/26/2016 8:02 AM p. 77 City of Delray Beach 77. HEATING All heaters will conform to applicable codes. a. Gas - Indicated model shall be installed in area designated and tested for proper operation. b. Electric - Indicated model shall be installed in area designated and tested for proper operation. Individual heaters shall be on separate circuits as per Southern Standard Building Code. All electric heaters shall be equipped with forced air operation. 78. PLUMBING General - All plumbing shall comply with the Southern Standard Plumbing Code in effect as well as any local amendments. All work consisting of 50% or more of existing value must be brought up to present code and conditions. Contractor to be responsible for all permits and inspections necessary. Before submitting his bids, the plumbing Contractor shall verify the adequacy of existing water and sewer mains. Once the contract is let, the General Contractor will be responsible for the passing of all plumbing by the plumbing inspector. All tubs, sinks, lavatories, water heaters and/or water closets, when provided new, shall be installed complete: from the nearest fittings with 1/2" copper lines, sweat type fittings, all new chrome trim and fittings as specified. This includes, but is not limited to, faucets, traps, supply and return pipes, stops, and diverter valves. When a shower head and supply lines are called for, they shall be accompanied by separate shut -offs and shower rod. All work shall include vents, clean -outs, trap and other items required by local codes. a. Electric Water Heaters shall be installed complete with separate 220 volt circuit. Unit to be a 220 volt double element energy efficient model with high limit safety cut-off and a pressure relief valve run to the outside or drained into a over flow pan. with a minimum 5 -year guarantee. b. Gas Water Heaters shall be installed complete with gas lines and properly vented. C. Washing Machine Connection - Install vent and drain with all necessary waste lines, hot and cold water supply lines, bibs, and one (1) grounded duplex 110V electric outlet within 2 feet of washer location. (NS does not provide washer/dryer units). d. Tub - Remove old bathtub and replace with a new 5 -foot porcelain on steel bathtub. 22 Bid 2016-066 1/26/2016 8:02 AM p. 78 City of Delray Beach e. Tub Fixtures Faucet - Remove old tub fixtures and replace with Moen model # L8283 single lever valve, shower head and tub down spout. Vanity Lavatory - Replace with new cast iron unit 18" x 15" wall hanger with all necessary fittings and plumbing (American Standard Cadet Model #8115 or equal) when replacing wall hung sink. When replacing cabinet style use cultured marble (All cabinets to be all wood in construction). g. Water Closet - Replace with new Kohler Well Worth Model # 99-146 or equal with water saver tank, complete with supply, and all plumbing necessary to install new toilet. This includes a new seat new seat. Kitchen - Replace with two compartment stainless steel sink with ledge mounted swing spout faucet, stainless steel strainer and stops as well as necessary fittings. Faucet to be American Standard Cadet Model # 8410 or equal. Sewer - Trench and lay PVC schedule 40 sewer pipe as per code. Make complete connections at street stub -up and house outlet complete with clean -outs as per local code. Water Line - Trench to one (1) foot and lay 3/4" potable PVC Schedule 40 or copper line, and connect to meter and house line as per local code. k. Septic Tank - Completely pump out tank, knock holes in the bottom and fill with sand or approved material. 79. FENCES a. Shall consist of the chain link variety. Hot dipped galvanized #11 minimum wire, posts, and fasteners. Entrance gates shall be minimum 36", driveway gates minimum 10'. Posts shall be anchored in concrete. All fence installations shall be surveyed. b. As specified. 80. DEMOLISH AND REMOVE FROM PREMISES. HAUL AWAY DEBRIS All items listed under this specification shall be removed from the premises before calling for final inspection. Remaining areas shall be left clean. 81. PEST EXTERMINATION a. When termite treatment is specified, all structures on property are to be treated. The "treatment" shall be that treatment is recommended by a bonded, licensed exterminator to rid the structures of any and all types of termites and shall carry a minimum guarantee of one (1) year. 23 Bid 2016-066 1/26/2016 8:02 AM p. 79 City of Delray Beach b. Other treatment as specified. Chemicals used shall be those that will cause the least inconvenience to the property owner (moving of foam rubber articles, plants, etc..). Any damage to the structure, interior or exterior, or to the property (plants, etc.) caused by termite treatment, shall be repaired or replaced by the exterminating contractor. 82. PAINTING - GENERAL SPECIFICATIONS No interior or exterior painting is to be done without a painting inspection and written approval to proceed. All painting including prime coat, second coat and final coast shall be done only by licensed Contractor. The first paint inspection is to be made after surface preparation. Second inspection after application of first coat. The final inspection is to be made after application of final coat. Painting shall be done at such times when dust free and heat work may be achieved. All painting, including prime coat, second coat and final coats, shall be done only by a licensed Contractor and the workmanship shall be of professional quality. The painter shall apply each coat at the rate recommended by the manufacturer, smoothly without runs, sags or holidays and be applied in strict accordance with manufacturer's specifications. All paint and other finished materials shall be M.A.B., Bear, Porter, Pittsburgh, Sherwin Williams or Benjamin Moore only. All paint shall be mildew resistant. No lead based paint will be authorized. Any painting over dirt, loose, scaling or peeling paint will be rejected. All joints in trim, siding and frames shall be caulked by gun method before application of paint. Prepare surfaces by scraping loose paint, point up all cracks and holes and sand smooth both exterior and interior surfaces. Paint colors shall be selected by Owner only. No paint shall be applied until all nail holes have been puttied and all defects in woodwork have been eliminated. All surfaces to receive paint, number of coats and special applications are indicated. All surfaces including floors, walls, ceilings, trim, doors and windows shall be cleaned out and excessive paint removed from same upon completion of painting. Reasonable care shall be exercised in moving ladders and scaffolding about dwelling to avoid damage to shrubbery and premises. The painting out of a room shall include all walls, ceilings, base trim, windows, window and door trim, interior and exterior of all closets and kitchen cabinets and both sides and edges of doors. 24 Bid 2016-066 1/26/2016 8:02 AM P. 80 City of Delray Beach All newly installed wood shall receive one coat of primer or undercoat and two coats of semi gloss paint. All paint is to be removed from both sides of window, trim and door glass by painting Contractor. All paint shall be delivered to the job site in unopened containers. a. Exterior Paint Wood - All exterior wood, siding, soffits, fascia, trim, etc., shall be painted using an exterior oil based penetrating undercoat and one or two coats alkyd enamel semi gloss paint or equal. Stucco - All stucco shall be painted using an oil based penetrating sealer and flat acrylic latex house paint. Interior Paint Kitchen and bath walls and ceiling shall be painted using an alkyd enamel, high or semi gloss. All other rooms shall be painted using a latex, acrylic, water-based, semi gloss paint. (Equal to Sherwin Williams, Hi -Hide, and latex acrylic semi gloss.) Ceilings shall be painted white using a latex water-based flat paint. (Except in kitchens and baths where a white high or semi gloss oil-based enamel is to be used.) Doors and Trim - Existing doors and trim to receive one (1) coat oil-based penetrating sealer and semi gloss alkyd enamel on sides, top, bottom and edges. New Doors and Trim - Prime One (1) coat oil-based penetrating sealer and paint as needed with high or semi gloss alkyd enamel on sides, top, bottom and edges. C. Aluminum - High gloss alkyd enamel over prime coat equal to Sherwin Williams Kern Lustra Enamel. d. The Contractor will supply extra paint to the homeowner to match in color and brand that which was used as the final coat; amounts as follows: Exterior - one gallon Exterior Trim - one quart Kitchen and Bath - one quart Bedrooms - one quart Living and Dining Room - 112 gallon 25 Bid 2016-066 1/26/2016 8:02 AM P. 81 City of Delray Beach 83. LANDSCAPING a. Fill - Provide and install clean sand or fill in designated low areas. b. Sodding - Level designated area and clean free of all debris. Sod with St. Augustine or Bahia as specified in smooth uniform manner. Water all grass upon application. C. Tree Removal - Remove rotted trees or shrubs. Leave no exposed roots. Fill hole and patch area with sod where applicable. 84. WALKS Sidewalks to be formed and poured as shown on write-up. Concrete to be 2500 Ib. 4" thick, broom finish, edged and lined. To be graded to allow all water to run off. 85. BLACKTOP DRIVES Install blacktop drive as per work write-up. Include necessary grading to receive base and topping. Blacktop not to be less than 1" thick after compaction. Finish grade adjoining areas. 86. CONCRETE DRIVES Per code, 4' thick, 10'-0" wide. Aprons to be 6" thick with 6x6 10110 wire mesh. Sidewalks extending through drive should also be 6" thick. 87. CARPETING All carpet and pad shall meet HUD FHA requirements and a written manufacturer's certification must be submitted or carpet shall be labeled per U.S. 44C. a. Colors shall be selected and approved by the Owner prior to installation. b. Carpet shall not be installed until all interior work is completed. 88. INSULATION Insulation indicated in the work write-up shall include: insulation, preparation of existing areas to receive insulation, cleanup and protection of work and certification of material. a. Insulation material may be "Insulite", blown rock wool, rock wool batts and fiberglass batts, Johns -Manville or equal. Batts shall be a full _3" thick and blown wool shall be a minimum thickness to provide an R-19 rating. Provide minimum 1" airspace between roof decking and insulation baffle around perimeter of attic. 0 Bid 2016-066 1/26/2016 8:02 AM p. 82 City of Delray Beach All insulation shall be installed as per manufacturer's recommendations and shall comply with Florida State Energy Code. LAND DEVELOPMENT REGULATIONS SECTION 4.6.16 LANDSCAPE REGULATIONS SECTION F 89. LANDSCAPING CONTINUED (ADDENDUM) 1. Irrigation Requirements: All landscaped areas shall be provided with a sprinkler system, automatically operated, in order to provide complete coverage of all plant material and grass to be maintained. Systems shall be designed to permit all zones to be daylight watering as established in the South Florida Water Management District Guidelines. Exceptions to be the requirements to provide irrigation are noted below: 2. Irrigation of Existing Plant Communities: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form. 3. Re-established Native Plant Areas: Native plant areas that are supplements to existing plant community or newly installed by the developer may initially require additional water to become established. The water required during the establishment period shall be applied from a temporary irrigation system, a water truck or by hand watering from standard hose bib source. 4. Irrigation Design Standards: The following standards shall be considered the minimum requirements for landscape irrigation design: a. All landscaped areas shall be provided with an irrigation system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. The source of water shall be pursuant to Section 6.2 10 (B) (5). The use of recycled water is encouraged. Wherever feasible, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas. C. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from law water requirement areas. d. Sprinkler heads shall be installed and maintained so as to minimize spray upon any public access, sidewalk, street or other non -pervious area. e. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. The use of low volume or drip systems is encouraged. g. The technology for moisture sensing devises improved, their use is encouraged. 27 Bid 2016-066 1/26/2016 8:02 AM p. 83 City of Delray Beach The use of pop-up sprinkler heads is required in the swale area between the property line and the edge of pavement of the adjacent right-of-way to minimize pedestrian hazard. LAND DEVELOPMENT REGULATIONS ARTICLE 7.6 PLUMBING CODE, SECTION 7.6.2 90. LAWN SPRINKLERS: (1205) a. Lawn sprinkler systems shall be equipped with an approved backflow preventer on the discharge side of each of the last valves. the backflow preventer shall be at least six (6) inches above the highest head, and at no time less than six (6) inches above the surrounding ground. Where combination control valves and backflow preventers are installed, the bottom of the valves shall constitute the bottom of the backflow preventer. The following work must be performed by a person holding a current Florida state registered or certified plumbing license and registered with the City of Delray Beach, Florida. The plumber shall cut the tee in the line for the sprinkler line take -off. The sprinkler firm may take it from there provided they follow the code and have the proper inspection. C. An approved check valve shall be installed in the main supply line on the meter side before the first sprinkler circuit take -off. d. All sprinkler systems shall also comply with the State sanitary code and any current revisions. e. Sprinkler heads will be installed so that no water shall spray on a public street or sidewalk. If after they are installed the plumbing inspector shall find such a condition exists at any time, the contractor who installed same, shall correct the condition after being notified by the plumbing inspector. LAND DEVELOPMENT REGULATION ARTICLE 7.7 WELLS AND SPRINKLER SYSTEMS 91. WELLS FOR NON -POTABLE WATER; SPRINKLER SYSTEM Section 7.7.9 Permit Required: It shall be unlawful for any person or his agents or employees to drive or drill any water well for non -potable uses or to install any sprinkler system within the city without first having obtained a permit from the City Building Department to do that work. Section 7.7.10 Application of State Sanitary Code: All sprinkler systems shall be installed in accordance with Chapter 4, Section 10-D of the State Sanitary Code and current revisions. M. Bid 2016-066 1/26/2016 8:02 AM p. 84 City of Delray Beach Section 7.7.11 Duties of City Building Official; Inspections: (A) Before a permit shall be issued, the Building Official or his designee, shall ascertain whether or not the well or sprinkler system is to be connected with the public water supply of the city in any way and shall see that the requirements of all ordinances, rules and regulations protecting the health and safety of the citizens of the city are met. (B) The Building Official shall inspect all work, including any sprinkler system that be supplied by the well, before the well is covered and final connection is made. Section 7.7.12 Location of Well from Septic Tank or Drain field: No well shall be permitted within a distance of 75 feet from any septic tank or drain field. Section 7.7.13 Work to be Done by Licensed Plumber: The following work must be performed by a person holding a current state registered or certified plumbing license and registered with the city. Nothing herein shall prohibit the homeowner from performing this work in accordance with Section 7.7.2 of this Article. (A) The main water line shall rise a minimum of six inches above the highest sprinkler head with gate valve installed in line to control each sprinkler circuit. (B) An approved backflow preventer shall be installed on the discharge side of the gate valve controlling the circuit. (C) An approved check valve shall be installed in the main supply line on the meter side of the first sprinkler circuit takeoff. (D) The house or building water supply shall be connected to main supply pipe between meter and check valve. ACCEPTABLE MATERIALS FOR WELL SYSTEMS WELL SYSTEM 1 1/2 ZONE LINES 1 " PVC PIPE 3/4" PVC PIPE 1 1/4" PVC PIPE 2" - WELL PVC 29 1/26/2016 8:02 AM Bid 2016-066 P. 85 City of Delray Beach TORO SPRINKLER HEAD WITH SWING JOINTS SLEEVES 1 1/2 " PVC INTERMATIC 220 TIMER STAYRITE - PUMP (2HP) 30 Bid 2016-066 1/26/2016 8:02 AM p. 86 City of Delray Beach Question and Answers for Bid #2016-066 - Neighborhood Services Division Housing Rehabilitation Program 14-488 Overall Bid Questions There are no questions associated with this bid. Bid 2016-066 I I 1/26/2016 8:02 AM p. 87 CITY OF DELRAY BEACH RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM & COMMUNITY DEVELOPMENT BLOCK GRANTPROGRAM HOUSING REHABILITATION PROGRAMS BETWEEN THE CITY OF DELRAY BEACH and Trinetta Bar Quote # 2016-066 This is an Agreement ("Agreement"), made and entered into by and between: CORDOBA CONSTRUCTION CO. INC. hereinafter called the "Contractor", Trinette L. Barr, hereinafter referred to as the "Owner(s)". WHOSE residence and project address is: 117 NW 11th Avenue, Delray Beach, FL 33444 LEGAL DESCRIPTION: THE SOUTH 50 FEET OF THE NORTH 100 FEET OF THE WEST 135 FEET OF THE EAST 285 FEET OF THE SOUTH HALF(S 1/2) OF THE NORTH HALF (N1/2) OF LOT 6, SUBDIVISION OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS SHOWN ON MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 46 AND 46 S. RANGE43 E, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4(SHEET1), OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: BEGINNING AT THE INTERSECTION OF A LINE 50 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTH HALF(S'/2)OF THE NORTH HALF (N'/2) OF SAID LOT 6 AND LINE 285 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 6, THENCE SOUTHERLY ALONG A LINE 285 FEET WEST OF THE EAST LINE OF SAID LOT 6, A DISTANCE OF 50 FEET TO A POINT ON A LINE 100 FEET SOUTH OF AND PARALLEL TO NORTH LINE OF THE SOUTH HALF (S %) OF THE NORTH HALF (N'/2) OF SAID LOT 6; THENCE WESTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 29.12 FEET TO A POINT ON THE APPARENT EAST RIGHT OF WAY LINE OF N.W. 11 TH AVENUE; THENCE NORTHERLY ALONG THE APPARENT EAST RIGHT OF THE WAY LINE OF N.W. 11TH AVENUE, A DISTANCE OF 50.0 FEET TO A POINT ON A LINE 50.0 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N %) OF SAID LOT 6; THENCE EASTERLY, ALONG SAID PARALLEL LINE A DISTANCE OF 29.11 FEET TO THE POINT OF BEGINNING. P I D # 12-43-46-17-42-006-0040 WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, between the Contractor and the Owner agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 11, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach Neighborhood Services Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Contractor's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. 2.3 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 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by the Parties and shall end on . The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 All duties, obligations, and responsibilities of Contractor required by this Agreement shall be completed no later than . Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. The Contractor shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. ARTICLE 4 COMPENSATION 4.1 City will pay Contractor, on behalf of the homeowner's approval for the program in the manner specified in Section 4.3, the total of Fifteen Thousand Three Hundred Thirty Dollars and 00/100 Cents ($15,330.00) from Residential Construction Mitigation Program and Eleven Thousand Four Dollars and 00/100 Cents ($11,004.00) from the Community Development Block Grant Program for all reimbursables provided for in Section 4.2, which amounts shall be accepted by Contractor as full compensation for all such work and expenses. Contractor acknowledges that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 METHOD OF BILLING AND PAYMENT 4.2.1 Contractor may submit invoices for compensation only after the services for which the invoices are submitted have been completed. 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. However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. 4.2.2 City shall pay Contractor within thirty (30) calendar days of receipt of Contractor's proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. 4.2.3 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 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. 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. 4.4 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.5 Payment shall be made to Contractor at: Cordoba Construction Co. Inc. 1245778 th Place North West Palm Beach, FL 33412 ARTIC:I F F, INDEMNIFICATION Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. ARTH-1 F F INSURANCE 6.1 Contractor shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "B" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Contractor shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Contractor shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Contractor is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "B." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Contractor uses a subconsultant or subcontractor, Contractor shall ensure that each subconsultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Contractor provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Contractor shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Contractor shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTH-1 F R THE CONTRACT 8.1 The executed contract documents shall consist of the following: a. This Contract b. Lien Agreement C. Signed Copy of Bid d. Memorandum of Understanding e. Notice to Proceed f. Payment Requests g. Warranty Documents h. Lead Base Paint Receipt & Booklet (if required) i. Subordination Policy (if required) * pertaining to contractor signature requirement ARTICLE 9 LEAD BASED PAINT 9.1 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 10 NON-DISCRIMINATION 10.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Contractor shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Contractor all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 11 MISCELLANEOUS 11.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Contractor grants to City a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until all documents are received as provided herein. 11.2 PUBLIC RECORDS City is a public agency subject to Chapter 119, Fla. Stat. Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Purchaser agrees to: 11.2.1 Keep and maintain all records that ordinarily and necessarily would be required by the City. 11.2.2 Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 11.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 11.2.4 Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Contractor. 11.2.5 If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 11.3 INSPECTOR GENERAL. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its sub licensees and lower tier sub licensees. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 11.4 AUDIT RIGHTS. AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Contractor and its subcontractors that are related to this Project. Contractor and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall ensure that the requirements of this Section 11.3 are included in all agreements with its subcontractor(s). 11.5 TRUTH -IN -NEGOTIATION REPRESENTATION Contractor's compensation under this Agreement is based upon representations supplied to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 11.6 PUBLIC ENTITY CRIME ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 11.7 INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. 11.8 THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 11.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 For Contractor: Cordoba Construction Co. Inc. 12457 78th Place North West Palm Beach, FL 33412 11.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 11.11 CONFLICTS Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. 11.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 11.13 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 11.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 11.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 11.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 11.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 11.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 11.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. 11.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 11.21 PAYABLE INTEREST 11.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 11.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 11.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 11.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. The attached Exhibits A and B are incorporated into and made a part of this Agreement. 11.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 11.24 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 11.25 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 made and executed this Agreement: HOMEOWNER and CONTRACTOR, also ATTESTED BY CITY REPRESENTATIVE signing by and through its duly authorized to execute same. OWNER OWNER ATTEST: CITY REPRESENTATIVE CONTRACTOR SIGNATURE By CONTRACTOR FIRM NAME day of (SEAL) 2016 EXHIBIT A SCOPE OF SERVICES AS NOTED IN SECTION 7: ATTACHMENT B EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Contractor shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243- 7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. General liability insurance with a minimum limit of $500,000 per occurrence and $1,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. C. Motor Vehicle Liability Insurance covering all vehicles associated with Contractor operations to include all owned, non -owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $500,000.00 combined single limit per each occurrence. D. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non -renewal or cancellation. Contractor shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, upon execution of the agreement. If any of the above coverages expire during the term of this Agreement, Contractor will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1St Avenue, Delray Beach, Florida 33444 with copies to Assistant City Manager and Neighborhood Services Division 100 N.W. 1 st Avenue, Delray Beach, FL 33444 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: Trinetta Barr ADDRESS: 117 NW 111" Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION:: THE SOUTH 50 FEET OF THE NORTH 100 FEET OF THE WEST 135 FEET OF THE EAST 285 FEET OF THE SOUTH HALF(S 1/2) OF THE NORTH HALF (N1/2) OF LOT 6, SUBDIVISION OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS SHOWN ON MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 46 AND 46 S. RANGE43 E, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4(SHEET1), OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: BEGINNING AT THE INTERSECTION OF A LINE 50 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTH HALF(S '/2)OF THE NORTH HALF (N'/2) OF SAID LOT 6 AND LINE 285 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 6, THENCE SOUTHERLY ALONG A LINE 285 FEET WEST OF THE EAST LINE OF SAID LOT 6, A DISTANCE OF 50 FEET TO A POINT ON A LINE 100 FEET SOUTH OF AND PARALLEL TO NORTH LINE OF THE SOUTH HALF (S/2) OF THE NORTH HALF (N'/2) OF SAID LOT 6; THENCE WESTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 29.12 FEET TO A POINT ON THE APPARENT EAST RIGHT OF WAY LINE OF N.W. 11 TH AVENUE; THENCE NORTHERLY ALONG THE APPARENT EAST RIGHT OF THE WAY LINE OF N.W. 11TH AVENUE, A DISTANCE OF 50.0 FEET TO A POINT ON A LINE 50.0 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N 1/2) OF SAID LOT 6; THENCE EASTERLY, ALONG SAID PARALLEL LINE A DISTANCE OF 29.11 FEET TO THE POINT OF BEGINNING. P I D # 12-43-46-17-42-006-0040 CASE NO: 14-488 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. 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 understand that this lien may be satisfied and released by the City on the day of 2026. 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. 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 Eleven Thousand Twenty -Three Dollars and 101100 Cents ($11,023.10) 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 by personally known to me or produced (SEAL) Signature of Notary as identification. who is 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: Trinetta Barr ADDRESS 117 NW 11'h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: THE SOUTH 50 FEET OF THE NORTH 100 FEET OF THE WEST 135 FEET OF THE EAST 285 FEET OF THE SOUTH HALF(S 1/2) OF THE NORTH HALF (N1/2) OF LOT 6, SUBDIVISION OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS SHOWN ON MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 46 AND 46 S. RANGE43 E, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4(SHEET1), OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: BEGINNING AT THE INTERSECTION OF A LINE 50 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTH HALF(S h)OF THE NORTH HALF (N'/2) OF SAID LOT 6 AND LINE 285 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 6, THENCE SOUTHERLY ALONG A LINE 285 FEET WEST OF THE EAST LINE OF SAID LOT 6, A DISTANCE OF 50 FEET TO A POINT ON A LINE 100 FEET SOUTH OF AND PARALLEL TO NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE NORTH HALF (N 1/2) OF SAID LOT 6; THENCE WESTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 29.12 FEET TO A POINT ON THE APPARENT EAST RIGHT OF WAY LINE OF N.W. 11 TH AVENUE; THENCE NORTHERLY ALONG THE APPARENT EAST RIGHT OF THE WAY LINE OF N.W. 11TH AVENUE, A DISTANCE OF 50.0 FEET TO A POINT ON A LINE 50.0 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N 1/2) OF SAID LOT 6; THENCE EASTERLY, ALONG SAID PARALLEL LINE A DISTANCE OF 29.11 FEET TO THE POINT OF BEGINNING. P I D # 12-43-46-17-42-006-0040 CASE NO: 14-488 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 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 2026. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. 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 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. 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: Fifteen Thousand Three hundred Forty Nine Dollars and 101100 Cents ($15,349.10) 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 MEMORANDUM OF UNDERSTANDING TO: Trinetta L. Barr FROM: Ferline F. Mesidort, Neighborhood Services Administrator I17_149:1I SUBJECT: Residential Construction Mitigation Program (RCMP) & Community Development Block Grant (CDBG) 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 $26,372.20 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: 14-488 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 117 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 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 File #: 16-341, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 INTERLOCAL AGREEMENT BETWEEN CITY OF DELRAY BEACH AND DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING HOUSING STUDY Recommended Action: Motion to Approve an Interlocal Agreement between the City of Delray Beach and Delray Beach Community Redevelopment Agency (CRA) in the amount not to exceed $15,000 for current housing stock review and analysis within the CRA District and the City limits (incorporated areas) of Delray Beach. Background: The action before the City Commission is consideration to accept the interlocal agreement from the CRA for a housing study that both the City and CRA desire to determine the availability and quality of the housing stock in both the CRA District and the City as a whole. The study will help guide the City and CRA to implement appropriate housing strategies that will provide for affordable housing for residents, assess the current and future housing needs and expenditure of program funds. In addition, the study will provide a detailed analysis in completing a component of the City's Comprehensive Plan "Housing Element". The term of this agreement shall commence by both parties to be invoiced within 45 days of the receipt of the City. Quotes were solicited for the housing study and award is being recommended to the second lowest bidder, MetroStudy in the amount of $19,500, due to the lowest consultant rescinding their bid as detailed in the Quote Tabulation Sheet. The ILA supports the funding in the amount of 20% of the total but allows up to 50% percent if additional services are necessary. The acquisition of services is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (B), "Written Quotations Method". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Community Redevelopment Agency (Pending Budget Amendment) 118-1930-554-34.90 $15,000 City of Delray Beach Page 1 of 2 Printed on 4/13/2016 powered by Legistar'"^ File M 16-341, Version: 1 City of Delray Beach Page 2 of 2 Printed on 4/13/2016 powered by LegistarTM INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING HOUSING STUDY This Interlocal Agreement (hereinafter "Agreement") is made the _, day of 2016, between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter "CITY") and DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Charter 163, Part III, of the Florida Statutes (hereafter "CRA"). WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that would harmonize geographic, economic, population and other factors influencing the needs and developments of local communities; and WHEREAS, the City and the CRA desire to undertake a study of the availability and quality of housing within the CRA District and the City as a whole; M WHEREAS, the purpose of the study is to better understand the current stock of housing within the CRA District and the City in order to implement appropriate housing strategies that will provide for affordable housing for residents within the City; and WHEREAS, the CRA desires to provide the City with an amount not to exceed Fifteen Thousand and 00/100 Dollars ($15,000.00) to pay for the costs necessary to perform the study for that portion of the study within the CRA District; and (00120592 2 Ess -060018n ) WHEREAS, this Agreement serves both a municipal and public purpose, is consistent with and furthers the CRA's Redevelopment Plan, and is consistent with the requirements of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. 2. In consideration of the City contracting with an independent consultant to performing a housing study, the CRA agrees to pay the City an amount not to exceed of Fifteen Thousand and 00/100 Dollars ($15,000.00). The CRA shall make payments to the City within 45 days of the receipt of an invoice from the City which is associated with the completion of the scope of work by the consultant performing the housing study. 3. The term of this Agreement shall commence upon execution by both parties and may be terminated for convenience by either party on 30 days' written notice, or for cause if either party fails to substantially to perform through no fault of the other, and does not commence correction of such nonperformance within five (5) days of written notice, and diligently complete the correction thereafter. The CRA shall be obligated to pay the CITY for only for the work completed by the Consultant with respect to the CRA District, up to the date of termination. 4. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities 100120592 65 5-06001 80 ) 2 conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs or other advertising materials used to publicize CRA funded activities must be approved by the CRA prior to being utilized. Upon request by the CRA, the CITY shall provide proof of the use of the CRA logo as required by this paragraph. 5. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 6. PUBLIC RECORDS. CITY is a public agency subject to Chapter 119, Fla. Stat. the CRA shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CRA agrees to: 6.1 Keep and maintain all records that ordinarily and necessarily would be required by the CITY. 6.2 Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 6.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 6.4 Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CRA at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public IOU] 205922 E55-0540180 ) 3 records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the CRA. 6.5 If CRA does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 7. INSPECTOR GENERAL. CRA is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from the CRA, and its sub licensees and lower tier sub licensees. The CRA understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the CRA or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 8. Governing Law. Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. (001205922 655 0600M) 4 10. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. City Clerk. ATTEST: City Clerk This Agreement shall not be valid until signed by the Mayor and the Approved as to Form: City Attorney ATTEST: Jeffre �C o, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA M Cary Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: �&� Reginald A. Cox, Chair (SEAL) �— The foregoing instrument was a owledged before me this aLi day of 2016, by as (name of officer or ent, title of officer 6r agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the (00120592 2 655-0600180 j 5 corporation. He/She is personally know to me or has produced (type of identification) as identification. • Susan B. Shaw ••nL('p9gj00 iT F'1'O703a3 Notary Public —State of Florida '? , Expires: Nov 13, 2017 /'•••�eiFum•` WWW,AABONNOTABUM (00120592.2 655-0600180 ) 6 BEAcy oIc �. �9,Q�r yP 'QNNIV'�Q` 20 N. Swinton Avenue Delrav Beach, FL 33444 Agenda Item: # March 24, 2016 CRA BOARD SUMMARY INTERLOCAL AGREEMENT (ILA) FOR CITY OF DELRAY BEACH HOUSING STUDY In 1995, a Housing Needs Assessment was conducted for the City by Reinhold P. Wolff Economic Research, Inc. as part of the Housing Element of the Comprehensive Plan, and updated in 2006. The most recent affordable housing needs assessment for the City was conducted in 2008 by the Shimberg Center for Affordable Housing at the University of Florida. During the public hearing regarding the 2014 CRA Plan Amendment, there were several suggestions from the public related to the ongoing development of both market rate and affordable housing. In order to properly address these matters, the CRA has collaborated with the City to fund and complete a Housing Study. The study will assess the current citywide housing inventory and conditions, including both rental and for -sale properties, and single-family as well as multifamily units. The findings would be used to help determine demand, areas of focus, and development options, as well as the roles of the various public, private, and nonprofit organizations that create housing throughout the city. A Request for Quotes was issued by the City for the following scope of services: 1. Demographic Analysis showing past trends and future projections. 2. Audit of our existing housing stock disaggregated by income levels, workforce, owner occupied/rentals, age, condition, value, vacancy rates, age -restricted, etc. 3. Sale prices over the past 5 — 10 years 4. Identify private housing developments which have been approved and those that will be completed and available for rent or for sale in the next 5 years within a 2 -mile radius of the City boundaries. 5. Provide a trend analysis of type and sizes of homes that are bought by first-time homebuyers or other types of end users and provide recommendations of product type and size needed. 6. Provide projected housing demand for the next five years. 7. Recommend Strategic Affordable Housing Delivery Plan based upon the results of the updated Housing Needs Assessment. 8. Data should be organized by census tract so we can break it down further, if needed. 9. Some data should include a comparison of Delray Beach to Palm Beach County. The City received three (3) proposals on January 8, 2016: Reinhold P. Wolff Economic Research, Inc. ($8,000), MetroStudy ($19,500), and NZ Consultants ($23,500) (see attached responses). On February 15, 2016, Reinhold P. Wolff Economic Research, Inc. withdrew their proposal citing workload issues. Therefore, the lowest most responsive responsible bidder is MetroStudy at a cost of $19,500. Since this will be a citywide housing study and given the City and CRA's affordable housing initiatives, the CRA's proportionate cost will be 50% of the total cost or $9,750. The attached ILA is required for the CRA to assist with the funding of the Housing Study. Staff recommends Board authorization for the Executive Director to approve a maximum funding of $15,000 for the study consistent with the CRA's procurement policy. This will allow additional services, if needed, to be facilitated administratively. Funding in the amount of $50,000 is provided in the CRA's FY 2015-16 Budget for the Housing Study. Recommended Action: Approve the Interlocal Agreement with the City of Delray Beach for funding of the Delray Beach Housing Study. Submitted By: Thuy Shutt, Assistant Director Attachment: Responses to City's Request for Quotes for Housing Study and Interlocal Agreement between the City and the CRA for Funding of Housing Study File #: 16-346, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 ACCEPTANCE OF A 10 -FOOT DRAINAGE EASEMENT DEED FOR 617 PALM TRAIL Recommended Action: Motion to Approve and accept a 10 -foot drainage easement deed at 617 Palm Trail. Background: Consider Acceptance of a 10 -foot drainage easement deed at 617 Palm Trail. In November 2015, the applicant (Azure Palm Trail Preserve, LLC.) submitted building permit #15- 160693 to construct a single family residence at 617 Palm Trail. This property is located west of South of George Bush Blvd. on Palm Trail on the east side of the roadway. Upon engineering review of the application submitted, a city owned drainage pipe was discovered (per survey attached) without an easement. This drainage pipe is in direct conflict with the proposed single family construction project. As part of an agreement with city staff and the applicant, a new 10 foot easement has been established per sketch of description "Exhibit A". The abandonment and relocation of the drainage pipe has been coordinated between city staff with the approval of the applicant at a later date to be determined. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The timing of this request is of high importance in order for customer to obtain the Certificate of Occupancy. City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by Legistar'"^ 1L� '16`l1Y[`1Y: lu:F.Y�:7�1J:_:�7Y17Y1]•�I John C. Primeau, Esq. Law Firm of John C. Primeau, P.A. 2625 Weston Road Weston, FL 33331 File No. 9587-02 APTP 1:7X01:7 DZ\e197114:1 YY1:7Yr"s City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of 2016, by and between AZURE PALM TRAIL PRESERVE, LLC, a Florida limited liability company, with a mailing address of 290 SE 6th Avenue, Suite #5, Delray Beach, FL 33483, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a non-exclusive, appurtenant easement for the purpose of construction, maintenance and repair of public utilities consisting, in part, of an underground drainage pipe, with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities and pipe under, through, or within the following -described property located in Palm Beach County, Florida, to -wit: The north ten (10) feet of Lot 1, Block 1, HOFNIAN VILLAGE, according to the Plat thereof, as recorded in Plat Book 16, at Page 92, of the public records of Patin Beach County, Florida (hereinafter, the "Easement Property"). Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on the Easement Property described above, to affect the purposes of the easement, as expressed herein. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering Easement Property. The party of the first part also agrees to erect no buildings or structures upon the above-described Easement Property, excepting only: a five (5) foot high concrete privacy wall across the Easement Property along its western boundary, a fence along the north boundary line of the Easement Property, and footers from a cabana bathroom which may extend into the Easement Property but which shall not interfere with the existing drainage pipe located in the Easement Property, all of which are to be constructed after the execution of this Easement Deed (the "permitted structures"). Further, party of the first part shall be entitled to landscape the Easement Property, and any existing fence in the Easement Property may remain or be replaced with another fence in the same location. It is understood and agreed by party of the second part that upon completion of any construction, maintenance or repairs to public utilities and drainage pipe under, through or within the above-described Easement Property, all permitted structures, fencing, lands, grass, ground cover, trees, shrubs, hedges, plants and other landscaping, whether now or subsequently existing, which are disturbed or damaged as a result of such construction, maintenance or repairs, will promptly be restored to their original or like condition by party of the second part, without expense to the property owner. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. In the event of litigation to interpret or enforce this Easement Deed, or for recovery of damages hereunder, the prevailing party in any litigation shall recover its reasonable attorneys' fees and costs from the non -prevailing party. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: &4— M� F-f_c.a)S (name printed or typed) WITNES5P#2: G 2 (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH PARTY OF THE FIRST PART: AZURE PALM TRAIL PRESERVE, LLC, a Florida limited liability company By: AZURE DEVELOPMENT, LLC, a Florida limited lia as Manager By: Richard Caster, as Manager The foregoing instrument was acknowledged before me this —11-- day of 2016, by Richard Caster, as Manager of AZURE DEVELOPMENT, LLC, a Florida limited liability company, as Manager of AZURE PALM TRAIL WSERVE, LLC, a Florida limited liability company, on be}�alf of said companies. He [ is personally known to me or [ ] has produced &nigai�/ (type of identification) as identification and did take an oath. DIANE C. CANNELLA Signa re of Notary Public - State of lorida ( My COMMISSION a FFI95680 My commission expires: EXPIRES March 23.200 - JOINDER AND CONSENT SEACOAST NATIONAL BANK ("Lender"), whose address is of P,O. Box 9012, Stuart. FL 34995 , being the Owner and holder of: that Construction Mortgage dated October 2, 2015, and recorded October 6, 2015, in Official Records Book 27846, at Page 1340; that Assignment of Rents dated October 2, 2015, and recorded October 6, 2015, in Official Records Book 27846, at Page 1349; and that UCC Financing Statement recorded October 6, 2015, in Official Records Book 27846, at Page 1356 (collectively, the "Loan Documents) (all recording references to the public records of Palm Beach County, Florida), all of which Loan Documents encumber the Easement Property described in the Easement Deed and secure that certain Promissory Note in the original principal amount of $2,520,000.00, dated October 2, 2015, executed and delivered in favor of Lender by AZURE PALM TRAIL PRESERVE, LLC, does hereby join in and consent to the Easement Deed to which this Joinder and Consent is attached and subordinates its Loan Documents to the easement described in the attached Easement Deed. IN WITNESS WHEREOF, the above-named Lender has caused these presents to be executed in its name on this // day of MACH , 2016. SS #1: u e "' I - (name printed or typed) TNESS #2 w' CAR� (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH LENDER: SEACOAST iATIO' BANK By: Print name:1�� Print title: tfft,� ry/ cw.— '- The foregoing instrument was acknowledged before me this // day of MW# 2016, by FRED A00S , as VICE P,16-51DENT- of SEACOAST NATIONAL BANK, in whose name the foregoing instrument was executed, and that she/he acknowledged executing the same for such bank, freely and voluntarily, under authority duly vested in her/him by said bank, and that said individual [>(] is personally known to the undersigned or [ ] produced (SEAL) ,,, TTE M KUHNS ``"'A Pte(,' o ; Notary Public -Slate of Florida • ' _ Commission N FF 954056 �%. Comm. Expires Feb 9, 2020 8 My „ ,,,, Ben0s01hrough National Notary ssn for identification purposes. 6a Pry `mtc:�k� Signature of Notary Public - State of Florida My commission expires: ACCEPTANCE OF EASEMENT DEED By signing below, the party of the second part, for itself and its successors and assigns, hereby accepts the easement described herein and agrees to be bound by its terms and conditions. WITNESS #1: (name printed or typed) WITNESS 92: (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH PARTY OF THE SECOND PART: CITY OF DELRAY BEACH, a Florida municipal corporation LE Cary D, Glickstein; as Mayor Approved by City Attorney: The foregoing instrument was acknowledged before me this day of 2016, by Cary D. Glickstein, as Mayor of CITY OF DELRAY BEACH, a Florida municipal corporation, on behalf of said municipal corporation. He [ ] is personally known to me or [ ] has produced (type of identification) as identification and did take an oath. Signature of Notary Public - State of Florida (SEAL) My commission expires: SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET 7 OF 7 LOT 1 BLOCK 91 HOFMAN VILLAGE (PLAT BOOK 16, PAGE 92) NOTES THIS IS NOT A SURVEY THE NORTH LINE OF LOT 1 IS ASSUMED TO BEAR N.90000'001E = CENTERLINE DESCRIPTION.• THE NORTH 10 FEET OF LOT 1, BLOCK 1, HOFMAN VILLAGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 16, PAGE 92, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ORDER NO. 15-74'DRAINAGE" PAUL D. ENGLE SURVEYOR & MAPPER NO. 5708 DA TE.- MARCH 8. 2016 CERTIFICATE OF AUTHORIZATION #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N. W. 17TH AVENUE, SUITE K-1 DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 ZADatalDmwingslGENERAL GADDIGxM15-74 DRAINAGE EASEMENT— 03/06/2016— 09:21 AM-- Scale 1 :240.0000 20.0• LOT 6, MODEL LAND COMPANY PLAT OF SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST (PLAT BOOK Q PAGE 40) IN.90°0000'E 200.00' I~ rn I� aop NORTH LINE LOT 1 0 v I � = , 900 00 LOT 1 BLOCK 91 HOFMAN VILLAGE (PLAT BOOK 16, PAGE 92) NOTES THIS IS NOT A SURVEY THE NORTH LINE OF LOT 1 IS ASSUMED TO BEAR N.90000'001E = CENTERLINE DESCRIPTION.• THE NORTH 10 FEET OF LOT 1, BLOCK 1, HOFMAN VILLAGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 16, PAGE 92, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ORDER NO. 15-74'DRAINAGE" PAUL D. ENGLE SURVEYOR & MAPPER NO. 5708 DA TE.