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08-07-07 Agenda RegCity of Delray Beach Regular Commission Meeting `~ RULEB FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, August 7, 2007 and the right to limit discussion rests with the Commission. Generally, remarks by an iadividual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda 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. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. BIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items 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 on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRE88ING THE COMMI88ION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • July 24, 2007 -Regular Meeting • July 31, 2007 -Special Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS• Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting of July 19, 2007. B. CHANGE ORDER NO. 3/BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY, INC Approve Change Order No. 3 in the amount $20,000.00 to Chaz Equipment Company, Inc. for the connection of eight (8) properties to an 8" water main on Swinton Avenue for the Block 64 Drainage and Water Main Improvements Project. Funding is available from 442-5178-536-65.33 (Water/Sewer Renewal & Replacement Fund/Block 64 Improvements). C. CONTRACT CLOSEOUT 1C.0. NO, 6/FINAL)/DURACLEAN. INC: Approve a Contract Closeout (C.O. No. 6/Final) in the amount of $46,815.98 and final payment in the amount of $49,825.98 to Duraclean, Inc. for the completion of the water damage remediation at Fire Stations No. 1, 2, 3 and 5. Funding is available from 001-2311-522-46.10 (Fire Department/General Fund/Building Maintenance). D. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/NEEDHAM ROOFING. INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of $19,452.00 decrease and final payment in the amount of $28,506.00 to Needham Roofing, Inc. for completion of the Pompey Park Center Re-Roofing Project. Funding is available from 334-4172-572-46.10 (General Construction Fund/Building Maintenance). 08-07-2007 -2- E. CONTRACT REVISION AND RENEWAL/CONSULTING AGREEMENT/URBAN DESIGN STUDIO, LLC: Approve the renewal of a revised consulting agreement with Urban Design Studio, LLC for Beach Ctverlay District review services. The review fee will increase from $750.00 to $850.00 and the contract period is from August 10, 2007 through August 9, 2008. F. INTE_RLOGAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/135 NW 5TH AVENUE: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the management and funding of the construction/rehabilitation of 135 NW 5`s Avenue by the City. G. AMENDMENT/SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve an amendment to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAPI GRANTS FY 2008/DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER/MILLER PARK: Approve a request to apply for grants from the Florida Recreation Development Assistance Program (FRDAP) in the amount of $90,000 for the Delray Beach Family Recreation and Fitness Center for playground equipment, fencing, walkways and drinking fountains, etc., and in the amount of $200,000 for renovations to Miller Park. I. RESOLUTION NO. 45-07: Approve Resolution No. 45-07 naming the Western/Senior Community Center the "Dekay Beach Family Recreation and Fitness Center". J. ADDITIONAL AUDIT FEES/CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A.: Approve the payment of additional Audit Fees for FY 2006 in the amount of $35,906.00 to Caler, Donten, Levine, Druker, Porter & Veil, P.A. for additional audit services. Funding is available from multiple accounts. K. AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT/PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM: Approve Amendment No. 1 to the Interlocal Agreement creating the Palm Beach County Workforce Development Consortium. L. CONTRACT ADDITION (C.O. NO. 4/BLOCK 64 ALLEY IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Addition (C.O. No. 4) in the amount of $77,525.00 to Chaz Equipment Company for the emergency sewer main repairs on SW 7~' Avenue related to the Block 64 Alley Improvement Project. Funding is available from 442-5178-536.46.90 (Water/Sewer Renewal and Replacement Fund/Other Repair/Maintenance Costs). 08-07-2007 -3- M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from July 23, 2007 through August 3, 2007. N. AWARD OF BIDS AND CONTRACTS: Purchase award to Orkin Pest Control in the amount of $19,975.00 for a tent fumigation of City Hall for the eradication of termite infestation. Funding is available from 001-1802-512-34.20 (General Fund/Pest Control Services). 2. Purchase award to CDW-Government in the amount of $29,995.00 for seven (7) replacement laptops for the Delray Beach Police Department. Funding is available from 334-2111-521-64.11 (General Construction Fund/Computer Equipment). 9. REGULAR AGENDA: A. PUBLIC COMMENTS/FY 2008 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2008 Proposed Budget at this time. B. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING/DELRAY MAZDA: Consider a waiver request to allow the installation of a 653 square foot temporary modular building for the Delray Mazda Automotive Dealership located at the southeast corner of South Federal Highway and Tropic Boulevard (2001 South Federal Highway). (Quasi Judicial Hearing) C. DELRAY BEACH MARINA RATES: Consider approval of a proposed rate increase to $.60 per foot per day for non-lived aboard and $.70 per foot per day for live- aboard; increase of late fee from $25.00 to $50.00 and removal of the option of paying the minimum when boat is not in slip. D. PROPOSAL FOR eCivis GRANT NETWORK SERVICES: Consider approval and authorize the Mayor to execute an agreement in the amount of $29,000 with eCivis for their Grant Network Services. E. SPECIAL _EVENT REQUEST/COMMUNITY REVIVAL AND BACK TO SCHOOL EVENT: Consider approval of a special event request for a new event, the "Community Revival and Back to School Event" sponsored by One Love-One Community Foundation, Inc. proposed to be held on August 17 - 19, 2007; from 8:00 p.m. to midnight on August 17, 2007, from 11:00 a.m. to 6:00 p.m. on August 18, 2007 and August 19, 2007; and authorize staff support for security, signage, EMS assistance, site clean up and trash removal, use of the new large stage, waiver of stage rental fees and trash box costs, the City to contribute funds in the amount of $1,700.00 and provide the insurance for the event, contingent upon sponsor providing a hold harmless agreement, certificate of liability insurance one (1) week prior to the event and contingent upon the conditions listed in the staff report. 08-07-2007 -4- F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board for two (2) year terms ending July 31, 2009 and (1) one regular member to serve an unexpired term ending July 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). 10. G. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint two (2) regular members to the Public Art Advisory Board to serve two (2) year terms ending August 2, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Montague (Seat #4). PUBLIC HEARINGS: A. ORDINANCE NO. 22-07 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-2~ Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2007-2 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2007-2 includes: 1. Text Amendments: a. Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the allowable percentage of building area devoted to residential use from 15% to 75% at a maximum density of 30 units per acre within the Four Corners CWerlay District, subject to the provision of workforce housing. b. Future Land Use Element -Modification of Policy A-7.2 to include the provision of workforce housing in the Four Corners Overlay District. c. Future Land Use Element -Modification of the description of the TRN (Transitional) Future Land Use designation to allow for increased residential density up to 24 units per acre within the Carver Estates Overlay District, subject to the provision of workforce housing. d. Future Land Use Element -Expansion of the Southwest Neighborhood Area C-verlay District to include properties located '/2 block on either side of SW 12~' Avenue, between SW 2°d Street and SW 3`d Street. This overlay district allows a maximum density of 24 units per acre, subject to the provision of workforce housing. -5- 08-07-2007 e. Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the maximum density on properties lying within the Four Corners Overlay District which are not located at the intersection of Atlantic Avenue and Military Trail and which have less than 160 feet of direct frontage on Atlantic Avenue to 50 units per acre. Residential development on these properties may comprise up to 100% of the total building area and shall not be subject to the requirement to provide workforce housing. f. Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to accommodate expansion of the Carver Estates C-verlay Area to include the south portion of the Auburn Trace Development. This area is currently located within the Infill Workforce Housing Area which allows up to 18 units per acre, subject to the provision of workforce housing. Within the Carver Estates Overlay Area, the maximum density will increase to 24 units per area. 2. Future Land Use Mag Amendments: a. City initiated Future Land Use Map amendment for approximately 3.9 acres, located '/z block on either side of SW 12`~ Avenue, between SW 2"d Street and SW 3'~ Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). B. RESOLUTION NO. 44-07: Approve and adopt Resolution No. 44-07 setting forth an inventory list of properties to be used for affordable housing in accordance with Section 166.0451 of the Florida Statutes. C. ORDINANCE NO. 24-07: City initiated amendment to the Land Development Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(x), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent", to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area. (POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER ADVERTISING) D. ORDINANCE NO. 25-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.2, "Notice Requirements", and Section 2.4.3(x), "Fees", to provide for an increase in the Development Applications, Plan Check Fees and Building Permit Fees. (POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER ADVERTISING) E. ORDINANCE NO. 26-07: City initiated amendment to the Land Development Regulations (LDR) enacting Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide procedures for handling and processing requests for accommodation from the City's Code. (POSTPONED TO AUGUST 21.2007 DUE TO FURTHER ADVERTISING) 08-07-2007 -6- F. ORDINANCE NO. 27-07: City initiated amendment to the Land Development Regulations (LDR) amending Section 4.4.13, "Central Business District (CBD)", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", to clarify the maximum allowed residential density in the West Atlantic Avenue Neighborhood. (POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER ADVERTISING) G. ORDINANCE NO. 28-07: City initiated text amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances, by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", regarding the increase of Parking Meter Fees, east of the Intracoastal Waterway from $0.75 to $1.00 per hour. (POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER ADVERTISING) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager s response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 29-07: An ordinance replacing an existing Florida Power and Light Company (FPL) Franchise Agreement that is set to expire in 2011. If passed, a public hearing will be scheduled for August 21, 2007. B. ORDINANCE NO. 30-07: An ordinance amending Chapter 117, "Landlord Permits", of the Code of Ordinances by amending Section 117.2, "Permit Fees", to provide for an increase in the Landlord Permit fee from $30.00 per unit to $50.00 per unit. If passed, a public hearing will be scheduled for August 21, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. Ciry Attorney C. Ciry Commission POSTED: AUGUST S, 2007 os-o7-2007 -7- JULY 24, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:04 p.m., Tuesday, July 24, 2007. 1. Roll call showed: Present - Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - Commissioner Gary Eliopoulos Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen P. Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is revised information regarding Item 9.J., Federal Lobbying Contracts/Alcalde and Fav/Artemis Strategies and Item 9.K., Seacrest Soccer Complex Preconstruction Services ProposaUThe Weitz Companv. Mrs. Montague requested that Item 9.I., Federal Lobbying Contracts/Alcalde and Fav/Artemis Strategies, Item 9.J., Seacrest Soccer Complex Preconstruction Services ProposaUThe Weitz Companv and Item 9.K., Miller Park Preconstruction Services ProposaUThe Weitz Company be moved after Item 9.L., Proposed Millage Rate. Mr. McDuffie stated with regard to Item 12.D., Ordinance No. 27-07 in the memo under the recommendation it references Ordinance No. 24-07 and noted it should reference Ordinance No. 27-07. The City Manager noted the addition of Item 8.M.4., Purchase Award to Duval Ford in the amount of $48,826.00 via the Florida Sheriffs Association Contract #06-14-0821 for the purchase of two vehicles. 07/24/07 Mrs. Montague moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. McDuffie moved to approve the Minutes of the Regular Meeting of July 10, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to approve the Minutes of the SpeciaUWorkshop Meeting of July 17, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Florida Water Professional Week -August 6 -10, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the week of August 6-10, 2007 as Florida Water Professional Week in the City of Delray Beach. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation and he gave a few brief comments. 6.B. Arthur J. Kobacker Mayor Ellis read and presented a proclamation hereby posthumously celebrating and recognizing the life of a very generous and amazing person, Arthur J. Kobacker. Dr. Tammy Ferguson came forward to accept the proclamation and she gave a few brief comments. At this point, the time being 6:18 p.m., the Commission moved to Item 7.B. 7. PRESENTATIONS: 7.B. S.P.I.RI.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Gerri Bauer, Chair for the S.P.I.R.I.T Committee, stated Ashley Wintemute, Police Information Specialist, was recommended for a SPIRIT award by Lieutenant Thomas Mitchell who stated there was a mentally unstable woman who was aimlessly wondering the streets with three children ages 7, 3 and 1 years old. The woman fled a shelter because she claimed evil spirits were attempting to harm her and her children. The children did not have proper food, shoes, or clothing. In addition, all the -2- 07/24/07 children were extremely dirty. The woman was taken to a mental institution for help and the Department of Children and Family (DCF) Services was called for the children. The children were taken to the Police Department to await DCF. Seeing the children in their condition, Ms. Wintemute immediately offered to clean the children and feed them food from her locker. She prepared a container of soapy water and went to her personal vehicle for diapers and wipes. After her care, the demeanor of the children drastically changed and they started to interact with the officers in the case. Ms. Wintemute's kindness, care and compassion for these children despite their adverse conditions truly reflect the spirit of the City of Delray Beach. Dot Bast, Human Resource Consultant/Human Development, stated Rosio Beltran, Police Information Specialist was recommended for a S.P.I.R.I.T. award by her supervisor Dawn Delaney. Ms. Beltran was working the operator station when a customer approached her and wanted to pay for a parking ticket. This situation was unique because the customer had already requested and was granted a hearing for pleading not guilty. The notice of her intention to take this ticket to court had not yet been processed so the Police Department had record of this and was able to take and post a payment from her. The customer needed to cancel her court date and by this time she was exasperated because before meeting Rosio, she had been given several different answers on how to handle this situation and was directed to many offices. Rosio contacted the courthouse confirming the cancellation procedures, and then personally walked her next door to the appropriate office where she saw to it that everything was taken care of expeditiously. Alberta Gaum-Rickard, Project Coordinator, stated Willene "Lynn" Clark, General Maintenance Worker, has captured the attention of several residents with her outstanding customer service. Willene demonstrates great work ethic. Willene is responsible for helping to maintain the restrooms at the beach. The nomination forms noted that Willene takes pride in keeping the restrooms clean. An out of town visitor who was lost, commented that out of the goodness of her heart, Willene helped her find the location she was looking for by following her. She provides excellent customer service and gives Delray Beach a positive appearance. Mayor Ellis presented the three employees with their S.P.I.R.I.T. Quarterly Award certificates. 7.A. New Tax Plan -House Representative Maria Sachs Maria Sachs gave a brief overview of the Property Tax Legislation regarding the roll back and the Super Exemption Proposal. She stated she is very proud to have her Legislative office in Delray Beach. -3- 07/24/07 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CHANGE ORDER NO. 1 (C.O. NO. 1)/ROSSO PAVING & DRAINAGE, INC.: Approve Change Order No. 1 (C.O. No. 1) in the amount of $38,729.50 to Rosso Paving & Drainage, Inc. for the emergency removal of a 6" water main and connection to an adjacent 12" water main, required to maintain flow for the NE 4th Street Improvement Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement Fund/Water Mains). 8.B. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/ASPHALT CONSULTANTS, INC.: Approve a Contract Closeout (C. O. No. 2/Final) in the amount of a $131,407.97 decrease and final payment in the amount of $126,741.90 to Asphalt Consultants, Inc. for completion of the Country Club Acres Infrastructure Improvements Project. Funding is available from 441-5161-536-65.86 (Water/Sewer Fund/Country Club Acres). 8.C. SERVICE AUTHORIZATION NO. 07-01/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-01 in the amount of $37,500.00 to Mathews Consulting, Inc. for professional engineering services related to the Lakeview Golf Course Irrigation with Reclaimed Water Project. Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services). 8.D. PALM BEACH COUNTY MATCHING GRANT/ARTIST AGREEMENT/KNOWLES PARK SCULPTURE PROJECT: Approve and authorize a "Public Art Improves Our Community" matching grant agreement with Palm Beach County and an agreement with Artist Mr. John Clement for a proposed sculpture that will be located at Knowles Park. The Matching Grant Program is a 50% match and Palm Beach County will reimburse the City in the amount of $25,000.00. Funding is available from the Public Arts Program. 8.E. RESOLUTION NO. 43-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA): Approve and adopt Resolution No. 43-07 authorizing execution of a Landscape Maintenance Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for the medians on Atlantic Avenue between Military Trail to McNab Avenue (just west of the I-95 overpass). The caption of Resolution No. 43-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR LANDSCAPE IMPROVEMENTS TO AREAS LOCATED ON ATLANTIC AVENUE FROM MILITARY TRAIL TO MCNAB AVENUE AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. -4- 07/24/07 (The official copy of Resolution No. 43-07 is on file in the City Clerk's office.) 8.F. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (CRA)BUS SHELTERS: Approve Amendment No. 1 to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for reimbursement for the purchase, delivery and installation of a minimum of fifteen (15) bus shelters in the Community Redevelopment area. 8.G. SPECIAL EVENT REQUEST/ART & JAZZ: Approve a special event request to endorse the Art & Jazz on the Avenue scheduled for August 16, 2007 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to the west side of NE/SE 7`h Avenue, Railroad Avenue from Atlantic Avenue north to the north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE ls` Avenue, NE/SE 2na Avenue, SE 3ra Avenue, NE/SE 4`h Avenue, and the Tennis Center Parking lot; and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. 8.H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANTSBEXLEY TRAIL COMMUNITY AND EAGLE PARKS: Approve agreements between the City and the Florida Department of Environmental Protection for reimbursable grants from the Florida Recreation Development Assistance Program (FRDAP) in the amount of $200,000.00 for Bexley Trail Community Park and in the amount of $200,000.00 for Eagle Park for the development of both parks. 8_I. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $34,345.50 to Brigcon Consulting Services, and in the amount of $35,474.25 to South Florida Construction. Funding is available from 118-1924-551-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation) and 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). 8_J. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $25,775.00 to allow the applicant to secure new financing. 8.K. AMENDMENT/CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER): Approve an amendment to the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2005-2006 as required by the U.S. Department of Housing and Urban Development. -5- 07/24/07 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 9, 2007 through July 20, 2007. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Berg Demolition, Inc. in the amount of $21,887.00 for the demolition of the existing Fire Station No. 4. Funding is available from 334-6112-522-62.88 (General Construction Fund/Fire Station No. 4). 2. Contract renewal with G&K Services in an estimated annual cost of $63,350.00 for the rental of uniforms for City employees via the City of Vero Beach Bid #97-41. Funding is available from various departmental budgets. 3. Purchase award to Regal Foodservice Equipment in the amount of $22,287.00 for the purchase of one (1) two compartment rectangular walk- in refrigerator for the Delray Beach Golf Club Restaurant. Funding is available from 445-4761-572-63.90 (Delray Beach Municipal Golf Course Fund/Other Improvements). 4. Purchase award to Duval Ford in the amount of $46,826.00 via the Florida Sheriff's Association Contract #06-14-0821 for the purchase of two (2) 2008 Ford Crown Victoria Police Interceptors for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REOUESTBOYS FARMERS MARKET: Consider a waiver request to the Land Development Regulations (LDR) Section 4.6.5(C), "Height Restrictions", which allows a maximum height of 8 feet (10 feet proposed) for walls located in the rear yard for the Boys Farmers Market located at 14378 Military Trial. (Quasi-Judicial Hearin Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. -6- 07/24/07 Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-193. Mr. Dorling stated this is a waiver request from LDR Section 4.6.5(C) which allows a maximum height of walls within the rear yard to eight feet. He stated this is a request to waive that to allow a ten foot wall along the east property line between the Boy's Market and the Lee's Crossing subdivision. At its meeting of June 27, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class I site plan modification to install a 10-foot high wall and landscaping along the eastern side of the subject property and those also recommended approval of the waiver from eight feet to ten feet. Mr. Dorling stated it is his understanding that the residents from Lee's Crossing desire this added wall to protect them from noise, dust, and the other impacts from Boy's Market. Staff recommends approval of the waiver request. Beril Kruger, 9 N.E. 16th Street, Delray Beach (represents The Boy's Market and he is a Planning and Zoning consultant), stated there has been a lot of problems with dust and noise that has been bothering the people who live in Lee's Crossing. Mr. Kruger stated by putting this wall up along with the landscaping that is required they have agreed to install a hedge and canopy trees (20 feet on center) which will help block noise and any other things that are annoying the people in Lee's Crossing. He stated it is his understanding that the people in Lee's Crossing are in agreement for the approval of this. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of this item to please come forward at this time. Guy Sherman, Attorney representing Lee's Crossing, stated there are many issues that are ongoing and they are hopeful that this is part of a major revamping of the entire back section of Boy's Market and they are currently involved in some litigation with them over these issues. Mr. Sherman stated they are in favor of the ten foot wall; however, they would also like to have the wall on a 4 foot setback from the property line to allow for some of the hedges and landscaping taking away from the fence to soften the impact for the members of the community who live on that side. He also requested that they would like some guidelines as to the maturity of the plantings that are going to be on the other side of the concrete wall and would like these to be mature plantings so that the sound and the dust impact can be minimized as quickly as possible. Mark Behar, 140 West Lee Road, Delrav Beach, stated he lives right in the heart of Lee's Crossing and has the largest backyard (pie shape lot) and has no problem with this wall going up as per the plans that are going to be submitted now. He stated his backyard will abut the wall and would like to see the wall started. 7- 07/24/07 There being no one else from the public who wished to address the Commission, the public hearing was closed. There was no cross examination or rebuttal. Mr. Dorling stated the Class I site plan modification was considered by SPRAB and includes the dimensions for all the landscape material. Mrs. Montague inquired about the timeline for the parking lot. In response, Mr. Kruger stated as it stands right now they are waiting for their civil engineer to get the approval for the traffic light on Military Trail. As soon as the civil engineer gets the traffic light approved (he is supposed to hear by Friday), he has already completed the plans for the paving and drainage in the parking lot. 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. Fetzer moved to adopt the Board Order as presented (approving the waiver), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.B. REQUEST TO EXTEND VALET OUEUE/GAFFE LUNA ROSA: Consider a request from Gaffe Luna Rosa to extend the operating hours of its Valet Parking Queue to start at 10:00 a.m. on weekdays and 9:00 a.m. on weekends. Scott Aronson, Parking Management Specialist, stated this is a request from Gaffe Luna Rosa and they would like to extend their parking queue hours from 11:00 a.m. to 10:00 a.m. during the week and 9:00 a.m. on the weekends. The current operating hours of the queue are from 11:00 a.m. through 11:00 p.m. Currently, the two spaces on the western most portion of the queue are loading bays. The queue is between Salina Avenue and Ocean Boulevard. The request excludes the loading zone spaces. At its meeting of May 14, 2007, the Downtown Development Authority (DDA) recommended approval of the applicant's request (an increase in fees was not discussed because none of the spaces are metered); at its meeting of May 24, 2007, the Community Redevelopment Agency (CRA) recommended approval of the applicant's request with the condition that the weekend starting time be changed from 9:00 a.m. to 10:00 a.m. to allow an extra hour for people visiting other businesses on the weekend to utilize the spaces; at its meeting of June 26, 2007, the Parking Management Advisory Board (PMAB) in a 6 to 0 vote (Krall and Beer recused themselves due to a conflict of interest) recommended approval of the applicant's request to extend the operating hours of its valet parking queue to start at 10:00 a.m. on weekdays and 9:00 a.m. on weekends. Mrs. Montague moved to approve the request from Gaffe Luna Rosa to extend the operating hours of its valet parking queue to start at 10:00 a.m. on weekdays and 9:00 a.m. on weekends, seconded by Mr. McDuffie. Upon roll call the Commission -8- 07/24/07 voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.C. SPECIAL EVENT REQUEST/9`° ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 9t Annual Garlic Festival to be held on the grounds of Old School Square on February 8 -10, 2008, and to grant a temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of--way (NE 1St Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE 1St Street, the southwest section of the Old School Square parking lot) from 6:00 a.m., February 7 through midnight February 10, 2008; use of the Old School Square Parking Garage, the City Attorney lot and the County Parking Garage for event parking, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation and clean up and trash removal; contingent upon the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the 9th Annual Garlic Festival to be held on February 8-10, 2008 to grant a temporary use permit for the use of City rights-of--way to include N.E. 1St Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic Avenue to N.E. 1St Street, the southwest section of the Old School Square Parking Garage, and use of various parking lots. The City is also being requested to supply staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation and clean up and trash removal and waive the 2 hour parking limit in the downtown area during the event. The estimated overtime cost is approximately $24,600.00, signage costs $250.00, barricades $200.00 and trash boxes $400.00, for a total estimate of $25,450.00. Based on the existing Special Events Policies and Procedures, the event sponsor would be required to pay approximately $10,290.00. Proceeds from the event will again be shared with volunteer organizations. This past year approximately $52,000.00 was given to volunteer organizations. Mr. McDuffie moved to approve the special event request for the 9th Annual Garlic Festival per all of staff's recommendations, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PROPOSED CAPITAL IMPROVEMENT (CIP) PROGRAM BUDGET FOR FY 2008 - 2012: Presentation on the proposed Capital Improvement (CIP) Program Budget for FY 2008 - 2012. Richard Hasko, Director of Environmental Services, presented the Capital proposals for next year and Randal Krejcarek, City Engineer, gave a brief PowerPoint presentation of all of the proposed projects in each of the funding sources next year. -9- 07/24/07 Also, Mr. Hasko reviewed the projects that remain to be funded. Mr. Krejcarek stated the proposed Capital Budget is approximately $73,000,000.00 and is made up of several funds. He stated the largest fund is the General Fund which is a little over $10,000,000.00. Mr. Fetzer stated his biggest concern with the millage cut that the City is going to have to do to make the State mandate he did not want to see the City taking more money out of the General Fund to pay for that. Mayor Ellis declared the public hearing open. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, thanked the City of Delray Beach for all it has done with regard to its Capital Budgets over the last few years because Delray Beach is the place to live. He stated Delray Beach is a great city and the reason is because the city has invested its money wisely in Capital Improvement projects which have expanded services to people, added new services to people, and improved overall the quality of the life for everyone. Mr. Smith applauded the effort of the City Commission and suggested that the City have a grant seeker and a grant writer that can bring revenues to this city that we solely need to keep the quality of life in South Florida cities. Mr. Smith agrees that that the City needs a Bond Issue and asked that the City set aside money for outside consultants to analyze the projects for next year. Robert Gamer, President of the Delray Beach Historical Society, stated he did not see his project (the move of the Hunt House) during the presentation. Mr. Ganger stated this has been discussed at approximately 5 Commission meetings and he thought there was general agreement that the Commission would be proceeding. He asked the Commission for the opportunity to meet with them to make sure that they can get just enough to do the project before the house is torn down. Mike Owen, 2150 South Ocean Boulevard #4-E, Delray Beach, complimented staff on the great efforts made in reducing the Capital Budget and hopefully getting it within the guidelines the Commission can work with. Dorothy Ellington, President of the Delray Beach Housing Authority, stated their project is called Villages of Delray and as part of that project they planned to improve S.W. 12`h Avenue. She stated their project has a scheduled beginning date of February 2008 and there are five phases and one of the phases is the improvements on S.W. 12th Avenue. Ms. Ellington stated they will need assistance from the City with those improvements that are planned for S.W. 12th Avenue and will provide a beautified entryway to their project which is at the other end of S.W. 12th Avenue (Carver Estates and Auburn Development). -10- 07/24/07 Matthew Hartley, 2522 L Street (Woods of Southridge), Delray Beach (Vice President of the Woods of Southridge Homeowner's Association), stated he noticed during the Capital Improvement presentation that neighborhood improvements is going to be removed. He inquired if this is meant for 2008/2009 and commented that his neighborhood along with other neighborhoods needs help from the City for improvements. Mr. Hartley urged the Commission to consider funding the Strategic Task Team Grant for 2007/2008. There being no one else from the public who wished to address the Commission regarding the proposed Capital Improvement Program (CIP) Budget for 2008-2012, the public hearing was closed. The City Manager stated staff is looking for direction to move ahead with the Bond Issue of either $20 million (not funding Miller Park at this time) or $25 million (funding Miller Park at this point). He stated either way it is not going to affect the operating budget because of the way the Bond Issues would be structured. Mrs. Montague inquired about the Bond payoff and the difference between doing a $20 million Bond Issue versus a $25 million Bond Issue. Mr. Safford stated many of these projects are already either constructed or in construction. Once staff exceeds the budget in that fund, the City is actually spending General Fund money to loan to that fund until we can get the cash reimbursed. Mr. Safford stated it is more cost effective to put it all together in one bundle as opposed to separating it. If it is separated and we go for another Bond Issue next year, there will be much higher fees. He stated there will be relatively larger financing and legal fees. Mrs. Montague asked how much does this extend the bond by including Miller Park now as opposed to later. Mr. Safford stated the Bond Issue will be a 25 year payback with or without Miller Park. Mr. McDuffie supports this and would seek the Bond Issue for the entire project list presented at the $25 million. Mr. Fetzer stated he too supports the $25 million Bond Issue as well and noted there has been some very hard work done to find more creative financing and also we made some substantial cuts. Mrs. Montague stated she too supports the $25 million Bond Issue and extended a special thanks to the Chamber of Commerce for working with staff and the City to reduce that number and make some really incredible modifications to some of these projects. Mayor Ellis stated the business community was a special help in this and noted that Delray Beach reaches out and finds ways to get information and input that helps when tough decisions need to be made. She commended everyone involved for their efforts. -11- 07/24/07 The City Manager stated at the 9% reduction there is a reduction of $1.2 million in the capital program (he noted this can be discussed more at the time the millage will be discussed). The City Manager stated staff needs direction on whether or not the Commission would like to proceed with the north wing remodeling for City Hall. Manager. Brief discussion continued between the Commission and the City It was the consensus of the Commission to go with the $25 million Bond Issue for 25 years. 10.B. RESOLUTION NO. 41-07: Approve Resolution No. 41-07 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2008 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. The caption of Resolution No. 41-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. (The official copy of Resolution No. 41-07 is on file in the City Clerk's The City Attorney stated this is a resolution that establishes a budget for the stormwater utility system and rates for each parcel within the benefited area. Richard Hasko, Director of Environmental Services, stated the assessment is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $63.96 per ERU. This is the same as the current year assessment. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. -12- 07/24/07 Mr. Fetzer moved to approve Resolution No. 41-07, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 23-07: City initiated text amendment to the Land Development Regulations (LDR) Section 4.6.9(E)(3), "In Lieu Fee", and Section 4.6.9(E)(4) "Public Parking Fee", establishing an expiration period and clarifying the payment amount due. The caption of Ordinance No. 23-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9(E), "LOCATION OF PARKING SPACES", SUBSECTION 4.6.9(E)(3), "IN- LIEU FEE", AND SUBSECTION 4.6.9(E)(4), "PUBLIC PARKING FEE" TO PROVIDE A TIME PERIOD IN WHICH APPROVED IN LIEU OR PUBLIC PARKING FEES SHALL BE VALID AND THE CHARGE FOR SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-07 is on file in the City Clerk's 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. Scott Aronson, Parking Management Specialist, stated Ordinance No. 80- 06 was adopted on January 2, 2007, which created an application process allowing in-lieu parking fee requests to be submitted independently of a site plan modification. During consideration of a recent in-lieu request from the owner of 177 Pineapple Grove Way, a concern that property owners could potentially "bank" in-lieu spaces and lock in at the current rates was identified. To address the concern, the request was conditionally approved with a two year expiration period and the caveat that fees be paid at the prevailing rate as set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. The proposed Ordinance No. 23-07, if approved, will codify the expiration period of two years and establish how to determine the fees to be paid at the time the spaces are purchased. -13- 07/24/07 Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 23-07 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. 10.D. RESOLUTION NO. 39-07/SALE AND PURCHASE AGREEMENT/CANNERY ROW. LLC: Consider approval of Resolution No. 39-07 authorizing the City to purchase certain real property within Palm Beach County, and approve the Purchase and Sale Agreement between the City and Cannery Row LLC in the amount of $530,000.00. The caption of Resolution No. 39-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, .FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 39-07 is on file in the City Clerk's The City Attorney stated this is a resolution which incorporates the sale and purchase agreement for Cannery Row and if the City decides to enter into this sale and purchase agreement, the City still has three options at a later time: (1) to proceed and go ahead with the project or (2) to not purchase anything or (3) to just purchase the land for $200,000.00. Mayor Ellis declared the public hearing open. David Schmidt. representing Cannery Row, LLC, stated there are actually five options under the contract and in addition to going ahead with the deal and purchasing the unit or just buying the land and having it used as a park or not proceeding, the City has the right to assign the contract to the Community Redevelopment Agency (CRA) or the Community Land Trust (CLT) without the developer's consent or find another purchaser to assign the contract to but it would require the developer's consent. -14- 07/24/07 Mr. Schmidt stated there could be some unforeseen delays but as of now Mr. Glickstein is anticipating mid 2009 before proceeding with this building. The City Attorney stated once the City enters into the purchase and sale agreement it really solidifies no retail. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, stated the City's Downtown Master Plan and all of the City's visions for the future has always placed Pineapple Grove as an artsy place where artists live and work. He stated one of the things done years ago was to say that the ground floor should be retail. He stated the City needs box retailers (i.e. bookstore and a foreign film store/theatre, and artists). Mr. Smith stated the property is valuable and he urged the Commission to not give this property back to the developer to put a residence on the ground floor. There being no one else who wished to address the Commission regarding Resolution No. 39-07, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 39-07 approving the Purchase and Sale Agreement between the City and Cannery Row LLC in the amount of $530,000.00, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (Fl' 2007 - 2008): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of federal grant funds. Lula Butler, Director of Community Improvement, stated this is the annual public hearing on the proposed use of the block grant dollars as required by the Department of Housing and Urban Development (HUD). This year the grant amount is proposed at $596,076.00. Grantees are required to have two public hearings per year to obtain the public's views and to respond to proposals and questions. The first public hearing was held in conjunction with the Neighborhood Advisory Council (NAC) from which all the presidents of the HOA's living within the boundaries of the CDBG target area. Mrs. Butler stated there was discussion on the grant but no recommendations separately from what they have represented tonight. She stated the dollars will continue to be spent on the preservation of existing single family unoccupied homes, public facilities, public services, and staff administrative dollars. Staff recommends holding the public hearing and approving the Action Plan allowing them to transmit it to HUD. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding the 2007-2008 Annual Action Plan, the public hearing was closed. -15- 07/24/07 Mrs. Montague moved to approve the 2007-2008 Annual Action Plan, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. 11.B.1. Carolyn Zimmerman, 212 S.W. 2"d Avenue, Delray Beach, stated she has been in Delray Beach for over 20 years and when she first came here they were having a terrible time in the southwest and northwest sections and people felt they were being ignored by the Commission. Consequently, they formed the West Atlantic Property Owners and people started doing business for themselves. She stated they thought since the Commission was not doing what the public wanted that there should be term limitations and it worked. Miss Zimmerman stated she feels Mrs. Ellis is doing a great job as Mayor and urged the Commission to listen to people from all over the city and not just groups. Miss Zimmerman complimented the City Manager for doing a fantastic job and stated several others feel the same way. In addition, she stated there are two newspapers that did an editorial on thinking that the City Manager is a decent human being and a good City Manager. Miss Zimmerman stated she does not see any reason for the City Manager to step down and there are many people who appreciate him. 11.B.2. Bunny Elrod, 302 S.W. 1St Avenue, Delray Beach, stated there are so many interesting things going on and people should be able to easily access the Commission meetings by cable TV. Mrs. Elrod stated Delray Beach is a fascinating city with an interesting new City Commission with fabulous things going on. She stated Progressive Residents of Delray (P.R.O.D.) has looked into the cost of what it would take to do this and noted it is not as expensive as everyone thinks and she feels it would benefit everyone. She suggested that the City go to cable live coverage so that people who are elderly and cannot drive at night or are ill or have families that they have to serve dinner to, could be sitting in their homes watching the City Commission meetings on cable television. Mrs. Elrod urged the Commission to reconsider this and stated the surrounding cities have had this for a long period of time and it is very successful. 11.B.3. Dorothy Ellington, Chairman of the Roots Cultural Prayer Breakfast, extended an invitation to the City Commission, the City Manager, and staff to the Roots Cultural Festival Annual Prayer Breakfast being held on Saturday, August 11, 2007 at 8:00 a.m. -16- 07/24/07 11.B.4. Dave Turner, 159 Marine Wav, Slip #13, Delray Beach, commented about the Workshop Meeting and the City Commission's suggestion to increase the dockage rate by 55%. He stated he feels they are being unfairly taxed with a 55% increase in living expenses without a clear budgetary reason. Mr. Turner asked what it costs to run the marina and if the current rates are carrying the marina costs today. He stated the Delray Beach marina has 24 slips when most others have 100-200 slips. Also, there is no staff onsite full-time or security. He stated the bathrooms, washer and dryer are the only amenities available to them but they do have a small community that offers residents and visitors alike a place to walk and view their boats. Mr. Turner expressed concern that the City is proposing to raise the marina rates at a time when real estate values are down over 40% throughout Florida with 75,000 listings in Palm Beach County. He stated Delray businesses are experiencing their worst year in decades and sales tax revenues are declining. Mr. Turner stated if this is a budgetary concern then they along with a group of residents are willing to purchase the marina from the City of Delray Beach to relieve the City of its obligation. 11.B.5. Janet Maler, 159 Marine Wav, Slip #17, Delray Beach, resident of the City Marina for the past 15 years and a resident of Delray Beach for approximately 27 years, stated she is a professional boat captain so she has had the opportunity to travel from the Canadian coast to Key West, the Bahamas and Mexico and noted she has had a lot of experience going in and out of the marinas throughout this continent. She stated she does not consider Delray Beach a marina at all by definition but considers the marina a City sidewalk with ten wooden docks compared to the large marinas advertised in newspapers and the prices that the Delray Marina is being compared to. Ms. Maler stated she does not feel it is fair that they have been compared to Fort Lauderdale, known as the Yachting capitol of the world, price rates and Palm Beach which is one of the most exclusive areas on the coast. She stated Delray Beach is a village by the sea and she does not feel they fit into these categories. 11.B.6. Joe Carey, 159 Marine Wav, Slip #15, Delray Beach and also lives in Dillon, Colorado, stated what separates Delray Beach from other people is that we are truly friendly people and he feels this is extremely important to maintain. Mr. Carey stated he would like to meet with each Commissioner and explain their plans for the marina and the burdens they think they can possibly relieve from the City of Delray Beach. 11.B.7. Preston Claytor, 159 Marine Wav, South Slip #1, Delray Beach, expressed concern over the 55% rent increase to store his boat at the marina. He stated he spent $2,000.00 of his own money to make his slip safe so that he would not damage his boat or the docks at the marina none of which was reimbursed by the City. Mr. Claytor stated the ice machines and the building is an expense to the City but is also a benefit to City workers who use it on a regular basis. He urged the Commission to reconsider the 55% marina rate increase. -17- 07/24/07 11.B.8. Tom Gymrik, 159 Marine Way, Slip #18, Delray Beach, distributed a survey to the Commission of all the marinas up and down the coast of Florida. He stated they all have higher rates than the Delray Beach marina does and each of these marinas has a considerable list of amenities that the Delray Beach marina does not offer. Mr. Gymrik stated for the most part he is pretty happy being where they are with the amenities that are available to them at this time. He urged the Commission to review the survey and use this in their judgment about passing the rate increase. 11.B.9. Alice First, 707 Place Tavant, Delray Beach, expressed concern over things that were done last year in the budget. She stated her particular concern is that the City website and the Granicus contract both state that "the computer live streaming video and live radio on our 1620 emergency broadcast system are provided." Mrs. Finst asked if the City is paying for something they did not get or has the City chosen not to use it. She stated she would like to see these services turned on immediately. 11.B.10. Kevin Warner, 248 Venetian Drive, Delray Beach, stated he is proud of the work the Commission has done in the last few weeks with regard to the budget. He encouraged the Commission to get anyone who has serious concerns about how things are being handled to come to the microphone and put things out in the open so that people who are at these meetings can hear what they have to say freely and openly without having to filter through newspaper reporting. 11.B.11. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, stated he is disgusted by the comments made by our former Mayor as reported in the Sun-Sentinel News. Mr. Smith stated he fully supports Mayor Ellis and this Commission in its efforts to do the peoples' agenda instead of pursuing selfish interests. He encouraged the Commission to announce that they will evaluate the City Manager appropriately in private at salary review time and urged the Commission to work together for the good of Delray Beach. At this point, the time being 8:23 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 24-07: City initiated amendment to the Land Development Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent", to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area. If passed, a public hearing will be scheduled for August 7, 2007. The caption of Ordinance No. 24-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT -18- 07/24/07 REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS". SUBSECTION 4.3.4(x), "DEVELOPMENT STANDARDS MATRIX ", AND SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.6,(A) "PURPOSE AND INTENT", TO ADD REFERENCES TO THE CARVER ESTATES OVERLAY DISTRICT AND INFILL WORKFORCE HOUSING AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of the Ordinance No. 24-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a corrective amendment to add references to the Carver Estates Overlay District and Infill Workforce Housing Area to the "Purpose and Intent" statement contained in the RM (Multiple Family Residential -Medium Density) zoning district. As well as to add a reference to it in the Matrix in Land Development Regulations Section 4.3.3. Mr. Dorling stated this should have been done before; however, this wording was inadvertently left out and this is a correction. Mrs. Montague moved to approve Ordinance No. 24-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 25-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.2, "Notice Requirements", and Section 2.4.3(K), "Fees", to provide for an increase in the Development Applications, Plan Check Fees and Building Permit Fees. If passed, a public hearing will be scheduled for August 7, 2007. The caption of Ordinance No. 25-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS"; SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT -19- 07/24/07 APPLICATIONS", 2.4.3(x)(2), "PLAN CHECK FEES", AND 2.4.3(x)(3), "PERMIT FEES", TO PROVIDE FOR CERTAIN COSTS TO BE PAID BY AN APPLICANT AND TO INCREASE THE DEVELOPMENT APPLICATION, PLAN CHECK FEES AND PERMIT FEES CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 25-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the City Commission directed staff to process changes as needed every two years. In 2005, an LDR amendment was processed that increased the development application fees by 5% as well as provided for significant adjustments for zoning verification letters and for Certificates of Appropriateness (COA) requests as they related to demolitions, new construction and additions in historic districts that required Board review. Staff has researched adjacent municipality fee schedules for similar development activities and has determined that an additional increase in the Development Application fees of 5% is justified. Staff is also proposing an increase from $750.00 to $850.00 for the fee for the North Beach/Seagate and Ocean Neighborhood Overlay Districts to reflect increases proposed in the renewal contract between the City and Urban Design Studio and a new fee for advertising and recording costs. Mr. Dorling stated staff met with the Community Improvement department and they have some fee increases again consistent with the policy of the City Commission to revisit these. Staff is also recommending a plan check fee calculated at one half of the assessed permit fee be paid when building plans are submitted for application, thus requiring the plan check fee for all permit applications regardless of the construction value. Staff was finding that many people were coming in for building applications and then not picking up their permits. Staff would expend all the time and effort to do that and then not recover any of those fees. This encourages people to pick up the permits once they start the process. At its meeting of July 16, 2007, the Planning and Zoning Board considered the text amendment and they recommended approval on a 4 to 0 vote. Mr. McDuffie moved to approve Ordinance No. 25-07 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 26-07: City initiated amendment to the Land Development Regulations (LDR) enacting Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide procedures for handling and processing requests for accommodation from the City's Code. If passed, a public hearing will be scheduled for August 7, 2007. -20- 07/24/07 The caption of Ordinance No. 26-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTR.ATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is an amendment to accommodate some recent court cases in adjacent communities showing that the City needs to do this. At its meeting of July 16, 2007, the Planning and Zoning Board considered the amendment and recommended approval on a 4 to 0 vote. Mrs. Montague moved to approve Ordinance No. 26-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 27-07: City initiated amendment to the Land Development Regulations (LDR) amending Section 4.4.13, "Central Business District (CBD)", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", to clarify the maximum allowed residential density in the West Atlantic Avenue Neighborhood. If passed, a public hearing will be scheduled for August 7, 2007. The caption of Ordinance No. 27-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS -21- 07/24/07 (CBD) DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO CLARIFY RESIDENTIAL DEVELOPMENT IS ALLOWED AS A CONDITIONAL USE IN THE CBD ZONED PORTION OF THE WEST ATLANTIC AVENUE NEIGHBORHOOD UP TO A MAXIMUM OF 30 UNITS PER ACRE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the density threshold triggering the requirement for conditional use approval is established at greater than twelve dwelling units per acre (12 du/ac), but there is currently no maximum density specified. The Comprehensive Plan specifically limits the maximum density to 30 units per acre within the West Atlantic Redevelopment Area; this amendment will clarify the maximum density in the Land Development Regulations and provide consistency between the Land Development Regulations and the Comprehensive Plan. It is noted this has always been the intent of the Land Development Regulations, but this language was inadvertently left out when the language was modified by Ordinance No. 64-04. Mr. McDuffie moved to approve Ordinance No. 27-07 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 12.E. ORDINANCE NO. 28-07: City initiated text amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances, by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", regarding the increase of Parking Meter Fees, east of the Intracoastal Waterway from $0.75 to $1.00 per hour. If passed, a public hearing will be scheduled for August 7, 2007. The caption of Ordinance No. 28-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN METERED SPACES", TO PROVIDE FOR THE METER FEE CHARGED AND THE PARKING LOTS AFFECTED; -22- 07/24/07 PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-07 is on file in the City Clerk's office.) 1. EXTEND PARKING METER TIMES: Consider approval of extending parking meter times to 8:00 p.m. on Ocean Boulevard and requiring payment at metered spaces located in Orange Grove, Ingraham Avenue, Gleason, Atlantic Dunes Park, Anchor Park and Sandoway Park parking lots at all times the lots are open. The City Attorney read the caption of the ordinance. Scott Aronson, Parking Management Specialist, stated Ordinance No. 28- 07 is an amendment to the City's Code of Ordinances related to parking fees. Section 71.058 of the City Code of Ordinances establishes the parking meter fees at $0.75 per hour on Ocean Boulevard (SR AlA), Atlantic Avenue, the Marriott Hotel lot North, Sandoway Lot, Ingraham Lot, Atlantic Dunes Lot, Anchor Lot, and the Gleason Lot. Ordinance No. 14-90, adopted on Apri124, 1990, established those fees at $0.75 per hour. Mr. Aronson stated due to the increased costs in servicing the meters, replacement and repair of malfunctioning units and increased labor costs associated with managing the parking meter program, staff recommends an increase to those fees to $1.00 per hour. Mr. Aronson stated in the Agenda backup staff has provided a comprehensive research of neighboring cities along the coast and what they charge for parking fees. Mr. Aronson stated part of this proposal is to extend the time periods when the meters need to be paid for. In 2002, employees were parking along Atlantic Avenue in the prime spaces at 4:00 p.m. and 5:00 p.m. when they started their shifts and the parking ended at 6:00 p.m. Therefore, they were able to park in those prime spaces all night. Staff has extended the time period to 8:00 p.m. Payment requirements for on- street parking spaces should be consistent. While payment at all meters starts at 8:00 a.m. payment on Ocean Boulevard and the lots ends at 6:00 p.m. Staff recommends that this also be extended to 8:00 p.m. With regard to the parking lots, he stated they open at 8:00 a.m. and close at varying times (some at dusk and some at 10:00 p.m. or 8:00 p.m.). Parking fees are only required until 6:00 p.m. and staff recommends that of all hours of operation of the parking lots that parking meter fees should be required until the lot is closed. Mrs. Montague stated if this were approved how would the businesses be notified. In response, Mr. Aronson stated staff would do public service announcements and some education. Mrs. Montague expressed concern that proper notification is sent out allowing people enough time so that they realize the fees and timeframes have changed. The City Manager suggested that the City use some temporary signage and stated staff is only talking about Ocean Boulevard. Mr. Aronson stated staff can ask the Downtown Development Authority (DDA) for assistance and have some of the stores put - 23 - 07/24/07 up flyers. Mayor Ellis asked if this has been a problem. Mr. Aronson stated the only change was in late 2002 early 2003 when Atlantic Avenue was metered between the Intracoastal and Ocean Boulevard for the first time. There were a lot of regular customers out of force of habit who would jump out of their car and go into a coffee shop, etc. However, the Police Department was very cooperative in using some discretion as long as they did not see the same person at the counter getting a ticket voided. He stated the Police Department did a great job in educating those that did not understand. Staff can do something similar if the Commission so desires. Mr. Fetzer moved to approve Ordinance No. 28-07 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to approve to extend the parking meter time to 8:00 p.m. on Ocean Boulevard and to charge all the time that the lots are open, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:37 p.m., the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. SPECIAL EVENT REQUEST/PALM BEACH COUNTY FIREFIGHTER AND PARAMEDIC CHILI COOK-OFF: Consider approval of a special event request for the l It Annual Palm Beach County Firefighter and Paramedic Chili Cook-Off (first time held in Delray Beach) sponsored by the Professional Firefighters Paramedics Benevolent Fund, Inc., proposed to be held on October 20, 2007 from 11:00 a.m. to 11:00 p.m., and authorize staff support for traffic control and security, EMS assistance, site clean up and trash removal, event signage; use of the Old School Square Parking Garage, City Attorney lot, County Courthouse Garage and Library Lots and Parking lots in Block 60; contingent upon sponsor providing the certificate of event liability insurance and certificate of alcohol liability insurance ten (10) days before the event, a copy of the rental agreement with Old School Square ten (10) days prior to the event; event sponsors will pay 100% of the City costs, and that the City man and collect parking fees if charged for the City lots and County lots required for use. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider approval of the 11th Annual Palm Beach County Firefighter and Paramedic Chili Cook-Off (first time held in Delray Beach) sponsored by the Professional Firefighters Paramedics Benevolent Fund, Inc. proposed to be held on Saturday, October 20, 2007 from 11:00 a.m. to 11:00 p.m. Commission is also requested to provide staff support for traffic control and security, EMS assistance, site clean up and trash removal, event signage and use of the Old School Square Parking Garage, City -24- 07/24/07 Attorney lot, County Courthouse Garage and Library lots and CRA parking lots in Block 60. This event will be gated with an $8.00 admission charge. Alcoholic beverages will be sold, and the event will feature food and beverage vendors, as well as entertainment. Estimated costs for City services are $6,045.00 for staff overtime, $250.00 for signage and $200.00 for trash boxes. Although this is the 11th Annual event, it is the first time it is being held in Delray Beach and based on past interpretation of the Special Event Policies and Procedures; it would be considered a first time event with no charge. The event sponsor is also asking for the use of four (4) parking lots for reserved and paid parking. The request to use the CRA lot needs to be made directly to the CRA. The Old School Parking Garage may not be completed in time for this event and staff recommends that this be added as a condition. Staff recommends approval of the event and staff support as requested with the following conditions (charging the event sponsors 100% of the City costs) because this is a new event. Mr. Barcinski stated Nancy Stewart has informed him that she objects to this and would like the percentage to be less. He recommended if the Commission does not want to take staff's recommendation then to at least recommend that we make it contingent upon the event policies and procedures that would be in place on October 20, 2007. Mr. Fetzer stated as he understood it the City's new event policy (assuming we adopt that with the new budget) would go into affect in the new fiscal year (2007/2008). He stated it would be more consistent to state that this is the event policy in affect at the time. Mayor Ellis concurred with comments expressed by Commissioner Fetzer. Mrs. Montague asked if this is going to include condition #4. In response, Mr. Barcinski stated Mr. Fetzer's recommendation would substitute condition #4. Mr. McDuffie moved to approve of the Special Event Request for the Annual Palm Beach County Firefighter and Paramedic Chili Cook-Off on October 20, 2007 from 11:00 a.m. until 11:00 p.m. subject to the staff conditions with condition #4 modified to read per the new event policy as of the date of the event and that the parking lots will be made available as they are made available to the City, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.E. RESOLUTION NO. 42-07/30th ANNUAL ROOTS CULTURAL FESTIVAL FAMILY DAY IN POMPEY PARK: Consider approval of Resolution No. 42-07 supporting and endorsing the 30t Annual Roots Cultural Festival. This year's events include the Academic Olympics being held on July 28, 2007 from 9:00 a.m. to 5:00 p.m. at Pompey Park, Family Fun Day on August 4, 2007 from 9:00 a.m. to 8:00 p.m. at Pompey Park, Parade on August 10, 2007 starting at 6:30 p.m., Prayer Breakfast on August 11, 2007 from 7:00 a.m. to 10:00 a.m. at Pompey Park, the Festival being held at Old School Square on August 10, 2007 from 6:45 p.m. to 11:00 p.m. and August 11, 2007, 11:00 a.m. to 11:00 p.m. and the Gospel Fest August 12, 2007 from noon until 8:00 p.m., and grant a temporary use permit per LDR Section 2.4.6(F) for the use of City -25- 07/24/07 facilities, rights-of--way and parking lots, and to authorize staff support for security, traffic control, EMS assistance, barricading, banners on the event site and event signage to be posted ten (10) days prior to the event, and cleanup and trash removal, waiver of Pompey Park rental fees and Pompey Park staff overtime contingent upon sponsor providing a hold harmless agreement, certificate of event liability insurance, and certificate of alcohol liability insurance. The caption of Resolution No. 42-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF THE THIRTIETH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 42-07 is on file in the City Clerk's office.) Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve Resolution No. 42-07 which supports and endorses the 30tH Annual Roots Cultural Festival. This year's events include the Academic Olympics held on July 28, 2007 from 9:00 a.m. to 5:00 p.m. at Pompey Park, Family Fun Day on August 4, 2007 from 9:00 a.m. to 8:00 p.m. at Pompey Park, a Parade on August 10, 2007 starting at 6:30 p.m., the Prayer Breakfast on August 11, 2007 from 7:00 a.m. to 10:00 a.m. at Pompey Park, the Festival at Old School Square on August 10, 2007 from 6:45 p.m. to 11:00 p.m. and August 11, 2007 from 11:00 a.m. to 11:00 p.m. and the Gospel Fest on August 12, 2007 from noon until 8:00 p.m. Staff also requests approval to grant a temporary use permit for the use of City rights-of--way and parking lots and authorize staff support as requested. The Commission is also being asked to waive rental fees and staff overtime costs for the Family Fun Day and other events at Pompey Park, to waive large stage rental fees and overtime costs, to provide use of City Hall parking lot for paid parking. The weekend festival will be gated with a charge of $5.00 per person and alcoholic beverages and food will be served. Mr. Barcinski stated with the current event policies and procedures would be approximately $6,900.00 without waiving Parks Maintenance staff costs and this would include the stage rental of $1,597.00. Staff recommends approval of Resolution No. 42-07, approval of the temporary use permit, approval of banners on the event sites and event signage (to be placed no more than 10 days prior to the event), staff support as requested, use of the City Hall Parking lots by the event sponsor for paid parking, use of other parking lots for reserved parking, use of the City generator, waiver of Pompey park rental fees and Pompey Park staff overtime contingent on the receipt of the Hold Harmless Agreement, Certificate of Event Liability Insurance, and the Certificate of Alcohol Liability Insurance. -26- 07/24/07 Mrs. Montague moved to approve the event and Resolution No. 42-07 subject to staff's recommendation, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.F. PROTEST TO DEBRIS CONTRACT AWARDSBAMACO, INC.: Consider a request to allow Bamaco, Inc. the opportunity to present their objection to the selection awards and provide direction regarding whether to add Bamaco, Inc. back to the list of qualified contractors to receive an awarded contract. The City Attorney stated the City received a protest from Bamaco, Inc. Staff has determined that the protest is not timely; however, out of fairness the decision to weed them out of the lineup of three came at the last minute. Therefore, the City Attorney stated they will be given the opportunity to speak and staff is not necessarily asking to disturb the award that has already been done. The Commission may decide to add Bamaco, Inc. to the list if they so desire. Steve Girk, Attorney, 6274 Linton Boulevard, Suite #100, Delray Beach, representing Bamaco, Inc., stated Bamaco, Inc. was the low bidder and they were one of the three recommended companies. Approximately three hours before the Special Meeting on July 17, 2007, there was a message to one of Bamaco's employees cell phone stating that information has been obtained that Mike and his brother David (who has no connection with the company) had been indicted in prior dealings which is false. Mr. Girk stated there were also litigations stemming from work done in Pine Bluff, Arkansas. He stated David Mitchell, whose company David Mitchell Construction was involved in the issue regarding whether FEMA payments were made or not, is not connected with Bamaco, Inc. Mr. Girk stated Bamaco, Inc. was the low bidder and they should be inserted as a qualified contractor and in the first position as the prime contractor. He asked the Commission to reconsider and advise them of what steps to take to make sure this is addressed. The City Attorney stated these contracts were not awarded in any particular order. Joseph Safford, Finance Director, clarified that this was a Request for Proposal (RFP) not a bid. Staff gave all the prospective firms a quantity of cubic yardage to extend their prices so that staff could see what their pricing was going to be. Mr. Safford stated the qualifications of the firm, reputation of the firm, the history of the firm and list of contracts was just as important as price. He stated none of the three firms are recognized as one over the other and they are all prime contractors. Mr. Safford stated FEMA wanted the City of Delray Beach to have at least two contractors. Dependent upon the severity of the storm and the damage, the City can execute contracts with one, two, or all three in any order. The City is under no obligation under the Selection Committee of talking with any of their respondents. As a courtesy, when the City -27- 07/24/07 became aware of the questioned legal proceedings, staff made an attempt to contact Bamaco, Inc. Mr. Safford stated Bamaco, Inc. had previously called and assigned a certain person as the project manager and he called and left a message because the project manager did not respond to the telephone call. He stated there were only a few hours before the Commission meeting and he was conducting the research based upon the allegation to see if there was anything to it because they were one of the awarded respondents. Mr. Safford was directed to the City Attorney's office by the City of Pine Bluff and the City Attorney advised him that there was a settlement agreement and as part of the settlement agreement they could not say anything. Therefore, Mr. Safford stated he does not know the particulars of the case. Mr. Safford stated as a member of the Selection Committee he wanted to recommend to the Commission three reputable contractors with clean records in order to handle the City's debris and who also had excellent records with FEMA. Mr. Safford stated there were several other competent firms and staff recommended that Bamaco, Inc. be disqualified and put in the next person on the qualified list. Mr. Safford stated being long-term contractors he is sure all of the firms have some form of litigation in their past. Whether it is serious or not, the City has talked with FEMA representatives and the FEMA State Representative on all of the contractors to see if there was anything they had knowledge of. They did not have anything wrong with Bamaco, Inc., D&J, or Storm Recreation Services (SRS) Inc., etc. and they are not on any national black list. Mr. Safford stated staff had that one fact prior to the Commission meeting and did not see a reason to bring Bamaco, Inc. forward if there were other qualified vendors. The City Attorney asked if there is any prohibition against having four for the FEMA list. In response, Mr. Safford stated there is no prohibition at all against having four. He stated if the Commission decides to add Bamaco, Inc. then there will be four prime contractors and that the City can execute contracts with any of them or all of them. Mr. Fetzer asked if there is any downside to adding a 4th contractor now. In response, Mr. Safford stated there is not any downside; however, when there is a storm and there is damage all contracts are reviewed by FEMA and he feels FEMA would want the City of Delray Beach to justify why the City did not go with the lowest priced firm. Mrs. Montague wants to ensure that Bamaco, Inc. understands under what circumstances they will be contracted out and that they understand they are not number one in the choices and that there is no ranking order. Mrs. Montague stated it is her understanding that it is the City's discretion as to who is selected and under what circumstances the contract is written and the company is utilized at their time. Mr. Girk stated he understands that it is the City's choice and there is no ranking. Mr. McDuffie asked that this be explicitly spelled out in the contract. -28- 07/24/07 Mr. Fetzer moved to add Bamaco, Inc. as an additional 4`h contractor for debris removal, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. 9.G. CLAIM OF ROY MICHAEL MERCADO AGAINST THE CITY OF DELRAY BEACH: Consider a Settlement Offer in the Claim of Roy Michael Mercado against the City of Delray Beach. Staff recommendation is settlement. At this point, Mr. Fetzer stepped away from the dais. The City Attorney stated this is the claim for Mr. Mercado against the City of Delray Beach regarding a car that was transported to Beck's Towing. The owner was not notified by the Delray Beach Police Department and the truck was sold by Beck's. The settlement amount is $16,000.00 and staff recommends approval. Mrs. Montague moved to approve the Settlement Offer of $16,000.00 in the Claim of Roy Michael Mercado against the City of Delray Beach, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. 9.H. SETTLEMENT OFFER IN KRISTOPHER BAYNE v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $19,900.00 in Kristopher Bayne v. City of Delray Beach. Staff recommendation is acceptance. The City Attorney stated this is the case of Kristopher Bayne due to an injury he received where a roadway allegedly had a grading issue. The medical expenses, to date, are $41,288.28 and the settlement amount is $19,900.00. Staff recommends approval of the settlement offer. Mrs. Montague moved to approve the settlement offer in the amount of $19,900.00 in Kristopher Bayne v. City of Delray Beach, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 9:09 p.m., the Commission moved to Item 9.L. and Commissioner Fetzer returned to the dais. 9.L. PROPOSED MILEAGE RATE: Consider approval of a proposed millage rate for FY 2008, and set the budget review and adoption schedule. The City Manager stated staff has outlined a variety of options for setting the millage and Commission has also received an email that shows the revenue that would be generated by various reductions below the roll back rate in 1% increments. He suggested that the Commission consider setting the millage at the roll back rate and then staff can work to reduce it below that. The City Manager stated another approach is to wait until next week to set a proposed millage and in that length of time staff could provide the Commission with a recommended budget to get it as much below the roll -29- 07/24/07 back rate as possible. He stated he indicated previously that he is concerned about the 9% cut; not only is the City eliminating positions, but they are not putting the money into maintenance of the facilities which is really needed. As discussed with the capital budget, approximately $1.2 million is being cut. The City Manager asked the Commission for direction and stated a proposed millage needs to be set so that property owner's notices can be generated by the Property Appraiser's office and sent out. The City Manager stated if the Commission chooses to not vote on the proposed millage rate at this time, a Special Meeting would have to be set up no later than July 31, 2007 to address the adoption of a proposed millage rate. The City Manager would like to generate a proposed budget and also discuss ways of generating additional revenue and cost cutting measures. He would like to provide this to the Commission no later than Friday, July 27, 2007. Mr. Fetzer concurs with the City Manager and would be in favor of holding a Special Meeting and commented that hopefully we will have a full Commission. Mayor Ellis concurred with Mr. Fetzer and stated the Commission is a team and a missing member creates a gap in their ability to operate as that team. She feels the City of Delray Beach is getting penalized (9%) for doing the right thing by paying and reinvesting in the community. Mayor Ellis stated this is already in litigation whether or not this is constitutional and agrees that the Commission needs as much information as possible to review. She stated the City of Delray Beach is an exemplary city that is the envy of the state and encouraged everyone to have as much information as they can to weigh every issue (i.e. maintenance of the City buildings and the parks). Mayor Ellis stated the way this was put on really made the successful cities end up having to pay the most. She believes we have to do the best we can to reduce the taxes for the citizens of Delray Beach and weigh the consequences of how much it will cost next year and the year after that. She supports adding another Special Meeting and that we should do whatever it takes. Mrs. Montague concurred with comments expressed by Mayor Ellis and Mr. Fetzer that the citizens of Delray Beach do require some sort of tax break and what also protects the quality of life that everyone has worked so hard to maintain. She stated the City Manager has a pretty good idea of what specific projects the City is trying to retain. Mrs. Montague stated the City wants to give tax breaks but at the same time continue to move our city forward. Mrs. Montague stated the 9% penalty is coming from the fact that the City of Delray Beach has had so much success and because we are a national model. She noted that the State mandate for the City of Boca Raton and the City of Boynton Beach is less of a percentage compared to the City of Delray Beach. Mrs. Montague stated she would like the City Manager to come back with one number and be able to discuss that number. Also, out of respect for Commissioner Eliopoulos who is absent this evening and who had some great concerns, Mrs. Montague asked the City Manager to take what each Commissioner has inquired about and come up with recommendations. Mrs. Montague also asked the City Manager to look at the IT building and the City Hall renovation and see if and or how that can work into the overall budget. -30- 07/24/07 Mr. McDuffie stated the Commission received many compliments this evening about how hard everyone has worked and how much diligence staff has exercised to reduce the capital projects, etc. He stated that is the measure of the All- America City that we get together and use innovation and find ways to get the job done. Mr. McDuffie supports holding a Special Meeting to discuss the proposed millage rate and see what else staff can find but he believes it sends the wrong message to the taxpayers if we thumb our nose at the Legislature and the Governor and vote to eliminate some of this roll back. Mr. Fetzer concurred with Mr. McDuffie and he too expressed concerns. It was the consensus of the Commission to give direction to the City Manager to hold a Special Meeting on Tuesday, July 31, 2007 at 6:00 p.m. in the Commission Chambers for the adoption of the proposed millage rate. At this point, the time being 9:20 p.m., the Commission moved back to Item 9.I. of the Regular Agenda. 