- MARCH 8. 2016 CERTIFICATE OF AUTHORIZATION #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N. W. 17TH AVENUE, SUITE K-1 DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 ZADatalDmwingslGENERAL GADDIGxM15-74 DRAINAGE EASEMENT— 03/06/2016— 09:21 AM-- Scale 1 :240.0000 617 Palm Trail Gary R. Nikolits, CFA Homestead Exemption o �yw Property Appraiser PalmAge �fm Bach County rte, Location Address 617 PALM TRL Municipality DELRAY BEACH Parcel Control Number 12-43-46-09-25-001-0010 Subdivision HOFMAN VILLAGE IN Official Records Book 27846 Page 1339 Sale Date OCT -2015 Legal Description HOFMAN VILLAGE LT I BLK 1 Owners AZURE PALM TRAIL PRESERVE LLC Sales Date OCT -2015 MAY -2000 MAY -1997 AUG -1995 NOV-1990 12 Price OR Book/Page $2,150,000 27846 17339 $500,000 11765/ 1357 $495,000 09785/ 1575 $425,000 08906 17260 $435,000 06649 / 0863 Sale Type WARRANTY DEED WARRANTY DEED WARRANTY DEED WARRANTY DEED WARRANTY DEED Mailing address 290 SE 6TH AVE STE 5 DELRAY BEACH FL 33483 5201 Owner AZURE PALM TRAIL PRESERVE LLC ADRIAENSSENS GUIDO & CHRISTIANE No Exemption Information Available. Number of Units 1 "Total Square Feet 3810 Acres 0.4598 Use Code 0100 -SINGLE Zoning R -1 -AA - Single Family Residential ( 12-DELRAY FAMILY BEACH) Tax Year 2015 2014 2013 Improvement Value $180,719 $122,540 $172,437 Land Value $1,553,195 $1,294,329 $1,362,452 Total Market Value $1,733,914 $1,416,869 $1,474,889 All values are as of January 1 st each year Tax Year 2015 2014 2013 Assessed Value $1,733,914 $1,416,869 $1,474,889 Exemption Amount $0 $50,000 $50,000 Taxable Value $1,733,914 $1,366,869 $1,424,889 Tax Year 2015 2014 2013 Ad Valorem $37,927 $30,540 $31,973 Non Ad Valorem $234 $239 $238 Total tax $38,161 $30,779 $32,217 Detail by Entity Name Florida Limited Liability Company AZURE PALM TRAIL PRESERVE, LLC Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Principal Address 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL 33483 Mailing Address 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL 33483 L15000139948 47-4875068 08/17/2015 08/16/2015 FL ACTIVE Registered Agent Name & Address AZURE DEVELOPMENT, LLC 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL 33483 Authorized Person(s) Detail Name & Address Title MGRM AZURE DEVELOPMENT, LLC 290 SE 6TH AVENUE, SUITE #5 DELRAY BEACH, FL 33483 Annual Reports Report Year Filed Date 2016 03/08/2016 Electronic Articles of Organization For Florida Limited Liability Company Article I The name of the Limited Liability Company is: AZURE PALM TRAIL PRESERVE, LLC Article II L15000139948 FILED 8:00 AM August 17, 2015 Sec. Of State tbrown The street address of the principal office of the Limited Liability Company is: 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL. 33483 The mailing address of the Limited Liability Company is: 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL. 33483 Article III The name and Florida street address of the registered agent is: AZURE DEVELOPMENT, LLC 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL. 33483 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: RICHARD CASTER Article IV The name and address of person(s) authorized to manage LLC: Title: MGRM AZURE DEVELOPMENT, LLC 290 SE 6TH AVENUE, SUITE #5 DELRAY BEACH, FL. 33483 US Article V The effective date for this Limited Liability Company shall be: 08/16/2015 Signature of member or an authorized representative Electronic Signature: BRIAN GROSSBERG L15000139948 FILED 8:00 AM August 17, 2015 Sec. Of State tbrown I am the member or authorized representative submitting these Articles of Organization and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F. S. I understand the requirement to file an annual report between January 1 st and May 1 st in the calendar year following formation of the LLC and every year thereafter to maintain "active" status. 00 st nue City of Delray Beach 1lrayBe Beach, 34 Delray Beach, FL 33444 Legislation Text File #: 16-385, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning, and Building Director THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 ACCEPT A LANDSCAPE MAINTENANCE AGREEMENT AND HOLD HARMLESS AGREEMENT FOR PLANTINGS PROPOSED IN THE STATE RIGHT-OF-WAY OF ATLANTIC AVENUE AND CITY RIGHT-OF- WAY OF NW 6T" AVENUE, NW 7T" AVENUE, NW 8T" AVENUE, AND NW 9T" AVENUE IN ASSOCIATION WITH THE UPTOWN ATLANTIC PROJECT Recommended Action: Motion to accept the Landscape Maintenance and Hold Harmless Agreements to allow landscaping in the State Right -of -Way of Atlantic Avenue and City Right -of -Way of NW 6th Avenue, NW 7th Avenue, NW 8th Avenue, and NW 9th Avenue. Background: The Landscape Maintenance and Hold Harmless Agreements are associated with the construction of a new mixed-use development consisting of 17, 267 square feet of office space, 6,099 square feet of restaurant space, 43,162 square feet of commercial/retail space, and 112 multiple family dwelling units in accord with a Class V Site Plan Modification. At its meeting of December 9, 2015, the Site Plan Review and Appearance Board (SPRAB) approved the Site Plan and Landscape Plan, subject to the approval and recordation of the Landscape Maintenance and Hold Harmless Agreements. The proposed plantings within the State Right -of -Way of Atlantic Avenue and City Right -of -Way of NW 6th Avenue, NW 7th Avenue, NW 8th Avenue, and NW 91h Avenue consists of Royal Palms, Montgomery Palms, Live Oaks, Aechmea `Alvarez' bromeliads, Imperial bromeliads, Green Island Ficus, and Jasmine. The property owner will be responsible for maintaining this plant material for perpetuity. The developer will be initiating a revision to the existing Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT). This agreement will be amended by the City upon approval of the attached agreements. City Attorney Review: The attached agreements have been reviewed and approved by the City Attorney's Office for legal form and sufficiency and is now before the City Commission for approval. City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by LegistarT"^ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TIM STILLINGS, DIRECTOR OF PLANNING AND ZONING THROUGH: DONALD B. COOPER, CITY MANAGER DATE: APRIL 6, 2016 SUBJECT: AGENDA ITEM # ACCEPT A LANDSCAPE MAINTENANCE AGREEMENT AND HOLD HARMLESS AGREEMENT FOR PLANTINGS PROPOSED IN THE STATE RIGHT-OF-WAY OF ATLANTIC AVENUE AND CITY RIGHT-OF-WAY OF NW 6T" AVENUE, NW 7T" AVENUE, NW 8T" AVENUE, AND NW 9T" AVENUE ITEM BEFORE THE BOARD The action requested of the City Commission is to approve the Landscape Maintenance Agreement and Hold Harmless Agreement for the plantings within the State Right -of -Way of Atlantic Avenue and City Right -of -Way of NW 6t" Avenue, NW 7" Avenue, NW 8t" Avenue, and NW 91" Avenue associated with the Uptown Atlantic development, located on the south side of Atlantic Avenue between NW 6t" Avenue and NW 9t" Avenue. BACKGROUND AND ANALYSIS The Landscape Maintenance and Hold Harmless Agreements are associated with the construction of a new mixed-use development consisting of 17, 267 square feet of office space, 6,099 square feet of restaurant space, 43,162 square feet of commercial/retail space, and 112 multiple family dwelling units in accord with a Class V Site Plan Modification. At its meeting of December 9, 2015, the Site Plan Review and Appearance Board (SPRAB) approved the Site Plan and Landscape Plan, subject to the approval and recordation of the Landscape Maintenance and Hold Harmless Agreements. The proposed plantings within the State Right -of - Way of Atlantic Avenue and City Right -of -Way of NW 6t" Avenue, NW 7t" Avenue, NW 8t" Avenue, and NW 9t" Avenue consists of Royal Palms, Montgomery Palms, Live Oaks, Aechmea `Alvarez' bromeliads, Imperial bromeliads, Green Island Ficus, and Jasmine. The property owner will be responsible for maintaining this plant material for perpetuity. The developer will be initiating a revision to the existing Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT). This agreement will be amended by the City upon approval of the attached agreements. The attached agreements have been reviewed and approved by the City Attorney's Office for legal form and sufficiency and is now before the City Commission for approval. RECOMMENDED ACTION Accept the Landscape Maintenance and Hold Harmless Agreements to allow landscaping in the State Right -of -Way of Atlantic Avenue and City Right -of -Way of NW 6t" Avenue, NW 7t" Avenue, NW 8t" Avenue, and NW 91" Avenue. Attachment: Landscape Maintenance Agreement Exhibit A — Legal Description (supporting document for LMA) Exhibit B — Landscape Plan (supporting document for LMA) HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT (Agreement), is entered into this day of , 20_ by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and aOk-lq Lb -1 L.LL , (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER shall at all times hereafter indemnify, hold harmless, and at the CITY'S option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, DEVELOPER, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action or demand, DEVELOPER shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY'S option, pay for an attorney selected by City Attorney to defend CITY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible 2 for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. DEVELOPER agrees to include the following terms in any contract entered into between DEVELOPER and any contractor selected by DEVELOPER to perform any work required by this Agreement: (i) The contractor agrees to protect, defend, indemnify, and hold harmless the City of Delray Beach, its officers, employees, and agents from and against any and all lawsuits, penalties, damages, settlements, judgments, decrees, costs, charges, and other expenses or liabilities of every kind, including court costs, reasonable attorney's fees, at both the trial and appellate levels in connection with or arising directly out of the work agreed to be performed herein, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of contractor, its employees, servants, agents, and subcontractors. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, is included in the indemnity. Contractor further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at his sole expense and agrees to bear all other costs and expenses related thereto, even if the claim(s) is groundless, false, or fraudulent., and (ii) The parties recognize that various provisions of this agreement, including but not necessarily limited to this Section, provide for indemnification by the contractor and that Section 725.06, Florida Statutes, requires a specific consideration be given thereof. The parties therefore agree that the sum of Ten Dollars and 001100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the 3 services to be provided by contractor. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 6. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 7. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 8. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 4. The CITY hereby reserves the right to enforce this Agreement by pursuing any and all remedies provided by law or in equity. All of the remedies available to the CITY shall be cumulative, and the CITY'S election to pursue any remedy shall not preclude the CITY for then or later pursuing any one or more other remedies. 10. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit "A" Clerk. 11. This agreement shall not be valid unless signed by the City's Mayor and City 4 IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney WITNESSES DEVELOPER: By: -) l'0..5 L %-LL (Pr' or Type Name) (Print or Type e) dacce &QUA Address: PCS IQ (Print or Type %G&kk Phone: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of AMU 20W by (name of officer or agent, title of officer or agent) of ( r,(, (name of corporation acknowledging), a fftxf r; -*14 state or place of incorporation) corporation, on behalf of the corporation. He/She isa"p rsonally known to me or has produced (type of identification) as i entification and did (did not) take an cap Fe _ /` Lj-- l— Si ature ofT t Public- te of Flor 111 NlftiJ. WHITLEY ,., Commission # FF 143788 Expires November 20, 2018 Bonded Tiw Troy Fin Ineumea Wp3857079 IINI 5 Prepared by: RETURN: Noel Pfeffer, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this _ day of , 20_ by between the CITY OF DELRAY BEACH, a municipal corporation and a political subdivision of the State of Florida, with an address of 100 NW 1st Avenue, Delray Beach, Florida 33444 ("City"), and EQUITY DELRAY, LLC, a Florida Limited Liability Company with an address of 5100 PGA Blvd. Bldg. 2-4A, Palm Beach Gardens FL 33418 ('Developer's. WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, the Developer has applied to the City for approval of a mixed-use development consisting of 112 dwelling units, 17,267.3 square feet of office, 6,040 square feet of restaurant, and 43,162 square feet of commercial/retail space located on the south side of Atlantic Avenue between SW 6' Avenue and SW 9' Avenue ("Project"); WHEREAS, in order to comply with the City's landscape Ordinance the Developer shall be allowed to install landscaping material in the following areas of public right-of-way ("Public Right -of -Way") pursuant to the terms of this Agreement: (1) Along the south side of Atlantic Avenue between SW 6th Avenue and SW 9th Avenue; (2) Along the west side of SW 6th Avenue between Atlantic Avenue and the south end of the Project; (3) Along the east and west side of SW 7th Avenue between Atlantic Avenue and the south end of the Project; (4) Along the east and west side of SW 8th Avenue between Atlantic Avenue and the south end of the Project; (5) Along the east side of SW 9th Avenue between Atlantic Avenue and the south end of the Project. WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the Public Right -of -Way as described above, and, WHEREAS, the City reserves the right at any time to utilize the Public Right -of -Way for right-of-way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Developer has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Developer shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", .attached hereto and incorporated herein by reference. 3. The Developer shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Developer 's approved landscaping plan. Developer shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 2 4. The Developer hereby agrees to maintain the plantings in the Public Right -of - Way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Developer shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Developer, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the Public Right -of -Way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. S. If at any time after the execution of this Agreement by the Developer, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Developer. Thereafter, the Developer shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Developer for expenses incurred. (b) Terminate this Agreement and require the Developer to comply with the City's current Ordinance on landscaping. 3 (c) Cite the Developer for failure to comply with the City's Ordinances. 6. At all times hereto, the Developer shall own and maintain all landscaping installed in the Public Right -of -Way by the Developer. 7. If for any reason the City decides that it needs the Public Right -of -Way or for any other public purpose this Agreement shall terminate, and the Developer shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Developer shall remove all landscaping from the Public Right -of -Way within 20 days of such notification, if so requested by the City. 8. Developer shall at all times hereafter indemnify, hold harmless and at the City's option, defend or pay for an attorney selected by the City Attorney to defend City its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, Developer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Developer shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 4 10. This Agreement may not be assigned or transferred by the Developer, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. [SIGNATURE PAGE TO FOLLOW] 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _ day of ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney WI SE (Print or Type Name) STATE OF PLMI* 1WAS] ii' .'L/ 20_ CITY OF DELRAY BEACH, FLORIDA It �b���, to �. r: ,` (Print or Type Name) Mayor The foregoing instrument was acknowledged before me this 10- day of Ati�IL 20AIg, by CbRN FL.YNPI as �21NL�IP141. (name of officer or agent, title of officer or agent), of (-ry tMA&I I Li„G (name of corporation acknowledging), a AMDA (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as i�catio ignatur o 'Person T cknowledgment �.IA1kltTt.�y J. 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TOGETHER WITH: WEST 80 FEET OF THE EAST 300 FEET OF THE SOUTH 130 FEET OF THE NORTH 145 FEET OF LOT 9, SUBDIVISION OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4, LESS AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF FLORIDA IN O.R. BOOK 1049, PAGE 533, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 4 AND 5, SUBDIVISION OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, A/K/A MYRICK SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 79, LESS THE RIGHT-OF-WAY FOR STATE ROAD 806 AS RECORDED IN O.R, BOOK 1061, PAGE 338, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF LOT 3, TOGETHER WITH THE WEST FIVE (5) FEET OF LOT 2, IN SUBDIVISION OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, A/K/A MYRICK SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 79, LESS THE RIGHT-OF-WAY FOR STATE ROAD 806 AS RECORDED IN O.R. BOOK 1078, PAGE 309, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID TRACT BEING SUBJECT TO A RIGHT-OF-WAY TAKEN FOR ATLANTIC AVENUE (STATE ROAD NO. S-806) BY STATE OF FLORIDA DEPARTMENT ACCORDING TO THE RIGHT-OF-WAY MAP APPROVED BY THE STATE HIGHWAY ENGINEER ON OCTOBER 22, 1962, SECTION 93550-2601, SHEET 6 OF 8. TOGETHER WITH: EAST FORTY-FIVE (45) FEET OF LOT 2, IN SUBDIVISION OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, A/K/A MYRICK SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 79, LESS THE RIGHT-OF-WAY FOR STATE ROAD 806 AS RECORDED IN O.R. BOOK 1078, PAGE 309, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID TRACT BEING SUBJECT TO A RIGHT-OF-WAY TAKEN FOR ATLANTIC AVENUE (STATE ROAD NO. S-806) BY STATE OF FLORIDA DEPARTMENT ACCORDING TO THE RIGHT-OF-WAY MAP APPROVED BY THE STATE HIGHWAY ENGINEER ON OCTOBER 22, 1962, SECTION 93550-2601, SHEET 6 OF 8. TOGETHER WITH: LOT 1, IN SUBDIVISION OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, A/K/A MYRICK SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THAT PORTION OF SAID LOT CONVEYED FOR ROAD RIGHTS-OF-WAY. TOGETHER WITH: SOUTH 50 FEET OF THE NORTH 195 FEET OF THE EAST 147 FEET OF THE EAST HALF OF LOT 9, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2 SUBJECT TO AN EASEMENT OVER THE NORTH 10 FEET OF TRACT AS RECORDED IN OFFICIAL RECORDS BOOK 1006, PAGE 262, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND RIGHT-OF-WAY FOR S.W STH AVENUE, TOGETHER WITH: LOTS 1, 2,3 AND 4, BLOCK 2, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 12 AND 13, SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 15, SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 21, SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 22, SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 23, SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 24, SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: SOUTH 100 FEET OF THE NORTH 120 FEET OF THE WEST 135 FEET OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (ALSO DESCRIBED AS LOT 1, IN BLOCK 13). TOGETHER WITH: SOUTH 65 FEET OF THE NORTH 185 FEET OF THE WEST 135 FEET OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: COMMENCING 185 FEET SOUTH OF THE NORTHWEST CORNER OF BLOCK 13 FOR A POINT OF BEGINNING: THENCE EAST 135 FEET; THENCE SOUTH 50 FEET; THENCE WEST 135 FEET; THENCE NORTH 50 FEET TO THE POINT OF BEGINNING, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: SOUTH 50 FEET OF THE NORTH 285 FEET OF THE WEST 135 FEET OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: SOUTH 50 FEET OF THE NORTH 335 FEET OF THE WEST 135 OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: COMMENCING 335 FEET SOUTH FROM THE NORTHWEST CORNER OF BLOCK 13 FOR A POINT OF BEGINNING: THENCE EAST 135 FEET; THENCE SOUTH 50 FEET; THENCE WEST 135 FEET; THENCE NORTH 50 FEET TO THE POINT OF BEGINNING, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: SOUTH 50 FEET OF THE NORTH 435 FEET OF THE WEST 135 FEET OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE EAST 135 FEET OF BLOCK 13, AND THE SOUTH 80 FEET OF THE NORTH 100 FEET OF THE EAST 150 FEET OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND COMMENCE 150 FEET SOUTH OF THE NORTHEAST CORNER OF BLOCK 13 FOR THE POINT OF BEGINNING; THENCE WEST 135 FEET; THENCE SOUTH 50 FEET; THENCE EAST 135 FEET; THENCE NORTH 50 FEET TO THE POINT OF BEGINNING, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, AND SOUTH 50 FEET OF NORTH 250 FEET OF THE EAST 135 FEET OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, AND COMMENCING 250 FEET SOUTH FROM THE NORTHEAST CORNER OF BLOCK 13 FOR A POINT OF BEGINNING; THENCE WEST 135 FEET; THENCE SOUTH 50 FEET; THENCE EAST 135 FEET; THENCE NORTH 50 FEET TO THE POINT OF BEGINNING, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: COMMENCING TWO HUNDRED FIFTY (250) FEET NORTH FROM THE SOUTHEAST CORNER OF BLOCK THIRTEEN (13) FOR A POINT OF BEGINNING; THENCE WEST, ONE HUNDRED THIRTY-FIVE (135) FEET; THENCE NORTH, FIFTY (50) FEET; THENCE EAST, ONE HUNDRED THIRTY-FIVE (135) FEET; THENCE SOUTH, FIFTY (50) FEET TO THE POINT OF BEGINNING, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: NORTH 50 FEET OF THE SOUTH 250 FEET OF THE EAST 135 FEET OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 1, 2, 3, 4, 5, 6, 7, S, 9, 10, AND 11, LESS THE NORTH TWENTY (20) FEET THEREOF, BLOCK 5, SUBDIVISION OF BLOCK 5, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE VACATED ALLEY NORTH OF AND ADJACENT TO LOT 1, BLOCK 2, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.. wIZc1 X111:1 a tial THE WEST HALF OF THE VACATED 14 FOOT AND 16 FOOT ALLEYS EAST OF AND ADJACENT TO LOTS 1 THROUGH 4, BLOCK 2, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED INT PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE VACATED 14 FOOT ALLEY WEST OF AND ADJACENT TO THE SOUTH 50 FEET OF THE NORTH 195 FEET OF THE EAST 147 FEET OF THE EAST ONE-HALF OF LOT 9, BLOCK 2, SUBDIVISION OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING NORTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1, BLOCK 2, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 4, OF SAID PUBLIC RECORDS TOGETHER WITH: THE EAST HALF OF THE VACATED 14 FOOT ALLEY WEST OF AND ADJACENT TO THE SOUTH 50 FEET OF THE NORTH 195 FEET OF THE EAST 147 FEET OF THE EAST ONE-HALF OF LOT 9, BLOCK 2, SUBDIVISION OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1, BLOCK 2, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 4, OF SAID PUBLIC RECORDS. TOGETHER WITH: THE VACATED 16 FOOT EAST -WEST ALLEY OF BLOCK 5, SUBDIVISION OF BLOCK 5, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 72 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE VACATED ALLEY IN THE 600 BLOCK: ALL OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LESS THE NORTH 20 FEET THEREOF AND THE SOUTH 170 FEET THEREOF, LESS THE WEST 135.0 FEET THEREOF, LESS THE EAST 135.0 FEET THEREOF AND LESS THE EAST 150 FEET OF THE NORTH 100.0 FEET THEREOF. LESS THE EAST 16.33 FEET OF THE SOUTH 30.61 FEET OF THE ABOVE DESCRIBED DESCRIPTION OF THE ALLEY. A HIATUS AREA DESCRIBED AS: THE EAST 135.0 FEET OF BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA, NOW CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LESS THE NORTH 300.0 FEET AND LESS THE SOUTH 300.0 FEET THEREOF. ALSO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, BLOCK 2, BELAIR HEIGHTS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 45 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N 01021'49" W ALONG THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 9th AVENUE, 290.03 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, AND A CENTRAL ANGLE OF 91°46'40'; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 40.05 FEET TO THE SOUTH. RIGHT-OF-WAY LINE OF WEST ATLANTIC AVENUE (STATE ROAD 806) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR SECTION 93030-2506, SHEET 4 OF 9, REVISED MARCH 27,2011; THENCE S 89035'09" E ALONG SAID RIGHT-OF-WAY LINE, 264.51 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 8th AVENUE; THENCE S 01'26'33" E ALONG SAID RIGHT-OF-WAY LINE, 132.05 FEET; THENCE S 89°32'40" W, 129.07 FEET; THENCE S 01 °25'51" E, 94.99 FEET; THENCE N 89°32'40" E, 1.00 FOOT; THENCE S 01025'51" E, 84.26 FEET; THENCE S 89°30'13" W ALONG THE SOUTH LINE OF SAID LOT 4 AND ITS EASTERLY EXTENSION, 162.52 FEET TO THE EAST RIGHT-OF- WAY LINE OF SOUTHWEST 9th AVENUE, BEING THE SOUTHWEST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING. Qlt)�IY;F�1' .r BEGINNING AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 5, SUBDIVISION OF BLOCK 5, DELRAY BEACH ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 72 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N 01'26'33" W ALONG THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 8th AVENUE, 50.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 15; THENCE N 89°19'27" E ALONG THE NORTH LINE OF SAID LOT, 138.40 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE N 01'29'33" W, 50.00 FEET TO THE SOUTHEAST CORNER OF LOT 13, BLOCK 5 OF SAID SUBDIVISION OF BLOCK 5, DELRAY BEACH; THENCE S 89°19'27" W, ALONG THE SOUTH LINE OF SAID LOT 13, A DISTANCE OF 138.35 FEET TO THE SOUTHWEST CORNER OF SAID LOT, BEING ON THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 8th AVENUE; THENCE N 01'26'33" W ALONG SAID EAST RIGHT-OF-WAY LINE, 234.20 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST ATLANTIC AVENUE (STATE ROAD 806) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR SECTION 93030-2506, SHEET 4 OF 9, REVISED MARCH 27,2011; THENCE N 89° 19'27" E ALONG SAID RIGHT-OF-WAY LINE, 277.15 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 7th AVENUE; THENCE S 01029'33" E ALONG SAID RIGHT-OF-WAY LINE, 334.20 FEET; THENCE S 89°1927" W ALONG THE SOUTH LINE OF LOTS 15 AND 24, OF SAID BLOCK 5, A DISTANCE OF 277.44 FEET TO THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 8th AVENUE, BEING THE SOUTHWEST CORNER OF SAID LOT 15 AND THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF BLOCK 13 (BEING COINCIDENT WITH THE EAST LINE OF BLOCK 5) AND THE NORTH LINE OF THE SOUTH 170 FEET OF SAID BLOCK 13, MAP OF THE TOWN OF LINTON, FLORIDA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1; PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N 01'29'33" W ALONG SAID WEST LINE OF BLOCK 13, A DISTANCE OF 415.04 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST ATLANTIC AVENUE (STATE ROAD 806) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF- WAY MAP FOR SECTION 93030-2506, SHEET 4 OF 9, REVISED MARCH 27,2011; THENCE N 89019'27" E ALONG SAID RIGHT-OF-WAY LINE, 302.35 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 6th AVENUE; THENCE S 01°32'15" E ALONG SAID RIGHT-OF-WAY LINE, BEING THE EAST LINE OF SAID BLOCK 13, A DISTANCE OF 384.45 FEET; THENCE S 89°19'50" W ALONG THE NORTH LINE OF THE SOUTH 200 FEET OF SAID BLOCK 13, A DISTANCE OF 151.30 FEET; THENCE S 01 °31'00" E, 30.61 FEET TO THE NORTH LINE OF THE SOUTH 170 FEET OF SAID BLOCK 13; THENCE S 89°19'27" W ALONG SAID NORTH LINE, 151,36 FEET TO THE WEST LINE OF SAID BLOCK 13 AND THE POINT OF BEGINNING. SAID LANDS LYING AND SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 274,501.22 SQUARE FEET (6.302 ACRES), MORE, OR LESS. File #: 16-388, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Director of Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 APPROVE SELECTION COMMITTEE'S RANKING AND ENTER INTO CONTRACT NEGOTIATIONS WITH EDSA, INC. FOR DESIGN SERVICES AND CONSTRUCTION ADMINISTRATION FOR THE BEACH AREA MASTER PLAN (RFQ 2016-56) Recommended Action: Motion to Approve the Selection Committee's ranking of responses for RFQ 2016-056 for Design Services and Construction Administration for the Beach Area Master Plan and to authorize staff to enter into contract negotiations with the top ranked firm, EDSA, Inc. (Project No. 2015-008) Background: On January 10, 2016, a Request for Qualifications was advertised for qualified architectural firms to submit their qualifications to provide consulting services for architectural design and construction administration for development to the Beach Area according to the Beach Area Master Plan. Two firms responded with proposals; EDSA Inc. and BEA Architects. The selection committee heard presentations from both firms and ranked the proposals on March 28, 2016. The selection committee unanimously agreed that EDSA Inc. was the top ranked respondent. BEA Architects was ranked second. Upon successful negotiation with the top ranked firm, the contract will be brought back to the City Commission for approval. If an agreement can't be reached with the top ranked respondent, negotiations with the second ranked respondent will be initiated until an agreement can be reached. The agreement will be brought forward to the City Commission at that time for approval. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding for the design and construction of the project is available from 334-4144-572-63.20 (General Construction Fund - Landscaping/Beautification) Timing of Request: This approval is time sensitive because the design services and construction administration are necessary in order for the City to apply for permits from Florida Department of Environmental City of Delray Beach Page 1 of 2 Printed on 4/13/2016 powered by Legistar'"^ File #: 16-388, Version: 1 Protection (FDEP) and Florida Department of Transportation (FDOT) to begin the construction phase of the project which is planned for the summer of 2016. City of Delray Beach Page 2 of 2 Printed on 4/13/2016 powered by LegistarTM zmi @a• a. @. . bm •7 — 9 b grrg'0.0.� �. n . WIN1 ` f lid File #: 16-358, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Joan K. Goodrich, Economic Development Director THROUGH: Donald B. Cooper, City Manager CC: Francine Ramaglia DATE: April 19, 2016 WE v SMALL BIZ MONTH PROCLAMATION Recommended Action: Proclaim May 2016 as "We v Small Biz" Month in Delray Beach, Florida 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: The Delray Beach Office of Economic Development - along with its partners at the City of Delray Beach, Delray Beach Community Redevelopment Agency, Downtown Development Authority, Greater Delray Beach Chamber of Commerce, Delray Beach Marketing Cooperative, West Atlantic Redevelopment Coalition, Florida Small Business Development Center at Palm Beach State College, SCORE and The TED Center have planned a month-long schedule of activities, business walks, mini -conferences, workshops, roundtables, expos, promotions and launches to celebrate, recognize, tout and thank our Delray Beach small businesses for their contributions to our community. A full schedule of events is available online at www.weheartsmallbiz.org <http://www.weheartsmallbiz.org> and we are encouraging all residents, visitors and community leaders to thank and promote their favorite small businesses on social media by using the hashtag #SmallBizDelray. City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by Legistar'"^ WHEREAS, small businesses account for ninety-three percent of all businesses in Delray Beach and are vital to our local economy; and WHEREAS, small businesses nationally employ half of the private sector workforce by creating two out of three net, new jobs; and WHEREAS, from the storefront shops that anchor Atlantic Avenue to our high-tech startups that keep us on the cutting edge, small businesses are the backbone and the cornerstone to our community's promise of prosperity for all; and WHEREAS, small business owners and entrepreneurs embody the spirit of innovation and perseverance that drives Delray Beach's uniqueness; and WHEREAS, local Delray Beach small businesses are supported and assisted by an extraordinary team of professionals 24/7/365 days a year from the City of Delray Beach, Delray Beach Community Redevelopment Agency, Downtown Development Authority, Greater Delray Beach Chamber of Commerce, Delray Beach Marketing Cooperative, West Atlantic Redevelopment Coalition, Florida Small Business Development Center at Palm Beach State College, SCORE and The TED Center; and WHEREAS, communities across the United States participate in an annual observance and celebration of Small Business during the month of May. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 2016 as: WE r SMALL BIZ MONTH in the City of Delray Beach, Florida, and encourage all residents, visitors and community leaders to tell and show our local small businesses they are appreciated during May and throughout the year, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of April 2016. CARY D. GLICKSTEIN MAYOR 920 • MAY 4, 2016, 8AM-1 PM 3 expert panels: Overcoming Invisibility: Attracting Attention for Your Brand oThere's An App for That: Putting Technology to Work for Your Business Connect with other successful local business owners, and get face time with Delray Beach's economic development team. IF + Learn how the SBDC at Palm Beach State College can help you: • Utilize market research Turning Passion into Profit: • Leverage financial tools The Business of Being A • Grow into export markets Creative Professional @ OLD SCHOOL SQUARE, FIELDHOUSE 51 N. SWINTON AVENUE, DELRAY BEACH, FL 33444 Details & free registration online: bit.ly/smallbizminicon RSVPs required. Continental breakfast included. 561.243.7054 1 weheartsmallbiz.org Welt* IS all Biz. DELRAY BETH, FL May 2016 is officially We r Small Biz Month, so we're going to love on our local businesses all month long (and in April, too!) • Automotive Industry Roundtable IP Delray Green Market April 26, 8am May 7,14 & 21, 9am-2pm • Google Street Party . CRA Grants Workshop April 27, 3-7pm May 9, 3pm • Downtown Mother's Day Shopping • Business Walk, Downtown Core & Orchid Giveaway - April 30 - May 8 May 12, loam • Downtown Art Walk May 1, 6pm • Breakfast at the Bank May 4, 8am • Small Biz MiniCon Mayo, 8am-fpm Ir Business Walk, West Atlantic May 18, loam • West Atlantic Brand Launch Community Event -May 20, 5pm • Chamber Biz -Tech Expo May 24, 5pm Details & full schedule available online: www.weheartsmallbiz.org imp DELRAY BEACH DOWNTOWN DEVELOPMENT �99�� MARKETING AUTHORITY JVNIVE�y Chamber oflCommearce COOPERATIVE __ 14West A M E R I C ASS Atlantic SEDC: SCORE The Redevelopment ' " ' ' N TED :tenter Coalition FOR THE LIFE OF YOUR BUSINESS File #: 16-371, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 KIDS TO PARK DAY - MAY 21, 2016 Recommended Action: Proclamation for Kids to Park Day 100 N.W. 1 st Avenue Delray Beach, FL 33444 City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by LegistarTM WHEREAS, May 21, 2016 is the sixth Kids to Parks Day organized and launched by the National Park Trust; and WHEREAS, Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks; and WHEREAS, it is important to introduce a new generation to our nation's parks because of the decline in Park attendance over the last decades; and WHEREAS, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and WHEREAS, Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants; and WHEREAS, Kids to Parks Day will broaden children's appreciation for nature and the outdoors. NOW THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 21, 2016 as: Kids to Parks Day in the City of Delray Beach, and urge residents to make time to participate in Kids to Parks Day and take the children in their lives to a neighborhood, state or national park. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 19' day of April, 2016. CARY D. GLICKSTEIN MAYOR File #: 16-387, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 REPORT OF APPEALABLE LAND USE ITEMS MARCH 21, 2016 THROUGH APRIL 1, 2016 Recommended Action: By motion, receive and file this report. Background: Section 2.4.7(E), Appeals, of the Land Development Regulations applies. This is the method of informing the City Commission of the land use actions which may be appealed to the City Commission. After this meeting, the Commission's appeal opportunity shall expire. An appeal by an aggrieved party must be made within 10 working days of the action. To appeal: • The item must be raised by a Commission member. • By motion, an affirmative action must be taken to place the item on the next available meeting of the Commission as an appealed item. During the specified period, the Planning and Zoning Board and the Site Plan Review and Appearance Board considered the projects noted below. For each item, a project report including the Board Staff Report is attached. No other Boards took action on any appealable applications during this period. PLANNING AND ZONING BOARD AGENDA ITEMS ITEM 1. Tattoo Establishment -Similarity of Use Determination Request: Similarity of Use Determination, pursuant to LDR Section 4.3.2(C)(2), to determine that a Tattoo Studio has similar characteristics to Personal Service Providers, i.e. barber and beauty salons, within Neighborhood Commercial, General Commercial, Central Business District, Planned Commercial, Resort/Tourism, Old School Square Historic Arts District, and Mixed Residential, Office, Commercial Districts. Board Action: Approved 5 to 0 (Mark Krall and Joseph Pike absent). SITE PLAN REVIEW AND APPEARANCE BOARD AGENDA ITEMS ITEM A. Patio Beach Delray (303 Gleason Street) Request: Class III Site Plan Modification, Landscape Plan and Architectural Elevation Plan for interior and exterior renovations. City of Delray Beach Page 1 of 2 Printed on 4/13/2016 powered by Legistar'"^ File #: 16-387, Version: 1 Board Action: Approved 6 to 0 with conditions (Jose Aguila absent). ITEM B. Purlife Fitness Center (45-55 NE 2nd Avenue) Request: Architectural Elevation Plan with Mural and Landscape Plan associated with a Class III Site Plan Modification. Board Action: Approved 4 to 1 (Jim Knight dissenting, Andrew Youngross stepped down and Jose Aguila absent). ITEM C. Brighton Beach Bagel & Bakery (14587 South Military Trail) Request: Amendment to the Master Sign Program and a Class I Site Plan Modification for architectural elevation changes. Board Action: Approved 5 to 1, the amendment to the Master Sign program with conditions (Andrew Youngross dissenting and Jose Aguila absent). Approved 6 to 0, the Class I Site Plan Modification (Jose Aguila absent). ITEM D: Banyan Restaurant (189 NE 2nd Avenue) Request: Class I Site Plan Modification for architectural elevation changes. Board Action: Approved 4 to 2 (Roger Cope and Andrew Youngross dissenting and Jose Aguila absent) ITEM E: Delray Square II (14530 South Military Trail) Request: Class I Site Plan Modification for architectural elevation changes. Board Action: Approved 5 to 0 with conditions (Andrew Youngross stepped down and Jose Aguila absent). ITEM F: Cut 432 (432 East Atlantic Avenue) Request: Class I Site Plan Modification for an awning. Board Action: Approved 5 to 1 with conditions (Andrew Youngross dissenting and Jose Aguila absent). ITEM G: 198 NE 6th Avenue Request: Class I Site Plan Modification for exterior fagade renovations Board Action: Approved 6 to 0 with conditions (Jose Aguila absent). City of Delray Beach Page 2 of 2 Printed on 4/13/2016 powered by Legistar'"^ 910 7 O>L K� IZ T Z co (3) > 61, L k"Ida Rd' 0- 85 LV -NW-2nd St - 0 z `-�-- WIAtlantic Ave SW 2nd S -95 > 0, 7-07 LO> cp > LU (/) 0 0" St.. ' S SE,1 OtA,10th St -(n L6 _i6n Blvd 0 O�t > > -ELinton,Blv _W Linton -Blvd Oz e,)to r to 'k rr ..... . . . . . Planning & Zoning Department BOARD ACTION REPORT — APPEALABLE ITEM Project Name: 198 NE 6d' Avenue Shopping Center - Storefront Renovation Project Location: 198 NE 6d` Avenue Request: Architectural Elevation changes Board: Site Plan Review and Appearance Board Meeting Date: March 23, 2016 Board Action: Approved 6-0. Project Description -noting staff concerns: The subject property is located on the southwest corner of NE 6d' Avenue and NE 2nd Street within the Central Business District (CBD). The building was constructed in 1950, and consists of a 4,029 sq. ft. shopping center. The development proposal involves exterior facade renovations and upgrades to all four building elevations, which includes window and door replacements and upgrades, and addition of new junction boxes for future signage and new scones for illumination. The white stucco will be used over brick to upgrade Mexican tile. All four facades and parapet will be painted in white. Board comments: The Board approved the proposal with the following conditions: 1) That the light fixture must be changed to an LED fixture to meet current requirements. 2) Submittal of a photometric plan. Public input — noting comments and concerns: No public input Associated Actions: No actions Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- RECOMMENDATION: APPROVAL MEETING March 23, 2016 DATE: ITEM: 198 NE 6" Avenue: Class I Site Plan Modification associated with architectural elevation changes. GENERAL DATA: Agent ................................... Silberstein Architecture Location .................................. Southwest corner of NE 2nd St. NE 6`" Avenue. Property Size .......................... 0.32 acres Existing FLUM......................... GC (General Commercial) Current Zoning ........................ Central Business District(CBD) Adjacent Zoning ............ North: Central Business District(CBD) East: Central Business District(CBD) South: Central Business District(CBD) West: Central Business District(CBD) Existing Land Use ................... Store/Office/Residential NE 1 st St A& NORTH PEL9BEACH haend AIHAacerAaCity 14��3 Agent: Project Name: Project Location Silberstein Architecture 198 NE 6th Avenue Shopping Center - Storefront Renovation 198 NE 6th Avenue nHRAY flEACN AIHAmwicaCity �Jlil The item before the Board is approval of an architectural elevation change associated with a Class I Site Plan Modification for Shopping Center located on 198 NE 6th Avenue, pursuant to LDR Section 2.4.5 (G)(1)(a). The subject property is located on the southwest corner of NE 6th Avenue and NE 2 n Street within the Central Business District (CBD). The building was constructed in 1950, and consists of a 4,029 sq. ft. shopping center. The property is legally described Town of Delray, LT 1 (Less W 10 ft US Hwy # 1 S R/W) & N 50 ft of lot 11 (Less E 5 FT US Hwy # 1 N R/W) Blk 107. A Class I Site Plan Modification has recently been submitted for architectural elevation changes to the existing structure, and is now before the Board for action. LDR Section 4.6.18(B)(14) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (a) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The development proposal involves exterior facade renovations and upgrades to all four building elevations. On north elevation, existing windows will be replaced with enlarged windows that extend up to face of the eyebrow except for windows on the east side on north elevation (which will only be enlarged horizontally), door openings will be enlarged extending up to the face of the eyebrow by SPRAB Staff Report 198 NE 6th Avenue — Meeting Date: March 23, 2016 Class I Site Plan Modification Page 2 removing existing header. New junction boxes will be added for future signs and aluminum numbers will be added. Existing Mexican tile at face of eyebrow on north and east elevations will be upgraded with white smooth float finish stucco over existing brick. Windows and doors will be upgraded without expanding existing opening on south elevation. In addition, on south fagade, new sconces will be added above doors along with two new security lights. On east elevation, existing brick planter will be removed, new junction box will be added for future sign, aluminum numbers will be raised, door will be replaced without extending opening and existing windows will be replaced with enlarged windows that extend up to face of eyebrow. Since there are no architectural elements on west fagade, the development proposal only includes painting with white color. Existing parapet cap along four facades is to be painted white. The introduction of the architectural changes will not adversely affect the surrounding area and will not materially depreciate the neighboring areas. Based on the above, positive findings can be made with respect to LDR Section 4.6.18(E). A. Continue with direction. B. Aprove the Class I site plan modification and associated architectural elevations for the198 NE 6t Avenue Shopping Center based on positive findings with respect to Land Development Regulations Section 4.6.18(E), subject to the attached condition of approval. C. Deny the Class I site plan modification and associated architectural elevations for the the198 NE 6th Avenue Shopping Center based upon a failure to make positive findings with respect to Land Development Regulations Section 4.6.18(E). Approve the Class I Site Plan Modification for the 198 NE 6th Avenue Shopping Center, based upon positive findings with respect to Section 4.6.18(E) of the Land Development Regulations. Attachments: • Site Plan • Architectural Elevations Staff Report Prepared by: Michael Vinci, Planner RECEIVE® BY MAR 0 2 2016 ty of Delay t3eacn SKETCH OF SURVEY E�Y -DewG°° 1PBCR - Palm BcacM1 County Records Zonin g�THE Leo ACH) PB 1, PAGE 3 ; 1.")v) I.>(A 91i,1.eo,D„o. ,�,e.,7.,e,�.D m� A p[D. __ pmw R.,AN.I. An,Rnan�TM[N�nnm�m Icr:cND F = Measured in lield or olculaled from Feld maasuremenb HID1rent PCP =Pennanen[ Control Point property line 10 N1kiItL PIAT THEREOF ON VILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, x" O A - kc LWN'tl, FFH ND FPL - F- = Flerido Powai k Ught PIP = Peno ent Refe2n<e Monumen[MY50 ACE J. LE55 iXAT POfti ION THEREDF CONVEYED FOR RICHT-OF-WAY OF RECORDS BOOK 475, PAGE 176 . ALL OF THE PUBUC RECORDS OF PALM BENCH CCU-. FLORIN STATE ROAD 5 . AS RECORDED IN OFFCIAL z,A rRFP°�NENT� BM - BencM1mark BLDG =Building C/ HH G. V°Ire = Handhdle R R/W . Rodiva - Right-ef-Way PF C Calcalaled IP IR - Iron Pip° - Iran RDd SBT - Southam BDII Riser THENORTHSO FEET OF LOT 11 BLOCK 107. LESS THE EST 5 FEET THEREOF COMPRISING ROAD RIGHT-OF-WAY, TOWN OF UNION NOW DELRAY) CATV -Cable Telwl.ion Ri.eT IRC =Iron Rod h Plostic Cap SIRC 1 - Se: Iron Rod 6: PIOY.ic Cal ACCORDING TO THE PUT THEREON' ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT , RECORDED IN PLtT BOOK 1 . PACE J . OF THE } LL - Cent -,DW CLF - Chain Link Fence lAE . Limited Access Easement SWK UE = SID.k : Utility Eas...nt PUBUC RECORDS OF PNM BEACH COUNTY , FLORID.A. m CBS Centrale Block Strocture LP LME = Light Pale - Lane Mlntenvnee Easement WM Water Macer GROSS LAND AREA suMMARY PARKING SUMMARY ]ONING CI AccIFlC_ CM =Concrete Monument CONC - COn<rota NO:D -OHW- - NoiI and III - Overhead Wire WP - ..0 Pole LOT 41 - ].600.9] SF (LESS FOOT 10' ROW) LOT 41 - 16 SPACES - REGULAR CBO - Central Business (CBD) Dirtrict LP -Concrete Pole ORB . OYcial R.- Beok ® LOT 411 - fi,456.a1 SF (LESS SOUTH 11.2' LOT 41 1 SPACE - HANDICMPED w FOOT 5' ROW1 LOT 411 = a SPACES - REGUUI PER TABLE a.a.t3 (C) OF DELRAY BEACH OIMENS,OML REOUIREMENTS BY CBD SUB -DISTRICT CODE G = Central Angle DEN=Diameter at Brevet HeigM1t p Pg - plot .Plat Book TOTAL - 14,057.34 SF (GROSS LAND MEA) FRONT - 10 FT. MIN. h 15 FT. MAX. DE D,.i,.ge Eoaemeni DRNG -Drainage PBCR 9h County Record. -Pal'.1 SIOE - 0 FT. MIN REAR -10 FT. MIN. ESMT - Easement PCP Pormonent cc*41 DOW xar: NE 2ND STR�?ET - 50' AN.r PAZ- m x L=23.72' R=15.00 - N 89' 29' 50' E 130.0' � mo \- Ac earn m Ii I --U10 UFA LEflY62l TF Hy FORMERLY— - NO REV190N I syl C -•'"--x}037 0 TOWN OF LINTON - (NOW DELRAY B ' xcx, (Fm PR ACH) PB 1, PAGE 3 ; 1.")v) I.>(A 91i,1.eo,D„o. ,�,e.,7.,e,�.D m� A p[D. __ pmw R.,AN.I. An,Rnan�TM[N�nnm�m S. 89 29 50' W 109.8w o.• cdlR �+u •'^---•'"--• —E. ET. AL eu xi < m 160 NE 6TH AVENUE, UD INARN PUCE AT DEWY ANX O x x O x" O LCT 4 PB 96. PADS y P6 96, PARE 23 P9 95, PAGE 23. PLACE AT DEIAAY Pfi 96, PADS ]3 UO W Z WDE -1 z,A rRFP°�NENT� — ZcT ^L_ m i - (:PrAa D aAF e U �x / O a,m aAax t' AAldxc IN W N tE) ai } \eO�00Y- 0 PARKING AREA '� s-(THvxv<j ASPHALT SURFACE J O 0 m PARKING AREA ASPHALT AREA t G R0 Z W Z WATER w = =O w© crates? c9) % �° f - .n____-.w.__.w .1"p_S'E9•"ffic30�116-11516.`w p—mow ,a6 AvxAtT .AR . u RRIm 9oEAAu[ � 112.27' 2t. . NDO r AN } 1 -STORY CBS COMMERCIAL BUILDING tnm pG FINISHED FLOOR g0 \� FINISH FLOOR ELEV - 14.2' n L�GQ(i 000'1- BLDG HEIGHT - 1..25' n QJ p00 - tfi.18' 5 28' ] ia1.27' -Ix D.n' �T ,...TiD"•7 IS :1 f1 � ,: 1 ..20.06' W= o — a R,. m F. ea u1 W oar N 89. 29't 50' E 125.0'xd00 E Z,C DRAW- [ASDNIT - FFA va fm. Fc ,e, F" I, - d/ aiix[rnox - - - - - - - - ecN CURRENTLY — LOT 7 r — e mwa 5TH AVENUE AT DE LAY — ,vOpwxAa J A REPLAT OF TOWN OF LINTON P°'Pat'4°°' (PRESENTLY CITY OF DELRAY BEACH) PBC PLAT BOOK 108 -PG 161 FORMERLY LOT 2 - TOWN OF LINTON - (NOW DELRAY BEACH) - PB 1, PAGE 3 I , GNT Or %9- 'A xm[mµuEm(mNWAYENNoemoOnNmx0.). DarxpAnmOr m�m,x:Rad T ., 1= 1 e4Fxn. rwwa nmwmm Ix m ,6 .w• [uvAnvx sxawx x .wE e+sm On THE runout cmornc cpun ac (vlwuT N0. ses.) Or n¢ "'M N[ >a0 sm[cr. m,wr acp. FtmNq a p[Fmpan Ix a2111 cpNrn. wc. or gp0rnm. eeRrin. mFy,Hn, le "a/e, .yr.IRn; A rpeH:\Msem\aa nl„\Jme.Hz � PI�w�R9pI4R/ fct6.a9\Ia�.se� I - - - - - N 89' 29' 50' E 130.0' � mo \- Ac earn m Ii I --U10 UFA LEflY62l TF Hy FORMERLY— OF LOT 17 NO REV190N I syl C uTErn,[ GATE: 7/,s/,s a em Aw TOWN OF LINTON - (NOW DELRAY B ' xcx, (Fm PR ACH) PB 1, PAGE 3 ; 1.")v) I.>(A 91i,1.eo,D„o. ,�,e.,7.,e,�.D m� A p[D. __ pmw R.,AN.I. An,Rnan�TM[N�nnm�m —2 ,unc N/F GANAVM MITI N/F PALESTINE Er. AL —E. ET. AL eu xi < m 160 NE 6TH AVENUE, UD INARN PUCE AT DEWY IDT 2 TOWN PLACE AT DELRAY LOT ] TOWN PUCE AT DELRAY LCT 4 PB 96. PADS y P6 96, PARE 23 P9 95, PAGE 23. PLACE AT DEIAAY Pfi 96, PADS ]3 Ix[ FORMERLY LOT 12 - TOWN OF LINTON - (NOW DE AY BEACH) - PS 1. PAI 3 uTn/®rs¢vm,a AN 2,'a NONIwI- I W. -T RIE.,. 1=23.40, R=15.00' A--89'23'00" —tNA'� - P Rai ar wAr s RexEem. uc. A nmDA uu lm uAelulr muvAxr STREET ADDRESS: N198 HE 6TH AVENUE =T Ii I --U10 UFA LEflY62l TF Hy n DOTD. NO REV190N I syl C uTErn,[ GATE: 7/,s/,s a em Aw S z W z I.>(A 91i,1.eo,D„o. ,�,e.,7.,e,�.D m� A p[D. __ pmw R.,AN.I. An,Rnan�TM[N�nnm�m W z x H Z W ,o)° ' ,x1 FRmm,Y I. MTEDRD RI—N.1 pm,RK1m61. m6 .. 1. e. DI' --ENn S s w W= oz (DATE m -T • xAspm ND. eve MADE DATE F.B. 11Cs_PG u: ° J NOT -D —T nc amAlupE AND „¢ I.A.mAADOD out m A -.A .-- .1-1 AND wAFFEx CHECKEO_DATE— 9CALE UO W Z WDE -1 z,A rRFP°�NENT� J IS DSSFEM- ME. IDIS BBG WDB]6' T 02/ s RexEem. uc. A nmDA uu lm uAelulr muvAxr STREET ADDRESS: N198 HE 6TH AVENUE =T Ii I --U10 UFA LEflY62l TF Hy i IAf UC111016 PB Of)6 R:ORT-I.1.4N TF 11/ ntE RENmm2 Evv.0ma DELRAY 8EACH. FL NO REV190N I syl C uTErn,[ GATE: 7/,s/,s a em Aw SURVEY OF PROPERTY uA%p wa - -mans a Ha p.:a5 w Ae cnD Na TM[ , Nwlw e x ro mT l pm p N e A°uCAcv wRxiEc�nnmEST:.u'Niv Ax0 ADm m'er AtrA Ano xe.s ETTEcnvE ['m°1pJA.. za zan. Ano wa,0m ,1ENs :.,. I.>(A 91i,1.eo,D„o. ,�,e.,7.,e,�.D m� A p[D. __ pmw R.,AN.I. An,Rnan�TM[N�nnm�m DESCRIBED HEREON D.) TM,m N ap ®RtaxxA�pEW mRr �pEm BOUNDARY ,o)° ' ,x1 FRmm,Y I. MTEDRD RI—N.1 pm,RK1m61. m6 .. 1. e. DI' --ENn SURVEY supxrcps In m p,m an7. Fl—Nwwlsm"n e.'OFu:w.wro"'W.xcnlw Rrz z7lj``a'. -IDAsrA , eoum aF FaucsamNl ,.w0 o JOHN A. GRANT, JR.. ULC. CMl9itn.N0,- BARSWIG]TATO FWDA J1 PH. NO. 561-39-11 FAX N0. 561-395- UCENSEO BUSINESS NO, LB 50 (DATE m -T • xAspm ND. eve MADE DATE F.B. 11Cs_PG u: SIATEm F.asDA NOT -D —T nc amAlupE AND „¢ I.A.mAADOD out m A -.A .-- .1-1 AND wAFFEx CHECKEO_DATE— 9CALE z2 2 O\z z //r�/a;iiili//,//.. m, i1 EXISTING NORTH ELEVATION &EXISTING SOUTH ELEVATION j� EXISTING EAST ELEVATION RECEIVED BY MAR 02 2016 City ®f Delray Beach Plannin & Z®nin LEGEND �, euMove wmi"e Mezu"nu.vv.a "osneeo ❑x w oe Q i uovcu"n"uMeps.nr: ❑° pmn El1 H ---a�- -- ewer"�o.�"� E] --o—oveeoPo=..p ED o" _G,U_o"eo..,oe��n ❑e " ❑° o 1AIw IIIIFI"e 0 ' 0 � W11— $11 o W A -i NA LU = 3� U w Q Z W H N LLJ m J Z O O Z Z W w F, LL ZW2 O zu CieLL- LU pm yW[d P3 PROPOSED NORTH ELEVATION /11 1�1\ 1�1\ F11, \ 1�1\ \9�\ o 0 0 00 A �1 PROPOSED SOUTH ELEVATION 2 EXTERIOR GLAZING SCHEDULE All C NG: a AN HURRICANE IMPACT - -DOW 9iu�i��. -DOW TYPE I 'NAME I DETAILS I REMARKS i1 'WINDOW SECTION LEGEND oRITIO, oW oN o REM ER.,"',E=� El, GMEMNRNMMSR4 TN. ) u oN or oN ED1111U- - -II ..N.INMUUNRONA-E..NG R.H. oN�, ED IX �RIN .-TEN� El oN �Ea­N.­. IQI-II roNrlNuous oelrEEocE I+8I RMfEOALUMINUMUNTRUMEEAS RECEIVED MAR 0 2 2016 City ©f Delray each Planning & Zcnina w gIoq Aa W raE� U Z W V) uj m J N Z O O Z Z W m Zw2 0<u Lu ix1.r � Ow[do Sa RECEIVE® BY MAR 4 2 2016 inning & Zoning -L-A OOASTATOO LU Q CIL,LU mF�� I to OA w rt� ry w m J m ................ .... MP h. ode, L,7 NE 2nd Street Jl� e,: I- - --T Tl AT I L- � , 1p 0 r RM =21 a I Cl, GA4,Wll i r s n r- �. i t 7 ,•tom ., ,, 4 6,71 4 7, WWJ• Y� �f ( T=. r• 7 3 s AHCE WMW � •orSnm«.wo�o.e.t.S N'`-.. i"ftlumanft �■ Anodised White Wall Aluminium Store Front Building With proposed colors %7 Planning, Zoning, and Building Department BOARD ACTION REPORT — APPEALABLE ITEM Request: Tattoo Establishment — Similarity of Use Determination Location: Applies to Neighborhood Commercial, General Commercial, Central Business District, Planned Commercial, Resort/Tourism, Old School Square Historic Arts District, and Mixed Residential, Office, Commercial Districts Board: Planning and Zoning Board Meeting Date: March 21, 2016 Board Action: Approved (5-0; Krall and Pike absent) the Similarity of Use Determination for the Tattoo Establishment as similar to Personal Service Providers, i.e. barber and beauty salons, or Services and Facilities as a permitted use within any zoning district permitting these uses. Project Description Currently, Delray Beach's Land Development Regulations (LDRs) does not specifically list tattoo studios/parlors or related uses as either a principal, accessory or conditional use. Therefore, an interpretation is necessary to determine whether or not the use is allowable through the similarity of use process [Sec. 4.3.2(C)(1) and (2)] until such time as the LDRs are amended to include regulations for tattoo studios/parlors. Pursuant to LDR Section 2.4.5(1(5), prior to approving a determination of similarity of use request, the Planning and Zoning Board must find that the requested use is indeed similar to a use allowed in the referenced zoning districts and as defined by the LDRs. The specific request is for a Board determination that a Tattoo Studio is similar to Professional Service Pmviders, as listed in LDR Section 4.4.9 of the GC zoning district (within Services and Facilities) and Appendix A, Definitions. While the Applicant is interested in establishing a tattoo studio at 165 Avenue L, the similarity of use determination would apply to all zoning districts that permit Personal Service Providers (also referred to as Services and Facilities) including Neighborhood Commercial (NC), General Commercial (GC), Central Business District (CBD), Planned Commercial (PC), Resort/Tourism (RT), Old School Square Historic Arts District (OSSHAD), and Mixed Residential, Office, Commercial (MROC) Districts. Board comments: Board discussion included state regulations regarding tattoo establishments and health regulations. Concerns also included whether the request included body piercing and future considerations of regulations related to time, manner, and place regulations and how these would be different for tattoo establishments versus a barber shop or salon. This will be addressed as part of the pending amendment to the Land Development Regulations. Public Comments There were no public comments. Appealable Item Report Tattoo Establishments Page 2 of 2 Associated Actions: There are no associated actions with this request. The Planning & Zoning Division is drafting amendments to the Land Development Regulations to specifically include "Tattoo Establishments" in the list of uses with associated supplemental standards. Next Action: The PZB action is final unless appealed by the City Commission. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT Meeting Date: March 21, 2016 Request: Similarity of Use Determination for a Tattoo Studio Applicant: Michael Weiner Weiner & Thompson, P.A. Location: Applies to Neighborhood Commercial, General Commercial, Central Business District, Planned Commercial, Resort/Tourism, Old School Square Historic Arts District, and Mixed Residential, Office, Commercial Districts Recommendation: Approval ITEM BEFORE THE BOARD The item before the Board is a request for a determination of similarity of use, pursuant to LDR Section 4.3.2(C)(2). The request is to determine that a Tattoo Studio has similar characteristics to Personal Service Providers, i.e, barber and beauty salons. If this determination of a similarity of use is approved, a Tattoo Studio would be allowed as a permitted use within any zoning district (listed above) where Personal Service Providers or Services and Facilities are permitted uses. BACKGROUND On December 29, 2015, the United States Court of Appeals for the 11th Circuit', in Buehrle v. City of Key Wese (Exhibit A), concluded that tattooing constituted artistic expression protected under the First Amendment of the U.S. Constitution. As protected artistic expression, a municipality may regulate protected artistic expression only if the regulation: (1) is justified without reference to the content of the regulated speech, (2) is narrowly tailored to serve a significant governmental interest, and (3) leaves open ample alternative channels for communication of the information. Effectively, the City of Delray Beach may regulate tattoo studios, parlors, or related uses through reasonable time, place, and manner restrictions with supporting evidence for such restrictions based upon the three criteria. Currently, Delray Beach's Land Development Regulations (LDRs) does not specifically list tattoo studios/parlors or related uses as either a principal, accessory or conditional use. Therefore, an interpretation is necessary to determine whether or not the use is allowable through the similarity of use process [Sea 4.3.2(C)(1) and (2)] until such time as the LDRs are amended to include regulations for tattoo studios/parlors. ' The United States Courts of Appeals for the 11'h Circuit includes Florida, Georgia and Alabama. 2 Buehrle v. City of Key Wese, No. 14-15354, 2015 U.S. App. LEXIS 22782 Planning and Zoning Board Memorandum Staff Report — March 21, 2016 Determination of Similarity of Use: Tattoo Studio in Multiple Zoning Districts. On February 8, 2016, an Administrative Similarity of Use request was submitted for a Tattoo Studio located at 165 Avenue L. The location is within the Planned Commercial (PC) zoning district. The letter (Exhibit B) requesting the administrative similarity of use determination provides the Applicant's justification for the determination. LDR Section 4.3.2(C) requires an interpretation by the Director as to whether the use is allowable on the basis that it is identical to a listed use. If the request is not identical but has similar characteristics to allowable uses, the use may be established in a specific zoning district through action of the Planning and Zoning Board. On February 22, 2016, the Director issued a determination that the use is not identical to a use listed under the GC zoning district, however, it may have similar characteristics to specific uses and is eligible under Section 4.3.2(C)(2) for a determination of a similarity of use by the Planning and Zoning Board. On March 4, 2016, the Applicant requested that the determination of a similarity of use be scheduled for consideration by the Planning and Zoning Board. The letter also provides supplemental information regarding the similarity of use (Exhibit C). The following sections provide an analysis of the similarity of use and recommendation for the request. SIMILARITY OF t1SE ANALYSIS Pursuant to LDR Section 2.4.5(N)(5), prior to approving a determination of similarity of use request, the Planning and Zoning Board must find that the requested use is indeed similar to a use allowed in the referenced zoning districts and as defined by the LDRs. The specific request is for a Board determination that a Tattoo Studio' is similar to Professional Service Providers, as listed in LDR Section 4.4.9 of the GC zoning district (within Services and Facilities) and Appendix A, Definitions. While the Applicant is interested in establishing a tattoo studio at 165 Avenue L, the similarity of use determination would apply to all zoning districts that permit Personal Service Providers (also referred to as Services and Facilities) including Neighborhood Commercial (NC), General Commercial (GC), Central Business District (CBD), Planned Commercial (PC), Resort/Tourism (RT), Old School Square Historic Arts District (OSSHAD), and Mixed Residential, Office, Commercial (MROC) Districts. Section 381.00771, Florida Statutes, defines a "tattoo" as a "mark or design made on or under the skin of a human being by a process of piercing or ingraining a pigment, dye, or ink in the skin." The statutes also define tattoo artist and tattoo establishment. A tattoo establishment is a use that is not specifically listed as an allowable use in any zoning districts. Permanent makeup, typically associated with a spa or salon, is considered tattooing and may be referred to as micropigmentation. The statutes now require the same licensing and regulation for both tattoo artists and permanent makeup artists. The Land Development Regulations, Appendix "A", defines Personal Service Providers as "(Beauty Salons, Spas, etc.) Commercial establishments providing personal services varying in range and scope including but not limited to hairstyling, manicuring, pedicures, facials, 3 All tattoo studios (referred to by statute as "Tattoo Establishments") and tattoo artists are regulated by Sections 381.0071 — 381.00791, Florida Statutes. They are further regulated by the Florida Department of Health within Chapter 64E-28 of the Florida Administrative Code entitled "Tattooing". The establishment and artist must be licensed by the State of Florida and regularly inspected. 2 Planning and Zoning Board Memorandum Staff Report — March 21, 2016 Determination of Similarity of Use: Tattoo Studio in Multiple Zoninq Districts. massages, etc.". The LDRs do not have a definition of tattoo establishment or related definitions. Personal Service Providers are also similar to barber and beauty shops and salons listed in the Permitted Uses and Principal Structures section of several commercial zoning districts under Services and Facilities. In general, personal service providers include any business (or use) with the primary purpose of providing personal services and encompass a wide range of professions which may include tattoo artists and tattooing. Generally, the impacts of a tattoo establishment are similar to personal service providers. In 2010 and 2012, the City of Hermosa Beach, California, and the City of Mesa, Arizona, respectively, both had ordinances banning tattoo establishments which were struck down by the 9ffi Circuit Court, similar to the recent 11`" Circuit action. These municipalities have adopted amendments to their codes to include tattoo establishments with reasonable time, place, and manner restrictions; however, they did not maintain their ban on tattoo establishments. They found that the use was generally similar to personal service providers but due to potential secondary effects required limitations on the use. Attached is an October 4, 2010, Hermosa Beach memorandum regarding a municipal code amendment to allow tattoo businesses in certain districts, along with Ordinance No. 10-1313 (Exhibit D). The Planning Department is currently drafting a proposed LDR text amendment to specifically address tattoo establishments as a use with reasonable restrictions. The restrictions may address at a minimum concentration of similar age restricted uses (distance/separation), health risks (compliance with health regulations and licensing), and potential for late night activity near residential uses (hours of operation), Until such time as these regulations are adopted, the Department recommends that the Board make a determination of a similarity of use between Personal Service Providers and Tattoo Establishments. REVIEW BY OTHERS CourtesV Notices: No public notices or courtesy notices have been distributed to adjacent property owners or associations. Letters of support or objection, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Determine that a Tattoo Studio is similar to the use category of Services and Facilities, Professional Service Providers, as listed in LDR Section 4.4.9 of the GC zoning district and Appendix A, Definitions, and approve the request. Determine that a similarity of use is not appropriate, but the use is recommended for inclusion in the Land Development Regulations through a formal text amendment. C. Determine that a Tattoo Studio is not similar to the use category of Services and Facilities, Professional Service Providers, as listed in LDR Section 4.4.9 of the GC zoning district and Appendix A, Definitions, and deny the request. RECOMMENDED ACTION By motion, approve the similarity of use request that a Tattoo Studio is similar to Services and Facilities, Professional Service Providers, as listed in LDR Section 4.4.9 of the GC zoning district and Appendix A, Definitions as presented. Planning and Zoning Board Memorandum Staff Report — March 21, 2016 Determination of Similarity of Use: Tattoo Studio in Multiple Zoning Districts. Report Prepared by: Timothy Stillings, Planning & Zoning Director Attachments: • Exhibit A — Buehrle v. City of Key West, No. 14-15354, 2015 U.S. App. LEXIS 22782 • Exhibit B — February 8, 2016, Administrative Similarity of Use request • Exhibit C — March 4, 2016 Similarity of Use request supplemental letter • Exhibit D — Hermosa Beach Memorandum and Ordinance No. 10-1313 No Shepard's Signal' EX H I B I 1 A As of: January 27, 2016 9:37 AM EST Buehrle v. City of Key West United States Court of Appeals for the Eleventh Circuit December 29, 2015, Decided No. 14-15354 Reporter 2015 U.S. App. LEXIS 22782 BRAD BUEHRLE, Plaintiff -Appellee, versus CITY OF KEY WEST, Defendant -Appellant. Prior History: [*1] Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 4:13-cv-10103-JEM. Disposition: REVERSED and REMANDED. study indicating that the operation of tattoo establishments in the historic district would impact the tourism industry. Outcome The judgment was reversed, and the case was remanded. Core Terms LexisNexis® Headnotes tattoo, ordinance, establishments, historic district, City's, artist, artistic expression, governmental interest, district court, municipal, tourism, regulation, painting, manner restriction, summary judgment, reasonable time, stated purpose, Amendment's, designated, serves Case Summary Overview HOLDINGS: [1] -Tattooing constituted artistic expression protected by the First Amendment; [2] -The city's interests were substantial in not allowing additional tattoo establishments to operate in the historic district because it would adversely impact the character and fabric of the district and thus the tourism that the district attracts; [3] -The city failed to meet its burden of showing that the city ordinance served the aforementioned interests; [4] -The city conceded the absence of any ill effect as a result of the two tattoo establishments it currently allowed to operate in the historic district; [5] -It pointed to no Constitutional Law > ... > Fundamental Freedoms > Freedom of Speech > Expressive Conduct HNI Tattooing constitutes artistic expression protected by the First Amendment. Real Property Law > Zoning > Historic Preservation HN2 Key West, Florida prohibits tattoo establishments in the historic district. Key West, Fla., Code of Ordinances, subpart A, § 42-6(a). It allows tattoo establishments only in the General Commercial District as a conditional use. Key West, Fla., Code of Ordinances, subpart B, § 122-418(21). Constitutional Law > ... > Fundamental Freedoms > Freedom of Speech > Expressive Conduct HN3 The First and Fourteenth Amendments prohibit states from making any law abridging the freedom of speech. U.S. Const. amends. I and XIV. That protection does not end at the spoken or written word, but extends to various forms of artistic expression. Pictures, films, paintings, 2015 U.S. App. LEXIS 22782, *1 drawings, and engravings have First Amendment protects the gallery owner who displays it, the protection. The First Amendment unquestionably buyer who purchases it, and the people who view shields the painting of Jackson Pollock, music of it. The right of freedom of speech and press Arnold Schoenberg, or Jabberwocky verse of includes not only the right to utter or to print, but Lewis Carroll. Although the United States the right to distribute, the right to receive, the Supreme Court has never explicitly defined the right to read. Any other interpretation of the First entire universe of artistic expression safeguarded Amendment in that context would deprive it of by the First Amendment, it has cast the the force and effect the United States Supreme amendment's protections over_a variety of artistic Court has told courts it deserves. media, including movies, music without words, and nude dancing. Constitutional Law > ... > Fundamental Freedoms > Freedom of Speech > Expressive Conduct HN4 The United States Court of Appeals for the Ninth Circuit encountered the issue of whether tattooing is a protected form of artistic expression in the Anderson decision, where it held that tattooing was protected speech and that a city constitutionally could not ban tattoo establishments from operating in the city. The United States Court of Appeals for the Eleventh Circuit joins the Ninth Circuit in holding that the act of tattooing is sheltered by the First Amendment, in large part because find tattooing is virtually indistinguishable from other protected forms of artistic expression. As the Ninth Circuit observed, the principal difference between a tattoo and, for example, a pen -and -ink drawing, is that a tattoo is engrafted onto a person's skin rather than drawn on paper. A form of speech does not lose First Amendment protection based on the kind of surface it is applied to. Constitutional Law > ... > Fundamental Freedoms > Freedom of Speech > Expressive Conduct Constitutional Law > ... > Fundamental Freedoms > Freedom of Speech > Free Press HN5 The First Amendment's safeguards are not neatly cabined. Protected artistic expression frequently encompasses a sequence of acts by different parties, often in relation to the same piece of work. The First Amendment protects the artist who paints a piece just as surely as it Constitutional Law > ... > Fundamental Freedoms > Freedom of Speech > Expressive Conduct Constitutional Law > ... > Fundamental Freedoms > Freedom of Speech > Free Press HN6 A regulation limiting the creation of art curtails expression as effectively as a regulation limiting its display. The government need not ban a protected activity such as the exhibition of art if it can simply proceed upstream and dam the source. Consistent with the United states Supreme Court's teaching, the right to display a tattoo loses meaning if the government can freely restrict the right to obtain a tattoo in the fust place. The tattoo cannot be created without the tattooing process. Thus, as with writing or painting, the tattooing process is inextricably intertwined with the purely expressive product, the tattoo, and is itself entitled to full First Amendment protection. For that reason, the United States Supreme Court has never drawn a distinction between the process of creating a form of pure speech, such as writing or painting, and the product of those processes, the essay or the artwork, in terms of the First Amendment protection afforded. The First Amendment protects both the act of writing content and the act of publishing it. Constitutional Law > ... > Fundamental Freedoms > Judicial & Legislative Restraints > Time, Place & Manner Restrictions HN7 A municipality may regulate protected artistic expression only if the regulation: (1) is justified without reference to the content of the regulated speech, (2) is narrowly tailored to serve a Page 2 of 8 2015 U.S. App. LEXIS 22782, *1 significant governmental interest, and (3) leaves open ample alternative channels for communication of the information. Constitutional Law >... > Fundamental Freedoms > Judicial & Legislative Restraints > Time, Place & Manner Restrictions Real Property Law > Zoning> Historic Preservation HN8 In the context of time, place, and manner restrictions, there is no question that a city's further interest in creating an aesthetic ambiance which will attract tourists is a substantial government interest, especially where a designated historic area is at issue. A government has a more significant interest in the aesthetics of designated historical areas than in other areas. Evidence > Burdens of Proof > Allocation Constitutional Law > ... > Fundamental Freedoms > Judicial & Legislative Restraints > Time, Place & Manner Restrictions HN9 In the context of time, place, and manner restrictions, a court does not simply take a city at its word that the ordinance serves the mentioned legitimate interests. Instead, a city must demonstrate that it had a reasonable basis for believing that its regulation would further those legitimate interests. That burden is not a rigorous one. But a municipality cannot get away with shoddy data or reasoning. It must rely on at least some pre -enactment evidence that the regulation would serve its asserted interests. The enacting body must cite to some meaningful indication --in the language of the code or in the record of legislative proceedings --that the legislature's purpose in enacting the challenged statute was a concern over secondary effects rather than merely opposition to proscribed expression. Such evidence can include anything reasonably believed to be relevant, including a municipality's own findings, evidence gathered by other localities, or evidence described in a judicial opinion. Constitutional Law > ... > Fundamental Freedoms > Judicial & Legislative Restraints > Time, Place & Manner Restrictions HNIO In the context of time, place, and manner restrictions, an ordinance's statement of purpose may demonstrate that the ordinance serves a significant governmental interest if the statement of purpose is sufficiently detailed and supported with evidence. --- Constitutional Law > ... > Fundamental Freedoms > Judicial & Legislative Restraints > Time, Place & Manner Restrictions HNII In the context of time, place, and manner restrictions, when the reasons for an ordinance are given in the context of a lawsuit challenging the ordinance, well after the enactment of the ordinance, they cannot serve as pre -enactment evidence that the ordinance serves a significant governmental interest. Constitutional Law > ... > Fundamental Freedoms > Judicial & Legislative Restraints > Time, Place & Manner Restrictions HNI2 In the context of time, place, and manner restrictions, a court is not at liberty simply to presume the evidence needed to sustain the ordinance. The government bears the burden of showing that the articulated concern has more than merely speculative factual grounds. Counsel: For Brad Buehrle, Plaintiff - Appellant: Wayne LaRue Smith, Brett Tyler Smith, The Smith Law Firm, Key West, FL. For City of Key West, Defendant - Appellee: Michael Thomas Burke, Hudson Carter Gill, J. Marcos Martinez, Johnson Anselmo Murdoch Burke Piper & Hochman, PA, Fort Lauderdale, FL. Judges: Before MARCUS, WILLIAM PRYOR and JILL PRYOR, Circuit Judges. Opinion by: JILL PRYOR Page 3 of 8 2015 U.S. App. LEXIS 22782, *1 Opinion that its sailors would obtain ill-advised tattoos. Today, the City permits only two tattoo businesses JILL PRYOR, Circuit Judge: to operate in the historic district as lawful non -conforming uses; it [*3] allowed these as part The City of Key West, Florida has barred Brad of the settlement of a prior lawsuit challenging the Buehrle from opening a tattoo establishment in constitutionality of the ban. The City maintains the City's designated historic district, pursuant to that, given its history, tattoo establishments are an ordinance strictly limiting the number of tattoo inconsistent with the district's historic character. establishments- permitted to- operate -there—.Mr.--It also fears that -rash -tourists -will _ obtain.regrettable_ Buehrle contends that the act of tattooing is tattoos, leading to negative association with Key entitled to First Amendment protection and that West. Thus, it argues, permitting more tattoo the ordinance is an unconstitutional restriction on establishments will adversely affect tourism. his freedom of expression. The district court Mr. Buehrle filed suit in state court in Monroe granted summary judgment to the City, agreeing County, Florida. The City removed the action to with Mr. Buehrle that HNI tattooing constitutes the United States District Court for the Southern artistic expression protected by the First District of Florida. After conducting discovery, Amendment but nevertheless finding the ordinance the parties filed cross-motions for summary to be a reasonable time, place, and manner judgment. The district court granted the City's restriction. We agree with the district court's [*2] motion and denied Mr. Buehrle's, concluding that conclusion that tattooing is protected artistic although the act of tattooing constitutes protected expression, but we reverse the summary judgment speech, the City's ordinance was content neutral because, on the record before us, the City has and constituted a reasonable time, place, and failed to show that the ordinance is a reasonable manner restriction. This is Mn Buehrle's appeal. time, place, and manner restriction. H. DISCUSSION L BACKGROUND Mr. Buehrle wished to open a tattoo establishment in the City's historic district. After negotiating a lease to rent commercial space there, he attempted to file an application with the City for a business license. The City denied Mr. Buehrle's application. HN2 The City prohibits tattoo establishments in the historic district, see Key West, Fla., Code of Ordinances, subpart A, § 42-6(a), and allows tattoo establishments only in the General Commercial District as a "conditional use," see id. subpart B,§ 122-418(21). The island of Key West has a history of restricting the operation of tattoo establishments. From 1966 to 2007, there was a blanket prohibition on operating any tattoo establishments on the island. According to local lore, this ban arose at the request of the United States Navy, which feared A. Tattooing as Artistic Expression HN3 The First and Fourteenth Amendments prohibit states from making any law abridging the freedom of speech. U.S. Const. amends. I, XIV; Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 581, 92 S. Ct. 2701, 33 L. Ed. 2d 548 (1972). This protection "does not end at the spoken or written word," Texas v. Johnson, 491 U.S. 397, 404, 109 S. Ct. 2533, 105 L. Ed. 2d 342 (1989), but extends to various forms of artistic expression. [*4] See Kaplan v. California, 413 U.S. 115, 119-20, 93 S. Ct. 2680, 37 L. Ed. 2d 492 (1973) ("[P]ictures, films, paintings, drawings, and engravings ... have First Amendment protection ...."); see also Hurley v. Irish -Am. Gay, Lesbian & Bisexual Grp. of Bos., 515 U.S. 557, 569, 115 S. Ct. 2338, 132 L. Ed. 2d 487 (1995) (noting that the First Amendment "unquestionably shield[s]" Page 4 of 8 2015 U.S. App. LEXIS 22782, *4 the "painting of Jackson Pollock, music of Arnold 532, 560 S.E.2d 420, 423 (S.C. 2002). In the Schoenberg, or Jabberwocky verse of Lewis opinion of these courts, a tattoo artist's "interest in Carroll"). Although the Supreme Court has never engaging in conduct involving tattooing does not explicitly defined the entire universe of artistic rise to the level of displaying the actual image expression safeguarded by the First Amendment, conveyed by the tattoo, as the tattoo itself is it has cast the amendment's protections over a clearly more communicative, and would be variety of artistic media, including movies, Joseph regarded as such by the average observer, than the Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 process of engrafting the tattoo on the recipient" S. Ct. -777; 96-L. Ed. 1098-(1952);-musicwithout --Yurke-w,-495-F.-Supp. at 125.4. This,-Ihese courts words, Ward v. Rock Against Racism, 491 U.S. explain, is because "[t]he act of tattooing ... is not 781, 790, 109 S. Ct. 2746, 105 L. Ed. 2d 661 intended to convey a particularized message. The (1989); and nude dancing, Schad v. Borough of very nature of the tattoo artist is to custom -tailor Mount Ephraim, 452 U.S. 61, 66, 101 S. Ct. 2176, a different or unique message for each customer 68 L. Ed. 2d 671 (1981). to wear on the skin." Hold Fast Tattoo, 580 F. Supp. 2d at 660. As such, "[t]he act of tattooing is We have never addressed whether tattooing is a protected form of artistic expression. HN4 The Ninth Circuit encountered this issue in Anderson v. City of Hermosa Beach, where it held that tattooing was protected speech and that Hermosa Beach constitutionally could not ban tattoo establishments from operating in the city. 621 EM 1051, 1055 (9th Cir. 2010). We join the Ninth Circuit in holding that the act of tattooing is sheltered by the First Amendment, in large part because we find tattooing to be virtually indistinguishable from other protected forms of artistic expression. As our sister circuit observed, "[t]he principal difference between a tattoo and, for example, a pen -and -ink drawing, is that a tattoo is engrafted onto a person's skin rather than drawn [*5] on paper.... [A] form of speech does not lose First Amendment protection based on the kind of surface it is applied to." Id. at 1061. The City points us to a number of district and state court decisions drawing a distinction between the process of creating a tattoo and the tattoo itself. These courts reason that the act of wearing a tattoo is communicative, and consequently protected speech, but that the process of tattooing is not. See, e.g., Hold Fast Tattoo, LLC v. City of North Chicago, 580 F. Supp. 2d 656, 660 (N.D. 111. 2008); Yurkew v. Sinclair, 495 F. Supp. 1248, 1253-54 (D. Minn. 1980); State v. White, 348 S.C. one step removed from actual expressive conduct" because, although it can be used to convey a message, it is the customer's message being conveyed, [*6] not the tattoo artist's. Id. These decisions treat the First Amendment's protection as a mantle, worn by one party to the exclusion of another and passed between them depending on the artistic technique employed, the canvas used, and each party's degree of creative or expressive input. But HN5 the First Amendment's safeguards are not so neatly cabined. Protected artistic expression frequently encompasses a sequence of acts by different parties, often in relation to the same piece of work. The First Amendment protects the artist who paints a piece just as surely as it protects the gallery owner who displays it, the buyer who purchases it, and the people who view it. See Griswold v. Connecticut, 381 U.S. 479, 482, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965) ("The right of freedom of speech and press includes not only the right to utter or to print, but the right to distribute, the right to receive, the right to read ....'�. Any other interpretation of the First Amendment in this context would deprive it of the force and effect the Supreme Court has told us it deserves. See Ward, 491 U.S. at 790. HN6 A regulation limiting the creation of art curtails expression as Page 5 of 8 2015 U.S. App. LEXIS 22782, *6 effectively as a regulation limiting its display. The custom designs, and some have even sought government need not ban a protected activity such copyrights for their finished pieces. Currently, as the exhibition of art if it can simply proceed most tattoo artists are graduates of college art upstream and dam the source. Consistent with programs who seek the intrinsic appeal of the [*7] the Supreme Court's teaching, the right to medium and desire to break free from the display a tattoo loses meaning if the government limitations, distortions and irrelevance of can freely restrict the right to obtain a tattoo in the conventional elitist modes of art production. fust place. See Anderson, 621 EM at 1062 --("[T-]he—tattoo—cannot becreatedwithoutthe Culy_Strocker Comment These Tats Are Made tattooing process .... Thus, as with writing or for Talking: Why Tattoos and Tattooing Are painting, the tattooing process is inextricably Protected Speech Under the First Amendment, 31 intertwined with the purely expressive product Loy. L.A. Ent. L. Rev. 175, 187 (2011) (footnotes (the tattoo), and is itself entitled to full First and internal quotation marks omitted). Mr. Buehrle Amendment protection."). For this reason, the and his work appear to be of this ilk, and we see Supreme Court has never drawn a distinction no meaningful basis on which to distinguish his between the process of creating a form of pure work from that of any other artist practicing in a speech (such as writing or painting) and the visual medium, certainly not a basis sufficient to product of these processes (the essay or the deny him First Amendment protection. artwork) in terms of the First Amendment protection afforded. Id. at 1061 (emphasis B. Reasonable Time. Place, and Manner omitted); see also Simon & Schuster, Inc. v Restriction Members of the N.Y. State Crime victims Bd., 502 U.S. 105, 116-18, 112 S. Ct, 501, 116 L. Ed. 2d 476 (1991) (First Amendment protects both the act of writing content and the act of publishing it). We suspect the idea that a tattoo represents the expression of the wearer and not the tattoo artist may spring from an outmoded perception of the tattoo industry. During the 1960s, tattoo artists began evolving the craft of tattooing beyond the rote application of standardized designs that historically characterized the medium. See Ryan I Walsh, Comment, Painting on a Canvas of Skin: Tattooing and the First Amendment, 78 U. Chi. L. Rev. 1063, 1090-91 (2011). Today, tattooing as practiced [*81 by a large segment of tattoo artists "emphasizes creativity and expression" and is "quite self-consciously an expressive movement" Id. As one commentator writes, [T]attooing has become a leading art form . . . and the subject of museum exhibits throughout the United States. Today, tattoo artists are known for their large-scale, unified, Having decided that tattooing is artistic expression protected by the First Amendment, we must determine whether the City's [*91 municipal ordinance limiting that expression is constitutional. HN7 A municipality may regulate protected artistic expression only if the regulation (1) is justified without reference to the content of the regulated speech, (2) is narrowly tailored to serve a significant governmental interest, and (3) leaves open ample alternative channels for communication of the information. Ward, 491 U.S. at 791. Mr. Buehrle concedes the ordinance is content -neutral. Thus, we need only scrutinize the ordinance under the latter two factors. Because we conclude that the City has failed to demonstrate that the ordinance serves a significant governmental interest, we do not address whether it leaves open ample alternative channels of communication. The City argues that the ordinance's purpose is to prevent the deterioration of the historic district. Specifically, the City fears that allowing additional tattoo establishments to operate in the historic Page 6 of 8 2015 U.S. App. LEXIS 22782, *9 district would adversely impact the "character and enacting the challenged statute was a concern fabric' of the district and thus the tourism that the over secondary effects rather than merely district attracts. We do not doubt that these are opposition to proscribed expression.") (alteration substantial government interests. See One World in original) (quoting Ranch House, Inc. v. One Family Now v. City of Miami Beach, 175 F.3d Amerson, 238 F.3d 1273, 1283 (11th Cir. 2001)). 1282, 1288 (11th Cir. 1999) (HN8 "There is ... Such evidence can include anything "reasonably no question that the city's further interest in [*11] believed to be relevant—including a creating an aesthetic [*101 ambiance which will municipality's own findings, evidence gathered -attractrtourists-. �.s—a substantialgovernmentby-other-localities,-- or -evidence _described -in a __— interest, especially where, as here, a designated judicial opinion." Peek -A -Boo Lounge, 337 RM historic area is at issue."); Messer v. City of at 1268 (internal quotation marks omitted). Douglasville, 975 F.2d 1505, 1510 (11th Cir. The City has failed to meet its burden. Aside from 1992) ("A government has a more significant the ordinance's vague statement of purpose,' the interest in the aesthetics of designated historical only support for the City's claim that the ordinance areas than in other areas."). serves significant governmental interests consists of statements by Donald Craig, the City's Director Our inquiry does not end there, however. HN9 We do not simply take the City at its word that the ordinance serves the aforementioned interests. Instead, the City must demonstrate that it had a reasonable basis for believing that its regulation would further these legitimate interests. See Zibtluda, LLC v. Gwinnett Cty. ex rel. Bd. of Comm'rs, 411 F.3d 1278, 1286 (11th Cir. 2005). This burden is not a rigorous one. Id. But a municipality cannot "get away with shoddy data or reasoning." City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 438, 122 S. Ct. 1728, 152 L. Ed. 2d 670 (2002) (plurality opinion). It "must rely on at least some pre -enactment evidence" that the regulation would serve its asserted interests. Peek -A -Boo Lounge of Bradenton, Inc. v. Manatee Cty., 337 F.3d 1251, 1268 (11th Cir. 2003); see also Zibtluda, 411 F.3d at 1286 ("Nevertheless, [the enacting body] must cite to some meaningful indication—in the language of the code or in the record of legislative proceedings—that the legislature's purpose in of Planning. In his deposition and an affidavit submitted in support of the City's motion for summary judgment, Mr. Craig asserted that: Key West historically prohibited tattoo establishments from operating in the historic district; allowing tattoo establishments to operate there would impact the district's "character and fabric," which "could ... impact tourism'; and tourists might negatively associate Key West with tattoos that they had obtained there but come to regret. As an initial matter, HN11 Mr. Craig's reasons were given in the context of Mr. Buehrle's lawsuit, well after the enactment of the ordinance. They therefore cannot serve as pre -enactment evidence that the ordinance serves a significant governmental interest. See Peek -A -Boo Lounge, 337 EM at 1268; see also Zibtluda, 411 F.3d at 1286. Even were that not the case, we would still find Mr. Craig's statements inadequate because they are, by and large, unsubstantiated. It is undisputed that there was a blanket prohibition on HNIO An ordinance's statement of purpose may demonstrate that the ordinance serves a significant governmental interest if the statement of purpose is sufficiently detailed and supported with evidence. See Zibtluda, 411 F.3d at 1286-87 (upholding an ordinance based on its statement of purpose, which cited to experiences [*12] of other counties and municipalities, documentary evidence, and oral testimony). Here, though, the ordinance's statement of purpose refers to no evidence and contains no detail beyond its general assertion that limiting the number of tattoo establishments will prevent "the potential deterioration of a preserved historic district; an increase in the incidence of disease; and land use incompatibilities." Key West, Fl, Code of Ordinances, subpart B, § 122-1543(a). On appeal, the City argues only deterioration of a preserved historic district. Page 7 of 8 2015 U.S. App, LEXIS 22782, *I1 the operation of tattoo establishments on the the impact on tourism was a passing reference to island of Key West from 1966 to 2007, but a few lines of a Jimmy Buffett song. And we are nothing in the record corroborates Mr. Craig's unsure whether even that reference fully supports assertions about the prohibition's origin or tells us its position 2 whether any tattoo [*13] establishments operated in the area prior to 1966. The First Amendment requires more. HN12 We 1'b rt 1 t- "resume the evidence' are not at l e y sung y p Significantly, the mere fact that Key West needed to sustain the ordinance. Peek -A -Boo successfully grohhibited tattoo establishments in Lounge, 337 F.3d at 1267. "[T]he government the historic district for approximately forty years bears the burden of showing that the articulated does not support the conclusion that allowing concern has more than merely speculative factual more tattoo establishments would cause the grounds." Flanigan's Enters., Inc. v. Fulton Cry., district's historical value to deteriorate and impact 242 F.3d 976, 986 (11th Cir. 2001).3 The City tourism. To the contrary, the City's recent, failed to satisfy this burden. On the record before experience suggests otherwise. The City concedes us, the City has presented insufficient evidence the absence of any ill effect as a result of the two that it had a reasonable basis for [*15] believing tattoo establishments it currently allows to operate that its ordinance would actually serve the in the historic district. And it fails to explain why significant governmental interests it propounds. allowing additional tattoo establishments to Perhaps, if the district court chooses to permit the operate there would sour the district's historical introduction of new evidence on remand, the City flavor, especially since the first two apparently can produce the kind of evidence that would have not done so. satisfy its burden, but so far it has not done so. Particularly glaring is the lack of evidentiary support for the City's assertions concerning tattooing's purported effect on tourism. The City pointed to no study indicating that the operation of tattoo establishments in the historic district would impact the tourism industry. The City conducted no investigation and made no findings. It relied upon no expert testimony, findings made by other municipalities, or evidence described in judicial decisions. [*14] It failed to muster even anecdotal evidence supporting its claims. The closest the City came to presenting evidence on III. CONCLUSION The district court erred when it concluded that the City's municipal ordinance restricting the number of tattoo establishments in its historic district was a reasonable time, place, and manner restriction on protected expression. We reverse the grant of summary judgment and remand the case to the district court for further proceedings consistent with this opinion. REVERSED and REMANDED. 2 Jimmy Buffett's song "Margaritaville" was referenced twice in the record, once by Mr. Craig in his deposition and once by the City's attorney in oral argument before the district court, to support the claim that inebriated tourists are likely to get and then regret tattoos if more tattoo establishments operate in the historic district But the singer in "Margaritaville—seemingly far from suffering embarrassment over his tatmo—considers it "a real beauty." Jimmy Buffett, "Margaritaville," on Songs You Know by Heart (Geffen Records 1985). ' Although the decision in Flanigan's Enterprises was ultimately superseded on other grounds by a county ordinance, Fulton County, Ga., Code § 18-79(17), see Flanigan's Enters., Inc. of Ga. v. Fulton Cty, 596 RM 1265 (11th Cir. 2010), it remains valid for the cited proposition. Page 8 of 8 LAW OFFICES WEINER, LYNNE & THOMPSON, P.A. MICHAELS.WERM PROFESSIONAL ASSOCTATION JEFFREY C. LYNNE 10 SE 1"AVENUE, SUrTE C LAURIE A. THOMPSON Tlxr nev Rcery Fr nnm. 2AAAA. JAMES F. CAPLAN BR=I. HOROWM EXHIBIT B February 8, 2016 VIA HAND -DELIVERY Mr. Tim Stillings Director of Planning and Zoning City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 RECEIVED BY FEB 08 2016 City of Delmy Beach PN—E 7 8 Z oninq ELEPxoNE FAcsm n,E (561) 945 - 8779 JLYNNE@ZONELAW.COM wW W.ZONELAw.COM RE: ADMINISTRATIVE SIMILARITY OF USE DETERMINATION TATTOO STUDIO USE Dear Mr. Stillings: Thank you for meeting with us on Friday, January 29, 2016, in your office to discuss my client, Tradition Tattoo (Mrs. Rebecca Loveless) and her desire to relocate her existing tattoo studio from the Boca Raton to Delray Beach. As we discussed during that meeting, it has been our understanding that the City has historically hesitated to approve the siting of tattoo studios within any zoning district of Delray Beach but that such a decision was inconsistent with the recent case of Buehrle v. City of Key West, No. 14-15354, 2015 U.S. App. LEXIS 22782 (11th Cir. Dec. 29, 2015) which case held that cities may not preclude tattoo studios, citing First Amendment protections, and must reasonably provide for their establishment within a municipality. In order to facilitate our client's relocation in the absence of any unnecessary Judicial intervention, you have asked us to provide you with an analysis of Tattoo Studio uses and their similarity to other Permitted uses within the City. This analysis is authorized pursuant to LDR Section 1.4.1(C), which incorporates LDR Section 4.3.2(C)(1): Interpretation by Director: In situations where a specific use is not listed in examples provided under a type, the Director may determine that a specifc use is allowable on the basis is identical to uses listed in examples. The Director shall maintain a list of such determinations. (Emphasis added). All tattoo studios (referred to by statute as "Tattoo Establishments") and tattoo artists themselves are regulated by Sections 381.00771 — 381.00791, Florida Statutes. These statutes are found within Chapter 381, Florida Statutes, entitled "Public Health" and are further regulated by the Florida Department of Health pursuant to rules adopted and codified within Chapter 64E-28 of n-% o ennnW otter in T. Stillings re Administrative Similarity of Use Determination. Feb 8 2016,doox Mr. Tim Stillings Director of Planning and Zoning February 8, 2016 Page 2 the Florida. Administrative Code entitled "Tattooing." These rules provide that both a Tattoo Artist as well as any Tattoo Establishment must be licensed by the State of Florida and regularly inspected. See, generally, htti)://www.floridahealth.gov/ENVIRONMENTALr HEALTH/tattooing/index.html. For your records, we have included the statutory scheme and regulations governing these uses. The Department of Health posts on its website those all license holders who are permitted to provide tattoo services within the City of Delray Beach, which list can be accessed here: http•//www floridah_ealth gov/statistics-and-data/eh-tracking-and-reporting/tattoos.html. The list of City -approved and State -licensed Tattoo Establishments includesChanges aces — — Makeovers," located at 140 NE 2nd Avenue (zoned CBD); "Dr. Mylissa's Medical Boutique," located at 1425 S. Congress Avenue (zoned MROC); and "New Hue Permanent Makeup," located at 4600 Linton Blvd. (zoned SAD). We have included with this letter a copy of that listing. Based upon these approved uses, it appears that a Tattoo Establishment use is identical to, and intended to fall within the,same use category of "Personal Service Providers" as that term is defined within LDR Appendix "A" which provides as follows: (Beauty Salons, Spas, etc.) Commercial establishments providing personal services varying in range and scope including but not limited to hairstyling, manicuring, pedicures, facials, massages, etc. While we have reason to believe that these licensed providers outwardly market themselves as places to obtain "Permanent Makeup and Cosmetics," there is nothing within the City's Land Development Regulations or otherwise which precludes a lawful distinction between "permanent makeup" and utilizing the same tools, methods, inks, and processes elsewhere on a person's body. As the above -referenced federal case provides, the City can no more regulate the expression placed on someone's body, either through word or image, than it can where such expressive conduct occurs., The only thing the City may lawfully regulate is the compatibility of the use with adjacent uses. Since the use occurs entirely within the premises, and is no different than other similar "permanent makeup" studios already openly authorized by the City, we believe that wherever Personal Service Providers are allowed, a Tattoo Establishment must be allowed as of right without further regulation. To create a separate definition and to regulate differently, would be to constrain free speech unreasonably. In this instance, our client has identified what would otherwise appear to be compatible and suitable property located within the existing South Delray Shopping Center, 165 Avenue L, Delray Beach. This property appears to have a City zoning designation of GC and which use would therefore appear to be a Permitted Use pursuant to LDR Section 4.4.9(B)(4) (allowing "services and facilities including but not limited to ... barber and beauty shops and salons"). We respectfully request an expedited response to our letter so that our client may relocate her business to the City without unreasonable delay. She is between leases and therefore time is of the essence. Should you have any specific questions relating to the nature of the use, beyond the Mr. Tim Stillings Director of Planning and Zoning February 8, 2016 Page 3 answers provided during our meeting, please do not hesitate to ask. I thank you for your time and prompt response to this letter. Very truly yours, Enclosures Cc; MarY McDonnell, Assistant Director of Planning and Zoning Michael Dutko, Esq., Assistant City Attorney Ashlee Coosaia, EI 3: 8 U) 10 CL pF LO 0 Ul) -Lf)- Lf) Ln 0 LO on to pw� 4 Z E3 4 Id di w Vol llllj� U. ul Ed d) Q c u co D Lid Gary R Nlkol fits, CFA' Homestead Exemption ' Praperty App watser, °pyo a� Yr Palmer ach Coumtyt Location Address 140 NE 2ND AVE Municipality DELRAY BEACH "Parcel Control Number 12-43-46-16-01-075-0120 Subdivision DELRAY TOWN OF Official Records Book 26867 Page 896 Sale Date JUN -2014 OWN -OF DELRAYL-T 12-(L S-W-4-FT-ALLEY-R/W)-&-NL-Y-41-.7-5-F-T-0E-LT-13- --- - Legal Description (LESS W 4 FT ALLEY R/W) BLK 75 , Mailing address l Owners �. 