9.I. FEDERAL LOBBYING CONTRACTS/ALCALDE AND FAY/ARTEMIS STRATEGIES: Provide direction regarding whether to send a notice of cancellation to Alcalde and Fay and Artemis Strategies for federal lobbying services. Doug Smith, Assistant City Manager, stated the City Commission approved contracts for two federal lobbying firms that the City of Delray Beach contracted with earlier this year. The City Commission decided to review the contracts in six months to determine how to proceed. The two firms selected on February 20, 2007 were Alcalde and Faye and Artemis Strategies. Both of the firms contracts require that they are given a thirty day notice before a contract would be cancelled. Mr. Smith stated when the City selected the firms staff assigned certain projects to one firm and certain projects to the other firm. Alcalde and Fay took the Old School Square, Beach Renourishment (the park, etc.) and Traffic Calming projects and Artemis Strategies with the South Central Wastewater Plant Expansion and mobile command vehicle for police, fire and other uses. In addition, Mr. Smith stated there is additional support on one of the projects and it is through a membership that the City of Delray Beach has with the Florida Shore and Beach Preservation Association which is a group of coastal communities dedicated to preserving beaches here in Florida. He stated through a portion of their organization, Beach Watch, we have support at both the federal and the state level for those beach projects only. Mr. Fetzer moved to approve to give a thirty (30) day cancellation notice from tomorrow's date of July 25, 2007 to Alcalde and Fay and Artemis Strategies for lobbying services, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. -31- 07/24/07 9.J. SEACREST SOCCER COMPLEX PRECONSTRUCTION SERVICES PROPOSAL/THE WEITZ COMPANY: Consider a request to approve and authorize the preconstruction services for the Seacrest Soccer Complex (formerly called Atlantic Soccer Complex) proposal and related agreement associated with the Construction Management at Risk Service contract. The scope of services is listed in Article 2.1 of the agreement and the total fee for this phase is $25,012.00. This represents approximately 0.75% of the current estimated project construction cost of $3,300,000. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer Complex). Richard Hasko, Director of Environmental Services, stated Item 9.J. and Item 9.K. were postponed from the last regular meeting. The City Commission wanted to get a better picture of what the capital programs are going to be like. Mr. Hasko stated Item 9.J. is the preconstruction services proposal for the Weitz Company for the Seacrest Soccer Complex in the amount of $25,012.00. Mr. Hasko stated there is a typographical error to the project construction cost and noted the $3,300,000.00 should read $2,700,000.00. The City Attorney stated staff has made some modifications to the contract that will apply to both Items 9.J. and 9.K. This is to make sure if the Commission decides they want to enter into the contract, that after or during preconstruction if staff feels they do not want to go further, then the Commission has a way to get out of the contract without incurring extraordinary expenses. Mr. McDuffie moved to approve the preconstruction services for the Seacrest Soccer Complex (formerly called Atlantic Soccer Complex) proposal and related agreement associated with the Construction Management at Risk Service contract as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.K. MILLER PARK PRECONSTRUCTION SERVICES PROPOSAL/THE WEITZ COMPANY: Consider a request to approve and authorize the preconstruction services for the Miller Park proposal and related agreement associated with the Construction Management at Risk Service contract. The scope of services is listed in Article 2.1 of the agreement and the total fee for this phase is $30,345.00. This represents approximately 0.05% of the current estimated project construction cost of $5,700,000. Funding is available from 380-4150-572-63.32 (2004 G.O. Bond/Neighborhood Parks). Mr. McDuffie moved to approve the Miller Park preconstruction services for Miller Park proposal and related agreement associated with the Construction Management at Risk Service contract as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. -32- 07/24/07 9.M. DISCUSSION/VIDEO STREAMING: Discussion regarding Commission Meeting Video Streaming and public comments. The City Manager stated as he previously stated to the Commission via email, staff thought they were following the majority opinion of the Commission by not including public comments. The City Manager suggested that the City can video stream live if the Commission wished to do so. Mr. Fetzer stated he is disappointed over the negative publicity that the City of Delray Beach has received over this issue. Mr. Fetzer stated he was in the planning sessions where this was discussed and in his opinion, he never wanted anything edited out of the video streaming. Prior to the vote, brief discussion followed between the City Manager and Commissioner Montague. Mr. Fetzer moved to not edit public comments out of the video streaming and broadcast live, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. 9.N. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular members to the Education Board for two (2) year terms ending July 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4), Mayor Ellis (Seat #5) and Commissioner Eliopoulos (Seat #1). Due to the absence of Mr. Eliopoulos, his appointments have been deferred to the next regular meeting of August 7, 2007. Mr. Fetzer moved to reappoint Perry Stokes as a regular member to the Education Board for a two year term ending July 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to reappoint Marlo Belkin as a regular member to the Education Board for a two year term ending July 31, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to reappoint Catherine DeMatto as a regular member to the Education Board for a two year term ending July 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. - 33 - 07/24/07 Mayor Ellis stated she wished to reappoint Sandra Tobias. Mrs. Montague so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.0. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint four (4) regular members to the Public Art Advisory Board to serve two (2) year terms ending August 2, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), and Commissioner Montague (Seat #4). Due to the absence of Commissioner Eliopoulos, his appointment has been deferred to the next regular meeting of August 7, 2007. Mr. Fetzer moved to reappoint Kevin Rouse to the Public Art Advisory Board as a regular member for a two year term ending August 2, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to reappoint Carolyn Pendelton-Parker to the Public Art Advisory Board as a regular member to the Public Art Advisory Board for a two year term ending August 2, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montage stated she would like to defer her appointment to the next regular meeting of August 7, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he had a good week in West Virginia last week and spent the week re-roofing a house for a retired coal miner with black lung disease. He stated it was hard physical work but very rewarding. Secondly, he stated the City is now in the midst of a trial with eCivis which is a grant finding source. Both Langton Associates and Artemis send the City grant material but you have to search through it to find something that applies to the City and most of it does not. eCivis has developed ways of finding grants that you are interested in and they will send it to you and will assist in grant preparation and the cost is approximately $19,000.00 per year. The City Manager stated the City of Boynton Beach is currently using this and eCivis has a successful track record with other cities. The City Manager stated staff is very interested in this and expects to bring an agreement to the Commission in the near future. -34- 07/24/07 13.B. City Attorney The City Attorney stated the Court denied the rehearing request of the County in the City's dispatch case. She stated staff will keep the Commission informed about whether we have an appeal or not. 13.C. City Commission 13.C.1. Manor Ellis Mayor Ellis stated the City of Delray Beach has had a lot of negative publicity and the way a lot of the things have come about has been very disappointing and hurtful to many people. Mayor Ellis stated when the Commission met at the Goal Setting Session shortly after the newest Commissioners took office, the Commission talked about a team effort and she urged the Commission to recommit to that team effort. She feels it is unprecedented that we have had previous Commissioners still trying to make decisions for a new sitting Commission. Mayor Ellis stated she appreciates the support of the Commission and noted that this is a great Commission that deserves better. 13.C.2. Mr. McDuffie Mr. McDuffie stated he acts as the liaison of the Metropolitan Planning Organization (MPO) and stated at the last meeting there was a proposed extension of University Drive and Riverside Drive and prior to that Coral Ridge Drive across Broward County into Palm Beach County and continuing north at one point dumping into Atlantic Avenue and then to the turnpike. He stated that proposal was since backed off of and the one that came to a vote this past week was extending them both to dump into the backside of the area where Glades Road and Palmetto Park Road join together where Logger's Run and the schools are located. It was a unanimous vote to remove that from the County's Comprehensive Plan (deny the extension of University Drive and Riverside Drive into Palm Beach County). The Palm Beach Metropolitan Planning Organization (MPO) had requested in-lieu of that the Broward MPO consider expanding State Road 7 which runs into Palm Beach County into eight lanes in the northern end of Broward County and that Palm Beach would correspondingly expand us to eight lanes in the south end of Palm Beach County. The Broward County MPO has yet to reply on that. Secondly, he stated Palm Beach County is forecasting drops in the Impact Fees. Lastly, Mr. McDuffie stated he will be going on vacation on July 27, 2007, however, he will stay in town through July 31, 2007 for the Special Meeting. Mr. McDuffie stated after the Special Meeting he will be out of town on vacation and will return on Sunday, August 12, 2007. -35- 07/24/07 13.C.3. Mrs. Montague Mrs. Montague asked the City Manager to find out the status of the Hunt House. Secondly, Mrs. Montague stated she and Mayor Ellis went to the Hurricane House which is a model of a hurricane resistant home located in Deerfield Beach and information will be forwarded to the City Manager as well as to Paul Dorling, Planning Director. She suggested that this be presented to the CLT staff and Board. Mrs. Montague stated this is to help home buyers and property owners in general to better prepare for upcoming storms. Lastly, Mrs. Montague stated she fully supports Mayor Ellis. 13.C.4. Mr. Fetzer Mr. Fetzer stated Juanita Bryant Goode of the Caring Kitchen invited him to tour the facility and was very impressed with what they do. He distributed a brochure from the Caring Kitchen and stated it is supported by 40 different church and civic organizations. Mr. Fetzer stated Ms. Goode wanted him to extend an invitation to the Commission. Mayor Ellis stated not only is the Caring Kitchen a great organization but Juanita Bryant is one of the jewels in our community. She is an extraordinary person and an amazing woman. She too encouraged the Commission to go as well if they have not been. There being no further business, Mayor Ellis declared the meeting adjourned at 10:00 p.m. City Clerk ATTEST: MAYOR -36- 07/24/07 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 24, 2007, 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. -37- 07/24/07 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 REQUESTED BY THE BOY'S FARMERS MARKET 1. This waiver request came before the City Commission on July 24, 2007. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request of the Boy's Farmers Market. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(8)(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. 4. Wall Height: Pursuant to LDR Section 4.6.5(C), walls located in a required rear yard shall not exceed eight feet (8') in height. The proposed wall is ten feet (10') high and located in the required rear yard along the east side of the property. Should the waiver be granted for the wall height? Yes 4 No 0 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. I}em q.A 7. Based on the entire record before it, the City Commission approves X denies the waiver requests and hereby adopts this Order this day of July, 2007, by a vote of 4 in favor and ~ ppos r Rita lis, Mayor ATTEST: ~~ •~~~ Chevelle Nubin City Clerk 2 SPECIAL/WORKSHOP JULY 31, 2007 A Special Meeting of the City Commission of the City of Dekay Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:09 p.m., on Tuesday, July 31, 2007. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. PROPOSED MILEAGE RATE: Consider approval of a proposed millage rate for FY 2008, and set the budget review and adoption schedule. David T. Harden, City Manager, presented this item. Mr. Harden suggested a proposal that would keep millage at nine percent (9%) below the rollback rate or 6.5783 mils for the Fiscal Year 2008. Department Heads have suggested a number of steps to either cut costs or increase revenue, which staff will continue to work on. As a result, the number of layoffs has been reduced from sixteen (16) to two (2), and those positions could possibly be funded when the process is completed. Mr. Harden noted that $1,763,884.00 in changes would be added back to the budget which would include the additional cost for the Police and Fire Pension Plan of $433,000.00. PUBLIC HEARING: Mayor Ellis announced this is a public meeting and opened the floor to public comments on the millage rate proposal. Tim Smith} 1225 S. Ocean Boulevard, Dek~y Beach, requested that the shuttle be saved. He expressed his concern that Delray businesses would be at a serious competitive disadvantage. Mr. Smith presented to the Commission, the results of a survey conducted on the necessity of the shuttle bus. Mr. Smith advised that Diane Colonna, Director of the Community Redevelopment Agency; Scott Aronson, Parking Management Specialist; David T. Harden, City Manager; and Marjorie Ferrer, Downtown Marketing Cooperative Coordinator, were also given a copy of the survey. Todd L'Herrou, 830 Kokomo Key Lane, Delray Beach, stated the discussion of cuts scare him. He urged the Commission to do something less than the nine percent (9%) cut that the Legislature has mandated. Robert Heath, 1 Harbourside Drive, Aptartment #1402, Delray Beaches discussed property taxes and stated Mr. Harden's proposal in the Palm Beach Post has no lasting cost reductions. He explained his displeasure with Mr. Harden's proposal. S,_grgeant Vinnie GraX, Delray Beach Police Department, speaking on behalf of the Police Benevolent Association, recommended having the Palm Beach County Sheriffls Office take over the police services in the City of Delray Beach. 'This takeover would save the City ten to fifteen ($10-15) million dollars over the next three (3) years. Gabriel Bargerstock, re.Qresen ' the Realtors Association of the Palm Beaches, discussed their budget cuts and requested that the Commission lower the millage rate to the state mandated nine percent (9%). Eugenia Deponte, 24 Marine WaX, Delray Beach, a resident and landlord, requested that the Commission vote for the full nine percent (9%) decrease in the millage rate as mandated by the State. Ms. Deponte says that she cannot afford to subsidize a rental property she has in the NW/SW area of Delray. Denise Ziemba, business owner located at 640 E. Atlantic Avenue, Suite #5, Delray Beach, requested Commission reconsider its decision to cutback or stop some special events completely. Special events draw residents and tourists to the City; generate income for both businesses and the events, and they appreciate the arts. 2 July 31, 2007 Mayor Ellis closed the public hearing Commissioner Fetzer made the motion to set the millage rate at 6.5783 and comply with the State's nine (9%) rollback, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Said motion passed 5-0. Mr. Harden requested authorization from the Commission to proceed with offering an additional one (1) year retirement credit for General Employees who choose the general retirement option. Commissioner McDuffie made the motion to approve one (1) year retirement credit to General Employees who choose the early retirement option, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Said motion passed 5-0. Mr. Harden introduced David James, the City's new Fire Chief, who introduced himself to the Commission and expressed his gratitude to work with his new colleagues, the City, and the Commission. Mr. Harden stated the first hearing of the budget adoption schedule meeting will be held on September 4, 2007 and the second hearing on September 18, 2007. Mr. Harden recommended, as a usual practice, to have an extra workshop session on August 28, 2007 for budget discussion, as well as, budget discussion during the Commission's August 14, 2007 Workshop. Mayor Ellis concurs with Mr. Harden's recommendation. She stated it is the direction of the Commission to have the budget review and adoption meetings on the scheduled dates as recommended. Mayor Ellis adjourned the Special Meeting at 6:57 p.m. City Clerk ATTEST: MAYOR 3 July 31, 2007 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, July 31, 2007 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 amendments, additions or deletions to the Minutes as set forth above. 4 July 31, 2007 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: AUGUST 1, 2007 SUBJECT: AGENDA ITEM # F) . h -REGULAR MEETING OF AUGUST 7, 200 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS ITEM BEFORE COMMISSION This is before the City Commission to ratify the actions taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting on July 19, 2007. By a vote of 8 to 0, the SCRWTD Board approved the following: • Accepted the 2007/2008 Wastewater and Reclaim O & M Budgets and Wastewater Repair and Replacement Expenditures. • Authorized the Board to establish a reclaim user rate to consumers (Delray and Plant) for Fiscal Year 2007/2008 as follows: $0.28/1,000 Gallons • Authorized the establishment of a wastewater user rate for Fiscal Year 2007/2008 as follows: Operations and Maintenance $0.85/1,000 Gal Reserves $0.18/1,000 Gal Total $1.03/1,000 Gal • Authorization to approve Hazen and Sawyer's Consulting Services Work Order No. 07-005 to provide construction phase services for the construction of the Reclaimed Water System Expansion to 24 MGD in the amount not to exceed $510,080 to be split 50/50 from each City's Capital Funds. • Authorization to increase J.J. Kirlin's Contract for constructing the 6-MGD Reuse Expansion with a Change Order by $98,322 increasing the total contract from $5,315,000 to $5,413,322. Action to be ratified by both Cities and the amount to be split 50/50 from each City's Capital Funds. • Authorized Mr. Robert J. Hagel to execute the contract with Youngquist Brothers, Inc. for $6,297,384 on behalf of the Board to construct the deepwell after the FDEP Permit for construction of the injection well becomes final. This action is to be ratified by the Cities and the amount of these expenditures is to be split 50/50 from each City's Capital Fund. • Authorized Mr. Robert J. Hagel to execute the Contract with John J. Kirlin, Inc. for $9,912,500 on behalf of the Board to construct the Reclaimed Water System Expansion to 24 MGD when FDEP Permit becomes final. This action is to be ratified by the Cities and the amount of these expenditures is to be split 50/50 from each City's Capital Fund. • Accepted the 2007/2008 organizational chart and salary range revision. RECOMMENDATION Recommend ratification of the actions approved by the SCRWTD Board on July 19, 2007. S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\SCRW I'D Board Actions\SCRWTD Bond Action of 07.27.07.doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, accepted 2007/2008 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH ~By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:IdocslBdMtgslRatifs12006-20071Delray8eachRatif 07-19-07.doc Agenda Exhibit Jla South Central Regional Wastewater Treatment & Disposal Board Executive Summary FY 2007!2008 WASTEWATER BUDGET The projected budget for 2007/2008 is $5,207,000 which is $135,000 over last year's budget and $350,000 over this year's projected expenditures. Due to this increase plus a decrease in projected flow, we are requesting a rate increase for O&M and Reserves of 4.8% from 2006/2007 rate. Rate in 2006/2007 for O&M & Reserve was $0.9832/1,000 gal; increased in 2007/2008 to $1.03/1,000 gal. This change is the result primarily of the following eight (8) line items: 2006/2007 2007/2008 Regular Wages 920,000 1,099,000 4% Merit pay Increase Legal 27,000 41,000 Legal Auditing 28,000 40,000 Two Single Audits Required for Grant Lab Permit Testing 53,000 90,000 Utilizing Private Lab Electricity 1,156,000 1,165,000 FPL Rate Increase Water 12,000 29,000 Hypochlorite Generators Insurance 318,000 267,000 Rates of Stabilized Chemicals 859,000 895,000 Eliminating Chlorine We have based our budget on influent flow of 16.8 mgd compared to 17.3 mgd last year. RECLAIM USER RATE The projected budget for O&M for 2007/2008 is $479,000 which is $29,000 over our last year budget. Increases are due to electricity and water rate increases. Our User Rate for reuse will increase from $0.2611,000 gal to $0.28/1,000 gal. WASTEWATER RESERVE FOR REPAIR AND REPLACEMENT It is estimated as of 06/30/2007 we will have $3,200,000+ in the wastewater Reserve for Repair & Replacement. We have identified at this time expenditures of $211,0001 this year for various projects. The rate for Repair & Replacement of $0.1811,000 gal will generate $1,103,000 at minimum flow. POTENTIAL CAPITAL PROJECTS It is anticipated that the Board will require $4,300,000 for the remainder of this fiscal year and $8,350,000 next fiscal year from each City for construction of Solid Waste Authority Pelletization Project, Construction of Reclaim Expansion and 100% Reclaimed Expansion and Deepwell. F:Idocsl8udget1fy2007-20081Exec Summary 2007-08.doc:07-09-2007 Agenda Exhibit Jlb SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD SALIENT BUDGET CHANGES 2007-2008 WASTEWATER OPERATION & MAINTENANCE (Cost Distributed to Cities by Flows) Budget Projected Budget 2006/2007 2006/2007 200712008 TOTAL O&M BUDGET •05 7~ 4. 57.000 .144.000 (2.7% Inc.) PERSONNEL SERVICES -TOTAL 1,567,000 1,447,000 1,694,000 (8.1% Inc.) 1212 Regular Wages SERVICES -TOTAL 3310 Legal 3200 Auditing 3300 Lab Permit Testing OPERATIONS 8~ MAINTENANCE 4300 Electricity 4500 Insurance 4% normal annual increase 779,000 740,000 841,000 (7.9% Inc.) 27,000 41,.000 42,000 (55.5% Inc.) Attorney reviewing construction documentation 28,000 28,000 40,000 (42.9% Inc.) Two single audits required for grants 53,000 50,000 90,000 (69.8% Inc.) Anticipated increase in County's Lab Services Agreement 1,772,000 1,637,000 1,742,000 (1.7% Dec.) 1,150,000 1,100,000 1,165,000 (1.3% Inc.) Production of Hypochloride will require additional energy cost 314,000 247,000 267,000 (14.9% Dec.) Insurance rates overestimated last year CHEMICALS 8~ SUPPLIES -TOTAL 859,000 958,000 845,000 (1.6% Dec.) Due to producing Hypochloride no chlorine is required in this year's budget. OPERATING CONTINGENCY ENGINEERING 0 0 0 (0% Inc.) 95,000 77,000 85,000 (8.5% Dec.) No DEP Permit assistance required in this budget. F:ldocsl8udgetlfy2007-20081FY 2007-2008SALlENT BUDGET.doc:05-16-2007 Agenda Exhibit Jlb RECLAIM OPERATION & MAINTENANCE (Cost Distributed by Flow) TOTAL RECLAIM O&M BUDGET Budget 2006/2007 Projected 2006/2007 Budget 2007/2008 4 QQQ (4.1 % Inc.) F:ldocslBudget1fy2007-20081FY 2007-2008SALIENT BUDGET.doc:05-16-2007 F:Viocs~8utlpetVy2007-20081ecct detail fy07-08 AGENDA E7CHIBIT Jl c South Central Regional Wastewater Treatment & Disposal Board DESCRIPTION _... SUMMARY TOTALS PERSONNEL SERVICES OPERATING EXPENSES: SERVICES OPERATIONS/MAINTENANCE CHEMICALS/SUPPLIES TOTAL PERSONNEL AND OPERATING EXPENSES OPERATING CONTINGENCY ENGINEERING TOTAL BUDGET WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2003-2008 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007-2008 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET $1,296,000 $1,270,599 $1,337,664 $1,567;000 $1,447,000 $1,694,000 2,371,000 2,651,827 3,061,534 3,410,000 3,335,000 3,428,000 643,000 711,681 724,375 779,000 740,000 841,000 1,187,000 1,165,139 1,511,864 1,772,000 1,637,000 1,742,000 541,000 775,007 825,295 859,000 958,000 845,000 $3,667,000 3,922,426 4,399,198 4,977,000 4,782,000 5,122,000 50,000 0 0 0 0 0 105,865 180,151 136,645 95,000 75,000 85,000 $3,822,865 $4,102,577 $4,535,843 $5,072,000 $4,857,000 $5,207,000 $ 0.8492 16.8000 PERSONNEL ACCOUNT -NO. DESCRIPTION 1212 REGULAR WAGES 12121 SICKNACATION REDUCTIONS 1214 OVERTIME 12151 EMPLOYEE ASSIST. PROG. 1221 SOCIAL SECURITY 1223 HEALTH INSURANCE 12231 DENTAL INSURANCE 12232 DISABILITY INSURANCE 12233 LIFE INSURANCE 12234 VISION CARE 1224 WORKERS' COMPENSATION 1225 UNEMPLOYMENT 1236 PENSION 1237 DEF COMP SUP 1240 PAYROLL CONTINGENCY TOTAL PERSONNEL SERVICES 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007-2008 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 868,428 885,428 890,906 $986,000 $920,000 $1,099,000 12,668 7,223 25,596 43,000 43,000 55,000 47,752 40,889 50,634 45,000 45,000 40,000 540 567 567 1,000 1,000 1,000 75,575 77,290 78,713 97,000 89,000 103,000 80,252 92,138 115,771 130,000 114,000 146,000 6,961 9,615 0 8,000 8,000 10,000 5,318 5,352 6,094 6,000 6,000 6,000 1,064 784 1,347 2,000 2,000' 2,000 0 0 0 2,000 1,000 2,000 34,216 35,332 36,393 41,000 39,000 41,000 11,039 3,072 15,759 3,000 2,000 2,000 111,700 111,825 115,093 145,000 120,000 145,000 56,000 56,000 40,000 1,169 1,084 791 2,000 1,000 2,000 $1,256,682 $1,270,599 $1,337,664 $1,567,000 $1,447,000 $1,694,000 $1;835,000- r@ctaim = $38.36 F:ldocsl8utlge1Vy2007-20061acet detail fy07-O6 Page 1 Of 5 7!6/2007 9:06 AM South Centra{ Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS 8~ MAINTENANCE BUDGETS 2003-2008 ACCOUNT _..NO. 3100 3110 3112 3120 3200 3300 3400 3402 3404 3406 3410 3411 3412 3500 DESCRIPTION MEDICAL SERVICES LEGAL (GENERAL & ADMIN} LEGAL (TOXICITY) SERVICES (G & A) AUDITING LAB PERMIT TESTING PRETREATMENT TOXICITY TESTING CHEMICAL ANALYSIS METER CALIBRATION SLUDGE HAULING GRIT HAULING TRASH HAULING SERVICES (O & M) TOTAL SERVICES F:~tloes~BudgetH~2007.2008~aect tleteg ry07-06 SERVICES 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007-2008 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET $880 $1,470 $400 $2,000 $8,000 $2,000 23,821 35,364 10,386 27,000 41,000 42,000 0 1,238 2,362 7,000 2,000 7,000 7,225 8,824 10,980 10,000 5,000 14,000 19,249 23,024 21,000 28,000 28,000 40,000 44,539 51,200 50,160 53,000 50,000 90,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,980 7,745 6,720 8,000 8,000 8,000 241,053 430,587 441,056 475,000 460,000 490,000 94,247 79,504 97,149 94,000 90,000 90,000 571 890 887 2,000 1,000 1,000 40,511 71,835 83,275 73,000 47,000 57,000 $479,076 $711,681 $724,375 $779,000 $740,000 5841,000 Page 2 of 5 7/82007 9:06 AM South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2003-2008 OPERATIONS/MAINTENANCE ACCOUNT 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007-2008 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4000 VEHICLE EXPENSE $11,306 $12,627 $12,979 $14,000 $14,000 $15,000 4020 BOARD CONTINGENCY 1,390 2,578 3,149 5,000 3,000 5,400 4100 TELEPHONE 19,583 20,045 17,178 22,000 14,000 15,000 4102 POSTAGE 3,594 3,428 3,621 6,000 2,000 5,000 4300 ELECTRICITY 712,669 752,536 1,023,992 1,150,000 1,100,000 1,165,000 4302 WATER 23,689 25,682 10,027 12,000 12,000 24,000 4303 IRR/PROCESS RECLAIM WATER 9,000 0 106,270 99,000 105,000 100,000 4400 EQUIPMENT RENTAL 0 596 863 2,000 1,000 2,000 4500 INSURANCE 231,028 197,906 197,498 314,000 247,000 254,000 4600 M & R EQUIPMENT 47,202 43,089 59,876 51,000 57,000 59,000 4620 M & R VEHICLES 4,205 2,810 4,743 7,000 6,000 7,000 4630 M & R GROUNDS 4,406 6,998 11,930 15,000 14,004 15,000 4640 M & R BUILDINGS 4,864 11,188 4,612 10,000 10,000 10,000 4650 M & R UNSPECIFIED 20,518 22,846 20,048 20,000 10,000 20,000 4900 ADVERTISING 3,517 3,656 5,774 3,000 4,000 3,000 4902 LICENSE & PERMITS 23.192 17,904 11,968 17,000 17,000 17,000 5400 MEMBERSHIP DUES & SUBSCRIP' 9,683 11,071 ~ 10,729 11,000 11,000 12,000 5410 TECHNICAL TRAINING 6,543 4,423 3,753 9,000 5,000 9,000 5420 EDUCATIONAL EXPENSES 2,792 6,231 2,854 5,000 5,000 5,000 6400 CAPITAL ASSETS 29,430 19,525 0 0 0 0 TOTAL OPERATIONS/MAINT. $1,168,611 $1,185,139 $1,511,864 $1,772,000 $1,637,000 $1,742,000 F:ltlooetButlgetUy200~-2006Wcct tletall ly07-06 Pete 3 Of 5 7162007 9:08 AM South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS 8~ MAINTENANCE BUDGETS 2003-2008 CHEMICALSlSUPPLIES ACCOUNT 2003-2004 2004-2005 2005-2008 2006-2007 2008-2007 2007-2008 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 5100 OFFICE SUPPLIES $5,497 $6,778 $5,904 $8,000 $9,000 $9,000 5201 SAFETY SUPPLIES 4,893 7,965 5,439 6,000 4,000 6,000 5202 GENERAL OPERATING 15,734 12,868 15,868 20,000 10,000 15,000 5203 JANITORIAL SUPPLIES 2,870 2,819 3,457 4,000 3,000 3,000 5204 LABORATORY SUPPLIES 7,707 5,974 6,615 7,000 8,000 8,000 5210 CHEMICALS 557,993 711,697 736,792 780,000 901,000 770,000 5220 OIL, FUEL, LUBRICANTS 11,470 13,802 41,039 15,000 7,000 15,000 5230 CONSTRUCTION MATERIALS 2,070 0 0 3,000 1,000 3,000 5240 UNIFORMS 7,503 7,256 5,327 8,000 8,000 8,000 5250 SMALL TOOLS < $500 4,320 4,609 3,709 5,000 6,000 6,000 5251 OFFICE EQUIPMENT < $500 1,618 1,239 1,145 2,000 1,000 1,000 5252 LAB EQUIPMENT < $500 335 0 0 1,000 0 1,000 TOTAL CHEMICALSlSUPPLIES $622,010 $775,007 $825,295 $859,000 $958,000 $845,000 OPERATING EXPENSES (SUMMARY) SERVICES $479,076 $711,681 $724,375 $779,000 $740,000 $841,000 OPERATIONSlMAINTENANCE $1,168,611 $1,165,139 $1,511,864 $1,772,000 $1,637,000 $1,742,000 CHEMIC ALS t£ SUPPLIES $622,010 $775,007 $825,295 $859,000 $958,000 $845,000 TOTAL O PERATING EXPENSES $2,269,897 $2,651,827 $3,061,534 $3,410,000 $3,335,000 $3,428,000 F:YIOalButlgetVy1007-2006~eect detei11y07-OB Page 4 of 5 7/62007 9:06 AM South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS 8 MAINTENANCE BUDGETS 2003-2008 ACCOUNT NO. DESCRIPTION 4990 OPERATING CONTINGENCY TOTAL OPERATING CONTINGENCY OPERATING CONTINGENCY 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 2007-2008 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET $50,000 $0 $0 $0 $0 $0 $50,000 $0 $0 $0 $0 SO ENGINEERING ACCOUNT 2003-2004 2004-2005 2005-2006 2006-2007 2006-2007 20D7-2008 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3150 GENERAL $87,115 $180,151 $136,645 $50,000 $55,000 $50,000 3150a Permit - DEP 0 0 0 40,000 15,000 $0 3151 FACE 18,750 D 0 0 0 0 3160 BIOTOXICITY 0 0 0 0 0 0 3162 PRETREATMENT 0 0 0 5,000 5,000 35,000 3163 THERMAL SCREENING 995 0 0 0 2,000 0 TOTAL ENGINEERING $106,860 $180,151 $136,645 $95,000 $77,000 $85,000 GRAND TOTAL BUDGET: $3,683,239 $4,102,577 $4,535,843 $5,072,000 $4,859,000 $5,207,000 F:WOtalBudgetV~2007-20081eoct detail 1707-08 Pegg 5 OT 5 7182007 9:06 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL 2007-2008 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 1212 REGULAR WAGES Base wages - 23 Regular Employees; 1 part-time $1,240,000 4 Administrative Reuse 14( 1.000) 2 Lab & pretreatment Wastewater $1,099,000 11 Operators + Holiday reg 7 Maintenance Includes 4% average merit pay increase $141,000 for Reuse (39.00/hr est 300hr per mth) Special Parity Increase: Mechanic -David Werpney 5% 12121 SICK PAY REDUCTION Employees have the annual option to 40,000 cash out 96 hours sick pay to deferred comp in excess of fifteen (15) working days accrued in sick bank 12122 VACA PAY REDUCTION Vaca 100% up to 80 hours. 15,000 1214 OVERTIME Shift coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 3,000 12143 Shift 1 Coverage 6,000 12144 Shift 2 Coverage 2,000 12145 Shift 3 Coverage 6,000 12146 Training 1,000 12148 Holiday Coverage 16,000 12149 Lab/Pretreatment 1,000 12150 Special Projects 2,000 40,000 12151 EMPLOYEE ASSISTANCE Board cost: $2.25 per employee per 1,000 PROGRAM month. Provides family counseling and referral services to employees and their families. 1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65% 103,000 MEDICARE currently =Social Security - 6.2%; Medicare - 1.45%. 1223 BLUE CROSS/BLUE SHIELD Board cost per employee [23J is estimated @ 146,000 HEALTH INSURANCE $492.00 monthly. (@ 10% increase) + $10 @ emp/mth to BB + Stop loss liability $7,000 to City of Boynton Beach 12231 DENTAL INSURANCE Board cost per employee [23J est @ $35.00 monthly 10,000 F:WocslBudget1fy2007-20081accldatail ry07-08 Pegg 1 Of 9 7162007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCT. NO. 12232 DISABILITY INSURANCE PERSONNEL (cont.) DESCRIPTION Long term disability insurance provided by the Board at approximately 1 % of 40 hour base pay per employee. 2007-2008 BUDGET 6,000 12233 LIFE INSURANCE Board provides $10,000 life insurance. 12234 VISION CARE Employee vision plan $6 @ emp mthly 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour base pay. Anticipate a 5% increase. 1225 UNEMPLOYMENT Paid on a reimbursable basis according to claims received. 1236 PENSION Defined Board contribution based on 40 hours base pay for participants plus administrative fees. 1237 DEF COMP SUPPLEMENT Board match to sick cash in deferred comp 1240 PAYROLL CONTINGENCY Employee annual appreciation dinner and luncheons (i.e.: retirements, recognitions, and safety awards). TOTAL PERSONNEL 2,000 2,000 41,000 2,000 145,000 40,000 2,000 $1,694,000 F:klocsl8udgetuy2 007-200 81acct detail fy07-08 Page 2 of 9 ~rsrzoo~ s:os AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCT. NO. 3100 3110 3112 3120 3200 3300 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS Z~ SUPPLIES SERVICES ACCOUNT TITLE DESCRIPTION MEDICAL SERVICES Employee physicals, drug screens & immunizations LEGAL (ADMIN & LABOR) Attorney fees: 31101 Admin -Saberson $40,000 31103 Pension -Gray Robinson 1,000 31104 Lewis, Longman & Walker 1,000 LEGAL (TOXICITY) Continuing Operational Permit Legislation 31121 Saberson 31125 Lewis, Longman & Walker 2,000 5,000 SERVICES: General & Administrative AUDIT FEES LAB PERMIT TESTING 3406 METER CALIBRATION FLORIDA SERVICE 3410 SLUDGE HAULING 3411 GRIT HAULING 3412 TRASH AND HAULING 3500 SERVICES: Operations, Maintenance & Professional TOTAL SERVICES 31201 Accounting & Bookkeeping 31202 Computer Consultant & Lic renewals 31206 Copier Maint. Contract 31207 Appraisal Fee 31208 Others 32001 Annual Audit -Single Audits (2) Outside Lab Testing Services Calibration of transmitters, totalizers, recorders, and flowmeter pump as required. Based on site hauling rate of $18.90 @ cu yd cake or $9.70 per cu yd for cake to SWA (900 loads " $545) 72 trips @ $650; 45 @ $1,000; 13 @ $300.00 per trip. Tipping fee for trash hauling. Regular trash container. 35001 Centrifuge 35002 Air Scrubbers Balancing 35003 Generators 35004 Lawn Maintenance 35005 Admin. Building Cleaning 35008 Other 35009 Contract Labor 2007-2008 BUDGET $2,000 42,000 7,000 1,000 5,000 2,000 5,000 1,000 14,000 40,000 90,000 8,000 490,000 90,000 1,000 30,000 2,000 5,000 12,000 6,000 1,000 1,000 57,000 $841,000 F:~docslBudgetUy2 00 7-20 0 81acd detail ryD7-OB Page 3 of 9 7/6!2007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS 8~ SUPPLIES OPERATIONS/MAINTENANCE 2007-2008 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4000 VEHICLE EXPENSE Mileage reimbursement @ $0.48.5/mile; Fuel for company vehicles 1 approved vehicle allowance. 40001 Vehicle Allow $6,000 40002 Mileage Reimbursement 1,000 40003 Fuel for Vehicles 8,000 $15,000 4020 BOARD CONTINGENCY Public relations, good will tours, floral arrangements or fruit baskets, cards for , illnesses or funerals, and miscellaneous business expenses: 40201 Board Expense: Appreciation 1,000 40202 Board Expense: Meals and Entertainment 2,000 40204 Board Expense: Travel, Lodging 2,000 - 5,000 4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 15,000 including Fax ,pager, 5 cellular phones and E-mail/Internet 4102 POSTAGE U.S. Mail -Rate $.41 first class 5,000 4300 ELECTRICITY KWH including surcharge for peak 1,165,000 usage. Plant 1.1m; Hypo 65k 4302 WATER CONSUMPTION Budgeted meter = 540x12=6500; plant 225x2.55=5700 24,000 Hypo 900x2.55x.55=12600 4303 IRR/PROCESS REUSE WATER Irrigation water cost 1.1 m gal/day @ $.2811000 100,000 4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 2,000 ments as required in maintenance and operations. 4500 INSURANCE EXPENSE 45001 General Professional Liability 53,000 45002 Auto 9,000 45003 Employment Practices 20,000 45004 Fiduciary 3,000 45006 Petroleum storage Tank 1,000 45007 Pollution Liability 15,000 45008 Commercial Property 135,000 . 45009 Boiler & Machinery 7,000 45010 Mobil Equip & EDP 9,000 45011 Employee Dishonesty 2,000 254,000 F:ldocs\Bud9ec~~yzOW-zooa~ca deiaii ryo~-os Page 4 of 9 7!62007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATIONSlMAINTENANCE 2007-2008 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4600 M & R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 Influent Building 2,000 46002 Aerators 3,000 46003 Blower Building 6,000 46004 Scrubbers 8,000 46005 Clarifier 1,000 46006 Retum Building 2,000 46007 Solids Handling Building 8,000 46008 Hypochlorite 6,000 46009 EQ Building 1,000 46010 EfFluent Building 1,000 46011 Shop Building 2,000 46012 Office Building 1,000 46013 Dechlorination 1,000 46014 Miscellaneous (GMS) 15,000 46015 Operators Office 1,000 46016 Lime Silo 1,000 $59,000 Annual repairs for vehicles: 4620 M & R VEHICLES 46200 Company Vehicles 2,000 46201 Tractor 1,000 46203 Service Carts 2,000 46204 Boom Lift 1,000 46205 Other 1,000 7,000 4630 M & R GROUNDS Landscaping, sprinkler systems, retention 15,000 ponds, piping, fertilizer, etc. 4640 M & R BUILDINGS Painting, Repair or replacement of doors, 10,000 screens, locks, windows, ceiling tiles, bulbs electrical, plumbing, and lighting. 4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000 equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING Advertisement and legal ad allowance 3,000 related to plant operation or bids and public notices. t=:ldocsl8udget1fy2 00 7-2 0081acct detail fy07-08 Page 5 of 9 7/6!2007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCT. NO. ACCOUNT TITLE OPERATIONS/MAINTENANCE DESCRIPTION 2,000 7,500 50 1,000 2007-2008 BUDGET 4902 LICENSES AND PERMITS STATE Professional & Operators license renewal Operating Permit Storage Tank Risk Management PALM BEACH COUNTY Air Pollution Licenses Wellfield Permit Storm Water Tags on Trucks Wastewater CITY & SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage Special District Fee Other 10,550 100 75 500 200 2,150 3,025 2,400 175 850 3,425 5400 MEMBERSHIP DUES AND SUBSCRIPTIONS Dues -Professional organizations Professional Registration and licenses, journals and subscriptions. 5410 TECHNICAL TRAINING CPEs required for lic renewal per FLDEP Lab Technical, and Quality Assurance Short Schools; Personnel Seminars and technical conferences; computer classes 54101 Conferences 54102 Meals 54103 Travel & Lodging 54104 CEU courses 5420 EDUCATIONAL EXPENSES Classes, books & fees. TOTAL OPERATIONS/MAINT. 3,000 1,000 4,000 1,000 17,000 12,000 9,000 5,000 F:ldocsl8udget1ry2007-20081acct detail ry07-08 PBQE 6 Of 9 7/612007 9:05 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES• MAINTENANCE• CHEMICALS 8~ SUPPLIES CHEMICALS AND SUPPLIES 2007-2008 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5100 OFFICE SUPPLIES Copier paper, stationery, printer ink cartridges 9,000 business cards, check printing, general office supplies, & necessities. 5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, 6,000 hearing protection, overboots, ear-plugs, muffs, emergency eye wash, cartridge respirators, gas cartridge, sterile storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion detector tubes, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, books. 5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 15,000 SUPPLIES boots, drager tubes, gloves, hoses, firehoses, chart pens, charts, DO meters, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all 3,000 necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 8,000 Reagents, glassware, replacement of equip- ment, apparatus. Lab supplies consumed by Process testing done in house. 5210 CHEMICALS 52101 Polymer: 455,000 Ibs @ .91 Ib 52102 Lime: Calculated 900 tons @ $175.41 per ton. 52103 Chlorine: 195 tons @ $678.05/ton. 52104 Bisulfate: 300,000 lbs. @ $.096/lb 52105 Misc. Chemicals 52106 Caustic 42,000 gal @$2.04 per gal 52107 Sulfuric Acid 200,000 lbs. @ $.091b. 52108 Salt 600 tons @ $80.00 F:\docslBudgeflfy2007-2008\acct detail ty07-08 Page 7 of 9 $425,000 160,000 0 28,000 4,000 85,000 20,000 48,000 770,000 ~renoo~ s:os a-~ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CHEMICALS AND SUPPLIES icont.l ACCT. NO. ACCOUNT TITLE 5220 5230 5240 5250 5251 5252 DESCRIPTION OIL, GAS, GREASE, DIESEL AND Diesel fuel for generator, gas, LUBRICANTS grease, oil, and lubricants for pumps and mowers. CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, small shelters, concrete, etc. Additional office and storage units. UNIFORMS Board participates 50% in uniform rental. Provides five (5) new sets of uniforms to non-renters each year basis cost of $200.00 per employee. Approved protective safety shoes: $85.00 - $170.00 employee per year. SMALL TOOLS AND Handtools, drills, bits, files, small toolboxes, EQUIPMENT PURCHASE electrical equipment, and small maintenance tools < $750.00 value. OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding machines, office mats, shelves, printers, tables < $750.00 value. LAB EQUIPMENT Small equipment <$750.00 TOTAL CHEMICALS AND SUPPLIES 2007-2008 BUDGET 15,000 3,000 8,000 6,000 1,000 1,000 --~--- F:Wocsl6udgeflty2 00 7-2 0081acct detail Ty07.09 Page 8 of 9 ~/62o0~ s:os AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING CONTINGENCY ACCT. NO. ACCOUNT TITLE DESCRIPTION 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line items which are exceeded during the budget year. Status of this Fund to be reported to Board. GASB & GAAP requirements. ENGINEERING ACCT. NO. ACCOUNT TITLE DESCRIPTION 3150 GENERAL 3162 PRE-TREATMENT 31501 General/Permit Assistance (permit renewal) FLDEP Permit TOTAL ENGINEERING GRAND TOTAL BUDGET: 2007-2008 BUDGET $0 2007-2008 BUDGET 50,000 $50,000 35,000 $35,000 $5,207,000 F:ldocsl6udget1fy2007.2006WCCt detail ty07-OB Page 9 of 9 7/6/2007 9:05 AM SOIiTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET F/Y 2007!2008 ACCOUNT NO. DESCRIPTION 2003-2004 2004-2005 2005-2006 2008-2007 2008.2007 2007-2008 ACTUAL ACTUAL BUDGET BUDGET PROJECTED BUDGET R 1212 REGULAR WAGES $ 96,000 $ 113,103 $126,000 $130,000 $140,000 $141,000 R 31101 LEGAL 3,200 2,694 4,000 4,000 4,000 4,000 R 31502 ENGINEERING 4,900 1,768 4,000 4,000 0 4,000 R 32001 AUDIT 2,000 4,000 4,000 4,000 5,000 4,000 R 3402 TESTING 14,800 17,299 17,000 18,000 18,000 20,000 R 3406 METER CALIBRATION 0 90 1,000 1,000 1,000 1,000 R 35004 SERVICES (LAWN MAINT) 9,100 7,800 9,000 9,000 9,000 9,000 R 43000 FUEL FOR VEHICLES 0 90 1,000 1,000 1,000 1,000 R 4300 ELECTRICITY 116,000 123,942 135,000 150,000 150,000 203,000 R 43020 WATER 0 0 0 0 0 10,000 R 45001 INSURANCE 22,409 21,230 25,000 30,000 20,000 30,000 R 46014 M & R EQUIPMENT 19,300 9,913 10,000 10,000 9,000 10,000 R 4640 M & R BUILDING 200 1,051 1,000 1,000 0 1,000 R 4902 LICENSES & PERMITS 0 0 0 0 0 0 R 5204 SUPPLIES LAB 0 0 1,000 1,000 0 1,000 4 52103 CHEMICALS 37,000 66,574 90,000 97,000 65,000 40,000 TOTAL BUDGET: S 324,909 E 369,554 $428,000 5480,000 5422,000 5479,000 F4bolBUEyeIV~/2007.200BViedaim deNwmmary y07.OB Pegg 1 of 1 782007 1627 AM SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FN 2007-2008 ACCT. NO. R 1212 R 31101 R 31502 R 32001 R 3402 R 3406 R 35004 R 43000 R 4300 R 43020 R 45001 ACCOUNT TITLE REGULAR WAGES LEGAL ENGINEERING AUDIT TESTING METER CALIBRATION SERVICES FUEL FOR VEHICLES ELECTRICITY WATER INSURANCE R 46014 M 8~ R EQUIPMENT R 4640 M 8~ R BUILDINGS R 4902 LICENSE & PERMITS R 5204 LAB SUPPLIES R 52103 CHEMICALS TOTAL BUDGET: DESCRIPTION Reuse charged ($39.00lhr) for work performed on system Attorney fees associated with reclaim Engineering fees associated with reclaim Audit fees for reclaim Costs associated for lab fee required by DEP Calibration of transmitters, totailizers, recorders as required Cost incurred for maintenance of grounds associated with reclaim Fuel for monitoring of reclaim per KWH including surcharge for Plant = $150k; Hypo = $53 New Hypoclorite generation 900 x 2.55 x.45 Property liability package for reclaim covered under plant policy Annual repair items for reclaim pumps & equipment Cost incurred for repair of reclaim buildings Cost for State 8~ local reclaim permits Lab supplies consumed for testing required by DEP Solar Sait $80 per ton est 500 tons 2007-2008 BUDGET $141,000 4,000 4,000 4,000 20,000 1,000 9,000 1,000 203,000 10,000 30,000 70,000 1,000 0 1,000 40,000 $479,000 F:ldocslBudgetUy2D07-20061Redaim det+summary Ty07-06 Page 1 of 2 7/61200710:21 AM Agenda Exhibit Jld South Central Regional Wastewater Treatment & Disposal Board REPAIR & REPLACEMENT FUNDS 2007-2008 Replace two (2) Golf Carts Replace 1995 F150 Ford Pickup Truck Paint Plant Exterior Replace Chlorine Meters Replace Internal Telephone System Repair Both Emergency Generators $ 10,000 15,000 100,000 15,000 11,000 60,000 Total $ 211,000 Page 1 of 1 7/12/2007 F:ldocsl8udgetlfy2007-200818&R Budget 07-08.doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, authorized the Board to establish a reclaim user rate to consumers (Delray and Plant) for Fiscal Year 2007/2008 as follows: $0.2811,000 gallons WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:IdocslBdMtgslRatifs12006-20071DelrayBeachRatif 07-19-07.doc AGENDA EXHIBIT J3 South Central Regional Wastewater Treatment and Disposal Board RECLAIM USER RATE OPERATION & MAINTENANCE F/Y 2007/2008 Original Retail Customers (1.1 billion gal/year) 3 year average City of Delray Beach/ (221 million gal/year) (Delray Muni, Hamlet) SCRVWVTP (396 million gal/year) average Total = (1.717 billion gal/year) Projected budget O&M = $479,000 -Rate Reclaim user rate based on projected flows = $ 0.2790 0.28/1,000 GAL $479,000/1,717,000,000 gal User Original Retail Customers City of Boynton Beach City of Delray Beach: Delray Muni GC Hamlet SCRWWTP Flows RATE 1.1 billion gal/year 0.244711000 gal + surcharge ? 0.2811000 gal 96 million gal/year 0.28/1000 gal 125 million gal/year 0.28/1000 gal 396 million gallyear 0.2811000 gal Revenue 344,170 unknown 26,880 35,000 110,880 $ 516,930 F:IdocslBudgetVy2007-20081rates0708 Page 7 of 7 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, authorized the establishment of a user rate in Fiscal Year 2007-2008 for wastewater in the amount of $.8511,000 gal. for Operations and Maintenance and $.18/1,000 gal. for Reserves bringing the total to $1.03 per 1,000 gallons. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:Idocsl6dMtgslRatifs12006-20071Detray8eachRatif 07-19-07.doc AGENDA EXHIBIT J2 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS, MAINTENANCE & RESERVES FUND USER RATE 8~ PROJECTED REVENUES F/Y 2007!2008 RATE 0.85/1,000/gal 0.18/1,000/gal ~ .03/1.000/aal PROJECTED FLOW MINIMUM 16,8 mgd AVERAGE 17.3 mgd MAXIMUM 17.8 mgd O&M Budget $5,207,000 O&M Reserves Total OPERATIONS & MAINTENANCE RATE $0.85/1,000lgal $0.85/1,000/gal $0.85/1,000/gal RESERVES FOR REPAIRS & REPLACEMENT INCOME $5,212,200 $5,367,325 $5,522,450 PROJECTED FLOW RATE INCOME MINIMUM 16.8 mgd $0.18/1,000 GALS. $1,103,760 AVERAGE 17.3 mgd $0.18/1,000 GALS. $1,136,610 MAXIMUM 17.8 mgd $0.18/1,000 GALS. $1,169,460 F:~docslBudget1fy2007-20081rates0708 P89e 1 Of 1 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, Authorization to approve Hazen and Sawyer's Consulting Services Work Order No. 07-005 to provide construction phase services for the construction of the Reclaimed Water System Expansion to 24 MGD in the amount not to exceed $510,080 to be split 50150 from each City's Capital Funds. WHEREAS, said Board action requires ratification by the City of Delray Beach and the City of Boynton Beach. NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:IdocslBdMfgslRatifs12006-20071DelrayBeachRatif 07-19-07.doc SOUTH CENTRAL- REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CONSULTING SERVICES WORK ORDER 07-005 DATE: WORK ORDER NO. 07-005 CONSULTING SERVICES: construction phase services for the construction of the Reclaimed Water System Expansion to 24 MGD. The South Central Regional Wastewater Treatment and Disposal Board (SCRWT&DB) Wastewater Treatment Facility (WWTF) is a 24 million gallon per day (mgd) average daily flow (ADF) complete mix activated sludge treatment process which serves the Cities of Boynton Beach and Delray Beach. The primary method of effluent disposal is via reuse and both cities have an aggressive program in place to promote reuse. An ocean outfall is also used as a secondary and backup disposal method to supplement the reuse system and provide additional capacity when needed. Current enhancements of the reuse facilities will allow treatment of wastewater to irrigation quality water with high level disinfection. This level of treatment will make SCRWT&DB one of the premier reuse providers in southeast Florida. In addition, the high level disinfection will qualify the SCRWT&DB for use of deep well injection as an acceptable disposal method to supplement the reuse system. Thus, the Board has approved the use of deep well injection as the secondary method of disposal to the reuse system which will virtually eliminate the need forthe ocean outfall. The ocean outfall will be used for emergency backup should flows exceed the capacity of the reuse and deep injection well systems. Work proposed under Consulting Service Work Order 07-005 focuses upon the engineering related construction phase services associated with the expansion of the reclaimed water facilities to 24 mgd ADF. TASK 1 -- CONSTRUCTION ADMINISTRATION The CONSULTANT will perform the following Tasks associated with administration activities related to the construction of the project: Prepare and issue Contract Drawings identified as "For Construction" to the SCRWT&DB, the Contractor, and major subconsultants. These Contract Drawings will be the As-Bid Drawings including all Addenda. 2. Conduct a pre-construction conference attended by representatives of the SCRWT&DB, CONSULTANT, Contractor and major subcontractors. Prepare a written summary of the meeting within five working days and distribute the summary to all attendees. Page 7 of 5 0:14645-011-BCAIWpdocslCISCRWTDB Proposal 07-OOS.doc 3. Review and process shop drawings, samples, schedules, certifications and any other data which the Contractor is required to submit. This review will be for conformance with the design concept and compliance with the information given in the construction contract documents. Reviewed shop drawings/submittals will be submitted to the SCRWT&DB for their records. 4. Interpret the requirements of the construction contract documents, evaluate the acceptability of the work performed thereunder, and make recommendations on all claims of the Contractor and advise the SCRWT&DB as to the acceptability of the work or the interpretation of the requirements of the construction contract documents pertaining to the execution and progress of the work. 5. Review the Contractor's applications for payment and accompanying schedules, data and other documentation required by the construction documents; determine the amounts owed to the Contractor; and advise the SCRWT&DB as to the acceptability of all monthly progress payments due to the Contractor. 6. Conduct one (1) inspection to determine if the work is substantially complete and one (1) final inspection to determine if the completed work is acceptable and has been completed in accordance with the Contract Documents. 7. Upon determination that the project has been completed in accordance with the Contract Documents, that the Contractor has fulfilled his obligations, and that all systems are functioning as designed, CONSULTANTwill certifyto the SCRWT&DB and the Florida Department of Environmental Protection (FDEP) that construction is complete. 8. CONSULTANT will prepare Record (As-Built) Drawings showing those changes made during the construction process. As-Built drawings will be based on marked up prints, drawings and other data furnished by the Contractor to the CONSULTANT. CONSULTANT will provide to SCRWT&DB the As-Builts on a set of bluelines on 24x36 inch paper. TASK 2 -- RESIDENT PROJECT REPRESENTATION The CONSULTANT will provide a Resident Project Representative (RPR) on a full-time basis for the duration of the construction project to observe construction and monitor work as needed. The RPR will perform the following tasks: Serve as a full-time construction liaison with the Contractor working principally through Contractor's superintendent and assisting him in understanding the intent of the construction contract documents. 2. Assist in obtaining from SCRWT&DB additional details or information when required at the job site. Page 2 of 5 0:14645-011-BCA1WpdocslCISCRWTDB Proposal 07-005.doc 3. Conduct on-site observations of the work in progress to assist in determining if the work is proceeding in accordance with the construction contract documents and that completed work will conform with the construction contract documents. Report to Contractor whenever RPR believes that work is unsatisfactory, faulty, or defective or does not conform to the construction contract documents, or does not meet the requirements of inspections, tests or approval required to be made, or has been damaged prior to final payment; and advise CONSULTANT, Contractor, and SCRWT&DB when RPR believes work should be corrected or rejected. Advise Contractor immediately of the commencement of work requiring a shop drawing or sample submission if the submission has not been accepted. Visually inspect and review suitability and method of storage of materials, equipment and supplies delivered to construction site. 4. Receive and review measurements and notations on the plans from the Contractor as required to show field changes in construction and "As-Built" conditions and supplement with information from on-site observations. 5. Before issuance of a determination of substantial completion, prepare a list of observed items requiring completion or correction. Participate in substantial and final inspections. 6. Coordinate with SCRWT&DB and Contractor necessary shutdowns and interruptions of facilities. 7. Resident project representatives: a) Will not undertake any of the responsibilities of the Contractor or subcontractors. b) Will not advise on or issue directions relative to any aspect of the means, method, techniques, sequences, or procedures of construction unless such is specifically called for in the construction contract documents. c) Will not advise on or issue directions as to safety precautions and programs in connection with the work. d) Will not approve interruptions or modifications of SCRWT&DB facilities. e} Will not attest to the acceptability of work completed by the Contractor when not present at the project construction site. TASK 3 -- O&M PROTOCOL AND HMI UPDATES The CONSULTANT will development, test and startup SCADA-HMIs associated with the Reclaimed Water System Expansion to 24 MGD to work with the existing G.E. Fanuc iFIX 3.5. CONSULTANT will update the facility existing reclaimed water system O&M protocol manual. The update will include the incorporation of all modifications performed to the existing on-site reclaimed water system as part of the reclaimed water system expansion to 24 MGD project. Page 3 of 5 0:14645-011-BCAIWpdocslCISCRWTDB Proposa107-005.doc ASSUMPTIONS SCRWT&DB will pay for the building permit application and filing fees associated for this project. SCRWT&DB will pay for all testing expenses associated with the construction phase of this project as deemed necessary by CONSULTANT and wherever the Contractor is not required (by the Contract Documents) to do so. 2. The construction of the proposed improvements associated with this Work Order will be performed under a single construction contract and the duration of the construction contract will not exceed 375 calendar days to final completion. 3. PLC programming and system integration of the new facilities into the proposed Intellution operating system software is part of the scope of services provided by the project's construction contractor and is not included as services provided under this Work Order. 4. Engineering assistance in support of Contractor's disputed claims or litigation are not included as services provided under this Work Order. COMPENSATION Proposed labor costs and associated expenses for engineering services included in Work Order No. 07-005 will be performed for a total not-to-exceed price of $ 510,080 as detailed in Attachment A. PROJECT SCHEDULE The duration of the major work tasks are as summarized below: Time to Complete Task (Calendar days from Work Order Notice to Proceed Task 1 -Construction Administration 430 Task 2 -Resident Project Representation 430 Task 3 - 08M Protocol and HMI Updates 430 Page 4 of 5 0:14645-0051WpdocslCISCRWT&DS Proposa107-005.doc The CONSULTANT may not commence work on any Work Orders approved by the SCRWT&DB without a further written notice to proceed. Approved by: SCRWT&DB: Date: 2 '~ ~ ~l `~ '7 CONSULTANT: Date: P.E., Vice President AttesL~~j,~ ~ ~~l~.~v~/ Reviewed by: Albert Muniz, IP.E:! Vice President Page 5 of 5 0:14645-011-8CAIWpdocslCISCRWTDB Proposa107-OOS.doc Q Z V a O N~ N ~Q G W m Z O {Q !___ W WN N W V O L~ r Z ~_ NN N Z Z O 61.. 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Y C ~ ~ O O •~ V V d d f- U d' O J J N N (q F W d Y ~ m E •- N r~ f- ~ z ti ~ 0 a~ N L' ti H e m ati N RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, Authorization to increase J.J. Kirlin's Contract for constructing the 6-MGD Reuse Expansion with a Change Order by $98,322 increasing the total Contract from $5,315,000 to $5,413,322. Action to be ratified by both Cities and the amount to be split 50/50 from each City's Capital Funds. WHEREAS, said Board action requires ratification by the City of Delray Beach and the City of Boynton Beach. NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:IdocslBdMfgslRatifsl2006-20071DelrayBeachRatif 07-79-07 rev.doc AGENDA EXHIBIT J9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIMED WATER SYSTEM 6MGD EXPANSION BID ALLOWANCE ITEM COST SUMMARY No. Description 6MGD Expansion Expansion to 24 mgd Comments 1 Reduction of NaOCI tank pad thickness $ (5,693.00) Electrical duct bank conflicts (differing site condition) 2 Modifications to filter system metal building $ 3,512.00 Additional roof insulation 3 Modification to Sodium HypoGllorite Building $ 12,568.00 Building aesthetic compatibility 4 Installation of sodium hypochlorite blower Air filter Silencers $ 12,869.00 Additional connections and supports for sodium hypochlorite blower air filter silencers 5 Removal of lightweight concrete from Sodium Hypochlorite Building roof $ 11,364-00 Existing roof lightweight concrete not approved for new roofing system (differing site condition) 6 FRP reducer for OSG blowers $ 3,955.00 Additional FRP reducers for OFE blowers 7 Additional tee head bolts for fittings $ 1,498.00 Additional bolts necessary for OFE fittings 8 Additional fitting for Reclaimed Water Transfer Pump $ 5,928.00 Additional fitting to maintain potable water to industrial park 9 Additional stucco for Sodium Hypochlorite Building $ 22,902.00 Building aesthetic compatibility 10 42" Sleeve for Chlorine Contact Basin influent line $ 6,982.00 Additional fitting to speed construction time 11 Additional check valves and ball valves for brine feed lines $ 1,111.00 Additional fitting to softwater system 12 Clarifier NaOCI distribution System $ 4,872.00 Increasing capacity NaOCI distributicn system 13 Increase filter influent valve from 24" to 36" $ 33,270.00 Increase in size necessary for 24 mgd reGaimed water facility 14 Additional PVC ductbank for future Filter Building Electrical Room $ 52,426.00 Avoids re-excavation of existing paved road and excavation around existing utilities 15 Additional fittings and offsets for filter influent lines $ 11,515.00 Pipe modification necessary for necessary flowmeters proposed for 24 mgd reGaimed water facility 16 Removal of existing rain leader at Filter Building $ 1,111.00 Conflicts with additional electrical duct bank needed for 24 mgd reGaimed water facility Subtotals: $81,868.00 $98,322.00 TOTAL ALLOWANCE ITEM COSTS TO DATE: $180,190.00 Through Jul 10, 2007 0:146 4 5-0 051Eng~Quarterly Board Meeting Reports14645-007 Bid Allowance Cost Summary 2007-07-~ 0 HAZEN ANO SAWYER RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, authorized Mr. Robert J. Hagel to execute the Contract with Youngquist Brothers, Inc. for $6,297,384 on behalf of the Board to construct the deepwell after the FDEP Permit for construction of the injection well becomes final. This action is to be ratified by the Cities and the amount of these expenditures is to be split 50!50 from each City's Capital Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:IdocslBdMtgslRatifs12006-20071Detray8eachRatif 07-19-07. doc AGREEMENT THIS AGREEMENT is dated as of the day of _, 200 by and between the South Central Regional Wastewater Treatment and Disposal Board hereinafter called the BOARD, and Youneguist Brothers, Inc. hereinafter called CONTRACTOR. BOARD and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. For the Project entitled: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DEEP INJECTION WELL SYSTEM Article 2. CONSULTANT The Project has been designed by Hazen and Sawyer, P.C., who is hereinafter called CONSULTANT and who will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in the Contact Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES• LIQUIDATED DAMAGES 3.1 Contractor agrees that Work will be substantially completed within 300 calendar days from the date indicated in the Notice to Proceed with final completion within 30 calendar days after the date(s) of Substantial Completion(s)."~ Contractor accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 1 Addendum N~. ~ 0:4645-01016:07-18-07 A-1 SCRWT&OB DEEP INJECTION WELL SYSTEM 3.2 Liquidated Damages. The BOARD and CONTRACTOR recognize that time is of the essence of this Agreement and that the BOARD will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. ~~The BOARD and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the BOARD two thousand five hundred dollars ($2,500.00) for each calendar day that expires after the time specified in paragraph 3.1 for substantial completions) until the Work is substantially complete. After Substantial Completions) if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the. Contract Times or any proper extension thereof granted by the BOARD, CONTRACTOR shall pay BOARD two thousand five hundred dollars ($2,500.00) for each calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to the BOARD for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the BOARD as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time."' 3.3 The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. ' Addendum No. ~ 0:4645-01018:07-18-07 A-2 SCRWT&DB DEEP INJECTION WELL SYSTEM 3.4 the BOARD is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as the BOARD may, in its sole discretion, deem just and reasonable. [Remainder of this page left blank intentionally] 0:4645-01018:07-18-07 A-3 SCRWT&DB DEEP INJECTION WELL SYSTEM SCHEDULE OF BID PRICES DEEP INJECTION WELL SYSTEM B_ NO. ~ CITY DESCRIPTIOlIT TOTAL, PART 1-For the construction of one deep injection well complete with all appurtenances and testing for the lump 1 Lump sum sum Price of Four Million Nine Hundred Ninety Six Thousand Five Hundred Eighty Four Dollars and ZOO Cents $4,996.584.00 Adiustment Values (To establish unit prices) 1.01 200 feet For drilling nominal 58-inch borehole $ 100/foot 1.02 200 feet For famishing and installing 50-inch conductor casing $ 200/foot 1.03 840 feet For drilling nomina150-inch borehole to 1,000 feet bpl $ 125/foot 1.04 1,000 feet For furnishing and installing 42-inch surface casing $ 125/foot 1.05 1,030 feet For drilling 12 '/<-inch pilot hole to 2,030 feet bpl $ 100/foot 1.06 1,400 feet For drilling nominal 42-inch borehole to 2,000 feet bpl $ 125/foot 1.07 2,000 feet For furnishing and installing 34-inch intermediate casing $ 100/foot 1.08 1,000 feet For drilling 12 '/<-inch pilot hole to 3,000 feet bpl $ 100/foot 1.09 1,000 feet For drilling nomina134-inch borehole to 3,000 feet bpl $ 90/foot 1.10 3,000 feet For furnishing and installing 24-inch intermediate casing $ 180/foot 1.11 500 feet For drilling nomnal 24-inch borehole to 3,500 feet bpl $ 100/foot 0:4645-01018:07-18-07 A-4 SCRWT&DB DEEP INJECTION WELL SYSTEM 1.12 72 hours For running injection test $ 250/hour 1.13 12 cores For taking rock cores and analyses $ 7.500/each 1.14 12 tests For running straddle packer tests and fluid samples 8.500/each 1.15 45,000 cf For furnishing and placing mixed cement $ 1.00/cubic foot 1.16 1,000 hours For standby time $ 1.00/hour PART 2 -For the construction of one dual-zone monitor well complete with all appurtenances and testing for the 2 Lump sum lump sum price of One Million Two Hundred Thousand Eight Hundred Dollars and Zero Cents $ 1.200.800.00 Adjustment Values (To establish unit prices) 2.01 200 feet For drilling nomina132-inch borehole $ 100/foot 2.02 200 feet For furnishing and installing 24-inch conductor casing 100/foot 2.03 1,590 feet For drilling nomina124-inch borehole to 1,750 feet bpl $ 100/foot 2.04 1,800 feet For furnishing and installing 16-inch intermediate casing 80/foot 2.05 Z50 feet For drilling nominal 16-inch pilot hole to 2,000 feet bpl $ 75/foot 2.06 1,950 feet For furnishing and installing 6 5/e-inch inner casing 45/foot 2.07 2 tests For running straddle packer tests and fluid samples $ 8.500/each 2.08 7,500 cf For furnishing and placing mixed cement $ 1.00/cubic foot 0:4645-010/8:07-18-07 A-5 SCRWT&OB DEEP INJECTION WELL SYSTEM 2.09 500 hours For standby time $ 1.00/hour PART 3 -Contingency allowance for additional work associated with the Deep Injection Well System as Lump sum directed by the BOARD complete and in place for the lump sum price of One hundred thousand Dollars and Zero Cents. $ 100.000.00 The BOARD reserves the right to waive any informality in any bid, and to reject to reject any and all bids for any reason whatsoever that BOARD may deem necessary for its best interest.. TOTAL BASE BID PRICE FOR PROPOSAL (ITEMS 1 THROUGH 3): $ 6,297.384.00 (FIGURES) Six Million Two Hundred Ninety Seven Thousand Three Hundred Eighty Four Dollars and Zero r.....,. ~tu1AL wKi'1'rEN DOLLAR AMOUNT) Article 4. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by CONSULTANT as provided in the General Conditions. 4.1 Progress Payments. The BOARD shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by CONSULTANT, on or about the first day of each month during construction as provided in the Contract Documents. CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTORSs application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such other information and supporting evidence as may be required by CONSULTANT. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to CONSULTANT. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.6.3 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. In addition, the CONTRACTOR shall submit with each Application for Payment the executed Warranty (For Periodic Progress Payments). 4.1.1 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as 0:4645-01016:07-18-07 A-6 SCRWT&DB DEEP lNJECT/ON WELL SYSTEM CONSULTANT shall determine, or the BOARD shall determine, that the BOARD may withhold, in accordance with paragraph 14.7 of the General Conditions or other provisions of the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the BOARD. 4.1.2. Prior to Substantial Completion, progress payments for materials and equipment not incorporated in the Work but delivered and suitably stored and accompanied by documentation satisfactory to the BOARD, as provided in paragraph 14.2 of the General Conditions, will be made in an amount equal to 90% as established by the schedule of values. Any interest earned on the retainage shall accrue to the benefit of the BOARD. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with .paragraph 14.13 of the General Conditions, the .BOARD .shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in said paragraph 14.13. 4.3 The parties agree that to the extent that Florida Statute 218.70 is applicable all payments made to the. CONTRACTOR, whether Partial or Final, shall be in accordance-with Florida Statute §218.70. et seq. addressing payment, retainage and punchlist procedures for the: performance of public works projects. Article 5. (Not Used) Article 6. THE CONTRACTOR MAKES THE FOLLOWING REPRESENTATIONS AND ADDITIONAL AGREEMENTS WHICH SHALL CONTROL OVER ANY CONTRARY PROVISIONS OF THE CONTRACT DOCUMENTS. In order to. induce the BOARD to enter into this transaction the CONTRACTOR makes the following representations and additional agreements which shall control over. any contrary provisions of the Contract Documents: 6.1 CONTRACTOR has visited, studied and analyzed the Site and contiguous areas and familiarized .itself with the nature and extent of .the Work, the Contract Documents, the Site and contiguous areas (including but not limited to surface and subsurface conditions, surface and subsurface structures, possible concealed conditions, possible unforeseen conditions, and Underground Facilities), the locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. CONTRACTOR has performed and is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies as to all such matters and to determine the nature and extent thereof. The time available to CONTRACTOR has been adequate for CONTRACTOR to do its own independent observations, examinations, investigations, explorations, tests, reports and studies as to all such matters and to determine the nature and extent of thereof and CONTRACTOR agrees that CONTRACTOR shall have the absolute and unqualified obligation to perfoml and complete the Work in accordance with 0:4645-010!8:07-18-07 A-7 SCRVVT&DB DEEP INJECTION WELL SYSTEM the Contract Documents without increase in the Contract Price or Contract Times regazdless of the surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities which maybe encountered. 6.2 Neither the BOARD or CONSULTANT have made any representations to the CONTRACTOR as to conditions at the Site or contiguous areas including but not limited to surface or subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, Underground Facilities or Hazardous Environmental Conditions. CONTRACTOR is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies as to all such matters and to determine the nature and extent thereof. 6.3 The CONTRACTOR expressly assumes the risk as to all conditions at the Site and contiguous areas including but not limited to those relating to surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions and Underground Facilities and shall perform and complete the Work in accordance with the Contract Documents with no increase in the Contract Price or Contract Times regardless of the surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions and Underground Facilities that aze encountered and, regardless of whether they are: (i) foreseen, (ii) unforeseen, (iii) concealed (iv) reasonably anticipated or not, (v) materially different from those ordinarily encountered and generally recognized as inherent in the work of the character being provided under the Contract Documents (vi) different from what is indicated, reflected or referred to in the Contract Documents (vii) are known by BOARD or CONSULTANT but have not been disclosed to CONTRACTOR or (viii) different from what is indicated, reflected or referred to in any of CONTRACTOR'S observations, examinations, investigations, explorations, tests, reports and studies or other infonmation available to CONTRACTOR. CONTRACTOR is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies. Failure of CONTRACTOR to become fully acquainted with all physical conditions of the Site and contiguous areas including but not limited to surface and subsurface conditions, concealed conditions, unforeseen conditions, surface and subsurface structures, Underground Facilities shall not relieve CONTRACTOR of CONTRACTOR'S absolute and unqualified obligation to perform and complete the Work in accordance with the Contract Documents with no increase in the Contract Price or Contract Times regardless of what the CONTRACTOR may encounter. 6.4 If the conditions at the Site or contiguous areas encountered by CONTRACTOR including but not limited to those related to surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, or Underground Facilities are different than what may be indicated, reflected or 0:4645-010/B:07-18-07 A-8 SCRWT&DB DEEP INJECTION WELL SYSTEM referred to in any of the Contract Documents the CONTRACTOR shall nonetheless be obligated to perform and complete the Work in accordance with the Contract Documents with no increase in the Contract Price or Contract Times. CONTRACTOR is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies regazding all such matters. 6.5 Neither the BOARD or CONSULTANT shall have any obligation or duty (CONTRACTOR hereby waives any such obligation or duty) to disclose to CONTRACTOR any knowledge they may have regazding conditions at the Site or contiguous azeas including but not limited to those related to surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities. The CONTRACTOR is relying solely upon its own independent observations, examinations, investigations, explorations, tests, reports and studies to determine and satisfy itself with regazd to all conditions at the Site and contiguous areas including but not limited to those related to surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities. 6.6 CONTRACTOR has correlated the information known to CONTRACTOR and the results of all such CONTRACTOR observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Drawings and Contract Documents and CONTRACTOR accepts the Drawings and Contract Documents and approves the adequacy thereof for the CONTRACTOR to perform and complete the Work in accordance with the Drawings and Contract Documents with no increase in the Contract Price or Contract Times. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, reports and studies are necessary. 6.7 CONTRACTOR has reviewed and approves the adequacy of all Drawings and Contract Documents and represents that they aze sufficient in scope and detail to indicate and convey a cleaz understanding of all terms and conditions for performance of the Work in accordance with the Contract Documents with no increase in Contract Price or Contract Times. 6.8 CONTRACTOR has given written notice to the CONSULTANT of any conflicts, errors or discrepancies that he has discovered in the Contract Documents and the CONTRACTOR shall accept the written resolution thereof by CONSULTANT. The CONTRACTOR accepts and approves the adequacy of the Drawings and Contract Documents, with any such CONSULTANT resolution, to perform and complete the Work in accordance with the Contract Documents with no increase in the Contract Price or Contract Times. Furthermore, even if CONTRACTOR discovers any conflicts, errors or discrepancies in the Contract Documents in the future this shall not relieve CONTRACTOR from CONTRACTOR's absolute and 0:4645-01018:U7-18-07 A-9 SCRWT&DB DEEP INJECTION WELL SYSTEM unqualified obligation to perform and complete the Work without increase in the Contract Price or Contract Times regardless of the surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities which maybe encountered. 6.9 CONTRACTOR's absolute and unqualified obligation to complete the Work in accordance with the Contract Documents with no increase in Contract Price or Contract Times regardless of the surface and subsurface conditions, surface and subsurface structures, concealed conditions, unforeseen conditions, and Underground Facilities encountered shall include the obligation of CONTRACTOR to complete the Work with such additions, deletions or revisions to the Work and Contract Documents as may be required because of such conditions, structures and Underground Facilities with no increase in the Contract Price or Contract Times. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the BOARD and CONTRACTOR concerning the Work consist of the following: 7.1. Advertisement for Bids (Pages AB-1 and AB-2). 7.2. Instructions to Bidders (pages IB-1 to IB-12 and attached EXHIBIT INS-REQ). 7.3. Proposal (Bid Form) (pages P-1 to P-25). 7.4. CONTRACTOR'S Bid (pages P-1 to P-25 with attachments). 7.5. Bid Bond (pages P-17 to P-18). 7.6. This Agreement (pages A-1 to A-25). 7.7. Common Law Performance Bond (pages CLPRB-1 to CLPRB-4). 7.8. Statutory Payment Bond (pages STPYB-1 to STPYB-3). 7.9. Notice of Award (pages NA-1 to NA-3). 7.10. Notice to Proceed (page NTP-1). 