510 SUNSHINE DR LM ENTERPRISES INCORPORATED DELRAY BEACH FL 33444 1719 — - --E 1 Jl Sales Date Price OR Book/Page Sale Type Owner JUN -2014 $3,000,000 26867 /0896 WARRANTY DEED ACM ENTERPRISES INCORPORATED AUG -2003 $10 15929 /1042 WARRANTY DEED PINEAPPLE GROVE PARTNERS LLC MAY -2003 $1,200,000 15362 / 1717 WARRANTY DEED SHOWCASE REALTY & CNTRCTNG INC MAR -1998 $100 10364/0397 QUIT CLAIM MDS INC JAN -1.972 $37,500 01998/1461 WARRANTY DEED --� Exemption Information Available. l IIINo of Units 0 *Total Square Feet 7182 Acres 0.3478 Use Code 1100 - STORES Zoning CBD - Central Business ( 1 2-DELRAY BEACH ) —� _Number Tax Year 2015 2014 2013 Improvement Value $1,113,413 $567,378 $541,266 Land Value $757,500 $593,880 $530,250 Total Market Value $1,870,913 $1,161,258 $1,071,516 All values are as of January 1 st each year Tax Year 2015 2014 2013 Assessed Value $1,870,913 $1,161,258 $1,056,012 Exemption Amount $0 $0 $0 Taxable Value $1,870,913 $1,161,258 $1,056,012 --- _ _-- Tax Year— 2015__ 2014 2013 Ad Valorem $42,795 $26,946 $24,729 Non Ad Valorem $2,220 $2,357 $2,366 Total tax $45,015 $29,303 $271095 GaryR Ako1its,CFA — Hom stead Exemption,®� Location Address 660 W LINTON BLVD Municipality DELRAY BEACH Parcel Control Number 12-43-46-29-24-001-0000 Subdivision LAVERS INTERNATL PLAZA PL 1 official Records Book 26996 Page 389 Sale Date JUL-2014 ---Legal-DescriptionLAVERS INT€RNATL--PL-PSA-PL-I-T-R-A+AVERS-INT;=RNATT-PLAZA-P-L2-P-B3-1-P- - J ,-- Owners ` Mailing address LIP ILLC & 102 NE 2ND ST#305 LIP 11 LLC BOCA RATON FL 33432 3908 IILIP III LLC _ Sales Date Price OR Book/Page Sale Type Owner JUL-2014 $15,300,000 26996/0389 DEED OF TRUST LIP I LLC & JUL-2001 %6,000,000 12726/ 1317 WARRANTY DEED MARULLI ALFRED NJ R TR NOV-1996 $6,230,000 09552/1529 WARRANTY DEED MAY -1991 $3,500,000 06828/0740 WARRANTY DEED OCT -1989 $100 06241 /1113 CERT OF TITLE No Exemption Information Available. — Number of Units 0 *Total Square Feet 85357 Acres 7.6728 1 1600 - SHOPPING CENTER PC - Planned Commercial ( 12-DELRAY Zoning 1 Use Code g BEACH) CMMITY 111 , - Year 2015 2014 2013 � (Tax Improvement Value $6,121,892 $5,279,719 $4,939,301 Land Value $4,725,984 $2,754,039 $2,673,824 Total Market Value $10,847,876 $8,033,758 $7,613,125 All values are as of January 1 st each year Tax Year 2015 2014 2013 Assessed Value $10,847,876 $7,623,000 $6,930,000 Exemption Amount $0 _ $0 $0 Taxable Value $10,847,876 $7,623,000 $6,930,000 Tax Year 2015 2014 2013 ��- Ad Valorem $237,284 $172,380 $159,760 Non Ad Valorem $35,935 $37,460 $37,588 l Totaltax $273,219 $209,840 $197,348, 2/82016 www.Dbcgov.com/papalAsps/ProperlyDetai I/Pr0pertyDetail.aspx7parcel=124346193800100008srcMype=m ap "Cad `Gary RnNlkohts,&A' Homestead Exemption - 9a raiser 11I -a Prop�rty App I� e„ry ,Palm:eeach County f ' , A«,.� wta= _ Location Address 1 585 5 CONGRESS AVE Municipality DELRAY BEACH Parcel Control Number 12-43-46-19-38-001-0000 Subdivision LINTON SQUARE Official Records Book 07407 Page 0956 Sale Date SEP -1992 -_-- - - - Legal-Orescription LINTONSQUAREALL OF PL -A -T -(LESS -WL -Y II -FT SW -2 -0 -T -H -AVER/ -W)---- Mailing address 1595 NE 163RD ST Owners GATOR LINTON PARTNERS LTD _ MIAMI FL 33162 4717 — — Sales Date Price OR Book/Page Sale Type Owner SEP -1992 $3,400,000 07407/ 0956 WARRANTY DEED JUN -1986 $12,790,500 04925 /0554 WARRANTY DEED No Exemption Information Available. J Number of Units 0 *Total Square Feet 105775 Acres 8.4718 �� 1600 - SHOPPING CENTER ZoningMROC - Mixed Res' Office & Commercial ( 12- Use Code CMMnY DELRAY BEACH ) Tax Year 2015 2014 2073 Improvement Value $4,965,138 $4,452,446 $4,221,804 Land Value $2,758,130 $2,728,977 $2,583,210 Total Market Value $7,723,268 $7,181,423 $6,805,014 All values are as of January 1 st each year Tax Year 2015 2014 2013 Assessed Value $7,723,268 $7,181,423 $6,600,000 Exemption Amount $0 $o $0 Taxable Value $7,723,268 $7,181,423 $6,600,000 -- — Tax Year 2015 2014-- - 2013 Ad Valorem $168,937 $159,456 $148,772 Non Ad Valorem $55,871 $59,493 $59,700 Total tax $224,808 $218,949 $208,472 htWmww.pbcgov.com/papa/Asps/PropertyDetaillPropertyDetail.mpx?parcel=124346193800100D0&srcttype=map i/1 . Gary R • Nrkol rs, CFA 1 HbM66 ea d Exemption s Property ApTprasr -' •.,-,.'. 'h'r ne a...s,. Location Address 4600 W LINTON BLVD Municipality DELRAY BEACH Parcel Control Number 12-42-46-25-20-008-0000 Subdivision MIDTOWN DELRAY Official Records Book 24824 Page 1080 Sale Date OCT-2011 — — - Legal-DescriptionMIDTOWN-DELRAY T-R-H------ Mailing address 50 E SAMPLE RD STE 400 F) Owners l tLINTON GROVE LLC POMPANO BEACH FL 33064 3552 _ Sales Date Price OR Book/Page Sale Type Owner —ll OCT-2011 $10,250,000 24824 /1080 WARRANTY DEED LINTON GROVE LLC 1 l JUN-20_08 $1,600,000 22730 / 0491 WARRANTY DEED MIDTOWN MEDICAL LLC No Exemption Information Available. —� Number of Units--'Total Square Feet 33411 Acres 2.5828 Use Code 1900 - PROF OFFICES Zoning SAD - Special Activities ( 12-DELRAY BEACH ) '�----- Tax Year 2015 2014 2013 Improvement Value $8,249,797 $6,954,332 $6,580,613 Land Value $962,921 $953,774 $935,075 Total Market Value $9,212,718 $7,908,106 $7,515,688 All values are as of January 1 st each year ( Tax Year 2015 2014 2013 Assessed Value $8,698,917 $7,908,106 $7,575,688 Exemption Amount $0 $0 $0 Taxable Value $8,698,917 $7,908,106 $7,515,688 _—' --- Tax Year 2015 —--- 2014 2013 Ad Valorem $194,138 $175,592 $167,642 Non Ad Valorem $7,675 $8,176 $8,200 Total tax $201,813 $183,768 $175,842 b.. The contaminated instruments and all other instruments, must be packaged properly and loaded correctly into the autoclave. c. The contaminated instruments must be sterilized by autoclave. 4. All sterilized instruments must be stored and handled in a manner that maintains sterility. 5. Autoclaves must be cleaned regularly and serviced at least once a year. 6. Each body -piercing salon utilizing autoclave sterilization techniques must post the sterilization — --pro ______._.__ adequately trained. 7. All staff must be trained in proper infection -control procedures. 8. Presterilized, prewrapped, disposable instruments may be used, but must be used in accordance with the manufacturer's instructions. (c) The body -piercing salon must be in compliance with s. 381.0098. History.—s. 1, ch. 99-176. 381.00771 Definitions of terms used in ss. 381.00771-381.00791.—As used in ss. 381.00771- 381.00791, the term: (1) "Active license or registration' means a current license or registration issued by the department that is not suspended or revoked. (2) "Department" means the Department of Health. (3) "Guest tattoo artist" means a person who is licensed, registered, or certified to practice tattooing in a jurisdiction outside of this state who is registered with the department to practice tattooing in this state. (4) "Operator" means a person designated by a tattoo establishment or temporary establishment to control the operation of the establishment. (5) "Stop -use order' means a written notice from the department to a licensee or registrant requiring him or her to remove any tattooing equipment or supplies, or cease conducting any particular procedures, because the equipment or supplies are not being used or the procedures are not being conducted in accordance with ss. 381.00771-381.00791 or any rule adopted underthose sections. (6) "Tattoo' means a mark or design made on or under the skin of a human being by a process of piercing and ingraining a pigment, dye, or ink in the skin. (7) "Tattoo artist" means a person licensed under ss. 381.00771-381.00791 to practice tattooing. (8) "Tattoo establishment" means any permanent location, place, area, structure, or business where tattooing is performed. (9) "Temporary establishment" means any location, place, area, or structure where tattooing is performed during, and in conjunction with, a convention or other similar event that does not exceed 14 consecutive days. History.—S. 1, ch. 2010-220. 381.00773 Application of ss. 381.00771-381.00791; exemption.— (1) Except for s. 381.00787, which applies to all persons, ss. 381.00771-381.00791 do not apply to a 4ersOn licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466 who performs tattooing exclusively for medical or dental purposes. (2) Sections 381.00771-381.00791 apply exclusively to the tattooing of human beings and do not apply to the tattooing of any animal. History.—s. 2, ch. 2010-220. 381.00775 Tattoo artists; licensure; registration of guest tattoo artists.— (1) Except as provided in s. 381.00773, a person may not tattoo the body of any human being in this state unless the person is licensed as a tattoo artist or registered as a guest tattoo artist under this section. (2)(a) A person seeking licensure as a tattoo artist must apply to the department in the format prescribed by the department. An application must include: 1. The name and residence address of the applicant. 2. The name and street address of each tattoo establishment and temporary establishment at which the applicant intends to practice tattooing in this state. (b) The department shall issue a license to an applicant who: 1. Is 18 years of age or older. 2. Submits a completed application. 3. Pays the applicable license fee established in s. 381.00781. 4. Submits proof of successful completion of an education course approved by the department on blood-borne pathogens and communicable diseases. S. Submits proof of passage of an examination approved by the department on the material presented in the education course. (c) The department shall approve one or more education courses and examinations that allows a person to complete the requirements of subparagraphs (b)4. and 5. in person or through an Internet website. (d) A tattoo artist must, within 30 days after a change, notify the department of any change in the following information disclosed in his or her most recent application for issuance or renewal of his or her tattoo artist license in the format prescribed by the department: 1. The name and residence address of the tattoo artist. 2. The name and street address of each tattoo establishment in this state at which the tattoo artist has practiced tattooing for more than 14 days since the most recent renewal of his or her tattoo artist license or, if the license has not been renewed, since the license was issued. (3)(a) A person seeking registration as a guest tattoo artist must apply to the department in the format prescribed by the department. An application must include: L The name_and_r_esidence address of the applicant. 2. The name and street address of each tattoo establishment and temporary establishment at which the applicant will practice under the guest tattoo artist registration. (b) The department shall issue a guest tattoo artist registration to an applicant who: 1. Is 18 years of age or older. 2. submits a completed application. 3. Pays the applicable registration fee established ins. 381.0078L 4. Holds an active license, registration, or certification issued by a jurisdiction outside this state, whether by another state, the District of Columbia, any possession or territory of the United States, or any foreign jurisdiction, if: a. The education and examination requirements of the license, registration, or certification substantially meet or exceed the requirements of subparagraphs (2)(b)4. and 5.; or b. The applicant submits proof of successful completion of an education course approved by the department under subparagraph (2)(b)4. and proof of passage of an examination approved by the department under subparagraph (2)(b)5. (4)(a) A tattoo artist license is valid for 1 year and must be renewed annually. (b) A guest tattoo artist registration is valid for 14 days. A guest tattoo artist may apply for reregistration before or after expiration of his or her current registration. (5) A license or registration issued by the department under this section is not transferable. History.—s. 3, ch. 2010-220. 381.00777 Tattoo establishments; licensure; temporary establishments.— (1)(a) Except as provided ins. 381.00773, a person may not tattoo the body of any human being in this state except at a tattoo establishment or temporary establishment licensed under this section. (b) A person may not operate a tattoo establishment or temporary establishment in this state unless the establishment is licensed under this section. (2) A person seeking licensure of a tattoo establishment must apply to the department in the format prescribed by the department. An application must include: (a) The registered business name, including any fictitious names under which the tattoo establishment conducts business in the state. (b) The street address and telephone number of the tattoo establishment. (c) The name, mailing address, and telephone number of the tattoo establishment's operator. (d) The name and address of the tattoo establishment's registered agent for service of process in the state. (3) The department shall issue a tattoo establishment icense to an applicanYi . (a) The applicant submits a completed application. (b) The applicant pays the applicable license fee established ins, 381.00781. (c) The establishment complies with all applicable local building, occupational, zoning, and health codes. (4) A temporary establishment must meet the same requirements for licensure as a permanent tattoo establishment. (5)(a) A license is valid only for the location listed on the license. A tattoo establishment must notify the department in the format prescribed by the department before any change of the licensed location. A tattoo establishment with more than one location must obtain a separate license for each location. (b) A tattoo establishment license is valid for 1 year and must be renewed annually. (c) A temporary establishment license is valid for the duration of a convention or other similar event for which the license is issued not to exceed 14 consecutive days. (6) A license issued by the department under this section is not transferable. History.—s. 4, ch. 2010-220. 381.00779 Practice requirements.— (1) A tattoo establishment or temporary establishment must: (a) Display an active license for the establishment in a manner that is easily visible to the public at all times while tattooing is performed at the establishment. (b) Ensure that each tattoo artist and guest tattoo artist, while practicing tattooing at the establishment, meets all applicable requirements of ss. 381.00771-381.00791. (c) Maintain sanitary conditions of the establishment at all times. (d) Comply with all state and local health codes and ordinances. (e) Allow the department to inspect the establishment pursuant to subsection (4). (f) Comply with s. 381.0098 and rules adopted under that section. (2) A tattoo artist or guest tattoo artist must: (a) Display his or her active license in a manner that is easily visible to the public at all times while practicing tattooing. (b) Practice tattooing exclusively at an establishment licensed under ss. 381.00771-381.00791. (c) Maintain sanitary conditions of the establishment at all times. (d) Comply with all state, and local health codes and ordinances. (3) A tattoo artist or guest tattoo artist may tattoo the body of a minor child only to the extent authorized in s. 381.007g7.Atattoo esfblishment or Ye�rspararyestablishment must keeirfor the period prescribed by the department, each written notarized consent submitted under s. 381.00787(2)(c) by the parent or legal guardian of a minor child who is tattooed at the establishment. (4) The department may inspect and investigate each tattoo establishment and temporary establishment as necessary to ensure compliance with ss. 381.00771-381.00791. However, the department shall inspect each tattoo establishment at least annually and shall inspect each temporary establishment before and, as necessary, during a convention or similar event with which the establishment is connected. History.—s. 5, ch. 2010-220. 381.00781 Fees; disposition.—The department shall establish by rule the following fees: (1) For the initial.licensure of a tattoo establishment and the renewal of such license, a fee not to exceed $250 per year. (2) For licensure of a temporary establishment, a fee not to exceed $250. (3) For the initial licensure of a tattoo artist and the renewal of such license, a fee not to exceed $150 per year. (4) For registration or reregistration of a guest tattoo artist, a fee not to exceed $45. (5) For reactivation of an inactive tattoo establishment license ortattoo artist license. A license becomes inactive if it is not renewed before the expiration of the current license. History.—s. 6, ch. 2010-220; s. 38, ch. 2012-184. 381.00783 Grounds for discipline; administrative penalties.— (1) The following acts constitute grounds for which disciplinary action specified in subsection (2) may be taken by the department against any tattoo establishment, temporary establishment, tattoo artist, guest tattoo artist, operator of a tattoo establishment, or unlicensed person engaged in activities regulated under ss. 381.00771-381.00791: (a) Providing false information on an application for licensure or registration. (b) Violating a state or local health code or ordinance. (c) Violating any provision of ss. 381.00771-381.00791, rule adopted under those sections, or lawful order of the department. (d) Being found guilty of or pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of tattooing or the operation of a tattoo establishment or tem pora ry'esta blish ment. (e) Committing fraud, deceit, negligence, or misconduct in the practice of tattooing or the operation of a tattoo establishment or temporary establishment. (f) Aiding, procuring, or assisting a person to unlawfully practice tattooing or unlawfully operate a tattoo establishment or temporary establishment. (g) Failing to keep the written notarized consent of the parent or legal guardian of a minor child who is tattooed at a tattoo establishment or temporary establishment for the period specified pursuant to s. 381.00779(3) or knowingly making false entries in a parent's or legal guardian's written notarized consent. (2) When the department determines that a person commits any of the acts set forth in subsection (1), the department may enter an order imposing one or more of the following penalties: (a) Refusal to issue a license or registration or renew a license. (b) Suspension or revocation of a license or registration. (c) Imposition of an administrative fine not to exceed $1,500 for each count or separate violation. (d) Issuance of a reprimand. (e) Placement of the licensee or registrant on probation for a specified period and subject to the conditions that the department may specify. (f) Issuance of a stop -use order. (g) Corrective action. (3) The department shall impose stricter penalties for the repetition of violations and as the severity of violations escalate, distinguishing lesser violations from those that endanger the public health. (4) Disciplinary proceedings shall be conducted as provided in chapter 120. History.—s. 7, ch. 2010-220. 381.00785 Criminal penalties.— (1) A person may not: (a) Operate a tattoo establishment or temporary establishment in this state without a license. (b) Practice tattooing in this state without a tattoo artist license or guest tattoo artist registration, except as provided in s. 381.00773. (c) practice tattooing in this state at anyplace other than a tattoo establishment or temporary establishment, except as provided in s. 381.00773. (d) Obtain or attempt to obtain a license or registration by means of fraud, misrepresentation, or concealment. (2) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.—s. 8, ch. 2010-220. 381.00787 Tattooing prohibited; penalty.— — - -- (1) A person may not tattoo theb� a minor 2h"ildYo�nger tharrl6 years of age unless t e - tattooing is performed for medical or dental purposes by a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466. (2) A person may not tattoo the body of a minor child who is at least 16 years of age, but younger than 18 years of age, unless: (a) The minor child is accompanied by his or her parent or legal guardian; (b) The minor child and his or her parent or legal guardian each submit proof of his or her identity by producing a government -issued photo identification; (c) The parent or legal guardian submits his or her written notarized consent in the format prescribed by the department; (d) The parent or legal guardian submits proof that he or she is the parent or legal guardian of the minor child; and (e) The tattooing is performed by a tattoo artist or guest tattoo artist licensed under ss. 381.00771- 381.00791 or a person licensed to practice medicine or dentistry under chapter 4S8, chapter 459, or chapter 466. (3) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, a person who tattoos the body of a minor child younger than 18 years of age does not violate this section, if: (a) The person carefully inspects what appears to be a government -issued photo identification that represents that the minor child is 18 years of age or older. (b) The minor child falsely represents himself or herself as being 18 years of age or older and presents a fraudulent identification. (c) A.reasonable person of average intelligence would believe thatthe minor child is 18 years of age or older and that the photo identification is genuine, was issued to the minor child, and truthfully represents the minor child's age. History.—ss. 1, 2, ch. 59-439; s.1, ch. 69-118; s. 1148, ch. 71-136; s. 1, ch. 77-174; s. 124, ch. 92-149; s. 23, ch. 93-260; s. 1426, ch. 97-102; s. 9, ch. 2010-220. Note.—formers. 877.04. 381.00789 Rulemaking.—The department shall adopt rules to administer ss. 381.00771-381.00791. Such rules may include, but are not limited to, rules defining terms; prescribing educational requirements for tattoo artists and guest tattoo artists, health and safety requirements, sanitation practices, and sterilization requirements and procedures; and providing requirements for tattoo equipment, customer notification, the contents of customer records, the retention of records, and physical plants. The department shall consult with representatives of the tattooing industry in this state during the development of such rules. Histo_ry..—s 1Q ch,_2010-220,______ 381.00791 Local laws and ordinances.—Sections 381.00771-381.00791 do not preempt any local law or ordinance of a county or municipality that imposes regulations on tattoo establishments, temporary establishments, tattoo artists, or the practice of tattooing which are in addition to those sections. History.—s. 11, ch. 2010-220. CHAPTER 64E-28 TATTOOING 64E-28.001 Scope of Chapter Rules 64E-28.002 Definitions 64E-28.003 Licensure Requirements for a Tattoo Artists 64E-28.004 Registration Requirements for a Guest Tattoo Artist 64E-28.005 Licensure Requirements for a Tattoo Establishment 64E-28.006 Education Course Requirements 64E-28.007 Operational Requirements for a Tattoo Establishment 64E-28.008 Operational Requirements for a Temporary Tattoo Establishment 64E-28.009 - - Standards. of Practice for a Tattoo Artist or Guest Tattoo Artist 64E-28.011 Fee Schedule 64E-28.001 Scope of Chapter Rules. These rules provide minimum standards relating to tattoo artists and tattoo establishments, including licensure and registration requirements, operational requirements, standards of practice, and a fee schedule. Rulemaking Authority 381.00789 FS. Law implemented 381.00787, 381.00791 FS. History -New 9-5-12. 64E-28.002 Definitions. (1) Alcohol -based hand sanitizer — An antimicrobial skin sanitizer which contains a minimum concentration of at least 60% alcohol (2) Aseptic technique —Practices used by a tattoo artist to prevent cross contamination. (3) Compromised package — A wet, tom, or stained package. (4) Contaminated — means the presence of disease -causing organisms on inanimate objects or surfaces. (5) Cross contamination — The act of spreading disease -causing organisms from one surface to another. (6) Department — The Department of Health and its representative county health departments. (7) Disinfect — The use of a product registered with the United States Environmental Protection Agency (USEPA) as a tuberculocidal disinfectant which results in the reduction in the number of disease -causing organisms on objects or surfaces, thereby rendering them safe for handling and use. (8) Equipment— All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus and appurtenances used in connection with the operation of a tattoo establishment. (9) Fixed —Incapable of being moved. (10) Government -issued photo identification — A document issued by a state, federal, or foreign government containing the photo of the person it is identifying. (11) Inactive license —A tattoo establishment or artist license which has not been renewed on or before the date of expiration. (12) Instruments — Hand pieces and other tools that may come in contact with a customer's body or be exposed to body fluids during tattooing procedures. (13) Minor— An individual who is less than eighteen (18) years of age. (14) Person —Any individual, partnership, corporation, association, or public body. (15) Registered business time — The name, as registered with the Department of State, under which a tattoo establishment operates. (16) Registered agent for service of process — A person, as registered with the Department of State, authorized by a tattoo establishment to receive legal notices for the establishment. (17) Single -use — means products or items that are intended for one-time, one-person use and are disposed of after use on each customer, such as cotton swabs or balls, gauze pads, tissues or paper products, sanitary coverings, razors, instruments that pierce the skin, and protective gloves. (18) Spore strip —A device used to monitor the sterilization process in a steam autoclave to ensure destruction of Geobacillus stearothermophilus spores. (19) Sterilization— The use of a steam autoclave to destroy all forms of microbial life, including spores. (20) Tattoo artist— A tattoo artist as defined in Section 381.00771, F.S., including an artist who performs cosmetic tattooing. (21) Unobstructed access — A situation where an artist can wash their hands and return to the tattooing area without recontaminating their hands by handling an object such as a door knob. Rulemaking Authority 381.00789 FS. Law Implemented 381.00789 FS History -New 9-5-12. 64E-28.003 Licensure Requirements for a Tattoo Artist. (1) An applicant seeking initial licensure as a tattoo artist shall submit a completed application for licensure to the department on form D114147,. 8/12, Application for Tattoo Artist License, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives, or from the intemet at httpsi//www.flrules.org/Gateway/reference.asp?No=Ref-01524 or http://www.myfloridaeh.com/community/Tattoo/index.htmi. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C., and the following documentation is attached: _-_(a)-A- copy _of a government. issued _photo identification confirming the applicant is at least 18 years of age. (b) A copy of the certificate of training proving completion of a department approved course on blood-bome pathogens and communicable diseases with having achieved a minimum score of seventy percent (700/.) on the course examination. - (2) A tattoo artist's license is valid, throughout the state of Florida, for one year from the date it is issued. (3) A tattoo artist seeking licensure renewal shall: (a) Annually, submit a completed application for license renewal on Form DH 4147 before the date of expiration. 1. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C. 2. A license which has not been renewed on or before the date of expiration shall be deemed inactive. If this day falls on a weekend or holiday, a tattoo artist license must be renewed on or before the first working day after the date of expiration. (b) Not perforin tattooing without an active license. (4) A tattoo artist license shall not be transferrable from one person to another. Rulemaking Authority 381.00789 FS. Law Implemented 381.00771, 381.00775, 381.00779, 381.00781 FS History -New 9-5-12. 64E-28.004 Registration Requirements for a Guest Tattoo Artist. (1) A guest tattoo artist seeking registration by the department shall: (a) Submit, at least fourteen (14) days prior to practicing tattooing in any licensed tattoo establishment or licensed temporary tattoo establishment, a completed application for registration to the department on Form DH 4150, 7/12, Application for Guest Tattoo Artist Registration, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives, or from the intemet at bttps,//www.flruies.org/Gateway/reference.asi2?No=Ref-01525 or http://www.myfloridaeh.com/community /Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C., and the following documentation is attached: 1. A copy of a government issued photo identification confirming the applicant is at least 18 years of age. 2. A copy of an active license, registration, or certification in another jurisdiction. 3. A copy of the certificate of training proving completion of a course on blood-bome pathogens and communicable diseases, which meets the requirements specified in paragraph (b). (b) Complete a department approved course on blood-borne pathogens and communicable diseases with having achieved a minimum score of seventy percent (70%) on the course examination. 1. Completion of the educational course mentioned in paragraph (b), shall not be required when a tattoo artist has completed a blood-borne pathogens and communicable diseases course as a requirement for license, registration, or certification in a jurisdiction outside of the, state and, as determined by the department, the course requirements met or exceeded those prescribed in Sections 381.00775(2)(b)4.md 5., F.S., and Rule 64E-28.006, F.A.C. 2. A tattoo artist may submit a course curriculum to the department and request the department conduct a review for determination of the requirements specified in subparagraph (1)(b)1. Requests for curriculum review shall be submitted prior to submission of a completed application for registration of a guest artist. (2) A guest tattoo artist's registration is valid for up to fourteen (14) consecutive days, throughout the State of Florida. (3) A guest tattoo artist shall not perform tattooing without an active guest tattoo artist registration. (4) A guest tattoo artist registration shall not be transferrable from one person to another. Rulemaking Authority381.00789 FS Law Implemented 381.00775 FS History -New 9-5-12. 64E-28.005 Licensure Requirements for a Tattoo Establishment. (1) Licensure of a permanent tattoo establishment: (a) Prior to performing tattooing, a completed application shall be submitted to the county health department on form DH 4151, 8/12, Application for Tattoo Establishment Licensure, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the establishment is physically located, or from the intemet at htti)s•//www.flrules.orpJGateway/reference.asp?No=Ref-01526 or http://www.myfloridach.com/community/Tattoo/index.htmi. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C. (b) A license for a tattoo establishment is valid for one year from the date it is issued. (c) A license which has not been renewed on or before the date of expiration shall be deemed inactive. If this day falls on a -weekend -or holiday, -atattoo artist license .must -be_renewed on orbefore the first working day after the date of expiration. _ (2) Licensure of a temporary tattoo establishment: (a) A completed application to be submitted to the county health department on form DH 4151 at least thirty (30) days prior to performing tattooing. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C. (b) A license for a temporary tattoo establishment is valid for up to fourteen (14) consecutive days in conjunction with a convention or similar event for which the license is issued. (3) No tattooing shall be performed at an establishment that does not have an active license. (4) A'tattoo establishment license shall not be transferrable from one location or person to another. Rulemaking Authority 381.00789 FS Law Implemented 381.00777 FS History—New 9-5-I2. 64E-28.006 Education Course Requirements. (1) All educational courses per Section 381.00775(2)(b)4., FS., shall be approved by the department. Any person seeking approval of an education course shall submit a request for determination of compliance with the requirements of this rule to the - Department of Health, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, FL 32399. All requests for course approval shall be handled in accordance with Section 120.60, F.S. Requests for course approval shall include submission of the following documentation: (a) A copy of the credentials of trainers and persons compiling the curriculum. (b) A copy of the curriculum. (c) Copies of training materials. (d) A copy of the test to be given. (e) A copy of the answers to the test questions. . (f) A copy of the certificate of training to be issued. (2) The course shall meet the following criteria: (a) Utilize a classroom -based or intemet=based delivery method. (b) Be specific to the tattoo industry. (c) Be a minimum of three (3) hours in length, excluding the examination. (d) Include an opportunity for interactive questions and answers with the person conducting the training. (e) Include, at a minimum, education and training on blood-bome pathogens, such as human immunodeficiency virus and hepatitis B and C viruses, and communicable diseases, such as hepatitis A, staphyloccocal including those of methicillin-resistant Staphylococcus aureus, tuberculosis, impetigo, scabies, ringworm, molluscum contagiosum, herpes simplex, and herpes zoster, and the prevention of such transmission. This information shall include: 1. Identification of the disease; 2. Identification of the infectious agent; 3. Mode of transmission; 4. Incubation period; 5. Period of communicability; and 6. Prevention of transmission in a tattoo setting. (f) Be followed by a written examination covering the materials in the course. The examination shall contain a minimum of fifty (50) questions with a passing score of at least seventy percent (70%). (g) Ensure identity verification and validation for each student taking the intemet or classroom course and test. (3) In addition to that specified in paragraphs (2)(b) -(g) above, intemet-based courses shall meet the following criteria: (a) Each course section shall have a minimum time to finish that section before it is possible to move on to the next section. (b) Identity verification and validation shall occur prior to the initiation of the internet course, using an identity verifying technology that seeks verification through internet databases using information that is specific to the student's identity. Following initial identity verification, validation shall occur at least every hour during the course and prior to completing the test. (c) The course shall automatically terminate when a student fails to answer an identity validation question during a 60 -second response time period or a student provides more than one incorrect answer to a validation question. Upon termination, a one-hour waiting period is required before the student is allowed to register again. (d) At a minimum, the course provider shall include on the internet registration form, initial blocks in which the student indicates agreement with the following information: 1. That the student who registers for the course is the person taking the course. -- - 2. -That -the -student -will. beasked time-limited identity. validation_ questions during the internet course. The validation questions will ask the student questions about themselves based on information provided by them and obtained through internet databases as described in paragraph (b), above. Failure by a student to answer an identity validation question during a 60 -second response time period or a student providing more than one incorrect answer to an identity validation question will cause the course to automatically terminate. Upon termination, a 1 -hour waiting period is required before the student is allowed to register again. (e) A student shall be prevented from proceeding with the internet course should they fail to indicate agreement with each stipulation listed in paragraph (d) above. (f) A subject matter expert representing the course provider shall be available by telephone or via electronic means during normal business hours to assist students. (4) In order to ensure that the requirements of this rule section are met, the department may annually register and take the ! course, as any interested student would. (5) The course provider shall notify the department in writing within 30 days of determining that a student has attempted or acquired certification by committing fraud, deceit, false statements, or perjury. When this is determined, the course provider shall revoke the certificate. (6) Any reference to department approval shall state no more than: "This course is approved by the Florida Department of Health for tattoo artist licensure under Section 381.0775, F.S. and Chapter 6411-28, F.A.C." (7) Course approval is not transferrable from person to person. Rulemaking Authority 381.00789 FS I" Implemented 381.00775 FS. History -New 5-15-12. 64E-28.007 Operational Reqairements for a Tattoo Establishment. (1) Tattoo establishments shall have walls, a floor, and a ceiling. Floors and walls located in the tattooing area, the area where items are cleaned and sterilized, and in the restrooms shall be constructed of non-absorbent, easily cleanable materials. The entire establishment shall be maintained in clean condition and good repair. (2) There shall not be a direct opening between a tattoo establishment and any building or portion of a building used as living or sleeping quarters. This shall be accomplished, at a minimum, by a solid floor to ceiling wall of separation, (3) A tattoo establ ishment shall not be located in an area where food is prepared. (4) Eating and drinking, except for the purpose of administering fust aid, and smoking are prohibited in areas where tattooing is performed or where instruments and supplies are cleaned and stored. (5) Water supplies shall comply with the provisions of Chapter 64E-8 or 62-550, F.A.C. (6) Sewage disposal shall comply with the provisions of Chapter 64E-6 or 62-200, F.A.C. (7) The establishment shall use effective measures to protect against the entrance, breeding, and presence of vermin, such as insects and rodents. Openings to the outside shall be protected by such means as self-closing doors, closed windows, or. screening. If screening is used, it shall not be less than sixteen (16) mesh to the inch. (8) Animals shall not be allowed in a tattoo establishment, except as provided under Section 413.08, F.S. Aquariums with fish shall be allowed in waiting rooms and non -procedural areas only. (9) Each tattoo establishment shall have an artificial light source equivalent to at least one hundred (100) foot candles in the tattooing area and in the area where items are cleaned and sterilized. (10) Restrooms shall be supplied with toilet tissue, a hand sink supplied with running water under pressure, liquid soap, a dispenser with single -use paper towels, and a waste receptacle. Signage shall be posted in the restroom to instruct employees that they must thoroughly wash their hands before returning to work. (11) A. handsink with unobstructed access shall be located within each tattoo area or centrally located within the overall workroom area, so that each tattoo artist has access to the handsink for handwashing. (a) The handsink shall be supplied with running water under pressure, liquid soap, a dispenser with single -use paper towels, and a waste receptacle. (b) A restroom handsink may be used as the handsink provided that it is located within the tattoo establishment and it meets the above stated requirements. (12) At a minimum, contaminated, reusable items shall be cleaned manually in a sink, separate from the handsink(s), or mechanically in an ultrasonic machine prior to sterilization. (a) If items are manually cleaned in a sink, the sink shall be deep enough to allow complete submersion of the items. Gloves shall be wom.when manual cleaning is performed. (b) If items are cleaned in an ultrasonic machine, the machine shall be used in accordance with the manufacturer's instructions, which shall be available for review by the department at the time of inspection. (c) After cleaning, items shall be rinsedandallowed to airdry or shall be driedwith single -use paper towels prior to packaging for sterilization. (d) If only individually packaged, pre -sterilized, single -use items are used in the establishment, the cleaning sink and ultrasonic machine requirements do not apply. (13) A tattoo establishment shall have a steam autoclave for sterilizing instruments. (a) The autoclave shall be used in accordance with the manufacturer's instructions for packaging, loading, and processing items. (b)The autoclave shall be maintained to ensure proper operation. 1. The autoclave shall be cleaned at the frequency recommended by the manufacturer and shall be serviced at least once a year or at the frequency recommended by the manufacturer. 2. A copy of the manufacturer's instructions for operating, cleaning, and servicing the autoclave shall be maintained. in the tattoo establishment and shall be available for review by the department at the time of an inspection. (14) When using an autoclave, sterilization shall be verified through: (a) A chemical indicator strip placed inside one packet in each load to monitor the sterilization procedure. The strip must indicate exposure to steam and the autoclave operating temperature. (b) Testing with spore strips at a minimum frequency of every 40 hours of operation of the autoclave, but not less than on a quarterly basis. 1. Test results shall be confirmed by an independent laboratory. 2. In the event of positive results, the autoclave shall be immediately taken out of service and all unused items processed in the autoclave since the most recent negative test results shall be considered non-sterile. 3. While the autoclave remains out of service, tattooing may continue provided either another properly functioning autoclave is placed in service in the establishment or all single -use, pre -sterilized instruments are used. 4. When the improperly functioning autoclave has been restored to proper function, which shall be confirmed by follow-up testing, it may be placed back in service. (15) Each tattoo establishment shall maintain autoclave sterilization records onsite. The records shall, at a minimum, include the following information: (a) Autoclave log showing cumulative run time, quantity and types of items sterilized on a given date, and the date spore strip testing was conducted. (b) Spore strip results provided by an independent laboratory. (16) If only individually packaged, pre -sterilized, single -use items are used, an autoclave shall not be required nor the requirements specified in subparagraphs 12., 13., 14., and 15. of this section. (a) Individually packaged, pre -sterilized, single -use items shall be sterilized with ethylene gas or gamma rays and shall be labeled with the expiration date by the manufacturer. (b) If a package containing pre -sterilized, single -use items has been compromised, the contents shall be discarded. (17) Packages of sterile items, which are sterilized by the tattoo establishment, shall be labeled with the date of autoclaving. If any package has been compromised, the items shall be re -sterilized. (18) All packages of sterile items shall be stored in a clean, dry, covered container or in a clean, dry cabinet until just prior to use. (19) Work chairs, tables, stands, cabinets, and counter tops shall have a smooth, non -porous, easily cleanable surface, and shall be cleaned and disinfected after each customer. (20) If any liquid product is not in its original container, the container into which the product has been placed shall be labeled with the name of the product. (21) Each tattoo establishment shall maintain the following records: (a) Customer records, including parental consent; (b) Autoclave sterilization records and maintenance records; (c) Documentation identifying the method of sterilization utilized by the manufacturer if the information is not printed on the packaging of the item. (d) The records stated in paragraphs (a), (b), and (c) above shall be maintained for two years with those records for the current licensing period maintained onsite in the establishment and available for review by the department at the time of inspection. (e) Personnel records of each tattoo artist who works in the establishment. The record shall contain the tattoo artist's time, address, date of birth, and the license number issued by the department. Personnel records shall be maintained for at least 2 years after an artist's employment ends. (22) A tattoo establishment shall allow the department to conduct, at minimum, annual inspections for the purpose of ensuring compliance with Sections 381:00771-.00791, F.S, and these rules. Results of each inspection shall be recorded on DH Form 4153, 7112, Tattoo Establishment Inspection Report, herein incorporated by reference and which can be obtained at httpa'//www flrules ore./Gatewav/reference asn?No=Ref-01527 or from the environmental health section of the county health department having jurisdiction. (23) Biomedical waste shall be managed in accordance with Section 381.0098, F.S. and Chapter 64E-16, F.A.C. Regular solid waste shall be collected, stored and disposed of in a manner and at a frequency that does not create a sanitary nuisance, as defined in Chapter 386, F.S. (24) Tattoo establishments, currently operating on the effective date of this rule, which are not in full compliance with the handsink and cleaning sink requirements shall have six months from the effective date of this rule to comply with the requirements. Rulemaking Authority 381.0.0789 FS Law Implemented 381.00779 FS History—New 9-5-12. 64E-28.008 Operational Requirements for a Temporary Tattoo Establishment. (1) A licensed temporary establishment shall meet the operational requirements set forth in Rule 64E-28.007, F.A.C., with the following exceptions. (2) A temporary establishment shall have rigid perimeter walls, a rigid floor, and a rigid ceiling. Floors in the tattooing area and the area where items are cleaned and sterilized shall be constructed of nonabsorbent, easily cleanable materials. The entire establishment shall be maintained in clean condition and good repair. (3) If any tattoo items are sterilized by an artist prior to a temporary event, spore test results confirmed by an independent laboratory, shall be available for review by the department at the time of inspection. (4) A temporary establishment shall allow the department to conduct, at minimum, an initial inspection prior to and, if deemed necessary, during the convention or similar event for the purpose ensuring compliance with Sections 381.00771-.00791, F.S., and these rules. Results of each inspection shall be recorded on DH Form 4153, 7/12, Tattoo Establishment Inspection Report. Rulemaking Authority 381.00789 FS Law Implemented 381.00779 FS History—New 9-5-12. 64E-28.009 Standards of Practice for a Tattoo Artist or Guest Tattoo Artist. '(1) A tattoo artist shall ensure that a customer record is completed for each customer. The record shall, at a minimum, include the following:, (a) Name of tattoo artist. (b) Customer's name, age, and birthdate. (c) Description and location of tattoo on the customer's body. (d) Signature of the customer. (e) Signature of the artist. (f) Date(s) tattooing procedure is performed. (2) Pursuant to Section 381.00787, F.S., a tattoo artist shall not tattoo the body of a minor less than sixteen (16) years of age. (3) If tattooing a minor who is sixteen (16) or seventeen (17) years of age, a tattoo artist shall: (a) Inspect copies of a govemment-issued photo identification for both the minor and for the parent or legal guardian of the minor. If the photo identification for the minor does not show a birth date, a copy of the minor's birth cer ificate shall be provided. (b) Oblain a signed and notarized consent by the minor's parent or legal guardian on form DH 4146 , 7/12, Written Notarized Consent For Tattooing of a Minor Child, Age 16 through 17 Years Old, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives or the tattoo establishment is physically located, or from the internet at httos Hwww.ill ules ore/Gateway/reference asp?No=Ref-01528 or http://www.myfloridaeh.com/community/Tattoo/index.html. (c) Complete the requirements of subsection (1). (4) Prior to or after performing a tattoo procedure on a customer, a tattoo artist shall provide information on aftercare to the customer, both verbally and in writing. (5) Prior to setup for a tattoo procedure, a tattoo artist shall: (a) Ensure that the skin area where a tattoo is to be applied is visibly healthy. (b) Wish their hands thoroughly using liquid soap, rinse them, and dry them using single -use paper towels. (6) Prior to performing a tattoo procedure, a tattoo artist shall cleanse the area of the skin where the tattoo will be placed using a using a clean, single -use paper towel or pad and a solution labeled as an antiseptic. The antiseptic solution shall be used in accordance with the manufacturer's instructions. (7) If hair is to be removed from the area to be tattooed, either a single -use razor shall be used, or clippers which are capable of being disinfected. If hair removal is done after cleansing, the area shall be re -cleansed as specified in subsection (6) above. (8) While performing a tattoo procedure, a tattoo artist shall: (a) Use aseptic techniques, including battier covers on instruments and equipment that may come into contact with the tattoo artist or the customer during the tattoo procedure. Should an artist choose to not use a barrier cover on the tattoo machine, they must disinfect the machine upon completion of the tattoo procedure. (b)Use only sterile needle bars; sterile needle tubes, and single -use, sterile needles. (c) Wear new, disposable examination gloves, which shall be discarded after the completion of each single tattooing session. 1. Should the gloves become tom, punctured, or otherwise contaminated outside the general scope of tattooing, or should the gloves come in contact with any object or surface other than the customer's skin or items being used in the procedure, the gloves shall be removed and discarded and the tattoo artist shall thoroughly wash their hands or apply an alcohol -based hand sanitizer and re -glove Before resuming the tattoo session. 2. In the event a tattoo artist must leave the tattooing area, the gloves shall be removed and discarded. The artist shall thoroughly wash their hands or apply an alcohol -based hand sanitizer and re -glove before resuming the tattoo session. (d) Discard any sterile, single -use items that become contaminated and replace them with sterile items before resuming the procedure. (e) Use a stencil that is single -use and clean. The product used to apply the stencil shall be packaged as a single dose or dispensed from a product container as a single customer dose. (f) Any item used for freehand artistry on the customer shall be single -use and discarded after use unless an antiseptic is applied to the skin after marking the skin. (g) Use inks, dyes, and pigments which are intended for tattooing. 1. Inks shall be used in accordance with the manufacturer's instructions. 2. Individual portions of inks, dyes, or pigments shall be dispensed into clean single -use cups for each customer. (9) A nv item which an artist addsIo a tattoo machine to stabilize the needle shall be either single -use or a reusable item that has been disinfected. (10) Upon completion of atattooing procedure, atattoo artist shall: (a) Remove any excess ink from the customer's skin with a single -use clean paper towel or pad. (b) Use a clean g, love, single -use paper towel, or single -use pad to apply a moisturizing ointment or lotion that is packaged as a single dose or is dispensed from a product container as a single customer dose. (c) If needed, cover the tattooed area with a clean nonstick bandage. (d) Remove and discard any barriers used to cover instruments and equipment and disinfect both the tattoo machine and the work area with a tuberculocidal disinfectant registered with the USEPA. (e) Remove any reusable instruments from the tattooing area in preparation for cleaning, rinsing, drying, and sterilization. (f) Discard any unused ink, dye, or pigment. (g) Thoroughly wash and rinse hands and dry them with clean single -use paper towels. Rulenmkh gq l ulhoriry 381.00787, 381.00789 FS. Law Implemented 381.00779 FS. History -New 9-5-12. 64E-28.011 Fee Schedule. (1) Tattoo Ai list iJcense and Renewal $ 60.00 (2) Guest tattoo ArtistRegistration and Re -registration $ 35.00 (3) Tanoo Establishment License $200.00 (4) Temporary LsiablishmentLicense $200.00 (5)ReoctivalionOrTattooArtist License $ 25.00 (6) Reactivation of Tattoo Establishment License $ 75.00 Rulemaking Authority 381.00789 FS Law Implemented 381.00781 FS. History—New 9-24-12. 1A W OFFICES WEINER & THOMPSON, P.A. MICEIAEL S. WFLYF.A PROFESSIONAL ASSOCIA'lY0\ I,AciuF A. 10 SE 1"AVEVUE, SUM C THOMPSON DELRAY BEACH, FLORIDA 33414 JAIriFS F. CAPIAN BRETrJ. HoRown,7 March 4, 2016 EXHIBIT C Via: Email Mr, 'rim Stallings Director Planning and Zoning City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Email: stillinas(a)mydelraybeach.com Mr. Mark McDonnell Assistant Director Planning and Zoning City of Delray Beach 100 NW I" Avenue Delray Beach, Florida 33444 Email: incdonnellr Mdeiraybeacb.com Re: Tatoo Studio File: TRAD002 Dear Tim and Mark: TELEPHoNE (561) 265.2666 FAesmLE (561) 945-8779 �MTINER@ZONEIAw.COM WW"NZONELAw.COM In supplement to the letter of February 6, 2016, let me bring to your attention some additional matters. By way of information, tattoos have gained acceptance as of this past decade. Life magazine estimated in 1936 that approximately 6% of the population had at least one tattoo. Harris Polls, done in 2003, 2008 and 2012, now show at an estimated 16% (2003), 14% (2008) and 21% (2(112) of Americans having at least one tattoo. Another survey through Pew Research Center indicates that 36% of those within the ages 18 to 25, and 40% of those within the ages of 26 to 40 have at least one tattoo. The decision in Buehrle v. City of Key West, No, 14-15354, 2015 U.S. App. LEXIS 22782 (11th Cir. Dec 29, 2015) does not stand alone. In the case of Anderson v. City of Hermosa Beach, No, 08-56914, 621 F.3rd 1051 (9th Cir. Sept 9, 2010), the court struck down a local municipal ordinance banning tattoo parlors. The court concluded: "In sum, we hold that the tattoo itself, the process of tattooing, and the business of tattooing are forms of pure expression fully protected by the First Amendment." This case was followed by the Arizona Supreme Court in ONFRADOOMetterto T. Stilling,,s.M.McDonmii rC. Taoo Studio 3,4,16.docx Leuer to Timothv Stillings/Mark McDonnell Re:Tatoo Studio March 4,.2016 Page 2 the case of Coleman v. City of Mesa, 284 P.3d 863 (2012). Hence, this is a widely adopted proposition. There is no reason to marginalize this activity. Given the tolerance the City has shown for "permanent makeup," a distinction for this protected activity is not warranted. We look forward to hearing on March 21, 2016 and thank you for your consideration of these matters. Very MSW: EXHIBIT D October 4, 2010 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council October 12, 2010 SUBJECT: MUNICIPAL CODE AMENDMENT TO ALLOW TATTOO BUSINESSES AND BODY PIERCING STUDIOS IN THE C-3 ZONE, AND ZONES PERMITTING C-3 USES, OR OTHER ZONES AS DEEMED APPROPRIATE. Recommendation: Waive full reading and introduce on fust reading a regular ordinance and adopt an urgency ordinance to amend the zoning code to allow tauoo/body piercing studios in the C-3 zone (and zones that allow C-3 uses), or the C -2/C-3 zone (and zones that allow C-3 uses). Background: On September 28, 2010, the City Council adopted an interim urgency ordinance prohibiting the establishment of tattoo studios in order to allow additional time to study and adopt an ordinance regulating the establishment of such uses in the City. This report and the attached proposed code amendments are presented to meet the requirements of Section 65858 of the State Government Code and to comply with the decision of the Ninth Circuit Court of Appeals discussed below. Currently, tattoo studios are not listed as a permitted use of property under the City's Zoning Ordinance and pursuant to Hermosa Beach Municipal Code Section 17.26.030, uses not listed in the Code are deemed prohibited. The Ninth Circuit Court of Appeals recently held in the case of Johnny Anderson v. City of Hermosa Beach that the City's total ban on tattoo studios is unconstitutional, and that tattooing is [a] "purely expressive activity fully protected by the Fust Amendment, and that a total ban on such activity is not a reasonable "time, place, or manner" restriction. The opinion states, "regulation of the time, place, or manner of protected speech must be narrowly tailored to serve the government's legitimate, content -neutral interests but ... it need not be the least restrictive or least intrusive means of doing so.... So long as the means chosen are not substantially broader than necessary to achieve the government's interest, ... the regulation will not be invalid simply because a court concludes that the government's interest could be adequately served by some less -speech restrictive alternative." At this juncture, the City's only options are to seek review of this decision mi the United States Supreme Court or to comply with the decision by amending the Zoning Ordinance to allow tattoo studios. The issue of allowing tattoo/body art studios in the city was considered by the Planning Commission at several meetings in 2007 in response to public inquiries, and a request that tattoo business be considered similar to other permitted uses in the code. On July 17, 2007 the Commission considered various land use alternatives, including the following: (1) allow the use with no discretionary review, (2) allow the use subject to a conditional use permit, (3) allow the use in the C-3 zone subject to a CUP, (2) allow the use subject to a CUP and impose location restrictions consistent with those imposed on adult businesses (1,000 foot distance between body art studios; and 200 feet from residentially zoned property, schools, parks and churches'), (4) in addition to the above, whether to allow the use in one or more of the commercial districts, (4) continue to not allow the use. Standards relating to Health Department permits, hours of operation, and waste disposal plan were considered. t Section 17.40.050: The exterior walls of the proposed establishment are located more than 200 feet from the exterior boundaries of any lot or parcel of residentially zoned property, any property used for a church, temple or other place used exclusively for religious worship, or any playground, park with recreational facilities or school. The exterior wails of the proposed establishment are located more than 1000 feet from the exterior boundaries of any lot or parcel of land upon which any other such adult business establishment is located. The Commission initially directed staff to prepare a resolution supporting allowing tattoo/body art studios in the C-3 zone subject to a CUP and distance/separation, Health Department permit, waste disposal plan, and hours of operation. However, after considering these options and a draft ordinance, on October 16, 2007 the Planning Commission recommended against allowing tattoo studios within the City. The recommendation was presented to the City Council on January 8, 2008, at which meeting the Council sustained the Commission's recommendation finding that the use is incompatible and will not further the intent of the zoning ordinance because the city already has a substantial number of age restricted uses and permitting an additional category of age restricted uses within the city's limited area will saturate the city with businesses that are not open to the general public and will diminish the ability of the city to attract residents and visitors of all ages. Following this determination by the Council, Mr. Anderson filed his lawsuit in the federal courts alleging that the City's total ban violated his first amendment rights. The City prevailed on a motion for summary judgment in the trial court, but that decision was reversed by the Ninth Circuit in the decision described above. Analysis: Given the history of this issue and the holding of the Ninth Circuit Court of Appeal, staff recommends the following options for considerations to impose reasonable time place and manner restrictions on tattoo businesses: 1. Allow tattoo/body piercing businesses only in the C-3 zone and zones that allow C-3 uses (namely SPA -7 and SPA -8 zones) as a permitted use subject to the following standards: • The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior walls of any other tattoo/body piercing tattoolbody piercing establishment. • The operator of the tattoo/body piercing tattoo/body piercing establishment shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Heath. • Tattoo/body piercing establishments shall not operate between the hours of 11:00 p.m. and 7:00 a.m. • Temporary or mobile establishments or events are not authorized by this section. 2. Allow tattoo/body piercing businesses in both the C-2 and C-3 zones and zones that allow C-3 uses (namely SPA -7 and SPA -8 zones), as a permitted use, subject to the standards above. The combination of limiting these uses to C-3 zones and imposing a 1,000 foot restriction between these businesses would limit the total potential sites to about 7 to 9 in the worst case where locations were coordinated. Additionally allowing these businesses in the C-2 zone would increase the total possible sites by two. Under the options for consideration, these businesses would not be allowed in the SPA -I1 zone along "upper" Pier Avenue. Aside from the health issues, which are regulated, a concentration of businesses that exclusively cater to adults arguably may be considered as a legitimate locational restriction. The 1,000 foot restriction will prevent a concentration of tattoo/body piercing businesses, The Los Angeles Health Code which has been adopted by the city of Hermosa Beach (Chapter 8.04 Hermosa Beach Municipal Code), and Chapter 11.36 of the Los Angeles County Code, Body Art Establishments address the qualifications of the operator and conduct and conditions of the of the establishment http://www laoublichealth.or0ch/does/baLACOTdinance.pdfl. Tattoolbody piereing studios are required to obtain a public health facility permit and each individual operator is required to obtain a public health operator permit. The City may, if it chooses, establish an enhanced health inspection program. Minors are allowed with the consent and in the presence of the minor's parent or guardian. To the extent that tattooing/body piercing is a typically a small-scale specialty service, the use could be found to be consistent with the C-2 zone (generally Pier Plaza and Hermosa Avenue) which is intended to provide opportunities for a limited range of office, retail, and services uses specifically for the scale and character of the downtown — a pedestrian oriented shopping/entertainment district catering to both residents and visitors. Conversely, to the extent that tattooing/body piercing businesses are associated with behavior and activity that creates secondary effects that may not be appropriate in the downtown district, limiting the use to the C- 3 zone may also be a legitimate place restriction. The C-3 zone is intended to provide opportunities for a much broader range of office, retail, and service businesses deemed suitable for the city than the C-2 zone, and appropriate for the diverse nature of the Pacific Coast Highway and Aviation Boulevard commercial corridors. This includes business that may not be suitable for other zones because they attract heavy vehicular traffic or have specific adverse impacts. Environmental Review: The proposed amendment is exempt from the California Environmental Quality Act under Section 15061(b)(3) of Title 14 of the California Code of Regulations on the basis that tattoo body piercing studios are similar in impacts to other allowed personal services uses in the C-3 and C-2 zones located within an urbanized area with the availability of all services. Summary' Two alternatives are presented to appropriately regulate tattoolbody piercing studios by applying time, place or manner restrictions that provide first amendment protection for tattooing as a `purely expressive activity'. The alternative ordinances allow tattoo/body piercing studios as a permitted use limited to C-3 zones and zones that allow C-3 uses only (Attachment 1), or in either C-2 or C-3 zones (Attachment 2). Minimal standards address concentration of similar age restricted uses (distance/separation), health risks (compliance with health permits), and potential for late night activity in districts generally surrounded by residential uses (hours of operation). Parallel urgency ordinances are additionall vided in Attachments I and 2. Pamela Townsend Senior Planner ober o , irector Community Development Department CON":P Step n e 1 City Manager Attachments: 1. Draft Urgency and Regular Ordinances — C-3 zones 2. Draft Urgency and Regular Ordinances — C-2 and C-3 zones 3. Zoning Map November 2, 2010, 2010 City Council Meeting November 9, 2010 Mayor and Members of the City Council ORDINANCE NO. 10-1313 - entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TATTOO/BODY PIERCING STUDIOS IN C-2 AND C-3 ZONES (AND ZONES THAT ALLOW C-3 USES)," Submitted for adoption and waiver of full reading is Ordinance No. 10-1313 relating to the above subject. At the meeting of October 26, 2010, the Ordinance was presented to the City Council for consideration and was then introduced by the following vote: AYES: Duclos, Fishman, Mayor Tucker NOES: Bobko, DiVirgilio ABSENT: None ABSTAIN: None Noted: Steph n.11UYLTire4l, Ci Manager i z 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 10-1313 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TATTOO/BODY PIERCING STUDIOS IN C-2 and C- 3 ZONES (AND ZONES THAT ALLOW C-3 USES) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection (B) of Section 5.04.200 of Title 5, Chapter 5.04 of the Hermosa Beach Municipal Code is amended by amending Section 1, Classification A, Group 7 to read as follows: Group 7: Barbershops, manicuring, facial massage, beauty parlors, cosmetic skin treatment and establishments where massage services are offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment, shall pay �an annual license tax and an additional license tax for each operator other than the owner. Tattoo/body piercing studios require compliance with the regulations set forth in Section 117.26.070. SECTION 2. Section 17.04.050 of Title 17, Chapter 17.04 of the Hermosa Be Municipal Code is amended by adding the following definitions to the alphabetical list commercial land use definitions to read as follows: `Body piercing" means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe or outer portion of the I ear. "Permanent make-up" means the application of pigment to or under the skin of a person Ifor the purpose of permanently or semi -permanently changing the color or appearance of the skin. 29 11 This includes, but is not limited to, permanent or semi-permanent eyeliner or lip color. I 101313 1 2 3 4', 5 6 7 s 9 10 11 12 13 14 15 16 17 18 "Tattoo/tattooing" means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty' shop, day spa, or other service or retail establishment. "Tattoo/body piercing studio" means any establishment where tattooing and/or body piercing takes place. SECTION 3. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code is amended by adding Tattoo/body piercing studios to the alphabetical table of uses permitted in commercial zones to read as follows: jUSE IC-1 FC-2C-3 Section F - F i 1' Y 17.26.070 �attoofbodypiercing studios 19 SECTION 4. A new Section 17.26.070 shall be added to Title 17, Chapter 17.26 of the 20 Hermosa Beach Municipal Code to read as follows: 21 17.26.070 Tattoo/Body Piercing Studios — Standards and Limitations. 22 Every tattoolbody piercing studio shall be subject to the following in addition to all other 23 requirements of law: 24 A. The exterior walls of any establishment in the C-2 zone shall be located more than 25 one thousand (1,000) feet from the exterior walls of any other tattoo/body piercing establishment 26 and the exterior walls of any establishment in the C-3 zone or zone that allows C-3 uses shall be 27 located more than one thousand five hundred (1,500) feet from the exterior walls of any other 28 tattoo/bodypiercing establishment. 2 10-1313 1 2 3 4 5 6 7 s 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The operator of the tattoo/body piercing establishment shall obtain and maintain in ,ompliance all permits required by the County of Los Angeles, Department of Public Heath. C. Tattoo/body piercing establishments shall not operate between the hours of 10:00 o.m. and 10:00 a.m. D. Live animals, except for service animals, shall not be allowed on the premises. E. Once established, tattoo/body piercing establishments shall not be permitted to expand into another tenant space or building or otherwise on the site or any contiguous site, or to establish additional locations within the city. F. Temporary or mobile establishments or events are not authorized by this section. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. SECTION 7. This Ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. PASSED, APPROVED and ADOPTED this 9th of November 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California I I ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 3 104313 d City of Hermosa Beach _ Regulating Tattoo/Body Piercing Studios in the City Frequently Asked Questions Q: Why are tattoo/body piercing studios now allowed in Hermosa Beach? A: Until recently, tattoo/body piercing studios were prohibited in the City. However, in 2010 a federal appeals court ruled that tattooing is a protected form of speech and held the City's ban unconstitutional. Q: Why did the City not appeal the court's ruling? A: After consultation with several constitutional law experts, the City concluded that a petition to the Supreme Court would likely be futile. Q: How many tattoo/body piercing studios are now located in the City's limits? A: One tattoo/body piercing studio is open and operating on Pier Plaza and three others have been approved at 802 Hermosa Avenue, 333 Pacific Coast Highway and 1010 Aviation Blvd. Q: What are the allowable days and hours of operation for tattoo/body piercing studios? A: Tattoo/body piercing studios may operate seven days a week, from 10:00 a.m. to 10:00 p.m. Q: Will more tattoo/body piercing studios be permitted in the City? A: The City has adopted guidelines regulating the placement and distancing of tattoo/body piercing studios, which limit the number of these businesses that can be supported in the City. Tattoo/body piercing studios must not be closer than 1,000 feet of one another in the C-2 zone (downtown) and not closer than 1,500 feet in the C-3 zone (PCH, Aviation, Artesia). These distancing requirements will potentially allow three additional tattoo/body piercing studios on PCH and/or Artesia Boulevard, and no more studios in the C-2 zoned areas along Hermosa Avenue and Pier Plaza. Tattoo/body piercing studios are not allowed on Pier Avenue between Palm Drive and Valley Drive. For more information, please visit www.hermosabch.org City of Hermosa Beach Regulating Tattoo/Body Piercing Studios in the City Frequently Asked Questions Q: Is it possible for the City to adopt a moratorium to stop additional tattoo/body piercing studios from opening? A: The City imposed a moratorium in September 2010 in order to provide time to prepare and adopt the permanent regulations described above. State law does not permit the City to adopt another moratorium. Q: What regulatory power does the City have over tattoo/body piercing studios? A: The City's zoning ordinance establishes the minimum distance and operating requirements discussed above, and requires that tattoo/body piercing studios comply with all health codes—including a facility permit, operator's permit, and registered body art technician certificate. Under the court ruling declaring tattooing to be a form of pure speech under the First Amendment, the City's regulations must be content -neutral and narrowly tailored to serve a substantial governmental interest. The City cannot base its regulations on unsubstantiated fears about the impacts of tattoo/body piercing studios, but instead, must base its regulations on substantiated evidence of the impacts of tattoo/body piercing studios on the community. There is no clear test for determining what regulations would be permissible versus those that would be held overly restrictive; rather, the court would evaluate the availability of evidence of negative impacts. Q: Did the City Council conduct open hearings to allow public participation before adopting the tattoo/body piercing regulations following the Ninth Circuit decision? A: Yes. The City Council discussed the subject of tattoo regulations at six public meetings between September and December 2010, three of which were noticed public hearings, and all of which were preceded by substantial publicity by local media outlets. Q: Why do other cities have more restrictive regulations on tattoo/body piercing studios? A: The Ninth Circuit decision is relatively recent. Most cities have not yet had the opportunity to update regulations that have been on the books for many years and are now not compliant with constitutional requirements. For more information, please visit www.hermosabch.org crX.-N City of Hermosa Beach Regulating Tattoo/Body Piercing Studios in the City Frequently Asked Questions Q: Why did the City not separate tattoo/body piercing studios from homes? A: The City's commercial zones are all very close to homes, and such a regulation might effectively prevent tattoo/body piercing studios altogether. Q: Why did the City adopt the regulations it did? A: The City Council balanced the need for regulation against the likelihood of further expensive litigation, a difficult process given that under the first amendment, any restrictions on speech are presumptively suspect and more restrictions would create greater risk of invalidity. Q: What is the City doing to ensure these tattoo/body piercing studios comply with all applicable laws and regulations? A: The activities of tattoo/body piercing studios are closely monitored by the City's Code Enforcement Division, the County Health Department and the Police Department to monitor compliance with the City's regulatory requirements and to ensure that they do not operate in a manner so as to constitute a public nuisance. Q: Where can we get more information and updates regarding the tattoo/body piercing studios? A: Additional information is available from the City's Community Development Department at (310) 318-0242. For more information, please visit www.hermosabch.org 1 2 3 4 s 6 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 29 29' ATTACHMENT 1- C-3 ZONES ORDINANCE NO. 10-XXXX U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TATTOO/BODY PIERCING STUDIOS IN C-3 ZONES (AND ZONES THAT ALLOW C-3 USES) AND DECLARING THE URGENCY THEREOF The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. Section 17.04.050 of Title 17, Chapter 17.04 of the Hermosa Beach Municipal Code is amended by adding the following definitions to the alphabetical Iist of commercial land use definitions to read as follows: "Body piercing" means to puncture, perforate, or penetrate a human body part or Hssue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the earlobe or outer portion of the ear. "Permanent make-up" means the application of pigment to or under the skin of a person for the purpose of permanently or semi -permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semi-permanent eyeliner or lip color. "Tattoo/tattooing" means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment. "Pattoo/body piercing studio" means any establishment where tattooing and/or body piercing takes place. SECTION 2. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code is amended by adding Tattoo/body piercing studios to the alphabetical table of uses permitted in commercial zones to read as follows: 1 3 4 5 6 7 e 9 to 11 12 13 14 1s 16 17 16 19 20 21 22 23 24 25 26 27 2e 29 SE C-1 C-2 -F3 See Section ratt000lbEody:piercingstudios FF1P 17.26.070 SECTION 3. A new Section 17.26.070 shall be added to Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code to read as follows: 17.26.070 Tattoo/Body Piercing Studios — Standards and Limitations. Every tattoolbody piercing studio shall be subject to the following in addition to all other requirements of law: A. The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior walls of any other tattoo/body piercing tattoolbody piercing establishment. B. The operator of the tattoo/body piercing tattoo/body piercing establishment shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Heath. C. Tattoo/body piercing establishments shall not operate between the hours of 11:00 p.m. and 7:00 a.m. D. Temporary or mobile establishments or events are not authorized by this section. SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION S. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. SECTION 6. Upon the effective date of the ruling of the Ninth Circuit Court of Appeal in the S 1 2 3 4 s 6 7 B 9 10 11 12 13 14 is 16 17 19 19 20 21 22 23 24 25 26 27 28 29 Dase of Johnny Anderson v City of Hermosa Beach, the City will be required to lift its total ban on tattoo studios. In the absence of regulations, tattoo studios may be established in locations or in a manner contrary to the public welfare. Though the Ninth Circuit decision has declared tattooing to be a form of protected speech, it acknowledges that the City has some measure of regulatory authority through the exercise of its police powers. It is necessary for the City to enact zoning regulations governing tattoo studios immediately in order to avoid a temporal gap between the effectiveness of the court's decision and the the effective data of a regularly adopted ordinance; otherwise, applicants may seek to establish tattoo studios at a time when no regulations at all are in effect. The immediate preservation of the public peace, health, and safety requires that this ordinance take effect immediately. In the absence of immediate effectiveness, tattoo studios may be established in an unregulated environment. Accordingly, this ordinance is an urgency ordinance adopted pursuant to California Government Code Section 36937 and shall take effect immediately upon its adoption. PASSED, APPROVED, and ADOPTED THIS _day of 2010. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California IATTEST: C11 CLEF -K. APPROVED AS TO FORM: CITY ATTORNEY 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 26 27 2B 29 ORDINANCE NO.10-XXXX AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TATTOO/BODY PIERCING STUDIOS IN C-3 ZONES (AND ZONES THAT ALLOW C-3 USES) The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. Section 17.04.050 of Title 17, Chapter 17.04 of the Hermosa Beach Municipal Code is amended by adding the following definitions to the alphabetical list of commercial land use definitions to read as follows: "Body piercing" means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the earlobe or outer portion of the ear, "Permanent make-up" means the application of pigment to or under the skin of a person for the purpose of permanently or semi -permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semi-permanent eyeliner or lip color. "Tattoo/tattooing" means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment. "Tattoo/body piercing studio" means any establishment where tattooing and/or body piercing takes place. SECTION 2. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code is amended by adding Tattoo/body piercing studios to the alphabetical table of uses permitted in commercial zones to read as follows: 1 2 3 4 5 6 7 D 9 1D 11 12 13 14 is 16 17 19 19 20 21 22 23 24 25 26 27 2s 29 SE C-1 C-2 .0-3 IseeSection attoo/body piercing studios P 1726.070 SECTION 3. A new Section 17.26.070 shall be added to Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code to read as follows: 17.26.070 Tattoo/Body Piercing Studios — Standards and Limitations. Every tattoo/body piercing studio shall be subject to the following in addition to all other requirements of law: A. The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior walls of any other tattoo/body piercing tattoo/body piercing establishment. B. The operator of the tattoo/body piercing tattoolbody piercing establishment shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Heath. C. Tattoolbody piercing establishments shall not operate between the hours of 11:00 p.m and 7:00 am. D. Temporary or mobile establishments or events are not authorized by this section. SECTION 4. This Ordinance shall become effective and be in full force and in effect from and after thirty (30) days of its final passage and adoption on 2010. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i6 19 20 21 22 23 24 25 26 27 29 29 adopted. SECTION 7. The City Clerk shall insert the effective date of this ordinance in the blank in Section 4 above. PASSED, APPROVED, and ADOPTED THIS _day of 2010. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY APPROVED AS TO FORM: CITY ATTORNEY ■l ATTACHMENT 2- C-2 AND C-3 ZONES 1 ORDINANCE NO.10-XXX U z AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, 3 APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TATTOO/BODY PIERCING STUDIOS IN C-2 AND C-3 ZONES 4 (AND ZONES THAT ALLOW C-3 USES) AND DECLARING THE URGENCY THEREOF s 6 The City Council of the City of Hermosa Beach does hereby ordain as follows: 7 SECTION 1. Section 17.04.050 of Title 17, Chapter 17.04 of the Hermosa Beach Municipal Code a is amended by adding the following definitions to the alphabetical list of commercial land use definitions to 9 read as follows: 10 "Body piercing" means to puncture, perforate, or penetrate a human body part or tissue with 11 an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to 12 prevent the perforation from closing. This includes, but is not limited to, creating such an opening 13 14 in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other 15 decorations. Body piercing does not include piercing of the ear lobe or outer portion of the ear. 16 "Permanent make-up" means the application of pigment to or under the skin of a person for 17 the purpose of permanently or semi -permanently changing the color or appearance of the skin. 1s This includes, but is not limited to, permanent or semi-permanent eyeliner or lip color. 19 "Tattoo/tattooing" means to insert pigment, ink or dye under the surface of the skin of a 20 person by pricking with a needle or otherwise, to permanently change the color or appearance of 21 the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not 22 23 include application of permanent make-up that is performed as an incidental service in a beauty 24 shop, day spa, or other service or retail establishment. zs "Tattoo/body piercing studio' means any establishment where tattooing and/or body piercing 26 takes place. 27 SECTION 2. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach Municipal 2B Code is amended by adding Tattoo/body piercing studios to the alphabetical table of uses permitted in 29 commercial zones to read as follows: /0 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SE -FC 3 See Section FT Vattoolbody piercing studios ��F 17.26.070 SECTION 3. A new Section 17.26.070 shall be added to Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code to read as follows: 17.26.070 Tattoo/Body Piercing Studios — Standards and Limitations. Every tattoo/body piercing studio shall be subject to the following in addition to all other requirements of law: A. The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior walls of any other tattootbody piercing tattoolbody piercing establishment. B. The operator of the tattoolbody piercing tattoo/body piercing establishment shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Heath. C. Tattoo/body piercing establishments shall not operate between the hours of 11:00 p.m. and 7:00 a.m. D. Temporary or mobile establishments or events are not authorized by this section. SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. SECTION 6. Upon the effective date of the raling of the Ninth Circuit Court of Appeal in the it case of Johnny Anderson v City of Hermosa Beach, the City will be required to lift its total ban on tattoo 1 2 studios. In the absence of regulations, tattoo studios may be established in locations or in a manner 3 contrary to the public welfare. Though the Ninth Circuit decision has declared tattooing to be a form of 4 protected speech, it acknowledges that the City has some measure of regulatory authority through the 5 exercise of its police powers. It is necessary for the City to enact zoning regulations governing tattoo 6 studios immediately in order to avoid a temporal gap between the effectiveness of the court's decision and the the effective date of a regularly adopted ordinance; otherwise, applicants may seek to establish tattoo 8 studios at a time when no regulations at all are in effect. The immediate preservation of the public peace, 9 health, and safety requires that this ordinance take effect immediately. In the absence of immediate 10 11 effectiveness, tattoo studios may be established in an unregulated environment. Accordingly, this 12 ordinance is an urgency ordinance adopted pursuant to California Government Code Section 36937 and 13 shall take effect immediately upon its adoption. 14 15 PASSED, APPROVED, and ADOPTED THIS _day of 2010. 16 17 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 18 19 ATTEST: APPROVED AS TO FORM: 20 CITY CLERK CITY ATTORNEY 21 22 23 24 25 26 27 26 29 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 10-XXXX AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW TATTOOIBODY PIERCING STUDIOS IN C-2 and C-3 ZONES (AND ZONES THAT ALLOW C-3 USES) The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. Section 17.04.050 of Title 17, Chapter 17.04 of the Hermosa Beach Municipal Code is amended by adding the following definitions to the alphabetical list of commercial land use definitions to read as follows: "Body piercing" means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the earlobe or outer portion of the ear. "Permanent make-up" means the application of pigment to or under the skin of a person for the purpose of permanently or semi -permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semi-permanent eyeliner or lip color. "Tattoo/tattooing" means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment. "Tattoo body piercing studio' means any establishment where tattooing and/or body piercing takes place. SECTION 2. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code is amended by adding Tattoolbody piercing studios to the alphabetical table of uses permitted in commercial zones to read as follows: B 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 29 SE C-1 F-2 C-3 ee Section F- FFFF attoo/body piercing studios F- P I P 17.26.070 F F—I SECTION 3. A new Section 17.26.070 shall be added to Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code to read as follows: 17.26.070 Tattoo/Body Piercing Studios — Standards and Limitations. Every tattoo/body piercing studio shall be subject to the following in addition to all other requirements of law: A. The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior walls of any other tattoo/body piercing tattoolbody piercing establishment. B. The operator of the tattoo/body piercing tattoo/body piercing establishment shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Heath. C. Tattoo/body piercing establishments shall not operate between the hours of 11:00 p.m. and 7:00 a.m. D. Temporary or mobile establishments or events are not authorized by this section. SECTION 4. This Ordinance shall become effective and be in full force and in effect from and after thirty (30) days of its final passage and adoption on 2010. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and f �' 1 2 3 4 s 6 7 8 9 to 11 12 13 14 15 16 17 18 19 28 21 22 23 24 25 26 27 28 29 adopted. SECTION 7. The City Clerk shall insert the effective date of this ordinance in the blank in Section 4 above. PASSED, APPROVED, and ADOPTED THIS _day of 12010. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY ATTORNEY /5 Planning & Zoning Department BOARD ACTION REPORT — APPEALABLE ITEM Project Name: Patio Beach Delray Project Location: 303 Gleason Street Request: Class III Site Plan Modification Board: Site Plan Review and Appearance Board (SPRAB) Meeting Date: March 23, 2016 Board Action: Approved 6-0 = Site Plan Approved 6-0 = Landscape Plan Approved 6-0 = Architectural Elevations Project Description -noting staff concerns: The property measures 23,152 sq. ft. (0.53 acre) and is located at the southeast corner of Bay Street and Gleason Street. It currently contains an existing 10 -unit 1 -story condominium development which was constructed in 1950. The applicant proposes to upgrade 4 of the existing efficiency units, each to include a 2nd story addition containing 350 sq. ft. with an additional bedroom and bathroom serving each unit. On January 21, 2016, the Board of Adjustment (BOA) approved a variance to allow the 9.85' existing rear setback to remain, whereas a 25' rear setback is required. On March 23, 2016, the Site Plan Review and Appearance Board (SPRAB) conditionally approved a Class III Site Plan modification proposal to construct a 2nd story building addition for four efficiency units within an existing one-story 10 -unit condominium development. The development proposal included an additional bedroom and bathroom serving each unit, construction of 2 additional parking spaces for an existing 8 -space parking row, architectural elevation changes for the affected 4 condominium units and landscaping upgrades for entire site. 1. The staff raised the following concerns: Replace the existing blue canvas awning with a color that matches the proposed color scheme (i.e. tan or white). The Board considered this alternative, however, ultimately supported the applicant's request to allow the existing blue awning to remain since the owner's future plans include changing the color scheme at which time this can be addressed. Board comments: A traffic study would not be deemed necessary. However, a traffic statement is appropriate. Relief from the landscaping requirements would require a SPRAB waiver, which was not presented for consideration. Relief from the sidewalk in -lieu requirements along Bay Street would require a waiver to the City Commission and is not within the authority of SPRAB. Existing painted block on the lower level is not visually compatible with the proposed stucco finish on the new upper level. Appealable Item Report The south elevation did not demonstrate a visual transition between the upper and lower levels. The existing trees to be affected by the required landscape curbing and islands are either durable enough to withstand relocation or already dead and in need of removal. Thus, the upgrades can be accommodated. A structural engineer will be required to inspect the existing building to assure that the existing structure can withstand the second story addition. This is required prior to building permit issuance, but not for SPRAB consideration. Speculated regarding why only four units instead of all 10 units were being renovated and verified HOA and remaining 6 condominium owners support with staff and applicant. Board offered additional conditions of approval as follows. Site Plan - Staff's recommended 5 conditions, with a slight change to the wording on condition #3 to specify a traffic statement requirement instead of a traffic study. Landscape Plan — Staff's recommended 5 conditions, as stated in the staff report. Architectural Elevations — Staff's recommended condition #1 only. The Board removed staff's recommended condition #2 regarding replacement of the blue awning with a color to match the proposed tan and white. The Board added a replacement condition #2 to require the lower level of the affected four units to have stucco finish over the existing painted block. The Board also added a new condition #3 to provide stucco banding to transition the upper level from the lower level on the south elevation. Public input — noting comments and concerns: No members of the public spoke in opposition to or in support of the development proposal. Associated Actions: None. Next Action: None. 2 SITE PLAN REVIEW AND APP CITY OF DELRAY BEACH MEETING DATE: March 23, 2016 ITEM: 11 RECOMMENDATION II GENERAL DATA: I l Agent ...................... Applicant/Owner........ Location ................... Property Size ............. Current FLUM............. I Current Zoning............ I Adjacent Zoning... North South East: West Existing Land Use..... Proposed Land Use.... Water Service .............. Sewer Service........... EARANCE BOARD ---STAFF REPORT --- Patio Beach Delray - Class III Site Plan Modification associated with construction of a 2nd story building addition for four units within an existing one-story 10 -unit condominium development. Approve the Class III Site Plan Modification, Landscape Plan and Architectural Elevations subject to the conditions identified in the attached staff report. Steve Siebert Gary Schuler Southeast corner of Bay St. and Gleason St. 23,152 sq. ft. (0.53 acre) MD (Medium Density Residential — 5 to 12 dwelling units per acre) RM (Multiple Family Residential — Medium Density) RM (Multiple Family Residential — Medium Density) RM (Multiple Family Residential — Medium Density) RM (Multiple Family Residential — Medium Density) RM (Multiple Family Residential — Medium Density) Multi -family Residential No Change Existing On -Site Existing On -Site A& NORTH ITEM BEFORE THE BOARD The item before the Board is approval of a Class III Site Plan Modification for Patio Beach Delray, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(c). The request involves the following elements: O Site Plan; O Architectural Elevations; and, O Landscape Plan The property is located at the southeast corner of Bay Street and Gleason Street. BACKGROUND The subject property measures 23,152 sq. ft. (0.53 acre) and currently contains an existing 10 - unit 1 -story condominium development which was constructed in 1950. It is zoned RM (Multiple Family Residential — Medium Density), with an MD (Medium Density Residential — 5 to 12 Dwelling Units Per Acre) Future Land Use Map (FLUM) designation. The applicant proposes to upgrade 4 of the existing efficiency units, each to include a 2nd story addition containing 350 sq. ft. with an additional bedroom and bathroom serving each unit. In 1950, the front of the property was determined to be Gleason Street and the existing setbacks were constructed according to the City Ordinance. With the adoption of the City of Delray Beach Land Development Regulations on October 1, 1990, the site was subject to RM Zoning District standards. On November 3, 1998, the City Commission adopted Ordinance 43-98, which established the legal front of the property as Bay Street. This created an existing nonconformity for the subject property. It is noted that the applicant requested relief from the development standards in effect at the time that the site was constructed (i.e. 15' side setback). On January 21, 2016, the Board of Adjustment (BOA) approved a variance to allow the 9.85' existing rear setback to remain, whereas a 25' rear setback is required. Now before the Board is a Class III Site Plan modification proposal to construct a 2nd story building addition for four units within an existing one-story 10 -unit condominium development. PROJECT DESCRIPTION The development proposal consists of the following: • Construction of a 2nd story addition for four existing efficiency units • Upper level floor plans for additional bedroom and bathroom serving each unit • Construct 2 additional parking spaces for an existing 8 -space parking row • Architectural elevation changes for affected 4 condominium units • Landscaping upgrades for entire site SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray —Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 2 SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM (Multiple Family Residential — Medium Density) zoning district: Zo inp RM (Medium Density — Multiple Family Residential) Required (1 &2/3*) Existing (1 &2/3*) Building Setbacks (min.: - Front north 25730' 23.61' Side Interior (east) 15730' 9.89' Side Streetwest 25730' 24.85' Rear south 25' 9.85' 4.4.6(H)(1) 0.53 acre Maximum Lot Coverage: Open Space: Building Height max.: 40% 25% 35' 22 73% 36% 22.5' 6.0 18 10.0 Minimum Floor Area: (8ExistinW Efficiencies 400 sq. ft. 390 sq. ft. 2 Existing) IBR 600 sq. ft. 590 sq. ft. du/ac Maximum Densit . 6-12 units/acre 18 units/acre Min. Lot Sizes . ft. Min. Lot Frontage (ft.) Min. Lot Width ft. Min. Lot Depth ft. 8,000 sq. ft. 60 sq. ft. 60 sq. ft. 100 23,152 sq. ft. 304 sq. ft. 150 sq. ft. *1 &2/3 = 1" and 2"d Story/ 3'" Story. There is an additional 5' setback for the 3`d story. (not applicable for this proposal) The proposal includes conversion of 4 existing 390 sq. ft. efficiencies to 740 sq. ft. one -bedroom units, increasing the unit sizes above 600 sq. ft. for 1 BR, to eliminate the existing nonconformity. LDR Section 4.4.6(F)(2) — Density Allowances: LDR Section Lot Size Base Density Base Units Max. Density Max. Units Actual Density Actual Units 4.4.6(H)(1) 0.53 acre 6 du/ac 3.0 12 du/ac 6.0 18 10.0 du/ac The existing Patio Beach Delray 10 -unit condominium development is an existing nonconforming use within the RM (Multiple Family Residential — Medium Density) Zoning SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 3 District with respect to density. The current zoning allows multiple family residences up to 12 units per acre. The existing site currently contains 10 units on a 0.53 acre site which comprises 18 units per acre. Performance standards (LDR Section 4.4.6(I)(a. thru g.) are applicable to proposed new developments pursuant to LDR Section 4.4.6(H)(1) for densities proposed over the standard 6 units per acre. Since the 10 -unit condominium development exists and no new units are proposed, a review of the performance standard is not deemed necessary. LDR Chapter 4.6 Supplementary District Regulations: Vehicle Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two spaces per unit and one-half a space of guest parking. There are a total of ten residential units and sixteen parking spaces exists which back out onto the adjacent rights-of-way. With the proposed improvements, the parking requirement for the site will be eighteen spaces. Eighteen parking spaces are proposed. The development proposes to restripe an existing 8 -space parking row to obtain two additional parking spaces. Therefore, the parking requirement will be met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. New bicycle racks are proposed. Thus, this LDR requirement is met. LDR Section 6.1.3(B) - Sidewalk Requirements: Bay Street: At its meeting on Thursday, January 7, 2016, the Development Services Management Group (DSMG) determined that payment of in -lieu fees instead of sidewalks is necessary for the existing 150' of frontage. The estimated in -lieu cost is $6,000 at $8 per sq. ft. for a 5' sidewalk. This remittance is required prior to issuance of a building permit. Gleason Street: At its meeting on Thursday, January 7, 2016, the Development Services Management Group (DSMG) determined that payment of in -lieu fees instead of sidewalks is necessary for the existing 154.4' of frontage. The estimated in -lieu cost is $6,176 at $8 per sq. ft. for a 5' sidewalk. This is also required prior to issuance of a building permit. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to site plan certification. Pursuant to LDR Section 2.4.3.A.4., a vicinity map is required which clearly shows the subject property, adjacent properties, and their relationship to streets located within one-half mile radius of the property. Provide the vicinity map on a separate 24" x 36" cover sheet or as an insert on the proposed site plan (Sheet SP.1). It has been inadvertently omitted. 