7.11. Certificate of Substantial Completion (pages CSC-1 and CSC-2). 7.12. Warranty (For Periodic Progress Payments) (pages WT-1). 7.13. Final Receipt-Release of Lien-Warranty (pgs. FR-1 to FR-2). 0:4645-010/8:07- 18-07 A-10 SCRWTBDB DEEP INJECTION WELL SYSTEM 7.14. General Conditions (pages GC-1 to GC-55.). 7.15. All Addenda issued prior to the opening of Bids. 7.16. Volume I entitled Contract Requirements containing all of the forms of the documents referred to in the following subsections of this Article 7: 7.1.,7.2.,7.3.,7.4,7.5.,7.6., 7.7., 7.8.,7.9.,7.10.,7.11.,7.12.,7.13. and 7.14. 7.17. Volume II entitled Techtical Specifications containing DIVISIONS 1-17. 7.18 Volume III containing the Drawings and other requirements consisting of title sheet and sheets numbered 1 through 10, with each sheet bearing the following general title: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DEEP INJECTION WELL SYSTEM 7.19. Documentation submitted by CONTRACTOR prior to Notice of Awazd (N/A). 7.20. The following which may be delivered or issued after the Effective Date of this Agreement and are not attached hereto: All Written Amendments, Change Orders and other documents amending, modifying, or supplementing the Contract Documents pursuant to pazagraphs 3.4 and 3.5 of the General Conditions. 7.21 Attachments are the following: N/A 7.22 All of the documents listed in this Article 7 above constitute the "Contract Documents". There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions. Article 8 INDEMNITY This Agreement includes consideration for the indemnification provision contained in Section 6.30 of the General Conditions which is incorporated herein, and made a part hereof, as if fully set forth herein. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the BOARD for all expenses of CONSULTING and inspection incurred by the BOARD during the period between said specified or adjusted time and the actual 0:4645-010IB:07-18-07 A-11 SCRWT&DB DEEP 1NJECT/ON WELL SYSTEM date of final completion. All such expenses for CONSULTING and inspection incurred by the BOARD will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses aze further defined as CONSULTANT chazges associated with the construction contract administration, including resident project representative costs. Article 10. MISCELLANEOUS: 10.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meaning indicated in the General Conditions. 10.2. Neither the Contract Documents nor any interest herein shall be assigned, transferred, or encumbered by the CONTRACTOR nor shall the BOARD be liable to any assignee or transferee or any other person, without the written consent of the BOARD, to the assignment, transfer or encumbrance which consent, the BOARD may grant or deny, in the BOARD'S sole and absolute discretion. If any such assignment, transfer or encumbrance is consented to by the BOARD, the BOARD shall not release or discharge CONTRACTOR from any obligation hereunder. In any event, the BOARD shall not approve an assignment, transfer or encumbrance unless the Surety on the Common Law Performance Bond and Statutory Payment Bond has informed the BOARD in writing that it consents to the assignment, transfer or encumbrance. In addition, CONTRACTOR shall not subcontract any portion of the Work required by the Contract Documents except as authorized by the Contract Documents. 0.3. The BOARD and CONTRACTOR each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.4 CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to competently perform the duties, obligations, and services described as Work and to provide and perform such services to the BOARD's satisfaction for the agreed compensation. 10.5 The BOARD and CONTRACTOR agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 10.6 No waiver of any provision of the Contract Documents by the BOARD shall be effective against the BOARD unless it is in writing and signed by the BOARD, and shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. BOARD's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such 0:4645-010IB:07-18-07 A-12 SCRWT&DB DEEP /NJECTlON WELL SYSTEM provision or modification of the Contract Documents. No waiver of any breach of any provision of the Contract Documents by the BOARD shall be effective against the BOARD unless it is in writing and signed by the BOARD and any such waiver shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 10.7 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 10.8 CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract 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 the BOARD. This Contract shall not constitute or make the parties a partnership or joint venture. "10.9 Except as set forth in paragraph 6.30 of the General Conditions, neither CONTRACTOR nor the BOARD intend to directly or substantially benefit a third party. Except as set forth in paragraph 6.30 of the General Conditions, there are no third party beneficiaries to this Contract and no third party shall be entitled to assert a claim against either of them based upon this Contract."' 10.10 The BOARD is a subdivision as defined in Chapter 768.28, Florida Statutes. Nothing in the Contract Documents is intended to serve nor shall it serve as a waiver of sovereign immunity by the BOARD. 10.11 In the event any term or provision of the Contract Documents shall be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of the Contract Documents shall be construed to be in full force and effect. 10.12 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 by Federal Express or similar overnight delivery service 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 ~ Addendum Nc. Z 0:4645-010IB:07-18-07 A-13 SCRWT&DB DEEP INJECTION WELL SYSTEM 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 addresses for notice as are set forth on the signature page of this Agreement. 10.13 By entering into this Contract, CONTRACTOR and BOARD hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, ' shall specifically bind all Subcontractors to the provisions of this Contract. 10.14 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10.15 This Agreement maybe executed in one or more counterparts, each of which shall be deemed to be an original, and all of which, taken together, shall be deemed to constitute one agreement. 0:4645-010IB:07-18-07 A-14 SCRWT8D8 DEEP INJECTION WELL SYSTEM B~I~~F~iw~a lanr.~m• thi~t 1, t, 11 1. .1.1'ti • a a t• r c r b' Y ~ ~ "10.16 Notwithstanding anything in the Contract Documents to the contrary the following provisions of this paragraph shall apply: The CONTRACTOR agrees that CONTRACTOR shall comply with all laws, rules and grant funding requirements of all Agencies that have or will be providing any grant funding to the BOARD related in any way to the Work and CONTRACTOR shall require all Subcontractors (and subcontractors as defined by such Agencies) to comply with all such laws, rules and requirements. The term "Agencies" for purposes of this paragraph shall mean any and all governments and quasi governments and shall include but not limited to local, regional (such as but not limited to South Florida Water Management District), State and Federal governments and quasi governments and all agencies and instrumentalities thereof. After notice from BOARD of potential or actual grant funding the CONTRACTOR shall not take or omit to take any action, nor allow any Subcontractor or subcontractor as defined by any such Agencies to take or omit to take any action that would cause the BOARD to lose or be ineligible for funding or cause the BOARD to be in violation of any of the requirements for such funding. CONTRACTOR shall, and shall cause Subcontractors and subcontractors as defined by the Agencies, to immediately remedy any deficiency or violation found by the BOARD upon notice of such from the BOARD. CONTRACTOR agrees that the Contract Documents may be amended by the BOARD upon notice to the CONTRACTOR without further act of the parties, to conform to all laws, regulations and requirements pertaining to any grant funding and such amendments shall be binding upon CONTRACTOR. Alternatively, the BOARD may request CONTRACTOR to execute such amendments and CONTRACTOR shall do so and deliver them to the BOARD within 7 days of BOARD's written request. CONTRACTOR shall also require of all Subcontractors (and subcontractors as defined by the funding Agencies) that their subcontracts be amended to conform to all laws, regulations and requirements pertaining to any grant funding and CONTRACTOR within 10 days of BOARD's written request shall deliver to BOARD the amended subcontracts. In addition to the other requirements of the Contract Documents pertaining to records and access thereto, the CONTRACTOR shall maintain and retain its records and allow access thereto (by the BOARD and all other required Agencies and parties) and similarly require each Subcontractor (and subcontractors as defined by such Agencies) to maintain and retain and allow access to their records (by the BOARD and all other required Agencies and parties) in compliance with the requirements of the Florida Single Audit Act, the Federal Single Audit 0:4645-010lB:07--18-07 A-15 SCRWT&DB DEEP INJECTION WELL SYSTEM Act, OMB Circular 133 and in compliance all other laws, rules and requirements pertaining to any grant funding. CONTRACTOR shall deliver to the BOARD within 7 days of BOARD's written request all documents, data, records, certifications, reports and other information required by any of the Agencies or required by the BOARD for the BOARD to be able to comply with requirements of the funding Agencies. CONTRACTOR is hereby notified: (i) that the BOARD has applied for and been approved for a grant pursuant to Florida Statute 216.052 to be administered by the Florida Department of Environmental Protection and (ii) BOARD reserves the right to apply for other grants. To the extent required in order for the BOARD to be in compliance with all grant funding requirements, CONTRACTOR'S obligations under the above provisions of this paragraph shall survive any expiration or termination of this Agreement (regardless of who terminates and the reason therefor). In addition to the above, and all other rights of the BOARD under the Contract Documents to have access to or audit of CONTRACTOR'S records, CONTRACTOR agrees that whenever the BOARD requests, CONTRACTOR shall allow the BOARD (including any parties BOARD may designate) at any time, during normal business hours, access to CONTRACTOR'S fmancial and non fmancial records including but not limited to the BOARD having the right to conduct on site visits, plant visits and audits and the BOARD shall be entitled to retain copies of all records, documents, reports, data and other information related in any way to the Work. In addition, CONTRACTOR shall deliver to the BOARD within 7 days of BOARD'S written request all documents, data, records, certifications, reports and other information related in any way to the Work. The foregoing two sentences shall survive any expiration or termination of this Agreement (regardless of who terminates and the reason therefor). CONTRACTOR's performance in regard to the requirements of this Paragraph shall be without increase in the Contract Price or Contract Times."' 10.17 CONTRACTOR shall comply with all provisions of Federal, State and local laws and regulations in regard to the performance of the Work. In addition and without limiting the foregoing, the CONTRACTOR is required to and shall comply with the provisions of subsection 255.20(3) Florida Statutes regarding lumber, timber and forest products to be utilized in performing the Work. [Remainder of this page left blank intentionally] ~ Addendum Na. 1 0:4645-010!8:07-18-07 A-16 SCRWT&DB DEEP INJECTION WELL SYSTEM Agreement-Signature page for BOARD IN WITNESS WHEREOF, the BOARD has caused this signature page bearing its signature to be inserted into this Agreement. The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the BOARD's signature page approving the Agreement as to form, both of which, will not occur until after the CONTRACTOR has executed the Agreement and complied with the Notice of Awazd. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or have inserted at his direction) an effective date into this Agreement (which shall also be the date of agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page approving the Agreement as to form (which shall not occur until the BOARD is prepazed to deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is :_ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD By: Chai Jerrv Tavlor, Mavor (Type or Print) Attes ~ ~ ~~~,~~ Clerk of outh Central Regional Wastewater Treatment and Disposal Boazd Review and approved as to form (Boazd Attorney). Address for giving notice to the BOARD South Central Regional Wastewater Treatment and Disposal Boazd 1801 North Congress Avenue Delray Beach, Florida 33445 0:4645-010IB:07-18-07 A-17 SCRWI"&DB DEEP lNJECT/ON WELL SYSTEM Agreement-Signature page for CONTRACTOR IN WITNESS WHEREOF, the CONTRACTOR has caused this Agreement to be executed on the date shown in the attached acknowledgement. The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the BOARD's signature page approving the Agreement as to form, both of which, will not occur until after the CONTRACTOR has executed the Agreement and complied with the Notice of Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or have inserted at his direction) an effective date into this Agreement (which shall also be the date of agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page approving the Agreement as to form (which shall not occur until the BOARD is prepazed to deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is :_ CONTRACTOR: YOUn~QUist Brothers, Inc. By: (Signature) (Type or Print) (CORPORATE SEAL) Address for giving notices to CONTRACTOR (Type or Print Clearly) License No. Agent for service of process: (If CONTRACTOR is a corporation, limited liability company, partnership or other entity attach evidence of authority to sign.) 0:4645-01018:07-18-07 A-18 SCRWT&D8 DEEP INJECTION WELL SYSTEM CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (name and title of officer), of (name of corporation), formed in the state of , on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-010/8:07-18-07 A-19 SCRWT&OB DEEP INJECTION WELL SYSTEM ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (name of person acknowledged), who is personally know to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed Printed or Stamped Affix Notary Seal 0:4645-01018:07-18-07 A-20 SCRWTBDB DEEP INJECTION WELL SYSTEM ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by (insert name of acknowledging partner) of (insert name of partnership), a Partnership. He/She is (personally known to me) (or has produced identification) Signature of Person Taking Acknowledgment Name of Acknoweedger Typed, Printed or Stamped Affix Notary Seal 0:4645-010!8:07-18-07 A-21 SCRWT&DB DEEP lNJECTlON WELL SYSTEM ACKNOWLEDGMENT IF LIMTED LIABILITY COMPANY STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (insert name and title of the acknowledging manager or member) on behalf of (insert name of limited liability company). He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-01018:07-18-07 A-22 SCRWT&DB DEEP INJECTION WELL SYSTEM CERTIFICATE (if Corporation) STATE OF FLORIDA COUNTY OF SS I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 20 the following resolution was duly passed and adopted: "RESOLVED",that as (insert title- Pres. or Vice Pres.) of the corporation, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Boazd") and this corporation which was awarded to this corporation by the Board, and that his/her execution thereof, attested by the Secretary of the corporation and whether the corporate seal is affixed or not, shall be the official act and deed of this corporation". I represent and warrant that I am the Secretazy of the Corporation. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20 STATE OF COUNTY OF (Secretary) The foregoing instrument was sworn to and subscribed before me this day of 20,_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: Commission Expiration Date: 0:4645-010!6:07-18-07 A-23 SCRWTBDB DEEP lNJECTlON WELL SYSTEM CERTIFICATE (if Partnership) STATE OF FLORIDA ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the partners of (insert name of Partnershiu a Partnership under the laws of the State of held on .20 the following resolution was duly passed and adopted on behalf of the Partnership: "RESOLVED", that as (partner) of the Partnership, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Boazd") and this partnership which was awarded to this partnership by the Board and that his/her execution thereof shall be the official act and deed of this Partnership". I represent and warrant that I am a partner in the Partnership. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20,_. A Partner This form must be signed on behalf of the Partnership by at least one partner other than the one executing the Agreement with the BOARD. STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this day of 20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: AGREEMENT A-24 SCRWT&DS CERTIFICATE STATE OF FLORIDA COUNTY OF (if Limited Liability Company) SS I HEREBY CERTIFY that a meeting of the members of (insert name of Limited Liabili ~ Company a Limited Liability Company under the laws of the State of held on .20 the following resolution was duly passed and adopted on behalf of the Limited Liability Company: "RESOLVED", that (insert name as (insert whether manager or memberl of the Limited Liability Company, be he/she is hereby authorized to execute .the Agreement between the South Central Regional Wastewater Treatment and Disposal Boazd (the "Board") and this Limited Liability Company which was awazded to this Limited Liability Company by the Board, and that his execution thereof shall be the official act and deed of this Limited Liability Company". I represent and warrant that I am a member in the Limited Liability Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20,_. This form must be signed on behalf of the Limited Liability Company by at least one member other than the one executing the Agreement with the BOARD. STATE OF COUNTY OF A Member The foregoing instrument was sworn to and subscribed before me this day of 20_ by me or who has produced who is personally known to NOTARY PUBLIC STATE OF Printed Name: Commission Number; as identification. AGREEMENT A-25 SCRWT&OB RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, authorized Mr. Robert J. Hagel to execute the Contract with John J. Kirlin, Inc. for $9,912,500 on behalf of the Board to construct the Reclaimed Water System Expansion to 24 MGD when FDEP Permit becomes final. This action is to be ratified by the Cities and the amount of these expenditures is to be split 50/50 from each City's Capital Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:IdocslBdMtgslRatifs12006-20071DelrayBeachRatif 07-19-07.doc AGREEMENT THIS AGREEMENT is dated as of the day of , 200 by and between the South Central Regional Wastewater Treatment and Disposal Board hereinafter called the BOARD, and John J. Kirlin LLC hereinafter called CONTRACTOR. BOARD and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. For the Project entitled: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD Article 2. CONSULTANT. The Project has been designed by Hazen and Sawyer, P.C., who is hereinafter called CONSULTANT and who will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in the Contact Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES; LIQUIDATED DAMAGES 3.1 Contractor agrees that Work as defined below will be substantially completed within the amount of calendar days noted below from the date indicated in the Notice to Proceed with final completion within 30 calendar days after the date(s) of Substantial Completion(s). Sequence of Construction Item Substantial Completion (As per identified in Section 01520 entitled (From date identified in Notice to "Maintenance of Utility Operations During Proceed) Construction" Phase II -Two Deep Injection Well Pumps 270 days Phase N -Start-up of all remaining facilities 345 days 0:4645-011 SAGR:07-19-07 A-1 SCRWT&DB RECLA/MED WATER SYSTEM EXPANSION TO 24 MGD Contractor accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 3.2 Liquidated Damages. The BOARD and CONTRACTOR recognize that time is of the essence of this Agreement and that the BOARD will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The BOARD and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty} CONTRACTOR shall pay the BOARD one thousand dollars ($1,000.00) for each calendar day that expires after the time specified in paragraphs 3.1 for substantial completions) until the Work is substantially complete. After Substantial Completions) if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Times or any proper extension thereof granted by the BOARD, CONTRACTOR shall pay BOARD five hundred dollars ($500.00) for each calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final. payment. These amounts are not penalties but are liquidated damages to the BOARD for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the BOARD as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. 3.3 The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 3.4 the BOARD is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as the BOARD may, in its sole discretion, deem just and reasonable. [Remainder of this page left blank intentionally] 0:4645-07 7 SAGR:07-19-07 A-2 SCRWT&D8 RECLA/MED WATER SYSTEM EXPANSION TO 24 MGD SCHEDULE OF BID PRICES RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD Bid Item No. Quantity Description Total 1 Lump Sum For mobilization, demobilization, insurance and bond premiums, and miscellaneous work not covered under other Bid Items but required to complete the project in accordance with the Contract Documents for the lump sum price of Five Hundred Ninety Three Thousand Dollars and Zero Cents $ 593 000 00 . . 2 Lump Sum Furnish and install all labor, materials, equipment, services and incidentals for the construction of reclaimed water deep bed sand filters, modifications to the existing filter clear well to create additional chlorine contact basin capacity, an expansion of the existing filter building, installation of reclaimed water transfer pumps and piping, installation of deep injection well pumps and piping, installation of an emergency power generator, miscellaneous site improvements including civil, landscaping, mechanical, structural, architectural, instrumentation, electrical work and HVAC completed, tested and ready for operation and in accordance with the Contract Documents for the lump sump price of Nine Million Two Hundred Nineteen Thousand Five Hundred Dollars and Zero Cents 9 219 500.00 3 Lump Sum Contingency allowance for differing site conditions, undefined underground utilities, and additional work associated with the Reclaimed Water System Expansion to 24 MGD as directed by the BOARD complete and in place for the lump sum price of One hundred thousand Dollars and No Cents $ 100.000.00 0:4645-011 SAGR:07-19-07 A-3 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD TOTAL BASE BID PRICE FOR ITEMS 1 through 3 $9,112.500.00 Written: Nine Million One Hundred Twelve Thousand Five Hundred Dollars and Zero Cents. Article 4. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by CONSULTANT as provided in the General Conditions. 4.1 Progress Payments. The BOARD shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by CONSULTANT, on or about the first day of each month during construction as provided in the Contract Documents. CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR'S application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such other information and supporting evidence as may be required by CONSULTANT. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to CONSULTANT. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.6.3 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. In addition, the CONTRACTOR shall submit with each Application for Payment the executed Warranty (For Periodic Progress Payments). 4.1.1 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or the BOARD shall determine, that the BOARD may withhold, in accordance with paragraph 14.7 of the General Conditions or other provisions of the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the BOARD. 4.1.2. Prior to Substantial Completion, progress payments for materials -and equipment not incorporated in the Work but delivered and suitably stored and accompanied by documentation satisfactory to the BOARD, as provided in paragraph 14.2 of the General Conditions, will be made in an amount equal to 90% as established by the schedule of values. Any interest earned on the retainage shall accrue to the benefit of the BOARD. 0: 4645-011 SAGR:07-19-07 A-4 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, the BOARD shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in said paragraph 14.13. 4.3 The parties agree that to the extent that Florida Statute 218.70 is applicable all payments made to the CONTRACTOR, whether Partial or Final, shall be in accordance with Florida Statute §218.70 et seq. addressing payment, retainage and punchlist procedures for the performance of public works projects. Article 5. (Not Used) Article 6. CONTRACTOR'S REPRESENTATIONS AND ADDITIONAL AGREEMENTS In order to induce the BOARD to enter into this Agreement CONTRACTOR makes the following representations and additional agreements: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, Site and contiguous areas, the locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work at the Contract Price within the Contract Times and in accordance with the Contract Documents. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR in regard to such matters. 6.2 CONTRACTOR has obtained at his/her own expense and carefully studied, or assumes responsibility for obtaining and carefully studying explorations, examinations, investigations (including but not limited to soils), tests, reports, studies or similar information or data which pertain to the surface and subsurface conditions and surface and subsurface structures and Hazardous Environmental Conditions at the Site and contiguous areas and otherwise that in any manner may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of the Work at the Contract Price within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. No additional examinations, investiga- tions, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has reviewed and verified all information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. Neither the BOARD or CONSULTANT shall be responsible for the completeness or accuracy of such information or data. CONTRACTOR shall be solely responsible for locating accurately all Underground Facilities. No additional examinations, investigations, explorations, 0:4645-011 SAGR:07-19-07 A-5 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.4 Neither the BOARD or CONSULTANT have made any representations to the CONTRACTOR as to conditions at the Site or contiguous areas including but not limited to surface or subsurface conditions, surface and subsurface structures, Underground Facilities or Hazardous Environmental Conditions. CONTRACTOR is relying upon its own independent observations, examinations, investigations, explorations, tests, reports and studies as to all such matters. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given CONSULTANT written notice of all conflicts, errors or discrepancies in the Contract Documents that CONTRACTOR has discovered and the written resolution thereof by CONSULTANT is acceptable to CONTRACTOR. 6.7 The Contract Documents are sufficient to indicate and convey an understanding of all terms and conditions for performance and furnishing the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the BOARD and CONTRACTOR concerning the Work consist of the following: 7.1. Advertisement for Bids (Pages AB-1 and AB-2). 7.2. Instructions to Bidders (pages IB-1 to IB-12 and attached EXHIBIT INS-REQ). 7.3. Proposal (Bid Form) (pages P-1 to P-23). 7.4. CONTRACTOR'S Bid (pages P-1 to P-23 with attachments). 7.5. Bid Bond (pages P-15 to P-16). 7.6. This Agreement (pages A-1 to A-22). 7.7. Common Law Performance Bond (pages CLPRB-1 to CLPRB-4, inclusive). 7.8. Statutory Payment Bond (pages STPYB-1 to STPYB-3). 0:4645-011 SAGR:07-19-07 A-6 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD 7.9. Notice of Award (pages NA-1 to NA-3). 7.10. Notice to Proceed (page NTP-1). 7.11. Certificate of Substantial Completion (pages CSC-1 and CSC-2). 7.12. Warranty (For Periodic Progress Payments) (pages WT-1). 7.13. Final Receipt-Release ofLien-Warranty (pgs. FR-1 to FR-2). 7.14. General Conditions (pages GC-1 to GC-57). 7.15. All Addenda issued prior to the opening of Bids. 7.16. Volume I entitled Contract Requirements containing all of the forms of the documents referred to in the following subsections of this Article 7: 7.1.,7.2.,7.3.,7.4,7.5.,7.6., 7.7., 7.8.,7.9.,7.10.,7.11.,7.12.,7.13. and 7.14. 7.17. Volume II entitled Technical Specifications containing DIVISIONS 1-10. 7.18 Volume III entitled Technical Specifications containing DIVISIONS 11-17. 7.19 Volume IV containing the Drawings and other requirements consisting of title sheet and sheets numbered 1 through 122, with each sheet bearing the following general title: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD 7.20 Attachment A - Geotechnical Reports. 7.21. Documentation submitted by CONTRACTOR prior to Notice of Award (N/A). 7.22. The following which may be delivered or issued after the Effective Date of this Agreement and are not attached hereto: All Written Amendments, Change Orders and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 7.23 Attachments are the following: N/A 7.24 rcn~ f!- 6v's1~33@}3s ~a-iir-crate-z-~~2c~v-~^avvr~vvF33t4sucv-t~3e--cvirt~tk6c D@e~re~ts". ~ri,o..o ., o ,. r,...+..,.,.~ r~,.,.,,,.,..e«~~ „*1..0.. ~t,.,., ~t,,.~o i;..~oa „t.,.,.e 0:4645-01 ? SAGR:07-19-07 A-7 SCRWT&DB RECCA/MED WATER SYSTEM EXPANSION TO 24 MGD }'~~ ~ " ~*~ ~' ° ' All of the documents fisted in this Article 7 above (except 7.20) constitute the "Contract Documents"'. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions. Article 8 INDEMNITY . This Agreement includes consideration for the indemnification provision contained in Section 6.30 of the General Conditions which is incorporated herein, and made a part hereof, as if fully set forth herein. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the BOARD for all expenses of CONSULTING and inspection incurred by the BOARD during the period between said specified or adjusted time and the actual date of final completion. All such expenses for CONSULTING and inspection incurred by the BOARD will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses are further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. MISCELLANEOUS: 10.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meaning indicated in the General Conditions. 10.2. Neither the Contract Documents nor any interest herein shall be assigned, transferred, or encumbered by the CONTRACTOR nor shall the BOARD be liable to any assignee or transferee or any other person, without the written consent of the BOARD, to the assignment, transfer or encumbrance which consent, the BOARD may grant or deny, in the BOARD'S sole and absolute discretion. If any such assignment, transfer or encumbrance is consented to by the BOARD, the BOARD shall not release or discharge CONTRACTOR from any obligation hereunder. In any event, the BOARD shall not approve an assignment, transfer or encumbrance unless the Surety on the Common Law Performance Bond and Statutory Payment Bond has informed the BOARD in writing that it consents to the assignment, transfer or encumbrance. In addition, CONTRACTOR shall not subcontract any portion of the Work required by the Contract Documents except as authorized by the Contract Documents. 10.3. The BOARD and CONTRACTOR each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, ' Addendum No. 1 0:4645-011 SAGR:07-19-07 A-8 SCRWT&DB RECLA/MED WATER SYSTEM EXPANSION TO 24 MGD assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.4 CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to competently perform the duties, obligations, and services described as Work and to provide and perform such services to the BOARD's satisfaction for the agreed compensation. 10.5 The BOARD and CONTRACTOR agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 10.6 No waiver of any provision of the Contract Documents by the BOARD shall be effective against the BOARD unless it is in writing and signed by the BOARD, and shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. BOARD's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. No waiver of any breach of any provision of the Contract Documents by the BOARD shall be effective against the BOARD unless it is in writing and signed by the BOARD and any such waiver shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 10.7 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 10.8 CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract 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 the BOARD. This Contract shall not constitute or make the parties a partnership or joint venture. 10.9 ~ei~fr~-p3`t~lis-Eei~c "rctv~i~riv~'efe~t~(tiffs-E~ee-t~irn~~xv~rc-c^aviro 10.9 "Except as set forth in paragraph 6.30 of the General Conditions, neither CONTRACTOR nor the BOARD intends to directly or substantially benefit a third party. Except as set forth in paragraph 6.30 of the General Conditions, there are no third party beneficiaries to this Contract and no 0:4645-011 SAGR:07-19-07 A-9 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD third party shall be entitled to assert a claim against either of them based upon this Contract."' 10.10 The BOARD is a subdivision as defined in Chapter 768.28, Florida Statutes. Nothing in the Contract Documents is intended to serve nor shall it serve as a waiver of sovereign immunity by the BOARD. 10.11 In the event any term or provision of the Contract Documents shall be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of the Contract Documents shall be construed to be in full force and effect. 10.12 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 by Federal Express or similar overnight delivery service 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 addresses for notice as are set forth on the signature page of this Agreement. 10.13 By entering into this Contract, CONTRACTOR and BOARD hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all Subcontractors to the provisions of this Contract. 10.14 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10.15 This Agreement maybe executed in one or more counterparts, each of which shall be deemed to be an original, and all of which, taken together, shall be deemed to constitute one agreement. 10.16 ~~ n:.7 +,. (VITTTD A r''TlID .,l...le n.-+ F +L. ~7I7 1 .i +1.' "b Y as v u A ...-oe ..+ n+ n +:....., ..•ti.:lo +t,;n A .... ..+ : o~ ..+ n o f',...~..,. .- nl ln,...1. b` ++ j ni o 'Addendum No. 1 0:4645-01 ? SAGR:07-19-07 A-10 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD ^ a t- 8~ t~ ~ ' ~- ,.:a•, ~~r ~ ~ ~i ~ t ~~ ,•• ~ ° ~ i c c -i ~i H4 i ~ 8C g~ek3 &~ fi ~x-r v ~°iu £e~--13 5 ~6~3~ @ Ei -~ ~~}k {' ' ~ ^~ ~ ~'„t~•,•,,• •1 ~ ~ u ~ i g i~ ~ ifk ~ V~ ~Fk8 9r~ aa ~ « ~~ - ~,o }-fi ~ ~ ~ ,.t;,,..,.o .;~~, ,,.~, ~,.,a;..,. ,. :, 6ei~ F&B 9 e g~'~ ~ 10.16 Notwithstanding anything in the Contract Documents to the contrary the following provisions of this paragraph shall apply: The CONTRACTOR agrees that CONTRACTOR shall comply with all laws, rules and grant funding requirements of all Agencies that have or will be providing any grant funding to the BOARD related in any way to the Work and CONTRACTOR shall require all Subcontractors (and subcontractors as defined by such Agencies) to comply with all such laws, rules and requirements. The term "Agencies" for purposes of this paragraph shall mean any and all governments and quasi governments and shall include but not limited to local, regional (such as but not limited to South Florida Water Management District), State and Federal governments and quasi governments and all agencies and instrumentalities thereof. After notice from BOARD of potential or actual grant funding the CONTRACTOR shall not take or omit to take any action, nor allow any Subcontractor or subcontractor as defined by any such Agencies to take or omit to take any action that would cause the BOARD to lose or be ineligible for funding or cause the BOARD to be in violation of any of the requirements for such funding. CONTRACTOR shall, and shall cause Subcontractors and subcontractors as defined by the Agencies, to immediately remedy any deficiency or violation found by the BOARD upon notice of such from the 0:4645-011 SA GR:07-19-07 A-11 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD BOARD. CONTRACTOR agrees that the Contract Documents may be amended by the BOARD upon notice to the CONTRACTOR without further act of the parties, to conform to all laws, regulations and requirements pertaining to any grant funding and such amendments shall be binding upon CONTRACTOR. Alternatively, the BOARD may request CONTRACTOR to execute such amendments and CONTRACTOR shall do so and deliver them to the BOARD within 7 days of BOARD's written request. CONTRACTOR shall also require of all Subcontractors (and subcontractors as defined by the funding Agencies) that their subcontracts be amended to conform to all laws, regulations and requirements pertaining to any grant funding and CONTRACTOR within 10 days of BOARD's written request shall deliver to BOARD the amended subcontracts. In addition to the other requirements of the Contract Documents pertaining to records and access thereto, the CONTRACTOR shall maintain and retain its records and allow access thereto (by the BOARD and all other required Agencies and parties) and similarly require each Subcontractor (and subcontractors as defined by such Agencies) to maintain and retain and allow access to their records (by the BOARD and all other required Agencies and parties) in compliance with the requirements of the Florida Single Audit Act, the Federal Single Audit Act, OMB Circular 133 and in compliance all other laws, rules and requirements pertaining to any grant funding. CONTRACTOR shall deliver to the BOARD within 7 days of BOARD's written request all documents, data, records, certifications, reports and other information required by any of the Agencies or required by the BOARD for the BOARD to be able to comply with requirements of the funding Agencies. CONTRACTOR is hereby notified: (i) that the BOARD has or will apply for funding to the South Florida Water Management District ("SFWMD") pursuant to the SFWMD's Alternative Water Supply Funding Program (ii) that the BOARD has applied for and been approved for a grant pursuant to Florida Statute 216.052 to be administered by the Florida Department of Environmental Protection and (iii) BOARD reserves the right to apply for other grants. To the extent required in order for the BOARD to be in compliance with all grant funding requirements,. CONTRACTOR's obligations under the above provisions of this paragraph shall survive any expiration or termination of this Agreement (regardless of who terminates and the reason therefore). In addition to the above, and all other rights of the BOARD under the Contract Documents to have access to or audit of CONTRACTOR'S records, CONTRACTOR agrees that whenever the BOARD requests, CONTRACTOR shall allow the BOARD (including any parties BOARD may designate) at any time, during normal business hours, access to CONTRACTOR's financial and non financial records including but not limited to the BOARD having the right to conduct on site visits, plant visits and audits and the BOARD shall be entitled to retain copies of all records, documents, reports, data and other information related in any way to .the Work. In addition, CONTRACTOR shall deliver to the BOARD within 7 0:4645-011SAGR:07-19-07 A-12 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD days of BOARD's written request all documents, data, records, certifications, reports and other information related in any way to the Work. The foregoing two sentences shall survive any expiration or termination of this Agreement (regardless of who terminates and the reason therefore). CONTRACTOR's performance in regard to the requirements of this Paragraph shall be without increase in the Contract Price or Contract Times."' 10.17 CONTRACTOR shall comply with all provisions of Federal, State and local laws and regulations in regard to the performance of the Work. In addition and without limiting the foregoing, the CONTRACTOR is required to and shall comply with the provisions of subsection 255.20(3) Florida Statutes regarding lumber, timber and forest products to be utilized in performing the Work. [Remainder of this page left blank intentionally) ' Addendum No. 1 0:4645-011 SAGR:07-19-07 A-13 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD AGREEMENT-SIGNATURE PAGE FOR BOARD IN WITNESS WHEREOF, the BOARD has caused this signature page bearing its signature to be inserted into this Agreement. The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the BOARD's signature page approving the Agreement as to form, both of which, will not occur until after the CONTRACTOR has executed the Agreement and complied with the Notice of Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or have inserted at his direction) an effective date into this Agreement (which shall also be the date of this Agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page approving the Agreement as to form (which shall not occur until the BOARD is prepared to deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD By: hairman Jem Taylor, Mayor (Type or Print) AttestG~/1ry1 ` ~~l2~/r~ Clerk of South Central Regional Wastewater Treatment and Disposal Board Review and approved as to form (Board Attorney). Address for giving notice to the BOARD South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, Florida 33445 0:4645-011 SAGR:07-19-07 A-14 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD AGREEMENT-SIGNATURE PAGE FOR CONTRACTOR IN WITNESS WHEREOF, the CONTRACTOR has caused this Agreement to be executed on the date shown in the attached acknowledgement. The effective date of this Agreement shall be a date after which: (i) the BOARD has inserted its signed signature page into this Agreement, and (ii) the BOARD's attorney has signed the BOARD's signature page approving the Agreement as to form, both of which, will not occur until after the CONTRACTOR has executed the Agreement and complied with the Notice of Award. BOARD and CONTRACTOR agree and authorize the BOARD's attorney to insert (or have inserted at his direction) an effective date into this Agreement (which shall also be the date of this Agreement) which shall be the date the BOARD's attorney signs the BOARD's signature page approving the Agreement as to form (which shall not occur until the BOARD is prepared to deliver the signed Agreement to the CONTRACTOR). The effective date of this Agreement is John J. Kirlin. Inc. CONTRACTOR By: (Signature) (Type or Print) (CORPORATE SEAL) Address for giving notices to CONTRACTOR (Type or Print Clearly) License No. Agent for service of process: (If CONTRACTOR is a corporation, limited liability company, partnership or other entity attach evidence of authority to sign.) 0:4645-011SAGR:07-19-07 A-15 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (name and title of officer), of (name of corporation), formed in the state of , on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Akknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-011 SAGR:07-19-07 A-16 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (name of person acknowledged), who is personally know to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed Printed or Stamped Affix Notary Seal 0:4645-011 SAGR:07-19-07 A-17 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (insert name of acknowledging partner) of (insert name of partnership), a Partnership. He/She is (personally known to me) (or has produced identification) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-011 SAGR:07-i9-07 A-18 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD ACKNOWLEDGMENT IF LIMTED LIABILITY COMPANY STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (insert name and title of the acknowledging manager or member) on behalf of (insert name of limited liability company). He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Affix Notary Seal 0:4645-011 SAGR:07-19-07 A-19 SCRWT&DB RECtA/MED WATER SYSTEM EXPANSION TO 24 MGD CERTIFICATE (if Corporation) STATE OF FLORIDA COUNTY OF SS I HEREBY CERTIFY that a meeting of the Board of Directors of _ a corporation under the laws of the State of held on 20 the following resolution was duly passed and adopted: "RESOLVED",that , as (insert title- Pres. or Vice Pres.) of the corporation, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Board") and this corporation which was awarded to this corporation by the Board, and that his/her execution thereof, attested by the Secretary of the corporation and whether the corporate seal is affixed or not, shall be the official act and deed of this corporation". I represent and warrant that I am the Secretary of the Corporation. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20 (Secretary) STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this day of 20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: Commission Expiration Date: 0:4645-011 SAGR:07-19-07 A-20 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD CERTIFICATE (if Partnership) STATE OF FLORIDA COUNTY OF SS I HEREBY CERTIFY that a meeting of the partners of (insert name of Partnership, a Partnership under the laws of the State of held on ,20 the following resolution was duly passed and adopted on behalf of the Partnership: "RESOLVED", that , as (partner) of the Partnership, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Board (the "Board") and this partnership which was awarded to this partnership by the Board and that his/her execution thereof shall be the official act and deed of this Partnership". 1 represent and warrant that I am a partner in the Partnership. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this A Partner This form must be signed on behalf of the Partnership by at least one partner other than the one executing the Agreement with the BOARD. STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this day of 20_ by me or who has produced 0:4645-091 SAGR:07-16-07 as identification. day of 20,_. who is personally known to NOTARY PUBLIC STATE OF Printed Name: Commission Number: A-21 SCRWT&DB RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD CERTIFICATE (if Limited Liability Company) STATE OF FLORIDA COUNTY OF SS I HEREBY CERTIFY that a meeting of the members of a Limited Liability Company under the laws of the State of held on ,20 the following resolution was duly passed and adopted on behalf of the Limited Liability Company: "RESOLVED", that (insert name as (insert whether manaeer or member) of the Limited Liability Company, be he/she is hereby authorized to execute the Agreement between the South Central Regional Wastewater Treatment and Disposal Boazd (the "Board") and this Limited Liability Company which was awarded to this Limited Liability Company by the Board, and that his execution thereof shall be the official act and deed of this Limited Liability Company". I represent and warrant that I am a member in the Limited Liability Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20,_. A Member This form must be signed on behalf of the Limited Liability Company by at least one member other than the one executing the Agreement with the BOARD. STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me this day of 20_ by who is personally known to me or who has produced as identification. NOTARY PUBLIC STATE OF Printed Name: Commission Number: 0:4645-0? 1 SAGR:07-16-07 A-22 SCRWT&DS RECLAIMED WATER SYSTEM EXPANSION TO 24 MGD RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 19, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JULY 19, 2007, by a vote of 8-0, accepted the 2007/2008 organizational chart and salary range revision. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:IdocslBdMtgsU4atifs12006-20071Delray8eachRatif 07-19-07.doc v ti F CO ~, X W Q D w V Q 0 m a 0 a O~ ~o z N Q Q Z W ~ ~ ao OQo O O ~ N H ~ ~ O ~ ~ W N V Q e`o V1 N ea as n aJ z O w J z W 2 ~" W ~ Z Q ~ Z O O Qp m~ ~ Q Q ... ~~ ~ ~ J ;~ ~ ~-. r ~ ;, 7~ri Z 4 oW U ~~ ., w .~ ~ ~ Q "r^ ,~ W ~ ~~ ~~/J~ ;m ~ ~'' y , ~.. ~ ~ ~ ~" w ~0 Q ~ ~''~~ ~ ° ~C o ' } ~ o m N ~~ f~ N ~ N O ~ wZ O _ ~ c~ U Z H > O Z ~ Q V~ HW Q O W a~F'az? U XWQmQO z ~ a wO~gLL.Q L xZ J .N a~ ~ :~.. ~~ U X W a ter` c"ti Q cn ' . ~.. C6 u. Z 'O ~O Q .:Q ~ LL 1..1. L.L w p ~ ~ U U . '{n ~ ~ o ~ °~ Q LU ~ ~ J W ~ U Z to W ~-- W Z p;. cQ G Z Q U U Z ,~ ~ Q _ ._ w w J W 0 0 U 0 h MEMORANDUM TO: David T. Harden, City Manager THRU: Richard C. Hasko, Environmental Services Director FROM: Carolanne Kucmerowski, Construction Management Technici ~~ SUBJECT: AGENDA ITEM - ~ • B CITY COMMISSION MEETING OF AUGUST 7.2007 CI3ANGE ORDER N0.3/C~IAZ EQUIPMENT COMPANY, INC./BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENTS PROJECT #2005-014 DATE: July 2b, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve Change Order No. 3 in the amount of $20,000.00 to Chaz Equipment Company, Inc. for the connection of eight {$) properties to an 8" water main on Swinton Avenue for the Block 64 Drainage and Water Main Improvements Project. BACKGROUND The information available during the design process of the Block 64 project indicated that these eight (8) properties were serviced from Swinton Avenue but, during construction, it was discovered that these residential units were serviced from the alley. Therefore, there is no provision for the connection to an 8" water main for the properties on the east side of the alley. The plans call for the removal of a 2" water main in the alley, at the rear of the properties. Included in the plans are provisions far installing services from S.W. lst Avenue, for the properties on the west side of the alley but, there is no provision for the properties on the east side of the alley. In order to abandon and remove the 2" water main in the alley, it is necessary to install services on an existing 8" water main on the east side of Swinton to the property line on the west side; and run a new private side connection from the property Iine to the back of the house service connection point. T'he contractor, Chaz Equipment Company, Inc., has provided a quote for the work at a cost of $20,000.00; and an appropriate time extension of fifteen (15) days to perform this additional work. The pricing is commensurate with industry pricing for the scope of work. All costs associated with this change order for Project #2005-014 are detailed on the attached Schedule "A". FUNDING SOURCE Funding is available from 442-5178-536-65.33 (Water Sewer Renewal & Replacement Fund/Other ImprovementsBlock 64 Improvements) after budget transfer. RECOMMENDATION Staff recommends approval of Change C}rder No. 3 in the amount of $20,x00.00 to Chaz Equipment Company, Inc. for the connection of eight {8} properties to an 8" water main on Swinton Avenue for the Block 64 Drainage and Water Main Improvements Project. cc: Richard Hasko; Director of ESD Randal Krejcarek, City Engines Rafael Ballcstero; Dep. Director of Comutwtion, ESD Agenda File 08/07!07 Fite 2005-014 (E) S:tSnaAdn3alYmjaota+20051200SA14~OPFtCIALIChaz CO 3 Agd Mm GC 080707.dx CITY 0>s DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 PROJECT NO. 2005-014 DATE: PROJECT TITLE: Block b4 Drainage and Water Main Improvements Project TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional work required for the installation of an 8" water main service for eight (8} properties on Swinton Avenue per the attached Schedule °A" (Chaz proposal); a contract extension of fifteen (15) days. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $415,957.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 118.540.00 ADJUSTEb CONTRACT` AMOUNT PRIOR TO THIS CHANGE ORDER $534,497.00 COST OF CONSTRUCTION CHANGES THIS ORDER $20.000.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $554,497.00 PER CENT INCREASE THIS CHANGE ORDER 4.80% TOTAL PER CENT INCREASE TO DATE 33.30 TOTAL CONTRACT TIME WILL BE INCREASED BY 15 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Co., Inc. (Contractor to sign ~ seal} TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 442-517&53fi-65.33 DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED: Environmental Services City Attorney S:1En~AMnotProjeek17A05S20p5.011VD}FICIAL1C7oez CO 3 OC 064707.doe By: Mayor ATTEST: By. City Clerk CERTIFIED BY ~~1~ ~ s, 2€~~ Irlic.:l~afael B~ll~€erti ilia E-~tia~~ C~ of C3el~ay~ Beach Ertgin~ring 43~ Sauth Bwin#on ~er~ue t~eiray Bead: I~L ~: lie: City of Qe~tay' 6eaoh Biocl~ B~ Imps't~verrients Adc~ti€t service on e~tir~g tl~M on &wi~tt~ i.r [~Ir. Balie~te: ~ d~ssetl, ~e p ill fc~r rae~rtoval of ° 2A water main ire the Bloch +~ may: ~'hs~e erg ;p~ovis[or~s fcir iristaf~ing ser~ti€~s fry S V1t '~~` for the properties on<the west s~1a of the alley. Thee ~s ~o }~r~~sicsr~ for #~e properties nh the east. e~c~e ~f ~e alley t fro~# ~wir}toi~ Aye, There are eight (8) prc~perti~s #f7at are affeote~l. Its ogler tti get tEiese prr~perties ofd tine 2" nzaiin it is nesary'tti irtsta#1_~ervica~ e~ e~sting B" rr~ain can the easy side o~ ~~ir~tan to t~se p~perty line o~ w~~# +~; a~ri a r}ew pate side ~anne~ir~n fc~rrn ti"ie P~t~ (ire t~ hack of the ser-wire conne~ian ~soictt. ~s the work is outside the p~j~t iimlts prtc~:. i~cltttles ail lV'EaT, olea~i~, service cones and restarat~n. The Ta~i~t' l~e# Ate thXs Charge t~t~t' ~t is 8 ~x~ic~.x ~2;5fl-t9>t#~ - $~D,t~f;i~t: ~4fso i~c/u~d~at in this .Gharn~re ~ ragtras! ~s am at~'t~~l ~5: err~rr d-a,~s to the ~rn~ra~t Mme tf tl!re abeiue is aoceptairrr[e please isssae a Change t)rder to us. ~~~lys Noiarard 1Nfgl'}t, ~Cee President ~G: Prc~ect Book Agenda Item No.: ~~ AGENDA REQUEST Request to be ptaced on: DATE: JULY 26, 2007 Consent Agenda x Regular Agenda WHEN: AUGUST 7.2007 Commission Meeting Special Agenda Workshop Agenda Description of item (who, what, where, haw much): Change Order No. 3 in the amount of $20,000.00 to Chaz Equipment Company, Inc. for the connection of eight (8) properties to an 8" water main on Swinton Avenue for the Block 64 Drainage and Water Main Improvements Project #2005-014. The information available during the design process of the Block 64 project indicated that these eight {8) properties were serviced from Swinton Avenue but, during construction, it was discovered that #hese residential units were serviced from the alley. Therefore, there is no provision for the connection to an 8' water main for the properties on the east side of the alley. The plans call for the removal of a 2" water main in the alley, at the rear of the properties. Included in the plans are provisions for installing services from S.W. 1 st Avenue, for the properties on the west side of the alley but, there is no provision for the properties on the east side of the alley. in order to abandon and remove the 2" water main in the alley, it is necessary to install services on an existing 8' water main on the east side of Swinton to the property sine on the west side; and run a new private side connection from the property line to the back of the house service connection paint. The contractor, Chaz Equipment company, Inc., has provided a quote for the work at a cost of $20,000.00; and an appropriate time extension of fifteen (15) days to perform this additional work. The pricing is commensurate with industry pricing for the scope of work. All costs associated with this change order for Project #2005-014 are detailed on the attached Schedule 'A". Funding is available from 442-5178-536-fi5.33 (Water Sewer Renewal & Replacement FundlOther Improvements/ Block 64 improvements) after budget transfer. Budget transfer form attached: Transferring $37,267.00 from #442- 5178-536-63.50 and $2,733.00 from #442-5178-536-63.51 to #4425178-53fi-65.33. ORDiNANCEIRESOLUTlON REQUIRED: NO Recommendation: Staff recommends approval of Change Order No. 3 in the amount of $20,000.00 to Chaz Equipment Company, Inc. far the connection of ei 8) properties to an 8" w main on Swinton Avenue for the Block 64 Drainage and Water Main Improvemen Pro' Department Hea Signature: ~~~° ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on ail items involving expenditure of funds): Lam. Funding available ES fter bud t transfer Funding alternative NIA (if applicable) Account No. 8~ Description: #442-5178-536-65.33 (After Budget Transfer) (Water/Sewer Renewal ~ Replacement Fund/Other Imarovements/Block 6411marovementsl City Manager Review: ~~,, Approved for agenda:/YBSUNO Hold Until: ~~// Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved S:1FingAdmm~Pmjects~20 05120 05-Oi4tOFFICfAL~ CO 3 AQmda Reg GC 080707,doc MEMORANDUM TO: Mayor and Commissioners FROM: Bob Diaz, Construction Manag THROUGH: David T. Harden, City Manager DATE: July 30, 2007 SUBJECT: CONTRACT CLOSEOUT (CHANGE ORDER N0.6/FINALI/DURACLEAN~ INC. /PROJECT 2006-039 ITEM BEFORE THE COMMISSIQN This item is before the Commission to approve a Contract Closeout (Change Order No. 6/Final} in the amount of $46,81598 and final payment amount of $49,825.98 to Duraclean, Inc. for completion of the water damage remediation scope of work regarding Fire Stations 1, 2, 3 and 5. BACKGROUND Duraclean d/b/a The Principal Group completed extensive restoration services at Fire Stations 1, 2, 3 and 5. As encountered during the decontamination process at the Dekay Beach Golf & Country Club and City Hall and typical with respects to the nature of microbial migration, visible mold beyond the areas originally identified by the targeted evaluation report were encountered within wall and ceiling cavities. Duraclean under the supervision of REP & Associates (Environmental Scientists/Engineers) complied with all the written protocols as identified in the report and encountered at the site. The project is complete and all closeout documentation has been received. FUNDING SOURCE Funds are proposed from account number 001-2311-522-46.10 (General Fund/Fire Repair & Building Maintenance) RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. b/Final) in the amount of $4b,815.98 and final payment amount of $49,825.98 to Duraclean, Inc. for completion of the water damage remediation of Fire Stations 1, 2, 3 and S. x: Rk~arti C. Ftasko, Director of Environmental Servloes Randal KroJcarok, Clty Engineer Rafael Bslbattro, Deputy Direotar of Conatructlan City Cbrk Agenda Flb: Oti/07107 File 2006-039 (E) S:1EnyAdednVPca,{acU1200612006-039~OFFIGSAUDar~clam Fia~F AytodaWaxu~m COME F®~l Agd Mm GC 08.07.09.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 6 !Final PROJECT NO. 2406-039 DATE: PROJECT TITLE: Fire Station No. I, 2, 3 & 5 TO CONTRACTOR; Duraclean d/b/a The Principle Group LLC YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes fo project per the atfached Scheduke "A" (Duraclean Proposals) SUMMARY' OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT ~ $ 50,281.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 73.065.34 AD3USTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $123,346.34 COST OF CONSTRUCTION CHANGES THIS ORDER $ 4b.815.98 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $170,162.32 PER CENT INCREASE THIS CHANGE ORDER 93.10 TOTAL PER CENT INCREASE TO DATE 23 8.41 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cast of the originai work contracted for under benefit of competitive bidding. Duraciean d/b/a The Principle Group LLC (Contractor to sign 8c seal) TO BE FLLLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is proposed from account: 001-2311-622-46.10$48,815.98 DEPARTMENT FUNDING CERTIFIED BY RECOMMEND: By: Environmental Services City Manager ATTEST: APPROVED: By; City Attorney City Clerk na wa range er Amt. Amt. City Hall North Wing Delrey Beach GoN ~ Country Ciub s~5,os4.oo 526,247.00 Original Contract Total 550,281.00 Change Order No.1 -CITY HALL Additional contaminated areas discovered during the removal of the vinyl wall paper adjacent to the exterior windows $9,333.00 Change Order No. 2 C/0 2 created by City of Delray Beach finance department and referred to as a reverse entry No added costs to any contract amount N!A Change Order No . 3 (Contract Addttlon) -FIRE STATIONS Fire Stations No. 1,2,3 8 5 Mold Remediation requested by F.D. 517,677.78 Change Order No. 4 8 5 -GOLF CLUB Dramatic increase in scope of remediation upon discovery of mold throughout the drywaA ceilings, ~s4 above the mukila~rer desystem & insulation 546,054.56 Change Order No. 6-FIRE STATIONS 1,2,3 & 5 Additional contaminated areas discovered with in the walls throughout the building, window remedialion Note: Commission Agenda (Schedule "A")attachment r+efiects a total amount of 549,825.98 including the balance left on the original purchase order of 53,010.00 for a net change of 546,816.98 546,815.98 Change OrderTotat Amount $119,88!.32 Revised Contrect Amount Includf ALL than oMers 5170162.32 SCHEDULE "A ~~~ ~~~~ Duracletia Res.tora~ion aad Remediatiioa CGC 1504259 37251nvestment.Iane Riviera Heacfi, Florida 33404 {561.) 88I-8898 phone (561) 881-8668 fax Roodu 06-04494 CO 1!#tl~tA;1I;0? DESCR.IPTTQN QNTY iJNfl"'COST Tt71'AL Remediatlon Technician - perhour, addabnal ren~ediation 287.00:}i[t ~r 46.00= 13;2.00 throughoutfire station.#1: Scope e~anded in originally identi5ed areas and iemediation conducted in additional areas. iVeg. air fanlAir scrub -Large (per24 hrperiod~ 5 units, 5 days 35.OQ DA@ 120:92= 3;023.00 Neuldebris - pecpicIniptruek bad -including dump fens 1,00 FA r~ 132,06= I32.06 Shop supplies '{uisqueen. bags, PPt:;filters, etc...}- - 1.00 F.,A(c~ 690:00= 640:00 Windown~pairs-{Itecaulkofwindows,gia~ngto fxames and frames to 1:OO.EAQ. 36ti9.f10~ 3;669.00 stntctute..'I'esting revealed severo teals in hurricane shutters3 Drywall Installer/ Finisher! GarpenterlPainter- per.haur; I.QO JBQ ?500.00-' 7,500:OD recaosstntctnetnediated.areas.{133 hours speni:'Qa,$65perhour= .$8645. Billntg. $7500) Grand Tata1 A:reas.: 0.00 SF Walls 0.00 SF Fbar 0.00 SF~ong War! O.QO Floor Area 0.00 F~derior Wall-Area 0.00 Surface' Area 0.00 'fora! Ridge LcngEh 0:00 SFt~iting 0.00 SF Walls.&Ceila;g 0.00 SYFlooring 0.00 LFFtaorl?erimater 0.00 SF Short Wall 0.00 LF Cert. Pcrirtmter O:DO Total Area 0;00 Interior Wsil Area 0;00 ~deriocPerimeterof Walls 0.00 'Numberof5quares 0:00 Total PerimeterLengtti 4.00 Total Hip I:ength 0:011 Area ofFace.1 Ob-D'4494 CO i01v1AR07 06/0412007 Pagt: 3 Dnr~clean.Restoration.and Refnaediation CGS 1504259 3728:investment Ianc Itivieta l3eacfi, Florida 334D4 ~ (5G1) 881=6898 phone (5G1.) 88:1-8668 fax ~uintrgnry for Mold Re~edirition - M Line Item Total Getitnd ToW ZS;166:06 Chad lNiatliis 2f9,16BA6 06.04A9~4_CO IflMAl207 O6J(I41~ Page: ~ Dwraclean Restoration and Remedla#ion CGC 1504259 37251nvestmentlane Riviera Beao~t Florida 39404 -® (Sb1)881-8898.phone (351} 8$1-8668 fax Roorrc 06-ti449d CO IOMAR07 D>lSCRIP'lTOl~i QNII' LAV1T COST 'IDTAL A,entedietian Technician - perhour, additional nemediation in dorms 8 2$AD HR(a 46:DD= 1,288.00 and`9. Removed rdtsinets, t~mediated drywatl,.encapsuiated and' nacro-cleaned areas as directed by`RFP on-site. haul debris -per pickup truckload -including dump fee 1.00~1[a} 132:U6= i32A6 Neg:sir fan/Air scrub.-Large {per 24 hr period); 2 units, 2 days 4.00 DA c{~j. 120:92= 483.8$ Shop supplies (visqueen, fillers, PPE, bags, tapn,.etc...) - 1:00 EA@ 75.x- 75.00 I)tyvveilllnstafier7Finisher/cat}~enter/painter-per hour;c~cconstruct IO:OOiHR~ 65.00= 65O.Q0 roauliated epees Reconstnrctian materials (drywall, paint, ward, etc..,) 1.00 FA. a~ 204.00= 204.04 Grand Total Areas: 0;00 SF W ells 0.00 SF Floor D.00 SF..Long Wail 0.00 FloorArea 0.00 F~terior Wall At+ea 0.00 Stttface Area 0.00 Total Ridge Length 0.00 SF Ceiling 0:00 SYElooring 0.00 SF~Short Wall 0.00 .`totatArea 0.00 Eaderiar Pcrgneter of Walls 0.00 !Number of Squares 0.00 Total Hip Length 0:00 SF Walls 8c Ceiling. 0,00 LF Fbor Perimeter 0.00 Ll~ Celt: Perimeter 0.00 Interior W a!I Area 0.00 Total PernneterLength O;OD Aree of Face 1 06.04496 IX'1 i0N1AR07 06/04!2007 Page: 2 Dnrae~eanRestoraiionaudRemediation CGC15Q~t2~59 3725InveattnentLsne Riviera Beacfi, Florida. 33404 '~ (561) $81-8898 phone (561) 881-8b68 fax Svmxttary fo~r.ll+IoklRemediiation - M Lane Item Total Grand'lbtA! 2,83? 74 Chad Mathis 2,832:74 U6.0449b CO IOMAR07 06lQ4t2007 Page: ~ Duraclestn Restoration tatndRemediation CGC iSU42S9 3T25 Investment lane Riviera Beach, Florida 33404 ~ {561) 881-8896..phone (561) 881-866$ fax Roonr.05-04447 CO .20MA,R(17 D~SCRIPTiO[N QN1"Y tRV1TCOST TUTAi. Remediatian Technician - perhour; aitditionai remediation {drywall 74.50 HR r~r 4G.OD= 3,427;flD and cei8ttg.files) eat iR ariginaf scope tiimughout fire station#2 Neg. air faNAirscrub -Large {per 2.4 hr period); 4 units, 2 days B.OO L7A(r~ I20.92M 967,36 Eiaut.tiebris -per pickup truck bail- a~cfudiug dui fees I.OOEA~ 132:06= 132.Ob DrywaIlinstaller/ Finisher/ Painter~.per.hour; reconstruct I.OO JBQ 4000.0(1= 4;000.OD romediated areas {75 actual hours @.865 per hour84875; b~7i'mg - ~4000) Shop auppties (visqueen, PPE, tilter~, bags, 6-mil,.etc_.) I:00 EA(a~ #73.OOR 173.00 Wiadawnrpairs -DeIeteii.dueta.severo leaks discavered.iti 1.00''EA@ Deleted hurricane shutters -City:Ivlsintenance to perform repairs - Grand Total Areas: 0:00 SFWaI[s 0.00 SF Floor 0:00 SFLang'Wa11 0:00 FfoorAaca 0.00 IaxteriarWeU Area 0.00 Surface Atn:a O.QO Tatal Ridge Length 0.00 SF CeiEmg 0:00 SF W ells 8r. Ceiling. 0.00 S'YFboring 0.00 LF'FfoorPerimeter O:OD SF Short W atl 0.00 L.F'Cei1. Perimeter 0.00 Total Area 0.00 Interior Waft Area 0.00 ExteriorPerimeter of Walls 0.00 IQtsmberofSyuares 0:()0 TotalRerimeterlength 0.00 Tote] Hip length 0.00 Area n'f Face I 06-04497 CO_IOMAR07 06/04!2007 page: 2 Dnraclean Res~[nration and Remetiiafion CGC .15Q4259 Grand Thal 37251nvestment.Lane Riviera Beselt, Florida 33404 `~ (~61) 861.8898 phone (561} 881-8668 fax u~nmmary for Mold .Remedlation - M Line Item Total 8,701.42 Gfiad.bulathis 8,x01.42 06-04497 C30 lOI~lAR07 06J04/2007 Page: 3 ~t~~ ~,,--~ , Dwaclean Restoration and Remediatian CGC 15Q4~59 37251nvestntent.Lane Riviera Beactr, Fiorxla 33404 {36.1)881 8848. phone ¢561) 881-8648 fax Itoom:06-04498 CO lOIi~[RO'~ DliSCR~'IiON QNTY ihYPf COST T07'AL 12emed~tion Technician - perhour, additional remediaHon in hay 80.E [-1RQ 46:Ot~ 3,680.00 area,.restrootiti gYm; supply roonrand cammequipmentroom Neg. air fattlAirscntb: Large (per 24 hr peiiod): 5 units, 2 days 10.011 DA(i~ 120:43= 1,20930 Haul:debris- perpickup truckload ~ including dump fees 1:DO EA~a 132.06 132.06 Shap srtpplies (bags, Riters;visqueen; PPI:,.etc...) 1.00 EA(a~ 200.00= 200:00 Drywall Installer/Finisher/ carpenter/painter- per hour; mcanshuct - 51.50 HR® 65.00= 3;347.50 ternediated areas Recanshuction materials (drywall; paint, maid, tape., etc...) 1 AO JB@ 1557.00= 1,537.06 Grans Tonal Areas: 0.00 SF Vlxalls 0.00 $FFloor 0,00 SFLong'Wa1l 0.00. F1oorArea 0.00 l:,sterior Wall Area 0:00 .Surface Area 0.00 Total Ridge Lengtlr 0.00' SF Ceiling 0:00 SF Wails do Ceiling 0.00 ST'lrlooring 0;00 LFFkwrPerar~eter O.OD SF Short Wall 0:00 IF Ce9l. Perimeter 0;00 Total Area 0.00 Iater~r W all Area 0:00 i~¢eriorPerimettcol` Wnlls 0.0(1 1~iumber of Squares 0.00 .Total Peruneter Length O.DO Total I3ip Lengfh 0:00 Area.ofFace 1 06-04498 CO 10MAR07 06/04/2007 Pagt: 2 Dtiracfeau.Reslorafion and.Remediatioa CGC.1504259 3?25 Investment Lane Riviera 13each; Florida 33444 {561) 881-SB98:phone {56l) 883-866$: fax St~tttmary for Mold Retnediation -1VI I.ino.Iterrr Tntal C~and Total Chad ivlathis 10,325.?b 10;325 76 Ob-094gB;C0 lalv[AR47 OiSf44/Z007 Page:3 Request to be placed on: Consent Agenda ~_ Regular Agenda Special Agenda Workshop Agenda Agenda Item No.:~ •~ AGENDA REQUEST DATE: July 30, 2007 WHEN: AuQUSt 7, 2007 Commission Meeting Description of item (who, what, where, haw much): This item is before the Commission to approve a Contract Closeout (Change Order No. 6 /Final) in the of $46,815.98 and final payment in the amount of $49,825.98 to Duraciean, inc. for completion of the water damage remediation of Fire Stations No. 1,2,3 & 5 Project #2006-039. Background Duraciean d/b!a The Principal Group completed extensive restoration services at Fire Stations 1, 2, 3 and 5. As encountered during the decontamination process at the Delray Beach Golf & Country Cfub and City Hall and typical with respects to the nature of microbial migration, visible mold beyond the areas originally identified by the targeted evaluation report were encountered within wall and ceiling cavities. Duradean under the supervision of REP & Associates (Environmental Scientists/Engineers) complied with all the written protocols. The project is complete and all closeout documen#ation has been received. Funding Funds are available from account 001-2311-522-46.10 (General Fund/Fire Repair & Building Maintenance) ORDINANCEIRESOLUTION REQUIRED: NO Recommendation: Statf recommends approval of a Contract Closeout (Change Order No. 6 /Final) in the amount of $46,815.98 and final ayment in the amount of $49,825.98 to Duraciean, inc. for completion of the water damage remediation~o Fire Sons No. 1,2,3 $r~ro)ect #2006-039. Department Head ~, ' Signature: _. , c~S'- ~ - Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on ail items involving expenditure of funds}: Funding available ~~ Funding altema#ives __ N/A (if applicable) Account No. ~ Description: ~/ - Z3~ 2. ~ r%v ~~~~~%r? ~~'ac~-~:s-~. c~ N/A - ~f7, DD~',. City Manager Review: Approved for agenda: ES O Hold .Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:1En{A~i¢Wrokcu~200612006.03910FPiCIAUDucrekan Pool A4mds~Dmde~n COrY6 Firm AQeoda Req GC 08.07.0?.doc MEMORANDUM TO: Mayor and Commissio~°~ FROM: Bob Diaz, Construction THROUGH: David T. Harden, City DATE: July 30, 2007 SUBJECT: AGENDA ITEM # ~ ' ~ -REGULAR MEETING OF AUGUST 7, 2007 CONTRACT CLOSEOUT (CHANGE ORDER N0.2/FINAL,~/NEEDHAM ROOFING. INCJ POMPEY PARK COMMUNITY CENTER RE-ROOFING PROJECT 2005-061 ITEM BEFORE THE COMMISSION This item is before the Commission to approve a Contract Closeout {Change Order No. 2/Final) in the net deduct amount of (-$19,452.00) and final payment in the amount of $28,506.00 to Needham Roofing, Inc. far completion of the Pompey Park Re-Roofing. BACKGROUND Upon completion of the re-roof scope of work by Needham Roofing, staff members of the recreation center discovered. some minor water intrusion within one of the administration offices. The roofing consultant determined the source of the leak to be the antiquated mechanical equipment located directly on tap of the roof and not related to the rerroof scope of work recently completed by the roofing contractor. A purchase order based on a continuing City wide contract with Atlantic Refrigeration Corporation resulted in the necessary repairs to the equipment, which to date has resolved the roof leak issue. The project is complete and all closeout documentation has keen received. FUNDING SOURCE Funds are available from account number 334-4172-572-46.10 {General Construction FundBuilding Maintenance) Purchase Order #636706 RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order Na. 2/Final) in the net deduct amount of {-$19,452.00) and final payment in the amount of $28,506.00 to Needham Roofing, Inc. for completion of the Pompey Park Re-Roofing. a: R~hard C. Hasko, Director of Envirorunenril Services Randal KroJcarek, City Er~neer Rafael Ballestero, Deputy Dktctor of Construction Cky Cork Agenda FGe: 08/07107 Fib 2005-081 (E) CITY OF DELRAY BEACA CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 /Final PROJECT NO. 05-061 DATE: PROJECT TITLE: Pompey Park Community Center Re-Roofing TO CONTRACTOR: Needham Roofing, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Agreed to liquidated damages amount per Article 5 of the City Contrac# SiT14i11~tARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 259,663.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 179,849.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 439,512.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 019,452.00) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 420,060.00 PER CENT DECREASE THIS CHANGE ORDER 5.57% TOTAL PER CENT DECREASE TO DATE 5.57% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Needham Roofing, Inc. {Contractor to sign & seal) TO HE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is proposed from account: 334-4172-572-46.10 (-1$,452.00) DEPARTMENT RECOMMEND: APPROVED: Environmental Services City Attorney FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission By: Mayor ATTEST: By: City Clerk Original Contract Award Re-Roof the Pompey Park Community Center Award Amount $259,663.00 Change Order One (1) Contract Addition $179,&49.00 Re-Roof of the Community Center Gymnasium Located at 50 N.W. 1st Avenue Parks 8~ Recreation Revised Contract Amount $439,512.00 Change Order Two (2) Final Includes Liquidated Damage Penalty Negotiated between City ~ Contractor {19,452.00) Revised Contract Amount including Liquidated Damage Penalty $420,060.00 Agenda item No.: ~•~ AGENDA REQUEST Request to be placed on: DATE: July 30, 2007 Consent Agenda X Regular Agenda WHEN: Austust ?, 20x7 Commission Meeting Special Agenda Workshop Agenda Description of item {who, what, where, haw much): This item is before the Commission to approve a Contract Closeout {Change Order No. 2/Final) in the net deduct amount of (-$19,452.00) and final payment in the amount of $28,506.00 to Needham Roofing, Inc. for completion of the Pompey Park Community Center Re-Roofing Project #2005-061. Background The project is complete and ail closeout documentation has been received. Funding Funds are available from account 334-4172-572-46.10 (General Construction FundBuilding Maintenance) Purchase Order #636706 ORDINANCEIRESOt_UTION REQUIRED: NO Recommendation: Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$19,452.00) and final payment in the amount of $28,506.00 to Needham Roofing, inc. for completion of the Pompey Park~ommunity Center Proje~ Department Signature:_ `'l=~I Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds}: Funding available N/A I~ Funding alternatives NIA (if applicable) Account No. & Description: NIA City Manager Review: Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved S:1EneAdmo~Projecg12005~2005-061 ~OPP1CiAIA?ieedium CoM2 Fw1 A{ada Rcq (iC 08.07,Ol.dce MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~ FROM: MARK MCDONNELL, AICP, ASSISTANT DIRECTOR. OF PLANN G AN ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~~~ THROUGH: CITY MANAGER DATE: JULY 31, 2007 SUBJECT: AGENDA ITEM # . ~ -REGULAR MEETING OF AUGUST 07.2007 REVISION AND RENEWAL OF CONSULTING AGREEMENT WITH URBAN DESIGN STUDIO FOR BEACH OVERLAY DISTRICT REVIEW SERVICES ITEM BEFORE COMMISSION The item before the City Commission is renewal of a revised Consulting Agreement for review services. BACKGROUND The Beach Property Owners Design Manual for the North Beach and Seagate neighborhoods was adopted on March 15, 2005. On August 10, 2005, a Consulting Agreement between the City and Urban Design Studio was initiated to provide review services for single-family development within these districts for compliance with the design manual. The current agreement is due to expire on August 10, 2007. This is a request to renew the agreement, with essentially the same conditions, except the review fee is raised from the current $750.00 to $850.00. The contract period is from August 10, 2007 through August 9, 2008. RECOMMENDATION Approve the attached Consulting Agreement effective from August 10, 2007 through August 9, 2008. Attachment: ^ Consulting Agreement with Urban Design Studio CONSULTING AGREEMENT THIS AGREEMENT made this day of 2007 by and between the CITY OF DELRAY BEACH (hereinafter called City) a Florida Municipal corporation and Urban Design Studio, LLC (hereinafter called Consultant). WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide particular plan and architectural review services to the City; and, WHEREAS, the Consultant is experienced in providing the services required by this agreement; and, WHEREAS, the Consultant will provide all supplies necessary to provide the services contained herein without reimbursement; and, WHEREAS, the Consultant is engaged to perform the specific tasks contained herein. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 1. Recitals. That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. Performance. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner and as required by this Agreement. Due to the time certain deadlines, services will not begin until the Consultant receives a complete application as defined in Appendix B by items A through D on Pages B-1 and B-2 of the Beach Property Owners Design Manual dated March 15, 2005. 3. Duties. Consultant's duties are as follows: a.) Consultant shall perform standard architectural review services as follows: - Verification of lot/addresses pertinent to study area and specific districts; - Review of certified and sealed architectural plans and calculations; - Review of certified and sealed landscape plans and point calculations; - Review project for compliance with all Design Manual Regulations; - Review project for compliance with all Design Manual Guidelines and point thresholds; - Verify completed application checklist; - Coordination with Planning Department and/or applicant on issues pertaining to project; - Preparation of written notification and recommendations of all non-conforming regulations or Design Guidelines where applicable; - Preparation of written "letter of compliance" for completed applications that meet all the Regulations, Design Guidelines Thresholds, and Overall Design Intent for buildings, landscape and site plan issues as outlined in the Beach Property Owners Design Manual; - Review of recommended revisions (revisions must be provided within the designated thirty (30) day time frame); - Coordination of correspondence material with appropriate departments, boards and/or applicant; - Review of minor changes mandated by permitting. b.) Additional services maybe agreed upon, in writing, from time to time. 4. Term. This agreement shall commence on August 10, 2007 and shall expire on August 9, 2008. This agreement may be terminated by either party by giving thirty (30) days written notice to the other. 5. Compensation. During the term of this agreement, the Consultant shall be paid a fee in the amount of $850.00 per review of "major renovation" or "new structure" projects. Consultant shall only be paid this amount upon the completion of its review. If the review involves repeated alterations to the plans whether based on comments by Consultant or from changes made by the applicant, the Consultant shall submit a written authorization for additional fees to the City for approval prior to performing services. Any plan alterations submitted past the allotted thirty (30) days from the date the review comments were initially issued will be considered a new application to which a new fee will be applied. If this agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. 