2. Please note that Sheet SP -1 indicates a total of 8 units. This shall be corrected prior to site plan certification. SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 4 3. Provide a traffic statement or study. A traffic concurrency determination that either satisfies the requirements of the City of Delray Beach Traffic Engineer or the Palm Beach County Traffic Division is required. LANDSCAPE PLAN ANALYSIS Pursuant to LDR Section 4.6.16 (C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3 (C). A proposed landscape plan has been submitted and evaluated by the City's Senior Landscape Planner and the following comments remain outstanding: Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification. Per LDR 4.6.16(D)(2)(d)(4), the provisions of the landscape code (section 4.6.16) shall apply to any modification to existing development which results in an increase of 25% in the gross floor area of the structure, or structures, situated on the site. In such cases, the entire site shall be upgraded to present landscape standards. This requirement will affect the landscape islands, installation of curbed landscape areas, tree and shrub requirements, and dumpster screening for this particular site. 2. Per LDR 4.6.16(H)(3)(i), landscape islands are required to have a minimum width of nine feet (9'), exclusive of curbing with a minimum planting area of one hundred and thirty- five square feet (135 SF). Update all applicable plans. 3. Per LDR 4.6.16(E)(3), all landscape areas shall be separated from vehicular use areas by car stops or type `D' non -mountable curbing. All landscape islands are required to be curbed. Show and label curbing and/or car stops on all applicable plans. 4. Per LDR 4.6.16(H)(3)(h), All landscape islands are required to contain a minimum of seventy-five (75 SF) square feet of shrubs and groundcovers. Shrubs shall be placed at the back of the island with low groundcovers in the nose to eliminate sight visibility issues. 5. Show applicable sight triangles on landscape plans. Based upon these findings, the proposed development can be found in compliance with applicable requirements of LDR section 4.6.16, with the above Landscaping Technical items attached as conditions of approval. I ARCHITECTURAL ELEVATIONS ANALYSIS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. 1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 5 2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The development includes 10 existing one-story condominium units. Only 4 of the 5 existing units will be affected with the current proposal to construct a 2nd story addition for existing efficiency units fronting along Gleason Street. No architectural changes are proposed for the units along Bay Street. The existing building is lacking architectural character and is mostly shielded from view by an existing enclosed, covered walkway made of white vinyl fencing with a blue canvas awning. The existing blue canvas awning is inconsistent with the proposed color scheme which is "Pure White" and "Cean Stone". The proposed white standing steam metal roof covering the second story addition is architecturally compatible with the existing site. There appears to be a pattern on the upper level of the proposed west elevation, indicating a material or texture change. However, no change is noted. Staff recommends either incorporating the pattern in all four elevations or removing it from the west elevation. If retained, notations shall provide clarification of the proposed differentiation in texture or material. Staff also recommends replacing the existing blue canvas awning with a color that matches the proposed color scheme (i.e. tan or white). The proposed architectural elevations will contribute to the image of the City as a place of beauty, harmony, taste and high quality, once the conditions of approval have been met. It will not cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Based on the above, positive findings with respect to LDR Section 4.6.18(E) can be made, with the staff recommended conditions of approval. REQUIRED FINDINGS Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a zoning designation of RM (Multiple Family Residential - Medium Density) and a MD (Medium Density 5-12 units/acre) Future Land Use Map designation. The zoning is consistent with the FLUM designation. Therefore, a positive finding can be made with respect to consistency with the Future Land Use Map (FLUM). SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 6 LDR Section 3.1.1(B) - Concurrency: As described in Appendix "A", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) - Consistency: As described in Appendix "B", a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section MAW) - Compliance with the Land Development Regulations Pursuant to LDR Section 2.4.5(F)(5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table indicates the zoning and land use of the properties surrounding the subject property: Adjacent Zoning Adjacent Land Use North RM (Multiple Family Residential - Medium 50 -unit Condominium Development Density) South RM (Multiple Family Residential - Medium 41 -unit Condominium Development Density) East RM (Multiple Family Residential - Medium 55 -unit Condominium Development Density) West RM (Multiple Family Residential - Medium 10 -unit Townhome Development Density) To the west is an existing 10 -unit townhome development. To the south is an existing 41 -unit condominium development. To the north is an existing 50 -unit condominium development. To the east is an existing 55 -unit condominium development. The proposed 10 -unit multi -story townhome development will complement the existing fabric of the adjacent developments and significantly improve the aesthetic and property value of the existing site. Thus, the proposed change will not pose any adverse effect on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. Comprehensive Plan Policies: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 7 topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed addition to the existing multi -story 10 -unit condominium development is appropriate and consistent with the surrounding area. There are existing multi -family residential developments on the adjacent properties to the north, south, east and west. Thus, the proposed addition to the existing Patio Beach Delray development can be deemed a compatible and appropriate use for this site. Housing Element Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed 2nd floor addition to 4 out of 10 units in an existing condominium development should have a stabilizing effect by providing a quality residential development in an urban environment. Nuisances such as noise, odors, and dust will not be a factor to the adjacent residential uses. The traffic volumes will be minimal and can be accommodated by the surrounding road network. Thus, the proposal will not result in a degradation of, but will enhance adjacent neighborhoods. REVIEW BY OTHERS The development proposal is not located in an area which requires review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC). Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, adjacent property owners, citizens and/or civic groups: • Delray Citizens Coalition • Beach Property Owners Assoc. Inc. • Mary Renaud Public Notice: Formal public notice is not required. Any letters of objection and/or support for this site plan modification will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION The subject property is a 21,152 sq. ft. (0.53 acre) parcel containing an existing 10 -unit condominium building (Patio Beach Delray) constructed in 1950. The development proposal includes construction of a 2nd story building addition for four of the existing efficiency units SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 8 fronting on Gleason Street. This will decrease existing nonconformities relative to unit size. No changes are proposed to the units fronting on Bay Street. One existing one bedroom on Gleason Street will remain one story. The proposed architectural changes only affect the 4 units with the 2nd story addition. There are some discrepancies in the pattern on the drawings for the upper level of the west elevation which must be clarified. Similarly, the existing blue canvas awning must be replaced with a color matching the new color scheme (i.e. tan and white). These are staff recommended conditions of approval. The increase in gross floor area (i.e. more than 25%) requires the entire site to be upgraded to meet current code requirements with respect to landscaping. A landscape plan has been provided. However, it does not appear to meet the current landscape island widths (i.e. 9' or 135 sq. ft.) for the terminating end of the two existing parking rows. This shall be remedied in plans provided prior to site plan certification. Any other landscaping upgrades deemed necessary are still pending confirmation from the City Senior Landscape Planner. There is no increase in the number of units. Thus, traffic patterns are anticipated to remain the same. However, no traffic statement or study was provided to indicate the impact of current traffic patterns for the development. As such, a positive currency determination from either the City Traffic Engineer or Palm Beach County Traffic Division is deemed necessary prior to site plan certification. Additionally, since the parking rows prohibit provision of a minimum 5' sidewalk, payment of fees in -lieu of sidewalk construction is required prior to building permit issuance and this is a condition of site plan approval. With the aforementioned conditions of approval addressed, the project will be in compliance with the LDRs and comprehensive plan. ALTERNATIVE ACTIONS A. Move postponement of the Class III Site Plan Modification, Landscape Plan and Architectural Elevations for Patio Beach Delray, by electing to continue with direction. B. Move approval of the Class III Site Plan Modification, Landscape Plan and Architectural Elevations for Patio Beach Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in LDR Sections 2.4.5(G)(1)(c), 3.1.1 (Required Findings), 4.6.16 (Landscaping) and 4.6.18 (Elevations), subject to conditions. C. Move denial of the Class III Site Plan Modification, Landscape Plan and Architectural Elevations for Patio Beach Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with and does not meet criteria set forth in LDR Sections 2.4.5(G)(1)(c), 3.1.1 (Required Findings), 4.6.16 (Landscaping) and 4.6.18 (Elevations). STAFF RECOMMENDATION By Separate Motions: Site Plan: Move approval of the Class V Site Plan for Patio Beach Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in LDR Sections 2.4.5(F)(5) and 3.1.1 (Required Findings), subject to the following conditions: SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 9 1. Pursuant to LDR Section 2.4.3.A.4., a vicinity map is required which clearly shows the subject property, adjacent properties, and their relationship to streets located within one- half mile radius of the property. Provide the vicinity map on a separate 24" x 36" cover sheet or as an insert on the proposed site plan (Sheet SPA). It has been inadvertently omitted. 2. Please note that Sheet SP -1 indicates a total of 8 units. This shall be corrected prior to site plan certification. 3. Provide a traffic statement or study. A satisfies the requirements of the City of Beach County Traffic Division is required. traffic concurrency determination that either Delray Beach Traffic Engineer or the Palm 4. Payment of in -lieu fees instead of sidewalks is necessary for the existing 150' of frontage along Bay Street. The estimated in -lieu cost is $6,000 at $8 per sq. ft. for a 5' sidewalk. This is required prior to issuance of a building permit. 5. Payment of in -lieu fees instead of sidewalks is necessary for the existing 154.4' of frontage along Gleason Street. The estimated in -lieu cost is $6,176 at $8 per sq. ft. for a 5' sidewalk. This is required prior to issuance of a building permit. Landscape Plan: Move approval of the Landscape Plan for Patio Beach Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: Per LDR 4.6.16(D)(2)(d)(4), the provisions of the landscape code (section 4.6.16) shall apply to any modification to existing development which results in an increase of 25% in the gross floor area of the structure, or structures, situated on the site. In such cases, the entire site shall be upgraded to present landscape standards. This requirement will affect the landscape islands, installation of curbed landscape areas, tree and shrub requirements, and dumpster screening for this particular site. 2. Per LDR 4.6.16(H)(3)(i), landscape islands are required to have a minimum width of nine feet (9'), exclusive of curbing with a minimum planting area of one hundred and thirty- five square feet (135 SF). Update all applicable plans. 3. Per LDR 4.6.16(E)(3), all landscape areas shall be separated from vehicular use areas by car stops or type 'D' non -mountable curbing. All landscape islands are required to be curbed. Show and label curbing and/or car stops on all applicable plans. 4. Per LDR 4.6.16(H)(3)(h), All landscape islands are required to contain a minimum of seventy-five (75 SF) square feet of shrubs and groundcovers. Shrubs shall be placed at the back of the island with low groundcovers in the nose to eliminate sight visibility issues. 5. Show applicable sight triangles on landscape plans. SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 10 Architectural Elevations: Move approval of the Architectural Elevations for Patio Beach Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following conditions: 1. There appears to be pattern on the upper level of the proposed west elevation, indicating a material or texture change. However, no change is noted. Either incorporate the pattern in all four elevations or remove it from the west elevation. If retained, notations shall provide clarification of the proposed differentiation in texture or material. 2. Replace the existing blue canvas awning with a color that matches the proposed color scheme (i.e. tan or white). Staff Report Prepared By: Candi N. Jefferson, Senior Planner Attachments: Appendix A, Appendix B, Project Plans, Alternate Landscape Plan, Staff Comments on Alternate Landscape Plan SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 11 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • Water service is existing on site • Sewer service is existing on site Water and sewer services currently exist on site. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant -for the City at build -out. Streets and Traffic: A traffic statement or study has been not provided which indicates that the 10 -unit condominium development meets traffic concurrency requirements. A positive finding of concurrency from the either the City Traffic Engineer or the Palm Beach County Traffic Division is required. Receipt of a favorable traffic concurrency determination letter from Palm Beach County is required prior to site plan certification. This is attached as a condition of approval. Parks and Recreation Facilities Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per each new dwelling unit is required to be collected prior to issuance of a building permit. Since all 10 units, including the 4 affected units already exists, this fee is not applicable. It should have already been paid with prior building permit issuance for construction of the existing development. Solid Waste: The existing 10 -unit condominium residential use generates 5.2 tons of solid waste per year. Since the unit count has not changed, there will be no increase in solid waste per year. Further, the Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. Schools: The Palm Beach County School District has previously approved the development proposal for compliance with the adopted Level of Service for School Concurrency. No additional written verification from the Palm Beach County School District is required. Drainage: Drainage is already accommodated on-site. There appears to be no existing draining problems and the proposed changes will not have a negative impact on existing conditions. Based upon the above, positive findings with respect to this level of service standard can be made. SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 12 APPENDIX "B" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood if it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X — subject to PBC traffic concurrency determination Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent SPRAB Staff Report: Meeting of 03/23/16 Patio Beach Delray — Class III Site Plan Modification, Landscape Plan and Architectural Elevations Page 13 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 L Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X- subject to PBC traffic concurrency determination Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent » ARCHITECTURAL 51TE PLAN ■CIVJ■ : ar�N..ulowweleiwRvm GENERAL NOTES: 1. APPLICATION IS FOR SECOND FLOOR ADDITION TO (4) OF ( I O UNITS). (UNITS 7. 8, 9. 4. 10 ARE 390 SF (EACH) PROPOSED 350 5F SECOND -FLOOR ADDITION) 2. EXISTING DUMPSTE9 4 DUMPSTER ENCLOSURE TO REMAIN (NO DETAIL PROVIDED) 3. EXI5TING PARKING 15 SINGLE LINE STRIPE (STRIPING SHALL BE UP -DATED TO NEW DOUBLE LINE STANDARDS PER DELRAY PARKING DETAIL - 4.1 4 4.2, PROJECT DATA TOTAL SITE AREA: 23.152.72 SOFT (0.53AC) 10096 OP SITE AREA GROUND FLOOR AREA: 5,263.6 5F SECOND FLOOR AREA: I •685.3 5F TOTAL FLOOR AREA 6,948.9 SF PARKING/ PAVED AREA: 2, 149.5 5F SIDEWALK PATIO AREA: 6.481 .5 5F POOL AREA (WATER): 675.0 Sr OPEN SPACE AREA: 8,383. 15F OWEWNG UNITES PER ACRE -LDR 4.4.6(H)(I) (MAX DENSITY. 12U/Ax.53A=GU) ACTUAL # RE5IDENTIAL DWELLING UNITS: 10 (NON -CONFORMING) ACTUAL DWELLING UNITES PER ACRE 18 (NON -CONFORMING) PARKING SPACES REQUIRED PER LDR SECTION 4.6.9 4(C) EFFECIENCY-UNIT (4) X 1.0 SPC + I BR -UNIT (6) X 1.5 5PC + GUEST (1 O) X.5 = 4+5+5= 18 PARKING SPACES PROVIDED: STANDARD (I O' X 16') g STANDARD (9' X 1 T) 10 HANDICAP 0 TOTAL PROVIDED: 18 (COMPLIES) DEVELOPMENT STANDARDS UDR SECTION 4.3.4 �'.'N­j (EAST)MIN T)(50UZONE MIN. MIN MIN MAX MIN MIN MIN MIN MA% RM LOT LOT LOT LOT OPEN FRONT SIDE 510E REAR BUILDING SIZE WIDTH (FT) DOVER SPACE SETBACK STREET INTR. SETBA NEIGNT (5P) (PT) fPT7 (%) f4a) (PT) (,T) (PT) (PT) RT) REQUIRED: 8.000 60 100 40 25 25/30 15/30 25/30 25 35 EXISTING: 23,152 150.0' 154.4 22.7% 36.2% 23.61 9.89 24.85 9.85' 22.5'propoaW (woc bldg) non-comp4anc 12.5'aiabng (north bleg) NO PROPOSED CHANGES TO DEVELOPMENT STANDARDS (EXCEPT BUILDING HEIGHT) REQUEST 15 MADE TO EXTEND THE SECOND -FLOOR ADDITION OVER UNIT#I O (INSIDE THE EXISTING GROUND -FLOOR "FOOT -PRINT" - REAR YARD ENCROACHMENT - VARIANCE GRANTED) THE ABUTTING RIGHTS OF WAY (GLEASON C BAY STREETS) DO NOT MEET THE REQUIRED 60' FOR STREETS WITHOUT CURB 4 GUTTER. (LDR 5.3.1 D 2) PER LDR G. 1.3 (B) THE 5' 51DEWALK5 REQUIRED FOR GLEA50N STREET HAVE BEEN WAIVED BY DEVELOPMENT SERVICES GROUP (D5MG) - ON (/7/201 6 A PAY IN-UEU FEE WAS GRANTED. THE 5' SIDEWALK ON BAY STREET 15 NOT IMPACTED BY DEVELOPMENT AND/OR PARKING LOT EXPANSION - WE ARE HERE -BY REQUESTING THE IN -LIEU FEE FOR THIS SECTION TO BE WAIVED. PROPOSED (POST DEVELOPMENT) UNIT MIX: UNIT TYPE: MIN. STANDARD MIN. PROVIDED UNIT COUNT 100% TOTAL IENCY' 4005E 3505F ROOM (Ex) :�EDRDO. 600 IF 74G 51 2 20% ROOM (NEW) 6005, 78051 900 SF 900 5F O O % TOT, FOR ALL: 8 100% TOTAL W K W � m F- LU U W F W— ts Q E STEVE SIEBERT ARCHITECTURE [cT nO: 15.0]4 11.5.15 fWWN B'f. S.K H[affo er. SWS. tMsloxs: uulxgllurAnax RO ITEC UR SCFE SRI SHEET NO. I RESIDENCE #303 0 SHADEt PLAN 4'x4' P.V.C. POST (I W.) P.V.C. FENCING r y4a*� ervztiae u RIBBON BIKE RACK (5) WITH KYNAR FINISH ,t76'OIA IPf = l BOLLOAM V CJn C 12)11 KEBABS (30° LONG) tS g �e 2 ARD OUMPSTER PLAN � � � 6°REINPORCfD CONCTETE (2J 13 KEBABSIST ' I e' � � c •� I• _ � - FINISH GRADE _ I' - _ SLOB G SECTION A (2) N6 KEBABS (30` LONG) _ I_ - PIPE RAIL ANCHORED TO P.V.C. GAT[5 18'Y 18"% 12T CONCRETE FOOTING x..xow ir. ie was a lour 4xew 12' SUBGRADf COMPACTED TO 58% MAX DENSNY PER A.A.S.H.T.O. T-180 UyYj a4 MILA1 DUMSTER DETAIL TYPICAL PRECAST WHEEL STOP DETAIL ^ ue PARKING SPACE DETAIL /� (SEE BANS FOR LOCATION) ' ( \TYPICAL GLfNri TYPICAL BICYCLE ACK DETAIL xx 5C41[NIa sBAL srenwseaae Lu w� LU m� V w W — U a' cn a STEVE SIEBERT ARCHITECTURE °�nFsao",sa•°amna�n, [cTNO; 15.074 11.6.15 1GVm ar B.K >t[La:O ar. sms. ]ASIIfAPPtIGTIGN STTE DETAILS SR2 SHE No. UNIT UNIT - UNIT -8 UNIT- UNIT- 1 NIT- UNIT-1 O -ter (V EXISTING (1) BEDROOM NO CHANGE TO PLAN (NOT -ACCESSIBLE) N ( 590 5F ) n EXISTING EFFICIENCY OPEN (NO PARTITIONS) ip 390 5F) 00 DINING ❑ f 1 r � ` JI EXISTING EFFICIENCY off_ (3905F) C 6� DEMOLITION NOTE - BATH REMOVE EXISTING --�� WALLS t CABINETS t ❑ (TYPICAL UNIT 8,9, 1 O) d Q EXISTING EFFICIENCY 1 (3905F) r C EXISTING EFFICIENCYMo N ❑ J �' (390 SF) u, � BATH 5TO. © EXISTING FIRST FLOOR d demolition 5 2$'-d�'� proposed AC units (.—de Isdng fenced arca) SCREENED ©PROPOSED FIRST FLOOR PLAN IK' - I'-0' NOTE: EXISTING INTERIOR PIANS ARE APPROXIMATE PROPOSED INTERIOR PLANS MAY VARY IN DIMENSIONS AND LOCATIONS ON FINAL CONSTRUCTION DOCUMENTS BUT NUMBERS OF ROOMS, AND GROSS SQUARE FOOT WILL NOT CHANGE AS PROPOSED ,I, 28'-41 ,�. ©PROPOSED SECOND FLOOR I/9 I.- sEnL W IY K W:3 m F- W U N W F- W—_ U (n a a STEVE SIEBERT ARCH�ITECTUIRE se�euu n.iw31° �o�mnvan J W 0 11.6.15 zaWN or. B.K [a®en S:Ni6. 1Ev19aN5: ussla�sruunax i00R PUN( 4.1 HEFT NO. lV N NO PROPOSED CHANGES ❑ 00 DINING KITCHEN c LIVING BATH r U BATH 5TO. DINING LIVING _ KITCHEN D IG' -10j" Y 00 00 K TCHEN UVING 7 DINING BATH ❑ 5To. v UP UP KI CHEN 00 DI ING 00 �m LIVING in O - 2$'-d�'� proposed AC units (.—de Isdng fenced arca) SCREENED ©PROPOSED FIRST FLOOR PLAN IK' - I'-0' NOTE: EXISTING INTERIOR PIANS ARE APPROXIMATE PROPOSED INTERIOR PLANS MAY VARY IN DIMENSIONS AND LOCATIONS ON FINAL CONSTRUCTION DOCUMENTS BUT NUMBERS OF ROOMS, AND GROSS SQUARE FOOT WILL NOT CHANGE AS PROPOSED ,I, 28'-41 ,�. ©PROPOSED SECOND FLOOR I/9 I.- sEnL W IY K W:3 m F- W U N W F- W—_ U (n a a STEVE SIEBERT ARCH�ITECTUIRE se�euu n.iw31° �o�mnvan J W 0 11.6.15 zaWN or. B.K [a®en S:Ni6. 1Ev19aN5: ussla�sruunax i00R PUN( 4.1 HEFT NO. PHOTO - EXISTING EAST ELEVATION mor -5— SEAM METAL ROOF LINE OF ENCLOSED PATIO WALL(5) 5EE SURVEY PROPOSED (EAST) BACK ELEVATION /W - I'-0• TYPICAL (SECOND FLOOR) STUCCO ON BLOCK (FINISH TO 51MULATE SIDING) PROPOSED (SOUTH) ELEVATION u4. _ ,.- TYPICAL (SECOND FLOOR) STUCCO ON BLOCK (FINISH TO 51MUTATE 51DING) REQUIRED RFAR-YARD 5ET-BACK IS 25' EXISTING STRUCTURE 9.85' RELIEF REQUESTED FOR SECOND FLOOR ADDITION FOR THE FOLLOWING CONDITIONS: VARIANCE GRANTED 1-21-201 G FOR THE EXISTING CONDITION TO REMAIN. AND ALLOW THE SECOND FLOOR TO ALIGN WITH THE FIRST o E KI N SEAM METAL ROOF PROPOSED (WEST) FRONT ELEVATION M.— I— PROPOSED (NORTH) ELEVATION 25 D" REAR BUILDING SET -BACK LINE O)F TI I FENCE 3 SEAL W I C W7 m f LU N W F U I—' C' (n a a STEVE SIEBERT ARCHITECTURE mo�esav�e� J LLI = a UUQ E� a LL7 � g a m zS o O J m LL H• -I Ecrx0 15.074 I1.fi.15 owwN en 6.K w[amm SW.S. xfl'mONt: GA mpwuuiioN E EMnONS A.2 SHEETNO. 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(tlp]q c9E S.AYED�91E p TM =s NF4auaD s iDrXa N♦w®FF DF tIfkEsaNPlan areal¢' ATPEFS SB RFs D^[R•AX%.9Pf STFEEB 9PmswmnnS eTRE6 II SCALE Aa STown E%latln9 / PrpPaa.a Canasta's Pl.n 11^ 5-2015 V j Sheet 1 O TO: FROM RE: DATE: Memorandum Community Improvement Peter Anuar, Senior Landscape Planner Candi Jefferson, Senior Planner Peter Anuar PATIO DELRAY 303 GLEASON STREET CLASS III SPM (addition of 2nd story for 4 units) March 14, 2016 DELMY BEACH F i o a i o e All-Amedea ft 1 1 1993 2001 I have reviewed the revised LANDSCAPE PLAN for the above -referenced project. Previous comments from my review on 2-29-2016 (RED) as well as today's comments (PURPLE) are listed below: 1) Per LDR 4.6.16(D)(2)(d)(4), the provisions of the landscape code (section 4.6.16) shall apply to any modification to existing development which results in an increase of 25% in the gross floor area of the structure, or structures, situated on the site. In such cases, the entire site shall be upgraded to present landscape standards. This requirement will affect the landscape islands, installation of curbed landscape areas, tree and shrub requirements, and dumpster screening for this particular site. 2-29-2016: This comment has NOT been addressed. This site needs to comply with the current landscape regulations. See comments below that address the site deficiencies that are applicable. 3-14-2016: This comment has NOT been addressed. See response to comment #2 below for explanation. 2) Per LDR 4.6.16(H)(3)(i), landscape islands are required to have a minimum width of nine feet (9'), exclusive of curbing with a minimum planting area of one hundred and thirty-five square feet (135 SF). Update all applicable plans. 3-14-2016: This comment has NOT been addressed. Per Steve Siebert's letter dated 3/11/2016, he is contesting the requirement to enlarge the islands in an effort to preserve the existing Traveler's Tree at the NW corner of the site. Per Tim's email dated 3/11/2016, he recommends to let SPRAB make the decision on this. 3) Per LDR 4.6.16(E)(3), all landscape areas shall be separated from vehicular use areas by car stops or type 'D' non -mountable curbing. All landscape islands are required to be curbed. Show and label curbing and/or car stops on all applicable plans. 3-14-2016: This comment has been addressed. 4) Per LDR 4.6.16(H)(3)(h), All landscape islands are required to contain a minimum of seventy-five (75 SF) square feet of shrubs and groundcovers. Shrubs shall be placed at the back of the island with low groundcovers in the nose to eliminate sight visibility issues. 3-14-2016: This comment has been addressed. 5) Show applicable sight triangles on landscape plans. 3-14-2016: This comment has been addressed. 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Undiaturb.d EprtN See Specs. fpr Plant sp.Ai g SHRUB PLANTING DETAIL SHRUB INSTALLATION DETAIL GUSTING k GROUND COVER COVER AAE4 .MN NATIVE SCRUB h pROUNp VER AREA LANDSCAPE PLAN PLANT LLST Code DmvtlhT QTY. BOY91mINe�ICp®vp Neme EpeWmgvma EXISTING: IIbIDrS/PALMS osis USI r1 raiPlMlunbrAmnu eprpxnu �rvwurylmt Fps V I Flrcmpv,Mvrns 9l mgmv Amo mlm _o.v Nr. LOT 30 GmT(:W SAi>m A— .. PEReL PeARtN3 WAtl(WAvs, vRNas, ETC c•IA-B1 AREAOF 9HRUBSANOOFOUNOCOVErd 4U.— 2069.9 cwuxomVER9P 11 _E VE— ONe"UIRFO sna IEVEGETATONp o"'. TOTALPAVEOVENOULARUSEA.1 21b9.5 T RL MEPoORIANW—E AREA a-1— 215.0 TOTALIAN0.9cV E AREA PNOVIOED TorAL MEROPSINDE TREES pEOUIR® t.y 1OE T4EESPPOVBm TOTAL LIx— FEET SUPoLTl1NOxO PAPo9BG OR VEHIOIIMUSE APFA 197.0 F6 P�uIR® 5.5 TOLL NU6BEROG PERMETERTREES P9pVI0FO T AL NUMBEROFEyv O REFS TO BE SAVED OF EM TOTAL NUABEROF NATNE TRE ES RFOUIMO 3.6 Toru.xuABEBOFTyBES.Pu m Obb c•N-el a3 '=mx1s1 535.09.F. —a'. 6: ro e09S. Pmpemd • 1-10) --EFLF N•GIlAS BFI TREES N. ptymq 6TPEE9 13TREE5 SEs 2, *.113ml _EE im ECA - A. Sh— qg agw"b ry <Qiir I '�o O F -m �3 H rr IU CL w, O kL/ U N m r v b q v cz 0 N m m w o \.O m A a Cd N W ryw Existing / Prppavad Landvcppe Plan 11p Sn2015 V / Sheet 1 Of 1 �I9PC.ruws•bena AC'CEN'15Is�t19E Flit V F gena uamoml.Uaae Pelm LI4W W. N—t BbIR SI GRO-DCOVERS n1 ISI obm�mb�L.mlLnramu� - ENEe 41 3O]aL 3m � xmNvkplr mkueM9mrm F.rrlren•melNe9. IYM PROPOSED: rco to v v wpbem4.a,9vrsN69m « xbrypm vMTeLnm�, LOT 30 GmT(:W SAi>m A— .. PEReL PeARtN3 WAtl(WAvs, vRNas, ETC c•IA-B1 AREAOF 9HRUBSANOOFOUNOCOVErd 4U.— 2069.9 cwuxomVER9P 11 _E VE— ONe"UIRFO sna IEVEGETATONp o"'. TOTALPAVEOVENOULARUSEA.1 21b9.5 T RL MEPoORIANW—E AREA a-1— 215.0 TOTALIAN0.9cV E AREA PNOVIOED TorAL MEROPSINDE TREES pEOUIR® t.y 1OE T4EESPPOVBm TOTAL LIx— FEET SUPoLTl1NOxO PAPo9BG OR VEHIOIIMUSE APFA 197.0 F6 P�uIR® 5.5 TOLL NU6BEROG PERMETERTREES P9pVI0FO T AL NUMBEROFEyv O REFS TO BE SAVED OF EM TOTAL NUABEROF NATNE TRE ES RFOUIMO 3.6 Toru.xuABEBOFTyBES.Pu m Obb c•N-el a3 '=mx1s1 535.09.F. —a'. 6: ro e09S. Pmpemd • 1-10) --EFLF N•GIlAS BFI TREES N. ptymq 6TPEE9 13TREE5 SEs 2, *.113ml _EE im ECA - A. Sh— qg agw"b ry <Qiir I '�o O F -m �3 H rr IU CL w, O kL/ U N m r v b q v cz 0 N m m w o \.O m A a Cd N W ryw Existing / Prppavad Landvcppe Plan 11p Sn2015 V / Sheet 1 Of 1 Planning & Zoning Department BOARD ACTION REPORT — APPEALABLE ITEM Project Name: Purlife Fitness Center Project Location: 45-55 NE 2nd Avenue/ Pineapple Grove Way Request: Architectural Elevation Change with Mural and Landscape Plan associated with a Class III Site Plan Modification Board: Site Plan Review and Appearance Board Meeting Date: March 23, 2016 Board Action: Approved the architectural elevation plan with mural by a vote of 4 to 1 with condition Qim Knight dissenting, Andrew Youngross stepped down and Jose Aguila absent). Approved the landscape plan by a vote of 4 to 1 Gin Knight dissenting, Andrew Youngross stepped down and Jose Aguila absent). Project Description The project is located on the east side of Pineapple Grove Way, between East Atlantic Avenue and NE 15` Street within the Ocean City Lumber development. The property is zoned Central Business (CBD) District, Central Core Sub -District. The architectural elevation plans were initially reviewed by SPRAB at its February 24, 2016 meeting in conjunction with a Class III Site Plan Modification for the internal expansion of the Purlife Fitness Center to occupy the entire 10,800 square foot building and conversion of a portion of the gym to a restaurant. While the Pineapple Grove Main Street Architectural Review Committee had previously reviewed and provided comments on the mural, the SPRAB Board tabled the mural in order to allow review by entire Pineapple Grove Main Street Board. Additionally, the Board required that a landscape plan be submitted concurrent with the mural. At its meeting of March 2, 2016, the Pineapple Grove Main Street Board unanimously recommended approval of the mural. Staff recommended Board's discretion on the mural due to its scale and proportion. Board comments: The Board added the following comment: • That the mural is painted directly over the brick. Public Comments There was no public input. Associated Actions: All required actions were taken with the Board's approval. Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: March 23, 2016 ITEM: Purlife Fitness Center (45-55 NE 2n" Avenue) — Architectural Elevation Plan for a Mural and attendant Landscape Plan RECOMMENDATION: Board's Discretion for the Mural and Approve the Landscape Plan GENERAL DATA: Owner ....................................... Ocean City properties, Ltd. Applicant ................................... Hammerfit, LLC Location .................................... East side of Pineapple Grove Way (NE 2nd Avenue), north of East Atlantic Avenue Property Size ............................. 2.49 acres Future Land Use Map ................ CC (Commercial Core) Current Zoning .......................... CBD (Central Business District) Adjacent Zoning................North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) & OSR (Open Space and Recreation) Existing Land Use ...................... Commercial Proposed Land Use .................... Expansion of exercise facility with restaurant Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. A T L A N T I C A V E Q w Q S.E. 1ST ST. LJ�LJ N.E. LL1 - -- Li -- > >-- - a Q A T L A N T I C A V E Q w Q S.E. 1ST ST. LJ�LJ ITEM BEFORE THE BOARD The action before the Board is that of approval of a mural in conjunction with the architectural elevation and an attendant landscape plan in conjunction with a Class III site plan modification for Purlife Fitness Center (45-55 NE 2nd Avenue/Pineapple Grove Way) pursuant to LDR Section 2.4.5(G)(1)(c): ❑ Architectural Elevation plan (mural) ❑ Landscape Plan The subject property is located on the east side of Pineapple Grove Way, between East Atlantic Avenue and NE 1St Street within the Ocean City Lumber development. BACKGROUND The overall Ocean City Lumber project consists of Lots 1-3, Onnen Subdivision, which is within the original Block 84, Town of Delray. The complex contains 2.5 acres and five buildings. The building involved with this request is located on the western portion of Lot 1, and lies to the north across the courtyard of the existing House of Siam restaurant. The subject property has an extensive land use history with the most recent action by Site Plan Review and Appearance Board on the Class III site plan modification as noted below. At its meeting of February 24, 2016, the Site Plan Review and Appearance Board considered a Class III site plan modification for the internal expansion of the Purlife Fitness Center to occupy the entire 10,800 square foot building and conversion of a portion of the gym to a restaurant. The Board took the following actions: Class III Site Plan: Approved on a 5 to 0 vote of the Class III site plan modification by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(G)(5) and Chapter Three of the Land Development Regulations, subject to the following condition: 1. That a landscape plan is submitted concurrent with the mural. Architectural Elevation Plan: Approved the architectural elevation plan on a 5 to 0 vote, 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 LDR Section 4.6.18(E) subject to the following conditions: 1. That the small section of the culvert (piping) is incorporated on the west elevation. 2. That the mural returns to the Board for action. 3. That the mural on the east elevation remains. On March 2, 2016, revised plans were submitted addressing the Board's conditions of approval. The current submittal includes a landscape plan reflecting proposed landscape changes along the west building elevation. The architectural elevation plan was modified to include the culvert piping on the west elevation and a note was added to the east elevation plan that there will be Site Plan Review and Appe nce Board Staff Report: March 23, 2016 Purlife Fitness Center — Architectural Elevation Plan (Mural) and Landscape Plan Page 2 no changes to the existing elevation. The landscape plan and mural are now before the Board for action. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The buildings within the Ocean City Lumber development utilize an eclectic collection of building materials and fapade treatments. The mural will be placed between the storefront facades along the west elevation. The existing ivy plantings will be replaced with a mural depicting the upper torso of a person with outstretched arms. The mural will be painted on the existing brick walls. The mural is approximately 85 feet wide and extends almost to the top of the building. The mural contains graphics that depict various forms of exercising. The dominant color of yellow is inter -twined with shades of grey. With respect to the mural, staff maintains that the scale and proportion needs to be addressed as the mural is overshadowing all of the other architectural features on the west elevation and recommends Board's discretion. LANDSCAPE PLAN To address the Board's conditions, the applicant has submitted a landscape plan to compliment the mural. The proposed landscape changes involves pruning the two existing 30" caliper Mahogany trees by a certified arborist and the removal of portions of the Ficus hedge and replacement of low horizontal ground cover that includes Cocoplum and Jasmine hedges, and two single trunk Queen Emma Crinum Lilies. These will be planted at the end of the new planter beds. The City Senior Landscape Planner has reviewed the landscape plan submitted by the applicant and recommends approval. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16. REVIEW BY OTHERS Pineapple Grove Main Street: At its meeting of March 2, 2016, the Pineapple Grove Main Street (PGMS) unanimously recommended approval of the mural. Site Plan Review and AppE nce Board Staff Report: March 23, 2016 Purlife Fitness Center — Architectural Elevation Plan (Mural) and Landscape Plan Page 3 ALTERNATIVE ACTIONS A. Move postponement of the mural in conjunction with the architectural elevation plan and landscape plan for Purlife Fitness Center, by electing to continue with direction. B. Move approval of the mural in conjunction with the architectural elevation plan and the landscape plan for Purlife Fitness Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 4.6.18(E) and 4.6.16 of the Land Development Regulations. C. Move denial of the mural in conjunction with the architectural elevation plan and landscape plan for Purlife Fitness Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 4.6.18 (E) and 4.6.16 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Architectural Elevations: Based on the scale and proportion of the mural staff recommends Board's discretion due to the proportionality of the mural to the wall area. If the Board decides to approve the mural the motion shall be stated as follows: ➢ Move approval of the mural in conjunction with the architectural elevation plan for Purlife Fitness Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Landscape Plan Move approval of the Landscape Plan for Purlife Fitness Center, 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 LDR Section 4.6.16. Staff Report Prepared by. Jasmin Allen, Senior Planner Attachments: • Site Plan Proposed Architectural Elevations Landscape Plan CURRIE SOWARDS AGUILA architects aRnim� sie m, wmimae ceeon nm oo/oo/n�^ PLZFE TENANT IMPROVEMENT 45 NE 2ND AVE. DELAAY BEACH, FL 33444 Av�sw rxts%TMe'��ianm� mwman �unmroNLO" comaw onin°noDULdcv"aainnun b Flx1x�PEew�InIN�HTwFFiPOMe �Id�x�x � iwrAlED Wmm,.� 1NE RAu NSITE PLAN-SPRAB J m 2/03/201— so.., — CIi A1.01 DE51GN THEME.- REMOVE THE_EXISTIN4- IVY ON THE FACADE_ AND tIkz , WEAK FIGU5 HEDGE TO GREATE A CLIEAN SLATE FOR b�,, MURAL. CREATE A BOL75 LANP5GAPIK- THAT COMPLEMENTS ,6 MURAL BY PROVIDING, A SIMPLE DES16N UTILIZING LOW HORIZONTAL GROWING GROUND COVERS., EXISTIN4 LANDSCAPIN4 ON NORTH 51PE of BUILPILI4 TO REMAIN ASI5. !VY TO STAY ON eUILOIN4. EXI5TIN4 50"AINVILL ANOPY TO REMAIL! 9 PNOP05FD CftmWM LILLY, QUEEN EMMA 4'LY 14 SINGLE TAUNR ANP M1414 - TAMED AS A SINSLE THUNK. 150-. HORIZONTAL COCOPLUM ABOUT IW' -V SPREAP PLANTED 3'O.C. UPRIGHT 5HO075 TRIMMED OFF 50 A5 TO MAINTAIN THE- HW41S . BETWEEN 14"-16' HT. 95 -JASMINE VOLV5ILE (SIMPLICIFOLVM)s.3 IB" 5PREAD PLANTED 30A, 0.0• MAINTH Neg BETWEEN 44"-30" HE14HT. 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In an arse epprbwtl by the lvntleaape All wmauee vn the Plane aro InteMtl m a g+(de and Ntll ba wdnea by Me A Albe� mr edetNy Pime mabrNl to 1» No<vbA In. Plmt mverH enmi be atttetl vntl mahtahtl #bis mmam at Na parmwnt canetmctbn ane unto Ne Canbactm .[in a aanprWen.l�n Picot ttlm-aN. I d anY alevapmda scour, N. Lord— A n—t le b b. nvdMa # dadamNan Pier b pppavatl plmNnq ua® are ready M Pinning. biaalnq. . Ni Imbue a'em shat! be nd,,Pbea by m cutamvtk ,etam to ne— a m nYnum of 1505 mwaq. Any Wedn9 Piant ela a to —In N� M pbteba Oidnb uetmctlm eNn a Pnnlml — 1. be DPP— aY Ne Landau. — -Al trey and dimes dial be mihhW enm o minlmum e1 T All landscape islands d other landscape that are adlaemt to vehiabr cypeav She match. useareas are lepuired tb be curbed rith concrete non -mountable wrbing at - cenbe.tbr Is rnpmebls # Ipcbthq dl unaera<d,na uNitles pilar to least sk Inches in height Instanbdm or plmNq mat.wv to b.Id Damage The unpaved paltlbn 11 tM R.O.W. adjacent tot111ttt��t� PraParty Ibn and to Ne red cmbodm b b rumten an maMNe seuipmmt, labor coil plants w roquhed to hetall Me p l,beel pill.. a. Indl...d en Me Imbmpe plane edge shag be landscaped elth sod tIMgalad. .3(i+ All andsca a Oreae a<e to be Ri blvd to p g prbvlddjq minimum of 150,[ aowrage. NI b'aaa an la be alvMrd and/b, puna ae Indicated m Ne plmlh9 Mlege �,, u9fng Xalarnpe principles. NI plat mbMM tv be bvckNbe m a M1.1— ar 12 epp—d —aa paset, to appmea tassel and 1/J dam sena. 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ORanNT—T-g1-I rounxsHADw.s slGw.�ra REMaN X21 NORTH H ELEVATION — FINISH FLOG_ R -n _ _ _ _Pur FINISH FLOOR ^ T.O. PARAPETS M1 0'-0' tl-0' MOOR uur���Fx 15-6'- - —_ - T.O. ROOF Il "—SIL—Till III�I�-I,I1 &µG.Ml�.u� N— -- -- ---- _-16, 1 6 WALLSECTIOWCANOPY DETAIL 5 WALL SECTION BAR eENwMGNOwREv G-O.STOREFRONT m tte•t'O aat 1/P•1+Q RBPUVEEN6TC NdHMPAOf — —T -s v aal FINISH FLOOR ----0'_V 3 SOUTH ELEVATION ve.r-v EAST a r' CURRIE SOWARDS AGUILA architects aa):mt2 wen,ure, mr<Trors, e rnui neNo-�ioorirmr)TurnR� PURLIFE TENANT IMPROVEMENT 45 NE 2ND AVE. DELRAY BEACH, FL. 33"4 MESE DRAwxGEAREPR. ATAA NA06�PNORIENPWRE�s[M ANV ExcxlEms� Fx OPAWiDE�EMOm OE�TMuoR oEv WNBlp MMEIBREDIINGTtE xTPALroRM�uGHMuOMW ER,moru �law�r ID oRAwwc mCc M ELEVATIONS-SPRAB J Ca 27w2016 rZu"or U) IsofiDl rD A3.01 f ~ \ ra• 6 � I. 4!TOP_ _ E; �/ Ste-- ' � .Air k i � ♦ { ,A' 71 w r r OOt}f I ' �,/ ,y .�_��� � ��}'] � `�1�, I �� ♦.� •� y�.1 ,e I` 1 � . ` • f e \ �•` AL, /7 �f 'tS,•rT � ', yJ9 � A✓,+ J 7 1 C `� � I � J �1* w \\\\\\ \jS7 4M 4 ' t e,*,r f � f - _' f r .j"• �.'. .'sa-.lsr:' At 1. Planning & Zoning Department BOARD ACTION REPORT —APPEALABLE ITEM Project Name: Brighton Beach Bagel & Bakery Project Location: 14587 S. Military Trail Request: Amendment to the Master Sign Program to allow the use of corporate colors and increase the height of the flat wall sign. Board: SPRAB Meeting Date: March 23, 2016 Board Action: Approved (5 to 1) (Andrew Youngross dissenting and Jose Aguila absent) to amend the Master Sign Program with the following conditions: 1. Reduce the corporate logo to 30" high 2. Reduce channel letters to 21" high 3. That the sign be maintained at a 103 square feet limit unless or until the applicant returns to modify the Master Sign Program to accommodate the square footage of the sign. Project Description The subject property is located at the northwest corner of Military Trail and Atlantic Avenue. The property consists of approximately 240,789 square feet of retail space and is located on 30.27 acres zoned Planned Commercial (PC) with eight outparcel buildings. The subject property is known as the "Marketplace at Delray". The applicant is in a 4,004 square foot bay and is requesting a flat wall sign that is 2.75' high x 44.25' wide for a total of 121.68 square feet. Per LDR 4.6.7(E)(7) Design Standard Matrix, the maximum area of a flat wall sign is measured by 15% of the building face with a maximum height of 12' times the width of the building for computational purposes. The bay width is 57.41', which calculates an area of 103.3 square feet (57.41' x 12' x 15%). The sign exceeds the allowable square footage for the bay by 18.38 square feet. The applicant is also requesting a logo 4 feet high and the maximum is 30". The size of the sign does not meet the requirements of the Master Sign Program. Furthermore, staff has concerns with the number of colors in the sign as the applicant is also applying for architectural elevation changes which involve painting the building a Trusty Tan and the addition of an awning that is eggshell with green accents. It is recommended that the applicant be allowed to maintain the "corporate" logo at 30", reduce the sign letters to 21" and use no more than two colors in their signage to help maintain consistency throughout the plaza. Board comments: The board removed the condition to reduce the amount of sign colors to two and agreed with the corporate colors. The board also understood that the sign submitted was over the Appealable Item Report allowable size per Land Development Regulations but also agreed that the sign needed to be visually symmetrical for the tenant space proposed. The board recommended that the applicant return with a modified Master Sign Program that would allow for a larger sign for just this bay. Public Comments There were no public comments. Associated Actions: There were no associated actions. Next Action: There are no next actions. Attachments: • SPRAB Report • Site Plan • Sign Elevation • Site Location 2 Applicant: Art Signs Denise Williams Project Name: Brighton Beach Bagel & Bakery Amend Master Sign Program Project Location: 14587 S. Military Trail <:«;:.:>;::>:<:::>::>::»::»::>::><:>:>><:>;::>::>:: EF#�RE.IME..B .ARD .. The item before the Board is the consideration of an Amendment to the Master Sign Program pursuant to LDR Section 4.6.7(F)(2)(b) for the property at 14587 S. Military Trail (Brighton Beach Bagel & Bakery) to use their corporate colors and increase the height of their flat wall sign. BAS::: :<<...::`'>ECTO ":: >.;:;: <.`:':: <€>>><»< The subject property is located at the northwest corner of Military Trail and Atlantic Avenue. The property consists of approximately 240,789 square feet of retail space and is located on 30.27 acres zoned Planned Commercial (PC) with eight outparcel buildings. The subject property is known as the "Marketplace at Delray". The Marketplace at Delray was annexed on December 14, 2010. At the time of annexation, the plaza did not have a Master Sign Program. The Site Plan Review and Appearance Board approved a Master Sign Program on October 22, 2014. Under the current Master Sign Program, tenants with less than 5,000 square feet shall have red faced, individual channel letters raceway mounted with black tri-caps and returns. Internally illuminated colored logos or a single color feature is allowed. The maximum letter height is 21 inches for one line of copy with a logo maximum of 30 inches. There are approximately 29 retail spaces within the plaza under 5,000 square feet. Corporate colors and logos are allowed for national tenants with property owner and staff approval under the current Master Sign Program; regardless of bay size. At this time, there are few bays under 5,000 square feet that have incorporated the use of trademark logos and colors; Weight Watchers, Pinch-A-Penny, Access Medical and Metro PC. Weight Watchers logo is three colors and Metro PC and Access Medical has a maximum of a two color use. In addition the Junior Anchor and Anchor tenant's signs are all of a single color. The intent of a Master Sign Program is to create more consistency throughout the plaza. The applicant is in a 4,004 square foot bay and requesting a flat wall sign that is 2.75' high x 44.25' wide for a total of 121.68 square feet. Per LDR 4.6.7(E)(7) Design Standard Matrix, the maximum area of a flat wall sign is measured by 15% of the building face with a maximum of 12' height times the width of the building for computational purposes. The bay width is 57.41' x 12' (height) x 15% = 103.3 square feet. The sign exceeds the allowable square footage for the Market Place at Delray Master Sign Program, SPRAB Meeting March 23, 2016 Page 2 of 3 bay. The applicant is also requesting a logo 4 feet high. Each of these requests requires an amendment to the Master Sign Program. The applicant has also submitted trademark papers as of February 9, 2016, acknowledging their application for corporate branding, but it should be noted that they have not received official use of the trademark from the corporation. LDR Section 4.6.7 (F)(2)(b) Master Sign Program A Master Sign Program is to be used when the development of a project is of such a scale or character that the normal application of the design and/or aesthetic standards of Subsections (D) and (E), respectfully, will not result in an effective sign program and signing more permissive than said standards is necessary. Approval of a Master Sign Program may include the automatic granting of waivers and or adjustments to the provisions of Subsections (D) and (E) provided the intent of the sign code is maintained and the character of the community and neighborhood is not diminished. The size of the sign does not meet the requirements of the Master Sign Program. Furthermore, staff has concerns with the number of colors in the sign as the applicant is also applying for architectural elevation changes which involve painting the building a Trusty Tan and the addition of an awning that is eggshell with green accents. It is recommended that the applicant be allowed to maintain the "corporate" logo at 30", reduce the sign letters to 21" and use no more than two colors in their signage to help maintain consistency throughout the plaza. Based on the above, positive findings can be made with respect to LDR Sections 4.6.7(F)(2)(b) with the following conditions: 1. Reduce the "corporate" logo to 30" high 2. Reduce channel letters to 21" high 3. Reduce the amount of sign colors to two A. Postpone with direction. B. Move approval of the request to amend the Master Sign Program for Brighton Beach Bagel & Bakery, 14587 S. Military Trail, based upon positive findings to LDR Section 4.6.7(F)(2)(b). C. Move denial of the request to amend the Master Sign Program for Brighton Beach Bagel & Bakery, 14587 S. Military Trail, based upon a failure to make positive findings to LDR Section 4.6.7(F)(2)(b). Move approval of the request to amend the Master Sign Program for Brighton Beach Bagel & Bakery, 14587 S. Military Trail, based upon positive findings to LDR Section 4.6.7(F)(2)(b) with the following conditions: Market Place at Delray Master Sign Program, SPRAB Meeting March 23, 2016 Page 3 of 3 1. Reduce the "corporate" logo to 30" high 2. Reduce channel letters to 21" high 3. Reduce the amount of sign colors to two Report Prepared by: Jennifer Buce, Assistant Planner Attachments: Sign Design Site Plan Consent letter Trade Mark Papers Current Master Sign Program RED 2 2 2016 Clty - BClach -EkM!P-9-&Zonina vice %IMMAP -2-431- -ARP --lety -F, 7— FirmNcr I t.99.r A- V -PMI 2 -Mu lm.9mmrccsm. 'M "CC,4 . U_ %=ZA -W-.nAmm J =At". 'vAnLr "R. HOiCIH [iGR9C3CA11N P@! 0 SP GP 11O LU 0 Ix a- ru Lul 6 se 10 W LL- < Oil 0 17'-1" Scale: 1/4" = 1'-0" Square footage: 41.28 16.00 +42.64 99.92 NTS '`°.,,.,. COLORS SHOWN ON DRAWING ARE FOR PRESENTATION PURPOSES. ALL COLORS MUST BE CONFIRMED AND INITIALED BY PROJECT MANAGER BEFORE PAINTING. 17-7 3/4" On (97 1Cu O NTS Scale:1/8" = 1'- 0" CLIENT APPROVAL Brighton Beach Bagel Revisions: 12/0715 SALES REP: SHARI Drawn by: Carlos ` 14587 S. Military Tr. Delray Beach, FL INTERNALLY ILLUMINATED PLEX FACE CHANNEL LETTERS AND LOGO 45 7 Y Y DATE: 11/19/2015 Page: i r- -, r•• •d -• •- -•--> — 1-1111u-- -- w&— "'., --- , , — uuN , u =u, ,,, -11 t vI „I f— y 11.1 unuone w UUWFr , wicnout cne wnaen consent oT the cuent. Kejerence copy nst Tor copy/graphic specific to each sign location. Contractor shall verify all conditions on site and notify any variation from what is shown on the drawings before proceeding with fabrication. Letter color: Yellow and Blue Returns: Yellow Trimcap: Yellow. YELLOW Letter depth: 5 Letter style: Logotype LEDs: White Allowed sq. ft.: 103.0 BLUE Proposed sq. ft.: 99.92 NTS '`°.,,.,. COLORS SHOWN ON DRAWING ARE FOR PRESENTATION PURPOSES. ALL COLORS MUST BE CONFIRMED AND INITIALED BY PROJECT MANAGER BEFORE PAINTING. 17-7 3/4" On (97 1Cu O NTS Scale:1/8" = 1'- 0" CLIENT APPROVAL Brighton Beach Bagel Revisions: 12/0715 SALES REP: SHARI Drawn by: Carlos ` 14587 S. Military Tr. Delray Beach, FL INTERNALLY ILLUMINATED PLEX FACE CHANNEL LETTERS AND LOGO 45 7 Y Y DATE: 11/19/2015 Page: i r- -, r•• •d -• •- -•--> — 1-1111u-- -- w&— "'., --- , , — uuN , u =u, ,,, -11 t vI „I f— y 11.1 unuone w UUWFr , wicnout cne wnaen consent oT the cuent. Kejerence copy nst Tor copy/graphic specific to each sign location. Contractor shall verify all conditions on site and notify any variation from what is shown on the drawings before proceeding with fabrication. Planning & Zoning Departm en t BOARD ACTION REPORT —APPEALABLE ITEM Project Dame: Brighton Beach Bagel & Bakery Project Location: 14587 S. Military Trail Request: Approval of architectural elevation changes associated with a Class I Site Plan Modification which involves minor renovations including the painting of the building and the replacement of the awning. Board: SPRAB Meeting Date: March 23, 2016 Board Action: Approved 6 to 0 (Jose Aguila absent) a Class I Site Plan Modification for Architectural Elevation changes. Project Description The subject property is located at the northwest corner of Military Trail and Atlantic Avenue. The property consists of approximately 240,789 square feet of retail space and is located on 30.27 acres zoned Planned Commercial (PC) with eight outparcel buildings. The subject property is known as the "Marketplace at Delray". The development proposal before the Board involves minor renovations which include the painting of the building and the replacement of the awning. Repainting of the facade in Trusty Tan and the cornice white is proposed. The maroon awning will be removed and replaced with an eggshell finish and green accent stripes along the storefront. The fabric awning will be cantilevered and project eight (8') feet from the face of the structure and is 51' wide, while maintaining a clearance height of T10". Staff expressed concerns as there are only a few existing awnings with the consistent color of maroon. Additionally, the applicant has applied for signage that includes a full color logo and three primary colors (red, blue, and yellow). The introduction of two awning colors and the potential of three wall sign colors may adversely affect the surrounding areas, and board discretion was recommended. Board comments: The board recommended approval 6 to 0 for the Class I Site Plan Modification for the Architectural Elevation changes. Public Comments There were no public comments. Associated Actions: There were no associated actions. Appealable Item Report Next Action: There are no next actions. Attachments: • SPRAB Report • Site Plan • Survey • Awning Description F, fJfIAAV BEi1L.N aff•Amttieagry �Oci1 Applicant: Brighton Beach Bagel & Bakery, LLC. Project Name: Brighton Beach Bagel & Bakery, LLC. Project Location: 14587 S. Military Trail E IPKBf,R bft AlFamericaid 1493 >C4>1 The item before the Board is approval of architectural elevation changes associated with a Class I site plan modification for Brighton Beach Bagel & Bakery, LLC., pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(a). The subject property is located at the northwest corner of Military Trail and Atlantic Avenue. The subject property is located at the northwest corner of Military Trail and Atlantic Avenue and is known as the "Marketplace at Delray". The property consists of approximately 240,789 square feet of retail space and is located on 30.27 acres with eight outparcel buildings and is zoned Planned Commercial (PC). The applicant is moving into a 4,004 square foot vacant tenant space. The development proposal before the Board involves minor renovations which includes the painting of the building and the replacement of the awning. The subject property is also before the board for an amendment to the Master Sign Program for the use of their corporate colors and increase in the height of their flat wall sign. LDR Section 4.6.18(E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB) in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1) The plan or the proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Meeting Date: March 23, 2016 SPRAB Staff Report Brighton Bagel & Bakery — Class I Site Plan Modification Page 2 The proposed architectural elevation changes include the repainting of the fagade in Trusty Tan and the cornice white. The maroon awning will be removed and replaced with an eggshell finish and green accent stripes along the storefront (west elevation). The fabric awning will be cantilevered and project eight (8') feet from the face of the structure and is 51' wide, while maintaining a clearance height of 7'10". The awning will offer shade for the storefront and will not adversely affect the surrounding area or materially depreciate the neighboring areas. Throughout the plaza there are only a few existing awnings with the consistent color of maroon. The awnings are located at the Dollar Tree, Bealls Outlet and the subject property. The Anchor tenant Winn Dixie does have a tin shed awning over their liquor store that is a shade of green. Additionally, the applicant has applied for signage that includes a full color logo and three primary colors in their sign (red, blue, and yellow). The introduction of two awning colors and the potential of three wall sign colors may adversely affect the surrounding areas. Based on the above, staff is recommending board discretion to make positive findings with respect to LDR Section 4.6.18(E). A. Board Discretion B. Move approval of the request for a Class I site plan modification for elevation changes for Brighton Beach Bagel & Bakery located at 14587 S. Military Trail, 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 4.6.18(E) of the Land Development Regulations. C. Move denial of the request for a Class I site plan modification, for elevation changes for Brighton Bagel & Bakery located at 14587 S. Military Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Board Discretion Prepared by: Jennifer Buce, Assistant Planner Attachment: • Survey ■ Site Plan • Awning Description ■ Site location map ■ photos ■ ■■ ... ... ... ■■■■■■■\ ��, �_ 1111111111111111111111111 II1111111111111. 1111111 ■I � NJ ���� ■■■■■■■■I " - ■■■■■■■■I �' ■ ■ . m■■■mmol �■■moons, ���1 ■n■■■■■■I � �■�III��iii■■I■il t 5� law, -,� ■ �, . , � � 11111111 J I ESTA �- _ -- = ==w � ■IIIIIIIIIIIIIIIII■ _fit ., - � �- :,_ _ _�l�nl��nnll .:1111111111111111= n �.►, 11111 Illlllllllllll��lllilllllllllll�l�'�! --- � �� �I��� 111111111111111111111111111111111111111� ;___. � r► 1111111111111111111111111111111111111111;==_ � //IIII��IIII���I 11111111111111111111111111111111111111111' 1111111 � � �I� �1 ■11111111111111111:Illllllllllllllllllllli�•� ": • SUBJECT PROPERTY MARKETPLACE AT D E L RAY • ""` PLANNING AND ZONING DEPARTMENT LOCATION MAP 02-14-2016 -S qp-hen Griss Associates: Lill I-vul"PI-lu tiaIml VIT SERVICE Y/ 42 4Z SERVICE ENTRY/EXT 01 72 45 43 ® ,/'��:-� EQUIPMENT SCHEDULE EP. SPRINKLE — � Item -Rem. 1k. t North P.D.s. OFFICE ® -- /� No 2 Equipment Category Remarks 1 2 Griddle. faa 2 1 Refrigerated Equipment Stored O O 33 00 O CATERING 4 UNISEX t / 21 1 Refigerotcd Equipment Stored / 1 Br lc, Ur -Fire nded/Gas � a sfi 1e ST RM. E 3 REST RIA er_ 4 2 Fryer, Doop Pot, Co. O O — — HALL 5 3 Slicer. Feod O OSHK e 6 1 Freezer, Und—niter w 8Z Si6 SAVI� 7 1 Rong4 Rastwrant, Co. SIM t49..� 4O 46 / -M 6 1 St.*Pd ro COOLER Oven. g. a9 FDS a7 aW 9 1 Wen. ComecSon Gm ^ 6 60I! 10 1 RefrT9v tar, Sond�rich/Sobd Prep c � `1. O O �$ 11 1 Tobk. Work 12 1 Sloonwr f� v ®® ASO 13 1 Rd'rigerator, Sonddch/Sobel Prep O] 1. ^�e g§'C ®® 5, DINING AREA 15 t Hood P.pioy t� r r k$$g- -W �r. /6 1 Hood System See Shop Drowirge Y c o 59 Nam TROUQi O TOTAL SEATING = 111 17 1 Cabinet. Dish V ` ti 4"Is SEATING AREA = 1,400t SF _ 39 ®® 94 BAGEL 63 64 67 65 19 Wrest, Dlseh all Mwld (�ry X eek ®®® FACTORY ICE DW. FRDIEN 5EY SOMA Mme, „/ i I 20 1 Bock Bar C—I.r y_ 66 XE IFA ICE aSE RA16R ABOVE 20.1 1 Bock ser Coaly L ®®® O 58 ROT We- ON 22 t Toaster. Gonv.yor Mounted On wan a n m FD I /��\ 22 t Tao.ter. Conveyor Mounded on Ovenhelf Cj n < +e> O HOW 51 AKAR D7. `CY C� . � . jy/� 25 1 Sink. Drop -In �. m $ M El ABOVE �C.4r II 26 1 Bogol Cuttor Y Y� k" 57 62 LIQUID D6P. G-�i"�i-i 6 b'G-a 6v I'11I 29 2 Oran Mm_.- M ... led on Orenh.K g Sill, 52 I I 30 1 Double Wershdf V! =G av �88 31 1 Fikr, Kettk t Pot FREEZER 5" CWFEE 32 1 Slicer, Bead 33 1 Rack, Con OI 34 1 Tabb. Work 36.1 1 Shelf, Wall Mounk 4-f0 34.2 1 Shell, Well Mount 39 1 W.lk-In Cool— & Freezer See Shop Or N. FD S I� I I 40 1 Refdgerolar. Reach -In 56 54 ; I 41 1 Tabk, Work Shelf, Well Fount 41.2 1 Shen, Well Mount 42 _L Sink Drop -In I'I WEL 911D57 _ C:�@-9" @l .Q-9. 4.2.1 1 Fouc.l. Deck Mount SINK t 1 RAIX 18 SAN I I U 1 Miaar, Floor u, I I "r�i�'Ga � Ga Gam.' Gy I 441 1 Tobk, Work OKITCHEN DOW I I 44.1 , SheH, Wan Mount It o f I �j I I I s 46.2 1 She real) Mount Imo' OI rr O I 9JFiTT ABOVE 1' F g 22 I 7a I I as 1 Dough lo, Ser troighl r/aaand � I n I I Lon PARTITION 46 1 Oicl S 31aR 67 1 We—rtwasher, poor Type,aw ltemp O W 29 I I 49 1 Sink, Scullery, 3 Compme ortnts i 3 Z 26 P.D. I I �a 6a 72I P.D I I ® I I - O�% I I E74ROIiCA I 1r,�4,�'WA�,p I I Q 49.1 1 Pro -Mine Fbucet Wall Mound - P.O.SI Cm T-6' I 49.2 Shelf, Wall Mount 2 ADJACENT SUITE Y z2 zo I D�@ I I I ADJACENT SUITE 49.3 72 Shelf, Well Mount 1NINN DIXIE O 73 �aFFr 5D 1 Hood 8• Fla. Outlet MERCANTILE USE - M U 10 1 17 14aDVE P.0s i i �,� 7& ) j i BEALLS OUTLET MERCANTILE USE - M 51 1 Ketlte Oi 30 25 I I rye �� -�- 52 1 Bogd Divider - Former Cord d: Rug provided by El,dddon 29 o.s. 32 I HN1D P.o.sl '��I11 FAT -IN ORDERS I�/ 53 1 Toole. Bakers, Flat 21 I I 9KK 14Jf I I '( 54 1 M6 r, Spiro) Cord E Rug provided by El.ctridan J ® 000 I er 56 1 Water Chill 18 NAfO /y I I I 57 2 Faucet. Pat FVm, Wall Mount 13 I Isp« ORDER v�/UNMR / /�% 58 1 Troy Wen 8' Flu. OuU t MTI I 581 t Trw91, P.O.6. // ABOVE SEATYUGI 59 1 Proof Box Cd 60 2 COW.o Maks, / tomotie 71 re, T 71 71 "TARE -OUT ORDERS 8 DINING SEATING 111 61 t Su D' m n a // BAI�AY 0 gar oPensar J r —_— — — — _ —— —_ _ VE RA)E 7-!f I Q 62 2 Dip Di.-_ - — — — — LAY CASES EAI, GOODS SOFFIT ABOVE 63 1 Dicyensa, Ica I 64 2 Ice Coaee 7 _ OCCLI]A14CY 65 1 Ix Maker e/a lin T'tt m W 66 1 Iced TeeBrener Iva6 4 I INDOOR 67 2 Dispenser, Fromm Beremge - &A® NT DINING SEATING 111 68 1 Dispenser, Hol Pond—d Drink m o to 0 IGIL Tt GO CASES - I )TUFA ARE#440 SF/5-15e 70 2 Duplay Goa.. FW69oratod .� 7 EkPLOTFEs 20 71 3 Non-Relrgerakd Service C. -ii CY< 100 ii Gy O IRA41 100 TOTAL OCCUPANCY 219 74 1 Jukar �{E�,� w HIGH- -TOP COUNTERCOUNTERCONTMID? SEAT C011 75 1 Ix Cream Freezer W/ ❑ I�'I ® — — 80 3 C.4--R.—t%/lir-CoolShopeO Sae Sp !)tonings to Dorm m �_ ILJi 82 1 Ewporotar Con, Cocler See Shop Dronings to Confirm Ld 83 t Eyopoato, Col Freezer See Shop Drawing. to C..6— 0 CE EXT 84 1 Evaporator Cal, Cooler See Shop Drawing. to r -,M m �+ m 100 3 Trash Co. .� C PROVIDE SIGN CIIiTER@ ABOVE DOOR STATING: I F Z ADJACENT SUITE I MAN WIRY MAXIMUM OCCUPANCY 131 I St 16 Rock, Pon _al m o EXT DOOR I B-100 145M I 8-110 14587 I 52 1 Shelving, Yfire L 53 1 5h.IWN, Kra Lot m L3— S5 1 Sh MW . Wire Lot S6 1 Shelving, Wire 56'-Y I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — FURNITURE PROPOSED CJO-N6TA�DtND�STARAMNOW AS Ra1Ovm attloa+ BATING TaM sc t wAms T EQUIPMENT PLAN a Q Y-0' Stephen L Grlss, AIA, NCARB FL License i AROO74213 ADJACENT SUITE ONN DIXIE MERCANTILE USE - M ADJACENT All OUT DDDR Partial Floor Plan 51-0' (V-I.F.) East Elevation 5CALE 1/4' = 1• -Ur PARAPET +24' -Wt Section SCALE: 1/4C = 1• -Cr 6_ PARAPET to .20'5.1 Stephen L Cress, AIA, NCARB FL LJ-- f AROM4213 North 777 y i m Eg��q N w p$Ltj m U� z I z 3 a Y FF U A a W O N L CO S a W 4 Z m ¢ Q L _J 0- a O� NF - m W u- �� WQy I F F- F- 03 -m ¢ W IL F- X aW a 0 Planning & Zoning Department BOARD ACTION REPORT —APPEALABLE ITEM Project Name: Banyan Restaurant Project Location: 189 NE 2nd Avenue Request: Architectural Elevation changes Board: Site Plan Review and Appearance Board Meeting Date: March 23, 2016 Board Action: Approved 4-2. Project Description -noting staff concerns: The property is 0.30 acres, zoned Central Business District (CBD), and is located south of the southeast corner of Pineapple Grove Way and NE 2nd Street, within the Pineapple Grove Main Street Redevelopment Area. The proposed architectural elevation changes involve the replacement of storefront windows with a new, folding glass window. Existing entrance door will also be removed and replaced with enlarged, new folding glass Nano Doors. Board comments: The Board approved the proposal with no conditions. Public input — noting comments and concerns: No public input Associated Actions: No actions Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- RECOMMENDATION: APPROVAL MEETING March 23, 2016 DATE: ITEM: Banyan Restaurant (210 NE 2nd St.): Class I Site Plan Modification associated with architectural elevation changes to the subject property. GENERAL DATA: Agent ................................... New World Restaurant Group Location .................................. Southeast corner on NE 2nd Ave. and NE 2nd St.. Property Size .......................... 0.29 acres Existing FLUM......................... GC (General Commercial) Current Zoning ........................ Central Business District (CBD) Adjacent Zoning ............ North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ................... Restaurant 3 a 011ie NE 3rd St Q' IT I W I - Z • � II I II I I� It/ Q_.... Q NE 2nd St N - LU �W Z' P I •� r I , I I N r� E Atlantic Ave A& NORTH DELRAY BEACH 1III�JI 1993 2001 SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDUM STAFF REPORT Applicant: New World Restaurant Group Project Name: Banyan Restaurant Project Location: 189 NE 2nd Avenue ITEM BEFORE THE BOARD DELRAY BEACH baftoll All-kWeaCKy 1993 2001 The action before the Board is consideration of a Class I Site Plan Modification request for Banyan Restaurant, located at 189 NE 2nd Avenue, associated with architectural elevations changes, pursuant to LDR Section 2.4.5(F). BACKGROUND The subject property consists of Lot 1 and a portion of Lot 2, Block 83, Town of Delray, and is 0.30 acres. The property is zoned Central Business District (CBD), and is located south of the southeast corner of Pineapple Grove Way and NE 2nd Street, within the Pineapple Grove Main Street Redevelopment Area. The most recent land use action that relates to the proposal is as follows: At its meeting of January 23, 2002, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification associated with the conversion of the existing 1,060 square foot retail bay at the center of the complex to a restaurant and the establishment of a 365 square foot outdoor dining area along the west side (front) of the subject bay, adjacent to Pineapple Grove Way for the previous tenant Cafe Veri Amici. A Class I Site Plan Modification has been submitted for architectural elevation changes to the storefront, and is now before the Board for action. PROJECT DESCRIPTION The development proposal consists of the following: • Replace storefront window with folding window. • Replace entrance door with Nano doors. ARCHITECTURAL ELEVATION ANALYSIS LDR Section 4.6.18(E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB) in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. SPRAB Staff Report: Meeting date March 23, 2016 Banyan Restaurant — Class I Site Plan Modification Page 2 (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed architectural elevation changes involve the replacement of storefront windows with new, folding glass window. Existing entrance door will also be removed and replaced with enlarged, new folding glass Nano Doors. The proposed door will have a width of 15' 6" and new proposed folding window will have a width of 9'4". The proposed storefront changes will extend up to the face of eyebrow with a height of 7' 8".The existing windows and door height does not meet the minimum LDR requirement (Section 4.4.13(1) of 8 feet. Due to the composition of the existing structure, the proposed changes will maintain the existing door and window height, in an effort to maintain the legally non -conforming status. The introduction of the architectural changes will not adversely affect the surrounding area and will not materially depreciate the neighboring areas. Based on the above, positive findings can be made with respect to LDR Section 4.6.18(E). ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for a Class I site plan modification for elevation changes for Banyan Restaurant by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. C. Move denial of the request for a Class I site plan modification, for elevation changes for Banyan Restaurant by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 4.6.18(E) of the Land Development Regulations. RECOMMENDATION Move approval of the request for a Class I site plan modification for elevation changes for Banyan Restaurant by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Prepared by: Michael Vinci, Planner Attachments: Site Plan, Architectural Elevations WE 91M11.9 I g%lw WE LEVEL 11 BANYAN 189 N.E. Delray DMWING NST A-1 , 64618 FImarP4NPlgea Doa ....,.,,,.,..,...,... 12.21.15 A2, e4dhg FrxrPlm VtDem P1dn...............,.,.,. 12.21.15 A3, Ropmd Root PI.N Wdlrg Plan ...... 12-21-16 A-. RmpC­SEgllprceri P1. $a" Pkn............ 1221.1b P-1. Rcpel.tl FMnlIJnOPht.....,,.,........_.......... 1221.15 H.Plopdetl pmS,PAM.....,,...,,....,......,...... 1221-16 E2. Rmpmedu2Flhe Plan,........•...................... 1221-1a AppOcable Codes 1. RGMa eAdRe Outl.2014 (ath lm) 2. PaAtlo MPleveleonGdsAhEAbn2312 a. NFPA 1 a 1011a.ad.6 code FSYWQ=mXm enrols 4. chaplerll ikMoAoae rb t, Code for 2iidn2�+IFiN JlmnhFloAde WSOV Cod. 2014 Edfbn OCCIIPANC1': Ae TMEOFCONKRUMION: Y9 N0, OFSroR6a t NMF spid4.d Bullding Areas: Mchon 3760 IndWdhnk+R 15ab mr 231.0 R.Ammr,VGm, 26&0 G—A.. 1.012 Odmoa dWg 67610 bAA: I. eo4o nd 4peed Ifi a0 qrt i WhdMroalmce Fmcla 1.0 3. Ca1.0" 2 4. wind EW. -0 s. 1i _l Ae.luelxemoem see 0w ftn e, iredfp dell2n Enobmd +r. mi a Scope of work: LEN&MAUSIAPONTO DOSING RESTAURANT. CON= OF NEW ADA REc1ROOF4, NHS64n IBE98WINE) NEW FOLDING GWS DOORS. .. .II¢2EP'31- •n :4151.' jIN:2Mri1, '* LOCATION MAP: ALTERATION RESTAURANT 2nd Avenue Beach, FL Notes: use 1, There is no oddtHond square footage added. S,FJOCC, 2. M Interior flnlshea by owner, hdou U.5%; 3. Equlpment4upWAnstal by others. 140- 13 ot4dooralalh0 Numbs of Falb IS.Qc . - ---I - — I Number of: EiEked Number of E26s pn7Nded A-2 2 2 211E.d Tolef Room Coloulaffana 12 Irequretl l Nblaf doletf=119 PSi for LYe under FBC PMrftVTode 4041 606 &F. 1Im IN ROAde 3 aepcue Mens aMwamem Pes11am111 145t 1 wC a t I... -.h 6 amol Class6balon NtlndsSee LaWlollea Oooupan�y SecMon 419,2) Sp1ks RB° M21ol Femde Male Fend 411QU Restqugm Pr2 1 1 1 1 No Total Occupgniwf 6a per ADA yia kja A" Per: 470.3 PDA Pncess Note: oa arlCei U n qll elopes loco g up omplpGgnoplltl ADA, tVertty o entry ommpN• NWA 4494mr A2 Phl+n EarMdub r..mlkn 101.13.3.3.6 m A41 fbae N ib4lnnsdc Si C Wein 2r_. : 4v.A rr rw 1plom� ROCMMd .Chu A. 0, or Gllrq; RegWAd Chu yp.m Brlplexe 1Tp4dM: .Cs Gypwm CBout. km A61Yp n. CIO. Occupant toad use SIF, S,FJOCC, Load hdou U.5%; 161111F. 140- 13 ot4dooralalh0 We 1i. IS.Qc . 39 BVS.dkm 211E.d 24 EF7T 12 R hwV1u 606 &F. 20glO 3 idd Omlpml Lmmd 67 BMW AIC UNh for 3 Bcy. 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[AYSL•3fEL/BlSARlNG/ `r ' Y - vl Map Nv. j'Z5102 GGT040 y CI CI I hereby oertity 1hW the sketch Of E000dery Survey shown hemon eels;h V.I"talsh, ndassl lvnhInCn t 6iG17.6,MapDete:IomNimumaP ernodae a i>uefoe pus m sxceon 72Dz7/,FDaaM3Le1/ ob Na ! - 97- cf, �s bUn'eyet seat 787-789 N_E_ 2ND AVENUE (Sb•Rf1V1 Nary A e ��y P Ls ReYhed: P L:ILr f!AY.A ;•`LA',;J�Tb 7ku13EecN �^VUT{ 3t Vi t7 0.15. El. Ze. 35 L :/ i Planning & Zonmg Departm en t BOARD ACTION REPORT — APPEALABLE ITEM Project Name: Delray Square II Project Location: 14530 S. Military Trail Request: Architectural Elevation changes Board: Site Plan Review and Appearance Board Meeting Date: March 23, 2016 Board Action: Approved 5-0. Project Description -noting staff concerns: The subject site consists of 18.81 acres and is a retail shopping center containing 146,972 sq. ft. of leasable space. It represents the northernmost portion of an overall shopping center (Delray Square) that is situated on the northeast corner of Atlantic Avenue and Military Trail. The proposed development changes involve the updating of mall facades, which include the addition of two entry tower features and renovation of existing columns and roof. Introduction of new columns, awnings and wall details are being proposed on the south facade to update store frontage for future tenant. Walls will be painted in light beige, medium beige and white to match proposed renovations. Board comments: The Board approved the proposal with one condition: • That all reference to signage be removed from plans. Public input — noting comments and concerns: No public input Associated Actions: No actions Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- RECOMMENDATION: APPROVAL MEETING March 23, 2016 DATE: ITEM: Delray Square II (14530 Military Tr.): Class I Site Plan Modification associated with architectural elevation changes. GENERAL DATA: Agent ................................... Mark Weiner Location .................................. East side of S. Military Trail, 181 yards north of Atlantic Avenue. Property Size .......................... Existing FLUM......................... Current Zoning ........................ Adjacent Zoning ............ North: East: South: West: Existing Land Use ................... 15.13 acres GC (General Commercial) Planned Commercial (PC) General Commercial (General Commercial) Planned Commercial (PC) Planned Commercial (PC) Planned Commercial (PC) Shopping Center ■■ 11111111111111113rd Ct Do 1111111 III ■I■INW 2nd St ■ ■ Sol -Rd N ■ _ ■■■I ._7 ■■■I ■■■I MEN ■ ■■■■■ ■ ■ iruu011 •I��I��III��I ■1■ 111■ Applicant: Mark Weiner, AIA Project Name: Delray Square II Project Location: 14530 S. Military Trail The action before the Board is approval of a Class I Site Plan request for Delray Square II associated with architectural elevations changes, pursuant to LDR Section 2.4.5 fl. The subject site consists of 18.81 acres and is a retail shopping center containing 146,972 sq. ft. of leasable space. It represents the northernmost portion of an overall shopping center (Delray Square) that is situated on the northeast corner of Atlantic Avenue and Military Trail. The shopping center was constructed in phases. The construction of the first 33,028 sq. ft. building in the northeast corner of the site commenced in 1987. On April 15, 1997, a conditional use was approved by the City Commission to allow the establishment of a bowling center within 50,000 sq. ft. of the Delray Square II shopping center. A Class I site plan modification has been submitted for architectural elevation changes, and is now before the Board for action. The development proposal consists of the following: • Painting of the structure • Reroof • Addition of tower features/ stone columns • Windows and awnings LDR Section 4.6.18(E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB) in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. SPRAB Staff Report —March 23, 2016 Delray Square II — Class I Site Plan Modification Page 2 (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed architectural elevation change involves the addition of tower entry feature along the northwest and southwest corners along the west elevation. The existing columns will be covered with stone from the ground to the existing canopy. The existing covered Spanish tile canopy roof will be replaced with a copper colored standing seam metal roof. New stone columns will be introduced along the west elevation along with new raised parapets, matching the south elevation. The addition of the stone clad & stucco entry features and storefront doors will be introduced along the south facade for the proposed "Bealls" outlet space, as well as entry features for the existing "Planet Fitness", and for a future Jr. anchor tenant. Exterior white wall trim features will be added to south elevation along with new charcoal gray fabric awnings. West and south, and north elevation walls will be painted in light beige, medium beige and white. The presentation of the elevation changes should not adversely affect the surrounding area and should not materially depreciate the neighboring areas. Based on the above, positive findings could be made with respect to LDR Section 4.6.18(E). ........:........:.......:.....................:;.;:.;;:.;:.;;:.:.;:.;:.;:<.;;;:.;:.:.;:;.;:.; %T >: A. Continue with direction. B. Move approval of the request for a Class I site plan modification, and elevation changes for Delray Square II 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 4.6.18(E) of the Land Development Regulations. C. Move denial of the request for a Class I site plan modification, and elevation changes for Delray Square II by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Move approval of the request for the architectural elevation changes associated with a Class I site plan modification for Delray Square II, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to all signage information removed from the plan sets prior to certification. Prepared by: Michael Vinci, Planner Attachment: 0 Existing and proposed elevations _— _dL I 0PROPOSED COMPOSITE SOUTH ELEVATION -• - Tenant Signage I EZ S 0 j1�t Btu= ni ` I c r - rLAR11AL SOUTH ELEVATION PROPOSED FACADE MODIFICATIONS � 0 1 I 1 � �_I� ._.Mt r..1-avu +� �1PARTIAL SOUTH ELEVATION - EXISTING CONDITION OWE; , ELEVATION PROPOSED FACADE MODIFICATIONS TWEST EL.EVATION - EXISTING CONDITION S PARTIAL SOUTH ELEVATION PROPOSED FACADE MODIFICATIONS s'.,. ,,,6-.w w Z y4 l -'w c M CL Ci O y �PARTIALSOUTHELEVATION-EXISTNGCONDMON IDIVESTELEVATION PROPOSEDFACADEMOPIFICATIONS ------------ m a 1 lal _$S o C D WEST ELEVATION- EXISTING CONDITION FACADE MQDIFICArIQN .v oeo�eer 1�: Ac3.ot f#pCA -F "ll '.ION' E17FAPW 14OPM110W. rack wr�tr ME= P�PARTIAL SOUTH ELEVATION PROPOSED FACADE MODIFICATION5 MATERIAL SCHEDULE I056 1 1 1,80504 1 4 6 CATEGORY MARK I MATERIAL FIN15H COLOR MANUFACTURER* EXTEKIORWALLS - SHERWINWIL M5 1 FIELD 1 STUCCO PAINT �UGHTBEIGE - SW 7037 BALANCED n ACCENT 2 STUCCO PAINT MEDIUMINIGE SW G,37 BURLAP 'L 7 TRIM _ S METAL, EIFS PAINT WHITE - SW7006ALAMSTEK � STOREFRONT _ 4 ALUMINUM&GLASS ESP CLEAR ANODIZED WAINF�COf _ _ 6 CULTURED STONE COUNTRY LEDGESTONE CARAMEL - DOM WAIN5C0T 6 SPLIT FACE BLOCK NATURAL BEIGES CHAIRKAIL 7 PRECAST CONCRETE _ CANOPY 5 METAL JEW I HITS L SW7005ALAMSTEK 3 LIHTFIMRE 10 ALUMINUM ESP [DARK BRONZE & g 5 - 1 ROOF II STANDING 5EAM METAL 16ALVAWME COPPERCLAO C ...... A Nfjc RErPLANNI GDELI';AY SQUARE II rernre aA• �" "��°` ' ,d---_"--"-�;�;�� Delray Beach, Florida COLOR 5AMF LE BOARD Planning & Zoning Department BOARD ACTION REPORT — APPEALABLE ITEM Project Name: Cut 432 Project Location: 432 E. Atlantic Avenue Request: Architectural Elevation changes Board: Site Plan Review and Appearance Board Meeting Date: March 23, 2016 Board Action: Approved 5-1. Project Description -noting staff concerns: The Cut 432 Steakhouse and Wine Bar is located at 432 East Atlantic Avenue within a building containing several commercial uses consisting of retail, restaurant and services. The proposed architectural elevation change involves the installation of a new fabric awning with roof liner in white color to match existing adjacent structure to the east. Recently, Cut 432 leased the adjacent property to the west, formally Gigi's Jewelry, with the purpose of expanding Cut 432's outside dining area into this recently leased storefront. Board comments: The Board approved the proposal with conditions: • That a hold harmless agreement be executed and approved to extend the awning into the Atlantic Avenue right -of -wap before site plan certification • Reduce the projection of proposed awning to not extend beyond the existing adjacent structure Public input — noting comments and concerns: No public input Associated Actions: No actions Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- RECOMMENDATION: APPROVAL MEETING March 23, 2016 DATE: ITEM: Cut 432 (418 E. Atlantic Avenue): Class I Site Plan Modification associated with architectural elevation changes (Awning) to the adjacent property. GENERAL DATA: Agent ................................... Delray Awning Location .................................. South side of E. Atlantic Avenue, west of SE 51h Avenue. Property Size .......................... 0.55 acres Existing FLUM......................... GC (General Commercial) Current Zoning ........................ Central Business District (CBD) Adjacent Zoning ............ North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ................... Restaurant Applicant: Delray Awning Project Name: Cut 432 Project Location: 432 E. Atlantic Avenue The item before the Board is approval of architectural elevation changes associated with a Class I site plan modification for Cut 432, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(a). The subject property is located on the south side of East Atlantic Avenue just west of NE 5th Avenue. Rpl>r4(iiLl�:I:::>::>:>< The Cut 432 Steakhouse and Wine Bar is to be located at 432 East Atlantic Avenue within a building containing several commercial uses consisting of retail, restaurant and services. The building was constructed in 1955 and exists on a property that is 0.55 acres located within the Central Core CC) of the Central Business District (CBD) west of the southwest corner of East Atlantic Avenue and SE 5t Avenue. At its meeting of January 10, 2008, the Site Plan Review and Appearance Board (SPRAB) approved modifications to the storefront and the extension of the existing awning. Before the Board for consideration is a Class I Site Plan Modification associated with the installation of a storefront awning on the adjacent property. The development proposal consists of the following: • Expanding outside dining area by installing a white storefront awning on the adjacent LDR Section 4.6.18(E) — Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: The plan or the proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. SPRAB Report- March 23, 2016 Cut 432 - Class I Site Plan Modification Page 2 The proposed architectural elevation change involves the installation of a new fabric awning with roof liner in white color. Recently, Cut 432 leased the adjacent property to the west, formally Gigi's Jewelry, and has been using it as an administrative office with no public access. The proposed project consists of expanding Cut 432's outside dining area into this recently leased storefront. The awning will be cantilevered and project 11' feet from the building, while maintaining a height of 8'-6", with a 16" truss and a 19 feet width. The awing will be structurally supported by pipe supports attached on the upper fagade and sealed to the building. It is important to maintain uniformity in the use of the colors and dimensions for a single property. The proposed awning color (white) matches with the existing white structure on the Cut 432 building, and it extends outward lining up with the existing red awing above Cut 432. The introduction of a new awing will blend and be consistent with the existing awnings on Atlantic Avenue. The awing will not contain any signage, as it will be a uniform addition to the current outside dining area. The proposed awning encroaches into the public right-of-way. Pursuant to LDR Section 4.3.4, canopies, marquees and covered walkways may extend into the public right-of-way when approved by the Chief Building Official through approval of an applicable agreement with the City. This is listed as a condition of approval. In accord with Board instruction, we have included images of the proposed structure location. The proposed changes to the architectural elevations will not be compatible and harmonious with the surrounding properties. Based upon the above, positive findings can be made with regard to the criteria listed in LDR Section 4.6.18(E), subject to the following condition: 1. Right-of-way encroachment agreement be submitted to the City Report Prepared by: Michael Vinci, Planner Attachments: • Architectural Elevations • Awning Detail Fabric Awning Valance with Roof Liner Mark Gregory ES 12-0010501 COLORS Sign Specialist I White Fabric 561-716-4531 3regarymgl@aol.com iRTWORl(SROYINISPROPERTY OFNOCONCEPTS LLC UNARIN) iEDUSEORREPRODUCTIONIYILL b I sCAL NTS CUSTOMER: DM 1/20/16 LOCATION: CONTACT: EIEVLSED 2/9/16 PHONE IFAX: DRAwWGNO EMAIL: CUT 432 2 Approved By DATEPAGE TIONS,EMCTCOLORS OFPIE MATERIALS USED'W1KOTBECORRECTLY REPRESENTED, DUE 70VARM71ONSINPRINTER$&INKS, ti2 al For: cut 492 432 E.' Atlantic Delray Beach, F . . . . . . . . . . ... All 76 ij, AM r (r El&f' < F,ne jeu��h�y� Sbi►, r�r��POW T Skinixg Through �L L ja n Existing ro Awning _— .• rrxr. roa. r Addition New Patio Awn_`a"`' I O• 15450' i Big- Al `•' o — e.n,,,,,� `y re"r.Y 1 - r I Steaks I Existing i i m ' Awning i Cut 432 Lemongraso addition Cut 432 Restaurar gestaurant Z— -OftY COA(M ERCIAL BUIL OI NG cor q: cor .s i for s� M-0 / e X� I •� W 2 W d y � ENLARGED AWNING AREA OF SITE PLAN uuw f - arnae� w.r.- mvucrz —�•—•U�LI H4]AIry IKs nao zae x aswrrae ears Jw�d a nE �MA, R1'10• tor.tflCeprnrso nc �ryv,"iiii a`rze r�sr°.u.�r¢am�mlot� a:zn r iFiisiora� «ssr uuitl r:�rsw rtn znrr. ECE!W 3'Y � F. _ a City of Delray Beach Plan ina & Zonin ---f----LA§T 6LI-_A TlC Vf Addition New Patio Awni 0 15440, F77 Lemongrass, Restaurant —7— 'ORY COMMERCIAL BUiLDIAIG U L 0 T .4 Existing Awning �\ CONC. A 4Big. Al' Steam Cut 432 additionR Cut 432 Res�aura LOT 6 ca Z� O File #: 16-360, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: April 19, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 PURCHASE AWARD TO ALAN JAY FOR ONE (1) 2016 NISSAN FRONTIER, UTILIZING FLORIDA SHERIFF'S ASSOCIATION BID # 15-23-0904, IN AN AMOUNT NOT TO EXCEED $19,934.25. Recommended Action: Motion to award a purchase to Alan Jay for one (1) 2016 Nissan Frontier, utilizing Florida Sheriff's Association Bid # 15-23-0904, in an amount not to exceed $19.934.25. Background: Staff is requesting approval to purchase one (1) new 2016 Nissan Frontier. This vehicle will be used by Code Enforcement staff to perform daily patrolling of the City to enforce City rules and regulations. In the past year, four Code Officers were hired without vehicles. Code Enforcement currently relies on rotating vehicles between staff. This is done on a daily basis, depending on vacation time, sick call -ins, rotating schedules, and other factors of such nature, to enable staff to complete their field work. The Florida Sheriff's Association bid, as well as supporting documents, can be found at <http://www.flsheriffs.org/purchasing programs/cooperative-fleet/light-vehicles/>. Current 2016 Fiscal Year spending with this vendor is $56,754.00. This motion is in accordance with the Code of Ordinances, Chapter 36, Sections 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts" and 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year." City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 433-3711-534.64-20 MACHINERY/EQUIPMENT / SANITATION TRUCKS City of Delray Beach Page 1 of 1 Printed on 4/13/2016 powered by Legistar'"^ Purchasing Compliance Checklist 36.02 (A) Amount: 1$10,000 to under $25,000 (1) Competitive Bid Lowest Responsive Bid (2) RFP (2) RFP Selection Committee Recommendation (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.09 36.06 City Commision Approval: (3) Professional Service F -136.03(A) $25,000 and above 4 S i lit G d ❑✓ 36.03(B) Multiple acquisitions $25,000 and above ( ) pec a y o0 (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard ✓ (7) Other Government Contract Entity who awarded contract Florida Sheriffs Association (8) Cooperative / Letter certifying best price Contract Term of award: September 30, 2016 Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes() No Proposed Contract Term: Comments and Notes: Purchase award for Nissan Frontier. Effective Date: T P O-F/j/ , V\,/F - - - -FLEET SALES Octob®r 27, 201 f Attn: Keaviin Rlumell Flleiat Mainilorance '.9uperiintearadearat City of Delray Beach 100 NW I" Ave Delray Beach, AL 3121444 This letller is inateandead to confirm thal thea pricing of ted to the Clity of Delray Beach by Alan Jay Hleel Sales is the lowest price available to any municipality or gcavearnmear.t agency within the 9tAte of filorida. The pricaing is esatablishud in the Hlorida Shleriiff s Association Ccanlracts 15-23-05104 and 15-13-0904, Floriida Department of Manageamiant Searvicaes Coratracal, 3!110000(1-1!I-1, and National Joint Powers Alliancea Cor.tracl 1102811. Please fried freiea to contacat mei ifII caro answer any questiom or provide any additional informaticin. Thank you, C� Chris Wil: on Hleaeat Sa cis Manaaem 8621-402-4234 C h iis.W i Iscin Ca A]anJay.com (12130 US F1 WY 27 '�9OUTHI SEBRING RL 33870 Alan Jay Hleeat Saleas colleoativaely nepnesents: Alan Jay Cheavrcalet Cadillac, Ina., Alan Jay Heard IJincoln Meareury, Inc., Alan Jay Import Cernleui, ]Inc. Alan Jay Nissan, Ina., and Alan My Chrysleui Dodges Jleep RAM cafIWauctiula. AUAN JAY AUTC MC TIIVE NH`OW ORI4 H.0 . BC X 51100 SEBRIN G ALC RIDA 3121871 UIRDCT 863-402-47134 IRAN 863-40171-4221 Email, FILHHT@ALANJAY.CCM CHHVRIC UET • BUICK • G MC - CADIIILAC PORI] LINCOLN CHRYISIIERI • DCDICH • JEEP • RAM • TWACTA SCION NISSAN • KIA OWACOWIAOvi - - - -FLEET JY51�" Call Us first, for all of your Fleet Automotive, & Light Truck needs. Quote PHONE (800) ALANJAY (252-6529) DIRECT 863-402-4234 WWW.ALANJAY.COM 6587-2 Corporate Office 2003 U.S. 27 South Sebring, FL 33870 MOBILE 863-991-4693 Mailing I P.O. BOX 9200 I Sebring, FL 33871-9200 FAX 863-402-4221 Address REQUESTING AGENCY: ORIGINAL QUOTE DATE: CONTACT PERSON: PHONE NUMBER: QUICK QUOTE SHEET PAGE 1 of DELRAY BEACH, CITY OF 3/29/2016 REVISED QUOTE DATE: 3/31/2016 KEVIN RUN1ELL QUOTED BY Scott Wilson 561-243-7333 561-665-1115 FAX NUMBER: 561-272-5366 EMAIL RUMELL(o)MYDELRAYBEACH.COM FLORIDA SHERIFF'S ASSOCIATION BID #'s 15-23-0904 & 15-13-0904 www.fisheriffs.org MODEL: 31016 2016 NISSAN FRONTIER KC 2WD SPECIFICATION #: 41 PAGE #: 711 BASE DISTRICT PRICE: $16,787.00 BED LENGTH 1 6' BED `*All vehicles will be ordered white w/ darkest interior unless Clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION .QAK W EXTERIOR COLOR GLACIER WHITE W/ STEEL CLOTH INTERIOR ...................................................................................................................................................................................................... FACTORY OPTIONS CONTRACT OPTIONS DESCRIPTION SOB DEALER INSTALLED HD SPRAY ON BED LINER INCLUDING TAIL GATE .................................................................................................................................................................................................... 3K PROGRAMMED THIRD KEY BUADEALER INSTALLED BACK UP ALARM ATB -18 HD ALUMINUM TOOL BOX WITH 18" DEPTH .............................................................................................................................................................................................................................................................................. ......................................................... Temp.......................................... ......................................................... ......................................................... ......................................................... _TemporarY_Ta9....................................................................................................................................................................................................................................... .............................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................. ......................................................... ......................................................... ......................................................... PC575 - .............................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................. PLATINUM CARE 5 YEAR 75K MILE �$0 DED) EXTENDED WARRANTY _________________________________________ - - - ------ - --- -- CONTRACT OPTIONS TOTAL NON -IDENTIFIED CONTRACT OPTIONS DESCRIPTION NON -IDENTIFIED CONTRACT OPTIONS TOTAL TOTAL COST TRADE IN YES WE TAKE TRADE INS --- ASK ABOUT MUNICIPAL FINANCING --- TOTAL COST LESS TRADE IN(S): QTY 1 Comments: $0.00 ........................................................................ $0.00 ..........................$.5.7.9.,.0.0 .......................... $199.00. .......................... ..........................$179.:��.......................... $469.00 ........................................................................ $45.25 ........................................................................ ........................................................................ ___________$1,676.00 ---- ------------ $3,147.25 $0.00 $19,934.25 $0.00 _ $19,934.25 VEHICLE QUOTED BY: Scott Wilson FLEET SALES MANAGER scottmilson(d,)alanjay.com "I Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review if carefully. If there are any errors of changes, please feel free to contact me at any time. I am always happy to be of assistance. FSA-DELRAY BEACH, CITY OF -31016 6587-2.xlsm ANNOUNCEMENT 15-23-0904 Effective Dates: October 1, 2015 - September 30, 2016 POLICE RATED, ADMINISTR� IVE, TITILITY VEHICLES,f TRUCKS & VANS Participating Sheriffs Offices & Local Governmental Agencies of the State of Florida Coordinated By f Thef f Florid Sheriffs Aspogiation & Florida Association of Counties Bid Award Announcement (15-23-0904) FI-ORIDA ASSOCIA ION OF COUNTIES ------------ All About Florida w a Yt yf DATE: October 1, 2015 FLORIDA SHERIFFS ASSOCIATION P. O. Box 12519 • Tallahassee, FL 32317-2519 PHONE (850) 877-2165 • FAX (850) 878-8665 WEB SITE: www.flsheriffs.org TO: ALL PROSPECTIVE PARTICIPANTS FROM: Steve Casey Peggy Goff Executive Director Deputy Executive Director Drew Terpak Annette Grissom Business Operations Cooperative Bid Manager Coordinator RE: POLICE RATED, ADMINISTRATIVE, UTILITY VEHICLES, TRUCKS & VANS BID NO.: 15-23-0904 We are pleased to announce that the Florida Sheriffs Association and the Florida Association of Counties has successfully conducted its 23rd statewide competitive bid for vehicles which includes police rated, administrative, motorcycles, utility vehicles, trucks & vans. This contract is effective beginning October 1, 2015 through September 30, 2016, as long as vehicles are available through fleet. Bids will be extended and guaranteed to any and all units of local governments/ political subdivisions including but not limited to county, local county board of public instruction, municipalities and/or police agencies, other local public or public safety agencies or authorities within the State of Florida, and the state universities and colleges. In addition, bids will be extended and guaranteed to any other entities approved by manufacturers to participate in this contract. The participating agencies cannot guarantee any order other than those ordered through each individual agency. In order to ensure quality service for our user agencies, we are requesting each of you to notify the Florida Sheriffs Association regarding any problems encountered in working with the awarded dealers. Any issues, including but not limited to, receipt of confirmation of order, delivery problems and communication problems, should be reported to us by e-mail at FLEETgnsheriffs.org. This information will be considered in future bid awards in order to ensure that agencies are receiving the level of service required of dealers who wish to participate in this program. All interested parties who wish to purchase from this contract may do so by following these simple procedures: ORDERING INSTRUCTIONS Contact the awarded dealership listed in the zone from which you wish to purchase and advise them of your interest to purchase from Bid No. 15-23-0904. They will assist you with the placement of your order and answer any questions you may have regarding the Bid Award Announcement (15-23-0904) vehicles purchased through this program. You can only purchase from a dealer who is listed as a winner of one of the four zones for the vehicle you wish to purchase. However, you may purchase from any awarded dealer within any zone (additional delivery fees may apply). Agencies ordering a Ford, General Motors, Chrysler, or Toyota product, please be advised that you must use the appropriate FIN Code/ FAN Code for the Florida Sheriffs Association in order to obtain the manufacturer's concessions. Also, you must use your FIN Code/FAN Code as a secondary number. For further assistance call the Fleet Customer Information Center for your appropriate manufacturer. Manufacturer Type Code FSA Code Fleet Center Contact Numbers Ford FIN Code QE065 1 -800 -34 -FLEET (1-800-343-5338) General Motors FAN Code 917872 1 -800 -FLEET OP (1-800-353-3867) Chrysler FAN Code 48830 1 -800 -999 -FLEET (1-800-999-3533) Toyota FIN Code GE159 1-800-732-2798 2. YOU MUST send a copy of the original purchase order (including FSA's Contract No. 15-23-0904) submitted to the participating dealer electronically to: COOPO)Asheriffs.org 3 • Basic information required on all purchase orders is listed in this Bid Award Announcement. Purchase orders lacking the required basic information listed may result in the delay of placement and/or confirmation of orders. NOTE: The agency is responsible for obtaining a "Confirmation of Order" from the respective dealership. Dealers are required to complete a "Confirmation of Order" and send it to the purchaser within fourteen (14) calendar days after receipt of purchase order. Purchasers are encouraged to contact the dealer if a "Confirmation of Order" has not been received within a reasonable time. Purchasers are reminded that the issuance of a purchase order does not in itself guarantee the placement of an order. 4. All Cooperative Contracts include an administratrive fee of .0075 or three quarters of one percent. The base price and all add options are inclusive of the administrative fee. POLICE RATED, ADMINISTRATIVE, UTILITY VEHICLES, TRUCKS & VANS - Dealers ARE to include a three quarters of one percent (.0075) administrative fee in their base bid prices and their quotes and pricing for all additional equipment items (add options), excluding any state regulated fees including tags. The three quarters of one percent (.0075) will be incorporated into and made a part of the total invoice amount and shall not be treated or added as a separate line item. Fees are based on the total invoice cost of the new vehicle or equipment and excluding trade-ins. Trade-ins and other exchanges will not reduce or impact the fee calculation. No Other administrative fee(s) will be applicable to any transaction relative to the contract. 5. In order to ensure quality service for our user agencies, we are requesting that you notify the Florida Sheriffs Association regarding any problems encountered in working with the awarded dealers. Any issues, including but not limited to, receipt of confirmation of order, delivery problems and communication problems, should be reported to us by e-mail at FLEET@flsheriffs.org. This information will be considered in future bid awards in order to ensure that agencies are receiving the level of service required of dealers who wish to participate in this program. 6. Add/delete options might include a superscript listed by the Order Code. The purpose of the superscript is to identify which options correlate to a specific dealer. Superscripts will be a number between 1 and 4, and will correspond as follows: 1 = Western zone dealer 3 = Central zone dealer 2 = Northern zone dealer 4 = Southern zone dealer Bid Award Announcement (15-23-0904) If a dealer has been awarded more than one zone, they will only have one superscript number assigned, and it will be the lowest numerical number that applies to their awarded zones. For example, if a dealer is awarded the northern and southern zones, their add/delete options for both zones will be represented by a "2" superscript. Options are intended to add or delete equipment and/or features from the base vehicle specification, and to allow for an upgrade or downgrade to a manufacturer's model with a slightly different engine size or horsepower, and as such, will not be made available for purchase separate from the base vehicle. IMPORTANT NOTE: The manufacturers produce limited quantities of certain vehicles and orders are processed on a first come first serve basis and limited by the manufacturing plants capacity during any given model year. We are advising all agencies to place their orders for police rated vehicles as soon as possible to ensure delivery of product. Bid Award Announcement (15-23-0904) 4 LIGHTBARS TO BE INCLUDED IN FSA BID 15-23-0904 PREMIUM LIGHTBAR PACKAGE: FPLB-LED Federal Signal 44" All LED "IntegrityTM" Low Profile Lightbar. (Model INTG44) Multicolor functionality with full flood capability. Lightbar fully populated with 100% LED warning light coverage (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar features FSC patented SolarisTM optics and utilize patented ROCTM (Reliable Onboard Circuitry) Technology. All lightbars are equipped standard with Ultra Bright White LED flashing and/or steady burning Patented Solaris takedown and alley assemblies, as well as built-in SignalMasterTM functions and 5 -year warranty on LED components. Lightbar houses (22) LED positions. Package also includes a Federal Signal Platinum siren model SSP2000 and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model 750501 or Model ES 100 depending on the vehicle. Hotfoot Upgrade available on lightbars. Lightbars are available in red, blue, amber, and white or any combination of these colors. FPLB - LED Federal Signal 45" All LED LegendTM Lightbar (Model LGD45). The lightbar is fully populated with 100% LED warning light coverage (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Both lightbars feature FSC patented SolarisTM optics and utilize patented ROCTM (Reliable Onboard Circuitry) Technology. All lightbars are equipped standard with Ultra Bright White LED flashing and/or steady burning Patented Solaris takedown and alley assemblies, as well as built-in SignalMasterTM functions and 5 -year warranty on LED components. The lightbar is available with either clear or colored top domes, for lower profile or high -visibility. Package also includes a Federal Signal 100 -watt PA -640 Programmable, Full -Feature Light and Siren Controller (Model 640000), and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model 750501 or Model ES 100 depending on the vehicle). Hotfoot Upgrade available on Legend lightbars. Lightbars are available in red, blue, amber, and white or any combination of these colors. 