6. Relationship of the Parties. The parties intend that the Consultant, in performing services specified in this agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City of Delray Beach for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Consultant is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as maybe applicable. 8. Taxes. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay either on its own behalf on behalf of his employees or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assignment. This agreement is a personal service contract. An assignment of the duties to be provided under this agreement shall require the prior written consent of the City. 10. Indemnification. Consultant shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Consultant or his officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Insurance. Consultant shall at his own expense, provide forms of insurance and amounts of insurance as maybe required by the Risk Manager for the City. 12. Notices. All notices shall be effective when mailed at the following addresses: Urban Design Studio 477 S. Rosemary Avenue Suite 225, The Lofts at City Place West Palm Beach, FL 33401 Attn: Kenneth Tuma City of Delray Beach David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 13. Governing Law; Venue. This agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 14. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, sexual orientation, marital status, or handicap in the performance of this Agreement. 15. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 16. Entire Agreement; Modifications. This agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the parties. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding, unless in writing and duly executed by the parties. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Type or Print Name) (Type or Print Name) STATE OF _ COUNTY OF CITY OF DELRAY BEACH, FLORIDA Rita Ellis, Mayor URBAN DESIGN STUDIO By: Kenneth Tuma, Managing Principal The foregoing instrument was acknowledged before me this day of 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment By: Name Typed, Printed or Stamped Title or Rank Serial Number, if any MEMORANDUM To: MAYOR AND CITY COMMISSIONERS From: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ~~ ELIZABETH ALPERT, CD ADMINISTRATOR Through: CITY MANAGER Subject: AGENDA ITEM # ~ ~ -REGULAR MEETING OF AUGUST 7. 2007, INTERLOCAL AGREEMENT BETWEEN CITY AND CRA FOR RENOVATIONS TO 135 NW 5`'' AVENUE ITEM BEFORE THE COMMISSION: Approval of an Interlocal Agreement with the CRA for management and funding of the construction/rehabilitation of 135 NW 5`'' Avenue by the City. BACKGROUND: The CRA currently owns amixed-use building located at 135 NW 5`~ Avenue. The property consists of 1600 square feet of commercial space, to be occupied by the Delray Beach Community Land Trust (CLT), as well as 4 residential units which are proposed to be sold as affordable condominiums through the CLT program. The City, under the proposed Interlocal Agreement, shall oversee construction of this project including the work write-up, bid process, on-going oversight and inspections as well as disbursement of payments to the Contractor throughout the progress of the project and until its completion. The CRA shall provide all funding necessary to complete the renovations. FUNDING SOURCE: CRA RECOMMENDATION: Staff recommends approval of an Interlocal Agreement with the CRA for management and funding of the construction/rehabilitation of 135 NW 5~' Avenue by the City. Page 1 of 1 Smith, Douglas From: Barton, Terrill Sent; Wednesday, August 01, 20071:03 PM To: Smith, Douglas Cc: Shutt, Brian Subject: RE: CRA agreement -far NW 5th Ave. Doug, The attached agreement is legally sufficient. Thanks. Terrill C. Barton, Assistant City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7090 From: Smith, Douglas Sent: Wednesday, August 01, 2007 12:55 PM To: Shutt, Brian; Barton, Terrill Subject: CRA agreement -for NW 5th Ave. One of you may have prepared the attached agreement for the 8R/07 agenda. If so, could you send me an email that the agreement is legally sufficient that I can include in the agenda backup? Thanks Doug Smith Assistant City Manager City of Dekay Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smithd@ci.delray-beach.fl.us gil~2oo~ INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR MANAGEMENT AND FUNDING OF THE CONSTRUCTION/ REHABILITATION OF 135 N.W. 5TH AVENUE BY THE CITY THIS AGREEMENT is made this _ day of 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CRA owns certain property located at 135 N.W. 5th Avenue (the "Property') which contains four (4) dwelling units and approximately 1,600 sq. ft. of commercial space; and WHEREAS, the CRA will provide full funding at the time the contract is approved with the Contractor to repair and rehabilitate 135 N.W. 5th Avenue and the City will disburse payments for the repairs after the work has been approved by City and CRA inspectors/project managers; and WHEREAS, the City will develop and issue a Request for Proposals (RFP) for a contractor to perform the work, and will hire a licensed contractor to perform construction on 135 N.W. 5th Avenue and both the City and CRA shall oversee the construction; and, WHEREAS, the CRA Board finds that the renovation and funding of the improvements to 135 N.W. 5th Avenue further the goals and objectives of the CRA as contained in the CRA's redevelopment plan, and are in the best interest of the CRA. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations: The recitations set forth above are hereby incorporated herein. 2. Duties and Responsibilities: a. The City of Delray Beach: 1) The City shall be responsible for issuing the RFP for the repair and rehabilitation work at the Property to a licensed contractor, pursuant to City ordinances and state statutes. The City's contractor will perform the construction according to a separate agreement between City and contractor. The CRA, through its Executive Director or her designee, reserves the right to review and approve the RFP, the building specifications, and the repair and rehabilitation work to be performed on the Property. The City shall be responsible for approving all change orders, subject to CRA review. 2) The City shall insure that the contractor who performs the work on the Property carries and maintains appropriate insurance coverage to provide the City and the CRA with necessary protection during the term of construction at the Property. In addition, the CRA shall be named as an additional insured on any insurance provided by the City's contractors and any sub-contractors. 3) In the event any bonds are provided with respect to the construction on the Property, the City shall insure that the performance and/or payment bonds are sufficient in scope and amount to provide for the completion of the improvements in the event the City's contractor fails to complete the improvements. b. The Community Redevelopment Agency: 2 1) The CRA shall pay an administrative fee to the City equal to 2% of the job cost, not to exceed $20,000.00 total. 2) The CRA and any subsequent owners of 135 N.W. 5`h Avenue shall be responsible for providing the City and its contractor access to 135 N.W. 5`h Avenue. 3) Audit: In the event that the CRA expends a total amount of state financial assistance equal to or in excess of Five Hundred Thousand Dollars ($500,000.00) in any fiscal year, the CRA must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, and comply with the provisions set forth in Sections 215.97(7) and (8), Florida Statutes. c. CRA and City: 1) Both the CRA and City shall be responsible for overseeing the construction repair and rehabilitation of 135 N.W. 5`h Avenue. 2) The CRA shall provide funding necessary for the repair and rehabilitation of the mixed use building at 135 N.W. 5`h Avenue, Delray Beach, FL 33444 pursuant to the approved plans to the City at the time that the contract is approved with the contractor. The City shall pay the Contractor directly upon the receipt and review of invoices related to the construction on the Property, after approval of the work by the City and the CRA inspectors/project managers. 4. Term: The term of this Agreement shall commence upon execution by both parties and shall continue until the repairs and rehabilitation have been completed at the Property in conformance with the approved plans. 5. Filing: This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 3 6. Entire Agreement: 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. 7. Severability: 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. 8. Governing Laws; 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. Assignability: The CRA may assign or transfer rights or interest in this Agreement to the subsequent owner of 135 N.W. 5`h Avenue only after providing the City with at least ten (10) days notice of same. 10. Validity of Agreement: This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor The foregoing instrument was acknowledged before me this 2007, by title of officer or agent), of as 4 day of , (name of officer or agent, (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. ATTEST: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH Notary Public -State of Florida COMMUNITY REDEVELOPMENT AGENCY By: Frank Wheat, Chair (SEAL) The foregoing instrument was acknowledged before me this day of , 2007, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 5 Agenda Item No.: ~ ' AGENDA REQUEST Request to be placed on: Date: August 1, 2007 Regular Agenda Special Agenda Workshop Agenda _X_ Consent Agenda When: August 7, 2007 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Approval of an Interlocal Agreement with the CRA for management and funding of the construction/rehabilitation of 135 NW 5t'' Avenue by the City. RECOMMENDATION Staff recommends approval of an Interlocal Agreement with the CRA for management and funding of the construction/rehabilitation of 135 NW Ss' Avenue by the City. Department Head Signature: ~ `~ City Attorney Review/Recommen ation (if a plicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: (if applicable) ~~~~ Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM To: MAYOR AND CITY COMMISSIONERS From: LULA BUTLER, COMMUNITY IMPROVEMEN DIRECTOR ~~~ ELIZABETH ALPERT, CD ADMINISTRATOR ~~, Through: CITY MANAGER ~,~~ Subject: AGENDA ITEM # ~~ -REGULAR MEETING OF AUGUST 7. 2007 AMENDMENT TO SUB-RECIEPIENT AGREEMENT WITH CLT ITEM BEFORE THE COMMISSION: Approval of an amendment to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT) for the purposes of subsidizing the costs associated with affordable housing units within the CLT. BACKGROUND: At the September 19, 2006 meeting, City Commission approved aSub-Recipient Housing Partnership Agreement between the City and CLT for the purposes of subsidizing the costs associated with affordable units within the CLT under the LHAP's "Sub-Recipient Housing Partnership Program." The original agreement is due to expire on September 30, 2007. The amendment extends the agreement for an additional year and also includes the following changes: • Increases allowable household income to 120% of median • Includes an additional $475,000 in sub-recipient funds for FY 06-07 • Revises specific spending requirements in order to meet set-aside requirements set forth by the Florida Housing Finance Corporation • Reserves the City's right to reallocate funds which have not been spent by February 1S` of each FY. • Extends agreement to September 30, 2008 • Defines the CLT's development fee for each unit FUNDING SOURCE: SHIP - 118.1924.554.49-20 RECOMMENDATION: Staff recommends approval of an amendment to the Sub-Recipient Housing Partnership Agreement between the City and CLT. AMENDMENT NO. 1 TO SUB-RECIPIENT AGREEMENT THIS AMENDMENT NO. 1 to the Sub-Recipient Agreement entered into by and between DELRAY BEACH COMMUNITY LAND TRUST, INC., (hereinafter referred to as "CLT"), and CITY OF DELRAY BEACH, (hereinafter referred to as "City"), is entered into this day of 2007, under the following terms and conditions: WITNESSETH: WHEREAS, the City and CLT mutually covenant and agree to amend and modify the Sub-Recipient Agreement entered into on September 19, 2006 in order to provide for extension of the Sub-Recipient Agreement regarding the Housing Partnership. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The first Whereas Clause of the Sub-Recipient Agreement of September 1, 2006, shall be amended as follows: WHEREAS, the City requires the services of anot-for-profit corporation to assist with providing decent, safe, and affordable housing (and suitable living environments), for households determined to be very low (1 % - 50%), low (51 % - 80%), and moderate (81 % - ~~ 120%) income; and 3. Paragraph 2, "Duties and Responsibilities" of the Sub-Recipient Agreement dated September 19, 2006, shall be amended as follows: b. Community Land Trust, Inc., Sub-Recipient Partner The Community Land Trust is a private nonprofit corporation created to secure affordable access to land and housing and to hold said land for the benefit of the community thereby ensuring perpetual affordability of units. The Sub-Recipient's role as a Partner shall be: 1) To implement the income-eligibility process as outlined in the "State Housing Initiatives Partnership, SHIP Program Manual" and to submit SHIP income eligible files to the Community Development Division at least 10 days prior to closing date with all the required documentation listed in Parts A B C and D. of Exhibit "C" - Documentation Checklist. .+II CL-IID in nmc olinihlo film onnmm~~ec 4h 2) To ensure that s~,~.,..y..,,., ....,.. .,.....,...rM.,.. ....- the Housing Delivery Goals Chart provided in Exhibit "A" regarding the set aside requirements To ensure that all applicants meet the following criteria in addition to the income-Eligibility guidelines: a) Recipient must be first-time homebuyer(s), which is defined as one of the following: someone who has not owned a home during the past three years; a single parent who has been divorced and displaced within the 12 month period prior to time of application, and whose household includes children under the age of 18; iii. a displaced victim of domestic abuse; iv. a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67- 37.002(13); b) Recipient must have a bank account; c) Recipient must have an accepted contract for a home and have applied for a first mortgage with a lender that meets the lender guidelines attached as Exhibit "B"; 2 d) Recipient must have attended and completed an approved home buyer education course (i.e. at least four hours in length and conducted in a classroom setting) approved by the Community Development Division. ~„na ~ f F b4 ~nn~ _...iu r,e i^^ c ~e~~n t~ ~ -~, a 3) ef-- e- ~ ~, „ -e~ M1 ° v n F~ i h i ~ t~ iii-T ~ ~ h _Q nn i r~ ie ~' ~ c ~ ~ '~ T ttvr -a$ 7c at# rlr~roc~~+ 4F+c n ( Trrm ocrlc• r+f 4 rr r r 7 --R - to c4 fian M\ \/eni I n~., Innnmc Ar~nlin~+n4~+ oo, , ,~ Funds available for FY ending September 30, 2008 will be $1 221000 total ($373 000 FY04-05 $373,000 FY05-06, $475,000 FY06-07) Sub-Recipient shall meet the housing goals as follows: a) FY05-06 Funds i Sub-Recipient will be required to expend at least $75 000 of funds on Very-Low Income Applicants. ii Sub-Recipient will be required to expend at least $167 000 of funds on Low-Income Applicants. b) FY06-07 Funds i Sub-Recipient will be required to expend at least $219 000 of funds on Very-Low Income Applicants. ii Sub-Recipient will be required to expend at least $129 000 of funds on Low-Income Applicants. iii Designation of "Verb Low" and "Low" as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. c) Deadlines to meet housing goals (as stated below) are as follows: i. FY 05-06 February 1, 2008 ii. FY 06-07 February 1, 2009 d) Sub-Recipient shall expend all funds by the dates provided above. The City reserves the right to reallocate funds to an alternate strategy within the Local Housing Assistance Plan if all funds are not expended by Sub-Recipient by the deadlines provided in Section 2. b. !4) (c) i. and ii. above. 4) The CLT shall charge a development fee of no more than six percent (6%) of the construction price paid per unit. 4. Paragraph 6, "Term of Agreement" of the Sub-Recipient Agreement dated September 19, 2006 shall be amended as follows: Term of Agreement. This Agreement shall be effective immediately upon execution by all parties and shall expire on September 30, ~~ 2008, however, both parties shall have the right to cancel this Agreement at any time by providing ten (10) days advanced written notice to the other party. 5. Exhibit "A" to the Sub-Recipient Agreement dated September 19, 2006 shall be amended as provided in the attached "Amended Exhibit A". 6. All other terms and conditions of the Sub-Recipient Agreement of September 19, 2006 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA BY= Rita Ellis, Mayor (SEAL) City Attorney 4 ATTEST: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMUNITY LAND TRUST, INC. By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2007 by as of corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 5 #ANE€ CTQATC~_ICC aFeyf ~ev~ ~R ~~~ ~ev~ ~~ g Ma*: S##IR ~ AAede~ ale AAa~S#~~R ~/~~ ~R BAI~aFS 9 4 $~4 ~A8 ~ $~99A $~A89 ~- $aA;88 , 4 ~A9 $a~ 4 $~4 ~A9 3 $3~~89 889 $33 , , ; ~ $a-A9;A98 ~ $4~6;9A9 6 $~-1-A;898 - _ _ - - - $~4~98~89 AMENDED EXHIBIT "A" HOME OWNERSHIP Very-Low Low Moderate Total SHIP STRATEGIES Dollars Sub-Recipient Housing TBD at least TBD 373 000 Partnership 285 000 FY04.05 Sub-Recipient Housing at least at least TBD 373 000 Partnership 75 000 167 000 FY05-O6 Sub-Recipient Housing at least at least TBD 475 000 Partnership 219 000 129 000 FY06-O7 This amended chart represents the set aside requirements that are mandated by the Florida Housing Finance Corporation based on the City's allocation + recaptured funds for each FY Amounts shown under each income category are the minimum funds that are required to be spent by fiscal vear The remaining portion of the total SHIP dollars for each vear can be spent in any income category up to 120% as long as the requirements listed above have been met. Designation of "Very Low" and "Low" as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Deadlines to meet housing goals (as stated above) are as follows: FY 05-06 February 1, 2008 FY 06-07 February 1, 2009 Should the Sub-Recipient not expend funds by dates above the City reserves the right to reallocate funds to an alternate strategy within the Local Housing Assistance Plan. EXHIBIT "B" Lender Guidelines Lenders must meet the following conditions: Lender must be an "Institutional First Mortgage Lender", which is defined as any bank or trust company, ,savings bank, credit union, national banking association, savings and loan association, building and loan association, or other financial institution or governmental agency authorized to conduct business in this state and which customarily provides service or otherwise aids in the financing of mortgages on real property located in this state. The Lender must submit a firm loan commitment letter that clearly contains the dollar amount, the interest rate, terms and conditions. Conditional commitment must contain conditions and good faith estimate. The interest rate shall not exceed 2 points above the FreddieMac net 30 day rate for 30 years, and shall be locked in for a period of at least 60 days. If the loan is not closed within 60 days, the interest rate will be the prevailing rate to be determined not less than five (5) days before closing. The rate shall be locked in at the time of loan approval with a "float down" feature if rates should go down. The term of the loan shall be 30 year fixed conventional mortgage. The maximum allowable fees to the borrower are as follows*: Origination fee 1.5% of loan amount Doc Prep fee $75.00 Flood Cart Fee $22.00 Tax Service Fee $75.00 Underwriting Fee No Charge Processing Fee No Charge Closing Fee No Charge Application Fee No Charge Appraisal Fee Prevailing vendor cost Credit Report Prevailing vendor cost Settlement Fee No Charge Notary Fee No Charge Re-certification Fee $100.00 (maximum charge) Final Inspection $100.00 (maximum charge) Roof/Termite Inspection $55.00 (per inspection) Recording Fees Per State regulations Lender's Inspection $75.00 (maximum allowed per inspection) PMI Not allowed 1 *Waivers will be considered on a case-by-case basis and fees are subject to change in accordance with market standards. Eligible Properties Single family units (excluding mobile homes), Town homes, Condominiums, Villas. (All properties subject to City Community Improvement Division's approval) 2 EXHIBIT "C" Documentation Checklist Applicant Strategy Address ` Y `, Completed Application Copy of DL, S.S. Card, Alien Registration Prior Year's Tax Returns(Used to verify # of dependents) Homebuyer's Seminar Certificate Verification of Employment Form 1 month Paystubs Verification of Asset Form Checking Account(6 months) Savings Account(6 months) Investment Account(6 months) Alimony/Child Support Documentation Verification of Social Security Assistance SHIP Income Certification Form SHIP Asset Addendum Form Certificate of Occupancy Ap raisal Owner/Contractor Agreement Builder Specs and Cost Breakdown Floor Plan and Elevation Lot Contract Purchase Contract(Existing Unit Only) Specifications/Work Write-Up(Existing Unit Only) Rehabilitation Contract(Existing Unit Only) Escrow Agreement(Existing Unit Only) Proof of Payment(Existing Unit Only) Statement of Subsidy Needs Loan Commitment Fannie Mae Forms 1008 & 1003 Good Faith Estimate City of Delray Beach-Subsidy Award Letter HUD Closing Form First Mortgage Agreement City's Security bocuments (Promissory Note and Mortgage) Warranty Deed `Subordination Agreements Date Staff Signature Date C.D. Signature Comments City documents highlighted in yellow Agenda Item No.: ~ ~ "t Request to be placed on: Regular Agenda Special Agenda Workshop Agenda _X_ Consent Agenda ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: August 1, 2007 When: August 7, 2007 Approval of an amendment to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT) for the purposes of subsidizing the costs associated with affordable housing units within the CLT. RECOMMENDATION Staff recommends approval of an amendment to the Sub-Recipient Housing Partnership Agreement between the City and CLT. ~ ~ N Department Head Signature: City Attorney Review/Recomme ati n (if applic le): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: _. Account Balance: City Manager Review: Approved for Agenda: Hold Until: AGENDA REQUEST (if applicable) ~a,~„ Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Joe Weldon, irector of Parks and Recreation THROUGH: David Harden, City Manager DATE: JULY 31, 2007 SUBJECT: APPROVAL TO APPLY FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR YEAR 2008-2009 ITEM BEFORE COMMISSION Request approval to apply to Florida Recreation Development Assistance Program fora 50% grant for renovations to Miller Park and a 75% grant for The Delray Beach Family Recreation and Fitness Center for playground equipment, fencing, walkways, drinking fountains, etc. BACKGROUND The submission deadline for the grant is September 3, 2007 through September 14, 2007. We are applying for the maximum request of $200,000 for Miller Park and $90,000 for The Delray Beach Family Recreation and Fitness Center. The estimated cost of the playground equipment, etc. for The Delray Family Recreation and Fitness Center is $120,000 and the state will reimburse us $90,000. These grants are on a reimbursable basis. As part of the grant requirement, we have to show that the money has been budgeted for fiscal year 2007-2008. RECOMMENDATION Parks and Recreation Department recommends approval to submit Florida Recreation Development Assistance Program grant applications for $200,000 for Miller Park and $90,000 for The Delray Beach Family Recreation and Fitness Center. +~~TY ~F UELR114 BEp[H DELRAY BEACH All-America City 1 1 1993 2001 TO: FROM: SUBJECT: DATE: '; 00 N _'~.N 7 si r?`d E f'd ii s OEt_?F=.~; BEA.C,H FLOF~IDA33444 • 561x243-7000 MEMORANDUM David Harden, City Manager Joe Weldon, Director of Parks and Recreation Florida Recreation Development Assistance Program Grants The Delray Beach Family Recreation and Fitness Center and Miller Park July 31, 2007 The purpose of this memorandum is to request City Commission authorization to apply for Florida Recreation Development Assistance Program Grants for Delray Beach Family Recreation Center and Miller Park. The submission deadline for the grant is September 3 -September 14, 2007 through September 14, 2007. We are applying for the maximum request of $200,000 for Miller Park and $90,000 for The Delray Beach Family Recreation and Fitness Center. As you know, the grant is on a reimbursable basis which means we have to upfront all costs before we are reimbursed. As part of the grant requirement, we also have to show that the money has been budgeted for fiscal year 2007 - 2008. Please place this on August 7, 2007 agenda for City Commission consideration. Jae eldon, Director of Parks and Recreation cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk minted nn Recycled /'viper THE E F F O R T Q L W AY S (VI AT'T F R S Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 ~~~~~~~~ Charlie Crist Governor -eff Kottl:amp Lt. Governor !v?ichaef bV. Sole Secretary TO: Interested Parties ~UN Z 2 2Q07 FROM: Linda Reeves `~"~ ~~~ ~~-~~~ER u' _; _ , Office Director ~ }- Information of Information and Recreation Services '~ G ~ -- - - ~/~~~ /, Division of Recreation and Parks l SUBJECT: Florida Recreation Development Assistance Program FY 2008-2009 Application Submission Period Announcement The Department of Environmental Protection (DEP) has established an application submission period for the Florida Recreation Development Assistance Program (FRDAP) for Fiscal Year 2008- 2009. Submission Period September 3, 2007 -September 14, 2007 Applications must be postmarked b~ September 14, 2007 Matching Ratio: **Total Project State Share Grantee Share Cost Grant) (Local Match) $50,000 or less 100% 0 $50,001- $150,000 75 % 25 $Over $150,000 50% 50% Total Project Cost =Grant Amount + Local Match Maximum Grant Amount: $200,000 Total Number of Active Projects Allowed: Three Total Number of Applications Allowed During Each Submission Cycle: Two Eligible applicants include all local governments, incorporated municipalities of the State of Florida, and other legal constituted local governmental entities of the state with legal responsibility for the provision of outdoor recreation sites and facilities for the use and benefit of the public. For further information/application packets, write or call: Department of Environmental Protection Division of Recreation and Parks Office of Information and Recreation Services 3900 Commonwealtlz Boulevard, Mail Station #585 Tailalucssee, Florida 32399-3000 PHONE: (850) 245-2501; SUNCOM: 205-2501 FAX: (850) 245-3038; SUNCOM: 205-3038 Web Page: http//zvzvw.dep.state.fLus/parks/oirs Email: Le1LIani.VeIez@dep.state.fl.us 'tore Protection, Less Process" rbb}qq! dep.state. f!. zs June 20, 2007 FLORIDA DEPARTMENT OF ENVII2ONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICATION PACKET 200&2009 Table of Contents Title Page Facts about FRDAP ................................................... 2-3 Part I -General Information ........................................... 4-10 Applicant Information ........................................... 4 Project Information .............................................. 5-6 Financial Information ........................................... 7-10 Part II -Evaluation Criteria .......................................... 11-21 General Criteria ................................................. 11-14 Development Criteria ........................................... 15-16 Acquisition Criteria ....................... . . . ................... 17-18 Trail Construction Criteria ...................................... 19-21 Part III -Supporting Documents .................................... 22-30 Population Densities ............................................ 22-26 Application Check List ............................ 27-29 Contacts for Additional Information .......................... 30 List of Grant Program Managers by County ................. Attachment 1 FPS-A033 Page 1 of 30 FACTS ABOUT FRDAP WHAT IS FRDAP AND HOW 1S !T ADMINISTERED? The Florida Recreation Development Assistance Program (FRDAP) is a competitive program which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation use or to construct recreational trails. The Florida Department of Environmental Protection (DEP), Office of Information and Recreation Services administers FRDAP. The FRDAP Administrative Rule can be downloaded at www. dep. state. fl. us/parks/oirs. WHO MAY APPLY FOR FRDAP FUNDS? Municipal and county governments or other legally constituted entities with the legal responsibility to provide public outdoor recreation. WHAT IS THE GENERAL APPLICATION INFORMATION? A proposed FRDAP project must be for one of the three following categories: acquisition of land for public outdoor recreational purposes, development and/or renovation of land for public outdoor recreational purposes, or construction and/or renovation of a public recreational trail. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. HOW DO l APPLY? Applicants must submit a completed FRDAP Grant Application during an announced submission period. Applicants may submit up to two applications during the submission period. Each agency may only have a total of three (3) active projects, including any applications being submitted. Applications must involve only one project site except for acquisition or development of sandy beach access. DEP evaluates applications on the basis of the information provided by the applicants, except where such data is superseded by official DEP information. Failure by an applicant to present all required application information and documentation may result in the application being declared ineligible for funding consideration, or may result in a loss of points for the applicant's competitive score. Application will be evaluated and scored based on the information submitted by the end of the submission period. The deficiency period has been eliminated. Applicants must submit three copies (1 original and 2 copies) of the completed application and all supporting documents during the announced submission period of (September 3, 2007, through September 14, 2007). Please use a soft covered binder, no HARD 3-ring binders. To facilitate review and scoring, please tab all exhibits. ANY APPLICATIONS SUBMITTED WITHOUT EXHIBITS BEING TABBED, WILL BE SENT BAC% TO THE APPLICANT AND AS%ED TO BE TABBED OR WILL BE CONSIDERED INELIGIBLE. Applications must be postmarked NO LATER THAN September 14, 2007, and submitted to: DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS OFFICE OF INFORMATION AND RECREATION SERVICES 3900 COMMONWEALTH BOULEVARD, MAIL STATION 585 TALLAHASSEE, FLORIDA 32399-3000 FPS-A033 Page 2 of 30 If you plan to prepare this document by retyping or downloading it to your computer, the language and format used must ezactly match this application. You may request an electronic application by e-mailing: Levlani.Velez(a~dep.state.fl.us WHAT !S THE MAXIMUM GRANT AMOUNT? Maximum grant funds an applicant may apply for is $200,000 GRANT MATCH RAT/OS: (Based on the grant cap of $200,000) Project Cost State Share Grantee Share $50,000 or less 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost =State Share + Grantee Shaze Please refer to Chapter 62D-5.055(4), F.A.C. for complete information on match requirements and match types. WHAT CAN l USE TO MATCH A FRDAP GRANT? *Cash *Value of undeveloped land owned by applicant (subject to conditions) *In-kind services HOW ARE FRDAP GRANTS AWARDED? Each application is reviewed to determine eligibility. The Division of Recreation and Parks evaluates each eligible application according to Florida Administrative Code and assigns a final score. Based on the scores, DEP prepazes and submits a recommended priority list to the Florida Legislature for funding consideration. The Department's performance and obligation to award program grants is contingent upon an annual appropriation by the Florida Legislature. Should the project receive funding, the grantee will have up to three (3) years from the start of the state's fiscal year in which funds are appropriated to complete the project or funds will revert. If questions arise while preparing the application, please contact the Office of Information and Recreation Services at 850/245-2501 or SLJNCOM 205-2501. FPS-A033 Page 3 of 30 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICATION PACKET 2008-2009 PART I -GENERAL INFORMATION Received: Postmarked: Application Number: 7. APPLICANT INFORMATION A. Name of Applicant: B. Federal Employer Identification Number: C. Population: (DEP USE ONLY) D. Current Operating Budget: (7~eis is the operating budget for the city, county or special district, and not just the department budget) E. Contact Person: Title: (The contact person is someone who will be in direct contact with DEP and be responsible for administering this grant tf awarded) F. Mailing Address: City/State: Telephone:( ) _ FAX: E-mail: I hereby certify that the information provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. Signature of City or County Manager/Title Zip Code: Date FPS-A033 Page 4 of 30 2. PROJECT INFORMATION A. Name of Project: B. Project Type (Check One): Project cannot be a combination of acquisition and development Acquisition: Development: On land owned by applicant On land currently under site control by applicant Date site control expires: Trail Construction: On land owned by applicant On land currently under site control by applicant Date site control expires: Development projects must be under site control (owned by deed, or leased or dedicated for minimum of 30 years from the date of application) by the close of the submission period (September 14, 200. • School board property is ineligible either by lease or ownership. • Include a copy of the site control documents (e.g., deed, lease, etc.). If providing a Quit Claim Deed, please attach a copy of a 30 year title search or title opinion. (Please Tab as Exhibit "N") FPS-A033 Page 5 of 30 C. PROJECT LOCATION: Street Address: City: County: Zip Code: - 1. Submit a boundary map of the project azea providing a description and sketch of the project azea boundaries, display known easements and be legally sufficient to identify the project azea. Aerial photographs are accepted as boundary maps, as long as the boundaries are identified. (Please Tab as Exhibit "K") 2. Submit color, on-site photographs for all three copies of your application, sufficient to depict the physical characteristics of the project area. (Please Tab as Exhibit "L") 3. Location map and directions: Submit a detailed road map precisely locating the project site along with clear written driving instructions from the nearest federal or state highway. NOTE: Please confirm that street names listed are the same as those posted on street signs in the azea. Please do not use Map Quest or any other computer mapping program for this. (Please Tab as Exhibit "M") D. LEGISLATIVE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED: This should be the Florida Senate and Florida House district in which the proposed project site is located. If you aze not sure of the district, contact your local office of the Supervisor of Elections. (There is only one each.) State Senator: State Representative: Senate District Number: House District Number: E. TOTAL NUMBER OF ACRES BEING ACQUIRED OR TOTAL NUMBER OF ACRES BEING DEVELOPED: F. DESCRIBE THE PHYSICAL CHARACTERISTICS OF THE PROJECT. Include land resources, vegetation, fish and wildlife, historical, archaeological resources, water bodies, previous recreational usage and transportation access as well as other pertinent information. FPS-A033 Page 6 of 30 3. FINANCIAL INFORMATION GRANT MATCH RATIOS: (Based on the grant cap of $200,000) Proiect Cost State Share Grantee Share $50,000 or less 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost =State Share + Grantee Share Please refer to Chapter 62D-5.055(4), F.A.C. for complete information on match requirements and match types. The Total Project Cost (Line F) must equal the grant request (Line A) plus the total local match (Line E). This figure (Line F) should not total more than $400,000 for the purpose of this application. A. FRDAP Funds Requested (State Share) Line A $ B. Local Funds Available: (Grantee Share) 1. Cash: Line B $ 2. In-Kind: Line C $ 3. Land Value: Line D $ If property is developed, land value CANNOT be used as a match. Total Local Match: Line E $ Sum of lines B, C and D C. Total Cost of Proposed Project: Line F $ Sum of Lines A and E (Should not total more than $400,000) (If approved for REDI Match Waiver, please fill out REDI Waiver Form located under FRDAPAdministrative Forms at www.denstate.fl.us/parks/OIRS and attach as Exhibit O) FPS-A033 Page 7 of 30 D. PROJECT COST ESTIMATE (COMPLETE ONLY FOR DEVELOPMENT & TRAILS PROJECTS): The project cost estimate break down is on the following two pages of this application. If land value is used as match, it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than fifty percent of the total cost. Remember to include each element in your conceptual site plan. Submit a conceptual site plan displaying the areas and facilities to be developed as proposed on page 9 & 10 of this application. The site plan must correlate with the project boundary map and cost estimate. The site plan must CLEARLY DELINEATE between facilities/opportunities currently existing, facilities proposed for funding (page 9 & 10) in this application and facilities planned for future development Please color code your site plan to indicate facilities that are existing, proposed for funding and planned for future development (not in this project). Also identify different FRDAP phases on the site plan and any LWCF phases. (Please Tab As Ezhibit "G") FPS-A033 Page 8 of 30 PRIMARY RECREATION AREAS AND FACILITIES: Including, but not limited to, beach access, picnic facilities, fishing piers, ball fields, tennis courts, trails, trailheads, etc. No enclosed structures are eligible costs. Costs of planning and site preparation should be included within the cost of each element. If this is a trail project, list the uses or types of trails. FRDAP funded elements are not eligible for renovation if funded within the east S years. All elements which are the same must be completed for phased proiects before element extensions can be applied for (Examples: Trail extensions and Hier extensions, etc). ti Descri tion Estimated Cost N E W R E N O V A T I O N S Total Primary $ FPS-A033 Page 9 of 30 SUPPORT FACILITIES AND IMPROVEMENTS: No enclosed structures are eligible except restrooms, bathhouses or restroom/concession stands. Other support examples are: parking, landscaping, and security lighting. Amenities such as benches, or bike racks will receive no points when being scored. FRDAP funded elements are not eligible for renovation if funded within the past S years. All elements which are the same must be completed for phased proiects before element extensions can be applied for (Examples: Extension of parking lots and restrooms, etc). Quanti Descri tion Estimated Cost N E W R E N O V A T I O N S Total Support $ TOTAL COST OF PROPOSED PROJECT $ FPS-A033 Page 10 of 30 PART ll -EVALUATION CRITERIA GENERAL CRITERIA 1. CAPITAL IMPROVEMENT PLAN A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? Please provide: 1) a letter from the agency's city or county manager certifying the five year capital improvement schedule is officially adopted and date adopted. 2) a copy of the five year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year (County or City budgets are not the same as capital improvement schedules) Please highlight project name, amount and year. (20 points) Yes No --- OR --- B. Is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement plan or schedule and complete the project should it receive program funds? Please provide: a copy of a fully executed resolution amending the existing schedule to include the proposed project. The resolution must clearly indicate the proposed project by name, amount and year. (10 points) Yes No (Please tab as Exhibit "A") 2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN A. Explain how the proposed project would address one or more of the issues or goals identified in the State Comprehensive Outdoor Recreation Plan. Use the OUTDOOR RECREATIONINFLORIDA- 2000 (Chapter 6). Provide quotations or other appropriate references with explanations to juste the correlation. (Please tab as Exhibit "B") (4 points) FPS-A033 Page 11 of 30 ,~,. ~.. B. 2005 RELATIVE NEED INDEX BYREGION --. _.. Locate the applicant's region and circle each priority i' ~.~~` _ ~ ; _ ; ~ VI resource/facility need as proposed in the project cost on page 9 _ ~ "~, and 10 of this application or page 17 for acquisition projects which ~ is included in the applicant's planning region: (7 points) t 111 .~ \, ~. ~ VII I Bicycle Riding * Hiking * Nature Study * Outdoor ~~` - _ _ Swimming Pool Use * Shuffleboazd .._ - ~" -~_ II Bicycle Riding ,~..~ ~_~ ~_ _. ~~ -__- .-- III Saltwater Beach Activities * Saltwater Fishing (No Boat) IX _ ,_ , IV Bicycle Riding * Saltwater Fishing (No Boat) * Freshwater Beach ; Activities ~" V Freshwater Beach Activities * Saltwater Beach Activities * Bicycle Riding ~. t~~ ~•. VI Saltwater Beach Activities * Bicycle Riding .;-.: ~;`' Saltwater Fishing (No Boat) * Hiking * Outdoor Swimming Pool Use VII Bicycle Riding * Freshwater Fishing (No Boat) VIII Saltwater Beach Activities * Bicycle Riding * Hiking Outdoor Swimming Pool Use * Golfing IX Bicycle Riding * Saltwater Beach Activities * Nature Study * Hiking Tent Camping * Outdoor Swimming Pool Use * Shuffleboard * Golfing X Saltwater Beach Activities * Bicycle Riding * Freshwater Fishing (No Boat) Hiking * Outdoor Swimming Pool Use XI Saltwater Beach Activities * Bicycle Riding * Freshwater Beach Activities Freshwater Fishing (No Boat) * Hiking * Tent Camping * Outdoor Swimming Pool Use X hl FPS-A033 Page 12 of 30 3. PUBLIC PARTICIPATION Indicate which of the following apply (Check ALL that apply): (To receive points for this section any meetings, presentations, or surveys must be held in the current yeaz or within the previous 3 years of application. Also each of the three meetings must be held separately to receive each set of points.) A. Apre-advertised public meeting was held solely for the purpose of discussing the proposed project. Attach a copy of ad and proof of publication for the advertisement. Advertisement needs to state where and when advertised. If submitting 2 applications, must hold separate meeting for each project (unless they are phased projects of the same park). If not advertised in a newspaper, need a written explanation as to how, when and where advertised, along with a copy of notice/advertisemen~ (Please tab as Exhibit"C-1") (10 points) B. The project was discussed at a regularly scheduled meeting of the applicant's advisory boazd responsible for pazk, recreation or leisure service activities. Provide a cony of the minutes of the advisory board meeting(s) where this project was discussed. The board must be an appointed group of citizens, such as a parks and recreation advisory board, who would normally review projects similar to the proposed grant application. Planning and zoning or similar boards may be used if a parks and recreation advisory board does not exist. CITY OR COUNTY COMMISSIONS ARE NOT CONSIDEREDADVISORYBOARDS (Please tab as Exhibit "C-2") (7 points) C. Public input on the proposed project was obtained through presentations to community organizations, neighborhood associations and/or a written opinion survey. Provide documentation (minutes of meeting project discussed at with date or thank you letter from an organization, association, etc.) showing that presentations regarding this project were made to community organizations or groups OR provide a cony of the survey, who surveyed and summary of the results. Letters o~support are not acceptable to receive points. (Please tab as Exhibit "C-3") (4 points) FPS-A033 Page 13 of 30 4. OPERATION AND MAINTENANCE Capability to develop, operate and maintain the project site: (Please check ONLYone): Provide a briel description of how development, programming and maintenance will be provided and a copy of an agency organizational chart . The applicant has afull-time recreation or park department staffed to provide facility development, programming and maintenance. (Please tab as Ezhibit "D") (6 points) The applicant has demonstrated the existence of a full-time ability to provide facility development, programming and maintenance. (Please tab as Ezhibit "D") (4 points) The applicant has other means of providing facility development, programming and maintenance. 5. PARK PARTNERSHIP (Please tab as Ezhibit "D") (2 points) The proposed project is supported through a fully executed written cooperative agreement between the applicant and a private or public entity (within the current or past 3 years) in which said entity agrees to furnish 10% or more of the total project costs in cash, land, or labor services for the development/construction of this project with the applicant holding the leading management responsibility. The written agreement must be executed by the end of the submission period and quantify the donation in monetary units. This can be a cooperative agreement between both parties or a letter from the entity agreeing to furnish 10% of the total project costs in cash, materials, land, or labor services. (A management or maintenance agreement is not acceptable.) Yes No (Please tab as Ezhibit "E") (3 points) 6. TRAIL CONNECTIVITY The project provides for increased trail access by (a) connecting an existing, publicly owned and designated recreational trail with a project trail outside the project boundary; or (b) connecting two publicly designated trails outside of any park. Please indicate new project trail and where it connects to the ezisting trail(s) on the project site plan. Also, please identify by name and location the ezisting trail which this project connects to. Yes No (Please tab as Ezhibit "G") (5 points) FPS-A033 Page 14 of 30 DEVELOPMENT CRITERIA (COMPLETE ONLY FOR DEVELOPMENT PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such as baseball fields, basketball courts, trails, boat ramps, etc. (Bullet lists are encouraged) (If undeveloped, state None). The site plan must clearly delineate between facilities/opportunities currently existing, facilities proposed for funding in this application and facilities planned for future development. Please identify and color code di,~erent funding phases from the existing acilities. (Please tab as Exhibit "G") (5 points, if undeveloped) 2. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA A) List the facilities which are addressed on page 9 & 10 of this application which are identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Pazk Department Facility Needs in the State of Florida" effective December 1995. (See attached pages 22-26 for Priority Ranked Index Clusters. A project facility not listed in the priority ranked indexes will receive a score of a similar facility included in the indexes, as determined by the Department staff.) (If developing trails, must have separate trails to receive separate points. (Maximum 30 points) FPS-A033 Page 15 of 30 B) Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATIONAND PAR%DEPARTMENT FACILITYNEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority funding need ranking the project falls. (Check ONLY one): Highest Priority Funding Need (13 points) Second Highest Priority Funding Need (8 points) Population Density 1-Population Under 10,000. Rank 1 Construction Rank 2 Renovation Population Density 2 -Population 10,000 to 24,999 Rank 1 Renovation Rank 2 Construction Population Density 3 - Population 2,000 to 49,999 Rank 1 Construction Rank 2 Renovation Population Density 4 =Population 50,000 to 99,999 Rank 1 Constriction Rank 2 Renovation Population Density 5 -Population 100,000 and Over Rank 1 Renovation Rank 2 Construction Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida FPS-A033 Page 16 of 30 ACQUISITION CRITERIA (COMPLETE ONLY FOR ACQUISITION PROJECTS) 1. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA List all the facilities that will be developed for this project. Only facilities identified in the top three priority ranked index clusters of outdoor facilities needs for new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida", effective December 1995, will receive these points. (Priority ranked index clusters are attached as pages 22-26.) (15 points) 2. NEEDED RECREATIONAL ACREAGE Describe how the project provides for identified need(s) for additional park acreage pursuant to the applicant's adopted local comprehensive plan. Provide the following: A. Needed acres/Person and Total Acreage Under Local Control B. Provide excerpts of the applicant's local comprehensive plan as supporting back-up documentation and highlight the information that pertains to this section. (Please tab as Exhibit "F") (15 points) FPS-A033 Page 17 of 30 3. CAPITAL IMPROVEMENT PLAN A) Is the proposed development of the property identified in the applicant's capital improvement plan (CIP) or schedule during the current or next three (3) fiscal years? Please provide: 1). a letter from the agency's city or county manager certifying the five year capital improvement schedule is officially adopted. 2). a copy of the five year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year (County or City budgets are not the same as capital improvement schedules) Please highlight project name, amount and year. (6 points) Yes No B) Is the proposed development of the property included as part of the plan through an adopted resolution committing the applicant to amend their CIP and develop the property should it receive program funds? Please provide: a copy of a fully executed resolution amending the existing schedule to include the development of the proposed project. The resolution must clearly indicate the development of the proposed project by name, year and amount. (3 points) Yes No (Please tab as Exhibit "A") FPS-A033 Page 18 of 30 TRAIL CONSTRUCTION CRITERIA (COMPLETE ONLY FOR CONSTRUCTION OF TRAIL PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such as trails, trailheads, ball fields, basketball courts, etc. (Bullet lists are encouraged. If undeveloped, state None.) The site plan must clearly delineate between facilities/opportunities currently existing, facilities proposed for funding in this application and facilities planned for future development. Please identify and color code di„~erent unding phases from the existing acilities. (Please tab as Exhibit "G") (5 points, if undeveloped) 2. STATE GREENWAYS AND TRAILS PLAN Explain how the proposed project would address one or more issues or goals as identified in the State's Greenways and Trails Plan. Use "Connecting Florida's Communities with Greenways and Trails -September 1998". Provide quotations or other appropriate references to just the correlation. Use a separate sheet if necessary. (Please tab as Exhibit "H") (6 points) FPS-A033 Page 19 of 30 3. STATE OF FLORIDA DESIGNATED RECREATIONAL GREENWAY OR TRAIL The project is located on or connects with a State of Florida designated greenway or trail. Please provide a map and documentation (letter from Off ce of Greenways and Trails) indicating connectivity. Designation Agreements must be fully executed by the end of submission period Yes No (Please tab as Ezhibit "I") (3 points) 4. REGIONAL OR LOCAL GREENWAYS AND TRAILS PLAN Explain how the proposed project would implement a Greenway and Trail Plan adopted by either a regional or local governmental entity. Provide quotations or appropriate references with explanations to justify correlation. Enclose a copy of the regional or local governmental adopted Greenway Plan. (Please tab as Ezhibit "J") (4 points) FPS-A033 Page 20 of 30 5. MIXED USE OR SINGLE USE TRAILS Does the specific trail design demonstrate that the project will support: Mixed use recreational trail opportunities, either motorized or non-motorized, or both? Yes No (8 points) Single use recreational trail opportunities? Yes No (6 points) 6. INFRASTRUCTURE ASSESMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as, set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority funding need ranking the project falls. (Check ONLY one): Highest Priority Funding Need (13 points) Second Highest Priority Funding Need (8 points) Population Density 1 -Population Under 1.0,000 Rank 1 Construction Rank 2 Renovation Population Density 2 -Population 10,000 to 24,999 Rank 1 Renovation Rank 2 Construction Population Density 3 -Population 25,000 to 49,999 Rank 1 Construction Rank 2 Renovation Population Density 4 -Population 50,000 to 99,999 Rank 1 Construction Rank 2 Renovation Population Density 5 -Population 100,000 and Over Rank 1 Renovation Rank 2 Construction Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida FPS-A033 Page 21 of 30 Part ll1-Supporting Documents POPULATION DENSITIES Outdoor Facility Needs Ranked by Priority Indez: Population Density 1 Rank Renovation Construction Facili Points Facili Points 1 Playgrounds 6 Baseball Fields 6 Cluster I 2 Support Facilities 5 Softball Fields 5 3 Tennis Courts 5 Playgrounds 5 Cluster II 4 Rest Rooms 5 Rest Rooms 5 5 Picnic Facilities 4 Support Facilities 4 6 Baseball Fields 4 Soccer Fields 4 7 Basketball Courts 4 Basketball Courts 4 Cluster III 8 Softball Fields 4 Bike Trails 4 9 Swimming Pools 4 Swimming Pools 4 10 Boating Facilities 4 Tennis Courts 4 11 Fishing Piers 3 Picnic Facilities 3 12 Camping 3 Handball Courts 3 13 Handball Courts 3 Fishing Piers 3 Cluster IV 14 Football Fields 3 Football Fields 3 15 Soccer Fields 3 Boating Facilities 3 16 Beach Access 2 Exercise Trails 2 17 Historical Facilities 2 Camping 2 18 Shuffleboard Courts 2 Beach Access 2 Cluster V 19 Nature Trails 2 Historical Facilities 2 20 Other 2 Shuffleboard Courts 2 21 Golf Courses 2 Nature Trails 2 22 Bike Trails 1 Golf Courses 1 23 Exercise Trails 1 Hiking Trails 1 Cluster VI 24 Hiking Trails 1 Horse Trails 1 25 Horse Trails 1 Other 1 Population Density 1 -Population Under 10,000 FPS-A033 Page 22 of 30 Outdoor Facility Needs Ranked by Priority Indez: Population Density 2 Rank Renovation Construction Facili Points Facili Point s 1 Rest Rooms 6 Support Facilities 6 Cluster I 2 Support Facilities 6 Rest Rooms 6 3 Playgrounds 6 Playgrounds 6 4 Baseball Fields 5 Softball Fields 5 5 Tennis Courts 5 Soccer Fields 5 Cluster II 6 Softball Fields 5 Baseball Fields 5 7 Basketball Courts 4 Basketball Courts 4 8 Boating Facilities 4 Picnic Facilities 4 Cluster III 9 Swimming Pools 4 Swimming Pools 4 10 Picnic Facilities 4 Football Fields 4 11 Soccer Fields 4 Tennis Courts 4 12 Exercise Trails 3 Handball Courts 3 13 Football Fields 3 Nature Trails 3 Cluster IV 14 Shuffleboazd Courts 3 Bike Trails 3 15 Handball Courts 2 Boating Facilities 2 16 Beach Access 2 Other 2 17 Fishing Piers 2 Exercise Trails 2 18 Camping 2 Golf Courses 2 Cluster V 19 Bike Trails 2 Hiking Trails 2 20 Nature Trails 2 Fishing Piers 2 21 Other 2 Camping 2 22 Golf Courses 1 Beach Access 1 23 Hiking Trails 1 Historical Facilities 1 24 Historical Facilities 1 Horse Trails 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 2 -Population From 10,000 to 24,999 FPS-A033 Page 23 of 30 Outdoor Facility Needs Ranked by Priority Indez: Population Density 3 Rank Renovation Construction Facili Points Facili Points 1 Rest Rooms 6 Baseball Fields 6 Cluster I 2 Playgrounds 6 Soccer Fields 6 3 Support Facilities 5 Support Facilities 5 4 Tennis Courts 5 Softball Fields 5 Cluster II 5 Baseball Fields 5 Playgrounds 5 6 Basketball Courts 5 Boating Facilities 5 7 Beach Access 4 Football Fields 4 8 Swimming Pools 4 Tennis Courts 4 Cluster III 9 Soccer Fields 4 Rest Rooms 4 10 Picnic Facilities . 4 Picnic Facilities 4 11 Football Fields 3 Basketball Courts 3 12 Softball Fields 3 Other 3 Cluster IV 13 Boating Facilities 3 Exercise Trails 3 14 Exercise Trails 2 Bike Trails 2 15 Handball Courts 2 Nature Trails 2 16 Other 2 Camping 2 17 Golf Courses 2 Handball Courts 2 18 Shuffleboard Courts 2 Historical Facilities 2 Cluster V 19 Fishing Piers 2 Swimming Pools 2 20 Bike Trails 2 Hiking Trails 2 21 Hiking Trails 2 Golf Courses 2 22 Nature Trails 2 Beach Access 2 23 Camping 2 Fishing Piers 2 24 Historical Facilities 1 Horse Trails 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 3 -Population From 25,000 to 49,999 FPS-A033 Page 24 of 30 Outdoor Facility Needs Ranked by Priority Index: Population Density 4 Rank Renovation Construction Facili Points Facili Points 1 Playgrounds 6 Soccer Fields 6 Cluster I 2 Rest Rooms 5 Playgrounds 5 3 Support Facilities 5 Picnic Facilities 5 Cluster II 4 Tennis Courts 5 Baseball Fields 5 5 Soccer Fields 5 Support Facilities 5 6 Baseball Fields 5 Swimming Pools 5 7 Swimming Pools 4 Softball Fields 4 8 Exercise Trails 4 Basketball Courts 4 Cluster III 9 Softball Fields 4 Rest Rooms 4 10 Basketball Courts 4 Other 4 11 Handball Courts 3 Exercise Trails 3 Cluster IV 12 Picnic Facilities 3 Golf Courses 3 13 Boating Facilities 2 Tennis Courts 2 14 Beach Access 2 Boating Facilities 2 15 Fishing Piers 2 Fishing Piers 2 16 Shuffleboard Courts 2 Football Fields 2 17 Football Fields 2 Handball Courts 2 18 Golf Courses 2 Bike Trails 2 Cluster V 19 Nature Trails 2 Nature Trails 2 20 Other 2 Hiking Trails 2 21 Bike Trails 2 Horse Trails 2 22 Camping 2 Beach Access 2 23 Hiking Trails 2 Camping 2 24 Historical Facilities 1 Historical Facilities 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 4 -Population From 50,000 to 99,999 FPS-A033 Page 25 of 30 Outdoor Facility Needs Ranked by Priority Indez: Population Density 5 Rank Renovation Construction Facili Points Facili Points 1 Support Facilities 6 Support Facilities 6 Cluster I 2 Rest Rooms 5 Baseball Fields 5 Cluster II 3 Playgrounds 5 Playgrounds 5 4 Tennis Courts 4 Softball Fields 4 5 Swimming Pools 4 Rest Rooms 4 Cluster III 6 Boating Facilities 4 Soccer Fields 4 7 Basketball Courts 4 Picnic Facilities 4 8 Golf Courses 3 Bike Trails 3 9 Softball Fields 3 Swimming Pools 3 10 Picnic Facilities 3 Exercise Trails 3 11 Historical Facilities 3 Hiking Trails 3 Cluster IV 12 Baseball Fields 3 Other 3 13 Fishing Piers 3 Golf Courses 3 14 Exercise Trails 3 Camping 3 15 Soccer Fields 3 Beach Access 3 16 Handball Courts 2 Historical Facilities 2 17 Camping 2 Tennis Courts 2 18 Football Fields 2 Basketball Courts 2 Cluster V 19 Nature Trails 2 Boating Facilities 2 20 Beach Access 2 Fishing Piers 2 21 Bike Trails 2 Football Fields 2 22 Other 2 Nature Trails 2 23 Hiking Trails 2 Handball Courts 2 24 Horse Trails 1 Horse Trails 1 Cluster VI 25 Shuffleboard Courts 1 Shuffleboard Courts 1 Population Density 5 -Population From 100,000 & Over FPS-A033 Page 26 of 30 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: AUGUST 1, 2007 SUBJECT: AGENDA ITEM # RESOLUTION N0.45-07 ITEM BEFORE COMMISSION This is before the City Commission to consider approval of Resolution No. 45-07 naming the Western/Senior Community Center the "Delray Beach Family Recreation and Fitness Center". BACKGROUND At the February 6, 2007 Commission Meeting, the Commission approved the name "Delray Beach Family Recreation and Fitness Center" for the Western/Senior Community Center. However, a formal resolution is needed to accompany the Florida Recreation Development Assistance Program (FRDAP) Grant Application. RECOMMENDATION Recommend approval of Resolution No. 45-07 naming the Western/Senior Community Center the "Delray Beach Family Recreation and Fitness Center". RESOLUTION N0.45-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE WESTERN/SENIOR COMMUNITY CENTER "THE DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER". WHEREAS, the City owns land located on the northwest corner of Congress Avenue and Lake Ida Road wishes to name this area "The Delray Beach Family Recreation and Fitness Center". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the above recitals are incorporated as if fully set forth herein. Section 2. That the area located on the northwest corner of Congress Avenue and Lake Ida Road be named "The Delray Beach Family Recreation and Fitness Center". PASSED AND ADOPTED in regular session on this day of , 2007. MAYOR ATTEST: City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JOSEPH M. SAFFORD, FINANCE DIRECTOR THROUGH: CITY MANAGER ~il'v I DATE: JULY 31, 2007 ! SUBJECT: .ENDA ITEM #I ADDITIONAL AUDIT FEES ITEM BEFORE COMMISSION Request approval to pay $35,906 for additional audit services BACKGROUND The City's auditors provided additional services for the 2006 audit beyond the original scope of services as follows: • Additional audit procedures related to high risk classification of Federal grant funds • Additional audit procedures related to State grant programs • Additional audit procedures related to reclassification of Sanitation Fund as a major fund • Additional testing of Police & Fire pension plan transactions FUNDING SOURCE Funding provided in multiple accounts RECOMMENDATION Commission approval for payment of invoice to Caler, Donten, Levine, Druker, Porter & Veil in the amount of $35,906. ~II' CALEB, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. WIILIAM K. CALEB JR., CPA LOUIS M. COHEN, CPA JOHN C. COURTNEY, CPA, JD DAVID S. DONTEN, CPA SCOTT D. DRUKER, CPA, JD JAMES B. HUTCHISON, CPA' JOEL H. LEVINE, CPA JAMES F. MULLEN, IV, CPA THOMAS A. PENCE, JR., CPA SCOTT L. PORTER, CPA MARK D. VEII., CPA CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAOLER DRIVE, SUTfE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpa.com July 16, 2007 MEMBERS AMERICAN INST11'UTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS Mr. Joseph M. Safford Finance Director City of Delray Beach 100 N.W. 1 S` Avenue Delray Beach, FL 33444 Dear Mr. Safford: Enclosed herewith please find our final billing for the audit of the City for the year ended September 30, 2006. This billing reflects the additional services provided in connection with the 2006 audit that were beyond the scope of services in our engagement letter and are explained in detail below: Federal Single Audit: During the 2005 Federal Single Audit there were findings and questioned costs identified in the audit of the Community Development Block Grant Program. As a result, the City no longer qualified as a low risk auditee pursuant to the rules of OMB Circular A-133 governing the audits of federal award programs. As a high risk auditee the City is no longer eligible for a reduced threshold. for testing major federal award programs,. which resulted. in our performing .additional Single Audit procedures for the Community Development Block Grant Program during the 2006 audit of the City. The billing for this additional audit time is $9,876. There were no findings identified in the 2006 Single Audit and if no findings are identified during the 2007 Single Audit, the City will qualify as a low risk auditee for the 2008 Single Audit. State Single Audit: For the year ended September 30, 2006, the City received and expended State grant funds totaling approximately $3,454,000 in four new State financial assistance programs and six separate grants that met the definition of a major State program and were required to be audited pursuant to the Florida Single Audit Act and Rules of the Auditor General. The billing ..for the additional audit time to audit these four new State financial assistance programs is $16,755, which represents less than half of one percent of the additional grant funding received from the State. Sanitation Fund: Prior to 2006, the City's Sanitation Fund was anon-major proprietary fund. For the year ended September 30, 2006 the Sanitation Fund was classified as a major proprietary fund under the criteria of GASB Statement No. 34 because of the significantly higher revenue and expenses of the Sanitation Fund associated with debris cleanup expenses and related FEMA Mr. Joseph M. Safford July 16, 2007 Page Two reimbursement income for Hurricane Wilma. As a major fund of the City, the Sanitation Fund was required to be separately audited and presented in the City's financial statements. In addition, the level of materiality was significantly lower for the Sanitation Fund and the related audit testing required for the Sanitation Fund was higher. The billing for the additional audit time related to auditing the Sanitation Fund as a major fund for 2006 is $6,845. The Sanitation Fund is expected to be a non-major fund again in 2007 in the absence of the additional expenses and FEMA reimbursements related to a hurricane cleanup. Police and Fire Pension Plan: In connection with our audit of the City's Pension Plans, we test and verify the pension plan participant and retiree information used for determination of retirement benefit expense and the City's actuarial contribution amounts. For 2006, the City's Police and Fire Pension Fund Board of Trustees engaged an outside pension administrator to maintain the official records for the Pension Plan that were previously maintained by the City Finance Department. The Pension Plan information requested for audit and provided by the outside pension administrator was incomplete and/or incorrect requiring additional audit time to follow up and obtain complete and accurate information to complete our audit procedures and verify reported amounts for the Pension Plan. The billing for this additional audit time is $2,430. We recognize that these matters represent a large billing for our additional time, but as we previously discussed, the additional audit time necessary to perform the several tasks outlined above was significant and beyond the scope of our normal audit engagement. Further, we have discounted our actual time and absorbed approximately 30% of the total costs necessary to perform these tasks. It is also important to note that for 2007, the only one of the foregoing matters that is presently expected to recur is the additional audit time associated with the Federal Single Audit and the high risk auditee classification of the City. However, as indicated above, the City will again qualify as a low risk auditee in 2008 if there are no Single Audit findings for 2007, so the additional time associated with this expanded testing is also not expected to recur after this year. We appreciate the opportunity to serve the City of Delray Beach and if you have any questions regarding the matters discussed above, please do not hesitate to call me. Very truly y s, Scott L. Porter, CPA Partner I' BALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. WILLIAM K. CALER, Ht., CPA LOUIS M. COHEN, CPA JOHN C. COURTNEY, CPA, JD DAVID S. DONTEN, CPA SCOTT D. DRUKER, CPA, 1D JAMES B. HUTCHISON, CPA' JOEL H. LEVINE, CPA LAMES F. MULLEN, IV, CPA THOMAS A. PENCE, JR., CPA SCOTT L. PORTER, CPA MARK D. VEH., CPA CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpa.com MEMBERS AMERICAN INSTITUTE OF CERT[FIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS City of Delray Beach Mr. Joseph Safford 100 NW 1st Avenue Delray Beach FL 33444 Date: 7/13/2007 Invoice #: 65692 Client 1D: DE325 Additional audit procedures related to high risk classification of Federal 9,876.00 Single Audit grant funds Additional audit procedures related to the State Single Audit of four 16,755.00 additional State grant programs far 2006 Additional audit procedures related to Sanitation Fund classification as 6,845.00 major fund for 2006 Additional audit time for testing Police and Fire pension plan retiree and 2,430.00 participant transactions due to incompletelincorrect information provided by pension administrator Current Bill Amount: $35,906.00 Previous Balance: 0.00 Total Amount Now Due: $35,906.00 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL PROGRAMS AND STATE PROJECTS (Continued) Year Ended September 30, 2005 B. FINDINGS -BASIC FINANCIAL STATEMENTS None C. FINDINGS AND QUESTIONED COSTS -MAJOR FEDERAL PROGRAMS Finding Questioned Number Findine Costs U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT F2005-1 Community Development Block Grants/Entitlement Grants CFDA No. 14.218 Grant No. B-03-MC-12-0033 Grant Year 2003 Criteria: The signed agreement between the City and the Community Child Care Center of Delray Beach, Inc. indicates in Article III, Funding and Method of Payment, that prior to receipt of CDBG funds (through reimbursement), the subrecipient shall submit monthly attendance and enrollment rosters, monthly timesheets reflecting actual time worked by CDBG funded positions, and an annual report. Condition: One organization was awarded funding of $75,000 under the Community Development Block Grant to fund a portion of the salaries of two full time administrator positions (Senior Business Operations Manager and the Assistant Director/Toddler Center). There was no documentation that the grant funds were expended for the salaries of the two specified positions. The only documentation in the subrecipient file was child attendance records. Effect: The grant funding provided for the salary expenditures is subject to disallowance and is therefore considered a questioned cost. Cause: This occurred because no procedures were in place in the City's Community Development Department to ensure that the required documentation was obtained from this subrecipient before the grant funds were disbursed. Population and Items Tested: A sample of payments to four subrecipients totaling $165,000 was selected from a population of payments to six subrecipients totaling $195,000. One subrecipient with questioned costs of $75,000 was found in noncompliance. $ 75,000 119 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL PROGRAMS AND STATE PROJECTS (Continued) Year Ended September 30, 2005 Finding Questioned Number Finding Costs F2005-1 Recommendation: Procedures should be established to require (continued) subrecipients to submit the required documentation before eligible expenditures are reimbursed with grant funds. Grantee Response: We concur with the audit finding. Although this was an oversight and the payroll records have been requested, an additional layer of review and approvals will be implemented to eliminate a reoccurrence. Total U.S. Department of Housing and Urban Development $ 75,000 D. FINDINGS AND QUESTIONED COSTS -MAJOR STATE PROJECTS Finding Questioned Number Finding Costs FLORIDA HOUSING FINANCE CORPORATION S2005-1 State Housing Initiatives Partnership Program (SHIP) CSFA No. 52.901 Grant No. JF-093 Hurricane Disaster Relief Year ended September 30, 2005 Criteria: SHIP hurricane disaster relief was provided to repair hurricane damage sustained by eligible households. The SHIP program requires repairs and rehabilitation work to be inspected. Condition: The SHIP hurricane disaster relief was paid to eligible households based on contractor proposals and insurance claims prior to the repairs being initiated or completed. There was no inspection or documentation that the repairs were actually made. Effect: The SHIP hurricane disaster relief for repairs that were not inspected or documented is subject to disallowance and is therefore considered a questioned cost. Cause: This condition occurred because there were no procedures in place in the City's Community Development Department for follow up or inspection of the repairs to ensure that the SHIP hurricane disaster relief was expended for allowable costs. 120 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL PROGRAMS AND STATE PROJECTS (Continued) Year Ended September 30, 2005 Finding Questioned Number Finding Costs S2005-1 Population and Items Tested: A sample of 18 payments to eligible (continued) households totaling $113,081 was selected from a population of 51 payments to .eligible households totaling $216,217. None of the payments in our sample had documentation that the repairs were inspected or otherwise verified by the City. City personnel confirmed that they did not inspect the repairs that were made. Accordingly, the entire cost of the program is considered to be a questioned cost. $ 216,217 Recommendation: Procedures should be established for inspection of humcane damage repairs to ensure compliance with the program requirements. Grantee Response: We concur with the audit finding. To ensure that all regulatory SHIP rules are addressed adequately,. a Preliminary SHIP Application form has been developed. This form has a check list for pernuts and also requires a final approval prior to closing the claim. Total Florida Housing Finance Corporation $ 216,217 E. OTHER MATTERS 1. A Summary Schedule of Prior Audit Findings is not required because there were no prior audit fmdings related to Federal programs or State projects. 121 AGENDA ITEM NUMBER: v • v AGENDA REQUEST Date: July 26, 2007 Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: July 31, 2007 Description of Agenda Item: Request Commission approval to pay audit costs in the amount of $35,906 to Caler, Donten, Levine, Druker, Porter & Veil, P.A., our contracted auditors, for additional audit procedures related to various funds . ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Commission approve payment of invoice in the amount of $35,906 for audit services. Department Head Signature: ~l(i~Lr,Qcs~~C Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: es No Hold Until Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: AUGUST 1, 2007 SUBJECT: AGENDA ITEM # ~ • ~ REGULAR MEETING OF AUGUST 7, 2007 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM ITEM BEFORE COMMISSION An amendment to the Interlocal Agreement Creating the Palm Beach Workforce Development Consortium dated July 10, 2007. BACKGROUND The proposed First Amendment to the Interlocal Agreement encompasses language that was requested by the Florida Department of Community Affairs which inserts language stating the requirements of the Independent Special District charter in accordance with Sections 189.416(1} and 189.418(1), Florida Statutes by adding Section "J" to Article 9 of the Interlocal Agreement. FUNDING SOURCE N/A RECOMMENDATION City Staff recommends approval of the First Amendment to the Interlocal Agreement Creating the Palm Beach Workforce Development Consortium. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Sharon Brea, Director Quality, Compliance and Contracts Workforce Alliance, Inc. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM WITNESSETH: WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect entered into an Interlocal Agreement Creating The Palm Beach Workforce Development Consortium. WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, wish to revise the Interlocal Agreement and insert language stating the requirements of the Independent Special District charter in accordance with Sections 189.416(1) and 189.418(1), Florida Statutes. WHEREAS, the effective date of this First Amendment shall be August 1, 2007. NOW, THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, hereby agree that the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium is amended as follows: Insert and add the following "Section J." to "Article 9. DUTIES AND RESPONSIBILITIES OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM" of the Interlocal Agreement as follows: J. The following provisions for the requirements of the Workforce Alliance Independent Special District (ISD) Charter are provided herewith: a} The purpose of the ISD is to develop a readily available workforce of skilled workers which is mandatory to attract new businesses to the ISD and to retain and expand existing businesses within the ISD. This in turn will increase the wealth of the ISD, grow the economic "pie", ensure jobs for our citizens, expand the tax base, improve the quality of life and ensure the district's economic future. b) The powers, functions and duties of the ISD will not be used for the purpose of ad valorem taxation, bond issuance or other revenue-raising capabilities within the district. Nor will tax deeds and tax certificates for non-ad valorem assessments as well as liens or the foreclosure of liens be used. The budget and its approval as well as contractual agreements will be in parallel with the provisions set forth in this Interlocal Agreement. c) The method of establishing the ISD is by this Interlocal Agreement between the governing bodies of Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens and South Bay, all located within the boundaries of Palm Beach County. The 1SD shall be established by the concurrence and signing of all participants of this Interlocal Agreement. d) The ISD Charter will be amended as required upon recommendation by any member of The Palm Beach Workforce Development Consortium/ISD providing thirty days written notice prior to a scheduled meeting of the members. e) The membership and organization of the ISD will parallel that of The Palm Beach Workforce Development Consortium. f) There will be no compensation for members of the governing board other than for travel and meeting expenses. g) The administrative duties of the governing board are as follows: • Determine the procedures for the development of the Workforce Investment Pian and the strategy to implement Florida's workforce development initiative within the ISD. • Together with Workforce Alliance, Inc., to approve the workforce development plan for the ISD and modifications thereto. • Provide oversight and guidance in conjunction with the Workforce Alliance Inc. Board of Directors. • Perform any other appropriate duties necessary for the accomplishment, and consistent with the purposes of the ISD. h) The applicable financial disclosure, noticing, and reporting requirements will be followed as required by and in accordance with all applicable Florida Statutes for publicly elected officials, in accordance with Florida's Government-in-the Sunshine Law (FS Chapter 286) and reporting will be in parallel with The Palm Beach Workforce Development Consortium and Workforce Alliance, Inc. as required for federal and state reporting. i) Members of the ISD governing board will be a duly elected County commissioner or a city Councilperson appointed to the ISD by their respective commission or council. j) The 1SD we be financed through the allocation of federal funds from the United States Department of Labor or the United States Department of Health and Human Services or through any other Federal, State or Local source. Other funds in the form of public and/or private grants or awards may be available from time to time. 2 k) The ISD will not tax, issue bonds, nor collect non ad valorem assessments, fees or service charges. I) Planning to meet federal and state requirements is the submission of a strategic workforce development plan every two years which is process oriented in nature. Therefore, a local plan which will be tailored to the ISD and which will focus on the outcomes necessary to meet the goals and objectives of the ISD will be developed and reviewed on an annual basis. m) The geographic boundary of the ISD is limited to the confines of the legal description of Palm Beach County Florida. n) The creation of this ISD is consistent with local government approved comprehensive plans. 2. All other provisions of the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium and attachments thereto in conflict with this First Amendment shall be and are hereby changed to conform with this First Amendment. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with this f=irst Amendment are still in effect and are to be performed as specified in the Interlocal Agreement. (The remainder of this page is intentionally left blank.] 3 EXECUTION PAGE [Page 1 of 1 ] COUNTY OF Palm Beach BY: Chair DATE: ATTEST: Clerk CITY OF DELRAY BEACH BY: Mayor DATE: ATTEST: CITY OF PALM BEACH GARDENS Corporation Secretary BY: Mayor DATE: ATTEST: CITY OF SOUTH BAY Corporation Secretary BY: Mayor DATE: ATTEST: Corporation Secretary 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: VICTOR MAJTENYI, DEPUTY DIRECTOR OF PUBLIC UTILITIES THROUGH: CITY MANAGER DATE: August 2, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OF AUGUST 7 Emergency Sanitary Sewer Repairs on SW 7th Avenue (P/N 2007-053) Change Order #4 to Block 64 Alley Improvements (PIN 2005-014) Chaz Equipment Company, Inc. ITEM BEFORE COMMISSION Approve Change Order #4 (contract addition) on the Block 64 Alley Improvement project (P/N 2005-014) to Chaz Equipment Company, Inc. in the amount of $77,525.00 for the Emergency Sanitary Sewer Main Repairs on SW 7`" Avenue, between Atlantic Avenue and SW ls` Street (P/N 2007-053). Pricing is appropriate for the scope of work. BACKGROUND On July 31, 2007, two large depressions in the roadway were reported to our Water/Sewer Network Division along SW 7"' Ave, from Atlantic Ave south to SW ls` St; the two locations are approximately 150' apart. Public Work's crews secured the site with barricades. Personnel were dispatched to the location to determine the potential cause of the depression. Upon inspection, flows from upstream manhole indicated a break in the sewer main. The in-house video camera crew confirmed that the sewer main collapsed. Since Chaz Equipment is currently performing work on Block 64 Alley Improvements project (SW 1$` Ave at SW 4`~ St) they were able to mobilize immediately and start by- pass pumping. The sewer main is an 8" diameter clay pipe and approximately 11 feet deep. The site must be excavated to determine the extent of damage and to physically accomplish the repairs. Due to the extreme depth of the line, the excavation activity will require dewatering. This work is beyond the capabilities of in house utility maintenance resources, therefore staff solicited a price from Chaz Equipment Co., Inc. to perform the work on an emergency basis. Chaz Equipment Company, Inc. has provided a quote to perform the necessary utility repairs and associated roadway restorations for a cost of $77,525.00. FUNDING SOURCE Funding is from account #442-5178-536-46.90, Water and Sewer Renewal & Replacement/Other Repair and Maintenance in the total amount of $77,525.00, after a budget transfer. RECOMMENDATION Staff recommends award of Change Order #4 (Contract Addition) to Chaz Equipment Company, Inc. in the amount of $77,525.00 for the emergency sewer main repairs on SW 7`~ Avenue. cc: File; Agenda 07.10.07 P/N 2005-014 (A) P/N 2007-053 (A) Scott Solomon; Manager of WateNSewer Network C:\Docurnents and Settings\gaskins\I.ocal Settings\Temporary Internet Files\OLKB2\Agnd Memo CHAZ SW7th Ave Swr Repair RI 08 07 07.doc 08!01!2007 15:18 FAK 5813332180 CHAZ EQUIPMENT CO INC ~ 002/004 ~.G4' ~ r~ S"3 Emergency Sanitary Ptptng "Paint Repairs" on Exis#ing S" VCP Main on SVV 7th Ave Bettye®n Atlantic Ave and SW Est St City of Delray Beach Attn: Mr. Soon Soloman 434 S. Swinton Ave Delray Beach, FI 33444 Submitted August 1, 2007 Dear Mr. Solomon: Please find below our proposal for the tum-key repair for the work on SW 7t}t Ave. If there are any questions please call. if the proposal is acceptable please issue the appropriate Purchase Order and we w111 schedule the work immediately. Item # Desaiptlon Qty Unit Price Total 1 MobillYetlan 1 is 4,000.00 $ 4,000.00 Moblllzatlan of equipment to Job 1 ~ Supsrvfelon 1 ~ Bond NIC Vldea / D1nRal PEcturea 1 b Mslntenance of Tr®fAc 1 le 2 Asphalt Pavement Remove! /Replacement 12b 5Y 12S.OD ; 7ti,t32b.00 3 f3" Sewer Point Repair (10 -12) -max 2 Jts of 2 ~ 17,500.00 S 39,OOD.00 pipe replaced at each point repair 4 Sanitary Sewer lateral remlreplace to and 5 t_a 1,500,00 $ 7,500.00 Including cleanoat at property Iine 5 Remove exiatln0 tree 1 . Fa 250,00 ~ 250.00 6 Remove existing °dr~' Inlet 1 t.a 260.00 S 250A0 7 Protect! repair ex9sttng water service 1 Ea 350.00 ~ 950.00. `8 Curb Removal i Replacamnt 80 I.F 60.00 $ 4,$00,00 06101/2007 13:18 FAH 5813332180 CHRZ EQUIPMENT CD INC ~ 003/004 Item ~ ©escnpgan ~b Unit PnCO ( 'total 9 SidewalkRemoval / Replacemnt 400 SF 1x.00 $ 4,600.00 10 Sodding reptaceamnt (Bahia) 450 $F 1.t)D $ 4b0.00 17 Temporary bypass setup (8" pipe) 1 L9 Z,000.00 s x,000.00 11s Bypass pumping (pump! hoses) i3 days &00.00 $ 2,SOOAD TOTAL OF ALL ESTIMATE=D PRICES S »,52s.oo Special Prov~lon: Paint repair is for 2 )ts (26 If) far each repair. Due to deteriorated condito~t of existing 8" clay pipe as deterimed by Chat! City of Delray Beach it becomes necessary to irtst8ll more pipe to get a good pipe totie-in to #hen the addtlona! pipe nvar the 2 jts per repair shelf be billed at a rate of $250.00 /if plus applicable restoration unit prices par above. Notes: Scope Is per attached sketch labeled "Exh~it A" per discussions in the fteld. Cal s i. saT-~s2-~~88 Howard VYlght, V{ce President SW 7th Ave Emergency Sewer Repairs P1N 2007-053 08/01/2007 15:18 FAX 5513332180 CNRZ EQUIPMENT CO INC f~004/004 09/0il2807 10:46 5612437314 CITY OF' DELR+4Y BEAG}i PAGE 01/01 .~i ~~ 1~ // ~ ... ., fl ~T.N ~~, T ~.. __..~~.._,~._.,...._..~._. ,~.- ~~___._..~. _.__._.. __ ,.W .....~_..__._._ .~.._ ...-.~G~ ._ _ ,___ _~~ l.~ ~,..__ ...,._ _...~..__.._, ~ "._ ~ _.. _ ~-.--~.~, ..~.K9 ~--~.~_ ..__. _w.~ _. k .. ~~_ ~.,._ .,._ ._...__ , ~ _ . a l ~-_..~' .. _ ~.___ .. ~ . _ ..i_.._~---- ~` ~ ` `P' ~ Mw. - --.~.~L., ....._..__.~..-~-~~ -- .~_...~_ ..~~_.. ___~. ~~~ ~-~ a ~ ~ _,~..._._. .. , _._...___~ ..~......,..~ ...._... ~ ..~.~ , Agenda Item No.~~ Request #o be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: August 2, 2007 When: August 7.2007 Description of item (who, what, where, how much): Request City Commission approve Change Order #4 (Contract Addition) on the Block 64 Alfey improvement project (P/N 2005-014) to Chaz Equipment, Inc. in the amount of $77,525.00 for the Emergency Sanitary Sewer Main Repairs on SW 7~' Avenue, between Atlantic Avenue and SW 1'` Street (PIN 2007-053). Funding is from account #442-5178-536-63.51, Water and Sewer Renewal & Replacement! Sewer Mains in the total amount of $77,525.00. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve Change Order #4 to Chaz Equipment Company, Inc. Department head Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure ofi funds): Funding available: YES/NO Funding aftematives (if applicable): Account No. & Description See Above Account Balance City Manager Review: Approved for agenda: ~i~INO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AGENDA REQUEST S:IEngAdminlProjecfs1200712007-05310FFICIAL1Agda Reg CHAZ SW 7th Ave Swr Repair 08.02.07.doc A ends Item No. g AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: August 2, 2007 When: August 7.2007 Description of item (who, what, where, how much): Request City Commission approve Change Order #4 (Contract Addition) on the Block 64 Alley Improvement project (P/N 2005-014) to Chaz Equipment, Inc. in the amount of $77,525.00 for the Emergency Sanitary Sewer Main Repairs on SW 7cn Avenue, between Atlantic Avenue and SW 1 gc Street (P/N 2007-053). Funding is from account #442-5178-536-46.90, Water and Sewer Renewal & Replacement/ Other Repair and Maintenance in the total amount of $77,525.00. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve Change Order #4 to Chaz Equipment Company, Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re ed on all items involving expenditure of funds): Funding available: E NO Funding alternatives (if applicable): Account No. & Description See Above Account Balance~/~y 97'3 ~d 6~cr.~~t'?f~- ~ Gf~ e~~ ~= y8 Y7.3 City Manager Review: ~ ~ 1, Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved C:1Documents and Settings\gaskinslLocal SettingslTemporary Internet Filesl0LKB21Agda Req CHAZ SW 7th Ave Swr Repair R1 OS 02 07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSI NERS C~/,~G~ FROM: JASMIN ALLEN, PLANNER ~'''`'~~ ~ PAUL DORLING, AICP, DIR CTOR PLANNING AND ZONING r THROUGH: CITY MANAGER G~ DATE: AUGUST 2, 2007 SUBJECT: AGENDA ITEM # ~ . IV ~ - REGULAR MEETING OF AUGUST 7, 2 REPORT OF APPEALABLE LAND USE ITEMS JULY 23, 2007 THRU AUGU 3, 2007 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of July 23, 2007 through August 3, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of July 25, 2007 A. Denied (6 to 0, Connor Lynch absent), a request for an exception to the master sign program to allow a total of three (3) new wall signs for Kentucky Fried Chicken, located on the south side of Linton Boulevard, east of SW 4th Avenue (360 Linton Boulevard). The Board denied the request for the three (3) new walls in order to maintain the unified master sign program established 1993. The Board, however, approved with conditions the installation of one (1) new wall sign on the north elevation. B. Approved (6 to 0) a request for a color change for an existing commercial building known as the Sanderson Building, located on the south side of East Atlantic Avenue, east of SE 6tn Avenue (636 East Atlantic Avenue). City Commission Documentation, Meeting of August 7, 2007 Aonealable Items C. Tabled (6 to 0), a request for a color change request for Shore Beach Bar, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (6 South Ocean Boulevard). The Board requested that the applicant revise and resubmit a new color scheme. D. Tabled (6 to 0), a Class II site plan modification associated with reconfiguration of the entrance area to the clubhouse and the expansion and renovation of the clubhouse and fitness center for the Hamlet Country Club, located on south of West Atlantic Avenue at Hamlet Drive. The Board tabled the item and requested that the applicant provide additional plan information. E. Approved (6 to 0), a Class II site plan modification associated with the installation of new landscaping for Sea Fields Club, an existing multiple family development, located at the southwest corner of South Ocean Boulevard and Bay Street. F. Approved with conditions (6 to 0, Jose Aguila and Andrew Youngross stepped down), a Class III site plan modification associated with the conversion of a 4,369 sq. ft. retail/restaurant building to accommodate supporting office uses for the Wayside House, located on the west side of NE 6th Avenue, south of NE 4th Street. Historic Preservation Board -Meeting of August 1, 2007 1. Approved (7 to 0), a Class II site plan modification and a request for a Certificate of Appropriateness associated with exterior alteration to a non-contributing multi-family structure and additional site improvements for the property located at 133 NW 5th Avenue (east side of NW 5th Avenue, between NW 1St Street and NW 2"d Street). 2. Approved (6 to 1, Linda Lake dissenting), a request for a Certificate of Appropriateness to allow the installation of accordion shutters on a contributing structure located at 242 North Swinton Avenue (west side of North Swinton Avenue, south of NW 3`d Street. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 2 HPB A. KENTUCKY FR1ED CHICKEN B. SANDERSON BUILDING (636 E C. SHORE BEACH CLUB D. HAMLET COUNTRY CLUB E. SEA FIELDS CLUB F. WAYSIDE HOUSE HPB 9. 933 NW 5TH AVE. ATLANTIC AVE.) 2. 242 N. SWINTON AVENUE _, _ _ ,_ cinuMirs .,,_ ,_, _ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT aucusrzooT - -DIGITAL BASE MAP SYSTEM- - MAP REF: CITY OF DELRAY BEACH, FLORIDA MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, PURCHASING THROUGH: CITY MANAGE DATE: AIGUST O1, 2007 SUBJECT: CITY HALL TENT FUMIGATION AUG ITEM BEFORE COMMISSION City Commission is requested to approve a tent fumigation of City Hall for the eradication of termite infestation in the amount of $19,975.00 per proposal dated 06/18/2007 from Orkin Pest Control. BACKGROUND Evidence of active infestation of termites has been sighted by employees in many areas of City Hall, including swarming termites in the City's Manager office. Inspection of City Hall confirmed that there was visible damage through-out from termites with active drywood termites sighted. The target date for the fumigation of City Hall is September 01, 2007 with completion on September 03, 2007. Proposals: Orkin Pest Control $19,975.00 Terminix $24,000.00 Nozzle Nolen, Inc. $27,500.00 Orkin Pest Control will conduct the whole-structure fumigating with Vikane gas fumigant and follow a proven process that has been used successfully to ensure all termites are eliminated. FUNDING SOURCE Account Code: #001-1802-512-34.20 General Fund Pest Control Services RECOMMENDATION Staff recommends a tent fumigation of City Hall for the eradication of termite infestation by Orkin Pest Control for a total cost of $19,975.00 per proposal dated 06/18/2007. \~~~ 6 . ~^~~b~ ;,`~, ~,.:--~ ~~. TN)S AGREEMENT PROV}DES FOR RETREATMENT OF THE jNFESTED AREA OF THE COVERED STRUCTURE(S) ERANCH OFFICE COPY OES NO PROVIDE OR T'HE REPAfR OF DAMAGE CAUSED BY DRYWOODUTERM TIES. BUT TH}S AGREEMENT (1 'I Q~i t'1 ~ ~ "~. Orkjn Pest Control GRID #1 E-~ COMMERCIAL ~- -' ~ S-YEAR DRYWOOD TERMITE RE:TREATMENT FUMIGATION AGREEMENT. (Does Not Cover Subterranean or Formosan Termites) THIS AGREEMENT IS CONTINGENT UPON THE APPROVAL AND SIGNATURE OF THE ORKIN BRANCH MANAGER, WHO HA SO AUTHORITY TO EXECUTE IT ON BEHALF OF ORK{N. Cuatomsr Oate ~ BIII'sng Neme ('rf dtlferent} ,~f ~~tt -- (f~t3 ~,,~ ~ ~v~ Street Address rYest~d Premises} ~ i i ^~ ~ y Bllling Address (if drfferent} ~p Code city State lap Code __ ~ ~ ~... `T3~~ Service Bllling Phone Business BiAing Phone County Name ~~ ~'r^ ~~'~~a" ~ Is this within the City Limits? „Yea ^ No Structure to be treated L.- I ~ ~ ax METHOD OF PAYMENT: ^ FINANCED • See Separate Finance Agreement ^ CASH • BALANCE OUE UPON COMPLETION OF WORK DOWN PAYMENT MADE BY: ^ CHECK tl ^ CASH ^ CREDIT CARD TYPE ExP. DATE AGC.OUN7 MIAtaER t. Service Purchased: ~ T 7 -~ a. initial Treatment Cost ........................................... $ b. Minus Adjustments ..:.......................................... ($ G% } c. Additional Renewalfor Years ...... $ fa .~7~,a Subtotal (sum a - b + c) ........... ............:........................... $ 2.Other Items: a. Sales Taxes ..,.........~~~Y....> ~c:,n,~~:l....,.,... $_ ~J b. Other Fees ................:..................................... t/ Subtota! (sum a + b) ............................................................. $ 3. TOTAL: Cash Price (sum 1 + 2} .....:................................................. $ 4. LESS: Cash Down Payment ............................................................ ($ } 5. Unpaid Balance of Cash Price (3 minus 4) ....................................... $ Orkin shall fumigate and treat Customer's structure for Drywootl f~rmites using the treatment specified in the Treatment Report. Custtxner shalt receive the fdlowing Service after the original treatment is performed. LIfdITED 5-YEAR RENEWA9IE DRYWOOD TERMITE AETREATMENf SERVICE ("Service") {CO): Orkin will retreaf.the stricture far any live relnfastafion of Drywood termites at no cost to Customer dudng the Service period if an infestation of Drywocd termites }s found and aA payments Including annual renewal payments are current, The Service will expire one {t}year from the date of the originat treatment, unless it is timely renewed by the Customer. The Service may be renewed from year to year for a period which shalt not exceed five (5) years from the date of the original treatment. This Service does not cover any damage to the structure or contents. Customer agreess to maintain the treated structure free from any condition corducive to termite infestation including mdsture, root teaks, improper ventilation or faulty piumhing. Customer agrees to repair roof 4eaks and other structural leeks, to eliminate organic matter, and to caulk, paint and screen the structure as needed io prevent Drywood termite infestation. The existence of any of these conditions or the failure by the Customer to make the repairs or to take the actions set out above shall void the retreatment Service. In the event the structure is structurally modified or altered, the retreatment Service is void. ORKIN IS PERFORMING A SERVICE AND EXPRESSLY DISCLAIMS ANY GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED FOR ANY INJURY OR DAMAGE RELATED TO THE SERVICE PERFORMED. CUSTOMER EXPRESSLY RELEASES ORKFN FROM ANY CLAIMS FOR TERMfTE DAMAGE OR REPAIR. Orkin assumes no responsibility for roof damage or shrub damage that occurs during the fumigation procedure unless caused by the sole negligence of Orkin. Orkin is rat responsible for vandalism, theft or breaking and entering and any resulting personal or property damage during the fumigation and aeration procedure. CUSTOMER'S OSLIGATIONS TO MAINTAIN RETREATMENT SERVICE: Customer agrees to maintain caulking, painting and screening of the treated structure as needed to prevent Drywood termite infestation. Customer agrees to maintain the treated structure free from the condudva conditions and m accordance with the terms of the paragraph above. Customer is required to identify and correct, at Customer's expense, all conducive conditions identified at the structure occurring after the execution of this Agreement. This responsibility rests exclusively with Customer, not with Orkin. Failure fo honor the requirements to maintain the structure or to allow Orkin access for inspections or treatments, as appropriate, will void the Service. Customer expressly waives and releases Orkin from any liabiEity for any claim or damages to the structure or contents, including treatment or ratreatment, caused by an infestation of Wood Destroying fungi, 3uhterranean Termites, Formosan Termites, Boring Beatles, or any other Wood Destroying Insects. Customer also waives and releases Otttin from liability for any claim or inJuries, damages, or lossas~whaiever nature or type related to mold or fungal growth. RENEWAL: Customer shell pay an annual renewal fee of $~~~~. .The annual renewal wit! not increase for three (3) years after initial treauneni. Thereafter, Or1dn shall have the right to increase the annual renewal fee ea r en amount not to exceed tan percent (t0%). REINSPECTiON: Orkin shall reinspect the treated structure as deemed necessary by Orkin or requested by Customer. Annual inspection wits be made by Orkin 'tf required by applicable Stara law or regulations. MED1AT10N/ARBITAATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE SERVICES PERFORMED BY ORKIN UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFOP.E OR AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THES AGREEMENT, INCLUDING BU7 NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE. THE ARBITRATION SHALL BE ADMINISTERED UNDER TTiE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA°) AND SHALL BE CONDUCTED BY AAA. IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA COMMERCIAL ARBITRATION RULES. THE CUSTOMER AND ORKIN AGREE THAT THE ARBITRATOR SHALL FOLLOW THE LAW, INCLUDING THE 7ERAAS AND CONDITIONS OF THIS AGREEMENT. THE ARBITRATOR'S POWERS TO CONDUCT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER AN`f OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES, AND Will NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR flEPRESENTATIVE ACTION. THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT HAVING JURISDICTYON THEREOF. CUSTOMER AND ORKIN ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVtSiON IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND ORKiN EACH AGREES TO TRY IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4} HOURS OF MEDIATION ADMINISTERED UNDER THE AAA COMMERCIAL MEDIATION RULES WITH ORKIN AGREEING TO PAY THE COSTS OF THE MEDIATION. THE AAA MAY BE CONTACTED AT THE TOLL-FREE NUMBER 800.778.7879, OR THROUGH THE FOLLOWING WEBSiTE: http:/lwww.adr.org. LfMITATlON OF LIABILITY: Customer adcnowiedges that Orkin is peAorming a service end waives any claims for personal or property damages related to the service Orkin performs, except for any damage to the stnaclure caused by Orkin in the performance of its services. Customer agrees that Orkin 8hatl not be responsible for any damage to the premises white treating the structure, inducting any damage to shrubs, trees or plants. When performing the treatment, rt may be necessary for Customer to remove floor covenngs, floors, excavate crawl spaces and provide access to wafts, ceilings or floors. Customer shelf be responsible for the cost of dismantling and reconstructing any item that is required to provide adequate access tot treatment. Customer expressly waives any claim in any lawsuit, arbitration or legal proceeding against Orkin for breach of Agreement, negligence, other tart, or violation of any statute, rule or regulation, for koss of use, diminution of value, business interruption, economic, compensatory, or inddental or consequential damages of any kind, or any exemplary, irebfe, liquidated or any type of punitive damages. Customer agrees that under no ciroumstances shall Orkin be liable for any amount greater than the amount paid by the Customer to Orkin for the termite service to be performed. 1 HAVE READ THE FRONT AND BACK OF THIS AGREEMENT AND AGREE TO ITS TERMS. ~~ ~~~ c~vc;~_ 1 ~ui/ ~~ ~ ~ in ~ ~ ~-r Inspector Name (PAINT') Employee ID tf or Ce Ion Y Branch Street Atldross ~^~ ~ ~~~~~~ -r•' l Branch Talepiane Numder Ctty State Zip Code THIS AGREEMENT IS NOT VALID UNTIL APPROVED BY THE BRANCH MANAGER Branch Manager's Signature Date _____ Customer's Signature - _ _ Dots 218637 REV.S/2Q04 ~ fSr~~.l. ~~<<_~~Py ~ I4o96 _ ~, - . -. t_IMITE~-ASSIG~tAi3lLET']~: This Agreement is assignable as a. retreat snty Agreeme^t tc the new owner of the properly under the 3ollowing conditions: {a) the new owner presents the Orkin branch o?`ice written notice requesting that the Agreement 6e assigned; (b) Orkin conducts an :inspection of the- property; th4 rg~;}ts of which are satisfactory to Orkin; {c) Orkin consents in writing tc the assignment of the Agreement; and {d) the new oavner pays 2 transfer fee. Cl1EMICAL !NFORMATt(3N WARNING: Customer shall notify aB parsons orr t~,e remises that Orkia will be appl~ring pesticides or termiti:;ides in and around the premises; and tr' ' virt,;al y all p~s~cd~es and teCr~?i:icldes have some odor ' wh;c`, n: v h or~sent *.cr sh~,:-t time af'er appiicatran 'f Cr.~to-r,~r'~n~s r.+ any+persor on n~ prem~~es ~=ri~r~ boiiEVes - ti]ey ^F:'dP. u oEn.S~TlVlty t0 NE:>trC.deS Cf terrt~~IICldeS or :vrl0 lc .. ...m,~>u~„ai COr2E~Eitl,,l~+dTf°CiEG I;~y r,BSfIC'id2s or tern !tiCldES, then C::stcmer sh1.'. so net fy Orkin In writing. At Cu~t~r;ier's ~~aast ~ ~i%, w:il~provide infon~~atior,•-~bautthE cF'~n?icais to be uses! in theatinct the ;~re°nises. ~ F E^JT?RE AC~I?eENIEFJ"': T^is Agr„e~'^ant-and .` : a'Tuched ~ rE~r:;, rtt.r~.~~ur+ _~ II t _ r ~~`er~i e i=~greerr:e~•t oe ti~~e~;~, CLISiCIi<" df "a Cirk ~.. ,1~ C. hv'•"3gr2P.'T?enf5, ul :~~,-.i ~h ~„g 0 ._?'ec.;~'ation~ .;i"eti;2, .YrItIER~b( Oral, Witf] BS~JeCt . ;;'~,e - - A.~f9"'!-~]^~ t ?'i ~., iiini_'i:..~ a3 T''ey Slali _„ r.'ie',.~2d intG u'. ~ ._ ~9EUC'G`i~ .^iS +~r$BmF,n+. C4Sti.. ~., ir8" art`s c;~.:,{... - -.. aCk']O''Ji='rr,-, ~ ~Y'1 ~US:J"?2r ilaS r ;it ''~'.°C1 C'] ._t _,8pr ~ ,_„t~pr~. h~~ ~y O?hP.rr°En'ie!ttS;"`UnderSt3h0 nos f7C-. - .. ~,~ - ~~ vreaB...a ~ .l '~'"- I+iU:~ Or ' ~~ ~:-:g. }, iS Ayreer +~h= .. ~ 2t li~~y~E'r_±^~or ~iatE~~,lcit~n t"?a/ YlOtt)e .. ~ ~ ... i . ~ a ] ...i E3ra G, .-. [-5 .ti ~TteTS lal,~ ...~}~ .2inR any _,~; ,ed-, . ~ .' ~ - ~~ ~fflcer 01 ~ "u~l ._ ~ilP<r 2. r~~,lfhj 28t' ,. ~~r rzgcr',+,~ , ^` ~:~~ ,~vc ar..t7csr;ty.fD i~. any ; ~,,,c. ~ ~ --par? c,, the E y...~;~ .... ..._. t„~~°.i~'€~n ar F-_. m ircCeuf, of this- ;4green~~;+r ,= f,.~+r,c tci?;r , „ra,id~r •iri~r~fikuta+~+e; rt cl~ail not n,'Ea,~. ,.<.. .,-+t ..ail t5 _ o+rrsr ~ .. ,* tfi;;. ro„~~ !,.~, ~ a ,. g - ~ ~;rTrlincr ~ri~.- Au earn-r ~ t I p„ r: tkTaf as to~tn . o~ra raphon Mi=f3l~kii0~1~A~BiT~, :f!ON i~the sEnt .nrP arr,c arl itra..~l f _„r] co+ ~ +;, ~r a;i]Ttlarl;~n arc ca~~_g as a class, *eprAs~nt~tive TrC~y pa.ag, ~r,l, ~ ene~ I ~C~~n ~ `olln~ , , ,,, to bE invalid or une,.f_;.,~_'.,'e,#t~cr, the enTiret of the NIEDIA7lC`^/A°d:.T..~. t' h p ... _, ;o t1c _ , deleteri firorx~ iiiis Ayreeri-~ent• ~~ - :• .., . , ,. FORCE MA.iEuRE (C[rctrEristanaes ~ey~nd Cirtcin's : cantra7); Orkir's uviiyations under this ;~greems'ni snail tie ` cancelled if Orkih cannot perforh its respons+bilities due to Acts of Gods inrt ~+~n a;'earihquakes, storms, Tres; flnods, `or ' ' ' ` because of a ma'eral ctiang2 Ih c,currstances including 5~t not limited tc acts o` ~~rar, strikes,. unavailability of fermiticde, ; ., bats.nr other §>appiies fr?m ordinary sources. ~ ~ . ~. TERMINATION 8Y ORKIN: Orkin may terminate this Agreement; without noticE; It the obligations set. forth in this Agreemenfare hot met by Customer, orin the event:of a change in state or federal 4a~rr ur rag~lation that materialiyaffects _,. ,.. Orkin's obligations under this Agreement. ,, _ r _ -. _~ ~:. ... ,. ~` .. n Tsr. Sri' C1'{...f, ?'1.'1"Z.1 (' t=ar rti'F ~'~+a Y3 }v ~.:ru "~'.'°'3.;Es LR 4_yFE'S ~ 7`r''~r'T F, Af F:.'1 AC~i;'~;: Td't .,t.~~ _..~. 1:I,hn;.. .. a _. _, o ~ PEST CONTROL World's Best CUSTOMER'S 6R AGENTS NAME TREATING ADDRESS __ I L TREATME++NT REPORT 4 /' ~ ll 1 ~ r~ / ~L1~ ~ V'~ ~ i~ ~ 4A, l { DATE INSPECTED ~~~ ~/i? _ CITY ~~~ j'"".~..~ C_,~"t .STATE Y ~ ZiP HOME PHONE BUSINESS PHONE ~~.;3` 73J~ INSPECTED BY ~J ~ t TREATMENT SCHEDULE GATE DATE OF SCHEDULED COMPLEtibN ~A c ~d"TI7 ^ (y+ ~ P~J GRAPH KEY: Key indk:aietl general area antl ks not precise. Insect evidence and conaftions may he widespread ENCE FUMIGATION ONLY MoisL~re Readings % ~ A Active Ini~~. Siding Type .S~ L C rD Q Vem Lest Frorrt Other ( X VislWe Damage Roof Type ~arft ~~ C ~ ® Vent Needetl Right Front _ T _Subterrenean Termies Fare Height ~ ~ ~ Lett Rear DT tyvuood Termites Peak Heighi ~, i _~ r ~ lin. tt Rigfit Rear W woo ores Cuoic Feat Center Front IMPORTANT: If visible evidence of active or previous infestation ar damage is noted by the inspector during the inspection of your property, it should be evaluated by a licensed building contractor of customer's choice for damage, BECAUSE IT ES HIGHLY PROBABLE CUSTOMER COULD HAVE HIDDEN DAMAGE IN THE STRUCTURE. ORiCIN !S NOT RESPONSIBLE FOR PRE-EXISTING DAMAGE. This Treatment Report is based on visible evidence of readily accessitsls areas and does not make any attempt to reveal damage which may ba present. No attempt to remove insulation, carpeting, paneling, etc. to search for hidden damage was made. IF VISIBLE EVIDENCE OF ACTIVE OR PREVIOUS INFESTATION IS REPORTED, IT SHOULD BE ASSUMED THAT SOME DEGREE OF DAMAGE !S PRESENT. Placement of the Bak Stations is for the InitiaE Service and may change during future monitoring services (if applicable}. This Treatment Report may be updated at me time of treatment or reinspection. si t o~ REV. zroz Page 1 of 3 Smith, Douglas From: Gilbert, Clayton Sent: Friday, July 27, 200710:34 AM To: 'Branch 268 Delray Beach {Residential)' Cc: Barcinski, Robert; Nadai, Patsy; Schmitr, James; Ruby, Susan; Smith, Douglas Subject: RE: Delray Beach City Ha11 Thank you. From: Branch 268 Delray Beach (Residential) {mailto:Branch268@rollins.oom] Sent: Friday, July 27, 2007 10:09 AM To: Gilbert, Dayton Subject: RE: Defray Beach City Hall Mr. Gilbert . as per our discussion, if drywood termites return to the building after we fumigate it, it will take 3 to 5 years for the colony to show any visible signs of infestation. If the fumigation does not work you will know that the building will require another treatment within the year which will be covered under the terms of the agreement. New signs will reoccur within a year by the swarming activity if they are not killed by the fumigation. Sincerely, Ken From: Gilbert, Clayton [mailto:Gilbert:@ci.delray-beach.fl~usj Sent: Fri 7/27/2007 9:57 AM To: Branch 268 Delray Beach (Residential) Subject: FW: Delray Beach City Hatl Ken, I realize that they may come back in the future, what is the minimum time frame guaranteed that they won't be back? From: Ruby, Susan Sent: Tuesday, July 24, 2007 11:50 AM To: Gilbert, Dayton Subject: RE: Delray Beach City Hall The question is are dry termites wood destroying pests? If yes then the language in red waives future claims of damage by dry wood termites. Susan .~. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 8/1/2007 Page 2 of 3 facsimile: 561-278-4755 email: ruby@ci.delray-beach.fl.us From: Gilbert, Clayton Sent: Tuesday, July 24, 2007 11:39 AM To: Ruby, Susan Cc: Schmitz, James; Barcinski, Robert; Smith, Douglas; Hasko, Richard; Nadal, Patsy Subject: FW: Delray Beach City Hall Please see the following a-mail correspondence. Thank you, Clayton A. Gilbert From: Branch 268 Delray Beach (Residential) [mailto:Branch268@rotlins.rnm] Sent: Tuesday, July 24, 2007 9:59 AM To: Gilbert, Clayton Subject: RE: Delray Beach City Hall Hi, I did not find any other wood destroying pests other than the drywood termites. Thanks Ken From: Gilbert, Clayton [mailto:Gilbert@ci.delray-beach.fl.us] Sent: Mon 7/23/2007 11:11 AM To: Branch 268 Delray Beach (Residential) Cc: Schmitz, James; Barcinski, Robert; Ruby, Susan Subject: FW: Delray Beach City Mall Ken, in your inspection of the building did you find any evidence of any other type of wood destroying pest? From: Ruby, Susan Seat: Monday, July 23, 2007 8:56 AM To: Gilbert, Clayton; Barcinski, Robert Cc: Smith, Douglas; Schmitz, James; Nadal, Patsy; Schmitz, James Subject: RE: Delray Beach City Hall Please, see language of concern highlighted in red below. Susan .~1. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-4755 email: ruby@ci.delray-beach.fl.us 8/1/2007 Page 3 of 3 Prom: Gilbert, Clayton Sent: Monday, July 23, 2007 6:28 AM To: Barcinski, Robert Cc: Smith, Douglas; Ruby, Susan; Schmitz, James; Nadal, Patsy; Schmitz, James Subject: FW: Delray Beach City Hall Please see the following; hopefully it will clarify any concerns. Prom: Branch 268 Defray Beach (Residential) [maiRo:Branch268@rollins.oom] Sent: Friday, July 20, 2007 3:57 PM To: Gilbert, Clayton Subject: RE: Delray Beach City Hall Mr. Gilbert- In response to the liability and mediation portion of our agreement, this cannot be changed except by our legal department. The concern over "waiver of any claims regarding the need for retreatment..." does not include the insect we are treating for. We are treating for Drywood Termites. This waiver is for Wood destroying fungi,subterranean termites,formosan termites, boring beetles , or any other wood destroying insects. Under the section of Limited ~-year renewable Drywood Termite Retreatment service it clearly says Orkin will retreat the structure for any live reinfestations of Drywood Termites at no cost to customer ..... We will do the work on Labor day weekend as discussed unless any unforseen natural events occur. I have submitted a preparation sheet which I believe you have. The agreement can be terminated by you by not paying the annual renewal.0ur license is under the state of Florida and therefore our services in this state are governed by the state. It is standard in our industry that the fumigating company cannot be liable for shrubs et al due to the nature of our work and the uncertainty as to how different plants will react to the fumigant. If you. have any other concerns please feel free to contact me either by e-mail or phone, 278-2815. Thank you for your time .Sincerely ,Ken Huber. From: Gilbert, Clayton [mailto:Gilbert@ci.delray-beach.fl.us] Sent: Fri 7/20/2007 3:12 PM To: Branch 268 Delray Beach (Residential) Subject: Delray Beach City Hall Ken -below are some concems/comments that the City Attorney had in regards to the contract and attachments; please review, comment and clarify. Thank you, Clayton A. Gilbert I have reviewed the attachment .They have limited any liability to the amount of the contract. Further they require mediation and arbitration. They have also included a waiver of any claims regarding the need for re-treatment essentially because it includes other wood destroying insects which appears to include the type of termites they are trying to destroy. This appears contrary to the 5 year warranty. The agreement does not spell out when they will do it or what materials must be removed or sealed in order for them to proceed. It only lets Orkin terminate the contract-not us. It does not specify that the laws of Florida apply.---These are just some of the deficiency's... They are not liable for damage they cause to shrubs et al. This is not normally a contract that we would recommend but assume this kind of no remedy agreement is fairly standard in the industry. Thus if we proceed we must know that we are taking a $19,000 risk with no assurances. 8/1/2007 ... ~ouw~a ... ._ ~_ ~ .._ _.-, / _, . DOWN PAYMi?Trf Amount urnce Nuntbcr RECEIVED AT f.OMPLETrON Anrounl rlCposit iJurnbcr Acwunt Number 3 [3rywood Termite Protection Plan THIS CONTRACT PROVIDES FOR RETREATMENT OF A STRUCTURE AND THE REPAIR OF DAMAGES CAUSED I3Y DRYWOOD TERMITES ONLY WITHIN THE LIMITS STATED IN THIS CONTRACT. Purchaser e ~ ~~ I Home Phone Work Phone _~ `~'3J ~~~ s~ ~ ~ Sw t.a Y"8-~ ~ ~~ City #~'t~ l ~-~ State ~-- Zip Code ~ ~'~ Mailing Address pp Property Address C I~b h,,P ~ ~ ~'r~ ~- __` City ~~--~ ~~ State ~_ Zip Code ~____`~'~,,~ Description of Structure{s) Covered E-Mail Address: e30 Effective with the date of initial treatment and for one year thereafter, for the sum of $ TSf)D-~ , Terrminix will provide fumigation and/or other service{s) to the identified property to control or protect against drywood termites (Kaloterntes spp., Incisitermes spp., Cryptotermes spp.}.'T'his plan does not protect against any other wood destroying pests or organisms, including but not limited to fotmosan feiTnites (Coptotermes spp.), suhterranean termites (Reticlcliterrnes spp., Heteroterrnes spp.}, dampwood termites, nor beetles, carpenter ants, or fungi. ~ . Terminix will extend service annually to the Purchaser for so long as he or she may own the property for $ ~-`-'~~"a '"" per year payable on ar before the end of the previous annual period. After tfie third annual period and each annual period thereafter, Terminix reserves the right to revise die annual extension charge. During the term of this Plan, any further treatment found necessary by Terminix for drywood termites will he performed free of charge. Terminix will reinspect the identified property for drywood termites at any time the Pwchaser requests it or if Terminix believes it necessary. This Plan provides protection against new drywood termite damage to the structure only. if new damage occurs during the term of this Agreement, Terminix will., upon notification, inspect and arrange for the necessary repairs or replacement by a cot}traci:or chosen by Terminix and pay the entire cost of labor and materials. New damage is defined as damage done by drywood termites subseyuent to the date of this Agreement; the definition excludes damage existing at the effective date. Llnless live termites are found in the damaged area, the damage discovered is old damage and is not covered under dais Plan. Repairs for new damage to commercial structures {including but not limited to multi-unit residential apartments, town houses and condominiums) are limited in the aggregate to $3t"IU,Q6a, during the term of this Plan. . PURCHASER UNDERSTANDING OF PAXMENT OPTIONS FOR NON-COMMERCIAL CLISTOMERS Purchaser understands Tetmittix's available and approved payment options for non-commercial. customers, and indicates, by Purchaser's Initials below, which payment option is preferred: SUMMARY OF CHARGES ANU PAYMENTS a}• x~ Initial cash, check or credit card down-payment of $ will be due upon acceptance :Sy."~-~~ ''" ~~ ~t::. 1. SERVICE(S) PUTitCl-IASED of this agreement by Terminix, and [] l2 ar 0 i A monthly 'snsrailments of $ writ I understand that these installments are subject tallment Contract il l d R A. initial 'IYeatment or lnstallntion h ~ ~~~ '~~ . eta ns on a be paid sa indicate znd First Year's Service......... to a Finance Charge and that if I select this option, I wiII be requittd W sign a Retail Ittstalltttent Contract. J further understand that this option is only available subject to credit approval and that 13 • Additional Annue] Renewals the Finance Charge and other terms and conditions not set Eorth herein will be contained in the ~ yr. (limit 2) s Q $ _ Retail Installment Contract. Subtotal (Sum A + B) . ............. _ ;, Initial 20To down-payment of $ by cash, check or credit cazd wiA be duo upon 2. TAX ........................................ _ acceptance of this agreement by Terminix, with the remaining i~alance to be paid upon completion 3. TOTAL (i + 2) ............... . ................ - of the initial treatment or installation. 4. LESS $ DOWN PAYMENT ..... - One-rime cash, check or credit card payment will he paid upon acc~ptancc of this agreement by 'I2rtrrinix 5. LESS AMOUNT TO BE PAID PER RETAIL INSTALLMENT COI\"rRACT ....... - One-limo credit card payment will be paid upon rnmpletion of the initial treatment or installation. BALANCE TO BE PAID TO TERMINIX 6 By sighing the Card Holdu Signature tine in the Sutttmary of Charges and Payments box, 1, the . Card Holder, am authorizing Terminix to process this otte-tithe credit card payment upon the AT COMPLETION (Su;tt 3 - 4 - 5} ................ completion of tht initial treatmeait or installation without furdtes signature or authorization from toe. gAt-A1vCE TD HE PAIL) EY taKdc o~rt: ~ Cash ~ Ckrnt (] r4oncy Onto i J Crceit Card (TECHNICIAN CODE: CNFi REP UNA ) Credit Card ~ Exp. Date Cardholder Sigttature r„ sr.P e....„, of aAA:r;...+o ~. NtfPror;nnc rr. }rlP. 1r1Pn}1f1P.(1 nrnrrrrtv Purchaser mnct give prior notice and arrange with Terminix for additiona3 service at the P16/29I2007 06:14 PAGE 62 '..i ':~ f i~ rt.{.. NQZZLE NOLEN, lNC. 5400 9ROApWAY WEST PALM BEACH, FLORIpR 33407 •561-8443544 WDDD DE$TRaYTNG [~DGAN~SM AGREEIViENT RESIDENTIAL: D COMMERCIAL: ~, r (a~..~ (~.~,81a.~ NAME I ~a'r SERVICE ADDRESS- . -~~A ~----~'c.~ ~~u o~ RATE: p ~._-~ s BiLLTO NAME H}LLTO ADDRESS TATS wo Irulicate the number of buildings included under this Ageemet'rt: Lttxar Ft: Cubic Ft:~-.N..~L._ NOZZLE NOLEN, INC. is hereby suthotyzed to treat the pretntses described above for the co}ltxol of_ ~RYWOOD TERMITES a SPOT TREATMEI~IT -Location: a soa TREATIvIENT (Pre-Treatmalt> G SUBTERRANEAN TERMITES: O CURATIVE O PRECAUTIONARY ^ Exclude Formosans (Optotermes SPP•) O SUBTERRANEAN TERMITES BAITING SYSTEM: ^ CURATIVE ^ PRECAUTIONARY (SepAddertdumArtached) Q OTHER: METHOD OF PAYMENT: II CASH O CRI:.DTI CARD ^ BUDGET PLAN {See budget Ptan Adde,:dum) CASH: O to be paid with contract ^ to be paid in 30 days ^ paid upon completion CREDIT CARD: Credit Card Number F.xgiration Date: Initial Treatment ............. . . $ r~7t ~~d Other Fees ....................... $ Tax(Cornsnorcial) .............. $ I •78'~'~ TOtalPrice ...................... $ Less Downpayment ........... - Unpaid Balance DUa Upon completion , ......... $ 2°I i ?~'~' Sa 9LI~:C'T® P~1'SC'!'IOPI PROGRAM ~,~[,YIIrIITED PROTECTION PROGRAM Retneatntent only. D CU11H'i.ETE PROTECTION PROGRAM Includes repair and tetteaauent. D SINGLE TREATMENT PLAN - No Guarantee taamatees ere sab/rer ro tTrs Gertt-e! Tenas aMa! C'ondJdons ox Reaerst Side. BUYER'S RIGHT TO CANCEL: YOU ARE ENTIII,ED TO API EXACT COPY OF THIS AGREEMENT. YOU, THE BUYER MAX CANCEL THIS AGREE- MENT, IN WRITING, AT ANYTIME PRIOR TO MIDNIGIi'T OF THE Ti:IIItD BUSINTSS DAY AFTER THE DATE OP THIS AGREEMENT UNLESS NOZZLE NOLI:N, INC. HAS COMMENCED SERVICES PURSUANT' TO THIS AGREEMENT - T'FII5 AGREEMENT DOES NOT ADDRESS I~ALTH IMPLICATION OI2 A[It QUALITY - ItEMARKS: Location adNodee of'IYartment ,ACCEPTED BY: Hl71fER ORBIJYER'S AGFI~r!' OP NOZZLE tiOLFSi, INC. t. PROTECTION PROGRAMS: The type of Guarantor checked above wlA tppty neon cotnpktloa of initla3 treattaeat and paytncat in fell. The COMPLETE PROTECTION PROGRAM and LIMITED PROTECTION PROGRAM are deTiecd in detail and are subject to the General 77erpts and CoQdit)onut an tie reverse slde of this Apreemeat IN SUMMARY, THE COMPLETE PROTECTION PROGRAM PROVIDES FOR ANX RETREATMENT NECESSARY AS WELL AS REPAIR OF NEW DAMAGE TO THE STRUCTURE AND CONTENTS, AT NO ADDTTIONAI. COST TO THE OWNER. THE LIMITED PT;OTT?C'ITON PROGRAM PROV[I)ES FOR ANY RETRRATMENT AT NO ADDITIONAL COST TO THE OWNER, 2. CONTINUOUS PROTECTION (SINGLE TREA'T'MENT PLAN NOT SUBJECT TO CONTINUOUS PROTECT[O'•7 The initial tteatmeat is guaraerteed for a paiad of one ytntr elTectiva , 20 and may be renewed each Year .for oae (I} additiatsal yens at the anmtal rate of $, 4 12'S 3. TRANSFER OF O WNERSHIP AND STRUCrURAI. CIfYAIYGES This Ayrament and Protection Pro¢ram is tnutsfaabie to rtew owners. Any alterations to additions to the structure must be reported to NOZZLE NOLEN, INC. in advance sa that we may make necaasary treutmorrts to insure proper contro3 (Snbterraoean Termites Oaly). 4. ALLERGIES AND 5ENSTIIVIfiE5 If yarf, or any occupatrts, are prone to allergic reactions or sensitivities to dust, police, odozs, etc., or suffer from any respiratory illnesses, you should eonsu}t your physioinn before any service is performed on your property. NN-032 (revised 8122106) AGENDA ITEM NUMBER: ~• I V • AGENDA REQUEST Request to be placed on: ~~ 2007 XX Consent Agenda Special Agenda Date: Jyijr 12, 2007 Workshop Agenda Description of agenda item: City Commission is requested to approve a tent fumigation of City Hall for the eradication of termite infestation in the amount of $19,975.00 per proposal dated 06/18/2007 from Orkin Pest Control. ORDINANCElRESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Staff recommends a tent fumigation of City Hall for the eradication of termite infestation Ortcin Pest Control for a total cost of $19,975.00 per proposal dated 06/18/2007. Funding from account code: #001-1802-512-34.20 General Fund Pest Control Services ~i~ Department Head Signature: ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: {if applicable) Account Number: pOl -/;~l~Z r ~~~ ' 3c~ ~v Account Description: ~-S~ ~~, ~~J/ ~ `~ 5 Account Balance: ~Z~ ~ 7lp `y ~ ~C ~ ~-~ ~i~~ -o City Manager Review: Approved for agenda No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved Joseph L. Schroeder Chief of Police Delray Beach DEiRAYBEACH Police I)epal rtment ~~~.A 30Q West Atlantic Avenue ~' f Delray Beach. Florida 33444-3695 (561) 243-7888 Fax {561 } 243-7816 >~,~,i MEMORANDUM 'TO: MA't'OR AND CITY COMMISSEC)NERS t=RC)M: SFEARON ~,'HERROt'. ADM]NCSTRATEVE OFFEC:'ER ~~~ "fHRO[ 1GEI: C.'ITY MA'~AGF: DATE: SUBJ 1~~.C''I': [TEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) requests approval far the purchase of seven (7) replacement laptaps used by the field officers for connection to Dispatch, conducting criminal checks, and a~mmunicating with the Department while in the field. This replacement has been approved in this year's C'IP budget and tollcaws the established schedule for equipment. upgradesi retiring of outdated equipment. Prices were obtained from three vendors, with CDVw'-Government otTering the lowest price, at a total of $29,995. BACKGROUND These seven (7) laptops were purchased in 2002 and are scheduled to be replaced. Replacement of laptops: (7) Panasonic TB 30 C'L2400 computers, with CDRW internal drive. 3 year warranty, and 1 GB extra memvr~• CDVJ-( $29,995.00 APS $31,097.50 Buy`fough.Com $40.SE;0.00 FUNDING SOURCE Funds in the amount of $29,995 will ec7me firam the Police Department's CEP budget account #334- 211 1-521-64.11. RECOMMENDATION The Police Department recommends approval of the CDW`-G quote. .Servink with P.R.LD.E. Pr~~fessior~afism. Respect, Irrte,~rit_y, !)iversity a-tcl Excellence REPLACEMENT OF LAPTOP COMPUTERS CIP BUDGET L'Herrou, Sharon From: mlkezor@cdwg.com Sent: Friday. August 03, 2007 11:30 AM To: L'Herrou, Sharon Subject: CDW-G Quote GWW0300 "'nanF:s! MARL,C) Dn?: ,. ,'.zc? + . Qt:Ore Gat -.. '~ ~/~'~. QUC,>CE' i'~I1:(IY.~E'r~: CiC'1?M1 )~hi '1 Paymen_ a..._ . Re1u~s' 7'er;*.s Sh,K>ped V:a. r" `:e c~rr~ --._... .-_ ,?AY S'J%' .. E'~' ~::..... i ~ ..., ,. ~., ~~ .3E'~ •~- "' a~_"F cXT pRi`.'. _; S~.;F Af~ .:~ '.;'f... :":>. ... ,_ ~.t''r' ',,~'c.CJ 26~32.~r Y;~ '~ F'F+~r,. ,.h.. i ',SV~~ 1?.~~Ji_ `!M Fv'.:'K)uT ~F'J~,; _:~t.f~ i~3%. i'"dA -.'~k <~"'. "ter: ~~: _ . a ~'Pd'3~z ..SA ~, .,~% '_,~ (~ ..i'~; i ~iy pr.•.p~ i .?~,`~~.K . K Iti~, i''rS!:i?~ t~r,~F. tiR rt'~.'. ~'3~.`~:i I ~, ~r. ~:._. "d~ .3A ._- - ._ 't. ~.`+F:, ~uW _~,~ n._._ f`_~y~u., , C~,+W.. E .,_ 2.~';J ~64.~0 :~:'.' . .... 'F`1 :: O .. ~:r~vh;.~ ~ ~, ~_ ,., ~~~1:: ~.......-: Stsbtotai ._~, ,j"`.. ~~ E'reight ~ . `.-"d'ieS Tay; .., CITY JF .:'c: i i'i5 ~.. `? ~r~:.i' . inki_ I'rt;NGT Iti:. ,~. , .."~c 'gin'... °ty .. 1'> x'.""•">r ., Ni Zi t2 L.~l 1 ~~ .. ... , ,.: It iY Fem.:. F1,~.. DE;iP.re`' ?:~.. r'L, _3y-19 "~. .. ..~.L~~f L'~r.L:H ~ `3~s4i -;_'6<2 if yc,;: f._,. ~,;; ~ a:,.~. .. -_. . _ :- ~ ~ ~,. br _ thrz i~ : i~t-anc.e, ~~iease leC me know. 1 Date: R 3%07- rev'd AGF..NDA ITEM NUMBER: ~' ~ ' . . AGENDA REQUEST Request to be placed on: X Consent Agenda ~ Regular Agenda ~ Workshop Agenda _ Special Agenda When: August 7, 2007 Description of agenda item (who, what, where, how much): The Delray Beach Police Department (DBPD) requests approval for the purchase of seven (7) replacement laptops used by the field officers for connection. to Dispatch, conducting criminal checks, and communicating with the Dept. while in the field, This replacement has been improved in this year's CIP budget and follows the established schedule for equipment upgrades) retiring of outdated equipment. Prices _were obtained fmm three vendors, with CDW-Government offering the lowest. price, at a total of $ 29,995. Department Head Signature: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involy}n expenditure of funds): ~, ry.~-te., ~ 137 Funding Available: e / I~ Tnitiais: Account Numbers :32111-521-64.11 () Description: Replace (7) laptops Account Balance: Funding Alternatives: NJA (if applicable) City Manager Review: Approved for Agenda: ~! No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, SENIOR PLANNER ~ll~ /, PAUL DORLING, AICP, DIRECTOR PLAN IN AND ZONING' ~ ~! THROUGH: CITY MANAGER ~,~~ DATE: JULY 31, 2007 SUBJECT: 1AEETING - AUK CONSIDERATION OF A WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING FOR DELRAY MAZDA AT 2001 SOUTH FEDERAL HIGHWAY. ITEM BEFORE COMMISSION Consideration of a waiver request to allow the installation of a 653 square foot temporary modular building for the Delray Mazda automotive dealership as a customer service waiting area during the reconstruction of the showroom/office building that was gutted during hurricane Wilma. Since permits for temporary modular buildings are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(F), approval of a waiver from the City Commission is required. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body must make a finding that granting 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. The applicant has provided the following narrative in support of the proposed waiver: "1 am requesting a temporary waiver for the construction trailer located at Delray Mazda. We would like fo use this trailer for our customers to wait in while having repairs made at the dealership. We have no place for the customers to wait, and we certainly don't want them walking around the dealership while we are under construction causing a liability issue. We have a handicap ramp, air conditioning, telephones, water, TV, and a bathroom to accommodate the customers..." The temporary modular building is located at the northeast corner of the property within an existing parking area. This area is substantially screened by a 9-foot high Ficus hedge and 8- foot high concrete wall on the north and east sides. The proposed temporary modular building will allow the auto dealership to provide a safe and clean area for customers while their vehicles are being repaired during the construction of the showroom/office area. The applicant has not indicated the anticipated length of time that the trailer will be located on the property. Thus, a City Commission Regular Meeting -August 7, 2007 Waiver Request Associated with the Temporary Modular Building for Delray Mazda recommended condition of approval is attached that the trailer be removed prior to the issuance of a Certificate of Occupancy for the showroom/offices and that the subject area be restored to a parking area pursuant to the site plan of record. Based on the above a positive finding with respect to LDR Section 2.4.7(6)(5) can be made. BACKGROUND The subject property consists of Tract B of the Gateway Shopping Center, and is 1.90 acres. The property contains a 20,639 square foot building that was built in 1981 as an automobile dealership. The property is zoned AC (Automotive Commercial). At its meeting of September 13, 2006, the SPRAB (Site Plan Review and Appearance Board) approved a Class II site plan modification to demolish the existing 1,285 square foot showroom/office and construct a new 1,178 square foot showroom/office. The construction of the new showroom/office has not begun. The SPRAB is scheduled to consider the site plan modification for the temporary modular building at its meeting of August 8, 2007. The results of the City Commission consideration of the waiver will announced at this meeting. RECOMMENDATION By motion, approve a Temporary Use Permit for the placement of a modular building at 2001 South Federal Highway to allow a customer service waiting area, based on positive findings with respect to LDR Section 2.4.7(8)(5), subject to the following condition: The Temporary Use Permit shall not be effective until the issuance of a permit for the permanent improvements (i.e. construction of the showroom). 2. That the Temporary Use Permit be valid for no more than two years from the date of issuance. 3. That the modular building be removed from the property and the area restored to a parking area pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the showroom/offices. Attachments: ^ Site Plan ^ Location Map 2 3 _~ I 2 W X ONE LINTON 8L VD. ~ O THE PLAZA AT LINTON DELRAY WDODS ~ BANYAN ~Q- TREE LANE C~ ~ OLD HARBOUR ~~~ PLAZA ~~O NATIONS BANK L I N T O N ROYAL SUN BANK PALM MORTGAGE BURGER KING I SOLID WASTE TRANSFER I STA TlON DEL RA Y LINCOLN MERCUR Y >- 3 2 cD r DAN BURNS OLDSMOBILE MORSE w X O LlNTON CENTER A W Y P1N Q CE TER ~ ,_. d z vi DELRAY PLAZA JYAN TREE VILLAGE HARBOURS EDGE BOULEVARD I N DELRAY MAZDA SUBJECT PROPERTY 12-43-46-28-06-002-0150 CITY OF DELRAY BEACH, FL LOCATION MAP PLANNING k ZONING DEPARTMENT -- D/C/lAL SASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 500-1000\LM947_Delray Mazda F .ar s ~ Ly /NV m a 0 o °` z 0 S6T /.P t /d/ lEPPO R Z nom ~.eA: mv~Pr A C ASPl4LT PAV£1ENT ASPHALT PAVEMENT TROPIC BOULEVARD ASPIMLT PAVEMENT W. ... N90°00'00"W 277.47' ASPIMLT PAVEMENT J I I ~ I II II I I U ~' EXISTING _ PAIOCNG ~` ~ EXINRYa n 60NGIYETE' _~ X - st.Ae __ ~ A$P1LLLT PAVE/.ENT ~~~ ~~/ITXJ] P __ - ___ 'N _ . __ i -_ _ _ - _ - _..... __ ~i MF E ~ II/ __._- I F_F . _ Q ~ ~~ _-.-IEW-i1Otl\OOIti -_-_- _ _ -- -------_ CONCIETE _. __ I .. O eXISnNG ~ ~• coNCpErE 6EAn i i 7 ~j• I os I- nr m I g~y I Bua]an ~§ I MEn rr MTo9 ai ~ PMANRR9 19MD1~. cm f _-~- 589.39'S7"W 261.72' / ~ Ae (/\ ~ Sl9T ]'aGE EXWTNG AI9EA 1~11ASJ AB 16 ~'~ N SITE 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 REQUESTED BY DELRAY MAZDA 1. This waiver request came before the City Commission on August 7, 2007. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Delray Mazda. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(8)(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. 4. Temporary Use Permit: Section 2.4.6(F)(1) provides that no temporary use shall be allowed except as provided in Subsection (F) or as otherwise provided for in these Regulations. (See, LDR Section 2.4.6(F) attached hereto). The applicant has requested a temporary use permit to construct a temporary modular building to provide a clean and safe area for their customers to wait while the vehicles are being repaired during the construction of a showroom/office area. Should the waiver be granted for the temporary modular building? Yes No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained ~~evn q~3 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. 7. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this 7th day of August, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 SECTION 2.4.6 (D) (2) (2) Required Information: An application form, and attendant fee, shall be completed and delivered to the Chief Building Official, or his designee. The application form shall be as promulgated by the Chief Building Official. (3) Procedure: Upon acceptance of the application, the Chief Building Official shall cause the site to be visited and a report made which provides the status of trees in excess of two inches in diameter at 4-112 feet above the ground. The report shall identify what measures must be taken with respect to tree protection and removal (4.6.19) and erosion control {4.6.17). (4) Issuance of Permit: Upon acceptance of the report by the Chief Building Official, a permit shall be issued. The permit shall require compliance with the report, a copy of which shall be provided with the permit. The permit shalt be valid for a period of 180 days. (E) Tree Removal Permit [This Section repealed in its entirety by Ord 37-06 9/19!06] (F) Temporary Use Permit: A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown. 1. Circuses or Carnivals --City Commission 2. Uses under aTent -City Commission 3. Sales Offices and Models at a Residential Development Site -- Chief Building Official 4. Construction Trailers and Compounds -- Chief Building Official 5. City Operated Facilities - Ci#y Commission [Amd. Ord. 75-91 11119191] 6. Seasonal Farmer's Market -- City Commission [Amd. Ord. 45-96 10!15!96] 7. Temporary Parking Lots -City Commission [Amd. Ord. 13-98 3117198] 8. Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, SeasonaUTemporary Uses -City Commission [Amd. Ord. 41-03 11 /4103] (1) Rule: No temporary use shall be allowed except as provided in this Subsection (H) or as otherwise provided for in these regulations. (2) Required Information: A request for a temporary use shall be made via letter to the granting authority. The letter shall contain the following information, as applicable to the use being requested. 2.4 - 55 ~ ~ 1_ ~ ~ DELRAY BEACH 100 N.W. tst AVENUE DELFiA.Y BEACH. FLORIDA 33444 5611243-7000 All-America City 199 3 MEMORANDUM 2001 TO: Mayor and City ~mmissioners FROM: Joe Weldon, ector of Parks and Recreation s THROUGH: David Harden, City Manager ~~ DATE: July 31, 2007 SUBJECT• AGENDA ITSN ~ t. ~j - RSGIILAR Mg$TII~'G OF AIIGIIST 7, 2007 PROPOSED RATE INCREASE FOR MUNICIPAL MARINA ITEM BEFORE COMMISSION Request approval of proposed rate increase for marina from $.45 per foot per day to $.60 per foot per day for non-live-aboard and $.70 per foot per day for live-aboard, increase of late fee from $25 to $50 and removal of the option of paying the minimum when boat is not in slip. BACKGROUND The last increase in marina rates was October 1, 2003. A survey (attached) was conducted of other marinas in the area. City Commission approved the increases at their July 17, 2007 workshop. We currently have 365 people on our waiting list. FUNDING SOURCE Not applicable. RECOMMENDATION Approve rate increase, late fee and removal of the option of paying the minimum when boat is not in slip. Ref:agendamemo Printed on Recycled Paper T H E E F F O R T Q L W AY S MATTER S DELRAY BEACH All-America City ~"i® 1993 2001 TO: David Harden City Manager MEMORANDUM FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Marina Rate Increase DATE: April 16, 2007 Attached please find a survey completed by the Parks and Recreation Department on municipal and private marinas in the area. For purposes of this discussion, we will concentrate on the municipal marinas since, for the most part, private marinas are significantly more expensive. Fort Lauderdale. has 3 marinas (New River - 100 slips, Las Olas - 60 slips, and Cooley's Landing - 30 slips). Off season their rates range from $.65 to $.90 per foot per day. They allow live-aboard but utilities are charged separately. They provide showers, rest rooms, laundry and pumpout service. Ice is available at a price. Hollywood has one marina with 55 slips. Out of their 55 slips, they allow 5 live-aboard at $.55 per foot per day. Non-live-aboards pay $.45 per foot per day. They also have a seasonal transient rate. Utilities are included in their rates and they provide showers, rest rooms, laundry, ice, fuel and pumpout service. Hollywood indicated they .would raise their rates this spring. Lake Park has 103 slips. They charge $.55 per foot per day for annual and summer rates. This rate increases for seasonal and transient. They do not allow live-aboard, utilities are not included in their rates, and they do not provide ice, fuel or pumpout. They do provide showers, rest rooms and laundry. 2 Riviera Beach has 145 slips. They charge $1.07 per foot per day, $4.70 per foot per week and $17.70 per foot per month. No annual rates. They allow live-aboards, electricity is not included, and they provide showers, rest rooms, laundry, fuel and pumpout station. Ice is sold separately. Delray Beach has 24 slips. We charge $.45 per foot per day. We allow live-aboards, utilities are included in the rate, and we provide showers, rest rooms, laundry, ice and a pumpout station. We do not provide fuel. I recommend we increase our rates to $.60 per foot per day for non-live- aboards and $.70 per foot per day for live-aboards. This still puts us in the lower end of what the marinas are charging. I also recommend our late fee be raised from $25 to $50 per month and keep our transient fee a flat rate of $50 per day. In addition, I would like to remove the option of having a marina resident paying the minimum when their boat is not in their slip; a resident is to pay the same monthly rate whether their boat is in their slip or not. Our marina is very attractive to the public as evidenced by the 377 people we have on our waiting list. It is located in the middle of our downtown area, and within walking distance to the beach. 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N ~ V) d •/ C V N ~ S O te ~ C X N ~ ~ .~ N a .. ~ ~"' z ~ ~ ~ ~ °~ ~ ~ ~ ~ ~ 3 3 ~ a ~ o ° N ° a z } z m J O N ~ ~ ~ r ~ ~ >+ t0 A >.a ~v `° E ~ c~~ ~ ~ ~~~ m ~ ~ c E 00 ~~ ~~ o c c co ~ c a ~i ~ + L O O ~~ ~ o fC ~~ ~ ~ o M ~ T ~ M , E ~ fU ~ ~ ~ j a CO ?. . N ~M ~~~ C ~~? N ,d; ~ ~ ~ 0 O~ ~ ~ Ln ~ r N N 69 ER fA r 4A EH r ~ .F- r EH M H t0 a+ C s •L c >' ~ _ .~ ~ ~ ~° ~ a; m = _ > ~ ~ = ' '~ ea ea ea a a a us MARINA SURVEY (completed January, 2007) Municipal Marinas Ft. Lauderdale Municipal Marinas - Andrew Cuba: (954) 828-5423 3 separate marinas: extensive detailed rates (see attached sheet) New River - 100 slips Rates: $1.15/ft./day 10/1-5/31 and $.65/ft./day 6/1-9/30 for 30'-50'; $1.25/ft./day 10/1-5/31 and $.75/ft./day for 51'-70'; $1.50/ft./day 10/1-5/31 and $1/ft./day for 71' and over Water included Electricity metered with hookup fees from $10-$60 Pumpout tank free to public Truck fueling available by appointment; free to renters; charge by foot for all others $50 security deposit for comfort station key ice sold, bags and blocks Las Olas - 60 slips Rates: $2.15/ft./day 10/1-5/31 and $.90/ft./day 6/1-9/30 for 46'-60' (vessel min. 40'); $2.15/ft./day 10/1-5/31 and $1/ft./day for 70' slips (vessel min. 40') 6/1-9/30; $2.85/ft./day 10/1-5/31 and $1.50/ft./day 6/1-9/30 for 90' slips (vessel min.40') Locked, gated marina with police substation located there Water included Electricity metered with hook-up fees from $10-$60 Rest rooms, showers, laundry, meeting facility $50 security deposit for comfort station key ice sold, bags and blocks Cooley's Landing - 30 slips on Intracoastal Rates: $1.15/ft./day 10/1-5/31 and $.70/ft./day 6/1-9/30 Minimum 30'; maximum 48' Water included Electricity metered with hook-up fees from $10-$60 Portable pumpout available Laundry, TV, showers available $50 security deposit for comfort station key ice sold, bags and blocks Live-aboard and transients permitted 2 Hollywood Municipal Marina - Scott Gebhard: (954) 921-3035 City of Hollywood Marina, 700 Polk St., Hollywood, FL 33019 Rates: $.55/ft./day for live-aboard (5 slips); $.45/ft./day for annual rate with 26' minimum; $.55/ft./day for monthly rate 10/1-5/30; $.60/ft./day for monthly rate 6/1-9/30; $.95/ft./ day daily rate 10/1-5/30; $1.15/ft./day daily rate 6/1-9/30; Water and electricity are included 55 slips: 1 slip can take up to 110'; 12 slips up to 60'; 3 t-heads up to 75' and rest 20' to 40' Permit live-aboard up to a maximum of 5 slips by City Ordinance Showers, rest rooms, laundry, ice machine available Gas and diesel fuel and pumpout station available Transients permitted Lake Park Municipal Marina - Dave Hinaman - (561) 881-3353 Rates: $17.50/ft./mo. for summer and annual; $22.50/ft./mo. for a 6 mo. lease in winter; $25.50/ft./mo. for month-to-month in the winter Electricity metered; $10/mo. for water and trash pickup 103 slips; maximum boat length - 65' No live-aboard permitted Rest rooms, showers, laundry and meeting room available Ocean Inlet Marina (County) - Shirley King - (561) 966-6642 6990 N. Ocean Blvd., Ocean Ridge Rates: $8/ft./mo. with a minimum of 20', maximum of 45' Water included but electricity metered 20 slips No live-aboard permitted No overnights or transients Rest rooms, snack bar and table for cutting fish available Concession stand, picnic area Riviera Beach Municipal Marina - (561) 842-7806 200 E. 13th St., Riviera Beach, FL 33404 Rates: $1.07/ft./day; $4.70/ft./wk.; $17.70/ft./mo.; 32' min~.mum Water included; pay for electricity 145 slips Transient rates as above Live-aboard permitted Showers, rest rooms and laundry available; ice sold Gas and diesel fuel and pumpout available 3 Private Marinas Boynton Beach CRA Marina - Brian Smith: 703-2185 728 Casa Loma Boulevard, Boynton Beach, FL 33435 Rates: $18/ft./mo. No live-aboard permitted Water and electric are included Sell ice, fuel and bait 20 slips The CRA bought this marina from Two Georges within the past year and will be upgrading it and buying the fuel dock. Briny Breezes Marina - (561) 276-7405 5000 North Ocean Boulevard, Delray Beach, FL 33435 Rates: $158.13/mo. up to 24'; $221.38/mo. up to 30'; $297.28/mo. up to 36' (max.) 68 slips 6 month minimum lease No live-aboard permitted Water, electricity, showers and rest rooms available Delray Harbor Club Marina - Russell Dispenza - (561) 276-0376 1035 S. Federal Highway, Delray Beach, FL 33483 Rates: $20/ft./mo.; 35` minimum Water and electricity included Transient rate-$2/ft./day 43 slips;. maximum boat length - 103' No live-aboard permitted Showers, rest rooms, fuel and swimming pool available No laundry facilities and no pumpout Ship store with ice, snacks, drinks Delray Beach Yacht Club - Biff Barrett: (561) 272-2700 110 MacFarlane Drive, Delray Beach, FL 33483 Rates: $1/ft./day; $2/ft./day for transient water included; electricity additional 44 slips Live-aboard permitted for transients Showers, rest rooms, ice, and laundry facilities available 4 Lighthouse Point Marina - Wes: (954) 942-8118 2831 Marina Circle, Lighthouse Point, FL 33064 $505.50/mo. for boats 25' or less; $593.89/mo. for 26'-30'; $796.60/mo. for 31'-35'; $977.90/mo. for 36'-40'; $1,259.90/mo. for 41'-50'; $1,433/mo. for 51'-55'; $1,716.21/mo. for 56'-60'; $2,058/mo. for 61' to 180'; $2,291.20/mo. for t-head Electricity and water included Daily transient rate - $2/ft./day plus $7/day for boats over 40' for water, electricity and trash pickup, $5/day for boats under 40' for water, electricity and trash pickup 100 slips; 12 permit live-aboard, 88 do not Rest rooms, showers and laundry available Pool and tennis courts available Security guard on weekends, locked gates and security cameras Gas and diesel fuel and portable pumpout available Loggerhead Marina - Doug: (561) 627-6358 2700 Donald Ross Road, Palm Beach Gardens, FL 33410 Rates: up to 35', $16.25/ft/mo. for annual, $21/ft./mo. for 6 mo. lease, $23/ft./mo. for monthly; 36'-50', $19.25/ft./mo for annual, $22.75/ft./mo. for 6 mo. lease, $26/ft./mo. for monthly; 51'-65', $21/ft./mo. for annual, $24.50/ft./mo. for 6 mo. lease, $28/ft./mo. for monthly; 66'-80`, $23/ft./mo. for annual, $25.50/ft./mo. for 6 mo. lease, $29.50/ft./mo. for monthly; 81' & up, $28/ft./mo. for annual, $29.50/ft./ mo. for 6 mo. lease, $35/ft./mo. for monthly Water and electricity metered for 3 docks, fixed fees for 2 docks Transient rates: $2.50/ft./day for daily; $2/ft./day for weekly utility charges: $8/day for 30 amp, $10/day for 50 amp 135 slips No live-aboard permitted Marina Bay - Connie: (954) 791-7600 2525 Marina Bay Drive West, Ft. Lauderdale, FL 33312 Rates: Annual - up to 45', $.80/ft./day; 46`-65', $1.10/ft./ day; 66'-80', $1.60/ft./day; 81'-120', $2.25/ft./day Transient - up to 45', $.90/ft./day; 46'-65', $.95/ft./ day; 66'-80', $1.15/ft./day; 81'-120', $1.25/ft./day 10/1-5/31 - up to 45', $1.05/ft./day for 1 mo., $.95/ft./ day for 2-3 mo., $.85/ft./day for 4-8 mo.; 46'-65', $1.50/ ft./day for 1 mo., $1.40/ft./day for 2-3 mo., $1.35/ft./day for 4-8 mo.; 66'-80', $2/ft./day for 1 mo., $1.80/ft./day for 2-3 mo., $1.70/ft./day for 4-8 mo.; 81'-120`, $2.50/ ft./day for 1 mo., $2.40/ft./day for 2-3 mo., $2.25/ft./ day for 4-8 mo. 5 6/1-9/30 - up to 45', $ 66'-80', $1.05/ft./day; Water and cable TV included; Live-aboard permitted 147 slips 85/ft./day; 46'-65', $.90/ft./day; 81'-120', $1.15/ft./day electricity metered Rest rooms, showers, and laundry No fuel or pumpout Pool, tennis courts, racquetball, exercise room, sauna, pool table and computers available Marina Delray - Joey: (561} 276-7666 777 Palm Trail, Delray Beach, FL 33483 Rates: $24/ft./mo. for 5 wet slips; $2/ft./day for transient (minimum of $50} Water and electricity included No live-aboard permitted 5 wet slips; 50 dry dock Maximum boat length - 60' Showers, rest rooms, pool and ice available No laundry facilities or pumpout Fuel available Palm Harbor Marina - Melissa - (561} 655-4757 400-A North Flagler Drive, West Palm Beach, FL 33401 Rates: $.85/ft./day for annual; $1.10/ft./day daily rate for 5/15-10/14; $.85/ft./day monthly rate for 5/15-10/14; $2.25/ ft./day-daily rate for 10/15-5/14; $1.55/ft./day monthly rate for 10/15-5/14; $1.20/ft./day monthly winter rate for a minimum of 6 month contract; 30' minimum Utility service charge includes electricity, water, trash collection and cable TV: $130/mo. or $12/day for one 110/ 30 amp outlet; $195/mo. or $20/day for two 110/30 or one 220/50 amp outlet; $385/mo. or $30/day for two 220/50 amp outlets or one 100 amp single phase outlet; minimum utility service fee of $50/mo. or $5 daily 131 slips (23 slips damaged by Hurricane Wilma} Live-aboard permitted Showers, rest rooms, laundry, ice and ship store available Fuel available; no pumpout i 6 Palm Beach Yacht Marina - Laurie: (561)588-9911 7848 So. Federal Highway, Hypoluxo, FL 33462 Rates: $18/ft./mo. on annual basis; $23/ft./mo. on month-to-month basis (2 mo. minimum); $2/ft./day for transient Water included; electricity metered at $.13/kwh No live-aboard permitted 98 wet slips; 250 dry dock Showers and rest rooms available 7:30 AM - 5:30 PM No laundry facilities; sell ice Fuel and pumpout station available Sailfish Marina - Sherry: (561) 844-1724 98 Lake Drive, West Palm Beach, FL 33404 Rates: up to 30' $55/day; 31'-35', $2.50/ft./day; 36' and over, $3/ft./day; t-heads, $3.80/ft./day Water included; electricity additional 96 slips No live=aboard permitted Rest rooms, showers, laundry and ice available Fuel available; no pumpout station Ref :marinas , O (n dl dl 01 tf1 m 10 M 111 l0 m W m cr d' M m ~O W l0 r-I H d' ~, W I ~ w r v1 w d~ M a~ w w o r w h w In d~ 1n r~~ w r r W , m N 10 01 91 lf1 01 d' M 111 N O ~O M t0 Lf1 h M l~ l~ C~ H L~ l0 N p: , M M r-i N rl M M M N M N N~ M rl M ~-1 M N r-I N M M H O H ~ U , ~ sh yr ~ ur ur yr ur yr ut yr vt to ur ur ur t!r yr rir yr u>• ur i1r ur io z . 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W I W I N m e-i r m H m M m H r M ri 10 .-1 rn m ~o H H H N W r-i CL I H W N 01 ~ LD m N m l0 M N N m N 01 171 m N N N f~ [~ N I F I O 01 M ~•-1 01 N m m m N H m M M M ~O [~ M M M M O 111 M F 2 I 01 m o M m M r-I r-I H M ~o .••1 0 0 o w H o 0 0 0 ~o r o O W I ~0 1n In 1n In ~ r ~o r ~ io ~0 1n ~0 1n ~0 1n ~o u1 In In In ~o In F a ~ rir~ur~Lryrm•riryrLrmyr~+l~u}vr~v}mv}+IrLryryr D 1 U I 1 1 N m .--1 [~ m H m M m r-I h M ri ~O .-I 01 Ol to r-I r-i r-I N a1' r-I d^ , H 01 [~ d~ 01 1p m f~ m l0 M L~ L~ m h d~ 171 m h h [~ N N [~ l11 '~ , I N 171 O N I71 m M [~ M m 0 [~ O 10 O 01 ri l0 O O O d~ rl O 1D F I d~ M M M M M d~ M d~ M d1 M M M M M M M M M M M d~ M I W , O O O O O O O O O O O O O O O O O O O O O O O O , O 111 t!1 LI'1 l11 O O L11 O O O Ifl lf1 O In L!1 O O to In to If) V1 111 A ~' i m M N 01 M d~ lf) O to dl H O N [~ N L~ l0 [~ N N N ~O VI N \ .`~ , V' 111 [~ 01 l!•I 01 [~ m [~ 01 N m r LD r O m l0 h r r N M [~ In U ~ l0 l11 ~ ~ l71 In l0 l11 1D 1A l0 111 V~ 111 d~ l0 d~ L11 d~ d~ d~ 111 lD V~ w O ~ yr yr v1~ s!r v>• r!r yr ur yr r!r +Ir yr is ur +rr ur yr yr yr vs• yr v>• yr +rr A ~ V? ~ I ~ ' ~r I m r-I 111 [~ ri dl O M O ail 10 M I11 N 171 ll1 10 N 111 Lfl In 01 P lfl O z , v~ w M M W V~ 111 d1 1!1 d~ d~ a' M V~ M V~ M V~ M M M M W M 0o a 1 p, m ~ ~, ~ ~ ~+ ~ v t o E e u ~ a o w a ~ ~, ~ a ~ •~ e ~ a, ro ~ ~, ~ ~ a o ~ x o ,~ W ,~ a~ •a ,~ ~ a a, a~ o v h ca v ,~ ,~ G v o ro >. ao o ~ ~ a m ~, ~ ~ ~ q .~ c~ a~ •~ ,~ U A I u S1 N ,r~ A LI cA PO FC >. N O .G t~ FC rti ~ ri a.1 I ~~ C F ~+ a.1 b m .-1 U ro W u1 r-1 cA ~ rJ O ri O g rt I 0 0 .C N N U\ N ro N g C ctl \ N ~1 b U •~ U O -~ I I U O C x •a \ rA ro Sa tr1 ctl •~ a ro ro b1 u a rx !n ,~ ~ I E~ h~ >+ N U E U 3 0 z~ q> U~ 1~i ~ 6~ A 8 N b1 a s P: PO h x g h E W C7 ~ UO' a g E U Z h F h POO h W W - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ¢ .-I N a i (x-I ~ ,--I N M d' 111 lD C~ m 01 r0-I rH-I ~ rM•I ~ r~•i ~ ~ °.-1° r~l N N H E H ~ O ~ st ~ st ~ zt ~ a xs ~ 3L ~ x ~ st ~ ~ ~ xs ~ ~ ~ O O a ~, z ~ ~ In In 0 N to In N H 0 m M 0 h m 0 N M N r-I ~!!~ m O M M H r H m to N m to O r N M H W O F Date: July 31, 2007 .. Request to be placed on: AGENDA ITEM NUMBER- C AGENDA REQUEST -Consent Agenda x Regular Agenda -Workshop Agenda -Special Agenda When: August 7, 2007 Description of Agenda Item (who, what, where, how much): Request approval of proposed rate increase at marina from $.45 per foot per day to $.60 per foot per day for non-live-aboard and $.70 per foot per day for live-aboard, increase late fee from $25 to $50, and remove option of paying the minimum when boat is not in slip. Department Head ~ ~~, (~ Signature: ! z~~ City Attorney Revi w ecommendation (if applicable): _ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~ / No Initials: Hold Until: Agenda Coordinator Review: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS THRU: CITY MANAGER FROM: DOUGLAS SMITH, ASSISTANT CITY MANAGER DATE: AUGUST 1, 2007 SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF AUGUST 7, 2007 Proposal for eCivis Grant Network Services ITEM BEFORE COMMISSION Consideration of a proposal from eCivis for their Grant Network Services. BACKGROUND eCivis provides a grant locating service to local governments. eCivis provided staff with a demonstration and an opportunity to test the system. The system allows for searches to be established for specific types of grants; the system can also send email alerts when new information is available. The base fee for the program for one year is $19,000 which allows for an unlimited number of users within our organization. We could also make the system available for up to twenty-five non-profit groups for an additional fee of $10,000 for one year. Staff recommends obtaining both the base and non-profit services for a total cost of $29,000. With the budget challenges that we are facing, finding grant funding will be even more important. The eCivis system provides a way to sort through the multitude of grants that aze available to find the ones that would be most beneficial to the City. FUNDING SOURCE Funding to come from account number 001-1111-511.31-90 {City Commission -Other Professional Services) after budget transfer. RECOMMENDATION Staff recommends City Commission approval for the City Attorney to prepare and for the Mayor to sign aone-year agreement with eCivis for Grant Network Services in the amount of $29,0(?0. r e `, ~ V ~ S improving grants July 3, 2007 David Harden & Doug Smith Manager's Office & Team City of Delray Beach, FL Dear Delray Beach Team, I am pleased to submit a proposal to you and your team for a grants program toolset and training solution for The City of Delray Beach. e-Civis' software, training, and services have been proven to increase grant success for over 400 cities and counties around the country, with over $1.5 Billion in Funding awarded to these communities, we pride ourselves in our customers grant success. The City of Delray Beach will have access to a broad array of funding opportunities including Florida State, federal, and foundation grants and eCivis is confident that the Grants Network Research toolset will improve the management of your grants as well as the funding opportunities associated with your projects. We look forward to following up with you to discuss the proposal and how we can move forward in helping The City of Delray Beach continually improve its grants program and training needs. Sincerely, Nicole L. Haskins Regional Account Manager 540.921.3244 nhaskins _ecivis.com www.ecivis.com "The efficiency o f Grants Network Research beats any manual process we could have. Our return on investment for Grants Network: Research surpasses other products or services. It's the best way to cut search time and spend more time writing the proposal for a grant" 36 NEEDS & SOLUTIONS ~, ,~ s ~__~ . , r .,..~,~. ~~. - , ~. ~ v • Continued access to the most. • Getting timely information timely Federal, Florida State and allows you to compete for Foundation grant information funding more effectively, win more often and apply to more proposals than agencies that don't have an excellent search system in place • The Agency currently uses grants to fund many high visibility projects. As new projects are announced, new sources of grant funding must be identified in a timely manner in order to win funding and minimize the budgetary impact. Currently the Agency searches for funds via various websites, list serves and via word of mouth from professional contacts. Every department searches for their own needs with different levels of success. • The current process is ineffective and inefficient: one never knows if all resources have been found and identified, resulting in too much time spent searching as well as the risk of missing a funding opportunity. This results in some projects remaining unfunded because grant funding was not found, or found too late to apply. Not all departments are equally successful due to lack of standardized, reliable information for every department. This process can create frustration for staff and reduce grants activity. • The Agency needs to protect all of its revenue streams by successfully capturing, storing, and collecting electronic copies of all pertinent grant information, for every department, in a secure, central repository. • All Grants Network: Research users need to be well-trained on how to effectively utilize the system • Lack of information management tools in this area puts the Agency at risk should a department lose a key member due to retirement or staff change or facility incur damage. • Trained employees are more likely to use Grants Network: Research, and therefore will have access to more funding opportunities -making good use of the agencies investment ~~.7-; .~~~°n • Grants Network: Research provides access to all pertinent Florida, Federal, State, and Foundation grants and provides support in identifying more funding opportunities. Other large agencies around the country rely on Grants Network: Research, and win more funding. • The Grants Network: Research toolset provides comprehensive coverage of all Federal, State and Foundation Grants available for every department and affiliated non- profit for the Agency. The service is equally useful for every department or non-profit. The database contains over 8,000 grants with $400 billion in funding. • eCivis provides a secure, Internet-based repository for all of the Agency's grant information as part of its service. • Grants Network: Research Client Support is designed specifically for an elite set of clients. These clients receive more attention and personal funding recommendations from their dedicated representative 37 • The agencies staff needs to •Grants-active staff have less • Grants Network: Research become more efficient in finding time to write quality grant saves staff hundreds of hours in and researching grants applications when they spend a research. eCivis analysts spend majority of time looking for grant 40,000 hours each year doing the opportunities research for your team • Many of those tasked with identifying and applying for grant funding have not had formal training in grants, and are performing these duties in addition to other responsibilities and as their schedule allows. The Agency would like to improve results without adding staff. • The agency wants to adopt a . more proactive approach to finding grants • Funding results are inconsistent and suffer especially when schedules are busy. Often grant opportunities are missed when staff is too busy to look. Activity around grants is less than it could be as staff lacks confidence and tools to be successful. • Waiting for RFPs limits the time to apply and creates tight deadlines -jeopardizing your chances for funding • eCivis will provide the Agency with dedicated Client Support to personally assist every user. Our email alert service protects the Agency when staff is too busy to look for grants. Additionally eCivis offers a full range of training service to build capacity and increase grants proficiency at al I levels. • Your staff will be notified of the latest opportunities with Grants Network: Research. Your department will stay ahead of other entities and gain a competitive advantage • The agency wants to be able to monitor and measure what grants are being applied for and saved from each department and user • The agency wants to know what types of projects are receiving funding • Community Based Organizations (CBOs) struggle to meet community needs due to lack of funding; they also rely. heavily on the agency to relieve budget issues •A lack of performance measurement in any process within an agency can cause a decrease in accountability and miscommunication within an organization • Successful applications are a valuable resource when applying for grants. They help staff determine what the funding agency has awarded in the past and how to format and structure a winning application. • Nonprofits that can't raise their own funding create a heavy burden on the agency and its resources • More effective use of funding dollars to increase services and projects .Reporting tools and measurement processes are in place with the Grants Network: Research toolset to allow user performance and activity to be viewed and assessed to ensure successful grant processes are being utilized • Grants Network: Research includes a library of over 400 previously funded applications. Don't reinvent the wheel - discoverwhat has worked in the past • Grants Network Research Community Access provides nonprofits with their own funding search tools; applications and processes. Allowing CBOs to fish for themselves saves the agency a great deal of money, while continuing to aid in building a stronger community 38 Ail grants-active emp{oyees" need to be on the same page; working to streamline the process of grants location, application and. management Failure to ai'ign atl ~ar~t-active departments: results in missed opportunities, tag time in responding to grants and less funding being driven into the community •Not creating a uniform strategy in writing and skill set techniques can lead to confusion and mistakes in the grants process and requirements of the NOFA reCnrist?n~e i'rofessional Training is designed to get your entire organization in the same mind set around grants, create a process for effectively. bringing funding to your community, and drive more success in a cost- effective manner. Statistics show that 9'0% of all grant active individuals would be more effective with -some formal. training. "VNe found eCivis to be the best solution out there for our members needs" -Charles Archer, North Carolina League of Municipalities "Grants Locators is a valuable tool for our county, especially the ability to track and get updates on all federal grants. This is especially helpful in our efforts to stay on top o f opportunities." -Chuck Williams, Gov. Relations Director King County, WA "eCivis worked with us to deliver a system that really thinks o f everything. 