2015 Original Lightbar Information Page 1 Bid Award Announcement (15-23-0904) 5 RPLB - LED Rontan Signals Maximum -Extreme Off Axis® 45" MigFoot Light Bar - Fully Populated (no gaps between the light heads) Internal LED Takedowns and Internal LED Alley lights, internal Directional Stick, front and rear cut off, multiple flash patterns, Dimmer Control night light intensity adjustments. Includes, Rontan Intelligent IS - 3000 -SDH® Siren Controller 100/200 watts, includes PA microphone, data transmission extension cable and faceplate, compact CS -11 Speaker with mounting bracket, 100W output power (meets class A, SAE J1849 and CE Standards). SPLB - LED Signal Laser (Model 7440 LEDP-FSA) Deluxe Marked Patrol LED Lightbar Package. 46"-6 Front Lineum Dual Color Heads with LED Flashing/ Takedown lights, (2) Alley lights with aluminum extruded tops and base. With 6 Dual color Linuem Head LED Traffic Advisor: LCS 790 Combination Light Controller/ Siren, D44 Speaker and Brackets. Lights may be red, blue amber or any combination. Specify color. All of our lights are made and assembled in the USA. SOPLB - LED 1 TIER SoundOff Signal Premium LED Lightbar Package - SoundOff Signal All LED 48" ENFLB-containing 16 Single Color LED modules CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. 5 -year warranty is included on ENFLB. Package also includes a SoundOff 100 -watt 400 series single tone siren (Siren Model number ETSA481 CSP) with integrated lighting controls and directional arrow switch to control rear arrow and 100 - watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS l 00N), please specify vehicle bracket needed. SOPLB - LED 2 TIER SoundOff Signal Premium LED Lightbar Package - SoundOff Signal All LED 48" ENFLB-Silver containing 16 Dual Color LED modules with 240 LED's (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. Bar can be ordered with any 2 colors in each module. 5 -year warranty is included on ENFLB. Package also includes a SoundOff 100 -watt 400 series single tone siren (Siren 2015 Original Lightbar Information Page 2 Bid Award Announcement (15-23-0904) 6 Model number ETSA481 CSP) with integrated lighting controls and directional arrow switch to control rear arrow and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS 100N), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. SOPLB - LED 3 TIER SoundOff Signal Premium LED Lightbar Package - SoundOff Signal All LED 48" ENFLB-Gold (Model ENFLB- GOLD) containing 16 Tri -Color LED modules with 336 LED's (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. Bar can be ordered with any 3 colors in each module. 5 -year warranty is included on ENFLB. Package also includes a SoundOff 100 -watt 400 series dual tone siren (Siren Model number ETSA481CSP) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS 100N), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. WPLB - LED 2 TIER Whelen Premium All LED Dual Lightbar, (Model F8FSA1) Fully loaded, 100% Solid State Electronics, Manufactured in America, Includes a Two Wire Controlled Traffic Advisor, (2) LED Flashing/ Takedown Lights, (2) LED Flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. WPLB - LED 1 TIER Whelen Premium All LED LFL Liberty Lightbar (Model S8FSA1), Fully loaded, 100% Solid State Electronics, Manufactured in America with 15 Led Modules, Two Wire Controlled Traffic Advisor, (2) LED Flashing/Takedown Lights, (2) LED Flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. C3PLBP-LED TIER1 Code3 Premium Tierl Package all LED Defender Lightbar (Mode1DF47A2)TricoreModules,(2)LED Flashing/ Takedown Lights, (2) LED flashing/Alley Lights, Auto Diming Photo Cell, Mounting Kit. Code3 Z3 Siren Light Controller, C3100U speaker with bracket. 5 Year Warranty. 2015 Original Lightbar Information Page 3 Bid Award Announcement (15-23-0904) 7 C3PLP-LED TIER2 Code3 Premium Tier2 Package all LED Defender Multicolor Lightbar (Mode1DF47A2MC), Tricore Modules, (2) LED Flashing/ Takedown Lights, capable of Front flood Lighting, (2) LED flashing/Alley Lights, Auto Diming Photo Cell, Mounting Kit. Code3 Z3 Siren Light Controller, Banshee low frequency Siren, (2) C3100U Speakers with bracket. 5 Year Warranty. MEDIUM LIGHTBAR PACKAGE: FMLB-LED Federal Signal 45" All LED LPXTM Lightbar (Model LPX45Z), The lightbar feature FSC patented SolarisTM optics and utilize patented ROCTM (Reliable Onboard Circuitry) Technology. All lightbars are equipped standard with Ultra Bright White Patented Solaris LED takedowns and alley lamps, as well as built-in SignalMasterTM functions and full 5 -year warranty. LPX lightbars are available with either clear or colored top domes, for lower profile or high - visibility. Package also includes a Federal Signal 100 -watt PA640 Programmable, Full -Feature Siren Unit, and 100 - watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model 750501 or Model ES 100 depending on the vehicles. Hotfoot upgrade available on LPX lightbars. Lightbars are available in red, blue, amber, white or any combination of these colors. RMLB - LED Rontan Winglux- Extreme off Axis-W.E.T® 47" MigFoot Light Bar, Fully Populated (no gaps between the light heads) Internal LED Takedowns and Internal LED Alley lights, internal Directional Stick, front and rear cut off, multiple flash patterns, Dimmer Control night light intensity adjustments. Includes, Rontan Intelligent IS - 21009 Siren Controller 100/200 watts, includes PA microphone, data transmission extension cable and faceplate, compact CS -11 Speaker with mounting bracket, 100W output power (meets class A, SAE J1849 and CE Standards). SMLB - LED Signal (Model 2476LED-FSA) Medium Marked Patrol LED Lightbar Package - 4 Single Color Corners, 6 Dual Color Takedown/ pursuits, 2 Dual color Alleys 6 Single color Rear; LCS770 100Watt Siren, D44- Speaker and Brackets, LED lights may be blue, red, amber or any combination - specify color. All of our lights are made and assembled in the USA. 2015 Original Lightbar Information Page 4 Bid Award Announcement (15-23-0904) 8 SOMLB - LED SoundOff Signal Medium LED Lightbar Package - SoundOff Signal All LED 48" EMG2000 48" Magnum LED Lightbar 10-16v (EMG2000) w/ Take Downs 8a Alleys, Standard Split option available - Clear lenses with Amber, Blue, Red or White LEDs - 6 LED inboards and 12 LED corners. Package also includes a SoundOff 100 -watt 400 series single tone siren (Siren Model number ETSA481CSP)) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow, and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS 100D), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. WMLB - LED Whelen Medium All LED Lightbar, (Model J8FSA1) Fully loaded 100% Solid State Electronics, Manufactured in America. Includes , (2) Flashing/ Takedown LED Light (2) Flashing/ Alley LED Lights, Mounting Kit, Epsilon Combination Siren/ Switch Controller, SA315P Siren Speaker and Mounting Bracket, SA315P Siren Speaker and Mounting Bracket. C3MLBP-LED Code3 Medium Lightbar Package, 21TR Plus (Model 21TR47MC) Manufactured in America Features Full Flood Takedown Torus Multicolor Light heads with Torus corner modules, Flashing Takedown and Alley LED Lights, Directional Arrow. Code3 Xcel Siren and Light Control, C3100U Speaker with bracket. 5 Year Warranty. ECONOMIC LIGHTBAR PACKAGE: FELB-LED Federal Signal 45" All LED LPX DiscreteTM Lightbar (Model LPX45D-00019) The lightbar features FSC patented SolarisTM optics and utilize patented ROCTM (Reliable Onboard Circuitry) Technology. All lightbars are equipped standard with Ultra Bright White Patented Solaris LED takedowns and alley lamps. This lightbar does not have built-in SignalMasterTM functions. The lightbar has a 5 - year warranty on LED components. LPX lightbars are available with either clear or colored top domes, for lower profile or high -visibility. Package also includes a Federal Signal 100 -watt PA640 Programmable, Full -Feature Siren Unit, and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model 750501 or Model ES 100 depending on the vehicles. Hotfoot upgrade 2015 Original Lightbar Information Page 5 Bid Award Announcement (15-23-0904) 9 available on LPX Discrete available in red, blue, amber, these colors. lightbars. Lightbars are white or any combination of RELB - LED Rontan LCL Maximum 45" MigFoot LightBar - Fully Populated (no gaps between the light heads) Internal LED Takedowns and Internal LED Alley lights, internal Directional Stick, front and rear cut off, multiple flash patterns, Dimmer Control night light intensity adjustments. Includes, Rontan Intelligent IS-3000-SDH9 Siren Controller 100/200 watts, PA microphone, data transmission extension cable and faceplate, compact CS - 11 Speaker with mounting bracket, 10OW output power (meets class A, SAE J1849 and CE Standards). SELB - LED Signal (Model 2461 LEDP-FSA) 46" all extruded aluminum LED bar with M -Tech Plus with scene lighting and with (2) center takedown lights either LED or Halogen, (2) alley lights, either LED or Halogen with Hi/Lo power select, front and rear shut off available LCS770- 100 Watt Siren, and new D44 speaker and brackets. LED lights may be blue, red, amber - specify color. All our lights are made and assembled in the USA. SOELB - LED SoundOff Signal Economy LED Lightbar Package - SoundOff Signal All LED 48" EMG2000 Magnum LED Lightbar 10-16v (EMG2000) w/ Take Downs 8v Alleys, Standard Split option available - Clear lenses with Amber, Blue, Red or White LEDs - 3 LED inboards and 6 LED corners Bar can be ordered with any color in each module. 5 -year warranty is included on EMG2000. 6 led corner for Warning and standard with LED takedowns and alleys (CONTAINS NO EMPTY HOLES OR MISSING DIODES). 5 year warranty Included on EMG2000. Package also includes a SoundOff 100 -watt 400 series siren (Siren Model number ETSA400csp) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow, and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS 100D), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. WELB - LED Whelen Economic All LED Lghtbar (Model Number F914G4), Fully loaded, 100% Solid State Electronics, Manufactured in America, with, (2) Flashing/ Takedown LED Lights, (2) Flashing/ Alley LED Lights, Mounting Kit, 2015 Original Lightbar Information Page 6 Bid Award Announcement (15-23-0904) 10 Epsilon Series Combination Light/ Siren Controller, SA315P Siren Speaker and Mounting Bracket. C3ELBP-LED Code3 Economic Lightbar Package 2 1T (Model 21TR47A4) Manufactured in America, All LED Torus Modules, Flashing Takedown and Alley LED lights, Code3 Mastercom Siren and Light Controller, C310OU Speaker with Bracket. 5 Year Warranty. PREMIUM UNMARKED PATROL PACKAGE: FPUMP - LED Federal Signal: Deluxe Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior all LED ILS system with Ultra Bright White Patented Solaris LED Takedown Lights and Built -In rear SignalMaster; Headlight Flasher; Four Corner LED lighting system; Combination Light Controller/ Siren; Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. RPUMP-LED Rontan Premium Unmarked Package - Consist of Front and Rear Full -Width interior LED System: Low profile front light Vizorlight-S®, built in directional light assembly, LED light heads (available in red, blue, white and amber), including LED Takedown option. Interior rear mount, ultra -slim profile Deck light -S® light assembly, multiple LED light heads, Directional Stick functionality. Quasar® Extreme Strobes and auxiliary lights system, 8 Quasar Dot® lights of any color combination (Red, blue, white and amber Includes, Rontan Intelligent IS -2200S9 Siren Controller 100/200 watts, PA microphone, data transmission extension cable and face plate, compact CS - 11 Speaker with mounting bracket, 10OW output power (meets class A, SAE J1849 and CE Standards). SPUMP - LED Signal: Deluxe Unmarked Patrol Package - ULB28 with Dual Color Lineum heads for the Front and ULB48 with Dual Color Lineum heads for Rear Full -Width Interior LED System with Takedown Lights; Headlight Flasher; 4 head spherical LDHF 311-4 corner LED undercover warning system. Choice of LCS770 Combination Light Controller/ Siren or LCS 880 Full Feature Handheld Light Controller/ Siren, Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. All of our lights are made and assembled in the USA. 2015 Original Lightbar Information Page 7 Bid Award Announcement (15-23-0904) 11 SOPUMP - LED SoundOff Signal: Deluxe Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System with LED TAKEDOWN lights (EPL8000WS for front, EPL8000R for rear); Headlight and Taillight Flashers; Four Corner LED Universal Undercover (ELUC2SOlOx); Package also includes a SoundOff 100 -watt Handheld siren (Siren Model number ETSA461 HPP) with integrated lighting controls and directional arrow switch to control optional rear arrow; Speaker and Bracket (ETSS 100N) - LED lights may be blue, red, amber or any combination - specify color. WPUMP - LED Whelen: Deluxe Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System (Eight 3 - LED Module) with LED Takedown Lights; Headlight Flasher; Four Corner LED System, Hand Held or one piece Combination Light Controller/ Siren; Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. Also available with eight 6 -LED Lamps for the Front Interior Lightbar. C3PUMP-LED TIER1 Code 3: Consists of Supervisor Flex (Specify Sedan or SUV Model) Passenger side only (3 Torus Multicolor light heads w/ full flood takedown capability) Manufactured in America, Rear Full Wingman Torus LED, Code 3 H2 Covert Siren and Light control, C310OU Speaker w/bracket. 5 Year Warranty. C3PUMP-LED TIER2 Code3: Deluxe Unmarked Patrol Package - Consist of Front Full Supervisor Flex (Specify Sedan or SUV model) (Multicolor Torus LEDs w/ full flood takedown capability) Manufactured in America, Rear Full Wingman Torus LED, Code3 H2 Covert Siren and Light Control, C310OU Speaker with Bracket. 5 Year Warranty HG2PUMP - LED HG2 Emergency Lighting: Premium Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System with LED Takedown Lights. Low Profile with no Driver Obstruction Custom Built For Any Vehicle; HG2 Side Runner Lights, HG2 Crossfire License Plate Front 8v Rear, Four Corner LED System, Hand Held or one piece Combination Light Controller/ Siren; Speaker and Bracket - LED lights may be blue, red, white, amber or any combination - specify color. All HG2 Emergency Lighting Products Made In Orlando,FL. 5 Year Warranty 2015 Original Lightbar Information Page 8 Bid Award Announcement (15-23-0904) 12 ECONOMIC UNMARKED PATROL PACKAGE: FEUMP - LED Federal Signal: Basic LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear Deck LED System (Minimum 2 Lights in Each Position); Headlight Flasher; Four Corner LED system; Basic (6) Switch Controller; Siren, Speaker and Bracket(s) - LED lights may be blue, red, amber or any combination - specify color. REUMP-LED Rontan Economic Unmarked Package - Consist of Front and Rear Full -Width Interior LED System: Squad Light -S® two modules, (available in red, blue, white and amber) with flash guard, interior rear mount, ultra -slim profile pair of Squad Light -SO two modules Quasar® Extreme Strobes and auxiliary lights system, 6 Quasar Dot® lights of any color combination (Red, blue, white and amber). Includes Rontan Intelligent IS -21009 Siren Controller 100 /200 watts, PA microphone, data transmission extension cable and faceplate, compact CS -11 Speaker with mounting bracket, 10OW output power (meets class A, SAE J1849 and CE Standards). SEUMP - LED Signal: Basic LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear Deck LED System (Minimum 2 Lights in Each Position) ULB9S single and RLKULB9S kit; Headlight Flasher; Four Corner Spherical LED hideaway system. SB4020 (6) Switch Controller; LCS770 100Watt Siren, Speaker and Brackets - LED lights may be blue, red, amber or any combination - specify color. All of our lights are made and assembled in the USA. SOEUMP - LED SoundOff Signal Basic LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear Deck LED System (Minimum 2 Lights in Each Position); Headlight and tail light flashers; Four Corner Universal Undercover LED system; ETSA385R 100W handheld remote Combination Light Controller/ Siren, Speaker and Bracket(s) - LED lights may be blue, red, amber or any combination - specify color. WEUMP - LED Whelen: Basic All LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear Deck LED System (Minimum 2 Lights in Each Position) LED lights may be blue, red, amber or any combination - please specify color; Headlight Flasher; Epsilon one piece Combination Light Controller/ Siren, Speaker and Bracket; 2015 Original Lightbar Information Page 9 Bid Award Announcement (15-23-0904) 13 Four Corner LED System, may be blue, red, amber, white or any combination - please specify color. C3EUMP-LED Code3: Basic Unmarked Patrol Package - Consist of Interior LED Dash Light, (2) Grille LED Lights and (2) LED Rear Deck Lights, 900 Series Headlight Flasher, Code3 H2 Covert Siren and Light Controller, C310OU Speaker with Bracket. 5 Year Warranty. HG2EUMP - LED HG2 Emergency Lighting: Economic Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System with LED Takedown Lights. Low Profile with no Driver Obstruction Custom Built For Any Vehicle; HG2 Side Runner Lights, Four Corner LED System, Hand Held or one piece Combination Light Controller/ Siren; Speaker and Bracket - LED lights may be blue, red, white, amber or any combination - specify color. All HG2 Emergency Lighting Products Made In Orlando,FL. 5 Year Warranty ADMINISTRATIVE VEHICLE PACKAGE FAVP Federal Signal: Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights (Minimum of 2); Headlight Flasher; Four Corner LED lighting system; Combination Light Controller/ Siren; Speaker and Bracket - LED lights may be blue, red, amber, or any combination - specify color. RAVP Rontan Administrative Vehicle Package - Consist of Front and Rear Full -Width Interior LED System: Squad Light -S® two modules, (available in red, blue, white and amber) with flash guard, interior rear mount, ultra -slim profile pair of Squad Light -SR two modules Quasar® Extreme Strobes and auxiliary lights system, 6 Quasar Dot® lights of any color combination (Red, blue, white and amber). Includes Rontan IS-1200US, PA microphone, data transmission extension cable and touch pad, compact CS -11 Speaker with mounting bracket, 100W output power (meets class A, SAE J 1849 and CE Standards). SAVP Signal: Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light-ULB9S Rear Deck or Headliner LED Lights (Minimum of 2) RLKULB9S; Headlight Flasher; Four Corner spherical LED system LDHF 311- Choice of LCS770 Combination Light Controller/ Siren or LCS 880 2015 Original Lightbar Information Page 10 Bid Award Announcement (15-23-0904) 14 Full Feature Handheld Light Controller/ Siren, D44 Speaker- and Bracket - LED lights may be blue, red, amber or any combination - specify color. All of our lights are made and assembled in the USA. SOAVP SoundOff Signal Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights (Minimum of 2); Headlight Flasher; Tail light flasher; Four Corner Universal Undercover LED system; Combination Light Controller/ Siren (ETSA380MF); Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. WAVP Whelen: Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights (Minimum of 2); Headlight Flasher; Four Corner LED System; Hand Held or 295SLSA6 One Piece Combination Light Controller/ Siren; Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. C3AVP Code3: Administrative Vehicle Package - Consist of Interior LED Dash Light, (2) LED Rear Deck Lights, 900 Series Head Light Flasher, Code3 H2 Covert Siren or 3920 Series Siren and Light Controller, C3100U Speaker with Bracket. 5 Year Warranty. HG2AVP HG2 Emergency Lighting: Administrative Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System with LED Takedown Lights. Low Profile with no Driver Obstruction Custom Built For Any Vehicle; Four Corner LED System, Hand Held or one piece Combination Light Controller/ Siren; Speaker and Bracket - LED lights may be blue, red, white, amber or any combination - specify color. All HG2 Emergency Lighting Products Made In Orlando,FL. 5 Year Warranty 2015 Original Lightbar Information Page 11 Bid Award Announcement (15-23-0904) 15 ALAN JAY FLEET SALES Alan Jay Chevrolet Buick GMC Cadillac Alan Jay Ford Lincoln Mercury, Inc. Alan Jay Chrysler Jeep Dodge of Wauchula Alan Jay Toyota Alan Jay Nissan Pricing Sheet for Emergency Vehicle Lighting Bid 15-23-0904 & 15-13-0904 (All items listed are dealer installed) Order Code Add Options Price Labor Hrs. Premium Lightbar Package: Federal Signal (Model LGD45) TIER 2 LGD45Z (Federal Signal) Legend lightbar, 45", Red or Blue with Takedowns, Alleys, Optional Clear or Color Lens as well as FPLB-LED-2 Optional Amber traffic advisor in lieu of Red or Blue LED's $ 1,748.00 8.0 Rear. (Specify configuration prior to placing order) 640000 (Federal Signal) PA640 Siren/Light Controller ES100 (Federal Signal) ES100 Watt Speaker ESB -UF (Federal Signal) Universal Speaker Bracket MISC Vehicle Specific Hook Mount SSP2000B Upgrade to Smart Siren Controller $ 345.00 1.0 Federal Signal (Model INTG44) TIER I INTEGRITY ... 44" Integrity Lightbar Package: Driver Red,Passenger Blue, Full FPLB-LED-1 Flood Front with Amber SigtlalMaster. Also includes, Hook $ 2,731.00 8.0 Mount Kit, SSP 2000B Platinum Smart Siren and ES 100 Speaker with Vehicle Specific Bracket. SoundOff Signal (Model ENFLB-SILVER) SoundOff Signal All LED 48" ENFLB-Silver (Model ENFLB-GOLD) containing 16 Dual Color LED modules with 240 LED's (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. Bar can be ordered with any SOPLB — LED DUAL 2 colors in each module. 5- year warranty is included on $ 2,349.00 8.0 ENFLB. Package also includes a SoundOff200-watt400 series dual tone siren (Siren Model number ETSA482CSP) with integrated lighting controls and directional arrow switch to control rear arrow and (2) 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSSIOOL), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. ETSA482RSP SoundOff Signal ETSA482RSP- upgrade, 200 watt dual tone $ 499.00 1.0 remote siren with lighting and arrow controls SoundOff Signal (Model ENFLB-GOLD) SoundOff Signal All LED 48" ENFLB-Gold (Model ENFLB-GOLD) containing 16 Tri -Color LED modules with 336 LED's (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. Bar can be ordered with any 3 colors in each module. 5- year warranty is included on SOPLB — LED TRI ENFLB. Package also includes a SoundOff 200 -watt 400 series $ 2,883.00 8.0 dual tone siren (Siren Model number ETSA482CSP) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS1 OOL), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. ETSA482RSP SoundOff Signal ETSA482RSP- upgrade, 200 watt dual tone $ 499.00 1.0 remote siren with lighting and arrow controls Whelen (Model F8FSAI) Whelen Premium All Led Lightbar DUO(Model LEGACY) LEGACY Lightbar with DUO Led WPLB — LED 2 TIER Modules, Two Wire Controlled Traffic Advisor, (2) LED $ 2,726.00 8.0 Flashing/Takedown Lights, (2) LED flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. Bid Award Announcement (15-23-0904) 16 Order Code Add Options Price Labor Hrs. HHS200 Substitute 295 Controller with HandHeld Combination Siren $ 25.00 0.0 Light Controller CENCOM Upgrade from 295 controller to CENCOM $ 329.00 1.0 Whelen (Model S8FSA1) Whelen Premium All Led Lightbar (Model S8FSA1) LFL Liberty Light bar with 15 Led Modules, 100% solid state electronics, manufactured in America, WPLB — LED 1 TIER Two Wire Controlled Traffic Advisor, (2) LED $ 2,049.00 8.0 Flashing/Takedown Lights, (2) LED Flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. (speaker subject to material surcharges) HHS200 Substitute 295 Controller with HandHeld Combination Siren $ 25.00 0.0 Light Controller LIBERTY DUO UPGRADE LIBERTY TO FULL DUO (SPECIFY COLORS) $ 735.00 0.0 CENCOM Upgrade from 295 controller to CENCOM $ 329.00 1.0 Medium Lightbar Package: Federal Signal (Model 1,PX45Z) LPX -45 (Federal Signal) Legend LPX Lightbar, 45", Red or Blue with Takedowns, Alleys, Optional Clear or Color Lens as well as Optional Amber traffic FMLB — LED advisor in lieu of Red or Blue LED's Rear. (Specify S 1,768.00 8.0 configuration prior to placing order) 640000 (Federal Signal) PA640 Siren/Light Controller ES 100 (Federal Signal) ES 100 Watt Speaker ESB -U (Federal Signal) Universal Speaker Bracket Vehicle Specific Hook Mount SSP2000B Upgrade to Smart Siren Controller $ 345,00 1.0 SoundOff Signal All LED 48" ENFLB (Model ENFLB) containing 16 Single Color LED modules with 120 LED's (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. Bar can be ordered with any color in each module. 5 -year warranty is included on ENFLB. Package also includes a SounclOff SOMLB - LED 100 -watt 400 series dual tone siren (Siren Model S 1,848.00 8.0 number ETSA481CSP)) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow, and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS100L), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any Combination of these colors. ETSA482RSP SoundOff Signal ETSA482RSP- upgrade, 200 watt dual tone $ 499.00 1.0 remote siren with lighting and arrow controls Whelen (Model J8FSA1) Whelen Medium All Led Lightbar (Model J8FSA 1) 50" Justice, fully loaded 100% solid state electronics, manufactured in America (2) LED Flashing WMLB —LED /Takedown Light (2) LED flashing/ Alley Lights, Mounting Kit, $ 1,699.00 8.0 Epsilon Combination Siren/Switch Controller, SA315P Siren Speaker and Mounting Bracket, SA315P Siren Speaker and Mounting Bracket. (speaker subject to material surcharges) 295SLSA6 jUpgrade from Epsilon to 295SLSA6 controller $ 99.00 0.0 HHS200 jUpgrade from Epsilon to HHS2200 Handheld siren controller $ 99.00 0.0 E - CENCOM Upgrade from Epsilon controller to CENCOM $ 408.00 1.0 Economic Lightbar Package: Federal Signal (Model LPX45D) LPX45D PA 45 -inch LPX Discrete Lightbar (Red or Blue with Takedowns, Alleys); PA640 FELB — LED siren; choice of ESI 00 or AS 124 speaker and bracket 640000 $ 1,448.00 8.0 (Federal Signal) PA640 Siren/Light Controller ES 100 (Federal Signal) ES 100 Watt Speaker ESB -U (Federal Signal) Universal Speaker Bracket MISC Vehicle Specific Hook Mount SSP2000B jUpgrade to Smart Siren Controller Is 345.00 1 1.0 Bid Award Announcement (15-23-0904) 17 Order Code Add Options Price Labor Hrs.' SoundOff Signal (Model EMG2000) SoundOff Signal All LED 48" MAGNUM (Model EMG2000) with 16 LED modules utilizing the Turbo Optic with 3led Inboards and 6 led corner for Warning and standard with LED takedowns and alleys (CONTAINS NO EMPTY HOLES OR MISSING DIODES). 5 year warranty included on EMG2000. Package also includes a SOELB — LED SoundOff I00 -watt 400 series siren (Siren Model number $ 1,621.00 8.0 ETSA400csp) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow, and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSSIOOL), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. ETSA482RSP SoundOff Signal ETSA482RSP- upgrade, 200 watt dual tone $ 499.00 1.0 remote siren with lighting and arrow controls Whelen (Model F914G4) Whelen Economic All Led Lightbar (Model F914GF) fully loaded, Justice, 100% solid state electronics, manufactured in America, (2) LED Flashing/ WELB —LED Takedown Lights, (2) LED Flashing/ Alley Lights, Mounting $ 1,497.00 8.0 Kit, Epsilon Series Combination Light/Siren Controller, SA3I5P Siren Speaker and Mounting Bracket. (speaker subject to material surcharges) 295SLSA6 Upgrade from Epsilon to 295SLSA6 controller $ 99.00 0.0 HHS200 Upgrade from Epsilon to HHS2200 Handheld siren controller IS 99.00 0.0 E - CENCOM Upgrade from Epsilon controller to CENCOM Is 408.00 1.0 Premium Unmarked Patrol Package: Federal Signal: Deluxe Unmarked Patrol Package SILSS (Federal Signal) Spectralux ILS, Split, Front Headliner, Red/Blue with Takedowns (Most Vehicle Models) ST-DM6W W Corner LED, Clear 650003 (Federal Signal) Siren 650 Series, FPUMP — LED 100 Watt, Micro phone push-button control, Wail -to -Priority $ 2,348.00 10.5 tone activation. ES 100 (Federal Signal) ES 100 Watt Speaker ESB -U (Federal Signal) Universal Speaker Bracket SILSD Rear Deck ILS Red/Blue with Amber Traffic Advisor (Rear Deck) **Straight 8 LED Light Head to be supplied with SUV and Truck Applications SSP2000B Upgrade to Smart Siren Controller $ 345.00 1.0 SoundOff Signal: Deluxe Unmarked Patrol Package Consist of Front and Rear Full -Width Interior LED System with LED TAKEDOWN lights (EPL8000WS for front, EPL8000R for rear); Headlight and Taillight Flashers; Four Corner LED SOPUMP — LED Universal Undercover (ELUC2SO I Ox); Package also includes a S 2,247.00 10.5 SoundOff 100- watt Handheld siren (Siren Model number ETSA461HPP) with integrated lighting controls and directional arrow switch to control optional rear arrow; Speaker and Bracket (ETSS100L) - LED lights may be blue, red, amber or any combination - specify color. ETSA482RSP SoundOff Signal ETSA482RSP- upgrade, 200 watt dual tone $ 499.00 1.0 remote siren with lighting and arrow controls Whelen: Deluxe Unmarked Patrol Package Whelen: Deluxe Unmarked Patrol Package - Consist of Front and Rear Full - Width Interior LED System (eight 3 LED Module) with LED WPUMP — LED Takedown Lights, Four Corner LED System, Hand Held or one $ 2,273.00 10.5 piece Combination Light Controller/Siren; Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color (speaker subject to material surcharges), also available with eight 6 LED lamps for front interior light bar. HHS200 HAND HELD SIREN CONTROLLER IN LIEU OF 295SLSA6 S 25.00 0.0 DUO Upgrade Whelen Package to 6 LED DUO Modules S 468.00 0.0 CENCOM Upgrade from 295 controller to CENCOM S 329.00 1.0 HG2 - Emergency Lighting: Premium Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System with LED Takedown Lights. Low Profile with no Driver Obstruction Custom Built For Any Vehicle; HG2 Side Runner HG2PUMP-LED Lights, HG2 Crossfire License Plate Front & Rear, Four Corner S 3,499.00 15.0 LED System, Hand Held or one piece Combination Light Controller/Siren; Speaker and Bracket - LED lights may be blue, red, white, amber or any combination — specify color. All HG2 Emergency Lighting Products Made In Orlando, FL. Economic Unmarked Patrol Package: Bid Award Announcement (15-23-0904) IS Order Code Add Options Price Labor Hrs. Federal Signal: Basic LED Unmarked Patrol Package S1LSS (Federal Signal) Spectralux ILS, Split, Front Headliner, Red/Blue with Takedowns (Most Vehicle Models) MPS650-RB (Federal Signal) Micropulse 6 LED, Red/Blue (Grille) 650003 FEUMP — LED (Federal Signal) Siren 650 Series, 100 Watt, Microphone push- $ 1,597.00 9.0 button control, ES 100 (Federal Signal) ES 100 Watt Speaker ESB -U (Federal Signal) Universal Speaker Bracket 329001-4 (Federal Signal) Single Viper, Red, SYNC (Rear Deck) 329001- 3 (Federal Signal) Single Viper, Blue, SYNC (Rear Deck) Wail -to -Priority tone activation. SSP2000B Upgrade to Smart Siren Controller $ 345.00 1.0 SoundOff Signal: Basic LED Unmarked Patrol Package Consist of Interior Rearview Mirror, Grille and Rear Deck LED System (Minimum 2 Lights in Each Position); Headlight and tail light SOEUMP — LED Flashers; Four Corner Universal Undercover LED system; $ 1,399.00 9.0 ETSA385R 100W handheld remote Combination Light Controller/Siren, Speaker and Bracket(s) - LED lights may be blue, red, amber or any combination - specify color. ETSA482RSP remote siren with lighting and arrow controls $ 499.00 1.0 Whelem Basic All LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear Deck LED System (Minimum 2 Lights in Each Position); Four LED System, WEUMP — LED Epsilon Series Combination Light/Siren Controller, Speaker and $ 1,387.00 9.0 Bracket(s)— LED lights may be blue, red, amber or any combination specify color (speaker subject to material surcharges) 295SLSA6 Upgrade from Epsilon to 295SLSA6 controller $ 99.00 0.0 HHS200 Upgrade from Epsilon to HHS2200 Handheld siren controller $ 99.00 0.0 E - CENCOM Upgrade from Epsilon controller to CENCOM $ 408.00 1.0 HG2 - Emergency Lighting: Economic Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System with LED Takedown Lights. Low Profile with no Driver Obstruction Custom Built For Any Vehicle; HG2 Side Runner HG2EUMP - LED Lights, Four Corner LED System, Hand Held or one piece $ 2,699.00 12.0 Combination Light Controller/Siren; Speaker and Bracket - LED lights may be blue, red, white, amber or any combination — specify color. All HG2 Emergency Lighting Products Made In Orlando, FL. Administrative Vehicle Package: Federal Signal: Administrative Vehicle Package: 329001-4 (Federal Signal) Single Viper, Red, SYNC (Front Windshield) 329001-3 (Federal Signal) Single Viper, Blue, SYNC (Front Windshield) 350701-04 (Federal Signal) Headliner Bracket, Single Viper ST-DM6WW Corner LED, Clear 650003 (Federal FAVP Signal) Siren 650 Series, 100 Watt, Microphone push-button $ 1,299.00 8.0 control, Wail -to -Priority tone activation. ES100 (Federal Signal) ES 100 Watt Speaker ESB -U (Federal Signal) Universal Speaker Bracket 329001-4 (Federal Signal) Single Viper, Red, SYNC (Rear Deck) 329001-3 (Federal Signal) Single Viper, Blue, SYNC (Rear Deck) SSP2000B Upgrade to Stuart Siren Controller $ 345.00 1.0 SoundOff Signal: Administrative Vehicle Package Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights (Minimum of 2); Headlight Flasher; Tail light SOAVP flasher; Four Corner Universal Undercover LED system; $ 1,399.00 8.0 Combination Light Controller/Siren (ETSA380MF); Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. ETSA482RSP remote siren with lighting and arrow controls $ 499.00 1.0 Whelen: Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light, Rear Deck or headliner LED WAVP Lights (Minimum of 2); Four Corner LED System, 295SLSA6 $ 1,349.00 8.0 Combination Light Controller/Siren; Speaker and Bracket - LED lights may be blue, red, amber or any combination -specify color (speaker subject to material surcharges) HHS200 Upgrade from Epsilon to HHS2200 Handheld siren controller IS 99.00 1 0.0 IE-CENCOM Upgrade from Epsilon controller to CENCOM Is 408.00 1 1.0 Bid Award Announcement (15-23-0904) 19 Order Code Add Options Price ` Labor Hrs. HG2 Emergency Lighting: Administrative Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System with LED Takedown Lights. Low Profile with no Driver HG2AVP Obstruction Custom Built For Any Vehicle; Four Corner LED $ 1,999.00 10.5 System, Hand Held or one piece Combination Light Controller/Siren; Speaker and Bracket - LED lights may be blue, red, white, amber or any combination - specify color. All HG2 Emergency Lighting Products Made In Orlando,FL. A La Carte Lights: RDL Rear deck LED, GEN 3 minimum, warning lights - LED lights $ 234:00 1.7 may be blue, red, amber or any combination - specify color L - SPOT Left-hand pillar mounted 6" spotlight with clear halogen bulb S 325.00 1.5 LR - SPOT Left & right-hand pillar mounted 6" spotlight with clear halogen S 585.00 1.5 bulb LED, GEN 3 minimum, grille lights, 2 minimum - LED lights GL may be blue, red, amber or any combination - specify color S 175.00 1.5 (Whelen, Federal, SOundOff Signal or approved equivalent) LED, GEN 3 minimum, rear view mirror flashing lights - LED lights may be blue, red, amber or any combination - specify $ 234.00 1.5 RML color (Whelen, Federal, SoundOff Signal, Rontan or approved equivalent) Roof -mount amber strobe beacon (Whelen, Federal, SoundOff $ 95.00 1.5 RBS Signal, Rontan or approved equivalent) RBL Roof -Mount Amber LED strobe beacon (Whelen, D&R $ 187.00 1.5 Electronics or approved equivalent) LED, GEN 3 minimum, trunk lights, 2 minimum - LED lights may be blue, red, amber or any combination - specify color $ 187.00 1.5 ILL (Whelen, Federal, SoundOff Signal, Rontan or approved equivalent) B-ST6 (2) Brookings Industries 6 diode super thin surface mount S 158.00 1.5 Lightheads (Specify Colors) (2) Whelen ION Series Lightheads Specify Universal or Surface W -ION -2 Mount Bracket (SOLID: Red, Blue, Amber or White) -or- $ 247.00 1.5 (SPLIT: Red/Blue, Red/White, Blue/Amber) (Black or White Housing) (2) Whelen MICRON Series Lightheads Specify Universal or W-MCRN-2 Surface Mount Bracket (SOLID: Red, Blue, Amber or White) - $ 247.00 1.5 or- (SPLIT: Red/Blue, Red/White, Blue/Amber) (Black or While Housing) W-TIR3-2 (2) Whelen TIR3 Surface Mount Lightheads (Red, Blue, Amber, $ 140.00 1.5 or White) Specify Mount Location W-TAD8 Traffic directional LED, GEN 3 minimum, arrow with 8 $ 484,00 3.0 modules (with controller if required). SA315P 100 -Watt, Compact Cast Siren Speaker with U -Bracket $ 224.00 1.0 W-UHF2150 Whelen - Headlight flashers, solid state $ 69.00 1.0 100% Solid -State, Headlight and Taillight Flasher, 2 Outlet, 160 Watts Per Outlet, Seven Flash Patterns, For 2006-2013 Chevy SSFPOS16 Impala, 2011-2013 Chevy Caprice and 2007-2015 Chevy Tahoe $ 104.00 1.0 Police Package Vehicles, Includes Mating Plug, For Positive Switching Headlights SO-ETF8SSN-P SoundOff Signal - Tail light flashers $ 55.00 1.0 SO-ENT2133x (2) Soundoff Signal - Intersector LED undennirror Lights S 299.00 2.5 (Specify Color) Whelen Low Frequency Supplemental Siren, with Vehicle Mounting Bracket, available for: Ford Sedan and SUV W -HOWLER Interceptor, Expedition, F250/F350, E -Series Van, Taurus and $ 474.00 2.0 Explorer, Chevy Impala, Caprice, Tahoe, Suburban, Express, Silverado, Dodge Charger, and 4500 Whelen Full Featured Interior Lightbar Ten 3 -LED Lamps with takedowns, or Twelve LED Lamps without Take Downs, Upper Front Unit Mounted to Front Window of the Vehicle, Two Piece, W -INNER -EDGE Individual Driver and Passenger Side Units, Vehicle Specific. $ 748A0 2.5 Please indicate vehicle make and model. Controller not included. W -INNER -DUO Upgrade Whelen Interior Lightbar to DUO COLORED lightbar. $ 468.00 0.0 W-PCC6W Whelen Switch Box with Six 25 AMP SPST Switches, Lighted $ 115.00 1.0 Federal Signal Smart Siren - deluxe siren, microprocessor FS SSP2000B controlled; w/RMK (ext. cable) and MNCT-SB (microphone) $ 672.00 2.0 included Bid Award Announcement (15-23-0904) 20 Order Code " Add Options Price labor Hrs. Federal Signal -Rumbler Supplemental Siren/Intersection FS RUMBLER Clearing System. Contains all necessary mounting hardware, $ 449.00 2.0 system amplifier, and one pair of speakers. FHL -HL Federal Signal - Headlight flashers, solid state $ 69.00 1.0 (2) Federal Signal Micropulse 3 LED diode lightheads, Surface FS MPS300 * Mount, specify mount location (Red, Blue or Amber) S 105.00 1.5 (2) Federal Signal Micropulse 6 LED diode lightheads, Surface FS MPS600** Mount, specify mount location (Solid or Split Red, Blue or $ 175.00 1.5 Amber) (2) MicroPulse Wide Angle Lightheads. Product utilizes 9 FS MPSW9* LEDs providing 180 degree light source. Available in red, blue, $ 276.00 1.5 white, and amber. FS IPX620-XX (2) LED warning lightS, dual color, with 12 LEDs per light $ 188.00 1.5 head. Amber, blue, red, white, and green LEDs available. SpectraLux ILS. Front split headliner. Ideal for slick -top SILSS-XXXXXX applications. Red and blue with white flood feature. Controller S 749.00 2.5 not included. HG2 Emergency Lighting 72" 2 Piece Side Runner Lighting I-IG2 Emergency Lighting Solution. Available in all Colors. Please specify Color and Year $ 735.00 2.5 Part9HG22PC72XX Make and Model of Vehicle. Made in Orlando, FL SAEJ595 HG2 Emergency Lighting 68" 2 Piece Side Runner Lighting HG2 Emergency Lighting Solution. Available in all Colors. Please specify Color and Year $ 735.00 2.5 Part4HG22PC68XX Make and Model of Vehicle. Made in Orlando, FL SAEJ595 HG2 Emergency Lighting 60" 2 Piece Side Runner Lighting HG2 Emergency Lighting Solution. Available in all Colors. Please specify Color and Year S 569.00 2.5 Part#FIG22PC60XX Make and Model of Vehicle. Made in Orlando, FL SAEJ595 HG2 Emergency Lighting 48" 2 Piece Side Runner Lighting HG2 Emergency Lighting Solution. Available in all Colors. Please specify Color and Year $ 535.00 2.5 Part#HG22PC48XX Make and Model of Vehicle. Made in Orlando, FL SAEJ595 HG2 Emergency lighting Crossfire License Plate Frame Lighting Solution. 180 Degree Visability with I Piece Unibody HG2 Emergency Lighting Housing. No Hole Drill Application mounted off Factory $ 375.00 1.5 Part#HG2CROSSFIRE-XX Licesne Plate Screws. Made in Orlando, FL SAEJ595 & Title 13 Corner Strobe Kits: Federal Signal -Corner LED In -Line System. (6) LED's per light head, (30) Flash patterns, up to four lights can be synchronized FS 416400 for simultaneous or alternating flashing (Set of 4), 5 year $ 267.00 3.0 warranty Corner LED Kits Soundoff Universal undercover LED kit, consists of 4 corner LEDs, choice of colors, red, white, blue, ELUC2SOtOx amber or any split color combination. Please specify colors. $ 284.00 3.0 Included with inline flasher, 10' of cable Corner LED Kits — (4) Whelen Vertex Series 4 LED Vertex 4-9' cables with in-line lamp driver, no power supply needed, may W -VERTEX be white, red, blue, amber, or combination #* Please indicate $ 267.00 3.0 colors when ordering, may be red, blue, amber or combination. Comment Section: PRICES BASED ON SINGLE UNIT ORDERS. ADDITIONAL DISCOUNTS MAY BE AVAILABLE WHEN ORDERING ON A VOLUME BASIS. CALL US FIRST! 863-402-4234 "--YES-- WE ANSWER OUR PHONES" The supreme quality for leadership is unquestionably integrity. Without it, no real success is possible, no matter whether it is on a section gang, a football field, in an army, or in an office. Dwight D. Eisenhower "With willing hearts and skillful hands the difficult we do at once, the impossible takes a bit longer" Sea Bees Memorial, Arlington VA Bid Award Announcement (15-23-0904) 21 AutoNation Chrysler Dodge Jeep Ram Pembroke Pines Pricing Sheet for Emergency Vehicle Lighting Bid 15-23-0904 (All items listed are dealer installed) Order Code Add Optionson Price Labor Hrs. Premium Lightbar Package: C3PLBP-LED TIER Code3 (Model DF47A2) C3PLBP-LED TIER2 Code3 (Model DF47A2MC) FPLB - LED Federal Signal (Model LGD45) FPLB LED Federal Signal (Model INTG44) RPLB — LED Rontan Signals Maxium-Extreme Off Axis® 45" MigFoot SPLB — LED Signal (Model 7460 LEDP-FSA) SOPLB — LED 1 TIER I SoundOff Signal (Model ENFLB) SOPLB — LED 2 TIER SoundOff Signal (Model ENFLB-SILVER) $ 2,195.00 7.5 SOPLB —LED 3 TIER SoundOff Signal (Model ENFLB-GOLD) $ 2,845.00 7.5 WPLB — LED 2 TIER Whelen (Model F8FSA1) $ 2,797.00 7.5 WPLB — LED 1 TIER Whelen (Model S8FSA1) $ 2,235.00 7.5 Medium Lightbar Package: C3MLB - LED Code3 (21TR47MC) FMLB — LED Federal Signal (Model LPX45Z) RMLB — LED Rontan WIngLux Extreme Off Axis - W.E.T.® 47" MigFoot SMLB — LED Signal (Model 2476 -FSA) SOMLB — LED SoundOff Signal (Model EMG2000) $ 1,690.00 7.5 WMLB — LED Whelen (Mode] J8FSA1) $ 1,835.00 7.5 Economic Lightbar Package: C3ELBP- LED Code3 (Model 21TR47A4) FELB — LED Federal Signal (Model LPX45D) RELB — LED Roman LCL Maximum 45" MigFoot SELB —LED Signal (Model 2461 LEDP-FSA) SOELB — LED SoundOff Signal (Model EMG2000) $ 1,645.00 7.5 WELB—LED Whelen (Model F914G4) $ 1,695.00 7.5 Premium Unmarked Patrol Package: C3PUMPTierl- LED Code3: Deluxe Tier] Unmarked Patrol Package C3PUMPTier2 - LED Code3: Deluxe Tier2 Unmarked Patrol Package FPUMP — LED Federal Signal: Deluxe Unmarked Patrol Package RPUMP — LED Roman Premium Unmarked Patrol Package SPUMP — LED Signal: Deluxe Unmarked Patrol Package SOPUMP — LED SoundOff Signal: Deluxe Unmarked Patrol Package WPUMP — LED Whelen: Deluxe Unmarked Patrol Package $ 2,175.00 9.5 HG2PUMP-LED HG2 - Emergency Lighting: Premium Unmarked Patrol Package I $ 2,265.00 9.5 Economic Unmarked Patrol Package: C3EUMP - LED Code3: Basic Unmarked Patrol Package FEUMP — LED Federal Signal: Basic LED Unmarked Patrol Package REUMP — LED Ronan Economic Unmarked Patrol Package SEUMP — LED Signal: Basic LED Unmarked Patrol Package SOEUMP — LED SoundOff Signal: Basic LED Unmarked Patrol Package $ 1,490.00 9.5 WEUMP — LED Whelen: Basic All LED Unmarked Patrol Package $ 1,545.00 9.5 HG2EUMP-LED Administrative Vehicle Package: C3AVP Code3: Admin Vehicle Package FAVP Federal Signal: Administrative Vehicle Package RAVP Roman Administrative Vehicle Package SAW Signal: Administrative Vehicle Package SOAVP SoundOff Signal: Administrative Vehicle Package $ 1,395.00 9.0 WAVP Whelen: Administrative Vehicle Package $ 1,445.00 9.0 HG2AVP A La Carte Lights: Bid Award Announcement (15-23-0904) 22 Order Code Add Options Price Labor Hrs. CENCOM Whelen Cencom - upgrade, deluxe siren, microprocessor controlled $ 329.00 1.5 Whelen - upgrade WPLB 1 tier Premium Lightbar with DUO Color Traffic Advisor S 425.00 FULL DUO Whelen - upgrade WPLB I tier Premium Lightbar with Full DUO Color lightheads $ 789.00 Wbelen - upgrade WPLB 1 tier Premium Lightbar with Full Trio Color lightbeads $ 1,565.00 Whelen - upgrade WMLB Medium Lightbar with DUO Color Traffic Advisor N/A Whelen - upgrade WELB Economy Lightbar with DUO Color Traffic Advisor N' A Whelen - upgrade any Whelen Lightbar to fully adjustable mounting foot $ 65.00 W-RDL Rear deck LED, GEN 3 minimum, warning lights - LED lights may be blue, red, amber or any combination - specify color $ 355.00 1.5 L - SPOT Left-hand pillar mounted 6" spotlight with clear halogen bulb $ 345.00 3.5 LR - SPOT Left & right-hand pillar mounted 6" spotlight with clear halogen bulb $ 690.00 7.0 W -GL LED, GEN 3 minimum, grille lights, 2 minimum - LED lights may be blue, red, amber or any combination - specify color $ 159.00 3.0 (Whelen, Federal, SoundOff Signal or approved equivalent) W -RML LED, GEN 3 minimum, rear view mirror flashing lights - LED lights may be blue, red, amber or any combination - specify color (Whelen, Federal, SoundOff Signal, Rontan or approved $ 234.00 3.0 equivalent) W -RBS Roof -mount amber strobe beacon (Whelen, Federal, SoundOff Signal, Rontan or approved equivalent) $ 165.00 2.5 W -RBL Roof -Mount Amber LED strobe beacon (Whelen, D&R Electronics or approved equivalent) $ 175.00 2.5 W-TLL LED, GEN 3 minimum, trunk lights, 2 minimum - LED lights may be blue, red, amber or any combination - specify color (Whelen, Federal, SoundOff Signal, Roman or approved $ 235.00 2.5 equivalent) INCLUDED WITH WHELEN LIGHT LED, GEN 3 minimum, integral directional arrow activated in BARS lightbar (with controller if required) - LED lights may be blue, red, amber or any combination - specify color. Requires purchase of lightbar. TRAFFIC ADVISOR Traffic directional LED, GEN 3 minimum, arrow with 6 modules (with controller if required). S 495.00 2.5 100 -Watt, Compact Cast Siren Speaker with U -Bracket S 210.00 2.0 Federal Signal Smart Siren - upgrade, deluxe siren, microprocessor controlled; w/RMK (ext. cable) and MNCT-SB (microphone) included ETSA481CSP SoundOff Signal ETSA481CSP - deluxe siren $ 298.00 2.5 ETSA482RSP SoundOff Signal ETSA482RSP- upgrade, 200 watt dual tone remote siren with lighting and arrow controls $ 345.00 3.0 W-UGCC Whelen Cencom - upgrade, deluxe siren, microprocessor controlled $ 345.00 2.0 FLHP-XXX Federal Signal - Headlight flashers, solid state SoundOff Signal - Headlight flashers, solid state W-UHF2150 Whelen - Headlight flashers, solid state $ 85.00 2.0 SoundOff Signal - Tail light flashers ENT2B3x Soundoff Signal - Intersector LED undermirror Light SoundOff Signal - EPL8000 Full Featured Interior Lightbar Eight 6 -LED modules. with optional Two 6 -LED Flashing Take- EPL8000 Downs Meets SAE specifications. Easy Installation to Visor Anchor Points Without Drilling Holes, Vehicle Specific. Please indicate vehicle make and model. Upgrade basic (6) switch controller and siren to combination light controller/siren MBI Federal Signal - Public safety messaging system with LED message display and controller. 35" message board. Bid Award Announcement (15-23-0904) 23 Order Code Add Options Price Labor Hrs. HOWLER Whelen Low Frequency Supplemental Siren, with Vehicle Mounting Bracket, available for: Ford Sedan and SUV Interceptor, Expedition, F250/F350, E -Series Van, Taurus and $ 465.00 3.0 Explorer, Chevy Impala, Caprice, Tahoe, Suburban, Express, Silverado, Dodge Charger, and 4500 Signal D-44 Cyclone 100 Watt Speaker - Patent Pending Cyclonic Expansion chambers, rugged glass filled nylon housing RUMBLER Federal Signal -Rumbler Supplemental Siren/Intersection Part # RB-XXXXX Clearing System. Contains all necessary mounting hardware, system amplifier, and one pair of speakers. DTX 1/2 Federal Signal DTX Digital In Car Video System. Front and rear (2) camera system including solid state DVR with built in GPS and Wi-Fi, wireless microphone, and DTX COMMAND software for video management. System is available as MDT client version or stand along 4.5" monitor. 3rd and 4th cameras optional. Wireless download software optional per each 10 vehicles. Signal 9016 LED Series StarBeam M -Tech LED Mini -Bar 20 flash patterns, and mounting kit. Please specify color(s). Interior Mount LED Light 12 LED Array, Gen 3 LED, Cig Plug w/ lighted on/off switch, flash pattern select button, 30 flash patterns, and mounting kit (Signal Vehicle Products DL 15-12 or equivalent). Please specify color(s). Combination 200 Watt Siren and 8 function light control panel including traffic director, dual color lighted keypad, 4 position progressive slide switch, LED speaker diagnostics, PA with noise canceling microphone (Signal Vehicle Products LES 800 or equivalent). Low Profile Spilt Interior Front Mount LED Lightbar, I" High Profile, No Drill Mounting with Vehicle Specific Mounting Kits (included), 35 flash patterns with pattern select button, Cig Plug w/ lighted on/off switch (Signal Vehicle Products "Split $ 579.00 2.5 Phantom" ULB24 or equivalent) Please specify color(s). Low Profile Interior Front Mount LED Lightbar, V High Profile, No Drill Mounting with Vehicle Specific Mounting Kits (included), 35 flash patterns with pattern select button, Red Map Light, Cig Plug w/ lighted on/off switch (Signal Vehicle $ 445.00 2.5 Products "Phantom" ULB44 or equivalent). Please specify color(s). Whelen Full Featured Interior Lightbar Eight 3 -LED Lamps, Upper Front Unit Mounted in a Rugged Housing That Fits Snugly Against the Front Window of the Vehicle, Two Piece, Individual Driver and Passenger Side Units, with Two LED Flashing/Take-Downs (one in each housing) Meets SAE and California Title XIII specifications. Easy Installation to Visor Anchor Points Without Drilling Holes, Vehicle Specific. Please indicate vehicle make and model. Upgrade Whelen Interior Lightbar to Eight 6 -LED Lamps Federal Signal - Part # MPSWP-X MicroPulse Wide Angle Light. Product utilizes 9 LEDs providing 180 degree light source. Available in red, blue, white, and amber. Federal Signal - Part # IPX620-XX LED warning light, dual color, with 12 LEDs per light head. Amber, blue, red, white, and green LEDs available. Federal Signal - Part # SILSS-XXXXXX SpectraLux ILS. Front split headliner. Ideal for slick -top applications. Red and blue with white flood feature. HG2 Emergency Lighting HG2 Emergency Lighting 72" 2 Piece Side Runner Lighting Part#HG22PC72XX Solution. Available in all Colors. Please specify Color and Year Make and Model of Vehicle. Made in Orlando, FL SAEJ595 HG2 Emergency Lighting HG2 Emergency Lighting 68" 2 Piece Side Runner Lighting Part#HG22PC68XX Solution. Available in all Colors. Please specify Color and Year Make and Model of Vehicle. Made in Orlando, FL SAEJ595 Bid Award Announcement (15-23-0904) 24