1 am consistently impressed with the e f forts, ability, and knowledge o f eCivis" -Debbie Majors, Grants Coordinator, Agency of Boynton Beach, FL 39 The City of Delray Beach, FL -population 65,000 RECOMMENDED PROPOSAL & CUSTOMIZATIONS Recommendations are based on population and internal structure needs to maximize the success o f the toolsets, training, and processes being implemented. Option A (Recommended Solution) Product Description of Services Details Price Grants Federal, Florida, Foundation access with Unlimited $19,000 Network: onsite training with your staff to release agency users & Research & GN to the users and internal resources One day onsite Onsite Training training unlimited attendees Maintenance Client Health Process, Online Training, Toll Unlimited Included and Support Free Support Reporting and Training Reports, Year-End Report, Unlimited Included Process Performance Management and Evaluation Implementation Report, Action Plan Development CBO Access Community Based organization. and Non- l)p to 25-users $10,000 Profit Access Successful Grants Program Grants Network: $29,000 - Total Research, Delray Beach, FL Training & CBO Pricing Access ~'~°~` I also am recommending a multi year contract to lock in the discounts and rates for as long as possible as in order to maximize cost and efficiency with contract renewals every year. We offer 2 and 3-year agreements with locked in rates. Please let me know if you are Interested in exploring amulti-year agreement) "Mecklenburg County has used the eCivis Grants Locator for two-and-a-half years. It is quick, easy-to-use, meaty and well researched. It helps us identify and preview grants, often before our competitors, track them and organize them into useful categories for future reference. We now have 200 active users, representing City, County, and non-profit agencies. Here's what they are saying about the Grants Locator resource:" -- It helps me wade through the maze... -- It enables me to navigate smooth/y...and marrow down the search... -- It brings more ideas and options to consider. -- It has helped me think in the language of grants, especially government grants. -- ... an ideal place to start for nonprofits on a tight budget facing a time crunch... As for myself, thank you eCivis for `showing us the money :" Sharon P. Kugelmass, Ph.D., Grants Dev. Coordinator Mecklenburg County, N Expectations of this Proposal 40 The expectations for this proposal are that this combination of products, training, and services will accomplish the following ^ Better grant selettion that matches project needs ^ Time savings of 70%+ during the pre-award grant process ^ World class client services support using our eCivis Client Health Process to help you set and achieve your organization's goals around your grant-related project needs • Create an "institutional memory" of grants researched, applied for, and not applied for by person by department ^ Ability to better and more quickly understand the grant requiremenu before applying/accepting ^ Increased grant applications in less time should equal more grant wins assuming your win rate stays the same ^ Increased win rate due to having more time to write grants and a professional grant training program that will allow Agency employees to learn the proper ways to write and manage grants ^ Deliver timely and accurate updates to your existing grant programs therefore helping you preserve the grants you currently receive ^ Better communication and collaboration between departments around grant programs and related projects ^ Better knowledge of all available grant programs at all levels of your organization ^ Better communication between program staff and finance staff around grants and associated projects ^ Quicker ramp up time for those employees new to granu • Better support of community based organizations/nonprofits ^ Ability to access all application materials files for each grant saving you hours ^ Ability to quickly determine if no appropriate funding is available for a project ^ Access to previously funded applications so that your staff can see what winning applications looks like You of Us eCivis is expected to provide a service in Grants Network-Research that captures 98+% of the possible local governments grants that your organization is eligible for on time and accurately. eCivis is expected to provide web-based Grants Network-Research training to those unable to attend the in-person training. In addition, your organization will receive unlimited client support from our client services staff. You will also receive implementation of our Client Health Process, which helps ensure that you meet your grant goals and therefore increases your organization's overall grants success! Us of You eCivis is dedicated to the success of the your agency and helping it improve grants success. We do however need your organization's help in the following ways in order to produce the very best results. Below are a few of the expectations we have of your organization: ~ Support from management in this initiative is perhaps the most important aspect of success for a program like this. This means encouraging/requiring attendance to the training (both GNR and Professional Grant Training where applicable). Marketing the use of the system/training whenever possible (meetings, internal news letters, internal e-mails, etc.). Our staff will suggest some easy ways to accomplish the above. ~ Provide a location for both the Grants Network-Research and Professional Grant training that will accommodate both parties. ~ Provide a point of contact, or Master Account Holder, to manage the Grants Network-Research account and who will work with the assigned Client Services staff. This is a very small commitment since the eCivis Client Services Associate works directly with departments. 41 eCivis Timeline of Client Health Process The eCivis Client Health Process helps to ensure success for the agency. Created from 7 years of experience in implementing programs like yours, our Client Health Process maximizes the Agencies ability to utilize the Grants NetworkT'" solution combined with the proposed training. Time Period Quarter 1 eCivis Activi Client Activi Value /Comments Initiate Agency-Wide Access: eCivis will dedicate Senior level staff and • Announce Services • Create Goals and expectations resources to an effective announcement and • Mazket to Grant-Active for the Agency to see results rollout to the most grant-active departments in Departments on in the first quarter and year order to facilitate a positive experience at the • Initiate User Access Identify a preliminary list if user level. • Provide Initial Product GN users Information Across • Share current grants processes Or anization to CSA Set-up Dedicated Support for Agency: eCivis will help the Agency understand the • Identify Primary Master best practice approach to system and grants Account Holder (MAH) • Provide Full User List structure, and ensure we have a cleaz within Agency • Release Notifications of understanding ofthe high-level goals of the • Document preferences, product purchase and goals Agency. Clearly defined roles and capabilities goals, capabilities • Post the eCivis Grants allow a more time/energy to go towards grants • Review Progress Plan Network-Research link on the acquisition instead of long-term • Initiate Client Health jurisdiction's Intranet administration. Process T~' at organizational • Involve leadership and level management to reflect on the • Set-up communication path importance of alternative for eCivis, CBO's, and funding. Agency Departments • Preferably have management/leadership open the training session. Initiate Community Based Organization CBO access helps these area nonprofits (CBO) program • Provide Full User List achieve success while reducing the funding • Assess depth and breadth of • Release Notifications of requirements of the Agency. In short, the needs through surveys, product purchase and goals program helps nonprofits fish for themselves. Agency and community • Involve leadership and Further these nonprofits win more money and contact management to reflect on the the Agency receives positive press due to • Recommend most effective importance of alternative eCivis' PR success program. organizational structure for funding sustained support • Recommend CBO roll-out plan to Agency Phased Training Protocol: eCivis will train and effectively establish best • Coordinate logistics for practices with staff through our professional Onsite Product Training & • Training assessment meeting training and implementation of Grants Best Practices prior to training with Travis Network-Research. The onsite training will be • Schedule Users from stakeholder to confirm goals coordinated with the MAH to determine the departments of training best time and date, introduction and leadership • Initiate Full Training Coordinate On-Site Training goals to be addressed, and critical product and Assessment within training parameters processes information. • Report to MAH on product • Notify all potential users of training proliferation the CSA's contact • Initiate Individual and information and to be Departmental Action Plans expecting training emails and and current projects of information riori • Create Training attendee list 42 Quarter 2 eCivis Activi Client Activi Value /Comments Continue Client Health ProcessTM: eCivis' Client Health ProcessTM has been • Report to MAH on training developed to maximize valuable support & user progress • Contact your CSA regazding services. Through a process of goal tracking, • Document goals your questions, concerns, and support reporting, and analysis, both eCivis • Receive & analyze current feedback on the quarterly and the Agency are apprized of the Agency information on report and of course how we organization's Grants Health. grand can continue to improve the grants process Extend Usage to Outlying This staged approach to roll-out, getting highly Departments: • Refer to user reports and sub- active departments (Quarter 1) up and conning • Mazket to historically non- account management for as new departments get started, ensures the active grants departments accountability on usage and needs of departments are met and do not delay • Communicate feature set what departments may need effective implementation. and value additional training and/or • Initiate access and training emphasis on the product Phased Training Protocol: eCivis will train and effectively establish best • Coordinate all logistics for practices with staff through our professional remaining training • Assess users training needs training and implementation of Grants with the help of the CSA to Network-Reseazch. The onsite training will be implement additional training, coordinated with the MAH to determine the where any bottlenecks may best time and date, introduction and leadership be, or users training requests goals to be addressed, and critical product and rocesses information. Quarter 2 eCivis Activi Client Activi Value /Comments Continue Client Health ProcessTM: eCivis' Client Health ProcessTM has been • Report to MAH on User • Contact your CSA regazding developed to maximize valuable support Progress & and Update Goal your questions, concerns, and services. Through a process of goal tracking, Matrix feedback on the quarterly support reporting, and analysis, both eCivis • Quarterly Report of Support report and of course how we and the Agency are apprized of the Activities can continue to improve the organization's Grants Health. • Take action on need areas grants process Quarter 4 eCivis Activi Client Activi Value /Comments Continue Client Health ProcessTM: eCivis' Client Health ProcessTM has been • Report to MAH on User Contact your CSA regarding developed to maximize valuable support Progress & and Update Goal your questions, concerns, and 'services. Through a process of goal tracking, Matrix feedback on the quarterly support reporting, and analysis, both eCivis • Quarterly Report of Support report and of course how we and the Agency aze apprized of the Activities can continue to improve the organization's Grants Health. • Take action on need azeas grants process "Grant Locators newest features providing updates on latest federal appropriations has really helped my department in our strategic planning. I also rely on the search agents to help me manage grant opportunities for 10 different areas in my Department, and to quickly communicate this information to our partners." -Kimberly Henderson, Grants Manager County of Santa Clara, 43 CMS sok Source Stabrnu~t for ~iiti~ eCivis® Grants Network:.Research 4.0 This statement explahs why Grants Network: Resesrch 4.0 by eChM Is s unkrre end proprietary system. This excerpt d the eCivis Qrants NeMrorir: Research 4,0 sob sourer kstement b accurate as d the date d this blur. tflRnt Is lilrarlte Ketfeork: Reaesrah 4.f14 Grants Network; Research 4.0 U a web-based apptlcstlan aontak-lnp a ooNeatlon of proprietary and tlmely content written by eCivls' trained ntrarrdi analysts. This content Is based on research of federal, slats and tandatkm fundMp. Exdudinp certaM grants net awNable to IocM powmments, edurrtlonal Instkutlons, non-protks, tribes or other pubic or private orparrizatkxxr wMMn the Unibd States, Grants Network; Research 4.0 coven aN federal and stele (CA, FL, TX, IL, VA, OH, NC, OA, W,, and An prams. Ovrtratl, Grants Network: Ressaroh 4.0 coven man than p5 peroent d campedtlw prams awltable iron tMne tLnden, Over 400 kxxl povrnmsnt entltbs natlorreAds-ancludlnp sawn of the Ir+pest-roly an On~nts Network: Research 4.0. Aftr oonduatlnp purohask-p svafwtlons, naM d tMss cuatomen haw found an equivalent oNine product d similar scope or qualky. tsrodtrct lpedflestions Wed in Rvafuslkrg hale sora~or • Comte: Corrtalns more than p5 percent d all grants • Original Content; Custom flatdY-p anMyses penetsted k~hcuse by program speclaWsts • QwYty Arwranae: FMapakH cl~rdc sysNm Implemented for every program Prior to puWlaatlon • Tkneltness: Coneen! b updated dally wNh portions pubMsMd prior to public -e1MN A~orrl pralntors • Lora! fdowrtwnent Rebvanor; Unique eClvis prooeseN apow local goverrsnants to asses which programs an m oat rebwnt to them quloWy and effectively • Search System: Custom srarah Axrotlonartlty penentes superbr neutb • Prev<orrsly Funded Apptlcatlone: 6rpansive ootlectbn otpreWouNy funded {pant apptlnYane aaoasible to all users Camprshr»1wTwaa: t3raxrts NstNark: Reeearah 4.0 b the only ext#ng, materlsWy oomplMe ootlectlon d federal and state grants, eCMe haemade a wver--year IrnveNmsnt searching ap swllable programs tar this product, inaltrdlnp tlwee tM gowrrrnrrt dose not actively soMdt, tNHh tM hedbaok d dirks n well as psrtnr oompanbs, many d the laser-Iv-own grant mMrkrp orpaNsailons haw also been added to our expandlnp research bass. Then w many 1Yee or low-cost webskes that Ibk grant programs, but Mesa an retrograde vrsbns d the Federal Register or Clrants.pov, botlt d which aro non-oomprshensive resources. eCiNe's lief of grant programs Is proprietary fnfannsdan secured intemsdy and fs net shared wkh any ether entity or dbnt. Original Conant: t3rsr-b Network: Reeearah 4.0 doss net Nmply repot tM original grant notice: F.aah grant is researched, analysed, condensed, and padragrd iMo a complete summary d essential kNormatlon Mat Mows customers to quickly determine whether a grant fits Me department's proJectjs), TMs oripklal oantrnt is avaNabb only through Gkante Network: Reserch 4.0; eCNAe does not Ikrnw tMs ookerk to srtyone other than end user. eCivis grsrks retearoh srualysts oorrlact Me program otiber on every grant Program, and a summatlan dtM program offkw's statemerka and aupgestlans Is Mghllghled In Grants Network: Research 4.0. The Information ga~ered t}om program nfticen Is awtbble only through Grants Network: Research 4.0. No aMr IMormatlon provider ofhrs a sNntlar advarMage, 44 .caws Page 2 of 2 Sole Source Staterneitt - aCivls~ t3r~ts Network: Retrearch 4.0 FlvaPoir-t Qr,isrllly Assurance: eCivia employs a inns-post quality assurance check on each grant prior to posting it in Grants Network: Research 4 0 THa versification process ensures that all iMorcrbtbn gathered meals arxYot exceeds the eCivis stai'xiard of having the pest passible acctxacy TMralinesr eCivia uses a proprietary back-end process to enstx'e bmNlriess ttfat meets or exceeds our ckents' standards. Although it takes two to three hours on average to encapsulate all the inforrriation for a sine grant program, approximetey ®6 percerd of ¢anta in tta system are held to a same-day publication stanttard and 95 percent she held to a three•day s~nderd eCivia irnrests more than 31 million annually to meat these timeliness standards and maintain the level d quality cities and caurn~s expeQ. Whenever possibka, Grants Network: Research A 0 publishes federal grant information before lt appears on the Federal Register or Gronts.gtw, which is not done anywhere else. eCivis has not encounterod another product with timeliness atandarda for p~ubliahing Addftionelry, eClvb coratanty revkwva and measures further technical, bimirtees process, antl research improvements in order to eMance hrtMliness and other clierltdoCUSad needs. Rebwed eCivis uses an iMemal process to assign each grortt a relevance rating based on a sritiatad urxisrotanding of all eCivis diems' needs. This may differ from the format eligibillty criteria listed by turxling agencies that may mislead Cftiea and counties in their abtllty to apply for funds. The Department of Justice's Weed and Seed program, Tor example, would have a rolevance rating of "1." This relevance rating exists oMy in GrarRs tJetwork Research 4,0. Froprltt,tavy tlNarch: eCivia hsa modified its search criteria based on cllent feed>ack. This ensures that search results ck~aely match whet a user is boking for in a grand While the search uses Verity"', a rxxnnteroially aveilade engine, the fields lt searches are custom-!wilt and populated based on i3CiVis knowledge of grants, eCivfc client lexicon, and progrom•specific tsrrrrunotogy. Keyword fields are manually created for each new grant entered, enaurYr~teeerch engine optirruzetion for every grant in the system. Frw{ousyr Funded Applkatlons (FFAs): Utilizing the Freedom of Information Act and pudic records requeata, eCivic nos complsd a collection of prsviousy funded grant appkrrotbna from focal government grantees as wail as federal- and stets-level organisations. While other collections may exist, eCfvps is unawaro of any other library of information equivalent or exceeding the range of eCivis applications maintsirtsd in Gronrta Network: Research 4.0 +:iowmment support d Hole tlource Grants Network: Research 4 0 b a certified acts source by numerous local goverrxnerXS around the courury. eCivis is ads to provide customers with examples of sob source designation lt requested during the purchasing process. If you have any gtxationa tx concema, please feel free to corxact eCivis at the number beknv. eCivls: Trrfspd !qr Oovererrtanls NatlortrNde Governments aerow the rtstion in«wsingy ray on eCtvk ro propN their grams p.rformenoe. As more governrtrnts pin as partnership, >.ve continw to Imes[ to often new end t»esr product and enhanced owtomer servke and wpport-aN+ays tlnven by our wstanera' neoda. Fran our humbb beginMnga, we have strived to put the needs ~ our welshers first, which has enabbd us to rapidly serve hundreds of the most i>noctive grants organizations niNlOflwlde Your grorKs success is our key measurement m psrformenoe, and we krok forward to your orgenizstion becoming our next success story. For more information about eCivis's products and services, e•rrrA graMinfoQecivis.oom, cal toNdree n (87n 232.4847.. option t, a vbit us on the web et wwwaoivis acm tegriyrtiaW..ab. Mr wMr nrw r,rr+w+n.o«e.~ w erw.. rrr, tarirre ,. r+wtzwwri..ad~wwukronrnntraawnrucdeCa.wrc 45 e C ~ V ~ S improving grants performance . ~ 9 ,~ . About Us... eCivis® Grants Network The Problem While computer automation has been successfully applied to many areas of government, the discipline of grants management has remained largely untouched. This is surprising considering grants contribute anywhere from 5 to 20 percent of the average local government budget. With that much money at stake, inaccurate or incomplete systems could mean the loss of hundreds of thousands (or even millions) of dollars every year. Still, grants are difficult to automate due to the varying program requirements and the diverse nature of the personnel who manage grants. Current grant systems rely on utilizing the Internet, running multiple spreadsheets, and creating paper documents that often are filed in places only known by their creator. Critical information transfers poorly throughout the organization, approvals are made slowly and, when mistakes are made, it is often too late to correct them. The reliance on individuals makes local governments highly susceptible to looming retirements for their experienced grants professionals. In short, the vast majority of governments are at risk for a serious decline in their historical grant success. Who We Are The eCivis Grants Network Platform is designed from the ground up to enable local governments to manage all of their grants through a single system. Grants Network is a full lifecycle platform that helps you propel your grants from project conception to final grant closeout and everywhere in between. It leverages the power of the Internet to cross-organizational silos so that all of your grants, regardless of what department, are being managed correctly. Because it is built by eCivis, the leader in improving local government grant performance, and used by over 400 organizations, you can be sure that it will work for your city or county. eCivisO since 2000, has been helping local governments streamline their business processes in grants. With support and corporate partnerships from some of the most esteemed organizations such as ICMA, GFOA, Innovations Group, and many State County & City Leagues and Associations; eCivis® has helped our clients and our cities and counties non-profits achieve over $ I.5 billion dollars in grant success over the past seven years. 3 e~ ~ V ~ S improving grants perrormant~ 8treamlinlnp the ` Grants Research Process TM Problem For many local povemments, reseerd~ing and identlfykig the best prams 1i'om dre cauntlees opportur#ies at the hdrai, state, and foundation levrl Is in arduous process. And yet, ft's eesantlal ~ dtles and coundes, whleh are already ,focus their effete on funding prc}ects and programs that carrot be supported witli trodtlional budget funds. H awsvsr, lack of vlslbMky ir-to avaflsble grant oppoAunltlss and tMk requirements resutls Nt organt:atlons seledN-g the wrong grant for their protect or, wane, tlrs advent of prgsde for 1M sake d receiving ^ grant versus a prge~ In Rns wRh orpan6>:atlonal goats. AdditbnaUy, truly benefldal grant appartunitiss can be missed due to receiving grant notloes late ar "losing" them M tlw shuflk ttom desk to desk. in today's world of shrfnkir-p spptlcatlon deadlines, late notlfbatlon-even by a weak-could mean hundreds of thousand d ddlars in low opportunities. To strsamlln• research and propN grarrta efforts, many govarrsnents ors fuming to reUable solutlons such as Grants Network: Research 4.0 Introdra:inp Orants tNetrrortt: Research 4.0 eCivis~ Grants Nelwak: Research 4.0 pra~idss gram-actlw organizations wIM the best grants research In a useF frlandly, web-based Inter~ce to aNow users to leverage tMlr shorts to improve grants perbrtnancs. Trusted by more than 100 ckias and couMiee natlonvride and M Rs fourth gensretion, ON. Research 4.0 has proven to help drNe additional revenue wNk reducing the burden on staff. A number of characts-istbe make CiN: Research 4:0 such a powerful rosourw. CompreMrrivw»ss: No other souse glws you across to aN Mderal, slate, and relwant bundstian grants through a ak-gk fntaAaca. Mart than 10,000 punts worth maro than 5300 bMllon. ~~ ~`~ Timeliness: ONy eCivls constantly updates f3N: Research 4.0 to ensure that tM highest quaYty rssssKCh is dsNverod in a tlmsly manner, No maro missed dgdNrres due to informatlon trotibMng delays. Aearacy: Errors, omissions, and endear information are sNminated by the eCivls Research tMm, resulting in the mod accurate information available, ON: Research 1.0 ie so acauate that many llndng agencies correct their informatlon based on our analysis. 16 .ctws Page x or 2 Streamlitng the Reseslrch Process - Grants Network: Research 4.0 5ea-chatNlky GN Research's ~rrstnxtion, lexicon, and proprietary search ntschartism drarttaticalty decrease aeardi time Search by Agency, Ellgibillly, Local Govermtent Relevance, Area of Irttereat, Keyword, and more. Crlgcai Insure IMorrrpttfon: eGivb resoarch analysts speak wrth dozens of grant program ottioers every day, and their detaued notes give users a wmpetitive advantage in the grants process. IMarttal Aeoountabklty: GN Research 4.0 gives arganizatiorts critical irMormaoon on grant researott artiwty to increase communlcaUon across Me organization. Urr~tarallaNd t~upport. eCivis clier>r services aseocietes arrears that implementation, tramirp, and users are successful. Your success is our team's filACl:eae. ~~~ ,..,.Y.~.,.,,. ~C.~: ~dir'.sRSS++r~ ~c3sa: t::.^.: '- Atl Flles: Notice of Ftutdirtg Availability, Guide, Application, and Award tiles, as well as examples of Proviously Furxfed Applications, are ell made availabb in Adobe'"" PDF format in one place reedy for download. lJMlmtted ACCKS Yotx employees have acooss anytime, anywhere. With Grarrts Network. Reaaroh 4 0, you dramatically decrease tM dm.:psr~ researching grants arxt increase the number of relevant opporturtit~s, allowing you to secure the right grant for your pro(eotl eCtws: Trusted sy Oorerniintenb liatlonvwde Govemnienb ocroas eha nation inoraasingy ray on sCivk to propel disk grants psrformana. Aa moro government pin our paRnenhip. we continue to invert to orFet new and better product and enhanced ouatomer aerviee and wppoR-always driven by our customers' needs From our humbN begviningc, vve have cttered b put the needs of our customers first, whidi teas enabled us t0 rapidly serve hundrods Ot tM moat efpective grant organizations natbnwtde. Your grants success is our key measurement of performance, and we kwk forward to your organization becoming our next success story. For moro mformatxm about eCivis'a product and aerviaa, a-maa grorttinto~savk.cgn, ~N tolFfnes at (87T) 2ffi~4847, option 1, or visit us on e+e web at wMn!acHb com e.MyrreaW, ~pw,tr. Nlyr nrwa apart ~tlwra .na a«rw LYn ear«iwe .v n.z a: w. t:P,xT: ~MM~'A. dM134: Mi f\N~'f~If~kMY~++.1'M1 NY:y%+d h 1/ e~ ~ V ~ S Imptovinq grants Grants Nefinrork: CBO Advanta~: yQyL Community The Problem Local governments and nonpro4ls haw long shard common goals bl their ~rrrmuNties. 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N Mr 1MM W l ~MTrM111M W fwM~ Ib! ~1111R u,:xW. M'Atl fryp Ntlf+KVf,, #N4=~ fq(#y'x, 4Mh61MI46 N4'A~K. Nt 21 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER ~~ DATE: JULY 30, 2007 (,~ SUBJECT: AGENDA ITEM # - t • ~ -REGULAR MEETING OF AUGUST 7, 2007 SPECIAL EVENT PERMIT -COMMUNITY REVIVAL AND BACK TO SCHOOL EVENT ITEM BEFORE COMMISSION City Commission is requested to approve a special event request sponsored by One Love-One Community Foundation Inc. to hold a "Community Revival and Back to School Event" at Pompey Park on August 17 - 19, 2007 from 8:00 p.m. to midnight on Friday, August 17~' ,from 11:00 a.m. to 6:00 p.m. on Saturday and Sunday, August 18~' and 19~`, to provide staff support for security, EMS assistance, clean up including trash boxes and liners at no cost and use of the new large stage waiving rental fees. They are also requesting a cash contribution from the City of $1,700 and for the City to provide the event insurance, as well as signage. BACKGROUND Attached is a letter, special event permit, budget, proof of non profit status and additional information about the event received from Ms. Barbara A. Haider. Activities planned include a teen dance on Friday night and food vendors, family entertainment and activities for children on the site on Saturday and Sunday. Estimated overtime costs for this event are $5,000, event signage $250, trash boxes $120, and new stage rental cost of $1597.00. Based on current Event Policies and Procedures, there would be no charge for staff overtime and signage, however, based on Stage Use Policy, there would be a charge for the stage rental and trash boxes for a total of $1,717.00. The event sponsor is requesting a waiver of these charges. We are not recommending on site EMS services. The event sponsor has also requested a $1,700 cash contribution, as well as the City assuming the event liability. The estimate for event liability insurance is about $1,000. We do not at this time have funding available in the special event or grant budgets for a cash contribution. We also think that the event sponsor needs to be responsible for obtaining their own event liability insurance, otherwise the City will be responsible for liability and this waiver leaves the door open for other events to make a similar request. In addition, as in other recent requests, we do not recommend waiver of the new stage. rental fees. RECOMMENDATION Staff recommends consideration of the special event request and staff support as requested, except for EMS services with the following exceptions and conditions: 1. Deny request to waive stage rental fees and trash box costs. 2. Deny funding request. 3. Deny request for the City to assume event liability. 4. Require receipt of Certificate of Liability Insurance and Hold Harmless Agreement one (1) week prior to the event. U:lwwdatalEventslCommunity Revival & Back to School EventlAgenda Item re Approval of Community Reviva12007.doc p.l One Love-One Community Foundation Inc. Strengthening Families and Empowering Communities .duly 1 s, 2007 Fax: 561/243-7199 Attn: Mr. Robert Barcinski City of Delray Beach Special Evens Permit Department Dear Mr. Barcinski, Attached is the information for the event that we would like #o do for the residents of Delray Beach, Florida. it is the Inaugural "Community Revival" and "Back to School Event" at Pompey Park in Delray Beach, Florida on August 17, 18, and 19, 2007. We have partnered up with Big Brothers Sig Sisters of Palm Beach County, the Knights of Pythagoras Mentoring Network, and Beechee's Entertainment to put together a three day fun-filled family oriented event. In addition to the games and entertainment, on Sunday, August 14"x, we will distribute over 300 backpacks and lots of school supplies #o the students. Your support will make a difference. Attached is the completed "Special Event Permit Form" and supporting documents. We will comply with all requests, prior to the due date. We are requesting that the Clty of Delray Beach partner with us to make this event a success. We would like for the city to consider sponsoring the fun area for $1700, see invoice attached. We would also like to ask for the c'~ty to the provide the insurance coverage for this event, not having to make that expenditure would allow us to provide more student supplies ~ ~to cover the entertainment. Should you need me, I can be reached at 954/607-8989. Si c ely,: BQrbara A. Haider One Love -One Community `' 3969 Ocala Road `~:~' Lantana, Florida 33462 p. ~ One Love-One Community Foundation Inc. Strengthening families and Empowering Communities Event Description: One Love -One Community presents the Inaugural "Community Revival" and "Back to School Event": Our objective is to bring an exciting close to summer for families in Delray Beach with a "Community Revival" and a "Back to School" kick-off. These fun filled three days are the combined efforts of the Knights of Pythagoras Mentoring Network, One Love -One Community Foundation, Big Brothers Big Sisters and Beechee's Entertainment. The events will #ake place Friday, August 17"' through Sunday, August 19~` 2008 at Pompey Park Recreational in Delray Beach. The events on Saturday & Sunday begin start at 11:00 a.m. and conclude at 6:00 pm. There will be on-going events for everyone -the toddlers to teenagers, college students, adults, families, veterans, and the young at heart. In addition to the entertainment & games, we will be distributing over 300 backpacks and lots of school supplies to help the kids start the school year more prepared and wifh less to worry about. What to Expect... Vendor Showcases There w'sll be a vendor showcase of crafts and goods. We are selling vendor booths "inside" the air conditioned recreation center. Local vendors can support our efforts by purchasing a booth and showcasing their goods. Clothins~ 8~ Sample Sale We will be having a clothing sale! We are collecEing used/new merchandise to be sold and the proceeds will be used to buy gift cards for the purchase of school clothes and related school supplies. We will have clothing sizes ~ styles for everyone! Come shop and help our kids start the school year of right! N- ~ What's on the Menu? Bring a lunch or enjoy the modestly priced food prepared and grilled onsite for you on Saturday 8 Sunday. The menu will include grilled chicken, hot dogs, hamburgers, corn-on-the-cob, baked beans and more! All food and beverage sales will be provided by non-profit agencies. Back to School Teen Dance Friday, August 17th The teens will enjoy a fun dance at Pompey Park from B:U~pm to 12 midnight. Music will be provided by "TriStarr International" and teen DJs "Problem Child". This will be the last Friday before school starts and this dance is a chance for teens to have some fun before they pick up their books and head off to their classes. We will have a few raffle drawings throughout the night for some cool raffle prizes. Plav Day in the Park Saturday, August 18th Pompey Park will be the transformed into a community play land for kids of all ages. There will be something for all kids, the young and the young-at-heart. There will be "age appropriate" activities planned and the entertainment will be appropriate for the entire family. . There wilt also be a play area with activities targeted toward kids 2-11 years old. The area will include a bounce house, a trackless train, face painters, game area and playground games. Kids 12 8 up will enjoy age appropriate entertainment in an area designated for them. There will be marital arts demonstrations, performances by teens (i.e. dancers, singers, musicians, and teen DJs). The area wil! include a rock climbing wall, sumo wrestling and obstacle course. There will be an open mike and stage fora "show-off" contest (talent show). The weary park visitors will have a Chill Out Zone to cool off, socialize and play board games or cards. There will also be prizes raffled off through out the day. Adults will enjoy great entertainment provided by local artists at several designated areas throughout 'the day. There will be an array of acts ranging from poets, gospel singerslrappers, singers, dancers, martial arts demonstrations and more. We will have Local radio DJs broadcasting live from the venue along with the Tristan- International sound system & teen DJs "Problem Child". p+ . i ~ Old School Dance at Old School Square Saturday, August 18 8:00 -TBD Adults can put on their danang shoes and come "cut a rug" with us at the Old School Square Gymnasium to the sounds of 60's, 70's and 80's music. We will have a live entertainment by an old school recording artist or group (TBD). This event will include a silent auction 8~ sport memorabilia. (We would like to discuss the possibility of serving wines.) Back School Dance-Off Contest Saturday, August 18 7:00 pm -10:00 pm Come and enjoy the dance-off contest among some of the best dance talent in South Florida at Pornpey Park from 7:OOpm to 10pm. This event promises to be fun for the entire family. Dance groups will compete for a cash prize of $500.00 and bragging rights! Music will be provided by "TriStarr Intemational." Laid Back "Picnic Dav in the Park" Sunday, August 19 11:00 - 5:00 pm We are inviting the community to come out for a family picnic in the park. Bring the family, your picnic blanket, and a picnic basket or just come with the family and let us do the rest. We will provide the fun, food and entertainment. We will have relay races, board and card games. DJs Tristan- International 8 Don Juan will be spinning old school, and neo-soul jams to create the "Laid Back Sunday° mood. Mustanst Madness Car Show: Sunday, August 19~- 11:00 - 5:00 pm Bring out your classic, the supped-up and the extravagant Ford Mustang cars, fora "Mustang Car Show" on Sunday in the park. The best of the best Mustangs will be receiving prizes and be featured in magazines/newspapers. School Backpack Give-Away Dav in The Park Sunday, August 19th We want to help our students begin the school year on the right foot. We will be collecting and distributing school supplies and gift cards far school clothes- More than 300 backpacks will be given away to students at our event. ~~ City of Delray Beach DELRAY6EACH Special Event Permit a~ ~~ A Application + t PLEASE PRINT ' `~''~_ -~~>~~ Event Approved/Denied Date of Approva!lDenial Approved/Denied by Title p. c 1. Event Name/Title: ~f'•~~'/1 b ~~'1 ~ ~ 4'1~l TLl ~~la,~l~c;~ ~ ~,- ~G~CkI_ fir'; 5L~/l r~l~l ~z ~iy~,~~ 2. Event Date(s): ' Event Time(s): 3. Event Sponsor/Producer: > -~ 4. Event Contact/Coordinator: 5. Address: 6. Telephone Number: ~l - (a~ 5.4ia.5 `Cellular Number: 7_ E-mail Address: VVi 'c ~~ ^ 2 8. Event Description: G,P~'i C~ ,}}-ii~~~.~1~ t (!f neighborhood block party, then please skip questions #10-35 and go to question #3fi) 9. Sponsor Category: (please check) City ^ Non-Profct/Charitable~f Private ^ Co- Sponsor- Non-ProfitlPrivate ^ (If Non-profif attach proof of 501c(3J, c(4), c(fi c(10) or c(99)) -~~,~i.(;~,~li~ 10. Event Location/Address: ~ `~. ' i ~ , c~- :. ~: - ~~ cam- .~. Site plan attached: ' ~ f3 L7 yes no (Site plan required for entire event sife) 12. Event budget attached: yes ~,l no (Required for all events) 13. Serving or selling alcoholic beverages: yes no / (!f yes, copy of license and alcohol liability insurance required iwo (2) weeks prior to event) [tom ~~ s 14. Event certificate of insurance attached: ye no (Required two (2) weeks prior fo event naming the City as additional insured, also required for vendors) 15. Playing of amplified music: yes~~~ no 16. (Waiver required) Requesting Police assistance: yes_~,~ no (Traffic control/security) vlmi°i~ -4- use 1tiuS ~- N - ~' 17. Will supplement with private security: yes t/ no (!f yes, need plan attached} ~l~J j'~- 18. Requesfing Emergency Medical assistance: yes ~/ no 19. Requesting barricade assistance yes no ~ 20. Requesting trash removal/clean up assistance: yes t,~ no 21. Requesting trash boxes and liners: yes ~ no 22. Requesting stage use: yes/ r no (If yes, check type) Large stage covered(Large stage no cover ^ Small stage ^ Half small stage ^ 23. Reques#ing signage : yes_~/ ,. no Type: Event sign (4'x4'). Directional signs / l I Banner hanging 1/ Indicate dates required f' :~ -- ~ f ~ y' = (Waiver required if more than one (1} week prior fo event) T 24. Food and beverage vendors: yeses /_ no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one weeflC prior to the event `~ lei3~- ~YtiL~ i~~1M i~~ r'l.~ ~~ 5, - ,~ -~- - -~~ 25. Heal Department ap royal: (see attached) .yes no •- e~-%iLLr~ 26. Other vendors: yes~_ no 27. Tents: yes / no (lf yes, tent permits and fire inspections maybe needed) 28. WII the event include amusement rides? requiring state approval? yes no (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no (Show on-site map) 30. wll there be fireworks or other pyrotechnics? yes no ~/ (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes na s/ (If yes, contacf Fire Marshall) 32. Will you be providing port a-lets for the event? yes / no (If yes, locate on-site map. !f no, indicate how. you will handle restroom needs) .~~ U~'(VO.~vtiG~~~V1 ~-~rcta, `.~ t~ 33. Will there b a c arge for he event? yes~_ (If yes, indicate ticket prices) ~ t °°lt~e,+~ ~.c~~-~ no 34. Is reserved parking requested? yes '/ no locations) i c a te (If yes, ind ~ ~ ~ y , ~~~ ~-,~~ ~~~ V Y IJwV~ l! ~~r(~~,~~.t-l`~ lC~ i ~j ~L ~J - ,mac} 1 ` ~~d-C~ t.LJl1,\ t N. T 35_ Neighborhood Block Parties (Neighborhood block • Is event sponsored by the Homeowner's Association? yes nom/ (If not, then individual(s) submitfing permit applicafion must also submit a petition signed by 57% of fhe homeowners who live on the block) • Please note the following:l) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30} days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5} Homeowners Association will be required to pay all / J overtime costs that may be incurred as a result of City staff involved in the pri Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 15~ Avenue, Delray Beach, Florida 33444. For Staff Use Only Date Received Application €ee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 N. 11 ~4 Per'fec~ Party, Inc. ~64s-,~ Southern Blvd_ Glesc Palm SEach, FL 3315 (Shy 798 I7rt4 Fax (5611686 X93 www.at~er~ectparcy_net eid Tv Big Brothers, Bia Sistds Attn.: Barba Heider Palm Beach lakes West Palm Bead,, FI. lrty Address BEY PARK ~ Il V~IC@ EY~ent Date Irn~aioe # 811&007 6241 Order Date Time FEOrne Ptwne # Cell Ph # Work Phone # Faz N 8lltil2007 11-6Pm 934-60?~989 561966-5725 Item {]esuiption Quarr6ty RatE Amount Ob 1 Bounce Houses ao attmdeatl 1 125110 125.00 OOt Bounce Howse, reo atlendaol 1 IZS_00 125.00 130 Rode Qimbing Wal[ w. 2 saoprdants 1 1,000.00 .1,000.00 0040 Trackless Train w driver i 7101)0 710.00 0062 Squared Force Obstadc Coevsq m amt l 570_00 570.00 t57 Ultimate vutual Danz Machic>G no atendaot 1 425.00 425.00 906 Cfra<ity DixonM t -1,255.00 -1,255.00 Sut116 ota1 sl,7oo_00 Sales Tax 6.5'/. sa-~ si~wn >aa~ Tota i s1.700.00 Deposif/Cir+edit So.oo C.anaellation Po}icy: 4$ hour noocc prior m event is negrtired to a~roid cancellation f l~~,i~,,andspeelale~~areet>i~~e~ll~~p4,i~.. Balance Due sl_7oQOo !'d E69E 989-199 ~>Jed 1~~d b' d9Z~t+0 LO ZO I~f ~+ . ~ Community Revival Budget August 17 thru August 19. Fac~l ---- Rental ---- ------------- -~--- .-----1,5( Insurance - . - ---- .-- i Equipment: - _~--- $ ----- 3,0t Tables 8~ Chairs Notes -TBD 00 .. Tents 8~ Generations _. --9 -__ -.. _ _ .. ....--- Sta a -Outdoors -- Services: Food 8 Beverages ~ Condiments ~ $ 11,000.00 Food Service & Grill Supplies _ Serourity $ 1,000.00 Graphic Designs ___- $ 500.00 f.. -_____ t ~ Entertainment _.. Djs 8 Sound System ' $ 6,500.00 Entert $ __ 400.00 ainers _ _ _ Bands Fees -TBA ; $ 15,000.00 _ Cash Prize ------~----.- -- $ --- 500.00 i _.-_ _. Rockwall, train, bou__nce house, etc $ 1,800.00 _ 400.00 . Face Painters $ _ _ _ _ Games $ ________-_-...250.00 ' AccommodationslTransportations Air 8 Ground Transportation _ $ '1,500.00 Hotel Accommodations $ 2,000.00 Marketin Flyers,Posters 8~ Website Design 1,500.00 $ T-Shirts __ __ $ 1,500.00 _ Radio $ 2,500.00 -~--- -- --- --- .. - - ~--- --- ... - - $ 1,750.00 local newspapers S calendars $ 500.00 Prizes 8~ Give-Aways Cash Prize Give-Aways _ ____-_ $ _ ___ _ __ 500.00 Prizes -Giveaways $ 2,000.00 Event Supplies ----_.. ._.--T---- ---------- ..-----....... ------------__.. -... Pens/pencils, name tags; etc $ 1,500.00 $ 37,100.00 p. o INTERNAL REVENIIE SERVICE P. O. $OX 2508 CINCINNATI, OH 4520]. Date:~+~~ Q ~ ~~~ ONE LOVE-ONS COMMUNITY FOUNDATION INC 3969 OCALA RD I,ANTANA, FL 33462 DEPARTMHI3T OF THE TREASURY Emgloyer Identification Number: 43-2115767 DLN: 17D53072040017 Contact Person: BENJAMIN L DAVIS ID# 31465 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public-Charity Status: 170 (b) {I) (A) (vi) For[tt 990 E.equired: Yes Effective Date of Exemption: December 4, 2006 Contribution Deductibility: Yes Advance Ruling Ending Date: December 31, 2010 Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501 (c}(3) of the Internal Revenue Code. Contributions to you axe deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity_ Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. . Shortly before the end of your advance ruling period, we will send you Form 8734, Support .Schedule for Advance Ruling Period. You will have 90 days after the end of your advance ruling period to return the completed fozm. We will then notify you, in writing, about your public charity status. Please see enclosed Information for Exempt Organizations Under Section 501{c)(3) for some helpful information about your responsibilities as an exempt organization. Letter 1045 (DO/CG) r- -2- ONE LOVE-ONE CO[~II~IiJNITY FOUNDATION Sincerely, O Robert Choi Director, Exempt Organizations Rulings and Agreements 3nclosures: Information for Organizations Exempt Under Section 507.(c)(3) Statute Extensior_ Letter 1045 (DO/CG) lu I ~u Ci7;7:~~11]iI~J TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: AUGUST 3, 2007 SUBJECT: AGENDA ITEM #~. f -REGULAR MEETING OF AUGUST 7, 2007 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Education Board. BACKGROUND The terms for Ms. Susan Sikich and Mr. Adam Davis expired on July 31, 2007. Mr. Davis has served an unexpired term is eligible and would like to be considered for reappointment. Ms. Sikich has served one (1) full term is eligible and would like to be considered for reappointment. Please note that there are two (2) vacancies for Student Members that cannot be filled due to lack of applicants. Secondly, Mr. Ned Rosen has submitted his resignation from the Education Board effective July 19, 2007. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2008. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, two appointments will be made by Commissioner Eliopoulos (Seat #1) for two (2) regular members to serve two (2) year terms ending July 31, 2009, and one appointment will be made by Commissioner Fetzer (Seat #2) fox one (1) regular member to serve an unexpired term ending July 31, 2008. RECOMMENDATION Recommend appointment of two (2) regular members to the Education Board for two (2) year terms ending July 31, 2009, and one (1) regular member to serve an unexpired term ending July 31, 2008. EDUCATION BOARD EXHIBIT "A" Applicant Background Adam Davis Librarian Incumbent Katherine Fazio Administrative Assistant/Business Owner/Marketing & Sales Bernard Federgreen Director of Operations (currently serving on the Board of Adjustment) Gerald Franciosa Retired/Law Enforcement/Accounting (also applying for the Public Art Advisory Board) Philip Friedman Retired-Assistant Financial Aid Director (currently serving on the Nuisance Abatement Board) Joseph Gaston Financial Service Associate/School Language Facilitator Tam Knight Retired-Educator Peter Raycroft Educator Ria Santos Financial Consultant/Teacher Susan Sikich Associate Director/Educator Incumbent Kenneth Zeno Self-employed Training Consultant/former School Teacher/Administrator Page 1 of 1 Cobb, Venice From: Meeks, Janet Sent: Friday, July 20, 2007 9:28 AM To: Cobb, Venice Subject: FW: SAVE THE DATE Venice: Please see the Resignation letter from Ned Rosen from the Education Board. From: nedcoach@comcast.net [mailto:nedcoach@comcast.net] Sent: Thursday, July 19, 2007 9:16 PM To: Meeks, Janet Subject: Re: SAVE THE DATE Dear Janet -Please consider this a-mail as my letter of resignation from the Board. I have become involved in some other time consuming activities that are more consistent with my capabilities at this stage of my life. 1 have found the experience on the Board to be interesting and informative, but I believe you should have someone younger or more involved in current educational issues than I. Good luck! Ned ---- Original Message ----- From: Meeks Janet To: nedcoach at?comcast.net Sent: Thursday, July 19, 2007 4:41 PM Subject: FW: SAVE THE DATE From: Meeks, Janet Sent: Thursday, July 19, 2007 4:40 PM To: Adam Davis; Cathy DeMatto; coyne~aol.com; Fred Fetzer; Harold Van Arnem; Jacarra Wilson; Jerry Crocilla; Jordan Coyne; Marlo Belkin; Ned Rosen; pmu_rp~@olds_.chool.org; Perry Stokes; Sandy Tobias; ss_delray~a ms_n_.com Subject: SAVE THE DATE Please Save the Date of September 28th for our annual Principal Breakfast hosted by the Education Board and Chamber of Commerce! Janet .~vleeks Education Coordinator City of Delray Beach 100 NW 1st Avenue Delray Beach, FI 33444 Phone: 243-7231 Fax: 243-7221 7/20/2007 07/07 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION TELEPHONE 07/31/2009 Catherine DeMatto Office: 573-1520 Unexp Appt oz/20/o7 227 Sherwood Forest Drive Training & Development/ Cell: 573-1520 Reappt o7/24/07 Delra Beach, FL 33445 Marketing & Sales 07/31/2008 Gerald Crocilla Office: 243-1544 Appt08/Ot/oG 9370 Longmeadow Circle Cell: 385-8267 Bo nton Beach, FL 33436 Teacher 07/31/2008 Debra Kaiser, Chair Home: 499-2894 Appt o7/oG/oa 684 Lakewoode Circle West Fax: 638-4018 Reappt 07/11/oG Delra Beach, FL 33445 uali Executive Q ty 07/31/2008 Ned Rosen Home: 637-6228 Appt 08/Ol/oG 933 Greensward Lane Deka Beach, FL 33445 Consultin /Research 07/31 /2008 Harold Van Arnem Home: 272-0550 Unexp Appt lz/13/o5 733 N. Ocean Blvd. Work: 272-2912 Reappt07/il/oG Delra Beach, FL 33483 Develo er 07/31 /2008 Peggy Murphy, Vice Chair Home: 638-6859 Appt 07/oG/o4 4622 Ellwood Drive Office: 243-7922 Reappt07/11/OG Delra Beach, FL 33445 Director Fax: 243-7018 07/31/2007 Susan Sikich Home: 272-0554 Appt 07/05/05 1117 Harbor Drive Cell: 312-505-6810 Delra Beach, FL 33483 Associate Director 07/31 /2009 Sandra Tobias Home: 637-3060 Unexp Appt 02/21/06 4464 Cocoplum Way Office: 573-8209 Reappt 07/24/07 Dekay Beach, FL 33445 Cell: 573-8209 Real Estate/Educator 07/31 /2009 Perry Stokes Home: 243-4856 UnexpAppt01/03/06 2845 SW 22"d Avenue #108 Cell: 634-0556 Reappt 07/24/07 Delray Beach, FL 33445 Educator Office: 638-2100 07/31 /2007 Adam Davis Home: 588-9666 Unexp Appt 09/19/oG g22 N. C Street Cell: 876-9035 Lake Worth, FL 33460 Librarian Office: 819-6405 Fax: 266-9757 07/31/2009 Marlo Belkin Home: 274-6932 UnexpAppt of/03/OG 21 NE 11`h Street Office: 279-2970 Reappt 07/24/07 Delray Beach, FL 33444 Cell: 789-0578 Educator STUDENT MEMBERS (one term limit 07/31/2007 2 YEAR TERM Unexp Appc Vacant 07/31/2007 1 YEAR TERM Unexp Appt VBCant CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks -Education Coordinator 243-7231 Commissioner Fred Fetzer (Primary Member) Commissioner Nelson McDuffie (Alternate Member) DELRAY BEACH Y 1 b t 1 b ~~~~~ CITY OF DELRAY BEAC IVEQ t I ~EC~ ~ BOARD MEMBER APPLICAT1~~12 6 2006 1993 2001 CI~'Y ~ ~~ Please e or rint the followin information: 1. Last Name: ~.U i S Name ,~ `ate f~Q . I~ 2. Home Address: City State Zip Code 3. Legal Residence: ~~l /V ~ City State Zip Code 4. Principal Business Address: 1 b o Vt/ A~f~ah ~~ ~e City ~~r~~y Bch State ~~ Zip Code ~ 3 ~4g . 5. Home Phone: ~~l-5~~-I~lo~ Business Phone: 5rP/-~/y- ~ogo5 E-Mail. Address: a am~da~rs de/ Cell Phone: ``~/-~~~-9035 9 Fax: ~~z~~-r~.sz 6. Date of Birth ~z/Z~~ ~~ 7. Are you a registered voter? If so, wher are u registered? y~,~ ~~ wa~,~,,~=~ 8. What Board(s) are you interested in serving? Please list in order of preference: ,~(.IUCR~ZOf7 ~DCi'2~ 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) /V/1-~- - 10. Educational qualifications: G7 f~rcGtee~ 11. List any related professional certifications and licenses which you hold: N /~- 12. Give your present,. or most recent employer, and position: /`~P~ CG~r P!/`Jl/G LiL~/~l~y ~ l-{~iyl~ D~ /Q>° ehC~ ~rr~ y~ SPR~i lam" 13. Descnbe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ l~GLGl71~L1 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application-may cause forfeiture upon my part of any appointment I may receive. r, G ATURE DA Note: 1lus application will remain on ftle in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~rn t~l~ l Adam S. Davis 822 North C Street Lake Worth, FL 33460 561-876-9035 adam.davis@delraylibrary.org OBJECTIVE To obtain an appointment on the Delray Beach Education Board. EDUCATION University of Illinois, U-C Graduate School of Library & Information Science Graduation Date :12/04 University of Hartford Majors :Sociology & Spanish {Bachelor of Arts) Graduation Date :05/01 WORK EXPERIENCE Delray Beach Public Library (Delray Beaeh) Head of Reference, Young Adult Services From: 01 /05 to present • Supervise and manage staff of three professionals and volunteer staff of up to 20. • Provide face-to-face, online, and telephone reference and reader's advisory services to large, diverse population of adults and teens. • Create and provide programming for Delray Beach adults and teens. • Effectively develop non-fiction, foreign language, and reference collections for adults and fiction and non-fiction collections for teens. • Successfully carry out promotional and outreach activities to increase community participation in the library. University of Illinois, U-C Graduate Assistant Undergraduate Library From: 08/03 to 12/04 • Assist large, diverse student, faculty, and community population with research at reference desk. • Provide telephone, chat, and online reference services to students, faculty, staff and commuiuty members. ~ Perform bibliographic instruction services. Instruction workshops include: Info-Trac, EBSCO, OCLC FirstSearch databases, Ovid databases, and Lexis-Nexis databases; and Voyager online catalog. • Supervise opening and closing of library, and manage 5-10 student workers. • Manage online "Question Board" e-mail reference service. • Create innovative displays to attract patron interest in library services. • Participate in LGBT Bibliographic Committee. Champaign Public Library (Champaign, IL) Bookmobile Intern From: 09/04 to 12/04 • Assist bookmobile staff members in circulation duties. • Perform successful reader's advisory services in English and Spanish. • Present and implement a plan for increasing bookmobile patronage. 2 RELEVANT PROFESSIONAL EXPERIENCE Co-chair, RUSA RSS Library Services to the Spanish Spealang Committee, ALA From: 06/04 to Present • Responsible for setting national guidelines for library services to Spanish- speaking patrons. Participant in Read Together Palm Beach County Spring, 2006 • Co-coordinated local programrrung around To Kill a Mockingbird. • Effectively provided outreach and promotional materials to increase participation in programs. LANGUAGE SKILLS Proficient in Spanish -written and oral. COMPUTER SKILLS Knowledgeable in HTML code, Voyager, Sirsi and Horizon integrated online library systems, Word, Excel, Access, experience with over 125 article and research databases. REFERENCES Karen. Evanson Assistant Director, Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444 561-266-9489 karen.evanson@delraylibrary.org Lynda Hunter Children's Librarian, Delray Beach Public Library 100 West Atlantic Avenue Dekay Beach, FL 33444 561-819-6299 Lynda. hunter@delraylibrary_org 1VIyka1 Banta Assistant Director, Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444 561-266-0198 Mykal.banta@delraylibrary.org ,~~~l~ __;: __ Delray Beach Public Library July 26, 2006 Dear Ms. Cobb: Thank you for taking the time to review my Board Member .Application. I am very :interested in serving on the City of Delray Beach Education Board and feel that my expertise as a librarian will benefit those who are served by the Education Board as well as the City as a whole. I'm currently the Head of Reference and Young Adult Services at the Delray Beach Public Library. My training and duties are geared towards offering research assistance to both adults and teens. During the school year, I coordinate book discussion groups, educational and entertainment activities, and homework help for teenaged students in order to create a positive youth culture at the Delray Beach Public Library. I want to extend my efforts in facilitating a positive youth culture by joining the Delray Beach Education Board. I would like to create relationships not only with the students, but with teachers and administrators as well, because I believe that with cooperation amongst educators and motivated interested citizens, Delray Beach youth can always be better served. I want to be a part of the process. .Again, I want to thank you. for your time in looking over my application. If you have any questions, please feel free to contact me at your earliest convenience. Sincerely, , Adam S. Davis Head of Reference Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444 adam.davis@delrayl ibrary. org (ph) 561-266-0196 (f) 561-266-9757 100 WEST ATLANTIC AVENUE DELRAY BEACFt, FL 33444 PHONE 561-266-0194 Fnx 561-266-9757 WWW.DELRAY LIBRARY.ORG ,pH.RAY BEACH ~ ~ ~/~ ~~~~ ~ - ~1 tio~6 CITY OF DELRAY DEACH ~ ~ `7 ~~a ~~~OARD MEMBER APPLICATION 1993 ~ ~~~~ 2001 Please type or print the following information: 1. Last Name: 21~ Name ~~ M L 2. Home Ad ss 2 ~ State Zi Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Ph/o~n^~e: Fax: (/ ~~}(' 6. Are you a registered voter? If so, wher e you cegister ? ,S fl C-~-- 7. at ar (s) are ou inter sted in s ruing? Please list in order of preference: 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: bri~~ 12 tribe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume) V ~. ~ ~k -~ ~.~ ~k ~ C~~ ,~ us s~ hereby certify that all the above statements are e, and I agree and under tand that any misstateme t of material facts contained in this a''ppplication may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE Note: This application will remain on file in the City Clerk's-Office for a period of 2 years from the date itwas submitted. It will be the applicants responsibility to ensure that a current application is on file_ {{ ."i1('.fl'Yl:f.F.RIC~R(1ARnlAPD(.K'.AT(1N 1. RESUME KATHERINE FAZIO 1118 Harbor Drive Home: 561276-4939 Delray Beach, Florida 33483 Mobile: 561-289-2320 Email: k6464@aol.com Objective: To participate as a citizen on the City of Delray Beach Boards Experience: 9/2(105 -Present Carl W. Timpson Delray Beach, FL Timpson Investments, Inc. Assistant Work part-time providing administrative assistance. Written client communications, phone work, bill paying and more. 6/2005-9/2005 Randolph T. Ely Delray Beach, FL Allmon, Tiernan andEly Receptionist Worked part-time providing many administrative services for an extremely busy and successful real estate office -phones, contracts, mailings and MLS software. Was offered afull-time position. 8/1990 - 8/2001 Write to Me Owner Delray Beach, FL Initiated and operated a local stationery business. Represented 35 different companies to a customer base of over 300 people in the Delray Beach area. Computer use was extensive for all billing, accounting and marketing. Running the business required organizational skills, creativity, and a gregarious, outgoing personality. Sold the business for more than four times the original investment. 8/1981- /1985 Baystate Financial Boston, MA Assistant Vice President, Investments Responsible for providing marketing and sales support to 135 Registered Representatives in the investment business. The position required in- depth knowledge of investment products which included annuities, mutual funds, unit investment trusts, tax shelters and discount brokerage. Created and maintained all marketing aids, reviewed new products, provided sales support to the Registered Representatives and managed an office staff of five_ 8/1979 - 8/19b1 Keystone Massachusetts Bo~~on, MA Manager, Field Marketing Services The position provided sales support to the Northeast Regional Vice President and all of her broker/dealers. Assisted in the marketing of mutual funds, retirement plans, annuities, trust services and private money management. Responsible for overseeing five other Marketing Assistants. Worked closely with the entire field of Regional Vice Presidents to coordinate their sales efforts around the country with the home office. 8/1977 - /1979 Massachusetts Financial Boston, MA Services Marketing Assistant Started as secretary but was promoted to Marketing Assistant which required sales support and service of customer accounts for the broker/dealers. Dealt with mutual fund products and retirement plans. 8/1976 - 8/1977 Alliance Capital Boston, MA Management Receptionist First job upon completing of college degree. Receptionist for busy investment firm. General office work. Education: 6/1975 Rollins College Winter Park, FL Bachelor's Degree After. Rollins, obtained Life, Accident and Health Insurance license also National Association of Security Dealers license. Affiliations: 9/2001- Present Paul's Place After School Delray Beach, FL Board Member and Volunteer 9/1999_ - 9/2004 Big Brother Big Sister Delray Beach, FL Mexttor Personal: Married with two grown children. Active community volunteer. Love to play tennis, golf, fish, travel and read_ DQRAY BFACH Ap-Ame~icaCitl- 1993 2007 CITY Ot= DELRAY BEACH ~,~~- ~~~~ .BOARD MEMBER APPLICATION OCT 1 ~- 2005 Please type or print the following information: 1 _ Last Name- ~ / / ~~/ V N~3~= /~~~ / M I. ~._ 2_ Home Address /~ UC - ~ e~~~t c1~ .State ~~--~r Zip Code ~33 ~~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: r--, City State ~- Zip Code r---. 5_ Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~/ ~'~ 333 i9lti/ ~39 ~P~Tc~.b .-- ~ .-' -~ v. the you a regtsterea voter It sQ, ~~~are you/!eviS~ed?_ ! 7. What Board(s) are y ~ ecested in serving? Please list in order of reference: r/l Cam/ /.' L/ GEC /Sd 44-~ 8. list all City Boards on which you are currently serving or have pre ousiy served: (Please include dates} l~.~r' ~~r,~~~°~~~ ~~.~,~ ice=) _/~~~z«i~~~~ i-~r~r~~ wiz t/ ~~ ~ ~~-e y. Educational qualifications, i0. List any related professional certifications and licenses which you hold '_" Ii. Give your resent, of ost ecent mployer, and osition. 12 Describe experiences, skills or knowledge which qualify you to serve on this board (Please attach a brief resume) ~ hereby c - the above statements are true, and I agree and understand that any tnisstatetnent of material facts con - ed ' is tip - ~ may cause Forfeiture upon my part of any appointment I may teceive_ SIG ~ l DATE ,_:1ote: `This application will remain on file in the City Clerl~s Office for a period of 2 years from the date it was submitted_ It will be the applicant's responsitiilitry to ensure that a current application is on file_ scmrasx~eoaxrn~eeucwnorr r OELRAY BEACN .o o i 1993 2007 CITY OF DELRAY BEACH V L ri 2006 BOARD MEMBER APPLICATi~ ~~ C`T~ ~~' Please type or print the following information: %~~~'v ~ 1. Last Name: ~ ~ c.rd A- Name ~,e~-~C~ M. L 2. Home Address: ~ ~~ ~~ 3. Legal Residence: ~ City ~~ Ci ty Sta~G State Zip Code ~~ Zip Code 4. Principal Business Address: City State Zip Code S. Home Phone: Business Phone: E-Mail Address: Cell Ph e: Fax: 6. Date of Birth 7. Are you a registered voter? f so, where are you registered? to ~~.~, 8. What Board(s) are you irate sted in serving? Please list in order of preference• /Ct~C?C ~ /~-k=~P~~rYlzti?" ~~'~ ufr.~ ~'t'~ "~- d - ~%ct2fc ~ r/ . List all City Boards on which y u are curr y serving or have previously served: (Please include dates) 10. Educational qualifications: ~s t 1~' "~~ti~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: '~~/~~Q 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) v1L_ ,~j v ~ ~~ I her era that all the above statements are true, and I agree and understand that an 'ss ement of ma rial Facts contai ed ' 's application may cause forfeiture upon my part of any appointmen~/I may receive. ~~ wn /1 /U~ ~~ DATE i ~ Lrus appttcauon will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. DEI.RAY BEACH ~lJ~ ' ..a.. ~ S~ na a~c~, C~il~r~~s ~ ~ I ~ rem ~' CITY OF DELRAY BEACH ~ BOARD MEMBER APPLICATION ~E~~;~~ zoai AUG =_ 5 2005 Please of riot the followin information: K 1. ame: ~ N N ' ~ ~ L 2 Ho Address: ~ M 2 ~ r9- ~ ~ ~te Z~~~ • 3. Legal Residence: ~ ~ v ~. City State Zip Code ~ 4. PrincipalBusiness Address: City State Zip Code S. Home Phone: ~~ ~ Business Phone: Mail Address: Cell Phone: Fax: 6_ Are you a re • feted voter? If so, whe e are o re • feted? e `~ C ~ ~ 7. What oaz (s)-are you • retested in sere g? Please list in ,rder of p eten e: ~'~ v~ ~a _ ~~o 8. List City Boards on ch you are currently serving or h ve p eviously ctvecL• (Pleas include dates ~ ~-C._ ^ .-Zo~t ~ 9. Educational ualifications: /ti t-C~ " 2~V Cit., cv c7 ~~-~-S~Nf' S - 10: List any telat d pr fes Tonal certifications and li eases w~}ch you hold: ~~~~ r-rN~ S c ~J3-e~ ~ l l'C ~e~'~•2 /'V• S 'SZe~~ ~~~-~-- 1 L `ve pour tesenq or most recent emp oyez and position: j~~ ~~ ~, • 1 escribe •ences, skills or owiedge which qualify you t serve o~n gthisnboat • (Please attach a brief res e) fC .rcl 1/e. -P ~ V li .R v ~ (~/v ~J //~~ DC ~N O~ ~ ~ ~-P1Z tn.) D~ C.c~ ticll2> ~S$DC~~- I hereby certify at all above statements are true, and I agree and understand mat any misstatement of material facts contain app • ~io~n~m~ay ca forfeiture upon my part of any appointment I ma rec • e. /~~~-G ~ ~~ Q~ ~T' =NATURE DATE ?~:ote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted_ It will be the applicaat's responsibility to ensure that a current application is on file_ ~~_ S~C1TYCt~RK\BOARD~APPtlGilON ~'d~-~.-to~ ~. ~~~ ~ G c~ «~,; N•J.~-~ 11~~ !S6 3 .N y~ , N ~o~-L~ W n 2LC. C.--~r~, en)c~ ~c~-X wee ,.,~.-t ~S-~ Tc~>c ~ , ~? t 4~-- ~ ~ ~~- l ~ ~ £' c ~rv ~ Jett r ~~.CL f ~ c S~,~r}- ~.C.iu ~vQ.rc- Lam. ~ ~',., ~sw e.~~-1 ~c c rVl c 1 t~- r~~~r~ tN ~{-~„~ r~~ ,r1,, - GIB -~ n~ cal~e~ N DELRAY BEACH . o o Dui an~~c~ty ~, ~ ~ ~~'~ ~ f ~ CITY OF DELRAY BEACH ~~~ t ~ ~00~ ® BOARD MEMBER APPLICATlON~ ~b~~~~ 1993 ~,,~~ ~~ / 2001 ~ ~ Please.type or print the following information: ~ 'S~ v~v7 1. Last Name: ~ ~~~ , /' Name ,>LIS I D ~/ M . 2. Home Address: ,~ 3. Legal Residence: ~~1tt~ City ty State . State Zi Code Zip Code 4. Principal Business Address: City State . Zip Code 5. Home Phone: 6. Date of Birth Business Phone: E-Mail Address: Cell Phone: Fax: 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of reference• i/ ~ ©~ ~ ~ VI~'o fZ ` ou•rlc~~ ~ ~ ~3 ~ ~~ ~ sv ~ ~~ ~ 2/ 1 ~ uC i /~~r/ D jai _ List all City B ards on whi you are currently serving or have previously served: (Please include dates N 10. Educational qualifications: . 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: _ J ZG~ > ~~ ~/~ L ~l~~Il/ Ci~~ S ~ ~ ~I OB ~ CRZi ~o/J DN ~ ~l~ ~'-~- ~ ~~e~i 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certifythat all the above statements are true, and I agree and understand that any misstatement of material facts contained in this app 'ca~tio/n ma cause forfeiture upon my part of any appointmentI may receive. L~ SIGNA Z ~ DATE Note: This application will remain on file in the City Clerrl~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. GASTOIV G..IOSEPH 636 NW 53~ Ave. Delray Beach, FL 33445.1561) 498-1092. Gjos67eph~a yahoo. com A talented Business professional with extensive sales and customer service experience SUIIIMARY OF OUALIFICATI011iS • Able to learn and apply quickly and effectively • Hard working, detail oriented, able to multi-task • Extensive customer service background • Excellent communication and presentation skills PROFESSIONAL EXPERIENCE • Prudential Financial, Boca Raton, FL March 2007- Present Financial Service Associate • Proppse insurance and investment products most suitable to customers' needs. • Prospect for clients, develop insurance and investment program and make sales presentation. Fidelity Federal-Bank & Trust, W.F_B.,FL May 2004- January 2007 Financial Service Representative II • Service new and existing accounts • Originate and close consumer loans • .Consistently achieve or exceed all sales quotas each year • Represent the Bank to customers in a courteous and professional manner • Provide prompt, efficient and accurate service in the processing of transactions • Perform all Teller functions as well as other duties requiring additional knowledge and experience Palm Beach School Board,. W.P.B., FL August 2002- May 2004 Community Language Facilitator • Assisted teachers and administrators in fulfilling ESOL program goals and requirements • Maintained a directory of referral services for the target population • Participated in developing strategies to increase academic achievement for students of the target population • Participated in ESOL Staff development activities • Served as an advocate for students and parents of the target population • Served as an interpreter in school communications with parents, students and community members Rent Free Realty, Boca Raton, Fl May 2001- October 2004 Sales Agent • Assisted customer in leasing, buying and selling of real property • Performed comparative market analysis for customers • Performed customer service Switch Access Communication, Inc. Boynton Beach, FL March 2001- January 2002 Assistant Manager • Performed staff orientation and training, assisted with scheduling and supervising staff • Responsible for administrative functions such as filing, data entry and visitors relations • Monitored progress and assisted with accomplishment of daily objectives • Performed customer service EDUCATION FLORIDA ATLANTIC UNIVERSTI'Y, Boca Raton, FL (2003) B.S. in Business, Major: Economics. FACULTE DES SCIENCES )E[IUMAINES, Port-Au- Prince, Haiti (1994) B.A. in Liberal Arts, Major: Sociology FSA Job Description Position Summary The Financial Service Associate (FSA) position is a sales position with The Prudential Insurance Company of America selling insurance and financial services. FSA's participate in a 2-year development program, devebping product knowledge, and selling experience while offering appropriate insurance and investment products to help clients meet their financial goals. After the 2 year program, many will continue to be financial services generalists, assisting clients with a range of insurance and investment needs; others wilt go on to develop a specialty, such as fee-based financial planning, insurance for business needs, or estate planning needs. Overall Duties and Responsibilities • Sell new insurance and investment products • Solicit new customers through approved techniques and methods • Conserve existing insurance and investments products • Service the insurance and investment needs of all owners of policies issued or offered by Prudential Financial companies. Essential Job Functions It is important that Financial Service Associates be capable of mastering the complexities of the job, continually seaming new products, information, and approaches. As our representative, the FSA must have a full understanding of all our products and be able to recommend to customers the appropriate solutions that are in the best interest of the customer. The end result of the FSA's work is to develop long-term relationships between us and the policyholder that will impact the personal welfare of many people. The FSA's general. duties include the responsibility to: A. Prospect for clients, develop insurance and investment programs and make sales presentations regularly for a broad range of fife and noMife insurance contracts and financial products and services sold by Prudential Financial companies. B. Propose insurance and investment products most suitable to the applicants needs and ability to pay. C. Make the necessary adjustments in the policyholder's portfolio in light of changes in their needs. Although many transactions are handled by the Customer Service Office, an FSA should understand how to provide services, such as processing. loans, surrenders, changes in beneficiary, claims, policy options, and the like, as well as being able to explain to customers the effect of these transactions. D. Maintain in force the existing insurance and investments products of clients, secure the reinstatement of insurance that has lapsed, and perform all the duties incident to the care and conservation of the business assigned by Prudential. This may apply to all policies, whether or not the insurance was originally sold by the FSA. E. Maintain records of account, and render when required, on forms provided by Prudential, a report of all business transacted and complete accounting of all monies received on behalf of Prudentia! Financal companies. F. Conform to and abide by the procedures, rules and requirements of Prudential Financial companies- and the state or states where the FSA operates. Insurance is issued by The Prudential Insurance Company of America and its affiliates. Securities are offered by Pruco Securities, LLC. Investment advisory services are offered through Prudential Finanaal Planning Services, a division of Pruco Securities, LLC_ Each is a Prudential Financial company located in Newark, NJ, and is solely responsible for its respective financial condition and contractual obligations. The Prudential Insurance Company of America is an Equal Opportunity Employer IFSA081826 ~~~ pr»~lnn•i~l DELRAY 6~ACH ~~ [xty 1993 2(?Q1 CITY OF DELRAY BEACH G~~,~Ep BOARD MEMBER APPLICAT18~1 Please a or rint the followin information: 0~~ ~ G~~Y 1. Last N ~: Name M. I. 2. Home Addr s: ~ ~, ~ ~ ~ 1 G City State Zip Code 3. Legal Residence: City State Zip Code s~rv,n~ as c~bode 4. Principal Business Address: City State Zip Code iy ~ '~ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: `t~8 ~ s ~ ~ s- ~ N~,q 6. Date of Birth 7. Are you a registered voter? If so, where are y u registered? 8. What Board(s) are you interested in serving? Please list in order of preference: kd ta "~ -~, ~~d 9. List all City Boards on which you are currently serving or have previously served: {Please include dates) ~~~ 10. Educational qualifications: 0 Gw ,. s ics 1l. List any related professional certifications and licenses which you hold: ' e E ~~~c~r S-~,-~~ o~ ~ 12. Give your present, or most recent employer, and position: ~e'~C"wrc yr ~ a w, Sc~a al ~~ . Ju.r c 7o v~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) s v .t t 1M ~° ~ r ~ -iv arcs i c'Y ~ ~ `~ ' v s ~ e. I here y certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~' l o I ~zlolr I T S GNATURE DATE L~_ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was s bmitted. It will be the applicant's responsibility to ensure that a current application is on file. .~~ ~~~~ 6 2606 K C!-~~/ l .y. DEiRAY BFACH . e . Ap,Mte~icaCity ~ r BO 1993 200 Please a of tint the followin info 1. Last Name: 2. Home Address: 21 3. Legal Residence: ~~ 4_ Principal~Business Address: S. Home Phone: Business Phone: f ,~ G. Ate you a registered voter? 7. What Boazd(rs) are you interested in - ~/~ :ITY OF DELRAY BEACH ~E~~~ ARD MEMBER APPLICATIO~~ _ ~ p005 GiTY CLERK rmation: Name City City Ciry M I_ Star Zip Code 3~~ State Zip Code State I Zip Code E-Mail Address: Cell Phone: 3©nn-~. A~ 510 ~ c~~vt ~-, 4-~~3 If so, where are you registered? use list in order of reference: _ ,. _ ,r-p . ~ , n Fax: ~icl`_ f~ .~. r ,~ is-s~ 8. List all City Boards on which you are currently serving or have previously served (Please include dates y. Educational qualifications: 43d-1' ~ 1~} t0. List any related professional certi cations and licenses which you hold: 11. Give your present, of most re ~ t e lover, and position: - ` i2. t r _ ~~ .~ r 12. Describe p ences, s edge,which qualify-y u to serr on this board (Pl attach a baef resume) ~ ~C~ - k~, I herel~* rttfp that all the above statements are true, and I agree and understand that any misstatement of material Eacts contain ~ this appli ~on ma use forfeiture upon my part of any appointment I may receive. ~` (0 a o SIC~NA DATE a. ~~ote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was ~ submitted_ It will be the applicant's responsibility to ensure- that a current application is on file_ SlCI1YQBRR~BOARUV~PPLICAliON . ~FtRAY BEACH ~ ~~ ~ 7 993 2001 r~~or print the 1 _ Last Name ,S~NTQ 5 2. Home Address 3- Legal Residence: H I ~ ti4JHk~U~_~ `_`. '_a_Q J'.. ON W a. Ptinapat Business Address. 5. Home Phonc_ Business Phone: E-Mail Adc 5(Q{' ? ,S~SY 2' t~N e ~ R~G~~v~~~/l G Stare 7~p Code Ft-- a3Y4 S Sire Zip Code ~ St;~e Zip -Code ss_ Cell Phone: 5~e ~ p~,t; ,~-~ l G. Dare oEBirth 7. Are you a registered voter? f so, where are you registered? ~-s-~ QS ~ f! 8. What Board (s) arc you rnctresrcd ~n se ~ ~ lrrl ~~ C ~ - ro~g- Please list in order oFPreEarence: Ed ~-ip P(CI~In~fl ~ZOrli~t +UCi hbQrh94d t ~i~-~ P(Qrt ~-QeYr~w ~' List a!f Cty 13oarcLs on-which pau arc currcntiy str„iII~ or have previQUaly serz,ad (Please include dar_cs) N 10. Educauonal9uIIliftc~rinru; 11. List any related profcssionai eerti6ea.aons and li ens s whidi you hold- ~ rats ~ * ~. ~F~ Neatf~ ~-Ua~~4~1~ ,4ri~~~~P.~ 12. Give your preseat; or most recent employes, aad position: 13. Descrihc czpencncrs, stills or kno4rledpr ~ , ~L' ~ ~r2GR/ ~SGC1 ~Qrl ~ tech qualify you ro serve on clus board: (I'leasc attach a brief resume) e ~e m~ a~- I hereby certify thsr xll the above srarcmcnca arc true, and I ao ee and understtnd that con~ined in this application may eansc ForEciture u on an ~' mtsstatemenc of material Cac~ P y parr of any appointment I map*ttcuve_ •SIGNATURE --~~D lltiTE this applieanon dill rrrii~n on fl(e ~ rile City Clerk's Office for a period of 2 years Crow the date it was submiacd It wiU. be the applicant's respon_siiZiliry to ensure that a ~rzenr appGcarion is on file. ~~ - DE~2t~f City ~,~ C1'~"Y OF DELRAY BEACH BOARD 1NEMSER APPLI FEB ~ 7 2407 CATION CITY CLERK i ~~t~tio~: ~ ~~7~°9 Name n M L . ~ CLr. i ~ -.a n ~ ~ 1 _' _ ! ~ H ~ ~ ClltJHra ~ _~ :y `.d_tl I:.. 1 =,tr~ 1 ~ (. `.-{ - i -{'y i t-' . l'I -'. 1_T_{ February 7, 2007 Deaz City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Planning & "toning, Neighborhood and Site Plan & Review. As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which I live. As a Bexley Park resident, I know first hand the power of a city working together for its residents and hope to take part in future accomplishments. I have always been involved in communities where I live because I feel thai ii is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral part of any of the advisory boards for which I may be selected. Some of m past experiences of leadership include serving as President of the Student Advisory Board at Gulf Coast Community College in Panama City, Florida. In this position, I oversaw a group oi~25 students in developing, coordinating & implementing activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering. - I am a participant in Leadership Delray and volunteer to assist the Education Foundation Committee in planning the Annual Education Foundation Auction. This is just an introduction to playing an active role in my community. 1 wish to further this by serving as a member of an advisory board. It takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. 1 have served on various boards throughout my educational years and comprehend the importance of dedication required of members. I now plan to include this aspect into my personal & professional life and ask that you consider me for a member of the Advisory Boards. Cordially, ~~ Ria Santos Ria Santos 4636 Danson Way Delray Beach, FL 33445 Tel: 561.516.0788 Email: ria.santos~agedwards.com WORK EXPERIENCE A.G. Edwazds & Sons, Inc Boynton Beach, FL Re~*istered FiYrancial Associate Finaricini Cottsulfant November'03 -Present + Assist individuals in developing retirement/investment strategies ~- Work with businesses in implementing Retirement Plans + Assess clients' investment needs and goals ^- Conduct educational workshops + Service clients' specific issues relating to their portfolio Aeon Corporation August'[12 - September'03 Nagano, Japan Foreign English I'encher ~- Teach conversational English to students, business professionals and housewives ~ Prepared/developed lessons unique to various Ieveis + Worked with Japanese Teachers to develop curriculum ~- Helped students progress with the English language ACHIEVEMENTS £~ OR GANIZATT ONS ~ Cum Laude ~ Student Leader of the Year ~8 President -Student Activities Board ~ Senior Class President ~ Phi Theta Kappa ~ Volunteer UCF ~ Rotary International, Delray Sunrise ~ Delray Beach Chamber of Commerce -~ Leadership Delray participant ~ Habitat For Humanity ~ Women For Excellence ~ Catholic Counsel of Women ~ Florida Women's Business Center Advisory Board TOTHL F• _ ~i-i DELItAY BEACH ~ ~ O • 1 O A ~~ a 1993 2001 CITY OF DELRAY BEACH ~~~~~~~ BOARD MEMBER APPLICATIO.H~ ~~~ Please or rint the followin information: ~ 2007 ~~~~ 1. Last Name: S ~ K t C~ Name ~ ~~~+~ M. I: 2. Home Address: 1 ~, ~ NA~a~sz ~~ City J~~~~y ~A~+1 State ~~ Zip Code ~~~~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: X7,2 - C SS~I Business Phone: E-Mail Address: ssc:1~: ~r~~~ m51r1 Cell Phone: 312- 5c~5 - ~ ~IU Fax: 6. Date of Birth ~~ ~ ~ -5Z 7. Are you a registered voter? If so, where are you registered? Y ~ S ~=~L ~~Y ~-cry, ~~ 8. What Board(s) are you interested in serving? Please list in order of preference: ~Dt/~C~~Cl~ 9. List all ~ Boards on which you are currently serving or have previously served: (Please include dates L`.C~ ~ 1 O 10. Educational qualifications: ~ ~ - S f t,C, _. 11. List any"related professiorial certifications and licenses which you hold 12. Give your present, or most recent employer, and position: ~ss~c~a~- ~~~~c-~c~, D~~.~~ a~~+l ~~~, ~ ~,~~ 13. Describe experiences,//s~~k~i{lls or kno~wle/dge which qualify you to serve on this board: (Please attach a brief resume) SAec~'e~L C~ - IC/'/~ . Lab ~~ -- ~Q~~trilG~ 7rrf~ s 7,~r~~ %cZ~ ink ~i.1~~~~~ ~ F~c~;~ ~CJ~V ~(J ~~ ("B~I~1 r%I r r"T~~S ~'~%~ - (J~- r' ~%~~S S~c~~_ ~ ~~ ~J~OS~ I hereby certify that all th above statements are true, and I agree and understand that any misstatement of material facts contained this applicatio may cause forfeiture upon my part of any appointment I /may receive. SIGNATURE DATE .. .*.. mote: i nts appttcatton wt11 remaen on the to the City Clerk's Office for a period of 2 years from the date it was submitted. It wi71 be the applicant's responsibility to ensure that a current application is on file. APR-31-2~~~5 19.--~? AM TQ~ '_ SItICH lo? '9=-32L_ SUSAN SIKICH ~~lil1~ (:TT t'F'- To securf ernplovment m utilize my ekperience and talents ar~d ro gain neu~ skills and expericn~e l! S:.PIiR[f± Nc.r 1997-000 Palm Brach Gnutty School Dist,~icr. Palm $cach, FI. Srrb~titlrte 7~f~char 198th-199Ci tinsrrmill Sports Club Vvilli<unsburg, V,~ =le:rohic;r a:t~~ l-ita~.+:r Tn.~6rrec7•nr 1 ~?74-148H 1~•trwnk Park: and Recreative ,1•frCoc>k, I1, >t{2c7 CQttOt7c7j ~j~c'4TcrjrJl ~..'121Y1Ei1iC flflc?'Ftlrrr rr Irt; Fnrc'tnr 1;Dl.~c:: ~1'1'lc?n 197<<-197 Illinois Srate llnivecsity Norm:il, IL • B..1., Special ]?duracion IN'f"E:RESTti f3nard c~F.Uirec.tor~- <'„ralina Fiomerwners Associarioe, Recrcatiou i;r>atd .urd Securirv J3oard- f~in~mill T-Iomec~.y-ner. Esc>ciati,~n, volunteec- ~ariou~ ~chcx.?ls, Gumbv Lunbo Nature Center, I~~~Ir~ic E3each Charnhcr of c.~?rnrnerce: enjoy painLin~, Y~+~a, i1innin~ "f"[f'S Hume 5G1-2;?-055+ fell 31?-X15-G81U P _ 94 123-IS R1A1?-, SYRE[T - ANY f~lTl'. 5'CA T(? c_, li PRO'r 11JCl= 73315-6?99 - PH<7 pJC 7r 33; aSG ?e+~i! RA\ ;:123; <<•8 7b5a - F-M.1(L btRf(;(al~.'C,MPAr~'Y.G:'ll' AFP_-31-?~~ci~ lei.=° APt Jn' ~_SIt:I~_H lo" "=.~?3"='y I have always felt Strongly about the importance of co:mntutin~ urvolvement whether dvough volunteeristn or service. From pass tivork and cohtnteer experiences, 1 have learned the imponance of effective communic2tion both in listcaing to the concerns of others ~rtd in the dissemination of information back enjoy being involved and workutg with people- 1 feel 1 have some skills ~rnd latowledge to contribute to the ('ity of Delrav Beach. T thoroughly enjoy living.here and want everyone to facl the Mme. zJlb'~~`7 ~~ S' DELRAY BEACH . o 0 nu~'~ ~~~~lEp ~ ~ CITY OF DELRAY BEACH R~ F~ a 1 5 2007 ® BOARD MEMBER APPLICATION ~~°.+ ,993 V'~~~~ Zoo, CITY ~/~~/~~ Please tvoe or nrinr the fnllnwina inFnrrnatinn• 1. Last Name: ~~ ~ > ~ ! ~ Name ~~~L' / ~7 r M.1~i 2. Home Address: 6 S 1Nvo~~.Pes'~ ~/~ City ~iP~f ~e~~h State ~~ Zip Code 33 3. Lega4l Residence: '/ ~j Q V ~ - S'flj ~'?-~ City State Zip Code 4. Principal Business Address: 5~~~ City State Zip Code 5. /Ho~mie Phol~ne: c~ Business Phone: /E~-Mail Address: Cell Phone: Fax: 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of preference: ~c~vC row U%Sv,e off.Q d, 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~d 10. Educational qualifications: ~'"~Q„~,Q2! 2~,,,,~h~s,i,pq~~~ /!~ ~wal~'C Sc~vdlS ~j~'Y'~' 11. List any related professional certifications and licenses which ou hold: ~ -.F- 12. Give your present, or most recent employer, and position: s ~- C~~2~ ~~~~'~`~"`-~ --E 1 ~ cd,~ S~Tn .._ .~~ ~ 13. Describe experiences,ISkills or kno)wled e whic~h2q,.ualifyPy~ou to serve on~thi~s`bc~rd: (Please attach ~a briJef~resume) ~~ ~ ~ ~ 46 ~ ~ c L~ o d ~,S v - ~-c v < S/ ~ ~a~-~ ~ ~U ~ .e~ ~ c~e.us~ ~RA- w1 ~e W ~~~CS Goy c` , ~~ /UI ~. ~~~t,/, e~ ~~j ~ ~~ .e r ~-c.~-~~ c^";e'~'t' ~-e 2 C -- Gd° J~ Ge~-.~ h~~ `e~°~ %~t~~2 ~ ~o ~2d ~t~! ~R~-"i S' . L ~`(/i ~C~ '~ I hereby certify that all a -statem are true, and I agree and understand that any misstatement of material facts contain i his pp ~ a ~ ay caus forfeiture upon my part of any appointment I may receive. ~~ dfj-/~ / p~ aOd SIGN RE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be,the applicant's responsibility to ensure that a current application is on file. Kenneth A. Zeno 4850 Sherwood Forest Drive Delray Beach, FL 33445 Kzeno~adelphia.net 56i-865-4593 EMPLOYMENT: Director, Center for Health and Human Development 1996-current A Consulting Company focusing on Program Development and Training /Events Planning and workshops Delray Beach, FL Family and Life Coach, Duncan Center 2005-current Delray Beach, FL .Private Individual and Group Family and Life Coaching Director, Institute for Body, Mind and Spirituality 2001-2005 Continuing and Professional Education Lesley University, Graduate School of Arts & Social Sciences Cambridge, Massachusetts Responsibilities: Designed, developed, managed, marketed Professional & Community Education conferences, special events and training programs; Wrote/Secured Grant Funds and private donor support; developed and managed budget; Recruited faculty and negotiated contracts with instructors; Supervised work-study students, student/adult volunteers, advised student interns; Supervised staff Director, Continuing Professional Education 1999-2001 New England School of Acupuncture, Watertown, MA Director, Health Education & Human Services, Malden Public Schools, Malden, Massachusetts 1994-1999 (Wellness K-12 Programs, Sexuality and Violence Prevention Education) Senior Instructor, Cambridge College Graduate School 1994-2002 Health Promotion/Wellness, Cambridge, Massachusetts (8 years) Health Coordinator/Health Teacher GS-10/, High School 1986-1992 Grant Coordinator, Comprehensive Health Education K-12 (6 years) Needham Public Schools, Needham, Massachusetts Director, K-12 Health Program Specialist 1984-1986 Concord Public Schools/Concord-Carlisle Regional School District Concord, Massachusetts Sales & Management Trainer, New England Region 1980-83 Stow Mills Natural Foods Corporation, Brattleboro, VT. EDUCATION: University of New Mexico Ph.D. Courses (Health Promotion) 1992 University of Chicago Ph.D. Candidate(Training and Dev.) 1974-76 Boston University M.A. African-American Studies Antioch University M.A.T. (Education: Social Sciences) Brandeis University B.A. (Political Science) CERTIFICATIONS/CERTIFICATES • The Coaches Training Institute (Core Curriculum), California 2001-2002 • Health Education, SupervisorlDirector, Massachusetts LIC#0079620 • Family Mediator, Florida Supreme Court Certification (10918F) 1998-current • Advanced School Mediation, University of New Mexico 1997 CERTIFIED EDUCATIONAL TRAINER: 1. Sexuality Education, Education Development Center, Newton Massachusetts 2. "Second Step", Violence Prevention Curriculum (Grades K-9} 3. "Victims, Aggressors, and Bystanders" (Violence Prevention Curriculum), Education Development Center 4. Cooperative Learning, (David & Roger Johnson, also Kagan Approach) PRESENTATIONS: "Parents-as-Coaches"TM, MA Dept. of Education, Staff, Even Start Program, Watertown, MA site and Waltham, MA site (2003, 2004) "The Second-Step Approach To Solving Student Conflict", Shore Collaborative (eight school districts), Somerville, Massachusetts, May 27, 1998 "Developing Teen Dating Violence Prevention Support Material, School-Community Involvement ", Middlesex County District Attorney's Conference, March 12, 1997 ".What Is Comprehensive Health Education: Partnerships in Health Promotion", Harvard University Graduate School of Education, Center for School Counseling, Cambridge, Massachusetts, March 1994 GRANT WRITING: Funded Grants "Evidence-Based/Best Practices in Alternative/Complementary Modalities in Healthcare", Conference Grant, Whiteside Charitable Trust ($20,500), 2004, Lesley University, Institute for Body, Mind and Spirituality "Caring for The Whole Person on the Cancer Journey", Conference Grant, Whiteside Charitable Trust ($20,000), 2003 "The Arts and Healing in Healthcare Settings" Conference Grant Whiteside Charitable Trust ($li,9oo) 2003 "Cultivating The Healer Within: ABody-Mind-Spirit Approach to Healthcare", Whiteside Charitable Trust ($20,000); 2002 "MA Comprehensive Health Education & Federal Drug Free Schools Grants", Malden Public Schools, MA Department of Education ($170,000} Written & Renewed Annually 1995-2000 "Family Involvement In Comprehensive Health Education", MA Department of Education, Health Framework Coordinator, RFP (Wrote Request for Proposals Documents for DOE), (FY94: $100,000) and May 1994 (FY95: $200,000) LEADERSHIP POSITIONS: Living Values Education Program (LVEP) Board of Directors 2005-2008 Director/Chairperson: Malden Public Schools • Comprehensive Health (K-12) Assessment Team • Health Frameworks Advisory Team, Mass DOE • Health Rramework/Curriculum Standards Health Team Grants Administrator/Supervisor: Lesley University: 2002-present 1. Whiteside Grants ($72,000) 3. Moir Family Trust ($25,000) 2. Sonnabend Grant ($10,000) 4. Titus Grant ($10,000) Grant RFP "FAMILY INVOLVEMENT" , Writer/Manager, 1993-.1994 Family Involvement in Comprehensive Health Education Massachusetts Department of Education, Malden MA MAJOR PROFESSIONAL ACCOIVIPLISHMENTS KEN ZENO (BRIEF S UMMARY) 1. PROGRAM DESIGN, DEVELOPMENT AND IMPLEMENTATION • Facilitated innovative program development and implementation in multiple school districts in Massachusetts (Concord, Needham, Malden Public Schools) Provided cutting-edge instructional strategies program offerings for the MA Department of Education, Concord, Needham and Malden Public Schools, most contemporary practitioner treatment approaches for the New England School of Acupuncture and innovative program offerings for Lesley University Institute for Body, Mind and Spirituality • Research and Identifying "best practices," 2. INSTRUCTIONAL DESIGN AND ASSESSMENT Collaborated in the development of instructional curriculum for pilot testing for national distribution at Education Development Center • Facilitated development of K-12 comprehensive health education curriculum, alignment. with the MA State Health Frameworks and an assessment methodology for the Malden Public Schools 3. TRAINING AND DEVELOPMENT • Developed professional staff training programs for the Concord, Needham, Malden Public Schools and five (5) other school districts focusing on learning strategies and comprehensive health education 4. MARKETING AND SALES • Developed multi-level marketing strategy for program/events promotion at university level, proprietary professional school and within K-i2 school districts • Acquired 100 new accounts within 3 months as Director of Sales and Marketing for the largest Natural Foods Corporation (B & C/Whole Foods) in the country • Provided Management training for staff working for companies with self- contained natural foods sections in supermarkets (Stop and Shop) and department stores (Bradlees) for a large New England Wholesale corporation (Stow Mills Corporation) 5. GRANT WRITING • Secured multiple grants at university level totaling $ 100,000 for conferenceslevents and RFP Grants at MA Department of Education totaling $200,000 • Acquired several grants for multiple schools districts in Massachusetts • Acquired grants for health Planning organization in Chicago 6. FUND RAISING/PRIVATE DONOR CONTRIBUTIONS • Secured several pledges for donations and a $25,000 pledge at the NE School of Acupuncture and a $25,000 pledge at Lesley University for the institutes first publication by an internationally known author 7. PARTNERSHIPS AND COLLABORATIVE SPONSORSHIPS • Crafted several partnerships/co-sponsorships with hospitals in New England (MGH, Dana Farber} while at Lesley University • Established partnerships with health, hospital, human services and civic agencies while in Concord, Needham and Malden Public schools 8. EVENTS/CONFERENCE PLANNING • Planned, implemented and managed numerous successful events, conferences and workshops in a variety of settings 9. LEADERSHIP SKILLS AND TEAM BUILDING • Facilitated team building at state department, school district and university levels 10. ENTREPRENEURIAL EXPERIENCE • President of successful Natural Whole Foods Market for 13 years Piccadilly Square, Newton Centre, Massachusetts MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~.. DATE: AUGUST 3, 2007 SUBJECT: AGENDA ITEM # 1. la -REGULAR MEETING OF AUGUST 7, 2007 APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Public Art Advisory Board. BACKGROUND The terms for Mr. Roger Hurlburt and Ms. Patricia Truscello expired on August 2, 2007. Ms. Truscello has served one (1) full term is eligible and would like to be considered for reappointment. Mr. Hurlburt has served one (1) full term and would not like to be considered for reappointment. This creates a vacancy for one (1) regular member to serve a two (2) year term ending August 2, 2009. On February 1, 2005, The Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right-of--way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Montague (Seat #4) for two (2) regular members to serve two (2) year terms ending August 2, 2009. RECOMMENDATION Recommend appointment of two (2) regular members to the Public Art Advisory Board for two (2) year terms ending August 2, 2009. PUBLIC ART ADVISORY BOARD EXHIBIT "A" Applicant Occupation Robert Currie Architect Marilynn Gladstone Retired Executive Director Gerald Franciosa Retired-Law Enforcement (also applying for the Education Board) Jayne King Retired-Educator Jan Kucera-Winney Real Estate/Business President/Service Manager Jerry Rabinowitz Photographer Chris Stray Landscape Architecture & Design/Interior Design Kera Trowbridge Interviewer/Panelist Patricia Truscello Public Relations Specialist/Photographer/Landscape Architecture degree Incumbent PUBLIC ART ADVISORY BOARD 07/07 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/02/08 Vincent Dole Finance Office: Appt 08/02/05 Reappt07/tl/OG 245 NE 8~' Avenue ~ Home: 274-7172 Delray Beach, FL 33483 Fax: elod3 ahoo.com 08/02/07 Roger Hurlburt Art History Office: 251-9860 Appt08/1G/05 230 Vista Del Mar Drive Professor Home 278-0265 Delray Beach, FL 33483 Cell: 251-9860 rhurlburt2na_,bellsouth.net 08/02/08 Sharon Koskoff Artist Office: 276-9925 Appt 08/02/05 325 SW 29t~' Avenue Home: 276-9925 Reappt 07/ll/OG Dekay Beach, FL 33445 Fax: 276-9925 Cell: 699-7899 B Sharon comcast.net 08/02/09 Carolyn Pendelton-Parker Landscape Office: 655-9006 Appt 08/02/05 510 Gardenia Terrace Architect Home: 274-4081 Reappt07/24/07 Dekay Beach, FL 33444 Fax: 655-9007 cm n'c aoLcom 08/02/09 Kevin Rouse Artist/Business Office: 274-0007 Appt 08/02/05 Reappt07/24/07 1002 Lake Shore Drive Owner Home: 279-0383 Delray Beach, FL 33444 Fax: Cell: 789-5104 kevroart e,aol.com 08/02/08 Mary Smith Test Office: 276-4414 Appt08/16/05 Reappt07/11/OG 245 NE 17`'' Street Administrator Home: 272-0002 Delray Beach, FL 33444 Cell: 201-2700 seemeforart(~aol.com 08/02/07 Patricia Truscello Public Relations Office: 355-4353 Appt 08/02/05 829 North Lake Avenue Specialist Home: 279-0548 Delray Beach, FL 33483 Fax: truscello hotmail.com Contact: Venice Cobb X 7056 S/City Clerk/Board OG/Public AR Advisory Board Commission Liaison: Brenda Montague DELRAY BEACH ~/~ ~~~' ` `~ o ~-0~'D7 f CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION R E C E! V E [~ 1993 2001 Please type or print the following information: J U L 1 1 2005 1. Last Name: CURRIE Name ROBERT l G. 2. Home Address: 72 S. OCEAN BLVD. #4 City DELRAY BEACH State FL Zip Cade 33483 3. Lega Rest ence: 72 S. OCEAN BLVD. #4 City DELRAY BEACH State FL Zip Code 33483 .4. Principal-Business Address: 134 N. E. 1ST AVENUE City DELRAY BEACH State FL Zlp o e 33444 5. Home Phone: 789-6638 Business Pllone: 276-4951 E-mail Address: RGCP CURRIEARC.COM Cell Phone: 789-6638 Fax; 243-8184 _ 6. Are you a registered voter? If so, where are you registered? YES PALM BEACH COUNTY 7. What Board(s) are you interested in Serving? Please List in Order Of Preference: PUBLIC ART ADVISORY BOARD 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) SEE ATTACHED RESUME 9. E ucationa qua ifications: Master in Architecture/1965/Harvard University Bachelor of Architecture/1962/University of Minnesota i0. List any related professional certifications and licenses which you hold: Architectural License 11. Give your present, or most recent employer, and position: Currie Sowards Aguila Architects -PRESIDENT 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume} Artist, 7 years of design education, 50 design awards, AIA Florida Firm of the Year 2000, Palm Beach Chapter of AIA Award of Honor for Contribution to Architectural Design in 1990 and the Gold Medal Award in 2002 I hereb certify that all the above statement are true, and I agree, and understand that any misstatement of material facts contain d.in this application may cause forfeiture upon my part of any appointment I m y receive. . 7 g o5 SIGN TURF DA .tote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file_ ~m ~/iy CURRIE SO ~JARDS AGU_ILA_ ARCI~ITECTS Robert G. Currie, AIA Jess M. Sowards, AIA Jose N. Aguila, AIA ROBERT G. CURRIE, AIA Senior Designer YEARS ExPERiENCE • Since 1969 Robert G. Currie is the foundin rincii~al of the g P P architectural. firm CURRIE SOWARDS AGUILA REGISTRATION ARCfIITECTS located since its 1969 inception in Delray • Architect: cert. FL#4964 Beach, Florida. I-Ie received a Master in Architecture • NCARB, #1136s from Harvard University, Graduate School of Design in 1965 and a Bachelor of Architecture from the EDU~ l University of Minnesota in 1962. Mr Currie is certified h elor of . Architecture, 1962 as an architectural professional by NCARB and -.has University of Minnesota been registered in the states of Florida, Connecticut, • Master in A hit t 1966 Illinois, Massachusetts, Maine, New Nam shire, Rhode P rc ec ure, Harvard University Island, South Carolina and Virginia Graduate School . of Desigu Over the course of his professional career, Mr. Currie PROFESSIONAL has planned and designed virtually every project ty e AFFILIATIONS • American Institute p , including municipal, public assembly, residential, of Architects • Florida Association commercial office, hospitality and historical °f~+- restoration facilities, in both the United States and State Director Palm Bead, abroad. l~lis knowledge of international design and Chapter of FAIR - Past President C011StrUCtlon WaS devel0 ed throu h ro ects in the P g P j Design Awards Middle East, Australia, Central America China and the committee - Chairman , United Kingdom. In addition, he taught at the University of Sydney (Australia), the University of Miami COMMUNITY SERVICE (Florida) and Florida Atlantic University & ORGANIZATIONS . • Federal Reserve - ~"~ Ad.ris°'y -With almost fifty design awards to his credit Mr. Currie Board -Southeast Region -Atlanta , is the firm's principal designer and responsible for • Delray Bea°" Public Library ro ectS throu h P j g the design development phase. In Board Member 1990, he received the American Institute of Architects • Pineapple Grove Main Street Palm Beach ChapterAward of Honor for Desi n for Board Member & Design Chair g his contributions to architectural design. The firm was B~ a P nni honored by the Florida Association of AIA as -the Firm a ng and Zoning Board of the Year 2000. In November 2002, Mr. Curve Past Chair • City of Delray received the prestigious Gotd Medal Award from the Beach Comm"nity Appearance Board Palm Beach Cha ter of the AIA in reco nition of his P g Past Chair contributions to the architectural profession. FORMERLY ROBERT G. CURRIE PARTNERSHIP, INC. •AIA FLORIDA FIRM OF THE YEAR 2000 134 Northeast First Avenue Delray Beach, Florida 33444 S61-276-4951 Fax: 561 -243-SI84 AA000227 1 w.ww.curriearc.com DELRAY BEACH ..o. _ ~~ ~ CITY OF DELRAY BEACH ® BOARD MEMBER APPLICAi'ION 1993 zaa, Tl _ _ _._ n r 77 - r - v avaav wau auavua~auvaa. 1. Last Name: G Lp-~5 "i ~ iv C Name Vt l LEI ~. rJ - .1'~ 2. ,Home Address: 3 ~- (v p 14 ~ H T ~ ~ r L City ~ CL J2K1~ ~/ CY-i-~l-~ State ~'~- Zip Code 3 3 `~ Sr3 3_ Legal Residence: ,, City State Zip Code ~ 4. Principal Business Address: City r State Zip Code S. Home Phone: ~ 1-a. y- 6 ~-l o ~ Business Phone: E-Mail Address: ~ Vh ~. ~ ~1 vac Cell Phone: ~(o / a.~ - ~ sio o Fax: ~ ~ ~~(- ~ ~ 3 3 6. Are you a regi tered voter? If so, where ate you re tered? ~~ ~~~ 7. What Board(s) are you interested in serving? Please list in order of reference: - pv ~-~ ~- ~T g- v ~ o r2 13 v ~a-~ ~ 8. list all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: ~ 1 W ~ G ~,v io ~~ ~ ~ i ~ ~S~ ~ ~c~ 1Q ~Sov ~~s P~ k+- w,~ 6 ~ l~-~ G-~v rr 10. List any related professional certifications and licenses which you hold: 11. Give pour present, or most recent employer, and position. IQ £'~~ fC~ 0 ~ (,v ~ E G . 'D 112 8 c.-ro,[ 1 ~ (vO f. ~O le 0 ~ l= 1'1 / Jq K l ' 12. Describe experiences, skills or knowledge which qualify you to serve on this board (Please attach a brief resume) h ~ L ~-f f-t ~ F-c Y,f E F2 O F (~T ~ ~ GV L r c_ f~ L !q- ~- ~ h 1 !4'H / FL - ~• y-e'4- ~"-S d rv i v s-r ~ ( Cc. ~ S ~--1 0 ~v -r w o ~v E s4 p p ~ ~ ~S ~ v ~,, fa S ,.-E I hereby certify drat all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive- ~'"'~IAIURE ~~~~~~~i~P~ -~ 7-~'l Soot L z ~ n r Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted_ It will be the applicant's responsibility to ensure that a current application is on file. S1C11yC[,CgK~BOARD1ApPUCATION DkLRAY BEACH . f~ R ., at~am~~cny i r 7993 2Q01 t" H.". f UJ. .. `.r~ l _F~F~t_7 r'-tr~ _~ i_,1 , i ~-. _,_u~ ,• i ~r.: -+.1-'I•I t-'' CITY OF DELRAY BEACH ~~~~`~'~~ BOARD MEMBER APPLICATtO1~L ~ ~ 2001 1'Icase t •. a nr -.tillt the tollowin~ ilifonnation: ~// ~C> 7. I_a_st Name: ~`~ .d k , / i i-. r iP // ,. , 2 l C ~'' / f~ . ~otnr Address: 7 -, _ _ ~l/C~ ~~ {~ity ~-:~ State ,~ s-- ~ L%, {~~-c G~ ~J - ~ .i. , .: .- Legg] Rcsiclencc: ~~- ? = ~.~ t~> Stare Lit, Codes 4. 1'rili~ipal Busnzes, .A~ldress_ (-i~r State Zip Cody 5. Home Pl--one: Buru~ess Phone: ~-A~1ai1 -1ddl• ss: Cc-l1 Phone: T'a~:: ~~ ~. i ~n~ ~' ~- . d C. Ua c c',f 3il-th 7. Are you a re~~istere.d ~roter? If SC, ~~here are yc>u rcgisteredr' 4. titi'hat Board~.1 der. you iur .r.trd ul sen%iv`~ Pl~•ase list in order of prclr rcnCC: i )_ List al] Ciri Boards ~,rt.vhich you art currently srrvuig,:,r h;i.vc e~riou;ly served: {Picric include ilxtes~ r•/f ~„ - ~V 10_ )/~iucarinn,-+1 cl,Ialilications_~_.~ ~ 11. Llst any .ielated professional certifications ar~d licenses which you hold: 1'. <;i~%e your present, or nx~,t. recent employer, and position: ~ 4 ~C~/`G /J 13. Dcicrzbe c~penences, slttllc of kao~vled~,c uFtuch qualify you to szrvc on this bc,ard: (I?lease atriich 3 Uncf resume) i ltc .b} certify that all the above .tarements are fate, aIICI l t2~2E'f' ~Ild 11I1C~E:t:.tnd the;t auk: misstate,.Iiene c>fmatcna] facts cots ute u, this application tuay cause fo>feihtre upon tuy pa.tt of a.rtF appo Cutcr,r rua.y receive. sz dote: •1'his aj,Plicatiott .Vili remain c,n file in tl-te C;it3* Clerk's pff; . , fqr ~, P ~;od of Fear; from i_},.~: dare rt Las Sllht111ttCd_ jt u~tll be the applicant's responsibility to insure that a current application is on tile:. FF,'Cq•I GEF'-' CHI I FH:> t U=i. ~n1~r,E,~i ~ -1c Ti_i 1. Fib ?oCa ~ c~h: -l-tF'f•1 F3 I have lived in llelray Beach for the Past eiglrt years, and I am more than ready to ofi:er tn_y tints' to enhance our beautititl city. Since retiring in 1998, j have been actively involved with art and art related projects specifically encompassing public art and the surrounding environment both in Browa.rd a.nd Palm Beach Counties. ( truly believz that public art must relate to its immediate surroundings with an emphasis of creating a visual feeling of being within the art itself' The more serene the setting the better since public art displays tn.ttst create that illusion that has a tranquillizing affect upon your body and mind. Sort of like the placement of items dictated by Feng Shui_ I have attended numerous courses and many lechtres at The Norton Museum and 1'he E3cx:a Raton Museum of Art concerning the identi.~ica.tion of a.rt, th.e use of art in the Lvorkplace and public areas and the effect of art displayed in different sun~oundin.gs. For the past four years, I have attended the Florida Neighborhood Conference and attended interesting and informative workshops on public art and the effect it has ha.d on several cities in Florida. IJnfoltunately, with the present budget crisis public. art funding may be in,jeopardy. I i'zel that my accounting background may offer the Art Advisory Board some helpful suggestions on how to stretch their funds and still provide for public atrt. Tltat.tk you, (ferry Frauciosa - - - ---_.--_ - ~-, .u.~...~ L. ~/~~ ~ '~ Ct~`Y ~~ [~~~~' ~~ REC~IV~C~ _ ~ ~ ~~A~ ~~M~~~R AP~I~:~G1~~l~i~. .~ U td 2 4 205 JMJJ ~w~ 1_ List Narnr_- .. CITY CLERK a . - - ----- ..,...~•. -•~ ~-~ uy. ~~ ~ vincc zor a pcuad otZ .yeas. from the.d~tc ~t.oaas s~+~3~+-sfi ~I*_ ~e'`!'~--~ $sc ~s~c~ut's ~~ to cus~sie' f~c z, ao~L ~,E~atjna is ort ~. ~'7iR%DVrfvn~rorri~M~r~va~ ID 3C~Cd ~~}-l~I~•Jr4~lI~ ~.' ~~.Lc.9T95T •'_:.:rT 5~3~~~Ir~ly4t DELRAY BEACH CITY OF DELRAY BEACH RECEiV~~} ® BOARD MEMBER APPLICATIO~-N 7 5 2007 iooi Ci~Y CLERK Please type or print the following information: ~/r~~~ 2. Last Name: ~1 L~ ~-~,r'6- - t1~.J ~ n Name ~ M. 2. me Address: S W t ~~ ~ C~, Sta Zi Code 3 `~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ~~ ~ _ Fax: 6. Date of firth 16 ~~-~ ~~~ ~ 7. Are you a registere voter? f so, where are you registered? ~ f~-~ ~~ ~ ~~~s~ 8. What Board(s) are you inter ted in serving? Please list in order of preference: ~ C(~ ~ u.~j ~ ct Prr~- ~v ~3 S t-,ru « ~retcs-~~~,.- c.~ 1ve `~ 51, ~. ): List all City Boards on which you are currently serving or have previously served: (Please include dates _ _ Y `~~ 10. Educational qualific ons: 11j List any related professional certifications and licenses whi h you hold: l~~C.2.~ ~ ~- - ~-1,1-i ~ ~ ~-r' ~-c,-~.. 1 . Give your present, or most recent employer, and position: t (' - Gc~ 2SE-ct:~ G-~S ~T~jc~~- ~ V/lJ~-~-. ~~~5 r Q.~~' ~r ~tlL~S r ~~ ( ~k ~-~rl~G.~~-- ~ S-~~3t.~_ 1Vv'~`crC1 -2-/-'~~'l /f~J~lC'~ J"ct 13_ Describe experiences, skills or knowledge which qualify ou to serve on this board: (Please attach a brief re e) r ~ ~~ ~ £ e ~ t~ ~~~~ S ~ e ~,- Ci- ~.rCc.cS Fc>~U~ (.~-it (~ 1--~4r ~ -~ ~ ~~ (J{~c ~ V~-~ ; '(~ xQ Cam' S ~ < I hereby c that all the above statements are true, and agree and understand that any misstatement of material facts aged in this application may cause forfeiture upon my part of any appoipt~nt I may receive. /' 1 ! ~ _ / ~~~. ~~~ ryN"~ ~1.~"~' lC~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. nEIRAY BEACH ~`~~~'/c'yG"~1~~ d /~ ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~~trr~i Please type or print the following information: ~ u ~ ~ z Zoos 1. Last Name: ~2f1-B~,ud~ r T~ Name _._ J ~ }' ~~~` ~ 2. Home Addressr J S~yt~l~Cr~ ~~~ ~ Ciry tT ~ ~ State ~L Zip Code 33 5F4S~ 3. Legal Residence: ~~ ls~ a s ~lo~ve City State Zip Code 4. Principal Business Address: ~~u~c-,'!~ ~Z S a I~e~v~ City State Zip Code 5. Home Phone: 56r ~35-~9 Business Phone: Sal- ~~4-'~3~ E-Mail Address: .1 ~~jr~6fnv~~t~.c Cell Phone: ,~ ~6~~g~~ Fax: - 6. Are you a registered voter? If so, where are you registered? Y~5 ~~~r - ~/~ a. ro. 7. t Board(s) are you interested in serving? Please list in order of preferen ~ ~ - b C ee 8. Iast all City Boards on which you are currently serving or have previously served: (Please include dates 9. Educational qualifications: 1;~_v`S - 6 a~ ~Cc. Q /Ulan L!a o-~' ~ - ~ ~~~f -stt~dt - -wee 4 10. List any related professio al certifications and licenseswhich you hold: a ~- io-less ~~ cr ~ ~ ~ ~ s r~ .~ . R.S on ~ r ~ iCa n ' ~ jh r rfi Leo ra ii. Give your present, or most recent em lover, an posi on: ~O~/n R,p ~~o ~idrors~ ~ o~ l wr / ~ ~ei' ~ n ~~ ~~~ ss 12 Descnbe experiences, dulls or knowled ~ h qualify you to serve on this board: {Please attach a brief resume) CL I hereby certify that all the above statements are izue, and I agree and understand that any misstatemern of material facts contained in this a ~ ati may cause forfeiture upon my part of any appointment I ma receiv . ~ ~ Z ~s~ SIGN RE DATE- ~~d +1 iv~~e. i rns appucaaon will remain on hle to the testy t;lerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file.. scr,rci.Ex¢~eoNtrnnre~.kwrwr~ Jerry Rabinowitz JRabinowitz Photography 561-870-6300 Skills and Qualifications: - PresidentASMP(American Society of Media Photographers), New Mexico - Steering Committee - PresidenCs Council - ASMP -Aspen, CO - i9lbuquerque, A Celebration of Contrasts; Albuquerque's I ~ coffee table book in conjunction with Ciry of Albuquerque, Chamber of Commerce and Bernalillo County Government -Commissioned Photographer - Our Governor's Mansions" Book, in cooperation with New Mexico Governor Gary Johnson and Oklahoma Governor Frank Keating -Selected, New Mexico Photographer - Photographer for numerous large scale public bui/dings Metropolitan Court .House, Navajo Nation Cultural Museum, New Mexico Museum of Natural History, Roswell Government Center - Boston University, College of Fine Arts- GuestLecturer, Large Format Photography - Ix/inner numerous New Mexico.9 ddyAwards -Advertising Federation: Commercial Photography - Consultant with Public Art Sculptors on integration of art with public building projects - Fuji Fi/m Corp -Traveling Lecturer- Architectural Photography Clients include: o Trump Properties, including Mara-Lago Resort & Spa o The Breakers, Palm Beach o American Airlines o Intel Corp o The Navajo Nation o Fisher Island o New Mexico, South Florida and Delray architects Publications List includes: o "Pairn Beach Illustrated" -Contributing Photographer o "Florida Design" o "Santa Fean, The Magazine of Santa Fe Lifestyle" o "Business Week" o "Su Casa, The Magazine of-New Mexico Homes" -Sole Photographer o "Florida Architect", AIA (American Institute of Architects) o "New Mexico AIA Journal" o "Range Finder" -Journal of Professional Photography o °Napies Illustrated" -Contributing Photographer o American Archeology Magazine" -Contributing Photographer Mystudies ofart and architecture as a profession bring a broad awareness towards the confluences ofform, function, flow oflife and purpose ofpublic spaces and its surrounding environments DELRAY BEACH AIhM~pCity ~ ~ CITY OF DELRAY BEACH R'~G~~vED BOARD MEMBER APPLICATIOI~~N~ 21200 ® K 29o9oi CITY GLEE Please a or Tint the followin information: Y!~vL/ l . Last Name: ~ t ~ n - t jy- Name ~ ,(~~~ ~ ` / M. I. 2. Home Addres : //ff~~ l ~ ~~ ~ ~~~~ ,UU~~ City~~ ~ . ~` S~L Zi~ ~ de' / Y 3. Legal Residence: ~.4-ti1 ~ City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: -Cell Phone: Fax: 6. Are you a registered voter? ~ ~ If so, where are you registered? ~~G/~=~ l - ~ `~' 7 at Board(s) are you interested in serving? Please list in order of preference: A ~ ~ ~ ,~ 8. List allG~Boards on which You are currently servin or have previo sl served• lease include dates) 9. Educational qualifications: ~~ ~~ l ~" ~ ~LrS/G ~,J ~ ~ G'C r~ ~~/ 10. List y related professiona ertifications and licenses which you hold: ~ `" ALL /.vols 11. Give your present, or most recent employer, and osition: ~~- sc ~ T~~.sl ~ ~~ ~.~2 ~~ C~~~ ~' _ 12. D~ cribe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume) oC ~ ~ ~ G /~/ ~J ~ f~ ~/1/~ s ,~'~l , ~n ~E l~ ~ L~ d/~ .~~ S £S ! ry/t/ ~ _ v~ ~~~2<~ ~ ~ sir v~ ron ~ £ ~~ ~ ~£ ~~~ ~ ~~-~s I hereby certify all the ?hove statements are true, and I agree and and d that any misstatement of material facts co ~n s applicati/ fo ~ eiture upon my part of any appointment I~may r eive. / j SIG A RE / DATE Note: This application will remain on fire in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. l - ~,-~ /~~/ ~ SICITYC[.ERKIBOARDMPPL[CATION ~~ TIC DELRAY BEACH . o o Atneriq C' CITY OF DELRAY BEACH ~~~~~~~® ® BOARD MEMBER APPLICATION 1993 .~ u N 2 6 206 2001 CITY CLARK Please a or Tint the followin information: ~j a 1. Las Name: R Narn ~ I. •~ Home Address: X10 ~ i ~n`"L` 3. Legal Residence: City State 1. ~1> City State Zi Code Zip Code ~ ~. 4. Principal Business Address: ~~l.w~r 8 ~,. City State 33~$ 3 Zip Code S. Home Phone: ~ ~7~s-~~ Business Phone: IrMail Address: ~~~~e1~~>r Cell Phone: '~1 .rS~ ~ . Fax: 6. Are ou a registered voter? If so, where are you registered? ~,S 7. What Board(s) are you interested in serving? Please list in order of preference: a ~3. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: 1.1. ,n s o Rz~ ~b o S~+C J Sit C'u S~7G - 1~-~ ~ 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ ~ _.. ..~ ..F, S • .. ~"StTe.a~'*~ih+ ~ ~ ~ .. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material f cts contained in this application may cause forfeiture upon my part of any appointment I map receive. ~~ ~ - ~ - c IGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~~ > ~.. / ~ S1CnYCLERKIBOARD4\PPISCATION -F.~~hl : PHOI JE hJO. c61 ~8 501 Oct. X38 ~'~~~ 0 ~ : 1~'M=ih1 P1 _-- o' . -~,r-, t c'~ ~..obb . RESUME - KER.A TROWBRIDGE [ WOULD LIKE TO ADD THAT IN ADDITION TO WORKING AS AN INTERVIEWER -AND PANELIST FOR WXEL (90.7 FM} - ON A YEAR ROUND WEEKLY BASIS - I ALSO OWN A HOUSE ON I-IAEtMON COURT - (OFF OF LAING -OFF OF ANDREWS AVE) THAT WAS BUILT IN 1921 - IT TS "KEY WEST" -STYLE (AS IS OUR NfiIGHBORHOOD } - AND T HAVE EN70YED RESTORING IT -THE HOUSE AND ITS GARDEN. -IT HAS BEEN OPEN FOR CHARITY "FOURS FOR VARIOUS ORGANIZATIONS AND WILL BE AGAIN THIS WII~IT)rR I HAVE LONG WATCHED THE VARIOUS STANDING SCULPTURES WHICH PREVIOUSLY. HAVE BEEN ON DISPLAY IN THE NOW CALLED `PINEAPPLE GROVE AREAA' AND MIGHTILY WISHED THAT SOMETHING COULD BE DONE- I HAVE DONE MANY COIvIl~IERCIALS -MOVIES -AND PRINT ADDS - IN ADDTION TO BUII,DING AND RESTORING HOMES IN THE SAN D~GO,CA.. COUNTY AREA - I WISH PUBLIC ART ADVISORY BOARD GREAT SUCCESS IN THEIR NEW ENDEAVOR- OELRAY BFACH . o . Ap M~icaGty ~ r 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please tvae or arint the following information: ~~~n2 1_ Last Name: ~ i ,~~C,e j l~ Name~~~~u~ M I. J 2. Home Address: ~~~ rv. f~c,~e ~ - City 1~-~lr ~~, State ~ Zi Code 3~~3 3. Legal Resid ce: e n City State Zip Code "" ~~ r~ rcv~dL~ 4. Prin al Business Address: Pa n~ 13lacti ~ P~Oa~ d~F- CcJuvt~Y C.~'mra~SS~~er~Ys City 11 mo~w// 15t ~CC`r~ ~~rL~'t L State L ~ Zip Code ~ 4vt.uc- ~l-FF~~ t,}cpaf~-mevr~ l/ 0, ~3 ~jal N. pjiYL; ~YCnV~_ ..- 5. Home Phone: Business Phone: IsMail Address: Cell Phone: Fax: ~~°t-g3~~ 3S5'~~~3~3 Q~'rust~11~~1~6traat-cu G. Are you a registered voter? ~~ If so, where are you registered?~~, ~~a~ ~L 7. What Boazd(s) aze you interested in serving? Please list in order of preference: `~a11H P1~lael~ (duvif-y Q~biiGA~~~~e rs p.~ c~r~"Y~wt =- ~/~- ~ r ~vti~,~e glace. s Cdw-rnc~~f~'t< 8. list all City Boards on which you are currently serving or have previously served (Please include dates) 9. Educational qualifications: I 35 G~r~ lavoQ.e j,ano(SCc~.C /~-YLk,,~1Cff/Y~ ~ (uifl' TCYts~~`sh ~ESv ~) 10. List any related professional certifications and licenses which you hold: '~:`~ rv4l _ ~ n 11. Give pout present, or most recent employer, and position. 5 ~~l L ~10t~1~0Y1s .510eCte~~ -~-" ~ n~ a c ~v y m , ~ ~ ~ r 12 Describe experiences, skills of knowledge which qualify you to serve on this board: (Please attach a brief resume) ~L~eaS.~ S~-~ Q~uc~d ~~~Y Q~ ~lv~~~-F rz!S~~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co ~ e in this application caus orfeitute upon my part of any appointment I may receive. .r 'NATURE DATE ,VN 7 7 I Note: This application will remain on file in the- City Clerk's Office for a period of 2 years fr~~~ a g.~'~'as- submitted. It will be the applicants responsibility to ensure that a current application e_ s+crnres~etc~eonxrnnreuc.~~noN ~~ l~ ley 829 N. Lake Avenue Delray Beach, FL 33483 June 23, 2005 Delray Beach City Commissioners 100 N.W. 1~` Avenue Delray Beach, F133444 Dear Commissioners: I am absplutely thrilled by the prospect of serving the Commissioner on the Delray Beach Public Art Advisory Board. It would be a pleasure to contribute to enhancing the community that I have thoroughly enjoyed living in for the past six years. In this short time, I've been delighted to see the public art that has popped up throughout the City. I envision Delray Beach as eventually being an artist enclave, of sorts, with cultural centers, world-class exhibitions, and an art education center for adults and children. It could become a mecca for writers, painters, photographers, sculptors, cinematographers and multi-media artists. The public art would reflect the cultural nuances and dedication to the value of art in our communities and our daily lives. I believe my art background, degree in Landscape Architecture, professional experience with the Palm Beach County Public Affairs Department and twelve years of teaching English to a diversity of students of various nationalities, make me an excellent, well-rounded and well- informed candidate for the Board. In addition, I am very enthusiastic about serving on such a board and have the desire to commit my schedule to monthly meetings as well as special events. I have enclosed a portion of an upcoming issue of .the County Line, the Palm Beach County employee newsletter that I am editor of, that features a cover story about the courthouse public art project that I recently wrote and photographed. Feel free to contact me if you would like more information. I am very excited about devoting my time, energy, knowledge and skills to such a beneficial board! .Sincerely, i Patricia 7: Truscello Pat Truscello 829 N. Lake Avenue, Delray Beach, FL 33483 279-8374 Current Experience - Current Position: Public Relations Specialist, Palm Beach County Board of County Commissioners • Current Committee: Art in Public Places Committee (Palm Beach County Department of Public Affairs) • Current Projects: Field Reporter for TV 20's news program, "On 20," Editor of Palm Beach County employee newsletter (The County Line), Photographer for special events, commissioner requests, promotional materials and County Web site Education = 1978 BS cum laude, Landscape Architecture, SUNY College of Environmental Science & Forestry • 1994 MS, TESOL (Teaching English as a Second Language), University of Massachusetts, Boston • 1985 Certificate with Honors, New England School of Photography, Boston Previous Employment = Taught English as a Second Language at various educational institutions for 12 years including New England Conservatory of Music, Berklee College of Music, Boston University, Harvard University and Kitakyushu YMCA English School (Kokura, Japan) Photography/Media Awards/Honors 2005 Excellence Award (Photography) NAC1O -.Annual Report/Calendar • 2005 Meritorious Award (Editor) NACIO, Internal Publications/Newsletter Format - County Line = 2004 Best in Ctass (Photography) Award of Excellence - NACIO (National Association of County Information Officers) - "Teens are `all ears' when listening to Jane Goodall" - 2004 Superior Award (Photography) NACIO - "Teens are `all ears' when listening to Jane Goodall" • 2004 Excellence Award (Editor) NACIO, Internal Publications Category -County Line • 2004 Excellence Award (Photography) Savvy Awards, 3CMA (City-County Communications and Marketing Association) -County Calendar • 2004 Excellence Award (Photography) NACIO -Annual Report Calendar = 2002 Superior Award, (Photography) NACIO -Photographic Series Award • 1993 Second .Place, (Producing) Cultural Series, National Alliance for Community Media - "Ethnic Beat" =1993 First Place, (Producing) Documentary Profile, National Alliance for Comm. Media - "Welcome to CC" 1991. President, Multicultural Graddate Student,Organization, University of Massachusetts; Boston • 1990- Full Tuition%Stipend, Harvard University Summer School, Division of ESL, Cambridge, MA Photography Exhibitions/Publications = 1988 Red Eye Gallery, Providence, RI, group show, cibachromes • 1988 Gallery 54, Boston, MA, group show, black & white = 1985 NESOP Gallery, Boston, MA, group show, black & white • 1983 Spectrum Gallery, Boston, one-woman show, cibachromes • Published in various newspapers, magazines in Boston area. = Published in various promotional materials for Palm Beach County Board of County Commissioners including the upcoming bus wrap advertisement on Palm Tran's Route 3 bus. = 2001 -present: Published various articles for Palm Beach County Public Affairs, authored brochures 1988 Published autobiographical stories in the Kyushu Post, Kitakyushu, Japan • 2001 - 2005 Artist in Lake Worth Street Painting Festival June 2005 /tiACHc~ ~ o a ~ . ~. .. ~iORI~~ r~i.. t<'. .. C~evv Hires. ~e3 _ ..BCC Busuiess rge 4 . . Petpal Adoption rgc 6 ... . , ,'. Vicnn Scn~ccs: rge 7 .: IMY:4CT'Iiainirig a~;~ ~ .~ _ ~.a.;,,~~;~-d-tins Plant Pruning Lecture at Mounts Where: Mounts Auditor- ium, 531 N. Military Trail, West Palm Beach When: Thursday, July 21, 7 p.m. Fee: $5, members free -;all 233-1747 ~oun~V Lme Art in Public Places Creates New Look for- South County Courthouse One of the latest proj- ects implemented by the Art in Public Places pro- gram is just about com- plete. The South County Courthouse, located at 200 West Atlantic Avenue in Delray Beach, now has a colorful 3,300-square- foot mural covering two exterior walls that can be viewed from Atlantic Avenue. And, the bench Continued on Page 3 New Security Checkpoint Lanes Open at PBIA The first phase of the Palm Beach International Airport security check- point expansion program is now .complete with the opening of five security lanes for Concourse B. The enlarged screening area helps to keep the lines and the wait time for passengers shorter. This western area of the terminal has increased from 3,300 square feet to 16,000 square feet. Also part of the $23.6 million expan- ion that began in November is a much larg er "meet and greet" area located in Concourse A/B. At Concourse C, a wall is being moved 60 feet and the screening lanes will be increased from five to seven. The entire project is expected to be completed by the end of the year. Artist Andrew Reid bas been busy at the South County Courthouse. He bas transformed two large exterior concrete walls into colorful murals that are easily viewed from Atlantic Avenue in Delray Beach. A larger security screening area u now open at ConcourseA/B at Palm Beach InternationalAitport. BCC Business At the June 7, 2005 Board of County Commissioners meeting, the board took the following action: • Biotechnology Development District (BDD) -Named Morgan Stanley as senior manager and Jackson Securities, Janney Montgomery and UBS Financial Services as co- managers of revenue bonds for first phase infrastructure improvements at the Mecca Farms site; appointed Scripps Program Manager Shannon LaRocque as interim district engineer for the BDD; and directed Public Affairs to work with consultants on a new name for the research park. • Homestead Pilot Program -Approved criteria for a local homesteading pilot program under the federal Community Development Block Grant program. The County's Housing and Community Development Deparanent will use $1.2 million in CDBG funds to purchase six homes and resell them at affordable prices to qualified lower-income families. • Traffic Signals -Adopted guidelines for installation of traffic signals in front of residential developments where there is no developer to fund the cost. • Five-Year Road Plan -Approved on preliminary reading and advertised for public hearing on June 21, 2005 at 9:30 a.m. an ordinance to amend the Five-Year Road Program. Legislative Report - Received a report from Legislative Affairs Director Todd Bonlarron on state appropriations and bills stemming from the 2005 Florida Legislative Session and the County's overall lobbying efforts. • Utility Easements -Agreed to compensate 32 private property owners along 40th Street North in The Acreage for utility easements to run pipes to the Mecca Farms project. Now Hear Thin... • Eighty-five percent of Teaming is derived from listening. • Listeners are' distracted, forgetful and preoccupied 75 percent of the time. • Most listeners only recall 50 percent of what they have heard immediately after hearing someone say it; • People spend 45'percent oftheir waking time istening. • Most people only remember about 20 percent of what they hear over time. • People listen at about 125 to 25.b words per minute but think at about 1,000 to 3,000 words per minute. • There have been at least 35 business studies indicating listening as a top skill needed :for success. -adapted from the International Liste~zingAssoc: Web site Continued from cover -public art tops in front of the courthouse are adorned with ceram- ic rile mosaics. In addition, a unique 12-foot ceramic rile pineapple-sculpture bench will be located at the plazas northeast corner, adjacent to the new city library that is under construction. The mural, created by Andrew Reid, is a historical depiction of life in Delray Beach and the south County. The art on the concrete walls portrays a community time- line. Looking from right to left, the painting travels through time beginning with immigrants, farmers, schools and nature, and ending with contemporary imagery including the beach, children and even a postal carrier. The large pineapple, created by Carlos Alves, will be quite a landmark. This ceramic sculpture will be surrounded by a bench seat, and because of its size and color, will be clearly visible from blocks away. The Art in Public Places program previously coordi- nated the barrier art project at the main courthouse on N. Dixie Highway in downtown West Palm Beach. State Legislature Wraps Up The 2005 Florida legislative session recently con- cluded, and the County did well. Some of the funding includes $68.8 million for transportation projects, $14.6 million for local water projects, $4.8 million for beach restoration projects and $3.7 million for park projects. Some of the specific allocations are as follows: Lake Okeechobee restoration - $5 million, Loxahatchee River Preservation Initiative - $3.6 million, Lake Worth Lagoon - $1 million, Palm Beach Island beach restora- tion - $1.1 million, Ocean Ridge Beach renourishment - $1 million, Lake Okeechobee scenic trail - $1 million, turnpike canal protection - $13.4 million, Jog Road par- tial interchange - $9.8 million, Hungryland Canal bridge deck rehabilitation - $3.8 million, PGA Boulevard west of I-95 - $7.8 million, Florida Atlantic University (FAU) Wellness Center - $6.1 million, FAU/Scripps Joint Use Facility - $2 million and about $350,000 for the Palm Beach County i 916 Courthouse. Unfortunately, one of the County's top priorities, the Lake Region Water Treatment Plant, received only $200,000 of the $2.5 million that was hoped for. MEMORANDUM TO: MAYOR AN CITY COMMISSIONERS ~-~ FROM: R NALD H RD, AICP, PRINCIPAL PLANNER ~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: JULY 31, 2007 SUBJECT: AGENDA ITEM # l ©• ~ -REGULAR MEETING OF AUGUST 7, 2007 FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2007-2 (07-21. ITEM BEFORE COMMISSION The item before the Board is that of approval on first reading and transmittal of Comprehensive Plan Amendment 2007-2 to the Florida Department of Community Affairs. BACKGROUND The City Commission initiated Comprehensive Plan Amendment 07-2 on July 10, 2007. The amendment includes one (1) City-initiated Future Land Use Map Amendment, four (4) City- initiated Text Amendments, and two {2) Privately-initiated Text Amendments. Full analysis of each of the following items is contained in the attached Comprehensive Plan amendment. A brief description of each item is listed below: 1. Text Amendments i. City initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the allowable percentage of building area devoted to residential use from 15% to 75% at a maximum density of 30 units per acre within the Four Corners Overlay District, subject to the provision of workforce housing; ii. City initiated: Future Land Use Element -Modification of Policy A-7.2 to include the provision of workforce housing in the Four Corners Overlay District; iii. City initiated: Future Land Use Element -Modification of the description of the TRN (Transitional) Future Land Use designation to allow for increased residential density up to 24 units per acre within the Carver Estates Overlay District, subject to the provision of workforce housing; iv. City initiated: Future Land Use Element -Expansion of the Southwest Neighborhood Area Overlay District to include properties located %2 block on either side of SW 12tH Avenue, between SW 2"d Street and SW 3~d Street. This overlay district allows a maximum density of 24 units per acre, subject to the provision of workforce housing; v. Privately initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the maximum density on City Commission Documentation, Meeting of August 7, 2007 Transmittal of Comprehensive Plan Amendment 2007-2 properties lying within the Four Corners Overlay District which are not located at the intersection of Atlantic Avenue and Military Trail and which have less than 160 feet of direct frontage on Atlantic Avenue to 50 units per acre. Residential development on these properties may comprise up to 100% of the total building area and shall not be subject to the requirement to provide workforce housing; vi. Privately initiated: Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to accommodate expansion of the Carver Estates Overlay Area to include the south portion of the Auburn Trace Development. This area is currently located within the Infill Workforce Housing Area which allows up to 18 units per acre, subject to the provision of workforce housing. Within the Carver Estates Overlay Area, the maximum density will increase to 24 units per area. 2. Future Land Use Map Amendments i. City initiated Future Land Use Map amendment for approximately 3.9 acres, located %2 block on either side of SW 12th Avenue, between SW 2nd Street and SW 3rd Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). It is noted that staff does not recommend approval of privately initiated text amendment item 1.v. This proposal is not consistent with the adopted Florida Public Officials Design Institute's report for the Four Corners site. The Design Institute's recommendation encourages mixed-use development, including office, commercial and residential uses, utilizing new urbanism design elements. The report included recommendations that the development mass be increased at the corners and that incentives be implemented to provide mixed-use development, including workforce housing. The proposed text amendment seeks to allow residential development to comprise 100% of the total building area on certain properties and to provide an exception for the provision of workforce housing. Since the overlay district was created with the express purpose to encourage mixed-use development and to provide workforce housing, staff does not support these modifications. REVIEW BY OTHERS The Planning and Zoning Board held its public hearing regarding the Comprehensive Plan Amendment on July 16, 2007. Presentations were made by the applicants for the two privately initiated text amendments and one member of the public spoke against text amendment item 1.v. After discussion of the FLUM and text amendments, the Board voted on each item individually. Overall, the Board voted to recommend approval of the FLUM amendment and all of the text amendments, except item 1.v., on a 4 to 0 vote (Glickstein, Perez-Azua and Pike absent), by adopting the findings of fact and law contained in the staff report and finding that the Future Land Use Map amendment and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDATION By motion, omit the privately initiated text amendment item 1.v., and approve on first reading, Ordinance No. 22-07, by adopting the findings of fact and law contained in the staff report and finding that the amendment supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan and finding that the Future Land Use Map amendment (item 2.i.) is 2 City Commission Documentation, Meeting of August 7, 2007 Transmittal of Comprehensive Plan Amendment 2007-2 consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (PLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, and transmit the Amendment, containing the materials in the staff report with attachments to the Florida Department of Community Affairs. Attachments: ^ Comprehensive Plan Amendment 2007-2 ^ Ordinance No. 22-07 3 ORDINANCE N0.22-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSNE PLAN AMENDMENT 2007-2, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2007-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act' ;and WHEREAS, via Ordinance No. 82-$9, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2007-2; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 16, 2007, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the Ciry Commission that the proposed Comprehensive Plan Amendment 2007-2, minus the privately-initiated text amendment modifying the description of the GC (General Commercial) Future Land Use designation to increase the maximum density on properties Lying within the Four Corners Overlay District which aze not located at the intersection of Atlantic Avenue and Military Trail and which have less than 160 feet of direct frontage on Atlantic Avenue to 50 units per acre; and to allow residential development on these properties to comprise up to 100% of the total building area and not be subject to the requirement to provide workforce housing; be transmitted; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Boazd, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, proposed Comprehensive Plan Amendment 2007-2 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach fmds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2007-2 was held by the City Commission on August 7, 2007, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2007-2 was held on , in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2007-2," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2007-2. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other ORD. N0.22-07 than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs( DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST MAYOR City Clerk First Reading Second Reading ORD. N0.22-07 _~ CITY OF DELRAY BEACH, FLORIDA s FH COMPREFIENSIVE PLAN AMENDMENT 2007 - 2 Planning & Zoning Board Transmittal Public Hearing July 16, 2007 City Commission Transmittal Public Hearing August 7, 2007 COMPREHENSIVE PLAN AMENDMENT 07-2 CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS Pape TEXT CHANGES - (CITY INITIATED) 1 Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation. 6 Future Land Use Element -Policy A-7.2 (Workforce Housing Densities) 7 Future Land Use Element -Modification of the description of the TRN (Transitional) Future Land Use designation. 8 Future Land Use Element -Modification of the description of the Medium Density Future Land Use Designation to expand the Southwest Neighborhood Overlay District. TEXT CHANGES - (PRIVATELY INITIATED) 9 Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation. 10 Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to expand the Carver Estates Overlay District. AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 14 Southwest Neighborhood Area - SW 12th Avenue COMPREHENSIVE PLAN AMENDMENT 07-2 CITY OF DELRAY BEACH, FLORIDA TEXT CHANGES CITY lNITlATED TEXT CHANGES: 1) Location: Pg. FL-43, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to 15% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 18 units per acre by obtaining density bonuses through the provision of workforce housing units. Change: REVISION General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses except for mixed-use development within the Four Corners Overlay District where the nonresidential component is limited to an FAR of 2.0. Residential uses may comprise up to 15% of the total floor area, except within t_he Four Corners Overlay District where residential uses may comprise up to 75% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this (~) designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Comment: This revision is being made to support the creation of the Four Corners Overlay District. The new overlay district implements the adopted Florida Public Officials Design Institute's report that encourages mixed-use development, including office, commercial and residential uses utilizing new urbanism design elements. This report was generated on December 9th and 10th of 2004, by the Florida Public Officials Design Institute of Abacoa (a collaboration of Florida Atlantic University Center for Urban and Environmental Solutions and South Florida Community Leaders) for the Four Corners site which includes the four commercial nodes at the intersection of West Atlantic Avenue and Military Trail. The Institute published the development recommendations in a "Design Institute Report". The Design Institute's recommendation for the Four Corners site was that a master plan in which this site would be connected as part of a cohesive development of the intersection be prepared. The report included recommendations that the development mass be increased at the corners and that incentives be implemented to provide mixed-use development, including workforce housing. Specific recommendations included: • Future development should highlight opportunities for a Transit orientated development (TOD) which includes mixed-use development; (TOD is usually a mixed-use development including moderate fo high density housing that emphasizes a pedestrian orientated environment and encourages the use of public transportation); • Encourage mixed-use development with commercial or office on the ground floor and residential above while utilizing new urbanism design elements; • Encourage adaptive reuse of existing structures and implement zoning changes which promote mixed-use; and • Overall focus for the sites should be to distinguish Phis intersection from others along the Military Trail corridor. The overlay district is being created to encourage mixed-use redevelopment of this prominent intersection within the City of Delray Beach through the implementation of more flexible development standards, including greater building heights (up to 60 feet), and increased residential densities. The overlay district will provide for a mix of office, commercial and residential uses, including workforce housing. Office and general retail uses, including direct support services and other retail uses, will be allowed at 100% of the overall building square footage. Multifamily residential development, will be permitted up to a maximum density of 30 units per acre and limited to a maximum of 75% of total building square footage. A minimum of 20% of these residential units are to be workforce housing units; are to be moderately priced units; and are subject to the City's Workforce Housing Ordinance (LDR Article 4.7). By reducing the maximum FAR for nonresidential uses from 3.0 to 2.0, when part of a mixed-use project, the overall intensity will not be increased. (2) Overall, the proposed text amendment is about providing opportunities and incentives to spur redevelopment in the direction that the City needs to go. Although the City can provide this opportunity for change, the private sector will ultimately be responsible for the redevelopment. It is acknowledged that redevelopment of the four corners area will be a long term process, well beyond the current planning period. The concurrency analysis assumes total redevelopment of all of the property in the overlay district at the maximum intensity allowed under the new provisions. As shown on the following table, since the maximum nonresidential FAR is being reduced for mixed-use development from 3.0 to 2.0, the development of a mixed-use project under the new provisions would result in a substantial reduction in nonresidential building area. Therefore, the maximum development potential with the proposed amendment would be to eliminate the residential component completely and develop a retail only project at an FAR of 3.0. This results in a net reduction in development potential from what was previously permitted. A comparative analysis of the maximum mixed-use development of the property has been provided to support this conclusion. Table 1: Mixed-Use Development Potential Four Corners Overlay District EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Mixed Use Development acres) (acres) Potential Mixed-Use Mixed-Use GC 8,115,228 SF Retail (FAR 3.0) GC 5,410,152 SF Retail (FAR 2.0) (62.1 acres) 745 Multi-Family Residential Units (62.1 acres) 1,863 Multi-Family Residential Units (12 units per acre) (30 units per acre) Traffic: An analysis of the traffic impacts associated with mixed-use development was conducted. Since the residential development generates less traffic than the reduced retail uses, its addition to the land use mix will represent a net reduction in potential traffic volumes. Therefore, a retail only scenario at the maximum FAR of 3.0 would generate more traffic than mixed-use development. Table 2: Trip Generation Comparison Mixed-Use Development Four Corners Overlay District EXISTING Land lJse ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 8,115,228 LN(T)=0.64 LN X + 5.87 112,528 Residential Apartments 220 745 7.00 5,215 TOTALS 117,743 PROPOSED (MIXED-USE) Land Use ITE Intensity Trip Generation Rate. Total Trips Retail Shopping Center 820 5,410,152 LN(T)=0.64 LN(X) + 5.87 86,809 Residential Apartments 220 1,863 7.00 13,041 TOTALS 99,850 (3) Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant was constructed in 1972, with a programmed life of 50 years (2022). The City's Water Treatment System has a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The City's consumptive use permit currently limits the annual withdraw to 6.937 billion gallons which equates to an average of 19 mgd. Current demand averages 17.1 mgd or 257 gallons per day per capita. In 2010, the consumptive use permit will expire, and withdrawal will be limited to an average of 15.9 mgd. With a 2010 projected demand of 19 mgd, measures are being taken to make up the shortfall through conservation and the use of reclaimed water for irrigation. Through these measures, the City estimates that it has adequate capacity to meet its demand through the year 2015. A capacity study will be prepared in FY06/07 to update the capacity analysis for the City system and provide alternatives to deal with increased demand after 2015. The adopted LOS standard for the City's Wastewater Treatment System is a generation inflow of 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the city's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with (4) obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that `The City will have sufficient recreation facilities at build-out to meet the adopted standards."The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes an existing level of service of 7.5 acres per 1,000 residents, far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Education (School concurrency): School concurrency is addressed with all proposals for residential development. Since no proposed project exists at this time, a formal determination by the school board has not been made. Development of all the property at the maximum density is unlikely. The total number of residential units which may ultimately be constructed in this area is unknown at this time. In any event, all future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown on the following table, with the amendment, the development of a mixed-use project would result in a net decrease in solid waste generation. In its annual capacity letter, dated January 17, 2007, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. Table 3: Solid Waste Generation Mixed-Use Development Four Corners Overlay District Existing .Maximum Development Potential Proposed Mixed-Use Maximum Development Potential 8,115,228 SF Retail @ 10.2 Ibs/sf = 41,387 tons/yr 5,410,152 SF Retail @10.2Ibs/sf = 27,597 tons/year 745 MF Units @.52 tons/year = 387 tons/yr 1,863 MF Units @ .52 tons/year = 969 tons/year The Future Land Use Map, depicting the Four Corners Overlay District, is attached as Support Document #3. (5) 2) Location: Future Land Use Element - Pg. FL- 27, Policy A-7.2 (Workforce Housing) Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. Change: REVISION Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. Comment: This revision is being made to support the addition of a Workforce Housing Overlay District. A Four Corners Overlay District, which is being created to encourage mixed-use redevelopment, will provide for a mix of office, commercial and residential uses, including workforce housing. If residential development is included within a project's development mix, a minimum of 20% of the units must be workforce housing. All of the areas where additional density may be applied to support the City's effort to encourage the provision of workforce housing have been identified and are included on the Future Land Use Map. See Support Document #2 -Map of Existing Workforce Housing Overlay Areas and Map of Congress Avenue Mixed Use FLUM designation. The proposed Future Land Use Map, depicting the Four Corners Overlay District, is attached as Support Document #3. (6) Note: If the privately initiated text amendment dealing with this area is approved, the additional language for this policy would be modified to read as follows: • The Four Corners Overlay District shall have a maximum density of 30 units per acre except for properties which are not located at the intersection of Atlantic Avenue and Military Trail and which have less than 160 feet of direct frontage on Atlantic Avenue. These properties shall have a maximum density of 50 units per acre. 3) Location: Pg. FL-42, Description of the Transitional FLUM designation. TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Areas with this designation, located within a workforce housing overlay district, may exceed 12 units per acre up to a maximum of 18 units per acre by obtaining density bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. Change: Correction TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Areas with this designation, located within a workforce housing overlay (7) district, may exceed 12 units per acre up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. Comment: The Carver Estates Overlay Area was modified in Comprehensive Plan Amendment 2005-2 to increase the maximum density from 12 units per acre to 24 units per acre, subject to the provision of workforce housing. A text amendment was processed whereby, the description of the Medium Density Future Land Use Map designation was modified to include provisions for this increased density. As shown in the Planning & Zoning Board Staff Report, containing the ORC response submitted with the 2005-2 amendment (See Support Document #4), the FLUM designation for the Carver Estates Overlay District was Transitional -not Medium Density Residential. Accordingly, the modifying language associated with this overlay district should have been included in the description of the Transitional Designation instead of the Medium Density Designation. The current text amendment is being made to correct this error. Although this correction also includes striking the language associated with the Carver Estates Overlay District from the description of the Medium Density residential Designation, that correction is not being included here, because aprivately-initiated text amendment seeks to expand the Carver Estates Overlay District northward into the Medium Density FLUM designation. However, if that text amendment is not approved as part of this Comprehensive Plan Amendment, the Medium Density description will be modified accordingly. (See Text Amendment #5 below) 4) Location: Pg. FL-42, Description of the Medium Density FLUM designation. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District, between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre, up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within other overlay districts by obtaining density bonuses through the provision of workforce housing units. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Change: REVISION Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the (8) Southwest Neighborhood Area Overlay District Iyinq between the commercial area along West Atlantic Avenue and SW 2nd Street (SW 3rd Street along SW 12th Avenue), from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre, up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within other overlay districts by obtaining density bonuses through the provision of workforce housing units. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Comment: This revision is being made to facilitate redevelopment of the subject properties. An opportunity currently exist for apublic/private initiative to revitalize and stabilize the area. The SW 12th Avenue corridor is the northern entrance to the Carver Estates and Auburn Trace developments. These projects are part of a private sector redevelopment initiative that will have a major impact on the entire neighborhood. To protect his investment, the developer has indicated his willingness to undertake the redevelopment of the northern part of the corridor. However, the existing zoning on the subject property makes redevelopment of that block financially infeasible. The City's role in this overall redevelopment initiative is to provide the private sector with the necessary tools to accomplish the redevelopment. The proposed Future Land Use Map, depicting the expansion of the Southwest Neighborhood Overlay District, is attached as Support Document #5. Also see Support Document #1 -Southwest Neighborhood Area (SW 12th Avenue) -FLUM Amendment and Rezoning staff report. PRlVATELYlNITlATED TEXT CHANGES: 5) Location: Pg. FL-43, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to 15% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 18 units per acre by obtaining density bonuses through the provision of workforce housing units. (9) Change: REVISION General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses except for mixed-use development within the Four Corners Overlay District where the nonresidential component is limited to an FAR of 2.0. Residential uses may comprise up to 15% of the total floor area, except within the Four Corners Overlay District where residential uses may comprise up to 75% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. For those properties Iying within the Four Corners Overlay District which are not located at the intersection of Atlantic Avenue and Military Trail and which have less than 160 feet of direct frontage on Atlantic Avenue, the maximum density may be increased to 50 units per acre. Residential development on these properties may comprise up to 100% of the total building area and shall not be subject to the requirement to provide workforce housing. Comment: The Future Land Use Map, depicting the Four Corners Overlay District, is attached as Support Document #3. In addition to the changes being proposed in City initiated text amendment #1, this privately initiated amendment seeks to allow residential development to comprise 100% of the total building area on certain properties and to provide an exception for the provision of workforce housing. However, since the overlay district was created with the express purpose to encourage mixed-use development and to provide workforce housing, Staff does not support these modifications. As discussed in the Comment section for Text Amendment #1, the maximum development potential on the property will be reduced with the proposed amendment due to a reduction in the FAR for nonresidential uses in mixed-use developments. Therefore, no concurrency analysis is necessary. 6) Location: Pg. FL-42, Description of the Medium Density FLUM designation. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District, between the commercial area along ( 70 ) West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre, up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within other overlay districts by obtaining density bonuses through the provision of workforce housing units. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Comment: This privately initiated text amendment is being processed as a revision, since the existing language, underlined above, was added to the Medium Density description in error with Comprehensive Plan Amendment 2005-2. If a text amendment had not been submitted to expand the Carver Estates Overlay District northward into the Medium Density Designation, the underlined text would have been removed as part of the correction discussed in Text Amendment #3. The text amendment seeks to retain the existing language which allows for a maximum density of 24 units per acre within the Carver Estates Overlay District. The expanded overlay district will include the southern half of Auburn Trace (an existing multi-family residential development), where the higher density is required to support redevelopment. This project is part of a large scale private sector redevelopment initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. In addition to the redevelopment of Auburn Trace and Carver Estates, this initiative includes the rehabilitation or redevelopment of blighted properties along SW 12th Avenue to the north, streetscape improvements and signage. If this amendment is not approved, the subject area will be reduced to 18 units per acre as allowed within the Infill Workforce Housing Area. (See the Future Land Use Map in Support Document #4). A comparison of the maximum development potential associated with this amendment is summarized in the following table: Table 1: Existing and Proposed Maximum Residential Development Potential Carver Estates Overlay District Expansion " `EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Development Potential acres acres) Multiple Family Development Multiple Family Development MD 216 units MD 288 units (12 acres) Infill Workforce Housing Area (12 acres) Carver Estates Overlay District 18 units er acre max 24 units er acre max As shown in the table, the proposed amendment would allow a maximum of 288 units (12 acres X 24 u/a = 288), which represents an increased residential development potential of 72 units over that currently allowed within the Infill Workforce Housing Area. A discussion of (~~) the impacts associated with this increase in the maximum residential development potential for this area is given below. Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant was constructed in 1972, with a programmed life of 50 years (2022). The City's Water Treatment System has a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The City's consumptive use permit currently limits the annual withdraw to 6.937 billion gallons which equates to an average of 19 mgd. Current demand averages 17.1 mgd or 257 gallons per day per capita. In 2010, the consumptive use permit will expire, and withdrawal will be limited to an average of 15.9 mgd. With a 2010 projected demand of 19 mgd, measures are being taken to make up the shortfall through conservation and the use of reclaimed water for irrigation. Through these measures, the City estimates that it has adequate capacity to meet its demand through the year 2015. A capacity study will be prepared in FY06i07 to update the capacity analysis for the City system and provide alternatives to deal with increased demand after 2015. The adopted LOS standard for the City's Wastewater Treatment System is a generation inflow of 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the city's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. ( 72 ) Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and the additional impacts caused by the increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that `The City will have sufficient recreation facilities at build-out to meet the adopted standards."The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes an existing level of service of 7.5 acres per 1,000 residents, far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Education (School Concurrency): School concurrency is addressed with all proposals for residential development. Although a formal determination by the school board has not been made, the additional 72 unit potential with this amendment will not represent a concurrency problem. In any event, all future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown in the following table, the text amendment will result in a maximum potential impact of 149.76 tons per year-an increase of 37.44 tons/year. The increased solid waste generated by the maximum development potential for this area can be accommodated by existing facilities. In its annual capacity letter, dated January 17, 2007, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the frve and fen year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. Table 2: Existing and Proposed Maximum Development Potential Solid Waste Generation Carver Estates Overlay District Expansion Existing Maximum Development Potential Proposed Maximum Development Potential 216 Multi-Family Units @ .52 tons/year = 112.32 tons/year 288 Multi-Family Units @ .52 tons/year = 149.76 tons/year ( 73 ) Traffic: As shown on the following table, the potential traffic associated with an additional 72 multi-family units is 504 ADT (7 trips per unit). The Southwest Neighborhood Area lies within the eastern half of the City, and is located within the Coastal Residential Exception Area. As stated in Article 12 of Palm Beach County's Unified Land Development Code, Traffic Performance Standards, "The Coastal Residential exception to the LOS requirements of this Article promotes urban infill and deters urban sprawl. It also promotes redevelopment. It provides closer proximity of residential uses to commercial uses and employment bases, thereby reducing the impact on the overall Major Thoroughfare system, pollution, the use of fossil fuels and other resources, and the travel time and needs of the public." This exception from traffic concurrency applies to both residential projects and the residential portion of mixed-use projects east of I-95. It is noted, however, that traffic studies for new development are required during the Site Plan Approval process and impacts to local roadways are identified and mitigated at that time. Table 3: Trip Generation Comparison Carver Estates Overlay District Expansion ExiSting'Maximum Residential Development Potential Proposed Maximum Residential Development Potential 216 Multi-Family Units @ 7 ADT = 1,512 ADT 288 Multi-Family Units @ 7 ADT = 2,016 ADT AMENDMENTS TO THE FUTURE LAND USE MAP CITY !N!TlATED FUTURE LAND USE MAP AMENDMENTS: • Future Land Use Map amendment for approximately 3.9 acres, located '/2 block on either side of SW 12th Avenue, between SW 2nd Street and SW 3rd Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). See Support Document #1 -Southwest Neighborhood Area (SW 12~' Avenue) - FLUM Amendment and Rezoning staff report. s:lplanning & zoningllongrangelcomplamend 07-2ltransmitta1107-2 maindoc xmit.doc ( 74 ) COMPREHENSIVE PLAN AMENDMENT 07-2 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Southwest Neighborhood Area - SW 12th Street FLUM Amendment & Rezoning Staff Report SD #1 - -~;~~-.,~. _ - -~.,-.-~~z PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: July 16, 2007 ---STAFF REPORT--- AGENDA ITEM: III.A.(2)(i) ITEM: City initiated Future Land Use Map Amendment for Approximately 3.90 Acres, Located %2 Block on Either Side of S.W. 12`h Avenue, between S.W. 2"d Street and S.W. 3Td Street, from LD (Low Density Residential, 0 - 5 Units/Acre) to MD (Medium Density Residential, 5 - 12 Units/Acre) and Associated Rezoning from R-1-A (Single Family Residential) to RM (Multiple Family Residential, Medium Density}. GENERAL DATA: Owner ............................. N/A Applicant/Agent .............. City of Delray Beach. Location .......................... Located %2 Block on Either Side of S.W. 12`h Avenue, between S.W. 2"d Street and S.W. 3~d Street. Property Size .................. 3.90 Acres. Future Land Use Map..... LD (Low Density Residential, 0 - 5 Units/Acre). Proposed FLUM ............. MD (Medium Density Residential, 5 - 12 Units/Acre). Current Zoning ............... R-1-A (Single Family Residential). Proposed Zoning.......... RM (Multiple Family Residential, Medium Density). Adjacent Zoning....North: RM (Multiple Family Residential, Medium Density) & CF (Community Facilities). East: R-1-A (Single Family Residential). South: R-1-A (Single Family Residential) & CF (Community Facilities). West: R-1-A (Single Family Residential). Existing Land Use.......... Duplexes & Single Family Residences Proposed Land Use........ Multi-Family Housing. Water Service ................. Connection available via an existin~ water main located within S.W. 12 Avenue. Sewer Service ................ Connection available via an existing sanitary sewer main located within S.W. 12`h Avenue. N.W. 1ST T. ~. ATLANTIC A V E N U E S. W, 1ST ST. ~ ~ S. W. 2ND ST. 3 3 S. W. 3RD 5T. DfLRAY z FULL SERVICE CENTER $_W, 4TH ST. AueuRN aRaF N. a~ m ~ AST <¢ ~' Ci z s AUBURN DR. III.A.(2)(i) ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a proposed Future Land Use (PLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A {Single Family Residential) to RM (Multiple Family Residential -Medium Density). The subject property includes 24 lots, totaling 3.9 acres, located 'h block east and west of SW 12`h Avenue, between SW 2"d Street and SW 3`d Street (See attached Map). The legal description for the property is as follows: Lots 13 through 24 inclusive, Block 4, Atlantic Park Gardens, as recorded in Plat Book 74, Page 56 of the Public Records of Palm Beach County, Florida; Together With; Lots 7 through 12 inclusive, Block 7, Atlantic Gardens, as recorded in Plat Book 74, Page 63 of the Public Records of Palm Beach County, Florida. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to PLUM Amendments and Rezoning of any property within the City. BACKGROUND In concert with a proposed private sector redevelopment initiative for Carver Estates and Auburn Trace, the developer for the project has asked the City and the CRA to provide assistance to clean up the SW 12t" Avenue corridor. Given blighted conditions along the north side of this corridor, the developer is concerned that this may have a negative impact on his redevelopment effort to the south. SW 12th Avenue is a City collector, which connects West Atlantic Avenue to SW 10th Street. The roadway's name changes to Auburn Avenue south of SW 3rd Street and then shifts westward to become SW 14th Avenue, south of SW 8th Street. With development of the Delray Full Service Center, Village Academy School, Catherine Strong Center, the Boys and Girls Club, and the Head Start facility, the area on the west side of SW 12th Avenue, south of SW 3rd Street has become a major community service center within the city. The area north of SW 3rd Street is another matter. There have been few improvements in this area in many years. Any cleanup effort will have to deal with the rehabilitation or redevelopment of blighted properties, streetscape improvements and signage. Although the developer has agreed to undertake this task, several obstacles have been identified. While most of the existing development between West Atlantic Avenue and SW 3`d Street is in poor condition, the area between SW 2"d and SW 3`d Street presents the biggest challenge. Although this block is zoned R-1-A (Single Family Residential), 20 of the 24 lots contain nonconforming duplexes. Under the existing zoning, redevelopment of these properties is limited to single family homes. Under these conditions, there is no incentive for redevelopment. Redevelopment of the residential area between the commercial zoning along West Atlantic Avenue and SW 2"d Street is less problematic. With RM (Multiple Family Residential - Medium Density) zoning and inclusion within the Southwest Neighborhood Overlay District, which permits up to 24 units per acre with the provision of Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12'h Avenue Page 2 workforce housing, this area has enough development potential to encourage redevelopment. By extending this zoning and Overlay District southward, into the 200 block of SW 12th Avenue, redevelopment of that area will become much more feasible. The purpose of the proposed FLUM amendment and rezoning is to provide an incentive for this redevelopment. A separate text amendment, which will expand the Southwest Neighborhood Overlay District, is also being processed as part of Comprehensive Plan Amendment 2007-2. FUTURE LAND 'USE MAP AMENDMENT ANALYSIS REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. 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 proposed FLUM amendment will assign a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac). The proposed rezoning to RM (Multiple Family Residential -Medium Density) is consistent with this FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: • Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 3 City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. As noted above, a major private sector redevelopment initiative is currently underway involving the Carver Estates and Auburn Trace Developments. This proposed multi- family residential project will include a mix of townhouse and apartment buildings with a large workforce housing component, which is a priority of the City. Since this redevelopment effort will require substantial investment and risk, the developer has requested the assistance of the City and CRA to reduce that risk by helping to improve conditions along the northern entrance to the project. The existing development along SW 12th Avenue, between SW 2"d Street and SW 3`d Street, is blighted and in need of redevelopment. However, this property is zoned for single family homes and 20 of the 24 lots contain nonconforming duplexes. Under these conditions, there is no incentive for redevelopment. The developer is willing to undertake this effort, but additional density is needed to make the project financially feasible. The proposed FLUM amendment will allow the property to be rezoned for higher density. Without these changes, it is unlikely that this area will be redeveloped, without direct investment by the City or CRA. Taking advantage of this opportunity to shift the cost to the private sector through the use of increased density as an incentive, is in the best interests of the City. With the ultimate redevelopment of the property as a goal, the proposed amendment fulfills a number of Comprehensive Plan Objectives stated below: Future Land Use Element Objective A-2: To reduce, and eventually eliminate, uses which are inconsistent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. The purpose of the amendment is to facilitate the removal of the existing nonconforming blighted duplexes through private redevelopment of the property. The removal of these incompatible structures furthers this objective. Housin_g Element Objective A-6: For those areas identified as needing "rehabilitation" on the Residential Neighborhood Categorization Map, the City, through its Community Improvement Department, shall provide concentrated programs of code enforcement, public investment in infrastructure, public assistance in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, and special social programs all directed toward the stabilization and revitalization of those designated areas. The subject property is identified as needing rehabilitation on the "Residential Neighborhood Categorization Map," within the Housing Element of the Comprehensive Plan. The immediate objective of the amendment to create an opportunity for the private sector to address the existing blighted conditions through redevelopment of the subject property. However, it must also be remembered, that redevelopment of this property is just one part of a much greater initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. In addition to those listed above, Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 4 other Objectives and Policies that will be furthered by the proposed amendment are discussed in the Comprehensive Plan Consistency Section below. • Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Policy C-1.7: The following pertains fo the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10fh Street on the south, Intersfate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated sfructures, substandard parking and subsfandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopmenf Plan is divided info five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub-area #1, "the Northwest Quadrant." This sub-area extends from I-95 to S.W. 8th Avenue, and from Atlantic Avenue to S.W. 3rd Street. Sub-area #1 is identified as "infill area," consisting of residential neighborhoods that are experiencing deterioration. The Southwest Area Neighborhood Redevelopment Plan recommends that this sub-area be redeveloped with a neighborhood serving commercial activity center along Atlantic Avenue, and a mixture of multi-family housing (apartmentsitownhomes), single family homes, and green spaces. The Plan also calls for strengthening the existing single family areas south of SW 2"d Street with new infill houses and neighborhood green spaces. Unfortunately, the subject property along SW 12th Avenue is already developed in a manner not consistent with this vision. The existing development consists primarily of depilated duplexes, which are unlikely to be replaced by single family homes without major investment by the City or CRA. The proposed FLUM amendment and rezoning will expand the multi-family area southward to include this area. This will provide an incentive for the private sector to redevelop the area. Although this proposal conflicts with the specific recommendation in the plan for single family development, it is consistent with the overall vision of the Plan to revitalize and stabilize the neighborhood. After the FLUM amendment and rezoning are approved, the Southwest Area Neighborhood Redevelopment Plan will be amended Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 5 to support the change. After that occurs, the new FLUM designation and zoning district will be consistent with Future Land Use Element Policy C-1.7. Future Land Use Element Objective A-7: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary fo adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property, which contains 24 platted lots. Four of these lots contain single family homes. The remaining 20 lots contain blighted duplexes, which are nonconforming within the existing R-1-A zoning district. Without a change in circumstances, there is little chance that the property will ever be redeveloped. However, with the proposed FLUM amendment and rezoning, the development potential of the property will be increased, thereby creating an opportunity for redevelopment. Although the surrounding residential neighborhood is blighted, it is anticipated that the private sector redevelopment of the Carver Estates and Auburn Trace developments to the south, as well as these properties, will have a positive effect on the entire area. Redevelopment of the 12~' Avenue corridor is necessary to assure the success of the Carver Estates and Auburn Trace redevelopment effort. Redevelopment of the subject properties, consistent with the proposed MD FLUM designation and RM zoning district, would consist of a combination of townhouses and apartments. This development pattern is an extension of what is currently allowed immediately to the north and further south in the Auburn Trace and Carver Estates developments. This type of development is complimentary to the existing development pattern in the neighborhood. Elimination of the depilated duplexes will have a positive effect on the surrounding area and the additional residential units will add to the customer base for the existing commercial uses along West Atlantic Avenue and aid in the redevelopment of this corridor. The proposed redevelopment will also enable the fulfillment of remaining land use needs by the provision of workforce housing. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-1, that the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Objective A-7 : To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policy A-7.7: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program': The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise maybe built. Housing Element Objective B-7: The City's existing housing supply accommodates households having a wide range of economic ability. There is very little vacant land left, especially large tracts, for new housing development. Through its housing programs, the Cify shall work to ensure that there confinues to be an adequate supply of housing to accommodate very low, low, and moderate income households, as well as manufactured and mobile homes. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12~h Avenue Page 6 Housing Elemenf Objective B-Z :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 this Element. The proposed FLUM amendment and rezoning will further these policies by allowing the Southwest Neighborhood Overlay District to be expanded into this area. This expansion will create an opportunity for additional workforce housing units to be constructed within the City. Based on the above, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. ~ concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As noted earlier, in addition to the proposed FLUM amendment and associated rezoning, a separate text amendment for the subject property is also being processed as part of Comprehensive Plan Amendment 2007-2. The purpose of the text amendment is to include this area within the Southwest Neighborhood Overlay District, which permits a maximum density of 24 units per acre, subject to the provision of workforce housing. Since the text amendment will be reviewed as a separate issue, the proposed FLUM amendment and rezoning will be evaluated independently with regard to concurrency issues. Therefore, for the purpose of this report, it is assumed that highest intensity possible under the requested MD designation will be multi-family residential development at a maximum density of 12 units per acre. It is also important to note that although this analysis will be based on a comparison of the maximum development potential under the existing and proposed FLUM designations, existing development on the property currently exceeds that allowed under the existing FLUM designation. Of the 24 lots within the subject area, only four are conforming single family homes. The remaining twenty lots are developed as duplexes. Overall, the area currently contains a total of 44 residential units, representing a density of 11.28 units per acre. A comparison of the maximum development potential for existing and proposed FLUM designations is summarized in the following table: Table 1: Existing and Proposed Maximum Residential Development Potential SW 12~h Avenue EXISTING PROPOSED ` FLUM Maximum Development Potential FLUM Maximum Development Potential acres. acres Multiple Family Development MD Multiple Family Development LD (3.9 acres) 19 units (5 units per acre max) (3.9 acres) 46 units (12 units per acre max) As shown in the table, the proposed MD FLUM designation would allow a maximum of 46 units (3.9 acre X 12 u/a = 46), which represents an increased residential development potential of 27 units over that currently allowed under the existing LD FLUM designation (3.9 acre X 5 u/a = 19). A discussion of the impacts associated with Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 7 this increase in the maximum residential development potential for this area is given below: Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant was constructed in 1972, with a programmed life of 50 years (2022). The City's Water Treatment System has a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The City's consumptive use permit currently limits the annual withdraw to 6.937 billion gallons which equates to an average of 19 mgd. Current demand averages 17.1 mgd or 257 gallons per day per capita. In 2010, the consumptive use permit will expire, and withdrawal will be limited to an average of 15.9 mgd. With a 2010 projected demand of 19 mgd, measures are being taken to make up the shortfall-through conservation and the use of reclaimed water for irrigation. Through these measures, the City estimates that it has adequate capacity to meet its demand through the year 2015. A capacity study will be prepared in FY06/07 to update the capacity analysis for the City system and provide alternatives to deal with increased demand after 2015. The adopted LOS standard for the City's Wastewater Treatment System is a generation inflow of 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the city's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to al! areas within the City's service area. Installafion of facilities shall be programmed when the need is demonstrated. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12'h Avenue Page 8 Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and the additional impacts caused by the increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The Cify will have sufficient recreafion facilities at build-out to meet the adopted standards."The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes an existing level of service of 7.5 acres per 1,000 residents, far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Education (School Concurrency): School concurrency is addressed with all proposals for residential development. Although a formal determination by the school board has not been made, the additional 27 unit potential with this amendment will not represent a concurrency problem. In any event, all future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown in the following table, the FLUM amendment will result in a maximum potential impact of 23.92 tons per year-an increase of 14.04 tons/year. The increased solid waste generated by the maximum development potential for this area can be accommodated by existing facilities. In its annual capacity letter, dated January 17, 2007, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and fhe five and ten year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. Table 2: Existing and Proposed Maximum Development Potential Solid Waste Generation SW 12'h Avenue Existing Maximum Development Potential 'Proposed :Maximum Development Potential 19 Multi-Family Units @ .52 tons/year = 9.88 tons/year 46 Multi-Family Units @ .52 tons/year = 23.92 tons/year Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12~h Avenue Page 9 Traffic: As shown on the following table, the potential traffic associated with an additional 27 multi-family units is 189 ADT (7 trips per unit). The Southwest Neighborhood Area lies within the eastern half of the City, and is located within the Coastal Residential Exception Area. As stated in Article 12 of Palm Beach County's Unified Land Development Code, Traffic Performance Standards, "The Coastal Residential exception to the LOS requirements of this Article promotes urban infill and deters urban sprawl. It also promotes redevelopment. It provides closer proximity of residential uses to commercial uses and employment bases, thereby reducing the impact on the overall Major Thoroughfare system, pollution, the use of fossil fuels and other resources, and the travel time and needs of the public."This exception from traffic concurrency applies to both residential projects and the residential portion of mixed-use projects east of I-95. It is noted, however, that traffic studies for new development are required during the Site Plan Approval process and impacts to local roadways are identified and mitigated at that time. Table 3: Trip Generation Comparison SW 12~h Avenue Existing Maximum Residential Development Potential Proposed Maximum Residential Development Potential 19 Multi-Family Units @ 7 ADT = 133 ADT 46 Multi-Family Units @ 7 ADT = 322 ADT Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM designation is compatible with the surrounding neighborhood, which consist primarily of single family homes, duplexes and multiple family buildings. Community service facilities to the south include the Delray Full Service Center, Village Academy School, Catherine Strong Center, the Boys and Girls Club, and the Head Start facility. Together, these facilities make up the what is termed the Village Center in the Southwest Area Neighborhood Redevelopment Plan. The area to the north is zoned for higher intensity residential development, so any redevelopment of that area will be consistent with the subject property. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 10 ZONING ANALYSIS" REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in .allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. The following zoning designations and uses directly border the property: Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 11 Table 4: Zoning and Use of Adjacent Property SW 12`h Avenue Zoning Designation: Use. Delray Beach Community Land Trust North RM and CF Office & Du lex Delray Full Service Center & Single South R-1-A and CF Famil Homes East R-1-A Sin le Famil Homes Single Family Homes, Duplexes & West R-1-A Ebenezer Ba tist Church Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezoning are "b" and "c": based on the following: The proposed rezoning is necessary to facilitate redevelopment of the subject properties. An opportunity currently exist for apublic/private initiative to revitalize and stabilize the area. The SW 12`h Avenue corridor is the northern entrance to the Carver Estates and Auburn Trace developments. These projects are part of a private sector redevelopment initiative that will have a major impact on the entire neighborhood. To protect his investment, the developer has indicated his willingness to undertake the redevelopment of the northern part of the corridor. However, the existing zoning on the subject property makes redevelopment of that block financially infeasible. The City's role in this overall redevelopment initiative is to provide the private sector with the necessary tools to accomplish the redevelopment. This opportunity is a change in circumstances. In order to take advantage of it, rezoning of the subject properties is appropriate. As noted earlier in this report, a Comprehensive Plan FLUM Amendment is being processed concurrently with this rezoning and the proposed RM zoning is more appropriate under the proposed MD FLUM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12~h Avenue Page 12 No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. REVIEW BY OTHERS Community Redevelopment Agency (CRA) The CRA considered this request at its July 12, 2007 meeting. The Board recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCL`'USlON The FLUM designation and zoning classification for the subject property are being amended to facilitate redevelopment of the area. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 13 C. Recommend to the City Commission denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the Comprehensive Plan. RECOMMENDED ACTION Recommend to the City Commission approval of the proposed Future Land Use (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Multiple Family Residential -Medium Density), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: • Proposed Future Land Use Map • Proposed Rezoning Map s:\planning & zoning\boardslp&z board\southwest 12th avenue flumamend&rezoning.doc N.W. 1ST .~ ~; 3 z ; i 3 3 3 3 z z i i CF ~ ®~~ ATLANTIC CC A VENU E F.f., Ca 4 _ 4 _ a 6 r~ ~ "tf.r:.. .. a - _ _-_ - _ -S. W. ... 15T ,r n _ p __ _ ~__~ _. -, ~ _._ __._ _. _- _ _. ~_ ____ _. -- N _.t ._ _-_ _.~_• I ND S. W. ~ 5.2D 3 3 3 3 U VI ~ ~ H ~ 3 3 vii 3 S. N ~i N IA 3RD . W. ®® S.W. 3RD CT. .W. 3RD CT. sw. am sT. ^~ ~/ S. W. ¢ ~S' AUBURN CIRCLE NORTH N ~ F < O~ J C• LL' 4 3 ; U ~'~ VI N s.w. eni AUBURN DR. ~ U P~2J > > m m CF ~ ~ ,~ ~~ J -- OfGJ1AL R4Sf MAP SYSTEM -- MAP REF: LM1020 N PROPOSED FUTURE LAND USE MAP AMENDMENT ~_ SOUTHWEST NEIGHBORHOOD AREA (SW 12TH AVENUE) qTY OF DELRAY BEACH, FL ANNING k ZONING DEPARTMENT P PROPOSED FUTURE LAND USE MAP AMENDMENT: MD (MEDIUM DENSITY) L A T L A N T I C a S. W. 2ND 3 3 3 3 VI UI VI N S. W. __ 3R D srn sT. ~ CF OSR ST. AUBURN CIRCLE NORTH RM J CF v ~p5 AU URN DR. ~ U ' SR a ~'~ CF A V E N U E N PROPOSED REZONING ~! SOUTHWEST NEIGHBORHOOD AREA (SW 12TH AVENUE) CITY OF DELRAY BEACH, FL ZONING DEPARTMENT PLANNING d PROPOSED REZONING TO: RM (MULTIPLE FAMILY RESIDENTIAL, MEDIUM DENSITY) i -- DlCITAL BAS£ MAP SYSTEM -- MAP REF: LM 1020 I COMPREHENSIVE PLAN AMENDMENT 07-2 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Existing Workforce Housing Overlay Districts SD #2 CITY OF DELRAY BEACH, FLORIDA L~0 CANAL sob r - ~ ~ ~~ _J ~ ~ ~~ r' i i 1 4^ ~ u ~ I ~ ~ ..,,.- one anen ~ I y i C: r'- ~._._._ r'- -- _ T. ~ I ~ 1 1 I i i__ L_.__ _._.___._.__~ i i i ,-~ ATLANTIC ;n iJ L.~ L n_ iy l.O,NSOW BDuLF/ARD c ui vi ~ I ~ ~ a ~ ~ ti ~ ~ ~ ~ ~_ g I s [~ ~ LINTON BOULEVARd "' i r.,.\ ~ L1NT0 s:~ i l ~ I OHO L._._ I i 'FR> ~CaD i 1 ! ~4A~T01"~~L z ~ ~~o`c~ I max, i ~ I a 1 vOi i L._._.J ~, ~ i w I ~ z U sob L-38 CANAL C-15 CANAL an aF eou MmM Existing Workforce Housing Overlay Districts 24 Units Per Acre SOUTHWEST NElGH80RHOOD OVERLAY CARVER ESTATES OVERLAY /-95/CSXRAILROAD CORR/DOR OVERLAY ~ 78 Units Per Acre ® Coastal High Hazard Area .3. ~ , r. : 8~ . 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A `L. ~o r~ .x,r.. ~a os-c My ~ a _ ~ 0 s ~J CONGRESS AVENUE MIXED USE '~ FUTURE LAND USE MAP CITY OF DELRAY BEACH, FL ®MAXIMUM 40-50 UNITS PER ACRE WITH WORKFORCE HOUSING PLANNING & ZONING DEPARTMENT DIGITAL SASE MAP SYSTEM -- MAP REF: LM952 COMPREHENSIVE PLAN AMENDMENT 07-2 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT Four Corners Overlay District Future Land Use Map SD #3 ;H J Q Q' F TRN CF ~ a O~ N FOUR CORNERS OVERLAY DISTRICT ~ FUTURE LAND USE MAP CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ~ ~ ~ ~ ~ ~ ~ CITY LIMITS ~ PROPOSED ADDITION TO OVERLAY DISTRICT -- DIGITAL B4SE MAP SY51FM -- MAP REF: U/AUTOCAD I COMPREHENSIVE PLAN AMENDMENT 07-2 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Carver Estates Overlay District Future Land Use Map ORC Response for Comprehensive Plan Amendment 05-2 SD #4 S. W. 3R0 CT. s.w. sRO cr. s.w. any sr. CF ~/ S. W. ~ ~i rc > ~ < AUBURN CIRCLE NORTH ~ N < ~ O~ ~ < W CF 3 3 v ~P V1 f/1 VI S. W. 6 ~ v z 01 J~' S"~ P W Q ~/ ~ ~ ro H pJOJ N 0_ S. W. 7 s.w. a ~ ~ ~ , - C < ~ < s.w. N "~~~~- NJ ~~ D _ 'N O 3 3 3 ~ S, yy, vi vi ~i 3 (iii 3 3 yj '. VI N 41 S. N/. IND < v N 3 ROYAL DR. ~ 11TH ~~ & ~ 3 POINSETTIA DRIVE • MD ~ < DOUGLASS Q J J ~ W J ~ EORGIA STREET ~ ~2J~ z ~' w -- 0/GlTAL BAS£ MAP SYS7£M -- MAP REF: LM7027 N EXPANSION OF CARVER ESTATES ~~ OVERLAY DISTRICT CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ~ EXISTING OVERLAY DISTRICT PROPOSED ADDITION TO OVERLAY DISTRICT PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 21, 2005 AGENDA ITEM: IV.A. - CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 2005-2. ~ ITEM BEFORE THE BOARD: ~ The item before the Board is that of forwarding a recommendation to City Commission regarding the response to the Florida Department of Community Affairs (DCA) ORC report for Comprehensive Plan Amendment 2005-2. BACKGROUND: Comprehensive Plan Amendment 2005-2 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on August 2, 2005. This meeting was also the first reading of the Adoption Ordinance (No. 56-05). On September 20, 2005, the City Commission approved the Annexation, small scale FLUM Amendment and Rezoning for Gramercy Square II. However, DCA has since determined that the FLUM Amendment does not meet the requirements for small scale amendments and needs to go through the regular (twice a year) amendment process. This was due to the potential density above 10 du/ac in the proposed MD FLUM designation. To expedite the process, the FLUM amendment is being added to Comprehensive Plan Amendment 2005-2. The City Commission approved the revised Amendment on first reading of the Ordinance on November 15, 2005. Several other changes to the 2005-2 Amendment are also being made prior to adoption-the description of the Medium Density FLUM designation is being further modified to allow for a maximum density of 24 units per acre, subject to the provision of workforce housing, within the Carver Estates Overlay District; the proposed new policy regarding the reduction of right-of-way for North Federal Highway is being revised to reflect an ultimate right-of-way of 102 feet, instead of 100 feet; the Five-Year Capital Improvements Schedule is being modified to reflect adoption of the FY2006-FY2010 Capital Improvements Program; and the School District's Six Year Capital Improvement Schedule and Concurrency Map series are being updated. In addition to the above changes, an additional Future Land Use Element Objective and Policies are being added to support the City's Workforce Housing initiatives. This addition is in response to the ORC Report. IV. A. P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 2 The 2005-2 amendment now includes two (2) privately initiated Future Land Use Map Amendments, three (3) City initiated Future Land Use Map Amendments, and thirteen (13) text changes. A brief description of each item is provided below and a full analysis is contained in the attached Comprehensive Plan Amendment and support documents. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: • Future Land Use Map amendment for the Lintco multi-family site, containing approximately 7.05 acres at the northwest corner of Linton Boulevard and SW 4th Avenue, from RDA-3 (Redevelopment Area #3} to MD (Residential Medium Density 5-12 du/ac). • Future Land Use Map amendment for Gramercy Square II, containing approximately 4.85 acres on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue, from County HR-8 (High Residential - 8 dulac) to City MD (Medium Density Residential 5-12 du/ac). CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: • Future Land Use Map amendment for the public park within the Bexley Park subdivision from LD (Residential Low Density 0-5 du/ac), in part and GC (General Commercial), in part to OS (Open Space). Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with annexation via water service agreement of approximately 10 acres of property for Valero Gas Station, Watkins Motor Lines and Public Self Storage, Inc, located west of Military Trail, 100 feet north of Conklin Drive. The current County Land Use Map designation is CH-8 (Commercial High with an underlying High Residential, 8 units per acre) and the proposed City designation is GC (General Commercial), in part and TRN (Transitional), in part. • Future Land Use Map approximately 0.5 acres o 4th Avenue, from RDA-3 Density 5-12 du/ac}. TEXT AMENDMENTS: amendment for the Lee Burke property, containing n the north side of Linton Boulevard, 660 feet west of SW (Redevelopment Area #3) to MD (Residential Medium • Future Land Use Element -Modification of the description of the Medium Density FLUM designation to include provisions for increased density to 24 units per acre for the Carver Estates Overlay District and to approximately 18 units/acre within the boundaries of other special overlay districts to accommodate higher density residential development subject to the provision of workforce housing. Future Land Use Element -Modification of the description of the Transitional FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing. P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 3 • Future Land Use Element - Modification of the description of the General Commercial FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing. • Future Land Use Element -Add Policy regarding creation of an overlay district for the Congress Avenue Corridor to encourage the development of Class A corporate offices. • Future Land Use Element -Add new Objective and Policies to support the City's Workforce Housing Initiatives. • Transportation Element -Add Policy regarding the change of NE/SE 1St Streets from one-way back to two way traffic. • Transportation Element -Add Policy regarding enhancement of the US-1 corridor (NE/SE 5th Avenue and NEISE 6th Avenue) between NE 4th Street and SE 4th Street through beautification and the provision of improved parking and pedestrian circulation. • Transportation Element -Add Policy to seek the reduction of the ultimate right-of- wayfor Federal Highway from 120 feet to 102 feet, north of George Bush Boulevard. • Housing Element -Revise "Analysis" section to update information pertaining to historically significant housing. • Open Space and Recreation Element -Update "Analysis", "Conclusions" and "Needs and Recommendations" sections to reflect updated conditions and to be consistent with the adopted City of Delray Beach Parks and Recreation System Master Plan. • Capital Improvement Element -Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) to reflect adoption of the FY 2006-2010 Capital Improvement Program. • Capital Improvement Element -Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3. • Public Schools Facilities Element -Updated Concurrency Map Series for the School District (Maps PS 1.1; PS 2.1; PS 3.1; and PS 3.2). ORC REPORT RESPONSE DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on October 6, 2005. The ORC report contains three objections. All three objections deal with issues related to the proposed P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 4 modification of the descriptions of Medium Density, Transitional and General Commercial Land Use Categories to allow densities to exceed 12 units per acre. The following is a description of the objections and the recommended responses. ORC OBJECTION # 1 "!t is not clear where or how the housing overlay applies. The overlay seems to be applied through the land development regulations and not supported or identified in the plan. Since the overlay is establishing additional density standards for overlay areas, those areas should be mapped on the Future Land Use Map to be infernally consistent with the Future Land Use Element Policies. Additionally, Policy A-5.6 already allows the Genera! Commercial Land Use Category up fo 30 units/acre in the West Atlantic Avenue Redevelopment Area through conditional use approval. It is not clear how the amendment would apply to that area. Implementafion of this policy is vague and undefined. [Rule 9J-5.005(a) and (b), F.A.C.; Rule 9J-5.005(6), F.A.C.J" Response: The proposed Workforce Housing Overlays are being applied to all areas within the RM (Residential Medium Density) zoning district, which lie east of Interstate 95 and not within the Coastal High Hazard Area. The applicable areas within this zoning district are included within the Medium Density and Transitional Land Use Categories. One additional Overlay is being applied to the "Delray's Lost Drive-in" property-a swap shop located on North Federal Highway. This property has a General Commercial Land Use designation. No other General Commercial property is being included in a Workforce Housing Overlay at this time. For clarification, it is noted that Future Land Use Element Policy A-5.6, referenced in the Objection, was eliminated with Comprehensive Plan Amendment 2002-1, since it was completed with the passage of City Ordinance #54-01. It is also noted that the General Commercial Land Use designation within the West Atlantic Avenue Redevelopment Area was changed to CC (Commercial Core) as part of Comprehensive Plan Amendment 2004-2. The descriptions of the General Commercial and Commercial Core Land Use Categories were also amended at that time to reflect the change. The 30 units per acre density was retained within the West Atlantic Avenue Redevelopment Area, as part of the Commercial Core description. The City's FamilyiWorkforce Housing Program (Land Development Regulations Section 4.7) currently includes three Overlay Areas. The Southwest Neighborhood Overlay District has a maximum density of 24 units per acre. The Carver Estates and the SW 10th Street Overlay Districts are also included in the Program, but no density bonuses are currently allowed. The maximum density in these two areas is the maximum density allowed in the zoning district (12 units per acre). In addition to meeting Performance Standards, a minimum of twenty percent of the residential units must be developed as workforce housing to obtain this density. Since transmittal of the amendment, the proposed maximum density on the Carver Estates Overlay District has been increased from 18 to 24 units per area. This area is owned by the Delray Beach Housing Authority and will be redeveloped with a major P8Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 5 emphasis on workforce housing. The impacts of this change are included with the discussion of overall impacts in the response to Objection #3. All of the existing and proposed overlay areas, where additional density may be applied to support the City's effort to encourage the provision of workforce housing, have been mapped and shall be included on the Future Land Use Map. To further support the initiative, the following Objective and Policies are being added. Future Land Use Element Objective A-7 To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policy A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. Policy A-7.3: Residential Density may not be increased on any property located within the Coastal High Hazard Area through density bonuses in the Workforce Housing Program. Policy A-7.4: All Workforce Housing Units, constructed under the Family/Workforce Housing Program, shall remain affordable for a period of no less than thirty (30) years commencing from the date of initial occupancy of the unit. ORC OBJECTION # 2 `The density could be increased in the coastal high hazard area because there is no limitation or prohibition in applying these additional units within the coastal high hazard area, especially since the overlays are applied through land development regulations and not a plan amendment. (Rule 9J-5.012(3)(b)6., F.A.C.J" Response: As noted in the response to Objection #1, areas within the Coastal High Hazard area are not included with the Workforce Housing Overlays, and are not subject to density bonuses. In addition, Policy A-7.3 has been added to prohibit density increases in this area. P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 6 ORC OBJECTION # 3. `There is no demonstration through data and analysis of the impact of additional units on level of service standards and whether fhe adopted level of service standards will be maintained through the five year planning time frame. There is no data and analysis of how many units are estimated to be applied under this amendment, so the impact on required services and infrastructure cannot be determined. Additionally, no determination on whether the impact of the amendment will cause school facilities to exceed capacity. j163.3977(6)(a), F.S. and Rules 9J-5.005(2) and (3) and .006(5)(8)(6), (7) and (8), F.A.C.; Rule 9J-5.006(3)(b)9., and {3)(c)3., F.A.C.J" Response: There is a total of 462 acres located within existing and proposed Workforce Housing Overlay Districts. The Southwest Neighborhood Overlay District, which is already included within the City's Workforce Housing Program, contains 82 acres and has a maximum density of 24 units per acre. Since provisions to increase the density on this area was approved in Comprehensive Plan Amendment 2004-2, this area is -not included in the discussion of impacts of the current Amendment on services and infrastructure. Although the SW 10th Street Overlay District is already included within the Workforce Housing Program, no density bonuses are allowed in this area, which includes 9.3 acres. The additional land area subject to Density Bonuses with this Comprehensive Plan amendment is 370.7 acres. Of this area, 18.2 acres (Carver Estates Overlay) will have a maximum density of 24 units per. acre; and the remaining area will have a maximum density of 18 units per acre. The following table illustrates the maximum development potential of the area: Table 1 New or Modified Workforce Housing Overlay Areas FLUM Category Zoning Land Area Maximum DensitylUnits Maximum Density! Units (Acres) Existin Proposed Carver Estates RM (Residential 18.2 12 units per acre 24 units per acre Medium (218 units) (436 units) TRN (Transitional) Densi Infill Overlay RM (Residential 344.3 12 units per acre 18 units per acre MD (Medium Density) Medium (4,131 units) (6,197 units) and TRN Transitional Densi Swap Shop GC (General 8.2 12 units per acre 18 units per acre GC (General Commercial) (98 units) (147 units) Commercial TOTALS 370.7 4,447 units 6,780 units The above table illustrates that the maximum number of additional units that could be developed with Density Bonuses under the Workforce Housing program is 2,333. However, this assumes that all of the property within the overlay districts will utilize the program. This is clearly not the case. For example, the Southwest Neighborhood Overlay District (82 acres) has had density bonuses available since December, 2004, but only one project (2 acres} has utilized the program. The expansion of the area included in program will provide additional opportunities for participation. However, P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 7 given the fact that nearly all of this area is developed, and the reluctance of many developers to include affordable units in their projects, it is estimated that no more than 20% of the area will ultimately be redeveloped at the higher density through this program. Therefore, the maximum number of additional units anticipated is 466 units. A discussion of the impacts associated with this increase in development potential is given below. Water & Sewer: The adopted LOS standard for the City's Water Treatment System is 195 gallons per person per day water usage with a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The current estimate for demand at the city's build-out population of 75,000 is 18.3 million gallons per day. Public Facilities Element Objective C-4 states: Potable water distribution system capacity is available fo all areas wifhin the City's service area. Installation of facilities shall be programmed when the need is demonstrated. The adopted LOS standard for the City's Wastewater Treatment System is 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the City's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendments will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. There is an extensive drainage system within the eastern half of the City. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems. Drainage is reviewed during the Site Plan Approval process for individual P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 8 projects. There are no problems anticipated with obtaining South Florida Water Management District permits within this area of the city; and the additional impacts caused by the increased impervious area will not affect the level of service. Open Space & Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes an existing level of service of 7.5 acres per 1,000 residents, far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Additionally, larger individual projects are required to provide on-site recreational facilities for tots to teens. The adequacy of these facilities is determined during the Site Plan Approval process. Education (School Concurrencyl: School concurrency will be addressed with future proposals for residential development. Given that these units will be spread throughout the eastern half of the City, the potential 466 additional units is not anticipated to be a concern. Solid Waste: An additional 466 multi-family units will generate approximately 242 tons of solid waste per year. This increase can be accommodated by existing facilities. In its annual capacity letter, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2024. Traffic: The potential traffic associated with the anticipated additional 466 multi-family units is 3,262 ADT (7 trips per unit). This traffic will be spread throughout the eastern half of the City, which is located within the Coastal Residential Exception Area. As stated in Article 12 of Palm Beach County's Unified Land Development Code, Traffic Performance Standards, "The Coastal Residential exception to the LOS requirements of this Article promotes urban intill and defers urban sprawl. It also promotes redevelopment. It provides closer proximity of residential uses to commercial uses and employment bases, thereby reducing the impact on the overall Major Thoroughfare system, pollution, the use of fossil fuels and other resources, and the travel time and needs of the public." This exception from traffic concurrency applies to both residential projects and the residential portion of mixed-use projects east of I-95. It is noted, however, that traffic P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 9 studies for new development are required during the Site Plan Approval process and impacts to local roadways are identified and mitigated at that time. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The City of Delray Beach's proposed comprehensive plan amendments are not consistent with and do not further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes: (15) Land Use, (b) and Policy 1. Recommendation: The City should revise the proposed amendment to be consistent with the State Comprehensive Plan (see specilrc objections, comments and recommendations included in this report). Response: The issues that are inconsistent with the State Comprehensive Plan have been addressed through the above responses to the ORC Report. RECOMMENDED ACTION By motion, recommend that the City Commission approve on second and final reading Comprehensive Plan Amendment 2005-2 and that the response to the ORC Report, contained herein, be transmitted to the State with the adopted amendment. Attachments: • ORC Report • Workforce Housing Overlay Map • Comprehensive Plan Amendment 2005-2 s:lplanning & zoningllongrangelcomplamend 05-2ladoption12005-2orc.doc COMPREHENSIVE PLAN AMENDMENT 07-2 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #! Southwest Neighborhood Overlay District Future Land Use Map SD #5 N EXPANSION OF SOUTHWEST NEIGHBORHOOD -~ OVERLAY DISTRICT CITY OF DELRAY BEACH, FL PLANNING do ZONING DEPARTMENT ~ EXISTING OVERLAY DISTRICT PROPOSED ADDITION TO OVERLAY DISTRICT -- D1G/TAL BAS£ MAP SYSTEM -- MAP REF: LM1020 WEINER ~ ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw. com MICHAEL S. WEINER CAROLE J. ARONSON August 7, 2007 ~~ AUG 0 7 Z~O~ C~~"Y Susan Ruby, Esquire City Attome~'s Office 200 N.W. 1 Avenue Delray Beach, Florida 33444 JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN Via Hand Detivery Ms. Chevelle Nubin, City Clerk The City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: City Commission Agenda Item No. 10.A.1.e. Privately Initiated Text Amendment Our File No.: PUGA081 Dear Susan and Chevelle: On behalf of the applicant, please consider this letter our formal withdrawal of the above referenced item on tonight's City Commission Agenda. If yo should have any questions, please contact me. Very y urs, Mi h .Weiner M : ~k cc: Mr. Anthony Pugliese, III ~~ ~~~~ 0:1PUGA081 \Letter to Ruby. Nubin. ra withdrawal. Aug 7. 2007.doc G.a/ ~~~ ,~Gt~Ma,~r~- l-~~rn. l~, A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY ~~~ DATE: July 30, 2007 SUBJECT: AGENDA ITEM # ~ ~ • ~ -REGULAR MEETING OF AUGUST 7, 2007 RESOLUTION 44-07 INVENTORY LIST OF PROPERTY FOR AFFORDABLE HOUSING ITEM BEFORE COMMISSION Resolution 44-071ists the property owned by the City that is appropriate for affordable housing. BACKGROUND Florida Statute Section 166.0451 requires municipalities, every 3 years, to adopt a resolution listing the real property owned by the municipality that is appropriate for affordable housing. The one parcel that is listed on this resolution is located just south of the intersection of 133 Road South and Barwick Road. RECOMMENDATION Approve Resolution 44-07. RESOLUTION NO. 44-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING FORTH AN INVENTORY LIST OF PROPERTY TO BE USED FOR AFFORDABLE HOUSING IN ACCORDANCE WITH SECTION 166.0451 OF THE FLORIDA STATUTES. WHEREAS, Florida Statute Section 166.0451 requires municipalities, every 3 years, to adopt a resolution listing the real property owned by the municipality that is appropriate for use as affordable housing; and WHEREAS, the properties meeting the requirements of Section 166.0451 are listed below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida, owns the following properties that are appropriate for affordable housing: 3 acre vacant parcel just south of the intersection of 133 Road South and Barwick Road and further described as follows: The East 221.59 feet of the Southwest'/< of the Southeast '/o of the Northwest '/< of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the South 40 feet thereof for Lake Worth Drainage District right-of--way. PASSED AND ADOPTED in regular session on the day of , 2007. MAYOR Attest: City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: JULY 23, 2007 SUBJECT: AGENDA ITEM # ~ !.~ . ~ REGULAR MEETING OF AUGUST 7, 2007 FPL FRANCHISE ORDINANCE N0.29-07 ITEM BEFORE COMMISSION Ordinance No. 29-07 replaces an existing FPL franchise agreement which is set to expire in 2011. BACKGROUND The new FPL franchise if approved by the City Commission will have a thirty (30) year duration (to 2037). The ordinance provides for a revised and simplified franchise fee calculation methodology. The fee contained in the ordinance is 5.9% with no offset for property taxes paid. The current ordinance provides fora 6% fee with the property tax offset. It is expected that increased revenues will inure to the City and a more simplified calculation will be the result if this franchise ordinance is adopted. FUNDING SOURCE N/A RECOMMENDATION City Staff recommends approval of Ordinance No. 29-07. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Joe Safford, Finance Director Tony Newbold July 24, 2007 Ms. Susan Ruby City Attorney City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Early Renewal of Delray Beach's Electric Franchise. Dear Ms. Ruby: I was able to attend the City's workshop regarding the impact of the proposed property tax reduction and realizing that Delray Beach will be adversely affected. I asked myself the question, how can I help? Realizing that the Franchise Agreement expires in March of 2011, I thought that since FPL has changed the formula used to calculate the franchise fees paid to the holder, why not pursue early renewal now rather than at the end of the existing agreement. I therefore had my accounting department run the numbers based on the new formula and amazingly, and to my surprise, I learned that the City can realize an immediate cash flow increase often percent on revenues currently received from the franchise as well as and additional $449,858.00 in property tax savings. Under a new agreement, calculated revenues would increase from $4,620,162.00 to $5,427,635.00. The existing formula allows FPL to recover the property taxes paid to the City whereas the new formula does not nor does the new formula pay you ninety percent of the calculated revenues until the anniversary date when the account is trued up. I see this opportunity of early renewal as a significant benefit to the City and would ask that you encourage approval so that the City can receive the benefits of this new Agreement. Thank you in advance for pursuing this great opportunity to increase the cash flow revenues from the franchise as well as the significant savings from property taxes. Please feel free to call on me for any additional information that you may need. Sincerely, Anthony L. Newbold Area Manager, External Affairs FPL June 20, 2007 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Early Renewal of Delray Beach's Electric Franchise. Dear Mr. Harden: FPL has enhanced the formula by which it calculates the franchise fee to be paid to the City of Delray Beach and other municipalities and counties renewing or entering into new franchise agreements with FPL. The new formula streamlines the process and generally results in increased franchise fee payments to most municipalities, including the City of Delray Beach. This new formula is found in Section 5(a) of the new agreement, while the old formula is found at Section 6 of the existing agreement. Under the new agreement, the process of calculating and paying the franchise fees is streamlined and simplified as follows: • FPL pays 100% of the franchise fee on a monthly basis • There is no need to true up the payments at the end of the year (under the existing franchise FPL is obligated to make estimated payments at a rate of 90% per month with an annual true up at the end of the franchise year) • The new formula is simpler and will provide additional revenue A significant difference between the existing franchise agreement and the new agreement is the franchise fee rate. The existing franchise agreement involves a calculation resulting in FPL paying franchise fees under a formula that is simply stated as follows: Franchise fee + property taxes paid by FPL + permits/fees = 6% of specified revenue Under the new franchise, FPL uses a simpler formula as follows: Franchise fees + permits/fees = 5.9% of specified revenue Because the new formula excludes the property taxes paid by FPL in calculating the 5.9%, the new formula yields a higher franchise fee payment to the City of Delray Beach than the old formula utilizing 6%. The new formula used by FPL in calculating franchise fee payments does not affect property taxes paid by FPL. FPL continues to pay its property taxes but will no longer include that amount in calculating the franchise fees paid to the City. Thank you for providing the time to explore the possibility of renewing the electric franchise early. I am available for further discussions with you and others so that we can expedite the renewal, thus allowing the City to benefit from the change in the franchise formula. Sincerely, Anthony L. Newbold Area Manager, External Affairs Cc: Ken Rubin, Esq. ORDINANCE NO. 29-07 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF DELRAY BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida recognizes that the City of Defray Beach and its citizens need and desire the continued benefits of electric service; and WHEREAS, the provision of such service requires substantial investments of capital and other resources in order to construct, maintain and operate facilities essential to the provision of such service in addition to costly administrative functions, and the City of Delray Beach does not desire to undertake to provide such services; and WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the demonstrated ability to supply such services; and WHEREAS, there is currently in effect a franchise agreement between the City of Delray Beach and FPL, the terms of which are set forth in City of Delray Beach Ordinance No. 11-81 passed and adopted March 10, 1981, and FPL's written acceptance thereof dated March 27, 1981 granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and WHEREAS, FPL and the City of Delray Beach desire to enter into a new agreement (New Franchise Agreement) providing for the payment of fees to the City of Delray Beach in exchange for the nonexclusive right and privilege of supplying electricity and other services within the City of Delray Beach free of competition from the City of Delray Beach, pursuant to certain terms and conditions, and WHEREAS, the City Commission of the City of Delray Beach deems it to be in the best interest of the City of Delray Beach and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to construct, operate and maintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter called "public rights-of-way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Delray Beach, Florida, and its successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities 2 installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 2. The facilities of the Grantee shall be installed, located or relocated so as to not unreasonably interfere with traffic over the public rights-of-way or with reasonable egress from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation of all facilities shall be made as representatives of the Grantor may prescribe in accordance with the Grantor's reasonable rules and regulations with reference to the placing and maintaining in, under, upon, along, over and across said public rights-of--way; provided, however, that such rules or regulations (a) shall not prohibit the exercise of the Grantee's right to use said public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers, and (c) shall not require the relocation of any of the Grantee's facilities installed before or after the effective date hereof in public rights-of-way unless or until widening or otherwise changing the configuration of the paved portion of any public right-of-way used by motor vehicles causes such installed facilities to unreasonably interfere with motor vehicular traffic, Such rules and regulations shall recognize that above-grade facilities of the Grantee installed after the effective date hereof should be installed near the outer boundaries of the public rights-of-way to the extent possible. When any portion of a public right-of-way is excavated by the Grantee in the location or relocation of any of its facilities, the portion of the public right-of-way so excavated shall within a reasonable time be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. The Grantor shall not be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's facilities required under subsection (c) of this 3 Section, except, however, the Grantee shall be entitled to reimbursement of its costs from others and as may be provided by law. Section 3. The Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. Section 4. All rates and rules and regulations established by the Grantee from time to time shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor, commencing 90 days after the effective date hereof, and each month thereafter for the remainder of the term of this franchise, an amount which added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, business or operations and those of its subsidiaries during the Grantee's monthly billing period ending 60 days prior to each such payment will equal 5.9 percent of the Grantee's billed revenues, less actual write-0fFs, from the sale of electrical energy to residential, commercial and industrial customers (as such customers are defined by FPL's tariff within the incorporated areas of the Grantor for the monthly billing period 4 ending 60 days prior to each such payment, and in no event shall payment for the rights and privileges granted herein exceed 5.9 percent of such revenues for any monthly billing period of the Grantee. The Grantor understands and agrees that such revenues as described in the preceding paragraph are limited, as in the existing franchise Ordinance No. 11-81, to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; (h) other service charges. Section 6. If during the term of this franchise the Grantee enters into a franchise agreement with any other municipality located in Palm Beach County, Florida, where the number of Grantee's active electrical customers is equal to or less than the number of Grantee's active electrical customers within the incorporated area of the Grantor, the terms of which provide for the payment of franchise fees by the Grantee at a rate greater than 5.9% of the Grantee's residential, commercial and industrial revenues (as such customers are defined by FPL's tariff), under the same terms and conditions as specified in Section 5 hereof, the Grantee, upon written request of the Grantor, shall negotiate and enter into a new franchise agreement with the Grantor in which the percentage to be used in calculating monthly payments under Section 5 hereof shall be no greater than that percentage which the Grantee has agreed to Use as a basis for the s calculation of payments to the other Palm Beach County municipality, provided, however, that such new franchise agreement shall include additional benefits to the Grantee, in addition to all benefits provided herein, at least equal to those provided by its franchise agreement with the other Palm Beach County municipality. Subject to all limitations, terms and conditions specified in the preceding sentence, the Grantor shall have the sole discretion to determine the percentage to be used in calculating monthly payments, and the Grantee shall have the sole discretion to determine those benefits to which it would be entitled, under any such new franchise agreement. Section 7. As a further consideration, during the term of this franchise or any extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in competition with the Grantee, of electric capacity and/or electric energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system established solely to serve any retail customer formerly served by the Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other location(s). Nothing specified herein shall prohibit the Grantor from engaging with other utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing electric capacity and/or electric energy from any other person, or (ii) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity. and/or electric energy purchased by the Grantor from any other person; provided, however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person, the Grantor shall notify the Grantee. Such notice shall include a summary of the specfic rates, terms and conditions which have been offered by the other person and identify the Grantor's facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or better than those offered by the other person, the Grantor shall be obligated to continue to purchase from the Grantee electric capacity and/or electric energy to serve the previously-identified facilities of the Grantor for a term no shorter than that offered by the other person. If the Grantee does not agree to rates, terms and conditions which equal or better the other person's offer, all of the terms and conditions of this franchise shall remain in effect Section 8. If the Grantor grants a right, privilege or franchise to any other person or otherwise enables any other such person to construct, operate or maintain electric light and power facilities within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms and conditions which the Grantee determines are more favorable than the terms and conditions contained herein, the Grantee may at any time thereafter terminate this franchise if such terms and conditions are not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable. The Grantor shall then have 60 days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee determines that such terms or conditions are not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantors Clerk and termination shall be effective on the date of delivery of such notice. Section 9. If as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is permitted to provide electric service within the incorporated areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee determines that its obligations hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a competitive disadvantage with respect to such other person, the Grantee may, at any time after the taking of such action, terminate this franchise if such competitive disadvantage is not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of the consequences of such action which resulted in the competitive disadvantage. The Grantor shall then have 90 days in which to correct or otherwise remedy the competitive disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice. Section 10. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but no s such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six months after such final determination to make good the default before a forfeiture shall result with the right of the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. Section 11. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of public rights-of--way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the terms and conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in public rights-of--way, shall constitute breach of this franchise and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof until such time as a use permit is issued or a court of competent jurisdiction has reached a final determination in the matter. The Grantor recognizes and agrees that nothing in this franchise agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such right. Section 12. The Grantor may, upon reasonable notice and within 90 days after each anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee relating to the calculation of the franchise payment for the year preceding such anniversary date. Such examination shall be during normal business hours at the 9 Grantee's office where such records are maintained. Records not prepared by the Grantee in the ordinary course of business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Information identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. Grantor waives, settles and bars all claims relating in any way to the amounts paid by the Grantee under the Current Franchise Agreement embodied in Ordinance No. 11-81. Section 13. The provisions of this ordinance are interdependent upon one another, and if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect. Section 14. As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 15. Ordinance No. 11-81, passed and adopted March 10, 1981 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith, are hereby repealed. io Section 16. As a condition precedent to the taking effect of this ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within 30 days of adopfion of this ordinance. The effective date of this ordinance shall be the date upon which the Grantee files such acceptance.. PASSED on first reading this day of ATTEST: City Clerk First Reading Second Reading 2007. MAYOR ii MEMORANDUM To: MAYOR AND QTY COMMISSIONERS From: LULA BUTLER, DIRECTOR COMMCTNITY IMPROVEMENT AL BERG, ASST. DIRECTOR COMMUNITY IMPROVEME Through: QTY MANAGER' ~ " 1 Subject: AGENDA ITEM # l (.~ ~- REGULAR MEETING OF AUGUST 7, 2007 INCREASE LANDLORD PERMIT FEES ITEM BEFORE THE COMMISSION: City Corrunission approval of Ordinance No. 30-07 amending Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.2, to provide for an increase in the Landlord Permit fee from $30 per unit to $50 per unit effective October 1, 2007. BACKGROUND: The Cit~s Landlord permit fees were last raised in 1993. Staff surveyed other municipalities with similar programs to determine if our current fee was within the norm. Our review indicated that the Delray Beach fee is one of the lowest charged at this time. In addition, we considered the new programs offered via the Rental Inspector position that are made available to investor properties to assist in meeting the standards for rental properties as desired by the community that far exceed what is being offered by others. We surveyed the Cities of West Palm Beach, Boynton Beach, Tampa, Bonita Springs and Gainesville Florida. Raising the fee will bring the City of Delray Beach to a more equitable rate with other municipalities and ensure we are able to continue providing the education and technical assistance programs designed to achieve the Cit~s goal of quality neighborhoods. FUNDING SOURCE: N/A RECOMMENDATION: Staff recommends City Commission approval of the increase in the Landlord Permit fee from $30 to $50 upon the adoption of the amendment proposed under Ordinance 30-07 and applicable to Chapter 117.02. ORDINANCE NO.30-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AND INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City wishes to increase the landlord permit fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", of the Code of Ordinances is amended by amending subsection 117.02, "Permit Fees", to read as follows: Sec. 117.02 PERMIT FEES Applications for a landlord permit shall be available through the Community Improvement Department. The annual permit fee shall be fi~ dollars ($~A 50.00) per unit. Such permit fee shall be for one year from the date of issue on November 1 of each year. This fee shall not be prorated. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. 'That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 30-07 Agenda Item No.: I ~ ' AGENDA REQUEST Request to be placed on: Date: August 1, 2007 _X Regular Agenda Special Agenda Workshop Agenda Consent Agenda When: August 7, 2007 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: City Commission approval of Ordinance No. 30-07 amending Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.2, to provide for an increase in the Landlord Permit fee from $30 per unit to $50 per unit effective October 1, 2007. RECOMMENDATION Staff recommends City Commission approval of the increase in the Landlord Permit fee from $30 to $50 upon the adoption of the amendment proposed under Ordinance 30-07 and applicable to Chapter 117.02. ;~ Department Head Signature: ~-,~ti'~~'/ / ~"z`'~-~ ~~"°~~`-- City Attorney Review/Recommenda ion (if appli ble): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: ~~~i Agenda Coordinator Review: Received: Placed on Agenda: CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING -TUESDAY, AUGUST 7, 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING TI'EMS: 9. REGULAR AGENDA H. NOMINATIONS FOR THE FLORIDA CITIES OF EXCELLENCE AWARDS PROGRAM: Consider approval of nominations for the 2007 Florida Cities of Excellence Awards for Ashley Wintemute for the City Employee of the Year Award and the City of Delray Beach for the City of Excellence Award. ******************************************************************************** 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. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS THRU: CITY MANAGER~'1e~ FROM: DOUGLAS SMITH, ASSISTANT CITY MANAGER DATE: AUGUST 6, 2007 SUBJECT: AGENDA ITEM # i . ~ -REGULAR MEETING OF AUGUST 7, 2007 Nominations for the 200? Florida Cities of Excellence Awards. ITEM BEFORE COMMISSION This item is before the Commission for approval of nominations for the 2007 Florida Cities of Excellence Awards. BACKGROUND The Florida Cities of Excellence Awards Program is the annual awards program of the Florida League of Cities. This program "recognizes and honors outstanding citizens and city leaders, and cities for their excellent, innovative programs that provide our citizens with great public service." The application process for the awards requires nominations to be voted on and approved by a majority vote of the City Commission. The Cities of Excellence Awazds are available in various categories (see attachment), Staff is proposing that the City Commission consider nominations for: • Ashley Wintemute (who was just named the Delray Beach SPIRIT Employee of the Yeaz) for the City Employee of the Yeaz Award. • The City of Delray Beach for the Florida City of Excellence Award. RECOMMENDATION Staff recommends Commission approval of nominations for the 2007 Florida Cities of Excellence Awazds for Ashley Wintemute for the City Employee of the Yeaz Award and the City of Delray Beach for the City of Excellence Awazd. Awards and Recognition 2007 Awards Program Information The Florida League of Cities is pleased to announce the fourth annual "Florida Cities of Excellence" Award Program. The goal of this program is to focus public attention on the countless good things cities do to improve the quality of life in Florida! ~`' ,'!! FLORf DA cmct of cccaucrcc Florida Cfies of Excellence recognizes and honors outstanding ctizens and city leaders, and sties for their excellent, innovative programs that provide our ctizens with great public service. Awards will be given in the following 10 categories: ^ Florida City of Excellence Award ^ City Spirit Award ^ Mayor of the Year ^ Councl Member of the Year ^ City Clerk of the Year ^ City Attorney of the Year ^ City Manager of the Year ^ City Finance Offical of the Year ^ City Empbyee of the Year ^ City Citizen of the Year How to Enter For each individual or city nominated, nominators must return a nomination form, a 1,200-word or less narrative, and up to 10 pages of supportive information by august 10, 2007. Each nomination submitted to the League must be voted on by the city council/commission and pass with a majority vote, and be certified by the city cerk (see nomination form). Award nominations are limited to city, town or village governments that are members of the Florida League of Cities and their officals, employees and residents. Judging There is a two-tiered judging process. First, members of Leadership Florida and professional assocations will determine award finalists. The Florida League of Cities Executive Committee and past League officers will determine the winners. Judging will be based entirely on the written entry and supportive information. Nominators/nominees are asked not to contact the judges directly. Announcement of Winners Finalists will be announced in early October. Winners will be announced at an Awards Banquet on November 9, 2007, at the Hyatt Regency Orlando International Airport Hotel. All nominees are invited to attend the banquet. Following the announcement of finalists in early October, the person listed as the contact will be asked to send a color photograph of the finalist (either hard copy or digital), along with a 50-word or less summary of the narrative. This information was used in League publications and during the awards banquet. In addition, for finalists in the Mayor of the Year and Fbrida Ciiy of Excellence Award categories, the sty will submit a video presentation that is featured at the awards ceremony. Page 1 of 2 http://www.flcities.com/awards.asp 8/6/2007 Awazds and Recognition Winners wilt: • receive a beautiful "MUNI° award; • be spotlighted in the banquet award program; • be featured in a brief presentation shown during the awards program; and • be featured in the League's magazine, Quality Cities, and Web site, and be featured in amides in statewide publications (through press announcements). Award Criteria For each of the following awards, please complete a nomination form and return it to the Florida League of Cities by August 10, 2007. Please include additional supportive materials, such as newspaper clippings, photographs, letters from constituents, or other items that help document the program or person being nominated. No more than 10 pages (on &1/2°x11" paper, one-sided) of supportive material can be accepted. Please do not staple nomination packets or use presentation folders. In addition, please do not indude videotapes, DVDS, CDs or PowerPoint presentations. Click on the links below for the awards criteria for each category. • City_of Excellence • City_Sprit Award • Mayor of the Year • Council Member of the Year __ __ _ _ . • City_Employee of the Ye_a_r • City_Manager of the Year • City.. Clerk. of the Year • City Attorney of the_ _Year • City_Finance Official of the_Year • Ci Citizen_of the Year A listing of 2006. FIorida__Cities of Excellence winners and finalists in each category along with links to each finalist's nomination packet is available for reference in preparing 2007 nomination packets. Click here to view the Rules and Instructions for awards nominations. Click here for more information. The League also honors elected municipal offidals for their extensive years of service during the awards banquet for the Florida Cities of Excellence Awards program. Honorees indude mayors, coundl members (or commissioners, aldermen, councilors), vice mayors, deputy mayors, council chairpersons, council presidents, and mayors pro tempore.Click here to view a fisting of the 2006 Years of Service honorees. If you would a listing of past Cities of Excellence award winners, please click here. Back_to Top Page 2 of 2 http://www.flcities.com/awards.asp 8/6/2007